Pleasanton City Council
August 20, 2024

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, August 20, 2024
7:00 PM

City Council Chamber
200 Old Bernal Avenue
Pleasanton, CA 94566

The meeting will be held in-person, broadcast live on Channel 29 and at https://www.tri- valleytv.org and streamed at https://www.youtube.com/user/TheCityofPleasanton.

Public participation: It is requested that members of the public wishing to address the City Council submit a speaker card. When public comment is opened on an agenda item, individuals may speak once per agenda item.

To submit written public comment regarding an open session item on this meeting agenda visit https://forms.cityofpleasantonca.gov/f/writtenpubliccomment. Comments will be accepted by the City Clerk’s Office until 12:00 p.m. on the day of the Council meeting.

In Person at Council Chamber:
• Submit a physical speaker card to the City Clerk at the meeting. When your name is called, please provide comment at the podium.

CALL TO ORDER
• Pledge of Allegiance
• Remarks by Councilmember Testa
• Roll Call
Resolution No. 2024-057
Ordinance No. 2286

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 June 18 and July 16, 2024

2. Approve designation of voting delegates for the 2024 California Cities Annual Conference

3. Approve appointment of the 2024 advisory board for the Downtown Pleasanton Business Improvement District

City Council Agenda Page 2 of 4 August 20, 2024

4. Continued from July 16, 2024 - Adopt a resolution approving the Waste and Recycling Manager position and approve budget amendments in the Pleasanton Garbage Services Reserve Fund

5. Approve transfer ownership of the Amador Theater to the Pleasanton Unified School District

6. Approve cancellation of the September 3, 2024, City Council regular meeting Community Development

7. Actions of the Zoning Administrator and Planning Commission

8. Adopt Ordinance No. 2283 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

9. Adopt Ordinance No. 2284 to approve a Planned Unit Development (PUD) development plan (PUD-147) to 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

10. Adopt Ordinance No. 2285 approving a pre-annexation and development agreement with Foothill Boulevard Holding Company, LLC, filed under Case No.

P24-0378

11. Adopt a resolution determining the expenditure of Altamont Open Space funds for a consultant contract for a rancher/rural landowners outreach program related to conservation is consistent with the Altamont Landfill Settlement Agreement

12. Adopt a resolution approving an Assignment and Assumption of Ground Lease, Consent to Transfer of Project, and Grant of Option to Extend Ground Lease Term for Promenade Apartments at 5300 Case Avenue

13. Approve a Request from The Parkview, an assisted living community, to withdraw $891,002 from its operating reserves to cover operating deficits resulting from unforeseen increased vacancy, increased staffing and maintenance costs, and rising interest expense
Finance

14. Accept the monthly disbursements and investment report for June 2024 Police

City Council Agenda Page 3 of 4 August 20, 2024

15. Approve September 7-8, 2024 Closure of Main Street as Requested by the Pleasanton Downtown Association
Public Works

16. Accept Public Improvements performed by Doolittle Construction, LLC. (DBA Doolittle Road Construction) for the Annual Slurry Seal of Various Streets Project, CIP No. 23504

17. Adopt a resolution delegating authority to the City Engineer to file a Certificate of Acceptance for a previously rejected Bus Stop Dedication on Rosewood Drive

18. Approve plans and specifications and award a construction contract to Integra Construction Services, Inc., in the amount of $1,265,000 with an approximately 10 percent contingency of $127,000 and approve an amendment to a professional services agreement in the total amount of $31,800 for the Lions Wayside and Delucchi Park Renovations Project, CIP No. 06716 to be fully funded with dedicated Park Development Impact Fees

19. Approve agreement with D.H.R. Construction, Inc. for not-to-exceed amount of $323,183 for Callippe Preserve Golf Course Bunker Renovations

20. Approve a three-year janitorial maintenance and trade services agreement with Imperial Maintenance Services Inc. in the not-to-exceed contract amount of $2,700,000 with the option for two additional one-year extensions

21. Approve a professional services agreement with Causey Consulting in the not-to- exceed amount of $205,300 to prepare the City’s Sewer System Management Plan Audit and Update

22. Receive a status update for projects related to various City Sites damaged in the 2023 storm event and reimbursement efforts with FEMA and Cal OES

MEETING OPEN TO THE PUBLIC

23. Presentation of a proclamation recognizing August as American Muslim Appreciation and Awareness Month

24. 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.

25. Receive update on residential development proposals on two properties in East Pleasanton, outside the city limits, and provide direction to further analyze and explore terms around potential annexation, for future City Council consideration

City Council Agenda Page 4 of 4 August 20, 2024

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.

GHAD Minutes Page 1 of 2 June 18, 2024

GEOLOGIC HAZARD ABATEMENT DISTRICT

MINUTES
Tuesday, June 18, 2024
6:55 PM

CALL TO ORDER
Reso No. GHAD 24-145
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 6:55 p.m. from the Council Chamber located at 200 Old Bernal Avenue.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown

Absent: None.

Councilmember Balch arrived at 6:57 p.m.

PUBLIC HEARINGS AND OTHER MATTERS
If necessary to ensure completion of the following items, the Mayor may alter time limits.

1. Adopt resolutions approving the annual assessments according to the Engineer’s reports for the Geologic Hazard Abatement Districts (GHAD) for Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm
Recommendation:

Adopt Resolution Nos. GHAD 24-14
5, GHAD 24-146, GHAD 24-147, and GHAD 24-
148 approving the annual assessments according to the Engineer’s Reports for the Geologic Hazard Abatement Districts (GHAD) for Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm.

This procedure require
s the Board of Directors to:

1. Convene as the Board of Directors for the Laure
l Creek, Moller Ranch, Lemoine
Ranch, and Oak Tree Farm GHADs.

2. Open and conduct a public he
aring to hear protests regarding the levy of annual
assessments for each of the GHADs according to the Engineer’s Reports approved at the May 21, 2024, Board meeting, making modifications or adjustments if deemed necessary by the Board.

3. Adopt a resolution confirming
the assessments, and order that the amount of the
assessments be levied against each property within the GHADs for the costs to operate the GHADs.

4. Direct the Clerk of
the District to record a Notice of Assessments.

5. Appropriate the followi
ng amounts to fund assessments for City-owned
Item #1

GHAD Minutes Page 2 of 2 June 18, 2024
properties:

GHAD Name Fund Water Fund Amount Sewer Fund Amount
Laurel Creek Water Fund
(420)
2 parcels X $432 =
$864
$0
Moller Ranch Water Fund
(420)
$133 $0
Oak Tree Farm Sewer Fund
(430)
$0 $355
Total Appropriations $997 $355
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment
MOTION: It was m/s by Arkin/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

ADJOURNMENT
Mayor Brown adjourne
d the meeting at 6:58 p.m.
______________________
Jocelyn Kwong, City Clerk

City Council Minutes Page 1 of 8 June 18, 2024

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, June 18, 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 Balch provided opening remarks.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown

Absent: None.

REPORT ON CLOSED SESSION
No closed session was held for report out.

AGENDA AMENDMENTS
None.

CONSENT CALENDAR
Councilmember Balch removed item 1 for further discussion.

Mayor Brown removed item 3 for further discussion.

Councilmember Arkin removed item 14 for further discussion.

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 consent calendar as recommended with the exception of items 1, 3, and 14 which were pulled from consent calendar for further discussion. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None
City Manager
Item 1 was pulled for further discussion.

City Council Minutes Page 2 of 8 June 18, 2024
Community Development

2. Actions of the Zoning Administrator and Planning Commission Recommendation: Approve actions of the Zoning Administrator and Planning Commission.

Item 3 was pulled for further discussion.

Finance

4. Adopt a resolution approving Fiscal Year 2024/25 Investment Policy and Guidelines
Recommendation: Adopt Resolution No. 2024-042 approving the Fiscal Year 2024/25 Investment Policy and Guidelines.

5. Approve Fiscal Year 2024/25 recurring purchase order agreements Recommendation: Authorize the issuance of RPOAs to vendors and amounts for FY 2024/25.

6. Adopt a resolution approving the Fiscal Year 2024/25 appropriations limit Recommendation: Adopt Resolution No. 2024-043 approving the Fiscal Year 2024/25 appropriations limit.

7. Approve an agreement with Chandler Asset Management, Inc. for Investment Management Services for three years from July 1, 2024 through June 30, 2027 with the not-to-exceed aggregate total of $218,000 over a three-year term with an option for two additional years
Recommendation: The Audit Committee met on June 6, 2024 to review the proposed contract for investment management services with Chandler Asset Management and recommended City Council approval. Staff recommends the City Council:
• Approve an agreement with Chandler Asset Management for investment management services for three years from July 1, 2024 through June 30, 2027 with the not-to-exceed aggregate total of $218,000 over a three-year term with an option to extend for two additional one-year extensions with satisfactory performance; and
• Authorize the City Manager to execute the initial three-year agreement and exercise two optional one-year extensions provided upon satisfactory performance for the first three years and the extension(s).

City Council Minutes Page 3 of 8 June 18, 2024

8. Accept the monthly disbursements and investment report for April 2024 Recommendation: Accept claim disbursements in the amount of $12,894,099 and the investment report for the month of April 2024.

Police

9. Approve the third amendment to the existing professional services agreement with All City Management Services for School Crossing Guard Services for the 2024/2025 school year by increasing the total amount by $663,327 and extending the term through Fiscal Year 2024/25 for a total amount of $2,951,781 Recommendation: Approve the third amendment to the professional services agreement with All City Management Services for school crossing guard services for the 2024/2025 school year by extending the term through Fiscal Year 2024/25 and increasing the total amount of the contract by $663,327 for a total amount of $2,951,781.

10. Approve the First Amendment to the Memorandum of Understanding with the Pleasanton Unified School District for a Term of One Year, through June 30, 2025, for the School Resource Officer program
Recommendation: Approve the First Amendment to the Memorandum of Understanding with the Pleasanton Unified School District for a Term of One Year, through June 30, 2025, for the School Resource Officer program.

11. Approve the third amendment to the Professional Services Agreement with Bonita House Inc. to increase the amount by $347,972 and extend the term for one year, through June 20, 2025, to provide clinician services for the Alternate Response Unit, for a total not-to-exceed amount of $1,123,916 over the three-year term Recommendation: Approve the third amendment to the Professional Services Agreement with Bonita House Inc. to increase the amount by $347,972 and extend the term for one year, through June 30, 2025, to continue to provide clinician services for the Alternate Response Unit for a total not-to-exceed amount of $1,123,916 over the three-year term, and authorize the City Manager to execute the third amendment.

Public Works

12. Public Hearing - Adopt resolutions approving the 2024/25 Annual Assessments 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)
Recommendation:

City Council Minutes Page 4 of 8 June 18, 2024

1. Open and hold a public hearing to receive comments regarding the levy of annual assessments for each of the Landscape Maintenance Districts.

2. Adopt Resolutions Nos. 2024-044, 2024-045, 2024-046, 2024-047, 2024- 048 confirming the Engineer’s Report and levying assessments for each of the Landscape Maintenance Districts.

3. Appropriate $11,560 from the applicable City funds (General Fund, Water Fund and Sewer Fund) to the respective Landscape Maintenance Districts.

13. Adopt a resolution to incorporate engineering recommendations for the list of resurfacing streets into the Streets Capital Improvement Program, Annual Resurfacing and Reconstruction of Various Streets Project, CIP No. 25503 for Fiscal Year 2024/25 funded by Senate Bill 1, the Road Repair and Accountability Act of 2017
Recommendation: Adopt Resolution No. 2024-049 to incorporate engineering recommendations for the list of resurfacing streets into the Streets Capital Improvement Program, Annual Resurfacing and Reconstruction of Various Streets Project, CIP No. 25503 for Fiscal Year 2024/25 funded by Senate Bill 1, the Road Repair and Accountability Act of 2017.

Item 14 was pulled for further discussion.

15. Approve three-year trash collection maintenance services agreement with Universal Site Services, Inc., in the not-to-exceed contract amount of $527,048 with the option to extend two additional one-year extensions Recommendation: Authorize the City Manager to issue a three-year trash collection maintenance services agreement to the lowest responsive and responsible bidder, Universal Site Services, Inc., in the not-to-exceed amount of $527,048 and authorize the City Manager to exercise optional two additional one-year contract extensions upon satisfactory performance at the end of the three-year term contract.

16. Adopt Ordinance No. 2281 amending Ordinance No. 1572 to update Pleasanton Municipal Code Chapter 9.14 to conform with obligations specified in the City of Pleasanton's Municipal Regional National Pollutant Discharge Elimination System Permit
Recommendation: Adopt Ordinance No. 2281 amending Ordinance No. 1572 to update Pleasanton Municipal Code Chapter 9.14 to conform with obligations specified in the City of Pleasanton's Municipal Regional National Pollutant Discharge Elimination System Permit.

MEETING OPEN TO THE PUBLIC

City Council Minutes Page 5 of 8 June 18, 2024

17. Presentation of a Proclamation to recognize the City of Pleasanton's 130th anniversary of incorporation
Councilmember Balch presented the proclamation to recipients from Museum on Main.

18. Presentation by Three Valleys Community Foundation
Presentation by Kelly Bowers, President of Three Valleys Community Foundation.

19. Public Comment regarding items not listed on the agenda – Speakers are limited to 3 minutes.

Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.

PUBLIC HEARINGS AND OTHER MATTERS

20. Receive a report outlining polling results, draft ballot measure language, and other considerations related to a local sales tax ballot measure Recommendation:

1. Review and discuss the polling results toward
assessing placement of a local sales tax measure before the voters in November 2024; and,

2. Provide direction on the content of legislation that would be approved at a future City Council meeting to be held no later than July 16, 2024, placing an ordinance before the voters of the City of Pleasanton imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration; and,

3. Discuss the content of information to communicate with the public about a local sales tax measure.

Presentation by Curt Below with FM3 Research.

Mayor Brown opened public comment. The following individuals provided comment: Jan Batcheller, Frankie Ayers, Frank Nasca, Stephen Wallace, Vicki LaBarge, Kelly Ceglio.

Mayor Brown closed the public comment.

The City Council provided direction indicating majority support to proceed with consideration at the July 16 meeting for placement of a revenue measure for the November general election ballot.

City Council Minutes Page 6 of 8 June 18, 2024
Mayor Brown called a recess at 9:04 p.m. and reconvened at 9:13 p.m.

1. Adopt a resolution authorizing the City Manager to purchase Bright Choice as the default electricity product for the City of Pleasanton's municipal accounts to save approximately $80,000 per year or $320,000 over the next four years Recommendation: Adopt a resolution authorizing the City Manager to purchase Bright Choice as the default electricity product for the City of Pleasanton's municipal accounts to save approximately $80,000 per year or $320,000 over the next four years.

Mayor Brown opened public comment. The following individuals provided comment:

Sharon Piekarski, Phil Bowman, Linda Kelly.

Mayor Brown closed public comment.

MOTION: It was m/s by Testa/Brown to add this item as part of the contingency menu of cuts for consideration if the revenue measure does not pass. Motion passed by the following vote:

Ayes: Councilmembers
Noes: None

Absent: None

14. Approve agreement between City of Pleasanton and Zone 7 Water Agency to perform Phase I Feasibility Review for the Regional Groundwater Facilities Project Recommendation:

1. Approve agreement between the City of Pleasanton and Zone 7 Water Agency to perform Phase I – Feasibility Review for the Regional Groundwater Facilities Project.

2. Authorize the City Manager to execute the agreement with Zone 7 for Phase 1, which includes provisions for Zone 7 to execute contracts with contractors and consultants to perform Phase I services with a combined not-to-exceed limit of $2,000,000 equally shared (50 percent/50 percent cost share) by the City and Zone 7. Contracts will be executed by Zone 7 only after approval from the Project Steering Committee, which includes Zone 7’s Water Resources Manager and General Manager and the City’s Director of Public Works and City Manager.

Tamara Baptista, Assistant Director of Public Works, Todd Yamello, Utilities Manager, and Colleen Wiley with Zone 7, presented the item.

Mayor Brown opened public comment. The following individuals provided comment: Jim Lehrman, Linda Kelly.

Mayor Brown closed the public comment.

City Council Minutes Page 7 of 8 June 18, 2024
MOTION: It was m/s byNibert/Balch to approve the item as recommended. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None

3. Adopt and waive second reading of Ordinance No. 2282 approving the Sixth Amendment to the Development Agreement for the Stoneridge Shopping Center, located a1008 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: Adopt and waive second reading of Ordinance No. 2282 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 Mayor Brown opened public comment. The following individuals provided comment:

Mark Pleis, Cecily Barclay, Kameron Klotz.

Mayor Brown closed the public comment.

The City Council requested an informational update in 6 months on the progress of the item.

MOTION: It was m/s by Brown/Testa to adopt the ordinance as recommended. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None

MATTERS INITIATED BY COUNCIL
Councilmember Arkin requested to begin a conversation regarding the available properties for housing projects originally in FY 25/26.

COUNCIL REPORTS
Councilmembers reported on local and regional meetings attended.

ADJOURNMENT
Mayor Brown adjourned the meeting at 11:12 p.m.

City Council Minutes Page 8 of 8 June 18, 2024
______________________
Jocelyn Kwong, City Clerk

City Council Minutes Page 1 of 1 July 16, 2024

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, July 16, 2024
5:00 PM

CALL TO ORDER/ROLL CALL
Mayor Brown called the closed session meeting of the City Council to order at the hour of 5:00 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.

PUBLIC COMMENT - Comment is limited to only those items on the agenda Mayor Brown
opened public comment. There being no speakers, Mayor Brown closed the public comment.

ADJOURN TO CLOSED SESSION

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION per Gov't Code section 54957(b):

Title: City Manager

2. CONFERENCE WITH LABOR NEGOTIATORS per Gov't Code section 54957.6:

Agency designated representatives: Xaviera Scoggins, Mary Egan (Municipal Resource Grouop)
Unrepresented employee: City Manager

ADJOURNMENT
Mayor Brown
adjourned the meeting at 6:40 p.m.
______________________
Jocelyn Kwong, City Clerk

City Council Minutes Page 1 of 10 July 16, 2024

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, July 16, 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 Nibert provided opening remarks.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown

Absent: None.

REPORT ON CLOSED SESSION
Assistant City Attorney Julie Harryman stated there was no reportable action.

AGENDA AMENDMENTS
The City Manager removed item 2 to a future meeting date to be determined.

CONSENT CALENDAR
Mayor Brown opened public comment. The following individuals provided comment:

Vicki LaBarge, Vipin, Tony Sarboraria, Satyesh Jaiswal, Puja Jaiswal, Sanket Patle, Sharon Piekarski.

Mayor Brown closed the public comment.

MOTION: It was m/s by Arkin/Testa to approve the consent calendar except for item 2 which was removed from the agenda and accepting revisions to item 1 as provided in supplemental material. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None
City Manager

1. Approve meeting minutes of May 21 and June 4, 2024

City Council Minutes Page 2 of 10 July 16, 2024
Recommendation: 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 Continued to future meeting.

3. Receive an update on the process and timeline to explore 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.

Community Development

4. Actions of the Zoning Administrator and Planning Commission Recommendation: 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
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 Ordinance No. 2283 approving Case PUD-18-07M, subject to conditions of approval.

Finance

6. Accept the 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.

Library and Recreation

City Council Minutes Page 3 of 10 July 16, 2024

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
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.

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
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.

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 Recommendation: Adopt Resolution No. 2024-050 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.

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
Recommendation: Adopt Resolution No. 2024-051 to authorize the submittal of an application for the U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance’s Patrick Leahy Bulletproof Vest Partnership (BVP) for up to $40,000 and authorize the City Manager to execute all documents, and appropriate funds in the Operations Grant Fund in FY 2024/25 and the FY26 - FY27 biennial budget.

Public Works

City Council Minutes Page 4 of 10 July 16, 2024

11. Adopt a resolution of Summary Vacation for Public Service Easement at 4035 Equus Court (Tract 6275 Lot 6)
Recommendation: Adopt Resolution No. 2024-052 of Summary Vacation for Public Service Easement at 4035 Equus Court (Tract 6275 Lot 6) based on the following recommendations:

1. The City Council is asked to summarily vacate a public service easement having found that the easement will be superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement (§8333(c)).

2. The City Council may vacate a 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.
b. That the vacation area is precisely described.
c. That the facts under which this summary vacation is made are as stated in this report.
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.
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.

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 Recommendation:

1. Approve the professional services agreement with Sequoia Ecological Consulting, Inc. in the amount of $137,834 for the Augustin Bernal Fuel Management project and authorize the City Manager to execute the agreement.

2. Authorize the Director of Public Works to execute amendments to the professional service agreement up to a not-to-exceed amount of $14,000 (approximately a 10 percent increase to the base agreement amount) for additional services if determined to be necessary as the environmental documentation is prepared.

3. Approve establishing a new project, Augustin Bernal Fuel Management Project, CIP 25783, and budget amendments appropriating $1,048,900 in grant revenue and corresponding $1,048,900 in project expenditure, all in

City Council Minutes Page 5 of 10 July 16, 2024
the Miscellaneous Capital Improvement Program Grants Fund.

13. Approve as-needed maintenance and trade services agreements for heating, ventilation, and air conditioning general maintenance infrastructure repairs with the option to extend two additional one-year extensions with satisfactory performance Recommendation: Approve and authorize the City Manager to execute four three- year as-needed maintenance service agreements for continued proactive HVAC maintenance and emergency repair services with the option for two additional one- year extensions with CPI increases based on 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 Recommendation: Approve and authorize the City Manager to execute a three- year maintenance service agreement with SCA of CA, LLC - Sweeping Corp of America (SCA) in the not-to-exceed amount of $1,341,437, inclusive of a 10 percent contingency for continued proactive street sweeping maintenance and emergency response services with the option to extend two additional one-year extensions with satisfactory performance with CPI increases. This recommendation is made to continue enhancing the effectiveness and efficiency of the City's travel surface maintenance program, address water quality requirements, and mitigate seasonal flooding occurances.

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
Recommendation:
• Approve the purchase of the Pierce Enforcer Light/Breathing Air Heavy-Duty Rescue Type 1 Fire Engine for LPFD;
• Authorize the City Manager to execute a Purchase Order with Golden State Fire Apparatus Inc., in the amount of $1,565,172, inclusive of approximately 10 percent contingency; and
• Approve a budget amendment to the Fire Apparatus Replacement Fund to appropriate $1,565,172 in expenditure for this purchase.

16. Approve the 2024 City Standard Specifications and Details Recommendation:

1. Approve the 2024 City Standard Specifications and Details dated and effective August 1, 2024, copies of which are on file in the Public Works Department.

City Council Minutes Page 6 of 10 July 16, 2024

2. Previous editions of the City Standards Specifications and Details are superseded, and the 2024 City Standard Specifications and Details shall apply to all projects.

3. Authorize the City Engineer, at their discretion, to continue using the 2016 City Standard Specifications and Details for existing projects currently under contract with the City.

17. Receive an update on Water System Activities
Recommendation: 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
Recommendation:

1. Accept the engineering report and adopt recommendations for the 35 percent design plans, including the road segment prioritizations for construction.

2. Authorize the City Manager to issue an amendment to the professional services agreement with Mark Thomas & Company, Inc., for a not-to-exceed amount of $2,249,371, an increase of the total contract amount from $524,145 to $2,773,516, to complete the 100 percent design and prepare biddable construction documents for the West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514.

MEETING OPEN TO THE PUBLIC

19. Presentation of a Proclamation recognizing July as Parks and Recreation Month Councilmember Nibert presented the proclamation to staff recipients from the Parks and Recreation department.

20. Presentation of a commendation recognizing Connor Lam Councilmember Nibert presented the City's commendation to recipient Connor Lam.

Councilmember Arkin presented the Alameda County Supervisor's commendation to recipient Connor Lam.

21. Public Comment regarding items not listed on the agenda – Speakers are limited to

City Council Minutes Page 7 of 10 July 16, 2024
3 minutes.

Mayor Brown opened public comment. The following individuals provided comment: Tila, Jason Hunter, Brian Jewell, Arvind Bhandari.

Mayor Brown closed the public comment.

PUBLIC HEARINGS AND OTHER MATTERS

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
Recommendation: Staff recommends the City Council place a Transactions and Use Tax (sales tax) measure on the November 2024 ballot, including approval of the following legislative actions:

1. Adopt Resolution No. 2024-053 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 that 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.

2. Approve an ordinance imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration.

3. Consider the filing of arguments related to the measure.

Presentation by Susan Hsieh, Finance Director.

Mayor Brown re-opened public comment on items not listed on the agenda due to ambiguity on speaker cards. The following individuals provided comment: Faith Kelly, Jana Schreiber, Patricia Beebe, Cheryl Robinson, Paul Pendly, Charles Henze.

Mayor Brown closed public comment for items not listed on the agenda.

Mayor Brown opened the public comment on item 22.

The following individuals provided comment: Matthew Gray, Craig Freeman, Regina Woeger, Jon Krueger, Chris Jesberg, Mohan Pattanaik.

Mayor Brown closed the public comment.

City Council Minutes Page 8 of 10 July 16, 2024
MOTION: It was m/s by Nibert/Testa to approve the item as recommended with a modification in the ballot question to substitute the word "prevent" with the word "minimize." The full ballot measure title and question will be as follows:

Yes PLEASANTON ESSENTIAL SERVICES PROTECTION MEASURE
To maintain city services and minimize cuts, such as police and fire protection; 911 emergency response; disaster preparedness; pedestrian safety; park maintenance; pothole repair and street maintenance; recreation programs; open space preservation; and other general government uses; shall the City of
Pleasanton’s measure to establish a half-cent sales tax, providing approximately $10,000,000 annually for 10 years, keeping all funds local, with annual audits, public spending disclosure, and oversight, be adopted?
No

Motion passed by the following vote:

Ayes: Councilmembers Arkin, Nibert, Testa, Mayor Brown
Noes: Councilmember Balch

Absent: None

Mayor Brown called a recess at 9:44 p.m. and reconvened at 9:55 p.m.

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 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
Recommendation:

1. Adopt Resolution No. 2024-054 adopting the CEQA Guidelines Section 15183 Consistency Checklist, prepared pursuant to the City of Pleasanton Housing Element Update Environmental Impact Report (FEIR), finding that the document satisfies all requirements of CEQA, and is adequate to serve as the environmental documentation for the proposed project, as the conditions described in CEQA Guidelines Sections 15183 have not occurred.

2. Adopt Resolution No. 2024-055 approving Annexation (P22-1089) and a Vesting Tentative Map (Tract 8522).

3. Find the proposed PUD Development Plan for PUD-147 is consistent with the

City Council Minutes Page 9 of 10 July 16, 2024
General Plan and PUD Zoning.

4. Introduce Ordinance No. 2284, and waive the first reading, making the PUD findings and approving a Planned Unit Development (PUD) development plan (PUD-147) to 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, subject to the DRAFT Conditions of Approval.

5. Introduce Ordinance No. 2285, and waive the first reading, approving a Pre- Annexation and Development Agreement (P24-0378).

6. Adopt Resolution No. 2024-056 approving the Affordable Housing Agreement.

Presentation by Eric Luchini, Senior Planner.

Mayor Brown opened public comment.

Jim Summers and Patrick Costanzo Jr., representing the project applicant, provided a presentation.

The following individuals provided comment: Sharon Piekarski, James Saidler, John Hall, T.J. McGrath, Holly.

Patrick Costanzo Jr., representing the project applicant, provided final comments.

Mayor Brown closed the public comment.

MOTION: It was m/s by Arkin/Testa to approve the item as recommended with the modifications to the Conditions of Approval and traffic plans as provided in supplemental material memoranda dated July 12, 2024 and which will be attached to the final ordinance. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None

MATTERS INITIATED BY COUNCIL
None.

COUNCIL REPORTS
Brief reports on conferences, seminars, and meetings attended by the Council City Councilmembers reported on regional and local meetings attended.

ADJOURNMENT
Mayor Brown adjourned the meeting at 11:45 p.m.

City Council Minutes Page 10 of 10 July 16, 2024
______________________
Jocelyn Kwong, City Clerk

Item #2

CITY COUNCIL AGENDA REPORT

August 20, 2024
City Manager

TITLE: APPROVE DESIGNATION OF VOTING DELEGATES FOR THE 2024

CALIFORNIA CITIES ANNUAL CONFERENCE

SUMMARY
The League of California Cities (Cal Cities) is hosting the Annual Conference of the General Assembly on October 16-18, 2024. At this meeting, membership considers and acts on resolutions that establish policy. To cast a vote during the General Assembly, the City Council must designate a voting delegate and alternate in advance of the conference.

RECOMMENDATION
Designate Councilmember Valerie Arkin as the City’s voting delegate and Councilmember Julie Testa as the alternate for the 2024 Cal Cities conference.

BACKGROUND
The League of California Cities (Cal Cities) engages in advocacy efforts to support local control in the state legislature and other forums, and through strategic outreach to the public, policymakers, and opinion leaders. Every year, Cal Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference where city officials can directly participate in the development of Cal Cities policy.

DISCUSSION
The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. To cast a vote during the General Assembly, the City Council must designate a voting delegate and alternate in advance of the conference.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is an administrative matter of City business.

OUTREACH
Not applicable, as this item is an administrative matter of City business.

STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is an administrative matter of City business.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Prepared by: Submitted by: Approved by:

Jocelyn Kwong, City Clerk Alexa Jeffress, Deputy City Manager

Gerry Beaudin, City
Manager

Attachments:

None

Item #3

CITY COUNCIL AGENDA REPORT

August 20, 2024
City Manager

TITLE: APPROVE APPOINTMENT OF THE 2024 ADVISORY BOARD FOR THE

DOWNTOWN PLEASANTON BUSINESS IMPROVEMENT DISTRICT

SUMMARY
State law requires the City Council to annually appoint an advisory board to the Downtown Pleasanton Business Improvement District (BID) to prepare the annual budget and report for determining the annual assessments to be levied on the businesses within the BID. The budget, report and assessments are determined on a calendar year basis and the assessments are collected annually along with the City business license fees. The next collection period will be the 2025 calendar year.

The Pleasanton Downtown Association (PDA) is the administrator of the BID on behalf of the City. At its July 16, 2024, board meeting, the PDA Board of Directors discussed and is recommending to the City Council the PDA Executive Committee serve as this year’s Advisory Board.

RECOMMENDATION
Approve appointment of the 2024 advisory board for the Downtown Pleasanton Business Improvement District to be composed of the PDA Executive Committee as follows:

President – Scott Larson, Restaurant Owner
President Elect – Angel Moore, Associate Member
Treasurer – Cathy Denham, Retail Owner
Secretary – Jesse Takens, Retail Owner
Past President – Randy Brown, Associate Member

BACKGROUND
Chapter 3, Section 36530 of the Parking and Business Improvement Area Law of 1989 requires the City Council to appoint an advisory board to prepare the annual budget with a report describing the downtown improvement district's initiatives and activities and the related funding sources. The City is currently working with Civitas Advisors to complete a report and feasibility study for future revisions to the assessment methodology, particularly exploring a property-based business improvement district. Anticipated by the end of 2024, this report will provide the status of the feasibility study and outline any initial recommended changes to the assessment methodology. In the interim, the current assessment methodology and process will remain in place for 2025.

DISCUSSION
The City Council’s appointment of the Advisory Board is the first step in a three-step process for establishing and levying the annual assessments in the Downtown Pleasanton Business Improvement District (BID). The Pleasanton Downtown Association (PDA) is the administrator

of the BID on behalf of the City. The members of the PDA Executive Committee are the proposed Advisory Board:

President – Scott Larson, Restaurant Owner
President Elect – Angel Moore, Associate Member
Treasurer – Cathy Denham, Retail Owner
Secretary – Jesse Takens, Retail Owner
Past President – Randy Brown, Associate Member

The second step is the submittal of an annual report and budget, and adoption of a resolution of intention to set a time for a public hearing on the levy of the proposed assessment for calendar year 2025. The final step of the process is to hold a public hearing and approve the final report and adoption of a resolution levying the Downtown Pleasanton Business Improvement District assessment for 2025.

The following is the proposed schedule of steps:
8/20/2024 Ratification and Appointment of 2024 Advisory Board 10/15/2024 Acceptance of the 2024 Annual Report and 2025 Budget and Adoption of Resolution of Intent to Levy Assessment for 2025 and Set Public Hearing for 11/19/2024
11/19/2024 Hold Public Hearing and Adoption of Resolution Levying the Pleasanton Downtown Business Improvement District Assessment for 2025

EQUITY AND SUSTAINABILITY
No outreach was conducted, as this item is a routine matter of City business.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Building a Community Where Everyone Belongs by ensuring the vibrancy of Pleasanton’s downtown as prioritized in the City's Economic Development Strategic Plan.

FISCAL IMPACT
The current agreement between the Downtown Pleasanton Business Improvement District and the City requires the City to match the annual assessments paid by businesses in the BID. In 2024, the City match from the General Fund is estimated to be approximately $80,000. While staff anticipates the 2025 annual assessments will similarly be around $80,000, the full amount of the City's matching funds will be considered based on future financial constraints. The current agreement expires on December 31, 2024; an updated agreement will be presented for the City Council's consideration in early 2025 in alignment with the feasibility study results.

In addition to the direct City contribution, the City provides a significant amount in indirect funding which includes staff time to administer the PDA assessments and contract, assistance and support for events, as well as the cost to facilitate street closures, maintain downtown planters, cleaning sidewalks, and garbage pickup.

Prepared by: Submitted by: Approved by:

Lisa Adamos, Economic
Development Manager
Pamela Ott, Assistant City Manager

Gerry Beaudin, City
Manager

Attachments:

None

Item #4

CITY COUNCIL AGENDA REPORT

August 20, 2024
City Manager

TITLE: CONTINUED FROM JULY 16, 2024 - 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.

Adequate staffing of the City's waste and recycling program is essential to assure compliance with state laws, including SB 1383. The penalty for non-compliance with SB1383 could result in fines that range from $500-$10,000 per day. If CalRecycle (the State Department of Resources Recycling and Recovery) finds a jurisdiction in violation of the regulations, pursuant to Title 14, CCR, Article 16 section 18997.3, CalRecycle shall impose penalties administratively as follows:

Minor violation $500 to $4,000 per violation per day
Moderate violation $4,000 to $7,500 per violation per day Major violation $7,500 to $10,000 per violation per day

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 August 20, 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 20th day of August 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 #5

CITY COUNCIL AGENDA REPORT

August 20, 2024
City Manager

TITLE: APPROVE TRANSFER OWNERSHIP OF THE AMADOR THEATER TO THE

PLEASANTON UNIFIED SCHOOL DISTRICT

SUMMARY
The City has owned the Amador Theater, located on the Amador Valley High School campus, since 1988. During this time, the City has provided the Pleasanton Unified School District (the District) with free access to the facility to support school needs and also provided rental access to community groups. The theater is in need of major renovations, and PUSD recently passed a bond measure to fund the work. The District intends to expand the use of the theater, and the City intends to focus its resources and efforts on the Firehouse Arts Center. Therefore, staff recommends transferring ownership of the theater to the District, per the terms of the 1988 agreement.

RECOMMENDATION
Approve transfer ownership of the Amador Theater to the Pleasanton Unified School District.

BACKGROUND
On January 19, 1988, the Pleasanton Unified School District (the District) and the City entered into an Agreement to Convey the Amador Theater to the City (the Agreement) as a benefit to the community (Attachment 1). Under the Agreement, the District retained a right to repurchase the Amador Theater (the Theater) for $100 "if the City should ever cease management and operation of a City theater on the property" or fifty years from the date of the agreement (2038), whichever comes first. The deed to the Amador Theater was granted to the City from the District on April 21, 1988 (Attachment 2 – Exhibit A).

Since that time, the District has received 60 days of rent-free use of the Theater each year and the City has programmed the remaining days through both in-house programs and rentals.

As part of the Agreement, the City was responsible for ongoing facility repair and maintenance, fire insurance, liability insurance, and custodial services. The District was responsible for maintaining the exterior grounds (hardscaped and landscaped areas); providing liability insurance to cover the theater, exterior grounds and parking; and reimbursing the City 50 percent of the annual cost for utilities including gas, electricity, sewer, water and trash.

Currently, the upper balcony is not used due to fire access issues, limiting the use of the theater. Additionally, a facility assessment, conducted in April of 2022, showed the need for extensive repairs and renovations of the theater (Attachment 3).

With the passing of the Measure I infrastructure bond, the District has shown interest in repurchasing the property for $100 prior to the end of the 50-year agreement in 2038, per the Agreement. The District intends to complete the renovations and expand the uses at the

Theater. This timing and interest aligns with the City's interest in streamlining its programming and focusing the City's resources and funding on the Firehouse Arts Center, a City-owned resource.

DISCUSSION
With Measure I funding, the District plans to build a modern theater facility that will allow the expansion of theater programs in the district and also support community rentals, benefiting the overall community.

In light of the City’s current financial situation, transferring ownership of the theater benefits the City by lowering facility maintenance, utility, janitorial, staffing, and equipment costs for this facility. This transfer also allows staff to focus on enlivening the Firehouse Arts Center, by focusing on just one performing arts venue.

EQUITY AND SUSTAINABILITY
Transfer of the Amador Theater promotes the expansion and sustainability of community theater programming, which provides opportunities for local artists, patrons, and residents to participate in and enjoy the theater arts. Streamlining resources and focusing on enlivening the Firehouse Arts Center allows the City to continue to provide a broad array of cultural events and programs that benefit Pleasanton's diverse community.

OUTREACH
The District included the renovation of this theater in the materials for the Measure I bond, which were shared with the public.

STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton Citywide Strategic Plan objective 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.

FISCAL IMPACT
Per the 1988 agreement, the District has the right to purchase the theater for $100. While the full cost savings are not known at this time, staff estimate a savings of approximately $67,000 per year by no longer paying for the maintenance and utilities at this facility. Additionally, staff expects to save approximately $6,000 on temporary staff expenses annually by no longer staffing this theater.

Prepared by: Submitted by: Approved by:

Heidi Murphy, Director of
Library and Recreation
Alexa Jeffress, Deputy City Manager

Gerry Beaudin, City
Manager

Attachments:

1. Agreement to Convey Amador Theater to City

2. Draft Agreement to Transfer Amador Theater

3. Amador Theater Facility Assessment

1 AMADOR THEATER TRANSFER AGREEMENT

BETWEEN

PLEASANTON UNIFIED SCHOOL DISTRICT
AND

CITY OF PLEASANTON

This Amador Theater Transfer Agreement (“Agreement”) is entered into by and between the Pleasanton Unified School District, a public school district organized and existing under the laws of the State of California (“District”) and the City of Pleasanton, a municipal corporation existing under the law of the State of California (“City”). The District and City may each be referred to individually as “Party” and together as the “Parties” in this Agreement.

RECITALS

WHEREAS, on January 19, 1988, the City of Pleasanton and the Amador Valley Joint Union High School District (the “AVJUHSD”) entered into an Agreement to Convey Amador Theater to the City Including Terms and Conditions Regulating the Management and Use (the “1988 Agreement”) whereby the AVJUHSD conveyed by grant deed, see Exhibit A, the Amador Theater property located on the campus of Amador Valley High School at 1155 Santa Rita Road, Pleasanton to the City; and

WHEREAS, the 1988 grant deed attached as Exhibit A was subject to the terms and conditions set forth in the 1988 Agreement; and

WHEREAS, the District is the successor to the Amador Valley Joint Union High School District; and

WHEREAS, the 1988 Agreement, in Section 1.c. provides that: “The District shall have and retain the right to repurchase the Property for $100.00 if the City shall ever cease management and operation of a City theater on the Property or fifty years from the date of this Agreement, whichever comes first.”; and

WHEREAS, the District wishes to have the Amador Theater returned to the District; and

WHEREAS, District and City agree to cooperate for advance notice to the City if the Amador Theater is decommissioned so that any community theater events can be timely discontinued, and the City can remove personal property and equipment from the Amador Theater.

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:

2 AGREEMENT

1. Reconveyance. The City shall reconvey to the District the Amador Theater property described in Exhibit A (the “Property”) by Grant Deed subject to reservation of the existing access and utility easements as described in Exhibit A.

2. Consideration. The District shall pay the City One Hundred Dollars ($100.00) for the reconveyance of the Property (the “Cash Payment”).

a. The Property shall not include those personal property items or improvements installed by the City which the City removes pursuant to Section 6, below.

3. Reconveyance of Title.

a. The City shall take all actions necessary to convey the Property to the District no later than September 1, 2024.

b. The District will pay the Cash Payment for the Property to the City within ten (10) days of the Effective Date of this Agreement.

c. At the discretion of the District, reconveyance may occur by escrow through a title company selected by the District.

i. If the District elects to have the reconveyance occur through escrow established by a title company, the District and the City shall jointly prepare escrow instructions.

1. The District shall be responsible for the cost of title insurance and title report costs. The Parties shall equally split the cost of any recording fees and escrow fees.

4. Reconveyance of Property in As-Is Condition; Representations and Warranties. Except as stated in this Section 4, the District and the City agree that the reconveyance of the Property shall be in an as-is condition, subject to the City’s removal of City property as provided in Section 6, below. The City represents and warrants that, to the best of its knowledge and except as disclosed to the District in writing:
a. City has made no written commitments or agreements materially and adversely affecting the Property, or any part thereof, or any interest therein, that will survive the conveyance of the Property to the District.
b. As of the Effective Date, there are no mechanics’, materialmen’s, or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced for the City or on the City’s behalf. c. As of the Effective Date, there are not any written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights or interests of any nature in and to the Property and no persons shall have any right of possession to the Property as of the conveyance to the District.

3 d. City has not, and will not prior to conveyance to the District, entered into any lien, encumbrance, easement or license agreement, or any other agreement permitting others to use the Property, or any portion thereof, or convey any part of the Property. e. Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the District violates or shall violate any contract, agreement, or instrument to which City is a party.
f. There are no claims, proceedings, initiatives, referenda, moratoria, resolutions, governmental investigations or litigations pending or, to the best of City’s knowledge, threatened against the City, which affect the Property or the City’s ability to convey the Property to the District.
g. During City’s ownership of the Property, there has been no production, storage, or disposal on the Property of any Hazardous Materials and Hazardous Materials have not been dumped, buried, leaked, or otherwise released upon, in or under the Property or otherwise released upon, in or under the Property. City has complied with all laws, regulations, and ordinances relating to the use of all Hazardous Materials used on the Property. There is no proceeding or inquiry by any federal, state or local governmental agency with respect to the use, production, storage, release or migration of Hazardous Material on, through or across the Property, and there is no contamination of Hazardous Materials on, at, about, or within the Property. For purposes of this section, “Hazardous Material” means any hazardous or toxic substance, material or waste that is: (i) regulated by any governmental authority, the State of California or the United States; (ii) defined as an “acutely hazardous waste,” “extremely hazardous waste,” “hazardous waste,” or “waste” under Sections 25110.02, 25115, 25117, or 25124 of the California Health and Safety Code, or listed pursuant to Sections 25141 and 25141.5 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code Division 20 Chapter

6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Chapter 10 Division 4.5 of Title 22 or defined as hazardous or extremely hazardous pursuant to Division 21.5 of Title 26 of the California Code of Regulations; (viii) designated as a “hazardous waste” pursuant to Section 6903 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; (ix) defined as a “hazardous substance” pursuant to Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.

Section 9601 et seq.; (x) any flammable substances or explosives; or (xi) any radioactive material.
h. City is not in default of any of its obligations or liabilities pertaining to the Property, nor are there any existing facts, circumstances, conditions, or events that would constitute or result in any default on the giving of notice, the passage of time, or both. i. The City has not received written notice from any governmental agency that the Property is in violation of any statute or regulation.

4 City shall indemnify, defend, and hold harmless the District and its Board and members thereof, employees, agents, and representatives, from and against any claims for damages resulting from the inaccuracy of any of the above representations.

5. Covenants. The City covenants that it shall not permit any new liens, encumbrances, or easements to be placed on the Property; nor shall the City enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on the District or the Property after reconveyance.

6. Scheduling and Removal of City Property.

a. In recognition of the City’s advance scheduling of theater events, the District agrees to continue to allow City to use the property until August 31, 2024.

b. The City may store its personal property and equipment on the Property as outlined in Exhibit B. However, upon 60 days advance notice by District, City shall remove such personal property and equipment.

c. The Parties agree to cooperate to allow the City, its contractors and agents, entry onto the Property and into Amador Theater to remove City personal property, equipment, and improvements that the City installed at the Amador Theater.

7. Notice. All notices and other communications shall be addressed as follows:

District: Pleasanton Unified School District
5758 W. Las Positas Blvd.

Pleasanton, CA 94588
Attn: Superintendent

City: City of Pleasanton
123 Main Street
P. O. Box 520
Pleasanton, CA 94566
Attn: City Manager

8. Governing Law; Venue. This Agreement shall be governed by and interpreted under the laws of the State of California, with venue being the Superior Court of the State of California for Alameda County.

9. Successors and Assigns. The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the successors and permitted assigns of the respective Parties; provided, however, that neither Party shall have the right to assign its rights or obligations under this Agreement without express written approval of the other Party.

5 10. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement. Electronic signature pages transmitted to other Parties to this Agreement shall be deemed equivalent to original signatures on counterparts.

11. Warranty of Authority. Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the Party indicated, and each of the Parties by signing this Agreement warrants and represents that such Party is legally authorized and entitled to enter into this Agreement.

12. Time is of Essence. Time is of essence in this Agreement.

13. Effective Date. The “Effective Date” of this Agreement shall be the date of execution in full by the Parties.

14. 1988 Agreement. In the event of any conflict between this Agreement and the 1988 Agreement, this Agreement shall control.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the latest date written below.

CITY OF PLEASANTON PLEASANTON UNIFIED SCHOOL

DISTRICT

_______________________________ _______________________________ Gerry Beaudin, City Manager By:

Date: Title:

Date:

Attest:

_______________________________
Jocelyn Kwong, City Clerk

Approved as to Form:

_______________________________
Daniel G. Sodergren, City Attorney

Recorded dttherequestof
C~T~ OF PLEASANT~0N ..........

Return to
City AttorneY ............

P. O. Box 520
Pleasanton CA 94566
Escrow No ....................
iRF,~
i-: C. DAVIDSON, CountyRecorder
Aa
APR gl 1988
8-- c--~5274
Grant Deed ( Corporation)
For value received AMADOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT GRANT ~_.. to CITY OF PLEASANTON, a municipal corporation, all that real property situate in the
County of Alameda, State of California, described as follows:

See Exhibit A, attached hereto and incorporated herein by reference.
this
None
DOCUMENTARY TRANSFER TAX $ .........

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR

COMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES

REMAINING THEREON AT TIME OF SALE,
IN WITNESS WHEREOF, said corporation h.asexecuted these presents by its officers thereunto duly authorized, this ~ r.. day of. -~ .............. 19

FOR NOTARY SEAL OR STAMP

BEVER'LY M ANGEVIN
A~ F~A C~' J:~
COUNTY OF ...........

On. ~ ~, /-~ g~ before me. the undersigned, a Notary Pu ic in and for ~ a' County and State, t:'~-~/ Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by- laws or a resolution of its board of Signature '~ : ~ Notary Public in~nd
for said Countl~and State
Northwestern Title Company of Alameda County

EXHIBIT A - GRANT DEED

095274

EXHIBIT A
A. P. No. 946- 3367-4- 3)
That portion of the City of Pleasanton, County of Alameda,State of California, described as follow:

Commmencing at the monument at the intersection of Santa RitaRoad and Black Avenue, as shown on Parcel Map No. 2764 recorded in Book 107, Page 8 of Maps, in the office of the County Recorder of said County; thence, along the centrelineof said Santa Rita Road S. 08 06' 07" W., 1, 577.93 feet to a point from whence a monument at the intersection of saidSanta Rita Road and Stanley Boulevard bears S. 08 06' 07" W.,681. 62 feet; thence, leaving said centerline of Santa RitaRoad N. 81 53' 53" W., 39. 00 feet to the westerly line of saidSanta Rita Road, hereinafter referred to a Point A; thence,continuing N. 81 53' 53" W., 268. 31 feet; thence, N. 08 06' 07" E.,39. 00 feet; thence, S. 81 53' 53" E., 7. 44 feet to the POINT OFBEGINNING of this description; thence, along a line betweenthe existing auditorium and gymnasium N. 08 06' 07" E.,110. 00 feet; thence, leaving said line S. 81 53' 53" E.,41. 00 feet; thence, S. 08 06' 07" W., 8.~0 feet; thence,S. 81 53' 53" E., 6. 00 feet; thence, S. 08 06'07" W., 32. 00 feet; thence, $. 81 53' 53" E., 55. 50 feet; thence,N. 08 06' 07" E., 6. 00 feet; thence, S. 81 53'53" E., 24. 75 feet; thence, N. 08 06'07" E., 10. 00 feet; thence,S. 81 53' 53" E., 29. 25 feet; thence, S. 08 06' 07" W., 102. 00 feet; thence, N. 81 53' 53" W., 29. 25 feet; thence,N. 08 06' 07" E., 10. 00 feet; thence, N. 81 53' 53" W., 24. 75 feet; thence, N. 08 06' 07" E., 6. 00 feet; thence,N. 81 53' 53" W., 102. 50 feet to the point of beginning.

Containing an area of 14, 020
less. square feet ( 0. 32 acre) more or
Together with an access and utility easement described as follows:

BEGINNING at the above- described Point A; thence,N. 81 53'53" W., 268. 31 feet; thence, N. 08 06' 07" E.,39. 00 feet; thence, S. 81 53' 53" E., 109. 94 feet; thence,S. 08 06'07" W., 6. 00 feet; thence, S. 81 53'53" E., 24. 75feet; thence, S. 08 06' 07" W., 10.00 feet; thence,S. 81 53' 53" E., 29. 25 feet; thence, N. 08 06' 07" E., 102. 00 feet; thence, N. 81 53' 53" W., 29. 25 feet; thence,S. 08 06'07" W., 10. 00 feet; thence, N. 81 53' 53" W., 24. 75feet; thence, S. 08 06' 07" W., 6. 00 feet; thence,N. 81 53'53" W., 55. 50 feet; thence, N. 08 06' 07" E., 32. 00 feet; thence, N. 81 53' 53" W., 6. 00 feet; thence,

095274
N. 08 06' 00" E., 8. 00 feet; thence, N. 81 53' 53" W., 41. 00 feet; thence, N. 08 06' 07" E., 7. 93 feet; thence,
S. 81 53' 53" E., 260. 86 feet to said westerly line of Santa Rita Road; thence, along said line $. 08 06' 07" W., 156. 93 feet to the point of beginning.

Containing an area of 27, 209 square feet ( 0. 62 acre) more or less.

Subject to the terms and conditions set forth in the " Agreement to Convey Amador Theater to City Including Terms and Conditions Regulating Management and Use", attached hereto as Exhibit B.

RV/ AVT2

7/31/2024

EXHIBIT B - AMADOR THEATER EQUIPMENT LIST

1. PRIOR TO SEPTEMBER 1, 2024

Items the City will remove prior to September 1, 2024
• Entire shop area and office area
• Dumpster rental
• Dressing room
• Chairs – 6 red padded chairs in lobby, black folding chairs in Shop, all office chairs • Box office – all supplies, including ticket printer and computer • Janitorial supplies
• Booster seats
• 4x8 Platforms
• Change/Remove all locks on all doors. 30-40 in total - Upon removal, PUSD will need to have a locksmith ready to install new cylinders on all locks

Items the City would leave in the space:
• Speakers (hanging)
• Sound board
• Light board
• Lights that are installed
• Baby grand piano and downstairs piano
• Sound shells
• Music stands
• Choral risers
• Chairs – all theater seats including the red handicap seats, all grey stacking chairs on stage
• Tables
• Projector
• Microphones - 3 w/3 stands & 3 50 ft cables
• Floor mics - 4
• Stage monitors

2. BEFORE DEMOLITION

Items City will remove
• Hire someone to move the piano in the pit
• All 3 sets of the front doors
• Speakers (hanging)
• Sound board
• Light board
• Lights that are installed (TBD)
• Projector
• Microphones - 3 w/3 stands & 3 50 ft cables

1 AMADOR THEATER TRANSFER AGREEMENT

BETWEEN

PLEASANTON UNIFIED SCHOOL DISTRICT
AND

CITY OF PLEASANTON
Th
is Amador Theater Transfer Agreement (“Agreement”) is entered into by and between the Pleasanton Unified School District, a public school district organized and existing under the laws of the State of California (“District”) and the City of Pleasanton, a municipal corporation existing under the law of the State of California (“City”). The District and City may each be referred to individually as “Party” and together as the “Parties” in this Agreement.

RE
CITALS
W
HEREAS, on January 19, 1988, the City of Pleasanton and the Amador Valley Joint Union High School District (the “AVJUHSD”) entered into an Agreement to Convey Amador Theater to the City Including Terms and Conditions Regulating the Management and Use (the “1988 Agreement”) whereby the AVJUHSD conveyed by grant deed, see Exhibit A, the Amador Theater property located on the campus of Amador Valley High School at 1155 Santa Rita Road, Pleasanton to the City; and
W
HEREAS, the 1988 grant deed attached as Exhibit A was subject to the terms and conditions set forth in the 1988 Agreement; and
W
HEREAS, the District is the successor to the Amador Valley Joint Union High School District; and
W
HEREAS, the 1988 Agreement, in Section 1.c. provides that: “The District shall have and retain the right to repurchase the Property for $100.00 if the City shall ever cease management and operation of a City theater on the Property or fifty years from the date of this Agreement, whichever comes first.”; and
W
HEREAS, the District wishes to have the Amador Theater returned to the District; and W
HEREAS, District and City agree to cooperate for advance notice to the City if the Amador Theater is decommissioned so that any community theater events can be timely discontinued, and the City can remove personal property and equipment from the Amador Theater.

NO
W, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:

ATTACHMENT 2

2 AGREEMENT

1. Reconveyance. The City shall reconvey to the District the Amador Theater property described in Exhibit A (the “Property”) by Grant Deed subject to reservation of the existing access and utility easements as described in Exhibit A.

2. Consideration. The District shall pay the City One Hundred Dollars ($100.00) for the reconveyance of the Property (the “Cash Payment”).

a. The Property shall not include those personal property items or improvements installed by the City which the City removes pursuant to Section 6, below.

3. Reconveyance of Title.

a. The City shall take all actions necessary to convey the Property to the District no later than September 1, 2024.

b. The District will pay the Cash Payment for the Property to the City within ten (10) days of the Effective Date of this Agreement.

c. At the discretion of the District, reconveyance may occur by escrow through a title company selected by the District.

i. If the District elects to have the reconveyance occur through escrow established by a title company, the District and the City shall jointly prepare escrow instructions.

1. The District shall be responsible for the cost of title insurance and title report costs. The Parties shall equally split the cost of any recording fees and escrow fees.

4. Reconveyance of Property in As-Is Condition; Representations and Warranties. Except as stated in this Section 4, the District and the City agree that the reconveyance of the Property shall be in an as-is condition, subject to the City’s removal of City property as provided in Section 6, below. The City represents and warrants that, to the best of its knowledge and except as disclosed to the District in writing:
a. City has made no written commitments or agreements materially and adversely affecting the Property, or any part thereof, or any interest therein, that will survive the conveyance of the Property to the District.
b. As of the Effective Date, there are no mechanics’, materialmen’s, or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced for the City or on the City’s behalf. c. As of the Effective Date, there are not any written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights or interests of any nature in and to the Property and no persons shall have any right of possession to the Property as of the conveyance to the District.

3 d. City has not, and will not prior to conveyance to the District, entered into any lien, encumbrance, easement or license agreement, or any other agreement permitting others to use the Property, or any portion thereof, or convey any part of the Property. e. Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the District violates or shall violate any contract, agreement, or instrument to which City is a party.
f. There are no claims, proceedings, initiatives, referenda, moratoria, resolutions, governmental investigations or litigations pending or, to the best of City’s knowledge, threatened against the City, which affect the Property or the City’s ability to convey the Property to the District.
g. During City’s ownership of the Property, there has been no production, storage, or disposal on the Property of any Hazardous Materials and Hazardous Materials have not been dumped, buried, leaked, or otherwise released upon, in or under the Property or otherwise released upon, in or under the Property. City has complied with all laws, regulations, and ordinances relating to the use of all Hazardous Materials used on the Property. There is no proceeding or inquiry by any federal, state or local governmental agency with respect to the use, production, storage, release or migration of Hazardous Material on, through or across the Property, and there is no contamination of Hazardous Materials on, at, about, or within the Property. For purposes of this section, “Hazardous Material” means any hazardous or toxic substance, material or waste that is: (i) regulated by any governmental authority, the State of California or the United States; (ii) defined as an “acutely hazardous waste,” “extremely hazardous waste,” “hazardous waste,” or “waste” under Sections 25110.02, 25115, 25117, or 25124 of the California Health and Safety Code, or listed pursuant to Sections 25141 and 25141.5 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code Division 20 Chapter

6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Chapter 10 Division 4.5 of Title 22 or defined as hazardous or extremely hazardous pursuant to Division 21.5 of Title 26 of the California Code of Regulations; (viii) designated as a “hazardous waste” pursuant to Section 6903 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; (ix) defined as a “hazardous substance” pursuant to Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.

Section 9601 et seq.; (x) any flammable substances or explosives; or (xi) any radioactive material.
h. City is not in default of any of its obligations or liabilities pertaining to the Property, nor are there any existing facts, circumstances, conditions, or events that would constitute or result in any default on the giving of notice, the passage of time, or both. i. The City has not received written notice from any governmental agency that the Property is in violation of any statute or regulation.

4 City shall indemnify, defend, and hold harmless the District and its Board and members thereof, employees, agents, and representatives, from and against any claims for damages resulting from the inaccuracy of any of the above representations.

5. Covenants. The City covenants that it shall not permit any new liens, encumbrances, or easements to be placed on the Property; nor shall the City enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on the District or the Property after reconveyance.

6. Scheduling and Removal of City Property.

a. In recognition of the City’s advance scheduling of theater events, the District agrees to continue to allow City to use the property until August 31, 2024.

b. The City may store its personal property and equipment on the Property as outlined in Exhibit B. However, upon 60 days advance notice by District, City shall remove such personal property and equipment.

c. The Parties agree to cooperate to allow the City, its contractors and agents, entry onto the Property and into Amador Theater to remove City personal property, equipment, and improvements that the City installed at the Amador Theater.

7. Notice. All notices and other communications shall be addressed as follows:

District: Pleasanton Unified School District
5758 W. Las Positas Blvd.

Pleasanton, CA 94588
Attn: Superintendent

City: City of Pleasanton
123 Main Street
P. O. Box 520
Pleasanton, CA 94566
Attn: City Manager

8. Governing Law; Venue. This Agreement shall be governed by and interpreted under the laws of the State of California, with venue being the Superior Court of the State of California for Alameda County.

9. Successors and Assigns. The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the successors and permitted assigns of the respective Parties; provided, however, that neither Party shall have the right to assign its rights or obligations under this Agreement without express written approval of the other Party.

5 10. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement. Electronic signature pages transmitted to other Parties to this Agreement shall be deemed equivalent to original signatures on counterparts.

11. Warranty of Authority. Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the Party indicated, and each of the Parties by signing this Agreement warrants and represents that such Party is legally authorized and entitled to enter into this Agreement.

12. Time is of Essence. Time is of essence in this Agreement.

13. Effective Date. The “Effective Date” of this Agreement shall be the date of execution in full by the Parties.

14. 1988 Agreement. In the event of any conflict between this Agreement and the 1988 Agreement, this Agreement shall control.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the latest date written below.

CITY OF PLEASANTON PLEASANTON UNIFIED SCHOOL

DISTRICT

_______________________________ _______________________________ Gerry Beaudin, City Manager By:

Date: Title:

Date:

Attest:

_______________________________
Jocelyn Kwong, City Clerk

Approved as to Form:

_______________________________
Daniel G. Sodergren, City Attorney

Recorded dttherequestof
C~T~ OF PLEASANT~0N ..........

Return to
City AttorneY ............

P. O. Box 520
Pleasanton CA 94566
Escrow No ....................
iRF,~
i-: C. DAVIDSON, CountyRecorder
Aa
APR gl 1988
8-- c--~5274
Grant Deed ( Corporation)
For value received AMADOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT GRANT ~_.. to CITY OF PLEASANTON, a municipal corporation, all that real property situate in the
County of Alameda, State of California, described as follows:

See Exhibit A, attached hereto and incorporated herein by reference.
this
None
DOCUMENTARY TRANSFER TAX $ .........

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR

COMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES

REMAINING THEREON AT TIME OF SALE,
IN WITNESS WHEREOF, said corporation h.asexecuted these presents by its officers thereunto duly authorized, this ~ r.. day of. -~ .............. 19

FOR NOTARY SEAL OR STAMP

BEVER'LY M ANGEVIN
A~ F~A C~' J:~
COUNTY OF ...........

On. ~ ~, /-~ g~ before me. the undersigned, a Notary Pu ic in and for ~ a' County and State, t:'~-~/ Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by- laws or a resolution of its board of Signature '~ : ~ Notary Public in~nd
for said Countl~and State
Northwestern Title Company of Alameda County

EXHIBIT A - GRANT DEED

095274

EXHIBIT A
A. P. No. 946- 3367-4- 3)
That portion of the City of Pleasanton, County of Alameda,State of California, described as follow:

Commmencing at the monument at the intersection of Santa RitaRoad and Black Avenue, as shown on Parcel Map No. 2764 recorded in Book 107, Page 8 of Maps, in the office of the County Recorder of said County; thence, along the centrelineof said Santa Rita Road S. 08 06' 07" W., 1, 577.93 feet to a point from whence a monument at the intersection of saidSanta Rita Road and Stanley Boulevard bears S. 08 06' 07" W.,681. 62 feet; thence, leaving said centerline of Santa RitaRoad N. 81 53' 53" W., 39. 00 feet to the westerly line of saidSanta Rita Road, hereinafter referred to a Point A; thence,continuing N. 81 53' 53" W., 268. 31 feet; thence, N. 08 06' 07" E.,39. 00 feet; thence, S. 81 53' 53" E., 7. 44 feet to the POINT OFBEGINNING of this description; thence, along a line betweenthe existing auditorium and gymnasium N. 08 06' 07" E.,110. 00 feet; thence, leaving said line S. 81 53' 53" E.,41. 00 feet; thence, S. 08 06' 07" W., 8.~0 feet; thence,S. 81 53' 53" E., 6. 00 feet; thence, S. 08 06'07" W., 32. 00 feet; thence, $. 81 53' 53" E., 55. 50 feet; thence,N. 08 06' 07" E., 6. 00 feet; thence, S. 81 53'53" E., 24. 75 feet; thence, N. 08 06'07" E., 10. 00 feet; thence,S. 81 53' 53" E., 29. 25 feet; thence, S. 08 06' 07" W., 102. 00 feet; thence, N. 81 53' 53" W., 29. 25 feet; thence,N. 08 06' 07" E., 10. 00 feet; thence, N. 81 53' 53" W., 24. 75 feet; thence, N. 08 06' 07" E., 6. 00 feet; thence,N. 81 53' 53" W., 102. 50 feet to the point of beginning.

Containing an area of 14, 020
less. square feet ( 0. 32 acre) more or
Together with an access and utility easement described as follows:

BEGINNING at the above- described Point A; thence,N. 81 53'53" W., 268. 31 feet; thence, N. 08 06' 07" E.,39. 00 feet; thence, S. 81 53' 53" E., 109. 94 feet; thence,S. 08 06'07" W., 6. 00 feet; thence, S. 81 53'53" E., 24. 75feet; thence, S. 08 06' 07" W., 10.00 feet; thence,S. 81 53' 53" E., 29. 25 feet; thence, N. 08 06' 07" E., 102. 00 feet; thence, N. 81 53' 53" W., 29. 25 feet; thence,S. 08 06'07" W., 10. 00 feet; thence, N. 81 53' 53" W., 24. 75feet; thence, S. 08 06' 07" W., 6. 00 feet; thence,N. 81 53'53" W., 55. 50 feet; thence, N. 08 06' 07" E., 32. 00 feet; thence, N. 81 53' 53" W., 6. 00 feet; thence,

095274
N. 08 06' 00" E., 8. 00 feet; thence, N. 81 53' 53" W., 41. 00 feet; thence, N. 08 06' 07" E., 7. 93 feet; thence,
S. 81 53' 53" E., 260. 86 feet to said westerly line of Santa Rita Road; thence, along said line $. 08 06' 07" W., 156. 93 feet to the point of beginning.

Containing an area of 27, 209 square feet ( 0. 62 acre) more or less.

Subject to the terms and conditions set forth in the " Agreement to Convey Amador Theater to City Including Terms and Conditions Regulating Management and Use", attached hereto as Exhibit B.

RV/ AVT2

EXHIBIT B - AMADOR THEATER EQUIPMENT LIST

1. PRIOR TO SEPTEMBER 1, 2024

Items the City will remove prior to September 1, 2024
• Entire shop area and office area
• Dumpster rental
• Dressing room
• Chairs – 6 red padded chairs in lobby, black folding chairs in Shop, all office chairs • Box office – all supplies, including ticket printer and computer • Janitorial supplies
• Booster seats
• 4x8 Platforms
• Change/Remove all locks on all doors. 30-40 in total - Upon removal, PUSD will need to have a locksmith ready to install new cylinders on all locks

Items the City would leave in the space:
• Speakers (hanging)
• Soundboard
• Lightboard
• Lights that are installed
• Grand Piano and downstairs piano
• Sound shells
• Music stands
• Choral risers
• Chairs – all theater seats including the red handicap seats, all grey stacking chairs on stage
• Tables
• Projector / Screen / Roland HDMI video switcher
• Microphones - (2/SM58, 2/SM57, 2/Boom Stands, 2/Straight Stands) • Wireless Mics – 2 Shure
• Floor mics – 4
• Stage monitors - 4

2. BEFORE DEMOLITION

Items City will remove
• Hire someone to move the piano in the pit
• All 3 sets of the front doors
• Speakers (hanging)
• Soundboard
• Lightboard
• Lights that are installed (TBD)
• Projector / Screen / Roland HDMI video switcher
• Microphones - 3 w/3 stands & 3 50 ft cables (2/SM58, 2/SM57, 2/Boom Stands, 2/Straight Stands)
• Wireless Mics – 2 Shure

1 | Page City of Pleasanton Amador Theater programmatic Rehab vs. Build cost comparison 2018-024-02 C
ity of Pleasanton Amador Theater Programmatic
Rehabilitation vs. Build Cost Analysis
Executive summary
The City of Pleasanton is exploring the feasibility of returning ownership of the Amador Theater to the Amador Valley School District. The primary intent is to determine the general cost of rehabilitation in comparison to a new facility with a similar program. Both scenarios would include solutions for the need for removing existing accessibility barriers and improvements to egress, such as a larger lobby that better matches the seating capacity.

Rehabilitation of the existing facility $17,403,319
New Construction with similar program: $21,067,500
Brief
Interactive Resources was tasked with providing a facility assessment and estimates to inform this goal. The planned task was to provide a facility condition assessment which would be based on existing drawings (if available) from the Division of State Architect (DSA) records.

A site visit was made on 11/16/21 with the interactive resources team: architect, structural engineer, and mechanical engineer. Interviews were conducted with city staff and the facility was inspected.

The second part was to involve the DSA in providing records for the building if possible and establish the type of regulatory compliance for the facility. It was hoped that improvements in record keeping and digital records would have possibly changed the likelihood of successfully showing hidden existing conditions and being able to establish an original DSA project number.

Our research seems to confirm that the DSA records for the theater were lost in a warehouse fire pre- 1988, and many further attempts by the DSA to locate other records for the building have been unsuccessful. We have exhausted all existing leads including neighboring building submissions and former architects involved in improvements. We are currently required to proceed with the building considered as “new” under CAC 4-307 and DSA IR EB-4 only refers to certified buildings. This also reinforces the current trend by the California DSA.

The extensive communications with the DSA and resulting determination that the building be treated as a new building application changed the nature of the investigation and structural compliance significantly. In response to this, the team was asked by the city to provide assessment information sufficient for a general square footage estimate for both scenarios.

ATTACHMENT 3

2 | Page

City of Pleasanton Amador Theater programmatic Rehab vs. Build cost comparison 2018-024-02 The new estimation task has three major components:

1. Programmatic analysis with the provision of a general design solution including the two significant aspects of barrier removal including moving the green room(s), dressing spaces from the basement to the north side of the building along with new elevator for accessibility of the balcony level, and some other adjustments that provide a more even comparison of the existing rehab and a new facility cost. The schematic design for the cost basis is Exhibit 1

2. The other portion is to provide an assessment of the other largest component of rehabilitation which would be the destructive and non-destructive testing, and structural rehabilitation to ‘new’ condition under current code. The structural analysis and testing regime cost is follows

3. An order of magnitude cost estimate based on existing construction in the local area for theaters of similar type, finish and size for school districts and community use. The cost estimate is Exhibit 2 Programmatic analysis is based on interviews and current code review in order to adjust the required spaces for both a rehabilitation and new facility. The new facility would probably have close to the same space usage, but not necessarily have the exact same square footage. However, in order to provide a reasonable comparison, the same square foot allocation is assigned for the new construction cost estimate.

Projected Program used for Estimate
The program is modified to address multiple deficiencies found and the salient changes to square footage can be found in Exhibit 1, and include but are not limited to the following:

1. Existing dressing, green rooms, restrooms, and storage are located beneath the stage and solutions for making these spaces barrier free are generally calculated to be more expensive than providing new spaces to the north of the building where parking is located. Loading into the scene shop would be angled so as to provide easy access for large vehicles. The space below the stage would then be used for storage.

2. Expand the lobby so as to provide space that more closely matches the capacity of the theater.

3. Move and slightly expand both the ticket office and the concessions at the lobby.

4. Improve circulation and provide an elevator without disrupting the appearance and roof symmetry from the street.

5. There would be potential for solutions that provide barrier free access to the existing location of the control room would possibly add some square footage, but this would be resolved in schematic design.

City of Pleasanton — Amador Theater Structural Assessment Objectives of the Structural Assessment:

The purpose of this assessment is to visually observe the existing framing and determine what next steps need to be taken to allow the structure to be reviewed and approved by DSA. A site visit was made on December 1, 2021, to observe the conditions of the existing framing.

Extensive searches have been made in an attempt to determine the original DSA Application Number for the facility prior to the 1988 Addition at which time it was removed from the DSA rolls. No documentation

3 | Page

City of Pleasanton Amador Theater programmatic Rehab vs. Build cost comparison 2018-024-02 of the original construction has been found, which means that the original building will need to be treated as a new structure and made to comply with the current applicable Title 24, California Building Code.

Existing Conditions:

The current Theater is a single-story structure with a balcony located along the East wall of the building.

Two additions were made to the building in 1988 – a new lobby structure to the East of the original Theater and a new Scene Shop located to the North of the original Theater and East of the Girl’s Gymnasium structure.

The original Theater was built in 1932 with concrete perimeter walls and a wood framed roof supported by riveted steel trusses. The roof trusses sit atop concrete pilasters build integral with the North and South exterior walls. It is unknown if there are steel columns embedded within the concrete pilasters. There is a small dressing room located beneath the stage area of the theater. The balcony along the East wall is of wood framed construction. It clear spans the width of the theater with no columns visible between the perimeter walls. It is assumed that there is most likely some form of steel truss work within the balcony cavity, but the full extent of this framing is unknown at this time. The main floor of the theater appears to be a concrete slab on grade. Resistance to lateral loads is provided by the roof diagonal sheathing and the perimeter concrete shear walls. The foundations for the original, 1932 construction are unknown; however, based on drawings for the 1988 Additions, they appear to be conventional spread footings beneath columns and continuous, strip footings below bearing walls. No dimensions for these footings are available.

In 1988 a new Lobby Addition was immediately to the East of the original building entrance. The structure is a single-story wood frame with a pair of stairs leading up to an entrance to the balcony through the original theater wall. There is a steel moment frame within the wall adjacent to the original building. The roof is wood framing supported by perimeter bearing walls and interior steel columns. Resistance to lateral loads is provided by a plywood diaphragm and plywood shear walls. Foundations for the lobby and concrete floor are provided by concrete beams and drilled concrete piers. Not geotechnical information used of the lobby addition is available.

In addition to the Lobby, a new Scene Shop was built in the NW corner of the lot adjacent to the stage. The roof framing is wood framing supported by perimeter wood framed walls and interior steel columns.

Resistance to lateral loads is provided by a plywood diaphragm and plywood shear walls. Foundation support is provided by drilled piers on the South and West sides of the building, offset, but parallel to the adjacent buildings. On the North and East walls, conventional, continuous footings are used. Along the North wall of the Scene Shop, a wood frame mezzanine exists. It has been reported that drawings for the mezzanine exist; however, these were not available at the time of this report. At the time of construction of the Scene Shop, two new openings were sawcut through the existing theater stage wall to allow access between the two spaces. One was a man-door and the other was an 8 foot by 16 foot roll up door.

Structural Assessment:

Generally, the Theater, Lobby, and Scene Shop all appear to be in good condition based on visual observations made on December 1, 2021; however, due to the lack of any “as-built” drawings, DSA has indicated that in order to return the building to the District Records as an approved facility the building will require a complete structural evaluation treating it as new construction and conforming to the current CBC requirement. This means that in order to prepare detailed calculations, numerous structural tests will be required in order to validate the existing construction for each building and permit the preparation of structural calculations to determine the full extent of any upgrades necessary.

4 | Page

City of Pleasanton Amador Theater programmatic Rehab vs. Build cost comparison 2018-024-02 As noted above the construction of the original building pre-dates the 1933 Field Act. While the building appears to have performed well since it was constructed, it is anticipated that it will require significant structural modifications to make it comply with current building code requirements. For example, ties within the pilasters may not conform to current standards requiring seismic hooks and the spacing may be more than allowed by current code. Due to the seating capacity of the theater, 600±, the code would require the structure to comply with the requirements of a Risk Category III building (CBC Table 1604A.5).

Recommendations for the evaluation of existing building is provided by DSA Interpretive Regulation (IR) EB- 3, “Evaluation and Design Criteria Report” (EDCR). The current edition of this IR was issued on May 4, 2021 and is subject to renewal on an annual basis. This document further defines items that must be completed as part of the preparation of a compete EDCR before structural calculations and a structural retrofit can begin. The following items are identified:
• Material Testing Program – this program shall be developed to identify the nature of the materials used in the existing construction. There are specific requirements to be met where full plans are available of the existing construction, or partial or no plans are available. Specific criteria are specified within ASCE 41, which is specified by the IR.
• Condition Assessment – a detailed condition asses sment is required, which may require destructive investigations to the existing structure in order to fully assess the condition of all structural elements within the structure. This level of assessment is beyond the limited visual observations used for this structural assessment.
• Geotechnical and Site Hazards – as part of the ED CR submittal, a site specific Geohazards Report is required.

ASCE 41 specifies minimum data collection requirements within Chapter 6, which are further refined in Chapters 9 through 12 of the document as follows:
• Chapter 9 – Structural Steel: where original cons truction documents are inconclusive or do not exist that define the materials that were used, but the date of construction is known, a minimum of 3 strength coupons and 3 bolt and rivets shall be randomly removed from each component type for testing. For the theater proper, drawings do not exist, so this section would apply to the evaluation of the steel, riveted roof trusses and any steel elements in the balcony framing. Structural drawings for the Lobby and Scene Shop are available, so not steel tests are anticipated for these two structures. For the theater, it is anticipated that a total of 6 steel coupons and 6 rivets will require testing, 3 each from the roof framing and 3 each from the balcony framing.
• Chapter 10 – Concrete: for concrete elements wher e the design strength is not known, a minimum of six core tests per every 400 cy of concrete or 10,000 sf of surface area, whichever requires more shall be made. If tests indicate that more than one class of concrete was used in the construction, additional tests will be required. Due to the age of the theater, it is anticipated at this time that one class of concrete was most likely used. The volume of concrete for the theater is estimated at 357 cy resulting in a minimum of 6 cores required for testing and the square footage of the concrete walls is estimated at 11,000 sf resulting in 12 cores required based on the surface area. The minimum number of core samples to be taken is, therefore, controlled by the surface area of the concrete and is 12 samples. The superstructure of the lobby and scene shop buildings is wood frame construction. The available drawings do indicate the concrete strength that was used, so additional concrete tests for these structures are not anticipated. In addition to the core samples, samples of the existing wall and column reinforcing will need to be taken so that the grade of the reinforcing can be determined and the type of reinforcing use (square, twisted, deformed, other) can be confirmed. In addition to these

5 | Page

City of Pleasanton Amador Theater programmatic Rehab vs. Build cost comparison 2018-024-02 tests, there are two items that may require additional tests that will need to be verified with DSA in the development of a final EDCR. These two items are: requirements for testing and inspection for the existing theater foundations, and what tests and inspections are required for the Lobby and Scene Shop additions given that “as-built” drawings are available. • Chapter 11 – Masonry: no masonry construction was evident on site. No masonry tests are required.
• Chapter 12 – Wood: where original construction do cuments are unavailable, but the date of construction is known and a single material is confirmed, a minimum of 3 samples shall be randomly taken of the existing wood framing for testing at the roof and balcony levels. There is an option for visually observing grade stamps; however, due to the age of the structure, grade stamps are not anticipated to have been used at the time construction was performed. Where tests indicate that more than one material is present, additional tests will be required. In addition to testing for the wood, at least 3 connectors shall be documented for each level (roof and balcony). “As-built” drawings for the Lobby and Scene Shop indicate the grade and mechanical properties of the existing framing. In this case, ASCE 41 requires that at least one location in each story (balcony landing and roof of the Lobby, and mezzanine and roof of the Scene Shop) be randomly verified by observing grade marks or by compliance with wood grading rules.

Please note, the EDCR is required to be prepared and submitted to DSA for review and approval prior to the start of any testing.

As part of performing an overall structural evaluation, a detailed site survey needs to be made to document the “as-built” conditions of the existing Theater and confirm the “as-built” conditions of the Lobby and Scene Shop additions. The thickness of the various concrete elements will need to be determine along with the size and spacing of all reinforcing – wall vertical and horizontal reinforcing, column vertical reinforcing and tie size and spacing. Lap lengths and splices in reinforcing will also need to be determined.

Detailed drawings for the mezzanine framing and those for the roof framing, including the roof truss members, all truss connections, and all connections to the perimeter columns shall be determined as part of the overall structural evaluation of the assembly.

In conjunction with architectural requirements, the seismic evaluation of the structure shall account for changes to openings as required by the Building Code.

STAGE 1841SF
SHOP 1794 SF

MAIN SEATING
3173 SF
LOBBY 594 SF
KITCH
138 SF
MEN 362 SF
WOMEN 400
SF
TICK.
100 SF
FOYER 500 SF
CIRCUL.
200 SF
CIRCUL.
115 SF
CIRCUL.
185 SF
WOMENS

DRESSING
245 SF

COSTUME
242 SF

GRN ROOM
393 SF
ELEC
70 SF

CIRCULATION, LEFT
150 SF

MENS DRESSING
140 SF

CIRCULATION, RIGHT
280 SF
HC
LIFT
35 SF
CIRCUL.
280 SF

MAIN LEVEL

BASEMENT LEVEL

AMADOR THEATER - SF ALLOCATION -

EXISTING

INTERACTIVE RESOURCES
02/14/2022

STAGE 1841SF
SHOP 1755 SF

MAIN SEATING
3173 SF
LOBBY 1178 SF
KITCH
225 SF
MEN 362 SF
WOMEN 400
SF
TICK.
140 SF
FOYER 500 SF
CIRC.
430 SF
CIRCUL.
115 SF
CIRCUL.
185 SF

STORAGE
680 SF
ELEC
70 SF

CIRCULATION, LEFT
150 SF

CIRCULATION, RIGHT
198 SF
HC
LIFT
35 SF
CIRCUL.
280 SF

MAIN LEVEL

BASEMENT LEVEL

AMADOR THEATER - SF ALLOCATION -

REMODELED

INTERACTIVE RESOURCES
02/14/2022
TLT.
63 SF
UNISEX
REST.
104 SF

GREEN ROOM
& RESTROOMS
835 SF
CIRCUL.
242 SF
ELEV
68SF

ADD TO LOADING

DOCK, NEW STAIRS

UPPER LEVEL
SEATING 1403 SF

SPOTLIGHT
95 SF
OFFICE
210 SF
STAIRS
318 SF
STAIR
28 SF
LOFT
160 SF

AMADOR THEATER - SF ALLOCATION -

EXISTING

UPPER LEVEL

INTERACTIVE RESOURCES
02/14/2022

UPPER LEVEL
SEATING 1403 SF SPOTLIGHT
95 SF
OFFICE
210 SF
STAIRS
318 SF
STAIR
28 SF
LOFT
160 SF

AMADOR THEATER - SF ALLOCATION -

REMODELED

UPPER LEVEL

INTERACTIVE RESOURCES
02/14/2022
ELEV.
87 SF

SILVA COST CONSULTING, INC.
1521 Corporate Way, Suite 210
Sacramento, CA 95831
P: 916.444.1130
F: 916.444.1131
Amador Theater Seismic
Assessment
Pleasanton, CA
DRAFT Conceptual Cost Estimate
April 25, 2022
Prepared for:

Interactive Resources
117 Park Place
Point Richmond, CA 94801

SILVA COST CONSULTING, INC.
1521 Corporate Way, Suite 210
Sacramento, CA 95831
P: 916.444.1130
F: 916.444.1131
Brant Fetter
Interactive Resources
117 Park Place
Point Richmond, CA 94801
Reference: Amador Theater Seismic Assessment
Subject: DRAFT Conceptual Cost Estimate
Dear Brant,
Thank you for the opportunity to provide you with this Cost Estimate for the above referenced project. The estimate is broken up into several sections as follows:

The narrative portion, which lists:
• The information used in preparin
g the estimate
• The estimate qualifications and assumptions
• The exclusions to the estimate
The estimate portion, which contains:
• The Project Summary (which summarizes the estimate items in the estimate) • The Estimate Summary (which summarizes the various sections for each item) • The Estimate Detail (which lists the line items and unit prices for the estimate) Once again I would like to thank you for this opportunity to offer my services. Please review the attached estimate and comment. Feel free to call me at 916-444-1130 should you have any questions, comments or concerns. Thank you.

Sincerely,
SILVA COST CONSULTING, INC.

Javier Silva
Principal
April 25, 2022

ITEMS USED IN PREPARING THE ESTIMATE
Specifications: None
Reports: SF Space Allocation Spreadsheet, prepared by
Interactive Resources 2/11/2022
Civil Drawings: None
Landscape
Drawings: None
Architectural
Drawings:

Conceptual architectural drawings, prepared by
Interactive Resources 2/14/2022
Structural
Drawings:

Conceptual structural drawings, prepared by Interactive Resources 2/14/2022
Mechanical
Drawings: None
Plumbing
Drawings: None
Electrical
Drawings: None

ESTIMATE QUALIFICATIONS
- The project is located in Pleasanton, CA.
- The estimate was priced using prevailing wage rates. - The delivery method for this project is Design-Bid-Build.

If the delivery method changes, then this estimate is null and void. - Start date of construction is assumed to be in the summer of 2024. - Construction duration is assumed to be 12 months. - The project will be done in one continuous phase. - Work areas are to be un-occupied during construction. - Work to be performed during normal business hours, 8 hours per day, 40 hours per week
- We include a design contingency of 25%.
- The estimate is escalated 26.34%, at a rate of 10% per year. - Due to the nature of construction pricing this estimate is deemed to be accurate for a period of 90 days. After 90 days, please contact us to see if the estimate needs a pricin
g update.
- All unit pricing has been increased by 25%, to account for current bid market conditions, labor availability, fuel costs increases and material lead time, as well increased construction escalation rates.
- New construction unit costs are derived from the Hayward HS Performin g Arts
Center, which is from a recent Lease Lease-Back project of recent bid, and was within 1% of the Silva Cost Consulting, Inc. estimated cost. This was also increased 25% to account for market conditions, as the project bid in the fall of 2021.

ITEMS SPECIFICALLY EXCLUDED FROM THE ESTIMATE
- Fees for architectural, structural, civil, mechanical, electrical, or other design fees. - Permit fees, or inspection fees.
- Utility hook up fees.
- Premiums for overtime work.
- Off-site work.
- Site improvements and site utilities.
- Masonry
- Equipment
- Furnishings
- Special Construction
- Conveying
- Fire Suppression
- Items not specifically shown in estimate.

PREFACE TO THE ESTIMATE
1 bid +15% to +40%
2-3 bids +5% to +15%
4-5 bids +5% to -5%
6-7 bids -5% to -15%
7+ bids -15% or more
Estimates based on a competitive bid situation, involving 4 or more bidders with 4 sub bids per trade, is considered a normalized estimate. Costs may increase or decrease significantly depending on the actual number of bidders. Use the following percentages as a guide:

The estimate hereunder has been compiled from drawings and specifications (if available) believed to be an accurate portrayal of the project as drawn and indicated by the architect and/or engineers. If said drawings and specifications are incomplete, the project cost engineer has included those items as would usually appear in final drawings and specifications for a complete project in a manner ordinarily prudent under the circumstances. Specialty items unknown to the cost engineer will not normally be included unless communicated through the architect and/or engineer.

The user is cautioned that changes in the scope of the project or the drawings and specifications after the estimate has been submitted can cause cost changes and the cost engineer should be notified for appropriate addenda to be issued to the estimate.

The estimate has also been adjusted for geographical location based on local material and labor rates as well as local construction practice.

PROJECT SUMMARY
PROJECT: Amador Theater Seismic Assessment DATE: 4/25/2022 LEVEL: DRAFT Conceptual ESTIMATOR: Javier Silva
CLIENT: Interactive Resources SCHEDULE: 12 Months
ITEM NO. ITEM DESCRIPTION AREA (SF) ITEM COST $/SF
1 Rehab/Expansion/Seismic Work 15,900 17,403,319 1,095
2 New Construction (based on Hayward HS PAC),
Escalated to Summer of 2024 15,900 21,067,500 1,325
Threshold Calculation 83%
ALT. NO. ALTERNATE DESCRIPTION AREA (SF) ALT COST $/SF
1 2
3 TOTAL ALTERNATES COST:

SILVA COST CONSULTING, INC. 7 of 9

ESTIMATE SUMMARY
PROJECT: Amador Theater Seismic Assessment DATE: 4/25/2022 LEVEL: DRAFT Conceptual ESTIMATOR: Javier Silva
CLIENT: Interactive Resources SCHEDULE: 12 Months
LOCATION: Pleasanton, CA AREA (SF): 15,900

ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL AMOUNT
1 Remodel 14,500 sf
Structural Work
Fiber wrap columns 1,920 sf 31.25 60,000
Upgrade diaphragm chords/ties along bottom of trusses 390 lf 320.51 125,000 Upgrade roof diaphragm over main seating and stage,
5/8" struct 1 plywood w/nails at 3" o.c. at edges 5,117 sf 8.64 44,195 Steel brace frames 155 lf 4,032.26 625,000
Foundations for brace frames 155 lf 987.06 152,995
Demo and reconstruct mech/elect room due to
settlement issues 200 sf 625.00 125,000
Provide new stairs each side to balcony, incl. modify wall and foundations for u/g utilities 2 ea 88,342.30 176,685 Miscellaneous structural work - Lobby 594 sf 312.50 185,625 Miscellaneous structural work - Scene Shop 1,181 sf 312.50 369,063 Reconfigure loading dock to create angle 410 sf 250.00 102,500 Provide upgraded connections between steel roof
trusses and concrete walls 22 ea 1,250.00 27,500
Reinforce foundation at south side 150 lf 365.58 54,837 Miscellaneous structural work - Loft 160 sf 312.50 50,000 Miscellaneous structural work - Office 210 sf 312.50 65,625 Miscellaneous structural work - Balcony 210 sf 312.50 65,625 Collector ties at balcony 146 lf 320.51 46,795
Provide upgraded connections between steel roof
trusses and concrete walls - balcony level 7 ea 1,250.00 8,750 Diagonal bracing at balcony 335 lf 123.38 41,333
Architectural, New
New green room and associated restroom 878 sf 875.00 768,250 Elevator, shaft and pit, complete 1 ea 414,567.24 414,567 Construct corridor through existing shop for acessible hall to stage 200 sf 625.00 125,000
Construct single restroom, complete 64 sf 1,250.00 80,000 Construct family restroom, complete 64 sf 1,250.00 80,000 Construct kitchen, complete 138 sf 1,875.00 258,750
Construct ticket office 100 sf 625.00 62,500
Expand lobby 594 sf 1,062.50 631,125
Exterior exit steel stairs 1 flt 86,368.17 86,368
Architectural, Rehab
Rework all entry doors on west side 6 ea 8,636.82 51,821 All new hardware at 80% of existing doors 25 ea 1,850.75 46,269 Repair/rehab exterior dental molding 30 lf 246.77 7,403 New railing at lobby stairs 1 ls 31,250.00 31,250
Lighting for seating area 3,173 sf 25.00 79,325
Lit seat numbers 1 ls 33,750.00 33,750
Rehab flooring 15,900 sf 31.25 496,875
Rehab ceilings 15,900 sf 31.25 496,875
Rehab electrical 15,900 sf 50.00 795,000
Rehab mechanical 15,900 sf 62.50 993,750
Stage rigging, curtain, equipment 1 ls 625,000.00 625,000 SILVA COST CONSULTING, INC. 8 of 9

ESTIMATE SUMMARY
PROJECT: Amador Theater Seismic Assessment DATE: 4/25/2022 LEVEL: DRAFT Conceptual ESTIMATOR: Javier Silva
CLIENT: Interactive Resources SCHEDULE: 12 Months
LOCATION: Pleasanton, CA AREA (SF): 15,900

ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL AMOUNT
Replace roofing, complete 12,000 sf 75.00 900,000
Remove/replace balcony soffit 1,403 sf 49.35 69,243
SUBTOTAL 9,459,647
GENERAL CONDITIONS 8.5% 800,478
BONDS & INSURANCE 2.0% 205,203
OVERHEAD AND PROFIT 5.3% 554,662
DESIGN CONTINGENCY 25.0% 2,754,998
ESCALATION 26.3% 3,628,332
TOTAL CONSTRUCTION COST 17,403,319
TOTAL $/SF: 1,200.23
SILVA COST CONSULTING, INC. 9 of 9

Item #6

CITY COUNCIL AGENDA REPORT

August 20, 2024
City Manager

TITLE: APPROVE CANCELLATION OF THE SEPTEMBER 3, 2024, CITY COUNCIL

REGULAR MEETING

SUMMARY
Approve cancellation of the September 3, 2024, City Council regular meeting. The next regular meeting will be held on September 17, 2024.

RECOMMENDATION
Approve cancellation of the September 3, 2024, City Council regular meeting.

BACKGROUND
The City Council adopted Resolution No. 23-1436 setting the City Council's 2024 regular meeting schedule, which includes September 3, 2024.

DISCUSSION
There are no time-sensitive items of business scheduled for the open meeting portion of the September 3, 2024, meeting.

EQUITY AND SUSTAINABILITY
Not applicable, as this an administrative matter of City business.

OUTREACH
Not applicable, as this an administrative matter of City business.

STRATEGIC PLAN ALIGNMENT
Not applicable, as this an administrative matter of City business.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Prepared by: Submitted by: Approved by:

Jocelyn Kwong, City Clerk Alexa Jeffress, Deputy City Manager

Gerry Beaudin, City
Manager

Attachments:

None

Item #7

CITY COUNCIL AGENDA REPORT
August 20, 2024
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING

COMMISSION
P24-0292, Benjamin Levine/School of Rock
Application for Minor Conditional Use Permit (MCUP) approval to allow operation of a music school with up to 28 participants at any given time at 3059 Hopyard Road, Suite D (Hopyard Village).

Approved. (13 days)
P24-0371, John Montgomery
Application for Administrative Design Review approval to construct two accessory structures: 1) an approximately 660-square-foot detached pavilion to the rear with a maximum height of approximately 15 feet; and 2) an approximately 336-square-foot, attached trellis to the rear with a maximum height of approximately 10 feet and 4- inches, located at 8026 Kingbird Court.

Approved. (11 days)
P24-0349, Fatima Saleh
Application for Administrative Design Review approval to construct a second-story addition by converting 355 square feet of existing space to the south of an existing residence located at 973 Clinton Place.

Project Information:

Existing floor area: 1,646 square feet
Total floor area with addition: 2,001 square feet
Lot size: 5,376 square feet
Existing floor area ratio: 30.62 percent
Total floor area ratio with addition: 37.22 percent
Approved. (11 days)
P24-0323, Terry Townsend
Application for Administrative Design Review approval to construct an approximately 696-square-foot addition on the west side of the home at 6288 Corte Altamira.

Project Information:

Existing floor area: 2,219 square feet
Total floor area with addition: 2,915 square feet
Lot size: 11,073 square feet
Existing floor area ratio: 20.04 percent
Total floor area ratio with addition: 26.32 percent
Approved. (11 days)
P24-0331, Vishal Saboo & Priya Kudlu
Application for Administrative Design Review approval to construct an approximately 408-square-foot single-story addition on the west side of the home at 4575 El Dorado Court.

Project Information:

Existing floor area: 1,693 square feet
Total floor area with addition: 2,132 square feet
Lot size: 8,554 square feet
Existing floor area ratio: 19.79 percent
Total floor area ratio with addition: 24.92 percent
Approved. (8 days)
P24-0394, Maria Anderson
Application for Administrative Design Review approval to construct an approximately 88-square-foot single-story addition on the southeast side of the home at 4332 Second Street.

Project Information:

Existing floor area: 1,878 square feet
Total floor area with addition: 1,966 square feet
Lot size: 7,500 square feet
Existing floor area ratio: 25.04 percent
Total floor area ratio with addition: 26.21 percent
Approved. (9 days)
PUD-87-11-05M, Brandon Helton
Application for site-specific Planned Unit Development (PUD) Minor Modification approval to PUD-87-11, adding truck sales and display to the list of permitted uses for 4011 Pimlico Drive, subject to specific Conditions of Approval regulating the number of trucks parked on-site, vehicle loading and unloading, and on-site parking management.

Approved. (21 days)
P24-0297, Avichai Hazan
Application for Administrative Design Review approval to construct an approximately 312-square-foot one-story addition to the rear of the existing residence and an

approximately 557-square-foot second-story addition above the garage located at 5325 Ridgevale Road.

Project Information:

Existing floor area: 2,047 square feet
Total floor area with addition: 2,916 square feet
Lot size: 7,400 square feet
Existing floor area ratio: 27.66 percent
Total floor area ratio with addition: 39.41 percent
Approved. (79 days)
P24-0423, Niko Thysell
Application for Administrative Design Review approval to construct an approximately 175-square-foot first-story addition to the west side of an existing residence located at 3965 W. Las Positas Boulevard.

Project Information:

Existing floor area: 1,382 square feet
Total floor area with addition: 1,557 square feet
Lot size: 6,752 square feet
Existing floor area ratio: 20.47 percent
Total floor area ratio with addition: 23.06 percent

Approved. (9 days)
Prepared by: Submitted by: Approved by:

Melinda Denis
Zoning Administrator
Ellen Clark
Director of Community
Development
Gerry Beaudin
City Manager

Item #8

CITY COUNCIL AGENDA REPORT

August 20, 2024
Community Development

TITLE: ADOPT ORDINANCE NO. 2283 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.

The foregoing Ordinance No. 2283 was introduced at a regular meeting of the City Council on July 16, 2024, by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None
Abstain: None

ORDINANCE NO. 2283

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 1 6, 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 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.

Ordinance No. 2283

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, and adopted on August 20, 2024, by the following vote

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No. 2283

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 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.

Ordinance No. 2283

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

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.

Ordinance No. 2283

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 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

Ordinance No. 2283

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 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;

Ordinance No. 2283

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 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 after-hours 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

Ordinance No. 2283

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.

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. PU BLIC 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. C
LEAN 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

Ordinance No. 2283

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/

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. 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

Ordinance No. 2283

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. G ROUNDWATER 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/file-
attachments/statement_of_future_use.pdf?1618854689.
(Address this condition prior to permit issuance)

46. WATER SERVICE: According to the City’s Utility Billing records, the property at 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:

Ordinance No. 2283

https://www.cityofpleasantonca.gov/assets/our- government/finance- department/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-of-way, 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 point-of- 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 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

Ordinance No. 2283

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 skid-resistant 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 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. DUS
T 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

Ordinance No. 2283

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 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.

Ordinance No. 2283

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.

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 Livermore-Pleasanton 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, on-site 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

Ordinance No. 2283

licensed landscape architect and shall provide the species, location, size, quantities, and spacing of all plants. Minimum plant sizes are 1-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. 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 one-half of their diameter. Work of this nature shall only be performed using a mechanical stump grinder and only by personnel familiar with its operation.

Ordinance No. 2283

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. 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

Ordinance No. 2283

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.

Item #9

CITY COUNCIL AGENDA REPORT

August 20, 2024
Community Development

TITLE: ADOPT ORDINANCE NO. 2284 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PLEASANTON APPROVING A PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT PLAN TO CONSTRUCT A 111-LOT RESIDENTIAL SUBDIVISION, INCLUDING AN AGE-QUALIFIED COMMUNITY WITH 92 SINGLE-FAMILY DETACHED HOMES, 18 AFFORDABLE SENIOR COURT-YARD DETACHED AND DUET HOMES, ONE

EXISTING SINGLE-FAMILY RESIDENCE, AND RELATED ON-AND OFF-SITE

IMPROVEMENTS, SUBJECT TO THE CONDITIONS OF APPROVAL, FOR THE

APPLICATION SUBMITTED BY FOOTHILL BOULEVARD HOLDING COMPANY, LLC, FILED UNDER CASE NO. PUD-147.

The foregoing Ordinance No. 2284 was introduced at a regular meeting of the City Council on July 16, 2024, by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None
Abstain: None

ORDINANCE NO. 2284

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING A PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT PLAN TO CONSTRUCT A 111 -LOT RESIDENTIAL SUBDIVISION, INCLUDING AN AGE - QUALIFIED COMMUNITY WITH 92 SINGLE -FAMILY DETACHED HOMES, 18

AFFORDABLE SENIOR COURT -YARD DETACHED AND DUET HOMES, ONE

EXISTING SINGLE -FAMILY RESIDENCE, AND RELATED ON -AND OFF -SITE

IMPROVEMENTS, SUBJECT TO THE CONDITIONS OF APPROVAL , FOR THE

APPLICATION SUBMITTED BY FOOTHILL BOULEVARD HOLDING COMPANY, LLC, FILED UNDER CASE NO. PUD-147

WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for: (1) a determination that the Project is exempt pursuant to CEQA Guidelines Section 15183 and requesting that the Project be evaluated in a Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); and (2) the following entitlements: (a) Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age- qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement (hereinafter collectively the “Project”) for property located at 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003- 12 (hereinafter “the Property”); and

WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and

WHEREAS, the Property is Pre- zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and

WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and

WHEREAS, at its duly noticed public meeting of June 26, 2024, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations, and then recommended approval of the Project to the City Council; and

WHEREAS, at its duly noticed public meeting of July 16, 2024, the City Council considered the written agenda report, all public testimony, relevant exhibits, and staff/Planning Commission recommendations.

WHEREAS, the City Council finds that the Project is consistent with the General Plan and the 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:

Ordinance No. 2284

`
SECTION 1. At its meeting on July 16, 2024, the City Council determined the Project is exempt pursuant to CEQA Guideline Section 15183 as documented in a Section 15183 Checklist for the Project.

SECTION 2. Prior to taking action on the Project, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

SECTION 3. Findings for approval of PUD Development Plan (PUD-147) With respect to Case No. PUD-147, the City Council makes the following findings and determinations with respect to each of the considerations for a PUD Development Plan as required by Section 18.68.110 of the PMC:

1. Whether the plan is in the best interests of the public health, safety, and general welfare:

The Project, as conditioned, meets all applicable City standards concerning public health, safety, and welfare. The Project would include the installation of all required on- site utilities with connections to municipal systems to serve the new development. With the recommended traffic improvements/mitigations, the Project will not generate volumes of traffic that cannot be accommodated by existing City streets and intersections in the area. The structures would be designed to meet the requirements of the Uniform Building Code, Fire Code, and other applicable City codes. Adequate access would be provided to the structures for police, fire, and other emergency response vehicles. Stormwater run- off from the site will be treated before leaving the site. Construc tion hour limits and dust suppression requirements would minimize construction impacts on the surrounding residents and tenants. The Project is compatible with the adjacent uses and would be consistent with the existing scale and character of the area. Therefore, it is recommended the proposed PUD development plan is in the best interests of the public health, safety, and general welfare, and this finding can be made.

2. Whether the plan is consistent with the City's General Plan and any applicable specific plan:

The Property’s Land Use Designation of Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) permits residential uses; thus, the Project would be consistent with the General Plan Land Use Designation. The proposed density of two dwelling units per approximate acre, plus 20 percent density bonus as allowed under State Density Bonus Law, is consistent with the General Plan. The Project would further several General Plan Programs and Policies including: encouraging the reuse of vacant and underutilized parcels by development on an underutilized former orchard within the existing urban area; encourage the use of density bonuses in residential projects that include housing units affordable to extremely low-, very low‑, low‑, and moderate-income households and support development and maintenance of affordable senior housing and supportive services to facilitate maximum independence and the ability of seniors to remain in their homes and/or the community. The project would also be In conformance with the Inclusionary Zoning Ordinance, which requires each residential and non‑residential development to which the Ordinance applies, to include its pro‑rata share of housing needs for lower- and moderate- income households. City policies strongly encouraged that the Inclusionary Zoning Ordinance requirements be met by building

Ordinance No. 2284

housing affordable to lower- and moderate-income households, which would be accomplished by this project through the construction of on- site, deed-restricted senior housing units. The Project environmental review determined that the Project will present no new or more severe significant impacts, and no unstudied impacts that are peculiar to the parcel. Therefore, the City Council finds the proposed development plan is consistent with the City’s General Plan, and this finding can be made.

3. Whether the plan is compatible with previously developed properties in the vicinity and the natural, topographic features of the site:

The Project site is surrounded primarily by residential development. The proposed residential use would be compatible with these surrounding uses. The units’ heights would be compatible with the surrounding and existing single- family residences to the nort h and south. The residences have been In attractively designed and would be compatible with the design of the surrounding residential uses. New and dense landscaping would be installed along the Project perimeters and within the interior of the Project to soften the Project from off -site views and provide buffers between sidewalks and roadways, and the Project. Additionally, the Project preserves several existing mature trees including two large Heritage- sized trees located generally in the middle of the pr oposed project site. The proposed project site drops in elevation to the east from Foothill Road, with the elevation from the Foothill Road frontage to the entry gate falling by approximately 60 feet. In response, the grading plan has been designed to be s ympathetic to the natural terrain and includes stepping the building pads down the hill to minimize the use of large retaining walls and reduce the overall need for terracing slopes on the project site. Therefore, the City Council makes this finding.

4. Whether grading takes into account environmental characteristics and is designed in keeping with the best engineering practices to avoid erosion, slides, or flooding to have as minimal an effect upon the environment as possible.

As described above, the proposed project site drops in elevation towards the east from Foothill Road, with the elevation from the Foothill Road frontage to the entry gate falling by approximately 60 feet. Grading is proposed throughout the proposed project areas to create the predominantly flat pad lots, bio- retention areas, and streets. Due to some abrupt grade changes in the central portions of the proposed project site, approximately 12,400 cubic yards of earth is estimated for off -haul or export. Erosion control and dust suppression measures would be documented in the building and improvement plans and will be administered by the City’s Building and Engineering Divisions. City building code requirements would ensure that building foundations, on -site dri veways, and parking areas are constructed on properly prepared surfaces. The proposed development would provide adequate drainage to prevent flooding. Parking lot and roof drainage would drain into landscaped bioretention areas that would filter contaminants before entering the arroyos and, ultimately, the bay. The proposed project site is not located within an Alquist -Priolo Earthquake Fault Zone. The flood hazard maps of the Federal Emergency Management Agency (FEMA) indicate the Property is not located in a flood hazard zone. Therefore, the City Council makes this finding.

5. Whether streets and buildings have been designed and located to complement the natural terrain and landscape:

The Property is in a developed area of the City and would not involve the extension of any new public streets (all streets are private). The majority of the new development would be located on the more level areas of the proposed project site, and as descr ibed in Finding 3, the grading has been designed to integrate the necessary streets and building pads into the

Ordinance No. 2284

terrain and landscape of the site to the extent feasible. The proposed residences would be compatible in size and scale with surrounding structures and would include a variety of roof heights and varied massing to blend with the surroundings. New landscaping including large box-sized trees would be installed to mitigate the loss of the existing landscaping and trees.

Therefore, the City Council makes this finding.

6. Whether adequate public safety measures have been incorporated into the design of the plan:

The public improvements associated with the Project would be consistent with City design standards. The existing driveway entrance is located and configured to provide adequate line- of-sight viewing distance for vehicles and to facilitate efficient ingress/egress to and from the proposed project site. All internal streets and motor -courts would meet City standards for emergency vehicle access and turn -around. Adequate access would be provided to all structures for police, fire, and other emergency vehicles. The residences and clubhouse would be required to meet the requirements of the Uniform Building Code, Fire Code, other applicable City codes, and State of California energy and accessibility requirements. The residences and clubhouse would be equipped with automatic fire suppression systems (sprinklers). Therefore, the City Council makes this finding.

7. Whether the plan conforms to the purposes of the PUD District:

The proposed PUD development plan conforms to the purposes of the PUD district, and the City’s Housing Element. One of the purposes of the PUD district is to ensure the desires of the Applicant and the community are understood and approved prior to commenc ement of construction. The proposed project implements the purposes of the PUD Ordinance in this case by providing a residential project that is well -designed and well -integrated with the existing development in the vicinity, that fulfills the desires of the applicant, and that meets the City’s General Plan and Housing Element goals and policies. By taking advantage of the flexibility of the PUD district while complementing the minimum development standards of the surrounding residential neighborhoods, the applicant and staff have been able to work together to design the Project in a manner most appropriate for this use. Through the PUD process the Project has provided the Applicant and the City with a development plan that optimizes the use of this infill site in a sensitive manner. Therefore, the City Council makes this finding.

SECTION 4. Findings Pursuant to Government Code Section 65863 (No Net Loss) The proposed project would include 93 above- moderate income residential units and 18 moderate-income residential units; in comparison, the inventory of sites included in the 6th Cycle Housing Element projected this Property (listed as Area 22 in Table B-14) would provide up to 93 above-moderate income residential units. The Project would provide 18 moderate-income residential units, which is 18 more moderate-income units than projected in the inventory. There would be no net loss of units resulting from approval of this project.

SECTION 5. The City Council has considered the findings made in Planning Commission Resolution No. PC-2024-14, attached hereto and incorporated herein as Exhibit A, and hereby adopts the same findings by this reference, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Planned Unit Development Plan (PUD-147), as reflected in the plans dated, “Received June 15, 2024,” for the Foothill Boulevard Holding Company, LLC , subject to the Conditions of Approval in Exhibit A, attached hereto and incorporated into this ordinance by reference.

Ordinance No. 2284

SECTION 6. 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 7. This ordinance shall be effective thirty (30) days after its passage and adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on July 16, 2024, and adopted on August 20, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No. 2284

EXHIBIT A

DRAFT CONDITIONS OF APPROVAL

P22-1089, PUD-147, Tract 8522, and P24-0378
4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12
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: (1) adoption of a CEQA Guidelines Section 15183 Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FSEIR); (2) the following entitlements: (a) Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement for the proposed project located 4131 Foothill Road (APN 941-0950-003-03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950-003-12.

Development shall be substantially as shown on the project materials listed below:

a. Project plans, Vesting Tentative Map, Visual Simulations, Color and Material Board, etc., Exhibit B, prepared by Dahlin Group, RJA, KTGY, and RW Stover and Associates for Foothill Boulevard Holding Company, LLC, dated “Received” on June 15, 2024, and kept on file in the Planning Division of the Community Development Department.

b. Design Guidelines and Development Standards prepared by Foothill Boulevard Holding Company, dated “Received” on August 3, 2023, and kept on file in the Planning Division of the Community Development Department.

c. Arborist Report prepared by HortScience for DeSilva Group, dated “Received” in April 2023, and kept on file in the Planning Division of the Community Development Department.

d. Archeological Cultural Resources Assessment prepared by Basin Research Associates for DeSilva Group, dated “Received” on January 27, 1997, and October 23, 2023, and kept on file in the Planning Division of the Community Development Department.

e. Historic Structure Assessment prepared by Design Story Spaces, for Foothill Boulevard Holding Company, dated “Received” on October 23, 2023, and kept on file in the Planning Division of the Community Development Department.

Ordinance No. 2284

f. Phase 1 Cultural Resources Assessment prepared by First Carbon Solutions, dated February 1, 2024, and included as Appendix D of the CEQA Section 15183 Consistency Checklist (Appendix D contains sensitive information pertaining to cultural resources and has been withheld from public distribution pursuant to Public Resources Code, Sections 5097.9 and 5097.993.).

g. Biological Resources Assessment prepared by Olberding Environmental, Inc., for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department. Updated Report Dated November 2023

h. Geotechnical Report prepared by Berlogar Stevens and Associates, for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department.

i. Noise and Vibration Assessment prepared by Bollard Acoustical Consultants, Inc., for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department.

j. Air Quality Assessment prepared by Ramboll., dated May 2023 for Foothill Boulevard Holding Company, dated “Received” on December 27, 2022, and kept on file in the Planning Division of the Community Development Department.

k. Hydraulic Report prepared by RJA, for Foothill Boulevard Holding Company, dated “Received” on December 15, 2023, and kept on file in the Planning Division of the Community Development Department.

l. CAP 2.0 Checklist prepared by Foothill Boulevard Holding Company, dated “Received” on August 3, 2023, and kept on file in the Planning Division of the Community Development Department.

The project materials listed above are collectively the “Approved Plans”.

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 upon the later of: (a) termination or expiration of the project Development Agreement or (b) expiration of the project Vesting Tentative Map; provided, however, if a final map is recorded before the Vesting Tentative Map expires, then the PUD development approval shall not lapse. Project Specific Condition

Ordinance No. 2284

3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed.

Said checklist shall be 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.

4. 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.

5. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect.

6. 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.

7. DEVELOPMENT AGREEMENT: Prior to issuance of a Building Permit, the applicant shall execute the City Council-approved Development Agreement. Project Specific Condition

PLANNING DIVISION – 925-931-5600

Site Development and Building Design

8. DEVELOPMENT STANDARDS: The project site shall be developed in accordance with the approved PUD Development Plan as shown on the Approved Plans referenced herein. Any subsequent development beyond that shown on the Approved Plans shall be subject to the development standards shown on the Approved Plans and/or, as applicable, the Design Guidelines and Development Standards prepared by Foothill Boulevard Holding Company, dated “Received” on August 3, 2023, and kept on file in the Planning Division of the Community Development Department, also referenced herein. Project Specific Condition

9. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans.

Ordinance No. 2284

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. SIGN PROGRAM: Site and building signage shall be reviewed under a comprehensive sign program submitted to the Planning Division under a separate application.

13. 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.

14. OUTDOOR STORAGE: Outdoor storage shall be prohibited within front yards and portions of lots visible from the street.

15. 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.

16. 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.

17. 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.

18. BUILDING HEIGHT CERTIFICATION: The applicant shall submit a building height certification prepared by a California licensed land surveyor or civil engineer to the Director of Community Development before the first framing or structural inspection by the Building and Safety Division. The height of the structures shall be surveyed and verified as being in conformance to the approved building heights as shown on Exhibit B or as otherwise conditioned.

19. FINAL INSPECTION: Final inspection by the Planning Division is required prior to occupancy.

Ordinance No. 2284

20. 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.

21. 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.

22. 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.

23. RECYCLING AND COMPOSTING PROGRAMS: The project shall comply with the current City/Pleasanton Garbage Service recycling and composting programs.

Green Building and Sustainability Measures

24. 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 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.

25. ALL-ELECTRIC: This project is to have no new gas infrastructure installed. This shall be noted on the plans submitted for Building Permits.

Construction Practices and Noticing

26. 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. 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.

Ordinance No. 2284

27. CONSTRUCTION PARKING: Campers, trailers, motor homes, or any other similar vehicle are not allowed on the construction site except when needed as sleeping quarters for a security guard subject to receipt of a temporary conditional use permit (per PMC 18.116.010.E).

28. CONSTRUCTION TRAILERS: A construction trailer shall be allowed to be placed on the project site for daily administration/coordination purposes during the construction period.

29. CONSTRUCTION AND PARKING 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 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.

30. 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.

31. 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.

32. NOTICE OF CONSTRUCTION: Prior to construction, the applicant shall notify neighbors within 300-feet of the project site of the construction schedule in writing. Such notice shall include contact names and numbers for property owner, agent or contractor.

33. 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 after-hours contact number for the disturbance coordinator, or designee.

Ordinance No. 2284

34. 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.

To provide archaeological and tribal cultural resources training for those participating in construction, an Archaeologist who meets the Secretary of the Interior’s qualification standards for archaeology shall attend the pre-construction meeting with the contractors to provide Worker Environmental Awareness Program (WEAP) training for all construction personnel who will be engaging in ground disturbing activities. The training shall include a brief review of the cultural sensitivity of the proposed project and the surrounding area; what resources could potentially be identified during earthmoving activities, along with visual aids/appropriate examples of those resources; applicable federal, State, and local statutes governing the protection of archaeological resources; and the protocols that apply in the event unanticipated cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly assessed. A sign-in sheet shall be circulated and returned to the lead agency as confirmation the training has taken place.

In addition, a qualified Archaeologist shall be present to monitor during the clearing and grubbing phases of ground disturbance to check for inadvertent exposure of cultural materials. In the event exposed soils indicate that cultural materials may be present, this may be followed by regular or periodic archaeological monitoring as determined by the Archaeologist. Project Specific Condition

35. FEES: As detailed in the project Development Agreement, 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. Project Specific Condition

36. WATER FEES AND WATER METER CONNECTION FEES: Unless otherwise specified by the Development Agreement, 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.

37. SEWER FEES: Unless otherwise specified by the Development Agreement, the applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer permit fees prior to building permit issuance.

Ordinance No. 2284

38. SCHOOL IMPACT FEES – RESIDENTIAL NEW CONSTRUCTION: Applicant shall pay school impact fees in accordance with the fee schedule established by Pleasanton Unified School District. 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.

39. RECORDED DISCLOSURES: All lots covered by this approval shall include separately recorded disclosure statements or restrictive covenants indicating the following:
a. Unless otherwise specified in the Design Guidelines and Development Standards for the project, additions and/or modifications to the structures and garages are prohibited.
b. Driveway parking shall be prohibited for any home where the driveway lengths is less than 23 feet. In no circumstance shall parked vehicles be permitted to overhang or obstruct sidewalks, paths, trails, driveways, or other required access. Boats, trailers, campers, motor homes, and other recreational vehicles are not allowed to be parked or stored on-site, unless effectively screened from view from the street.
c. Garages shall not be modified or used for storage in a manner that would interfere with the ability to park two cars within the garages of the units.

Project Specific Condition
d. Wording for these disclosures and covenants shall be written in simple/plain language, shall be submitted to the City Attorney for review and approval prior to recordation of the final map, and shall be recorded over the project site by separate instrument.

40. CONDITIONS OF APPROVAL: The applicant shall provide all initial buyers with copies of the final project conditions of approval.

Environmental

41. MITIGATION MEASURES/IMPLEMENTATION MEASURES: As indicated in the project’s Section 15183 Checklist, several mitigation measures identified in the Housing Element Update FEIR are applicable to the proposed project:
• MM AIR-1a
• MM AIR-1b
• MM BIO-1
• MM GEO-6
• MM HAZ-2
• MM NOI-1
• MM TRANS 2

The following measures from the Housing Element Update FEIR shall be implemented:

• MM AIR-1a: Prior to the issuance of a grading or building permit, whichever is sooner, the project applicant for a potential site for rezoning shall submit an air quality construction plan detailing the proposed air quality construction measures related to the project such as construction phasing, construction equipment, and dust control measures, and such plan shall be approved by the Director of Community Development. Air quality construction measures shall include Basic Construction Mitigation Measures, as approved by the Bay Area Air Quality Management District (BAAQMD) in 2017, and, where construction-related emissions would exceed the applicable thresholds, Additional Construction

Ordinance No. 2284

Mitigation Measures, as recommended by the BAAQMD, shall be implemented to reduce emissions to acceptable levels. The air quality construction plan shall be included on all grading, utility, building, landscaping, and improvement plans during all phases of construction and for access roads, parking areas, and staging areas at construction sites.

• MM AIR-1b. The following measures pertain to project sites where residences would be located within distances where the Bay Area Air Quality Management District (BAAQMD) or the California Air Resources Board (ARB) recommends not siting residential uses due to exposures to toxic air contaminants (TACs). For example, the current 2005 ARB Land Use Book recommends that agencies avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day.

Indoor Air Quality: In accordance with the recommendations of the BAAQMD, appropriate measures (refer to Section 5 of the BAAQMD CEQA Guidelines) shall be incorporated into building design in order to reduce the potential health risk due to exposure of sensitive receptors to TACs, including, but not limited to:

(a) Locate sensitive receptors as far as possible within each project site from any freeways, major roadways or other non-permitted TAC sources (e.g., loading docks, parking lots). [The project Vesting Tentative Map and project PUD comply with and implement this requirement.]

(b) Incorporate tiered plantings of trees (such as redwood, deodar cedar, live oak, and/or oleander) to the maximum extent feasible between the sources of pollution and sensitive receptors. [The project Landscaping Plans in the PUD Development Plan comply with and implement this requirement.]

(c) Install, operate and maintain in good working order a central heating ventilation and air conditioning (HVAC) system or other air take system in the building, or in each residential unit, that meets or exceeds an efficiency standard of Minimum Efficiency Reporting Values (MERV) 13, including the following features: installation of high-efficiency filter and/or carbon filter to filter particulates and other chemical matter from the building (either high- efficiency particulate air [HEPA] filters or ASHRAE 85 percent supply filters).

(d) Retain a qualified HVAC consultant or Home Energy Rating System (HERS) rater during the design phase of the project to locate air ventilation and the HVAC system intakes based on exposure modeling from pollutant sources; install indoor air quality monitoring in buildings.

(e) Applicants shall ensure that HVAC systems and air ventilation systems are maintained, repaired, or replaced on an ongoing and as-needed basis. If the project includes for-sale units, then the applicant shall prepare two operation and maintenance manuals for the HVAC systems and the filters: one manual shall be included in the recorded Conditions Covenants and Restrictions (CC&Rs) that shall be recorded, and the manual shall be distributed to building maintenance staff; the other manual shall be written for homeowners’ with operating instructions and maintenance and replacement schedule for the HVAC system and filters, and that manual shall be distributed to owners.

Project Specific Condition.

Ordinance No. 2284

• MM GEO-6: A professional paleontologist, approved by the City of Pleasanton, shall conduct a site-specific paleontological resources survey on the potential sites for rezoning

If any of the potential sites for rezoning are found to be underlain by older Quaternary deposits, or any other soil with the potential to contain vertebrate fossils due to their high paleontological sensitivity for significant resources, applicants, owners and/or sponsors of all future development or construction projects shall be required to perform or provide paleontological monitoring, if recommended by the qualified paleontologist. Should significant paleontological resources (e.g., bones, teeth, well-preserved plant elements) be unearthed by a future project construction crew, project activities shall be diverted at least 15 feet from the discovered paleontological resources until a professional paleontologist has assessed such discovered resources and, if deemed significant, such resources shall be salvaged in a timely manner. The applicant/owner/sponsor of said project shall be responsible for diverting project work and providing the assessment including retaining a professional paleontologist for such purpose.

Collected fossils shall be deposited by the applicant/owner/sponsor in an appropriate repository (e.g., University of California Museum of Paleontology (UCMP), California Academy of Sciences) where the collection shall be properly curated and made available for future research.

In addition, in accordance with the FEIR Mitigation Measures, additional site-specific technical studies were completed, the results of which are documented in the Section 15183 Checklist. The project shall implement the following project-specific requirements, pursuant to the respective FEIR Mitigation Measures listed, and in accordance with the technical studies. For the remaining Mitigation Measures listed above, the technical studies and Section 15183 Checklist conclude that no further study or project-specific implementation is needed:

A. Project-Specific Implementation Measures for Compliance with MM Bio-1:
• General Avoidance and Minimization Measures Included in the East Alameda County Conservation Strategy (EACCS) – The EACCS contains the following general avoidance and minimization measures to reduce the effects on focal species. These measures are taken from Table 3-2: of the EACCS (ICF 2010). o Employees and contractors performing construction activities will receive environmental sensitivity training. Training will include review of environmental laws and Avoidance and Minimization Measures (AMMs) that must be followed by all personnel to reduce or avoid effects on covered species during construction activities.
o Environmental tailboard trainings will take place on an as‑needed basis in the field. The environmental tailboard trainings will include a brief review of the biology of the covered species and guidelines that must be followed by all personnel to reduce or avoid negative effects to these species during construction activities. Directors, Managers, Superintendents, and the crew foremen and forewomen will be responsible for ensuring that crewmembers comply with the guidelines.
o Contracts with contractors, construction management firms, and subcontractors will obligate all contractors to comply with these requirements, and AMMs.
o The following will not be allowed at or near work sites for covered activities:
trash dumping, firearms, open fires (such as barbecues) not required by the

Ordinance No. 2284

activity, hunting, and pets (except for safety in remote locations). o Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas to the extent practicable.
o Off-road vehicle travel will be minimized.
o Vehicles will not exceed a speed limit of 15 mph on unpaved roads within natural land‑cover types, or during off‑road travel.
o Vehicles or equipment will not be refueled within 100 feet of a wetland, stream, or other waterway unless a bermed and lined refueling area is constructed. o Vehicles shall be washed only at approved areas. No washing of vehicles shall occur at job sites.
o To discourage the introduction and establishment of invasive plant species, seed mixtures/straw used within natural vegetation will be either rice straw or weed‑free straw.
o Pipes, culverts and similar materials greater than four inches in diameter, will be stored so as to prevent covered wildlife species from using these as temporary refuges, and these materials will be inspected each morning for the presence of animals prior to being moved.
o Erosion control measures will be implemented to reduce sedimentation in wetland habitat occupied by covered animal and plant species when activities are the source of potential erosion problems. Plastic mono‑filament netting (erosion control matting) or similar material containing netting shall not be used at the project. Acceptable substitutes include coconut coir matting or tackified hydroseeding compounds.
o Stockpiling of material will occur such that direct effects to covered species are avoided. Stockpiling of material in riparian areas will occur outside of the top of bank, and preferably outside of the outer riparian dripline and will not exceed 30 days.
o Grading will be restricted to the minimum area necessary. o Prior to ground disturbing activities in sensitive habitats, project construction boundaries and access areas will be flagged and temporarily fenced during construction to reduce the potential for vehicles and equipment to stray into adjacent habitats.
o Significant earth moving‑activities will not be conducted in riparian areas within 24 hours of predicted storms or after major storms (defined as 1‑inch of rain or more).
o Trenches will be backfilled as soon as possible. Open trenches will be searched each day prior to construction to ensure no covered species are trapped. Earthen escape ramps will be installed at intervals prescribed by a qualified biologist.

• Species Specific Avoidance and Minimization Measures – The EACCS also includes species-specific AMMs. The species-specific AMMs for burrowing owls are described below. These measures are taken from Table 3-3 of the EACCS (ICF 2010).

BIRD-2: Burrowing Owl
o If an active nest is identified near a proposed work area work will be conducted outside of the nesting season (March 15 to September 1). o If an active nest is identified near a proposed work area and work cannot be conducted outside of the nesting season, a no‑activity zone will be established by a qualified biologist. The no‑activity zone will be large enough to avoid nest abandonment and will at a minimum be 250‑feet radius from the nest. This buffer is based on the recommended guidelines described in the “Staff Report

Ordinance No. 2284

on Burrowing Owl Mitigation” by the CDFW (2012).
o If burrowing owls are present at the site during the non‑breeding period, a qualified biologist will establish a no‑activity zone of at least 150 feet. o If an effective no‑activity zone cannot be established in either case, an experienced burrowing owl biologist will develop a site‑specific plan (i.e., a plan that considers the type and extent of the proposed activity, the duration and timing of the activity, the sensitivity and habituation of theowls, and the dissimilarity of the proposed activity with background activities) to minimize the potential to affect the reproductive success of the owls.

• U.S. Army Corps of Engineers Authorization – If any impacts are to occur to Corps jurisdictional wetlands or waters, then a Section 404 Nationwide or Individual permit will be required.

• State Authorization – If any impacts are to occur to wetlands or waters subject to CDFW or RWQCB jurisdiction (Waters of the State), then a Section 401 permit will be required, and a Streambed Alteration Agreement may be required.

• On-Site Wetland/Waters Mitigation – If work proposed on the Property includes impacts to Corps or State jurisdictional features, then on-site mitigation will be implemented. The proposed Project currently includes the design of on-site mitigation to be provided at a 2:1 ratio. The mitigation features will be constructed in portions of the Property currently identified as upland areas. This on-site mitigation would reduce project impacts to jurisdictional features to “less than significant”.

• Rare Plant Survey – While special-status plants are not likely to occur on the Property, a rare plant survey of the Property in accordance with CDFW and CNPS guidelines should be within one year of the start of construction to ensure that impacts to special-status plants are less than significant. The survey should be scheduled to coincide with the identified blooming or identification periods for those species having potential to occur (April through June). Any rare, threatened, or endangered plant species that are observed should be identified and mapped. If any of these species are found, consultation with the USFWS and/or CDFW may be required regarding appropriate mitigation. Mitigation will likely include avoidance of the population or collection and redistribution of seeds.

• Pre-Construction Avian Survey – If Project construction-related activities take place during the nesting season (February through August), preconstruction surveys for all nesting birds (including waterfowl, passerines, raptors, and other birds) within and adjacent to (within 1,000 feet) the Property should be conducted by a competent biologist 14 days prior to the commencement of the tree removal or site grading activities. Surveys should focus on areas where birds are likely to nest, including trees, shrubs, grasslands, rock faces, stream banks, or under eves of structures. If any bird listed under the Migratory Bird Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for small passerine birds, and a minimum of 250 feet for raptors. The distance shall be determined by a competent biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored by a competent biologist periodically

Ordinance No. 2284

to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). Active nests, including those in the process of being constructed shall not be disturbed. Surveys shall be repeated in areas where Project activities lapse for a period of 7 days or more.

• Burrowing Owl Surveys – A burrowing owl pre-construction survey should take place before any construction activities commence. Occupancy of burrowing owl habitat is confirmed at a site when at least one burrowing owl or its sign at or near a burrow entrance is observed within the last three years. If a burrowing owl or sign is present on the Property three additional protocol level surveys will be initiated. Once these surveys have been completed to identify the owl’s location, disturbance buffers should be placed around each active burrow. No disturbance should occur within 250 feet of occupied burrows during the breeding season (February 1 through August 31) and/or within 160 feet of occupied burrows during non-breeding season (September 1 through January 31). Pre-construction surveys shall be completed 14 days prior to initiating activities.

• Special-status Bats Surveys – For all Project activities planned in or adjacent to potential bat roosting habitat, such as structures and/or involving woody vegetation modification or removal of any and all trees, a qualified biologist shall conduct daytime and evening acoustic surveys in addition to extensive visual surveys of potential habitat for special-status bats at least 7 days prior to initiation of Project activities. If bats are found on-site, a qualified biologist shall identify the species, estimated quantity present, roost type, and roost status, but shall avoid disturbing bats during surveys. A qualified biologist shall also create a Bat Mitigation and Monitoring Plan if special-status bat species are detected prior to the start of Project activities. The Bat Mitigation and Monitoring Plan shall include: (1) an assessment of all Project impacts to special-status bats, including noise disturbance during construction; (2) effective avoidance and minimization measures to protect special-status bats; (3) and compensatory mitigation for permanent impacts to special-status bats or their nesting/roosting habitat. If structures, trees, or other refugia equivalents are slated for limbing, removal, or modification, the Bat Mitigation and Monitoring Plan shall include the following measures:

• To ensure that special-status bats have left potential roosting refugia, work shall occur over the course of two days. On the first day, smaller limbs or items from the identified trees or structures shall be brushed back or modified in the late afternoon. This disturbance should cause any potential roosting bats to seek other roosts during their nighttime foraging. The remainder of the refugia item can then be further limbed or removed as needed on the second day as late in the afternoon as feasible. If bats are found injured, or if bat mortality occurs during the course of tree work, a qualified biologist shall record the species impacted, and the number of individuals documented.

• Tree limbing, modification, removal, or work on structural refugia shall not be performed under any of the following conditions: during any precipitation events, when ambient temperatures are below 4.5 degrees Celsius, when windspeeds exceed 11 miles per hour, and/or any other condition which may lead to bats seeking refuge.

Ordinance No. 2284

• If special-status bats are found utilizing a tree, structure, or equivalent for roosting, the Bat Mitigation and Monitoring Plan shall include permanent artificial roosting habitat installations that shall be adjacent to, and sufficient for, the species observed and associated ecology thereof. Effective buffer zones for the installation and monitoring of the artificial roosts shall be determined and established by a qualified biologist.

• Erosion Control – Grading and excavation activities could expose soil to increased rates of erosion during construction periods. During construction, runoff from the Property could adversely affect aquatic life within the adjacent water features.

Surface water runoff could remove particles of fill or excavated soil from the site, or could erode soil down-gradient, if the flow were not controlled. Deposition of eroded material in adjacent water features could increase turbidity, thereby endangering aquatic life, and reducing wildlife habitat. Implementation of appropriate mitigation measures would ensure that impacts to aquatic organisms would be avoided or minimized. Mitigation measures may include best management practices (BMP’s) such as hay bales, silt fencing, placement of straw mulch and hydro seeding of exposed soils after construction as identified in the Storm Water Pollution Prevention Plan (SWPPP).

B. Project-Specific Implementation Measures for Compliance with MM NOI-1:
• To the maximum extent practical, the following measures should be incorporated into the project construction operations:
o Noise-generating construction activities shall not occur within the hours identified in Noise Ordinance Section 9.04.100.
o Locate stationary construction equipment as far from adjacent occupied buildings as possible.
o All noise-producing project equipment and vehicles using internal-combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition.
o All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity. o All construction equipment must meet California Department of Motor Vehicles (DMV0) noise standards and shall be equipped with muffling devices. o Electrically powered equipment shall be used instead of pneumatic or internal- combustion-powered equipment, where feasible.
o Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors. o Select routes for movement of construction-related vehicles and equipment so that noise-sensitive areas, including residences, and outdoor recreation areas, are avoided as much as possible
o Project area and site access road speed limits shall be established and enforced during the construction period.
o Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.
o Designate a noise disturbance coordinator who will be responsible for responding to complaints about construction noise. The telephone number of the noise during disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the City of Pleasanton. Copies of the

Ordinance No. 2284

construction schedule

• The following measures should be incorporated into the building facade construction:
o For the seven (7) lots located nearest to Interstate 680, the north-, east-, and south-facing upper-floor building facades should maintain minimum window assembly STC ratings of 32. Figure 2 [in the Noise and Vibration Assessment prepared by Bollard Acoustical Consultants, Inc., dated “Received” on December 27, 2022], illustrates the facades requiring improved STC rated windows.
o Standard residential construction practices (wood or stucco siding, STC-27 windows, door weather-stripping, exterior wall insulation, composition plywood roof) would be adequate for the remainder of the development. o Mechanical ventilation (air conditioning) should be provided for all residences in this development to allow the occupants to close doors and windows as desired to achieve compliance with the applicable interior noise level criteria.

Project Specific Condition

HOUSING DIVISION – 925-931-5007

42. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of a Building Permit, the applicant shall execute the City Council-approved Affordable Housing Agreement.

Project Specific Condition

43. NEW HOME AGE RESTRICTIONS: The age restrictions for the new homes, but not the existing residence to remain, shall be recorded as part of the project CC&Rs. Project Specific Condition

BUILDING AND SAFETY DIVISION – 925-931-5300

44. 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.

45. PHASED OCCUPANCY: If building occupancy is proposed to be phased, the applicant shall submit a phasing plan to the Chief Building and Safety Official for review and approval.

46. DIGITAL PLAN SUBMITTAL REQUIREMENT – COMMERCIAL, SINGLE-FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTIAL AND CONDOMINIUM PROJECTS: The applicant shall submit site plan and building information to the City’s Geographic Information Services (GIS) Division in a digital format prior to issuance of the building permit. All changes or revisions to the approved plans during construction which affect the digital submittal, shall be resubmitted for GIS review no later than 1 month prior to scheduling a final inspection. The updated digital submittal will be checked and approved before the building permit will be finalized and certificate of occupancy granted (if applicable). For phased project, the digital submittal must be approved prior to the first occupancy of any phase. The information will be used for public safety and emergency response planning by the Police and Fire Departments. Refer to the “Digital Plan Submittal Requirements” for necessary data and file formatting requirements.

Ordinance No. 2284

47. UNIVERSAL DESIGN – In addition to meeting the minimum requirements of the California Residential Code for each home at the time of Building Permit submittal, with respect to Aging in Place Design and Fall Protection (Section R327), unless otherwise approved by the Community Development Director, each unit shall include, on the ground floor only, an internal accessible route of travel with a minimum clearance of 42" at the hallways. One (1) bedroom and one (1) bathroom on this route will have a 32" minimum clear door opening. This bathroom shall also meet the clearances in compliance with Chapter 11A of the CBC at the time of Project approval and will have blocking in walls for future installation of grab bars.

PUBLIC WORKS DEPARTMENT – ENGINEERING/LAND DEVELOPMENT – 925-931-5650

48. STREET A: If Street A will be dedicated to the City as a public road, then it must be constructed according to Pleasanton standards to accommodate public traffic and minimize the City’s future maintenance burden. The City cannot maintain the “Decorative Stamped Colored Asphalt Paving” shown on Sheets L2 and L3. The acceptable material for public roadway surfacing is conventional hot mix asphalt. If the applicant elects to install non-conventional paving materials, this pavement shall be privately maintained according to an agreement/perpetual encroachment permit between the City and the owner’s association. The landscaping and related features within the cul-de-sac island, as shown on Sheet L3, shall be privately maintained according to an agreement/perpetual encroachment permit between the City and the owner’s association. (Address this condition prior to approval of the final map) Project Specific Condition

49. ANNEXATION AND RIGHT-OF-WAY DEDICATION ON FOOTHILL ROAD: Sufficient right-of-way shall be irrevocably offered for dedication to the City pursuant to California Government Code §7050 to accommodate the needed road widening contemplated in the Fehr & Peers transportation assessment. Annexation of the property into the City of Pleasanton shall also include the segment of Foothill Road at at 3984 Foothill Road (APN 941-2100-2-7) (also described as County Road 1933) that is currently within Alameda County abutting the property, comprising approximately 275 linear feet of roadway extending between the current northern and southern City limit line.. (Address this condition prior to approval of the final map) Project Specific Condition

50. DEMOLITION OF EXISTING HOME AT 4131 FOOTHILL ROAD: The proposed demolition of the home at 4131 Foothill Road will necessitate termination of the existing water service. The applicant shall contact the City’s Utilities Division for termination of Account 6399-12000-01 together with removal of the 1” meter #55786233. Fee credit for this water service can be applied to one of the proposed homes within the subdivision. (Address this condition prior to issuance of a demolition permit) Project Specific Condition

51. CORROSIVE SOIL: Section 7.13 of the Design Level Geotechnical Investigation by Berlogar Stevens Associates indicates that soil samples were found to be “moderately corrosive”. The report includes the following recommendation which shall be implemented during development of the property: “All buried iron, steel, cast iron, ductile iron, galvanized steel and dielectric coated steel or iron should be properly protected against corrosion depending upon the critical nature of the structure. All buried metallic pressure piping such as ductile iron firewater pipelines should be protected against corrosion.” (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

Ordinance No. 2284

52. FOOTHILL ROAD STORM PIPES: The storm drain network relies on connections to or extensions of existing storm drain pipes, one at the west end of Lot 89 where an existing 24” CMP passes beneath Foothill Road, and one at the south end of Parcel F where connection to an existing 36” pipe is proposed. The condition of these existing pipes shall be verified by the applicant through video inspection. If either pipe is deteriorated beyond its service lift, then the replacement of the pipe, or rehabilitation in a manner acceptable to the City Engineer, shall be included with the project. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

53. DETENTION BASIN: Because the depth of water within the Parcel F detention basin will rise above 18”, it is considered a drowning risk for children. The California Building Code requires said basins to be enclosed with a fence that includes self-closing, self-latching gates with hardware elevated at least 54 inches from the ground to discourage easy access by children. The fence must be at least 60”-high and have a maximum vertical clearance of 2” from the ground to the bottom of the fence. There must be no gaps, voids or other features that may allow a child under 5 years old to climb over. If a chain- link fence is proposed, it must be non-climbable. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

54. EMERGENCY OVERLAND FLOW: If the proposed network of ditches and pipes become plugged or overwhelmed by a greater than 15-year storm event, the site must accommodate emergency overland flows without inundating any of the residential structures. The greatest flooding threat will come from flows that originate west of Foothill Road and then drain across the subdivision. The proposed development must be designed to accommodate emergency flows (assumed to be the 50-year storm according to the City’s design standards). (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

55. FEMA FLOOD ZONE: According to Sheet C-2, Lot 27 will include a new home within the boundary of FEMA Flood Zone AH, although the pad will be filled to lift the home out of the flood plain. The applicant is required to file a LOMR-F (letter of map revision based on fill) with FEMA. Permits for this home cannot be issued until the LOMR-F has been approved by FEMA, with a copy of said approval provided to the City. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

56. SANITARY SEWER NETWORK MODELING: A site-specific analysis of the proposed sanitary sewer network was commissioned with the City’s consultant, Woodard & Curran.

Woodard & Curran’s analysis offered the following recommendation: A manhole at the Lemonwood Way intersection is suspected of splitting flows. Some of the flows continue north on Muirwood while some are directed east on Lemonwood and then south into the 8” pipe that extends across the east end of the Merritt property. Woodard & Curran recommends the split at Lemonwood Way be plugged such that all Muirwood flows continue north. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

57. WATER NETWORK MODELING: A site-specific analysis of the proposed water network was commissioned with the City’s consultant, Akel Engineering Group. Akel’s analysis offered the following recommendations: Pressures below 25 psi are expected at Lots 1, 2, and 3 on the west side of the project and it is recommended a parallel main be constructed to connect to the 510 Pressure Zone pipeline in Foothill Road. This will increase pressure to approximately 34 psi during peak hours. Pressures at lots 1, 2, 3, 11, and 12 will be below the criteria of 40 psi during peak hour demands. The low pressures range from 34

Ordinance No. 2284

psi (Lots 1, 2, and 3) to 39 psi (Lots 11 and 12). Individual booster pumps would be required for these lots. In addition, those lots served by individual booster pumps shall enter into a Maintenance Covenant, Assumption of Risk, Release of Claims, and Covenant Not to Sue in a form acceptable to the City Attorney’s Office in conformance with Pleasanton Municipal Code §14.04.050(E). Project Specific Condition

58. EXISTING SEPTIC SYSTEMS: Any existing septic tanks within the property shall be identified on the plans. Said systems must be properly abandoned in accordance with Alameda County Code of Ordinances §15.18.070C. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

59. GROUNDWATER WELLS: Any existing groundwater wells that will no longer be needed for water supply to the existing home or irrigation shall be properly demolished according to permit(s) issued by Zone 7 Water Agency in accordance with Alameda County General Ordinance 0-2015-20. (Address this condition prior to approval of the subdivision improvement plans) Project Specific Condition

60. 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 subdivision improvement plan approval)

61. ENGINEERING DIVISION FEES FOR SERVICE: The Engineering 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 Engineering Division fees prior to services rendered or permit issuance, whichever is first. (Address this condition prior to subdivision improvement plan approval)

62. CITY ENGINEER SIGNATURE BLOCK: The following signature block shall be depicted on the first sheet of the plans submitted for construction: “Approval of these plans is for work within the street right-of-way and public utility systems within Public Services Easements unless otherwise noted. Approval of these plans does not release the developer of the responsibility for the correction of mistakes, errors, or omissions contained therein. If during the course of construction of the improvements public interest requires a modification or a departure from the specification and details of the City of Pleasanton or these plans, the City Engineer shall have the authority to require such modification or departure and to specify the manner in which same is to be made.

Approved as to design only based upon information submitted hereon this [DAY] of [MONTH], [YEAR]. [NAME PROVIDED BY CITY], P.E., City Engineer, [DATE] (Address this condition prior to subdivision improvement plan approval)

63. DESIGN PER CITY STANDARDS: All public improvements shall be designed in conformance with the City of Pleasanton Municipal Code and the City’s adopted Standard Specifications and Details in effect at the time of issuance of the permit(s).

Said standards are available for download at:
http://www.cityofpleasantonca.gov/gov/depts/engineering/standard.asp (Address this condition prior to subdivision improvement plan approval)

64. ROADWAY DESIGN STANDARDS: All roads constructed or improved by the applicant shall conform to the design standards contained in Pleasanton Municipal Code Chapter

19.36. For standards not explicitly described in the Code, the following State of

Ordinance No. 2284

California Department of Transportation (Caltrans) standards shall be followed: Highway Design Manual, and the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest editions. The City also references design standards from “A Policy on Geometric Design of Highways and Streets” (latest edition) as published by the American Association of State Highway and Transportation Officials (AASHTO). Any deviations from standards must be approved by the City Engineer. (Address this condition prior to subdivision improvement plan approval)

65. HOT-MIX ASPHALT PAVEMENT DESIGN STANDARDS: Public roadways and parking lots shall be surfaced with hot-mix asphalt (HMA) as designed according to Chapter 630 “Flexible Pavement” of the Caltrans Highway Design Manual, unless otherwise approved by the City Engineer. The following minimum standards shall apply to the design:

a. Minimum design life = 20-years
b. R-value of the underlying soil shall be R = 5 minimum. A higher R-value will be allowed only through analytic testing by a licensed geotechnical engineer or engineering geologist.
c. Asphalt Binder classification shall be PG 64-10.
d. Minimum Traffic Index (TI) shall be as follows. A lower TI will be considered only when justified by analytic calculations performed by a licensed civil or traffic engineer according to the Caltrans Highway Design Manual Chapter 613. i. Public parking lot: TI
min = 4.5
ii. Local Street: TImin = 5.0
iii. Residential collector street: TImin = 6.0
iv. Collector street: TImin = 7.0
v. Arterial street: TImin = 9.0
e. Minimum thickness of HMA layer = 3 inches
f. Minimum thickness of total structural section = 8 inches (regardless of R-value) (Address this condition prior to subdivision improvement plan approval)

66. STREETLIGHTS: Streetlights to be owned and maintained by the City shall include a light-emitting diode (LED) lamp and driver compliant with UL 1598. The luminaire must be dark-sky compliant with correlated color temperature (CCT) not greater than 4,000K.

For safety lighting at signalized intersections, electricity for the lights shall come from a dedicated circuit fed from the traffic signal’s electrical panel. The circuit shall be controlled by a photocell that energizes the light only during nighttime hours.

For free-standing streetlights on dedicated poles, the electricity shall be fed from an unmetered secondary electrical circuit provided by PG&E. A photocell on each fixture shall control operation of the lamp. Free-standing fixtures are subject to PG&E’s LS2A “Customer-owned Street and Highway Lighting” rate schedule. The applicant shall provide verification of total energy consumption of luminaire to PG&E prior to connection. Billing for LS2A electricity consumption must be transferred to the City upon acceptance of the streetlight installation.

Streetlights must have an electronic type photo control meeting ANSI standard C136.10 with a turn on value of 1.0 foot-candles and a turn off value of 1.5 foot-candles. Electro- mechanical or thermal type photo controls and not allowed.

Streetlights must have badge numbers on each pole. Badge numbers must be affixed to the pole 9 feet from ground level facing the street-side and be legible from the ground.

Ordinance No. 2284

A streetlight wattage sticker needs to identify the actual total wattage consumed, be visible from the ground, be of a size and type acceptable to PG&E showing total fixture energy use in watts and must be installed on each fixture.

Streetlights connected to existing joint utility poles are generally not allowed unless authorized by the City Engineer.
(Address this condition prior to subdivision improvement plan approval)

67. CLEAN WATER PROGRAM (HYDROMODIFICATION PROJECTS): Because the project creates and/or replaces more than 43,560 square feet (1.00 acre) of impervious surface, increases impervious surface over pre-project conditions, and is located in a susceptible area, it is considered a Hydromodification (HM) Project according to Provision C.3.g of the Municipal Regional Stormwater NPDES Permit. Said permit regulates stormwater runoff in Pleasanton. 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://www.cleanwaterprogram.org/businesses/development.html

HM projects must include stormwater treatment measures in the site design to cause no increase in the erosion potential of the receiving stream over the pre-project (existing) condition. To demonstrate compliance, the City encourages use of the Bay Area Hydraulic Model (BAHM). The model software can be downloaded at no cost from Clear Creek Solutions. In addition, HM projects must be subject to a Stormwater Treatment Measure Maintenance Agreement between the City and property owner to assure long-term maintenance of the installed measures. The City will provide a template agreement. Once executed, the agreement must be recorded against the property. (Address this condition prior to subdivision improvement plan approval)

68. GEOTECHNICAL RECOMMENDATIONS: Recommendations from the project’s geotechnical investigation, as prepared by a California-licensed Geotechnical Engineer or Certified Engineering Geologist, shall be incorporated into the design of the improvements and/or explicitly noted on the plans. The author(s) of the geotechnical investigation shall certify on the plans that the design complies with their recommendations. During construction, the applicant must follow all recommendations. (Address this condition prior to subdivision improvement plan approval)

69. ALQUIST-PRIOLO EARTHQUAKE FAULT ZONING ACT: According to California Public Resources Code Section 2621 et seq. this application is subject to the Alquist- Priolo Earthquake Fault Zoning Act. The California Code of Regulations (14 CCR §3603) requires recommendations from a licensed Geotechnical Engineer or Geologist to be followed for any development within a delineated earthquake fault zone. Said fault zone shall be shown and labeled on the applicant’s development plans. The Geotechnical Engineer or Geologist shall certify on the plans that all recommendations have been addressed in the design. (Address this condition prior to subdivision improvement plan approval)

70. 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 or maps shall be coordinated by the applicant’s title company, with one full-sized mylar copy of the recorded map returned to the City.

Ordinance No. 2284

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.”

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 final map approval)

71. CITY CLERK’S STATEMENT: For final maps, the following statement shall be included on the cover sheet of the map: “I, Jocelyn Kwong, City Clerk and Clerk of the Council of the City of Pleasanton, County of Alameda, State of California, do hereby state that this final map entitled ““[MAP NAME/NUMBER]” consisting of [NUMBER OF SHEETS] sheets, this statement being on Sheet [NUMBER] thereof, was presented to said Council of the City of Pleasanton, as provided by law at a regular meeting held on the [DAY] day of [MONTH], [YEAR] and that said Council of the City of Pleasanton did thereupon by motion duly passed and adopted at said meeting, approved said map and accepted on behalf of the public all parcels of land and easements as offered for dedication to the City of Pleasanton for public use in conformity with the terms of the offer of dedication.

The names of the subdividers are as shown on the Owner’s Statement upon Sheet 1. In witness whereof, I have hereunto set my hand this [DAY] day of [MONTH], [YEAR].

Jocelyn Kwong, City Clerk, City of Pleasanton, Alameda County, State of California [SIGNATURE LINE]”. (Address this condition prior to final map approval)

72. SUBDIVISION IMPROVEMENT AGREEMENT: Public improvements required as part of the subdivision must be either completed to the satisfaction of the City Engineer prior to map approval, or guaranteed by a Subdivision Agreement. The agreement requires the applicant to post financial security in the form of either a cash deposit, letter of credit, or surety bonds in amounts equivalent to the value of the public improvements. If surety bonds are utilized, the form of the bond language shall be consistent with California Government Code §66499.1 for faithful performance and §66499.2 for labor and materials. The amounts of the bonds shall be 100% of the total estimated value of the public improvements consistent with §66499.3. In addition, the City requires a warranty bond (often referred to as a maintenance bond) for 10% of the estimated value. The warranty bond shall be active for one-year following formal acceptance of the improvements. All submitted securities are subject to review and approval by the City Attorney. In addition, final maps and the associated Subdivision Agreement are subject to approval by the City Council. (Address this condition prior to final map approval)

Ordinance No. 2284

73. 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. 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 final map approval)

74. DEDICATIONS TO THE CITY: Dedications to the City shall conform to the following standards whether dedicated on a subdivision map or by recorded separate instrument:

For final maps, right-of-way dedications for roadways or similar access shall be offered irrevocably to the City as an easement for public purposes pursuant to California Government Code Sections 7050 and 66439(d)(3) including the right to install and operate public utilities. Right-of-way is defined in Pleasanton Municipal Code §13.04.010.

Public Service Easements (PSE) shall be granted to the City in accordance with Pleasanton Municipal Code §19.24.190 and 19.36.110. PSEs shall be offered as an easement for public purposes including but not limited to installation, construction, access, and maintenance of all public services facilities above and below the ground surface including poles, wires, conduits, vaults, cabinets, sanitary sewers, storm drains, gas lines, and water lines as well as all those public utilities and appurtenances thereto as subject to regulation under Pleasanton Municipal Code Chapter 13.04. Consistent with California Government Code Section 66439(d)(3), the offer shall include the statement, “The real property described below is dedicated as an easement for public purposes…”

Dedications in fee title shall only be granted upon approval by the City Engineer.

Consistent with California Government Code Section 66439(d)(2), the offer shall include the statement, “The real property described below is dedicated in fee for public purposes…” (Address this condition prior to recordation of map or separate instrument title documents granting rights to the City)

75. DATUM FOR VERTICAL CONTROL: Vertical control surveying for all improvements to be constructed shall be based on the North American Vertical Datum of 1988 (NAVD 88). Any benchmarks used that relied on the National Geodetic Vertical Datum of 1929 (NGVD 29) shall be converted to NAVD 88 when presented on plans. The location of the benchmark and source of data must also be disclosed on the plans. (Address this condition prior to subdivision improvement plan approval)

Ordinance No. 2284

76. SURVEY MONUMENTS FOR HORIZONTAL CONTROL: Final maps shall include sufficient durable survey monuments to allow the subdivision to be retraced in conformance with Pleasanton Municipal Code §19.24.220. Setting of monuments shall be in accordance with California Government Code §66495-66498. The surveyor shall give notice to the City Engineer when final monuments have been set, and when payment for said work has been received from the subdivider. (Address this condition prior to acceptance of improvements)

77. STORMWATER HYDRAULICS: The City’s storm drainage network has been designed in accordance with the Alameda County Hydrology and Hydraulics Manual published by the Alameda County Flood Control & Water Conservation District. Said manual is available for download at:

https://acfloodcontrol.org/the-work-we-do/the-work-we-do-hydrology-manual/

The City is located in Zone 7, and its storm drain pipe network is considered a secondary facility. Any connections to, additions, or upgrades to the City’s pipe network shall be designed in accordance with the manual. Calculations submitted for review/approval shall be presented in a format consistent with the “Calculation Form – District Rational Method” available in the manual. The calculations shall demonstrate adequate freeboard given the design storm event assuming all bioretention areas are overflowing. Said calculations shall be prepared, stamped, and signed by a California-licensed civil engineer. (Address this condition prior to plan approval)

78. SANITARY SEWER DESIGN STANDARDS: Connections to the City’s sanitary sewer network shall conform to Pleasanton Municipal Code Title 15 “Sewerage”. All buildings inhabited by human beings which are not more than 250 feet from the City’s sewer network shall be connected. All premises, parcels, and/or lots shall have independent connections to the City’s sewer network except under the following conditions:

If a private on-site treatment system has been authorized by both the City and Alameda County Department of Environmental Health.

If multiple premises are located on a single parcel or lot which cannot be subdivided and are all under one ownership.

Public sanitary sewer system shall be designed to satisfy the following minimum standards:
a. Minimum Manning Coefficient (n) within the pipe = 0.013 b. Minimum flow velocity = 2 feet per second at least once per day c. Maximum flow velocity = 10 feet per second
d. Maximum depth of flow to pipe diameter (d/D) = 0.75 for dry weather flow conditions
e. Minimum pipe sizes:
i. Laterals = 4 inches diameter
ii. Main = 8 inches diameter
iii. Force main = 6 inches diameter
f. Minimum slope per table:

Pipe size in diameter Minimum slope
4 inches 0.02 (lateral)
6 inches 0.005 (lateral)
8 inches 0.003

Ordinance No. 2284

10 inches 0.0025
12 inches 0.0020
15 inches or larger 0.0015

g. Maximum manhole spacing = 350 feet
h. Minimum curvature for curved sewer mains: 200 feet or not less than recommended by pipe manufacturer
i. Minimum pipe cover = 5 feet
j. Peaking factor shall be Peak Wet Weather Flow divided by Average Dry Weather k. flow (PF = PWWF/ADWF). Referring to the City’s Wastewater Master Plan from August 2007, PF shall be the average of the three events shown on Table 4.5 “Inflow and Infiltration Analysis” for each subbasin. The Basin I.D. is from Figure ES-3. Minimum allowable PF = 2.0.
l. Backflow prevention devices must be installed if the lowest plumbing fixture if the building is lower than the downstream cleanout overflow device or manhole to assure effluent discharge outside of the building in case the downstream pipe network becomes obstructed.
m. Fats, Oils, and Grease (FOG) controls: Discharge of FOG to the City’s sanitary sewer system shall conform to Pleasanton Municipal Code Chapter 15.44. In addition to other controls, a sampling manhole must be provided immediately downstream of any grease interceptor in accordance with City Standard Drawing 402.
(Address this condition prior to subdivision plan approval)

79. POTABLE WATER SYSTEM DESIGN STANDARDS: All permanent connections to the City’s potable water network shall conform to Pleasanton Municipal Code §14.04.050. Any required water pressure and/or flow needed by the applicant beyond that available from the network at the point-of-connection must be provided by the applicant as a private improvement on the customer side of the meter or backflow prevention device. All extensions or upgrades to the potable water network shall be designed to satisfy the following minimum standards:
a. Minimum number of valves:
i. 3 at cross intersections
ii. 2 at “T” intersections
iii. 500 feet maximum spacing
iv. 1 valve at each fire hydrant lateral
v. Pressure regulating valve station required between pressure zones b. Minimum number of fire hydrants (subject to approval by Livermore-Pleasanton Fire Department (LPFD) Fire Marshal:
i. 1 hydrant within 250 feet of any existing or proposed structure ii. 2 hydrants within 500 feet of any commercial, multi-family residential, industrial, or school building
c. Minimum pipe size: 8-inch diameter
d. Minimum depth of cover over pipe: 42 inches
e. Blowoff requirements:
i. At all dead ends whether temporary or permanent
ii. At all low points in the line
f. Maximum flow velocity: 10 feet per second (fps)
g. Minimum fire flows in gallons per minute (gpm):
i. 1,500 gpm for 2 hours (rural residential)
ii. 2,000 to 2,500 gpm for 2 hours (single family residential) iii. 2,500 gpm for 2 hours (multi-family residential)

Ordinance No. 2284

iv. 2,500 gpm for 2 hours (social/recreation)
v. 3,500 gpm for 2 hours (schools/commercial/public/institutional) vi. 4,000 gpm for 4 hours (industrial in the lower pressure zone only) vii. 5,000 gpm for 4 hours (industrial in all other pressure zones) h. Minimum pressures:
i. 40 psi (peak hour demand)
ii. 20 psi (maximum day demand plus fire flows)
(Address this condition prior to subdivision plan approval)

80. EXISTING WATER METER REMOVALS: The removal of existing water meters that will be permanently decommissioned shall be performed by City staff. The applicant shall contact the City’s Utility Billing Division at 925-931-5500 or [email protected] to initiate the meter removal process. Any outstanding water consumption charges must be paid in full prior to the meter removal as well as all fees associated with the disconnection. (Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit)

81. UTILITY ENCLOSURES: Proposed utility enclosures including vaults, meter boxes, splice boxes, and pedestals shall be installed in the public right-of-way, 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 subdivision improvement plan approval)

82. 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 point-of-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 subdivision improvement plan approval)

83. 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)

84. HAUL ROUTE: Deliveries to and from the project site shall conform to the Commercial Vehicle Regulations included in Pleasanton Municipal Code Chapter 11.48. Vehicles with gross weights exceeding 3 tons but less than 8 tons are prohibited on any City roadway other than those designated a Commercial Vehicle Route unless a Transportation Permit has first been obtained. Said Commercial Vehicle Routes include First Street, Stanley Boulevard, and Sunol Boulevard. In addition to weight restrictions,