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Agenda packet

Pleasanton City Council
October 15, 2024

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Agenda packet
Meeting
October 15, 2024
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Pleasanton City Council
Pages
218
Original file
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Text extracted from the city's file for reading and search. Open the original on pleasantonca.api.civicclerk.com. That file is the official record.

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, October 15, 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. 2024-062
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 September 12, 2024 and September 17, 2024

2. Adopt a resolution accepting and approving the Downtown Pleasanton Business Improvement District 2024 Annual Report and 2025 Budget and declaring the intent to levy the annual assessment for 2025
Community Development

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City Council Agenda Page 2 of 4 October 15, 2024

3. Actions of the Zoning Administrator and Planning Commission

4. Approve and authorize the City Manager to execute the funding agreement with the Federal Highway Administration for the Safe Streets and Roads for All - Planning and Demonstration Grant to develop the Pleasanton Travel Action Plan and approve budget amendments in the Miscellaneous CIP Grants Fund and General Fund

5. Adopt resolutions of local support and authorize staff to submit three applications to the Alameda County Transportation Commission for a total of $5,875,000 in funding from the 2026 Comprehensive Investment Plan for the West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514, the I-580 Overcrossing Bicycle and Pedestrian Improvements Project, CIP No. 22570, and the Santa Rita Road at Valley Avenue Intersection Improvement Project, CIP No. 20569

6. Public Hearing: Introduce an ordinance approving amendments to Chapters

17.38, 18.08, and 18.88 of the Pleasanton Municipal Code regarding density bonus and major transit stop as identified in State law [Case P24-0334] Finance

7. Accept the monthly disbursement and investment report for August 2024

8. Adopt a resolution to 1) Establish a convenience surcharge for credit card payments made to the City and 2) Update the indirect cost rate Library and Recreation

9. Adopt a resolution accepting $42,948 in grant funding for Adult Literacy Services from the California State Library for FY 2024/25
Public Works

10. Approve a professional services agreement with Pakpour Consulting Group, Inc. for construction management services for the not-to-exceed amount of $186,624 for the Near-Term Water Improvements Project, CIP No. 24172

11. Receive an update on Water System Activities

MEETING OPEN TO THE PUBLIC

12. Business Anniversary Recognition

13. Presentation of a proclamation recognizing November 1, 2024 as Diwali

14. Presentation of a proclamation recognizing October 2024 as Domestic Violence Awareness Month

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City Council Agenda Page 3 of 4 October 15, 2024

15. 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.

16. PG&E presentation on service reliability

17. Receive a presentation and provide input on Draft Amendments to Pleasanton Municipal Code (PMC) Chapter 17.44 - Inclusionary Zoning Amendments and Related Amendments to PMC Chapter 17.40 - Affordable Housing Fee, Chapter

18.38 - Housing Opportunity Zone District, and the Objective Design Standards for Housing Element Sites

18. Receive Economic Development Strategic Plan Implementation Update

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

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City Council Agenda Page 4 of 4 October 15, 2024

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.

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Item #1

CITY OF PLEASANTON

CITY COUNCIL

SPECIAL MEETING MINUTES
September 12, 2024

CALL TO ORDER
Mayor Brown called the meeting to order at the hour of 1:00 p.m. from the City Manager’s Conference Room located at 123 Main Street.

ROLL CALL

Present: Councilmembers Arkin, Testa, Mayor Brown

Absent: Councilmembers Balch, Nibert

1. PUBLIC COMMENT – None.

2. APPLICANT INTERVIEWS
• Energy and Environment Commission
• Economic Vitality Committee
• Library Commission
• Altamont Education Advisory Board
• Human Services Commission (youth)
• Youth Commission (youth)
The City Council conducted applicant interviews for the listed commissions and committees.

ADJOURNMENT – The meeting adjourned at 5:00 p.m.

Jocelyn Kwong
City Clerk

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Item #1

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, September 17, 2024
4:45 p.m.

CALL TO ORDER
The closed session special meeting was called to order at the hour of 4:45 p.m. from the City Council Conference Room located at 200 Old Bernal Ave.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert (via teleconference), Testa, Mayor Brown

Absent: None

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

ADJOURN TO CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
pursuant to paragraph (1) of subdivision (d) of Section 54956.9:

Case: Vedula v. City of Pleasanton; Alameda County Superior Court No. 23CV043189

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2)(d) of Government Code Section 54956.9: One potential case: See November 27, 2023 letter from Thomas B.

Mayhew and Charles J. Higley (attached)

ADJOURNMENT
The meeting was adjourned at 6:55 p.m.

Jocelyn Kwong, City Clerk

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City Council Minutes Page 1 of 3 September 17, 2024

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, September 17, 2024
7:00 PM

CALL TO ORDER
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 7:02 p.m. from the Council Chamber located at 200 Old Bernal Avenue.

Councilmember Balch provided opening remarks.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert (via teleconference), Testa, Mayor Brown

Absent: None.

REPORT ON CLOSED SESSION
City Attorney Sodergren stated there was no reportable action.

AGENDA AMENDMENTS
None.

CONSENT CALENDAR
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 consent calendar as recommended.

Motion passed by the following vote:

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

Absent: None
City Manager

1. Approve meeting minutes of August 20, 2024
Recommendation: Appro
ve meeting minutes of August 20, 2024.

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City Council Minutes Page 2 of 3 September 17, 2024
Community Development

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

Finance

3. Accept the monthly disbursement and investment report for July 2024 Recommendation: Accept claim disbursements in the amount of $35,781,443 and the investment report for the month of July 2024.

MEETING OPEN TO THE PUBLIC

4. Presentation of a proclamation recognizing September 17-23, 2024 as Constitution Week
Coun
cilmember Balch presented the proclamation to recipient Jill Z. representing the Daughters of the American Revolution.

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

Mayor Brown opened public comment. The following individuals provided comment: Marti Sutton, Christine Bourg, Vicki LaBarge, Doug Miller, Linda Garbarino, TJ McGrath and Craig Freeman.

Mayor Brown closed the public comment.

PUBLIC HEARINGS AND OTHER MATTERS

6. Receive an Update on the City Budget
Recommendation: Receive an update on state of the City’s finances to prepare for the development of the next two-year (FY 2025/26 and 2026/27) budget.

Presentation by Susan Hsieh, Finance Director and Gerry Beaudin, City Manager.

Mayor Brown opened public comment. The following individuals provided comment: Vicki LaBarge, Doug Miller.

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City Council Minutes Page 3 of 3 September 17, 2024
Mayor Brown closed the public comment.

Mayor Brown called a recess at 9:36 p.m. and reconvened at 9:44 p.m.

7. Receive Fiscal Year 2023/24 Library and Recreation Programs and Services Presentation
Recommendation: Receive Fiscal Year 2023/24 Library and Recreation programs and services presentation.

Presentation by Heidi Murphy, Library and Recreation Director.

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

MATTERS INITIATED BY COUNCIL
The City Council requested that the City Manager re-share the information pertaining to political signs with candidates.

COUNCIL REPORTS
Councilmembers reported on local and regional meetings attended.

ADJOURNMENT
Mayor Brown adjourned the meeting at 10:26 p.m.
______________________
Jocelyn Kwong, City Clerk

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Item #2

CITY COUNCIL AGENDA REPORT

October 15, 2024
City Manager

TITLE: ADOPT A RESOLUTION ACCEPTING AND APPROVING THE DOWNTOWN PLEASANTON BUSINESS IMPROVEMENT DISTRICT 2024 ANNUAL REPORT AND 2025 BUDGET AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR 2025

SUMMARY
The Downtown Pleasanton Business Improvement District (BID) assessment is collected annually as part of a three-step process described under State law. The City Council approved the first step on August 20, 2024, by appointing an advisory board to prepare the annual budget and report describing the programs and activities of the BID. The Downtown Pleasanton BID Advisory Board has submitted its year-to-date 2024 report and budget for 2025; the advisory board is recommending no modifications to the district boundaries and no change in the method of levying the assessment for 2025. Staff recommends the City Council approve the second step in the annual BID assessment process by accepting and approving the 2024 report and 2025 budget and setting a public hearing to consider assessment of the levy for November 19, 2024.

RECOMMENDATION
Adopt a resolution accepting and approving the Downtown Pleasanton Business Improvement District 2024 annual report and 2025 budget as prepared by the Advisory Board, and setting the public hearing date for November 19, 2024, to levy the annual assessment.

BACKGROUND
The Pleasanton Downtown Association (PDA) serves as the manager of the Downtown Pleasanton BID. At its November 19, 2019, meeting, the City Council approved renewal of a five-year agreement between the City and the PDA by which the City contributes funds to match the annual BID assessment revenue. These City funds are remitted to the PDA and used to conduct promotions, programs and activities that benefit downtown Pleasanton. The agreement requires the PDA to submit an annual budget to the City Council for review and consideration. The Downtown Pleasanton BID annual assessment revenue in 2025 is provisionally projected by City staff to be approximately $80,000. The assessment formula is based on the annual business license payment and is calculated as follows:
• businesses located curbside and downstairs on Main Street are assessed at two times (2X) their business license;
• businesses with a Main Street address located upstairs, or not curbside, are assessed at a rate of one and a half times (1½X) their business license; • all other businesses (those located off Main Street) pay an amount equal to one times

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(1X) their business license.

The minimum assessment is $50 and the maximum is $350. Non-profit businesses within the district are not assessed.

Per Chapter 3, Section 36530 of the Parking and Business Improvement Area Law of 1989, the City Council must complete the following three steps to levy the annual assessment for the Downtown Pleasanton BID:

1. Appoint an advisory board to prepare the annual budget with a report describing the programs and activities of the downtown business improvement district and the related funding sources. The report will outline any recommended changes to the boundaries of the district and/or the methodology of assessing each business;

2. Accept the report and budget and set a public hearing to levy the assessments;

3. Open and close the public hearing and adopt by resolution the assessments.

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

DISCUSSION
On August 20, 2024, the City Council appointed the members of the advisory board, which has since met and is recommending acceptance of the 2024 Annual report and the 2025 budget for the Downtown Pleasanton Business Improvement District assessments and other revenues, provided as Exhibit A. The report and budget contain the following required information:

1. Any proposed changes in the boundaries of the district. For 2025, there are no proposed boundary changes.

2. The activities to be funded during the calendar year, and an estimate of the cost of providing those activities.

3. The method of levying the assessment in sufficient detail to allow each business owner to estimate the amount to be levied against the business for the year. There are no proposed changes in the method of levying the assessment for 2025.

4. The amount of any surplus or deficit revenues carried over from a previous year.

5. Contributions to be made from sources other than the assessments levied.

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2024 Annual Report
The report illustrates the organization’s continued commitment to promoting the downtown with distinct marketing objectives, events, and member engagement. The PDA – which employed one interim executive director, one full-time events director, and one three-quarter time office and membership manager in 2024 – focused its time and resources to support the downtown businesses through communication, marketing, and community engagement.

The interim executive director and PDA Board members are committed to rebuilding and strengthening the organization despite economic challenges and prior changes in leadership.

The annual report highlights the PDA’s commitment to prioritizing the common goals and interests of the downtown businesses and strengthening connections with PDA members, and to marketing and communication efforts focused on promoting the downtown businesses, upcoming events, and issues facing the downtown. The PDA’s robust social media efforts are meeting goals to increase awareness of downtown businesses, events, and vitality with a significant following on its social media channels. The PDA worked closely with City staff on the closure of Main Street for First Weekends on Main and other events including Small Business Saturday, Forkful, wine strolls, and holiday events to activate the downtown. The PDA also announced a new partnership with the City in promoting Gift Pleasanton, the City’s e-gift card program, as downtown’s premier gift card to encourage local spending in Pleasanton.

Key priorities for the PDA include supporting downtown businesses through communication, marketing, and engagement, creating a positive downtown experience for all ages in the community, long-term organizational stability, and working with the City to evaluate the current business improvement district structure, which has been in place since 1989, and feasibility of a Property and Business Improvement District (PBID) formation.

2025 Budget
The 2025 PDA budget considers potential budget reductions which depend on future funding decisions by the City, including the possibility of no city match of assessments which would result in a PDA budget reduction of $80,000. This scenario would necessitate the elimination of one position, a savings of $61,000, plus additional reductions from seminar/conference attendance, adjusted cleaning services, and promotional items to committee and membership expenses, totaling $16,850. One positive cost reduction results from the transition of the downtown gift card to the City’s e-gift card program, equating to $4,500.

The PDA budget includes events planned during the year, which are projected to generate approximately 62 percent of the total 2025 revenue, up from 55 percent last year. The scheduled events and special promotions include a modified Concerts in the Park event series due to the Lions Wayside Park renovation, St. Patrick’s Day and Halloween Brew Crawls, Summer Wine Stroll, Forkful, Totally Mimosa, and Holiday Spirit Stroll. Additional family- focused events include the Bunny Hop Scavenger Hunt and Pumpkins on Main. Programming for First Weekends on Main will be dependent on the City’s funding of the street closures, but the PDA recommends three weekend closure events in June, July, and August.

Remaining income from the BID assessments, farmer’s market, corporate sponsors and miscellaneous sources generate the remaining 38 percent of the total 2025 revenue. The PDA expects to spend 99 percent of the budget, leaving about $3,450 as net income.

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City staff will meet with the PDA Executive Director and Executive Committee at the beginning and end of the fiscal year, with additional meetings as necessary, to ensure funding is spent as authorized by the terms of the agreement. A full financial audit will be required in preparation for developing and executing a new agreement.

On October 20, 2020, the City Council approved a temporary deferral of rent payments for one year for the PDA’s use of the City-owned building at 333 Division Street in downtown Pleasanton. The temporary deferral was due to the reduced revenue from temporary restrictions due to the COVID-19 pandemic. On October 19, 2021, the City Council approved an extension of the temporary deferral of rent payments for an additional 14 months through December 2022, after which PDA was to begin paying the deferred amount of $27,580.34, which includes a Consumer Price Index (CPI) adjustment, over 26 months. The 2025 budget reflects a total monthly rent payment of $1,492.45, which includes the deferred monthly payment of $383.06 and the regular monthly rent payment of $1,109.39.

Intent to Levy BID assessment for 2025
Adoption of the resolution included as Attachment 2 will accept the Downtown Pleasanton BID Advisory Board 2024 Annual Report and 2025 PDA Budget and set November 19, 2024, as the date of the public hearing to levy the BID assessment for 2024.

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 ONE Pleasanton strategic plan 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 property and business improvement district (PBID) 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 and parking lots, cleaning sidewalks, and additional garbage pickup.

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Prepared by: Submitted by: Approved by:

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

Gerry Beaudin, City
Manager

Attachments:

1. Resolution Accepting 2024 Annual Report & 2025 Budget of Downtown Pleasanton BID and Declaring to Levy 2025 Assessment and Setting Public Hearing

2. Exhibit A: 2024 Annual Report and 2025 Budget

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, ACCEPTING AND APPROVING THE 2024 ANNUAL REPORT AND 2025 BUDGET OF

THE DOWNTOWN PLEASANTON BUSINESS IMPROVEMENT DISTRICT ADVISORY

BOARD AND DECLARING THE INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR 2025 AND SETTING THE PUBLIC HEARING
WHEREAS, the City of Pleasanton has heretofore established a Pleasanton Downtown Business Improvement District, the purposes and boundaries of which are set forth in Chapter

5.28, Pleasanton Municipal Code; and
WHEREAS, the City of Pleasanton has heretofore appointed an Advisory Board for the Downtown Pleasanton Business Improvement District; and
WHEREAS, said Advisory Board has prepared a 2024 annual report and a 2025 budget which satisfies the statutory requirements of Streets and Highways Code §36533.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1:The report and budget of the Advisory Board attached as Exhibit A are accepted and approved.

SECTION 2: The City Council intends to levy and collect assessments within the District in 2024, for the proposed improvements and activities as provided in Chapter 5.28 of the Pleasanton Municipal Code.

SECTION 3: The public hearing on the levy of the proposed assessment for 2024 is set for Tuesday, November 19, 2024, at 7:00 p.m., at which time written or oral protests to the assessment may be made.

SECTION 4:As provided in §36534 of the Streets and Highways Code, the City Clerk shall notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the city not less than seven days before the public hearing.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a meeting held on the 15th day of October 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 meeting held on the 15th day of October 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________

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ATTACHMENT 1
Daniel G. Sodergren, City Attorney

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Report to City Council
2024 Review and 2025 Budget

STRUCTURE
The Downtown Pleasanton Business Improvement District (PDA) is a non-profit service organization comprised of all downtown businesses and dedicated to the ongoing revitalization of Pleasanton’s historic business district. The downtown business improvement district was created in 1984 by the Pleasanton City Council under the provisions of California Business Improvement District/Area law.

The current assessment formula is based on the annual business license payment: businesses located curbside, downstairs on Main Street are assessed at a rate of two times their business license; businesses with a Main Street address located upstairs, or not curbside, are assessed at a rate of one and a half times their business license; all other businesses (those located off Main Street) pay an amount equal to their business license. The minimum assessment is $50 and the maximum is $350. Non- profit businesses do not pay an assessment to the PDA. No changes in the district’s assessment formulas or the boundaries of the district are recommended for 2025 since the City is currently undergoing an update of the BID structure.

The district currently includes approximately 600 members. Those members elect and are represented by a 13-member Board of Directors, where, as dictated by the PDA’s By-Laws, no more than three directors may represent any one segment of the membership, but the board must include two property owners and two retailers/restauranteurs.

In accordance with the City and PDA agreement, the PDA has created an organizational structure that is modeled on the guidelines recommended by the National and California Main Street Programs. The PDA has been, once again, designated as a 2024 Accredited Main Street America™ program. Accredited status is Main Street America’s top tier of recognition and signifies a demonstrated commitment to comprehensive commercial district revitalization and proven track record of successfully applying the Main Street Approach™.

Areas of focus are:

Organization: The Organization Committee, known at the PDA as the Executive Committee, is made up of the five officers of the Board of Directors – President, President- Elect, Past President, Secretary and Treasurer. While the Board of Directors takes a broad

EXHIBIT A

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approach, the Executive Committee focuses more closely on the operations of the PDA:
financial oversight, personnel issues, budget, and insurance. Continuing to rebuild the PDA’s operating bandwidth and financial reserves post-pandemic are on-going priorities for the Executive Committee.

Promotion/Events & Marketing : The PDA’s Marketing Committee currently includes several board members, and is engaged in the execution of PDA marketing/event objectives, plans, and activities to take full advantage of new opportunities post-pandemic. These include continuation of a ro bust social media plan, refreshment of the PDA website, growing our much-loved events and creating new events to engage our community’s changing demographic and to bring new foot traffic to Downtown.

Downtown Vitality & Design Review Committee: The PDA’s Downtown Vitality and Design Review Committee currently includes numerous board members along with many PDA members and is engaged in ongoing conversations and programming focusing on Downtown’s economic vitality and growth. Responsibilities such as sign and design approval, collaboration with City staff on planning and design issues, and beautification are ongoing. New initiatives include development of a PDA Retail Working Group, working with the Pleasanton chapter of Tri-Valley Restaurant Group, and development of new programs to benefit all PDA members, including our commercial businesses and businesses located on 2nd floor Main and our side streets. This committee also oversees our Downtown Beautification awards and our annual Walk-Along to identify any needed maintenance issues and to work closely with the responsible parties to ensure these issues are addressed in a timely manner.

2024 Review

The PDA has spent the bulk of 2024 strengthening our programming, building strong relationships with local partners and stakeholders, engaging with our incredible members and property owners, and working to bring back pre-pandemic programs and events. We are, as always, extremely grateful for the support of the City of Pleasanton and the ongoing partnerships that strengthen our Downtown as a whole.

2024 required a large amount of organizational restoration. The impacts of the past few years continue to be felt deep in the PDA and have affected every facet of the organization, from our leadership, our finances, and our programming. We are so pleased with our continued progress to not only recover, but to rebuild in a manner that will better suit our membership and Downtown. While looking to restore past events & programming, we are also challenging ourselves to ask, “what’s next?” and “what’s best?” for Downtown. We want to remain a cutting-edge Downtown focused on innovative marketing, crowd pleasing events and an eye to moving Downtown forward, while always maintaining our historic charm and the warmth that endears Downtown Pleasanton to residents and visitors.

Our PDA mission remains at the forefront of our efforts, to promote the economic vitality and hometown character of downtown Pleasanton.

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Despite the ongoing economic challenges and an unfortunate change of leadership, the PDA continues to stand up for the common goals and common interests of a very diverse membership of Downtown businesses. We continue to have a goal to be visible, accessible, and remind our businesses that the PDA is here for them. We want to be a one-stop-shop for Downtown businesses for any questions, concerns, struggles they may have and to serve as a megaphone to amplify their successes! We have actively worked to advocate for our Downtown and for our businesses and this is always at the forefront of our priorities.

We are so happy with the success, thus far, of the continually evolving 1st Weekends on Main.

There are many opinions in Downtown and the PDA’s goal is to find a healthy balance that acknowledges the unique desires of our businesses in balance with the requests from the community. We are so pleased with the success of the three 1st Weekends on Main in 2024. We had phenomenal attendance, we added a new event, Totally Mimosa, and focused on marketing our businesses throughout these weekends.

We are so happy to now be a partner with the City of Pleasanton in promoting Gift Pleasanton.

Due to a significant price increase in the PDA’s Gift Card program from our vendor, the Board made the decision to discontinue our gift card program and, instead, join forces with the City. It has proven to be a great decision and we look forward to continued joint efforts to add more Downtown Pleasanton businesses as participants and encourage the entire City (and beyond!) to Gift Pleasanton for every occasion.

The PDA is proud of our Social Media efforts and our ability to amplify the marketing efforts of our Downtown businesses and provide marketing and promotions to support them throughout the year. Our Social Media channels continue to be strong and effective and have grown significantly over the past year, with a combined reach of over 55,000 unique followers.

Our Facebook following of 29,710 is nearly triple of the combined following of the City of Pleasanton, InPleasanton.com and Pleasanton Weekly pages (11,700 total). With personal and community-focused content, the PDA’s social media continues to be a highly visible and well- engaged space where the community comes to talk about all things Downtown and to learn about the newest businesses, upcoming events and issues affecting our Downtown.

The PDA website continues to receive our attention as we work to make it easy to navigate and full of relevant and current Downtown information. Our continued focus is to constantly improve the user experience for our website visitors, provide better exposure for our businesses and to better reflect the charm and beauty of Downtown. We are extremely pleased with the results and happy to report that our web traffic has increased significantly this year.

2024 has seen the continued growth of events in Downtown! Through the hard work of our Events Director and wonderful support from our businesses and Board of Directors we have hosted March Brew Crawl, Summer Wine Stroll, Totally Mimosa, a full season of Concerts in the Park, a summer of 1st Weekends on Main and Forkful back so far and look forward to hosting Halloween Brew Crawl, Magical Holiday Evening, Small Business Saturday and Holiday Spirit

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Stroll later this year. These events are wonderful ways to bring residents, guests & visitors to Downtown and introduce them to all that we have to offer. They also serve as key fundraisers for the PDA. We are also once again hosting two beloved Children’s Events, with Bunny Hop successfully welcoming 1200+ children in April and Pumpkins on Main being planned for October.

2025 BUDGET

Determining our 2025 budget has proven challenging as we are aware that significant changes may occur based on whether or not Measure PP passes in November. We have already begun cutting our expenses in anticipation of potential changes and negative impacts to our funding.

In years past our total budgeted assessment revenue and City matching funds have been projected to be $160,000. This includes the 100% match from the City of Pleasanton. Our 2025 budget reflects NO match, resulting in a projected decrease of $80,000 in funding from the City of Pleasanton. This will mark the first time in PDA history that the City has not matched the BID revenues. This change will have a dramatic impact on the services the PDA can provide to the Downtown business district.

The 2024 budget included a full-time Executive Director, full-time Events Director, and full- time Operations Director. We will be eliminating the Operations Director position before the end of 2024 and will not have the budget to replace this position in the coming year.

In October 2020, City Council approved the PDA rent to the City of Pleasanton deferral through December 2021. The PDA continues to pay rent to the City, plus the additional deferral amount of $383.06 each month. Our rent has increased each year based on the CPI- adjusted rate. Any increase to the PDA’s rent in 2025 will be extremely hard for our budget to absorb in light of the funding cuts we are already facing.

The PDA is extremely event-dependent for ongoing operational funding, and this will be amplified in 2025. Event income will become even more critical for our organization, and we will need to be very cognitive of what events are income producing for the PDA. Our 2025 Event Calendar also considers the decrease in staffing and how many events we will be able to produce with 33% less staff. We will also have to significantly limit the number of Concerts in the Park in 2025 due to the construction scheduled for Wayside Park. This will have a negative impact on our budget as well since we will lose sponsorships for the concerts in June & July 2025.

Despite the challenges that lie ahead, the PDA is committed to moving forward with the best interests of Downtown Pleasanton and the incredible businesses within the district at the forefront of our decision making.

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9-19-24

2025 BUDGET – SUPPLEMENTAL INFORMATION
Due to a variety of factors, the PDA’s revenue is currently down $52,000 YTD from our budgeted projections. In 2025 we are prepared to lose $80,000 in funding from the City of Pleasanton while also incurring new, direct expenses that we have not faced in previous years. This includes the possibility of having to pay for street closures which are projected at $17,000 each. As we look into 2025 and understand the reality of the financial climate of the City and our community, we are making dramatic changes to our budget and the structure of the PDA in order to remain operational and supportive of the Downtown businesses & district.

1. STAFFING – This is our largest expense and where the greatest potential savings can be seen, with changes. Here is the current pay rate for each position, projected pay rate for 2025 and the potential savings in 2025.

Position 2024 2025
Executive Director $102,000 $114,000
Events Director $70,000 $82,000
Operations Director $85,000 $0
TOTAL SAVINGS IN 2025: (-$61,000)
BUDGET IMPACT: The Operations Director position will be eliminated in 2024 which will save $85,000 in the 2025 budget. All duties/responsibilities will be shifted to the Executive Director and Events Director. A minor salary increase for each of these positions is recommended in light of the loss of a full-time employee and the increased workload for these two positions. Total savings is $61,000 for 2025.

2. EXPENSE CUTS – Our expenses are minimal, but we must look for cuts wherever possible. We are cutting deep into our expenses for 2025 and getting down to bare

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bones while committed to providing a high quality of engagement and services to the businesses & community we serve. Dollar figure indicates annual savings.

1. Seminars/Conferences – Eliminate expense - $750

2. Office Cleaning Service – Move to monthly service (from every other week) - $600

3. Promotional Items – Eliminate expense - $2500

4. Committee Expenses – Eliminate expenses - $4000

5. Gift Card Program – Program has ended - $4500

6. Meals – Decrease from $2500 to $500 - $2000

7. Membership Mixers – Eliminate expense - $2500

3. Events – Unfortunately, it is not financially possible for the PDA to continue with 1st Weekends on Main programming in light of our projected funding levels. If funding changes and the PDA & City can work together to find a solution, the PDA recommends three 1st Weekends on Main in 2025 (June, July & August). This will need to be decided by February 2025 in order to meet the deadline for Street Closure approval.

As we move into 2025, staff will continue to discuss ways to reduce expenses while focusing on income-generating sources such as Farmers Market and Corporate Sponsorships.

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PDA 2025 BUDGET - DRAFT
INCOME
City Contract $80,000
Farmers Market 14000
Miscellaneous 7500
Corp. Sponsors 35000
TOTAL INCOME $136,500

EVENT INCOME
Concerts in the Park 4000
Halloween Brew Crawl 55000
St. Patricks Day Brew Crawl 55000
Summer Wine Stroll 50000
Forkful 15000
Totally Mimosa 15000
Holiday Spirit Stroll 32000
TOTAL GROSS EVENT REVENUE 226000
GROSS INCOME 362,500

EXPENSE
Annual Meeting 500
Board Expense 500
Dues & Subscriptions 5000
Licenses & Permits 1000
Marketing 10000
Member Expense 500
Insurance 30000
Meals 250
Misc 1000
Office Cleaning 1800
Office Supplies 7000
Outside Services 3000
Payroll Expenses
Executive Director 114000
Events Director 85000
Bookkeeping 12000
Payroll Taxes & Expenses 10000
Pest Control 900
Postage & Delivery 500
Event Expenses
Concerts in the Park 4000
Halloween Brew Crawl 7500
St. Patricks Brew Crawl 7500
Summer Wine Stroll 6500
Last Update - 9-19-24

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PDA 2025 BUDGET - DRAFT
Forkful 9000
Totally Mimosa 6500
Holiday Spirit Stroll 5000
Rent & Covid Rent Deferral 19000
Repairs & Maintenance 2000
Telephone/Internet/Alarm 6000
Volunteer Expenses 100
Website/Email 3000
TOTAL EXPENSES 359,050.00
NET INCOME 3,450.00
Last Update - 9-19-24

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Item #3

CITY COUNCIL AGENDA REPORT
October 15, 2024
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING

COMMISSION
P24-0498, Vinay Kumar
Application for Administrative Design Review approval to construct an approximately 91-square-foot addition to the rear of the existing residence and modify an existing trellis located at 6122 Allbrook Circle.

Project Information:

Existing floor area: 2,326 square feet
Total floor area with addition: 2,417 square feet
Lot size: 8,441 square feet
Existing floor area ratio: 27.56 percent
Total floor area ratio with addition: 28.63 percent
Approved. (11 days)
P24-0516, Ken Leung/Belinda Leung
Application for Administrative Design Review approval to repaint the exterior, modify second-floor windows and add a tile inset on the front of the existing residence located at 1976 Armando Court.

Approved. (11 days)
P24-0517, Gregory Kirk
Application for Administrative Design Review approval to construct an approximately 319-square-foot single-story addition to an existing residence located at 4614 Second Street.

Project Information:

Existing floor area: 2,241 square feet
Total floor area with addition: 2,560 square feet
Lot size: 9,276 square feet
Existing floor area ratio: 24.16 percent
Total floor area ratio with addition: 27.6 percent
Approved. (11 days)

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P24-0422, Dzanela Husic
Application for Design Review approval to replace existing equipment within the carwash and install new concrete ramps, entry gate, POS system, cameras, and vacuums on the exterior building and parking stalls at an existing gas station and carwash located at 1875 Valley Avenue.

Approved. (0 days)
P24-0533, GADI Construction
Application for Administrative Design Review approval to construct an approximately 890-square-foot pavilion with a maximum height of 14 feet 8 inches in the rear yard located at 1012 Shotwell Ct.

Approved. (15 days)
P24-0562, Jeff Harteau/ J. Allen Builders
Application for Administrative Design Review approval to extend an existing pavilion with a maximum height of approximately 12 feet in the side yard of an existing residence located at 303 Neal Street.

Approved. (8 days)
P24-0501, Salil Bidaye
Application for Administrative Design Review approval to construct an approximately 473-square-foot single-story addition on the northwest side of the home at 3721 Rocky Mountain Court.

Project Information:

Existing floor area: 1,574 square feet
Total floor area with addition: 2,047 square feet
Lot size: 6,618 square feet
Existing floor area ratio: 23.78 percent
Total floor area ratio with addition: 30.93 percent
Approved. (18 days)
Prepared by: Submitted by: Approved by:

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

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Item #4

CITY COUNCIL AGENDA REPORT

October 15, 2024
Community Development

TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE FUNDING

AGREEMENT WITH THE FEDERAL HIGHWAY ADMINISTRATION FOR THE

SAFE STREETS AND ROADS FOR ALL - PLANNING AND DEMONSTRATION

GRANT TO DEVELOP THE PLEASANTON TRAVEL ACTION PLAN AND

APPROVE BUDGET AMENDMENTS IN THE MISCELLANEOUS CIP GRANTS

FUND AND GENERAL FUND

SUMMARY
On June 20, 2023, the City Council authorized staff to submit an application to the United States Department of Transportation (US DOT), Federal Highway Administration (FHWA), for the Safe Streets and Roads for All (SS4A) Planning and Demonstration Grant. In December 2023, the US DOT awarded $240,000 to the City to develop the Pleasanton Travel Action Plan (PTAP). The grant supports agencies in planning, infrastructure implementation, and operational improvements to prevent death and serious injury on roads for all modes of transportation.

The SS4A grant provides 80 percent of the total project cost, while awardees are required to provide the remaining 20 percent as a local fund match. The US DOT will provide $240,000 and the City’s local match is $60,000, for total project funding of $300,000.

RECOMMENDATION
• Approve and authorize the City Manager to execute the funding agreement with the Federal Highway Administration for the Safe Streets and Roads for All - Planning and Demonstration Grant to develop the Pleasanton Travel Action Plan • Approve budget amendments in the Miscellaneous CIP Grants Fund to appropriate $240,000 in grant revenue and appropriate a corresponding $240,000 in expenditures to the Pleasanton Travel Action Plan Project
• Approve a budget amendment in the General Fund to reallocate $60,000 in existing Professional Services budget to the Pleasanton Travel Action Plan Project.

BACKGROUND
The goal of the SS4A Grant is to help agencies prevent roadway deaths and serious injuries for all roadway users, including pedestrians, bicyclists, public transportation users, motorists, and micro-mobility users. The SS4A Grant supports elements of the US DOT’s Safe System Approach with objectives that produce safer people, safer roads, safer vehicles, safer speeds, and post-crash care. The SS4A grant requires a 20 percent local fund match of the total cost to complete the project.

Typically, State DOTs or Regional Congestion Management Agencies are the delegated

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agencies that administer federal funds to local agencies. The SS4A Grant is unique in that the program is set up for grant recipients to work directly with the US DOT in managing and administering the project and grant funds.

Staff submitted the grant application in July 2023. In December 2023, the US DOT awarded the City $240,000 to develop the PTAP. Grant agreement work with the West Coast office of US DOT began in earnest in March 2024; a draft of the agreement was sent to the US DOT headquarters in May 2024. In August 2024, US DOT headquarters approved the draft agreement for execution. The grant agreement is between the City and the Federal Highway Administration, a department of US DOT.

DISCUSSION
The PTAP will be a comprehensive transportation safety action plan that will also satisfy eligibility requirements for future federal and state transportation funding opportunities, such as the Highway Safety Improvement Program, One Bay Area Grant, Active Transportation Program, and SS4A Implementation grants. This unifying document will take the spirit, policies, and concepts from Complete Streets, Vision Zero, and All Ages and Abilities design to develop recommended improvements to the transportation system.

Staff recommends the City Council authorize the City Manager to execute the attached funding agreement which outlines the responsibilities, milestones, and requirements of both the US DOT and City to ensure successful delivery of the PTAP. The agreement also outlines the total cost of $300,000 to complete the PTAP, with $240,000 in SS4A Grant funding, and a required 20 percent local City match of $60,000. The $60,000 in local match is budgeted and available in the Traffic Engineering Professional Services account.

Next Steps
Upon execution of the agreement, staff will advertise a Request for Proposals to solicit specialized professional service support to develop the PTAP. Once a firm has been selected, staff will return to the City Council to seek authorization for the professional services agreement.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic goals of Funding Our Future, Strategy 2 - Identify expanded and new revenue sources to address significant infrastructure needs, and Investing in Our Environment, Strategy 7 - Continue to invest in parks, bicycle, and pedestrian infrastructure, and public art. The PTAP is now a requirement to qualify for state and federal funding; this action will allow the City to maintain eligibility for future significant grant funding in support of planned capital improvement projects.

FISCAL IMPACT
The total cost to develop the PTAP is projected to be $300,000. The US DOT will provide

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$240,000 (80 percent of the project cost) and the City will contribute $60,000 (20 percent required local fund match). Funding for the $60,000 local match is budgeted and available in the Traffic Engineering Professional Services account.

Prepared by: Submitted by: Approved by:

Cedric Novenario, Senior
Transportation Engineer
Ellen Clark, Director of Community
Development

Gerry Beaudin, City
Manager

Attachments:

1. Funding Agreement for the Federal Highway Administration Safe Streets and Roads for All - Planning and Demonstration Grant

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1. Federal Award No.
693JJ32540127

2. Effective Date
See No. 16 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Pleasanton
123 Main Street
Pleasanton, CA 94566

Unique Entity Id.: ZQLCND5KBU99
TIN No.: 946000397

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 24
months

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:

$240,000
$60,000
$0
$0
$300,000

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure
Investment and Jobs Act (Pub. L. 117–58,
November 15, 2021; also referred to as the
“Bipartisan Infrastructure Law” or “BIL”)

10. Procurement Request No.

HSA240342PR

11. Federal Funds Obligated
$240,000.00

12. Submit Payment Requests To
See Article 5.

14. Description of the Project
Pleasanton Travel Action Plan

13. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.55920000

00. 41010.61006600

RECIPIENT

15. Signature of Person Authorized to Sign

___________________________________
Signature Date Name: Gerry Beaudin
Title: City Manager

FEDERAL HIGHWAY

ADMINISTRATION

16. Signature of Agreement Officer

______________________________________
Signature Date Name: Bob Brown
Title: Agreement Officer

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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM

This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Pleasanton (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Pleasanton Travel Action Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government- wide integrity and performance system.

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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: Pleasanton Travel Action Plan
Application Date: July 7, 2023

2.2 Award Amount.

SS4A Grant Amount: $240,000

2.3 Federal Obligation Information.

Federal Obligation Type: Single

2.4 Budget Period.

Budget Period: See Block 6 of Page 1

2.5 Grant Designation.

Designation: Planning and Demonstration
ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The Pleasanton Travel Action Plan will review crash data to identify engineering and non-infrastructure. recommendations to enhance safety for travelers utilizing the City’s transportation network. The PTAP will address multiple needs to evaluate crash history, collaborate among stakeholders, and update the active transportation network. The PTAP will provide a single planning document that addresses eligibility needs for the Highway Safety Improvement Program (HSIP), the California Active Transportation Program (ATP), and implementation projects funded by the SS4A program. The PTAP will meet requirements for a Local Roadway Safety Plan (LRSP) and update the existing City of Pleasanton Bicycle & Pedestrian Master Plan (BPMP), adopted 2018. Preparation of the PTAP will develop capital projects and programs to reduce traffic crash fatalities and serious injuries on all City public roads, while addressing the 5 E’s of transportation safety:

Engineering, Enforcement, Education, Emergency Services, and Equity. A dedicated Stakeholder Working Group (SWG) will be assembled consisting of multidisciplinary partners with overlapping interest in transportation safety.

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3.2 Project’s Estimated Schedule.

Action Plan Schedule

Milestone Schedule Date
Planned NEPA Completion Date: On or before the award date Planned Draft Plan Completion Date: 15 months
Planned Final Plan Completion Date: 18 months
Planned Final Plan Adoption Date: 22 months
Planned SS4A Final Report Date: 24 months

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $240,000
Other Federal Funds: $0
State Funds: $0
Local Funds: $60,000
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $300,000
ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient Contact(s).

Cedric Novenario
Senior Transportation Engineer
City of Pleasanton
200 Old Bernal Avenue
925-931-5667
[email protected]

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4.2 Recipient Key Personnel.

Name Title or Position
Cedric Novenario Senior Transportation Engineer

4.3 USDOT Project Contact(s).

Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-366-2822
[email protected]

and

Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-493-2402
[email protected]

and

Division Administrator – California
Agreement Officer’s Representative (AOR)
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5001
[email protected]

and

Maria Bhatti
California – Division Office Lead Point of Contact
Safety Program Manager
650 Capitol Mall, Ste. 4-100
916-498-5002
[email protected]

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ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO ”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction.

In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre -approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF- 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Fede ral share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient

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shall contact the Division Office Lead P oint of Contact for instructions on and requirements related to pursuing a waiver.
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.

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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Pleasanton, California – City Wide
Baseline Measurement Date: NA
Baseline Report Date: NA
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Equity

Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
Within 120 days
after the end of the
period of
performance
Costs

Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations

Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance

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ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table align with the application:

A racial equity impact analysis has been completed for the Project.

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project.

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation.

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation.

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities.

The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

X
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

The United States Census Bureau’s OnTheMap online tool identifies low-income workers in Pleasanton demonstrating the benefit to underserved community members. The tool aggregates census data for viewing and reviewing demographics of workers employed within the City and travel within the proposed project area. A work Area Profile Report was generated for All Jobs for All Workers within the City of Pleasanton earning $1,250 per month or less in 2020. A salary of $1,250 per month equates to less than the State of California threshold for disadvantaged community members which is 80% of the median household income. The report indicates a share of sixteen percent (16%) of the City’s working population, or 9,780 individuals, are underserved community members. The PTAP will develop Equity-driven programming and infrastructure treatment recommendations to enhance transportation safety benefiting this underserved population within the City. Enhancing safety for modes of transportation not requiring ownership of a personal vehicle, such as bicycling, walking and transit, supports equity through low cost transportation mobility and access to employment, education, healthcare, and recreation.

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ATTACHMENT D

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table align with the application:

The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions.

The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions.

The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions.

The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities.

The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand.

The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions.

The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both.

The Project supports the installation of electric vehicle charging stations.

The Project promotes energy efficiency.

The Project serves the renewable energy supply chain.

The Project improves disaster preparedness and resiliency

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity.

The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm.

The Project supports or incorporates the construction of energy- and location- efficient buildings.

The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both.

The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.

X
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below.

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The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The USDOT’s Equitable Transportation Community (ETCT) Explorer is an interactive dashboard created to understand how a community or project area is experiencing transportation disadvantage compared to all other Census Tracts nationally. The City of Pleasanton scores disadvantaged among four of the forty indicators used to develop the five components. The four indicators include Annualized Disaster Losses (under Climate & Disaster Risk Burden), PM2.5 and Hazardous Sites Proximity (under Environmental Burden), and Limited English Proficiency (under Social Vulnerability). The PTAP-identified transportation improvements will reduce environmental burdens
citywide by enhancing low-emission modes of transportation such as walking, bicycling, and transit. The enhancements will thereby benefit the population living with highest exposure by reducing burden levels and exposures. See the attached map showing the results of the ETCT mapping in the City of Pleasanton.

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ATTACHMENT E

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:

The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards.

The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project.

The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project.

The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project.

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor- management training programs.

The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking.

The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups.

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The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.

The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards.

X
The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City of Pleasanton will hire a consultant to develop and complete the Pleasanton Travel Action Plan. The development of the plan is anticipated to last up to two years, thus creating jobs.

Additionally, as part of the Pleasanton Travel Action Plan, there will be preliminary engineering design level plans for some locations. The City will complete those design plans by preparing Plans, Specifications & Estimates package for public construction bid. The construction of safety improvements identified in the Pleasanton Travel Action Plan will create local jobs.

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ATTACHMENT F

CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425).

2. Supporting Narrative.

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Item #5

CITY COUNCIL AGENDA REPORT

October 15, 2024
Community Development

TITLE: ADOPT RESOLUTIONS OF LOCAL SUPPORT AND AUTHORIZE STAFF TO

SUBMIT THREE APPLICATIONS TO THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION FOR A TOTAL OF $5,875,000 IN FUNDING FROM THE 2026 COMPREHENSIVE INVESTMENT PLAN FOR THE WEST LAS POSITAS BOULEVARD MULTIMODAL RECONSTRUCTION PROJECT, CIP NO. 11514, THE I-580 OVERCROSSING BICYCLE AND PEDESTRIAN
IMPROVEMENTS PROJECT, CIP NO. 22570, AND THE SANTA RITA ROAD AT VALLEY AVENUE INTERSECTION IMPROVEMENT PROJECT, CIP NO. 20569

SUMMARY
The Alameda County Transportation Commission (Alameda CTC) issued a Notice of Funding Opportunity (NOFO) to solicit applications for the 2026 Comprehensive Investment Plan (CIP).

The 2026 CIP includes a total of $100 million in combined Alameda CTC-administered discretionary local funding sources, including Measures B and BB, Vehicle Registration Fee (VRF), and Transportation Fund for Clear Air (TFCA). Applications are due at 5:00 PM on October 31, 2024.

Staff recommends submitting three applications to the Alameda CTC for funding: the West Las Positas Boulevard Multimodal Reconstruction Project (phase 2 - between Stoneridge Drive and Santa Rita Road), CIP No. 11514, in the amount of $2,000,000; the I-580 Overcrossing Bicycle and Pedestrian Improvements Project, CIP No. 22570, in the amount of $1,875,000; and the Santa Rita Road at Valley Avenue Intersection Improvements Project, CIP No. 20569, in the amount of $2,000,000.

RECOMMENDATION
Adopt resolutions of local support and authorize staff to submit three applications to the Alameda County Transportation Commission for a total of $5,875,000 in funding from the 2026 Comprehensive Investment Plan for the West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514, the I-580 Overcrossing Bicycle and Pedestrian Improvements Project, CIP No. 22570, and the Santa Rita Road at Valley Avenue Intersection Improvement Project, CIP No. 20569.

BACKGROUND
Alameda CTC’s CIP is a near-term strategic programming document through which funding sources administered by Alameda CTC are consolidated and programmed through a single programming cycle. Alameda CTC’s funding sources for the 2026 CIP Cycle are: Measure B, Measure BB, Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA).

The CIP’s purpose is to strategically program available funds toward transportation investments that support the vision and goals of the Alameda CTC’s Countywide Transportation Plan, multi-modal plans, and voter-approved transportation expenditure plans.

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More specifically, the 2026 CIP’s focus is to provide for safety enhancements, focus on countywide bike and pedestrian high injury network, and support priority development areas, equity priority communities, and transit priority areas.

DISCUSSION
In the 2024 CIP Cycle, $179 million in funding was available, which included federal funds from One Bay Area Grant in addition to local discretionary funds. In that cycle, the City was awarded $9,000,000 for the West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514, for the section of West Las Positas Boulevard between Hopyard Road and Stoneridge Drive.

The amount available for the 2026 CIP is $100 million. The minimum request for Capital Improvement projects is $500,000 and the maximum request is $2,000,000. A minimum 25 percent local match is required for each phase (design, construction) of the project requested.

The 2026 CIP will program funds between fiscal years 2025/26 and 2029/30.

Agencies are limited to three applications for the 2026 CIP. A resolution of local support is required for each application. Staff recommends submitting three applications for the projects outlined below. There is no limit or minimum on the number of awarded applications for each jurisdiction; it is subject to the quality of applications and how they rank and score against applications submitted by other agencies and jurisdictions. The City may be awarded any, all, or none of the applications submitted; should any award be made to the City, staff would request City Council approval of the necessary funding agreement(s) and appropriation of the necessary local match funding in order to move forward with acceptance of the award of 2026 ACTC CIP funds.

Project 1: West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514
The 2022 West Las Positas Bikeway Feasibility Study outlined three focus areas to help prioritize project implementation:
• Focus Area 1 – Foothill Road to Hopyard Road
• Focus Area 2 – Hopyard Road to Santa Rita Road
• Focus Area 3 – Santa Rita Road to Boardwalk Street.

Focus Area 2 was determined to be the highest priority. In July 2024, the City Council approved a contract amendment with Mark Thomas and Co. to complete 100 percent design for the West Las Positas project from Hopyard Road to Stoneridge Drive, which is part of Focus Area 2. The roadway improvements include protected intersections at Owens Drive and West Las Positas Boulevard, elevated bike lanes, reconstructed medians, and new sidewalks on the south side of the roadway. To complete the bikeway improvements in Focus Area 2, staff recommends applying for funding from the Alameda CTC 2026 CIP.

The projected cost for design and construction for this section of West Las Positas Boulevard between Stoneridge Drive and Santa Rita Road is $6,000,000. The total request for 2026 CIP funds is the maximum-allowed submittal of $2,000,000. Should the Alameda CTC award 2026 CIP funds to the City, staff present a funding agreement and seek City Council authorization for any necessary budget actions including appropriation of funds necessary for local match,

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and amendments to revenue and expenditure budgets to account for the grant funding. Any required local match is subject to City Council approval.

Project 2: I-580 Overcrossing Bicycle and Pedestrian Improvements Project, CIP No. 22570
This project ranks as Priority #3 in the City's Bicycle and Pedestrian Master Plan. The project aims to create safer bicycle and pedestrian facilities for traveling to and from Pleasanton and Dublin on the I-580 overcrossings at Hopyard Road, Hacienda Drive, and Santa Rita Road.

The proposed bicycle and pedestrian improvements include buffered bicycle lanes, rectangular flashing beacons at each unsignalized crosswalk, upgraded accessible curb ramps, high visibility crosswalks, and a pedestrian hybrid beacon at the multilane uncontrolled crossing on Santa Rita Road.

Caltrans approval is required for planned improvements on these overcrossings, which will be achieved through the Permit Engineering Evaluation Report (PEER). This process is intended to streamline the Caltrans review of projects funded by others (in this case, the City) by reducing the number of steps in the project development process. The PEER process is available for projects that are between $1,000,000 and $3,000,000.

The projected project cost for design and construction of this project is $2,500,000. The total request for 2026 ACTC CIP funds is $1,875,000. Staff recommends using current TDA Article III funds for the local match for the design phase and the existing Highway Safety Improvement Program grant for a portion of the construction phase local match requirement. Remaining local match funding to complete construction of the project would require additional City Council action to approve the allocation.

Project 3: Santa Rita Road at Valley Avenue Intersection Improvement Project, CIP No. 20569
The intersection of Santa Rita Road and Valley Avenue is a vital intersection that connects to nearby schools, shopping, and to regional connections to Stanley Boulevard and I-580. Santa Rita Road is identified as an opportunity corridor for bicycle and pedestrian improvements in the Bicycle and Pedestrian Master Plan. This intersection has also been at the top of the city’s collision list (i.e., experienced the highest number of collisions) for the past several years. This project will improve existing bicycle facilities and create new bicycle facilities for all intersection approach and departure legs. This project will also design and construct a third southbound left turn and a second westbound left turn. This work will improve the overall safety and operation of the intersection for pedestrians, bicyclists, and motorists.

The estimated project cost for design and construction of this project is $5,100,000. The total request for 2026 ACTC CIP funds is $2,000,000. The City will be required to provide a total of $3,100,000 in future funds to satisfy the required local match and complete funding for the project. Should the Alameda CTC award 2026 CIP funds to the City for this project, staff will present a funding agreement and seek City Council authorization for any necessary budget actions including appropriation of funds.

Project Eligibility
The proposed projects for the 2026 ACTC CIP must meet key eligibility requirements for project submission:

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• Projects must be included in the 2020 Countywide Transportation Plan project listings (10-year priority, 30-year priority, or Programmatic Projects) • Bike projects must demonstrate a direct benefit to the Countywide Bikeways Network and meet Alameda CTC’s All Ages and Abilities Policy
• Projects must demonstrate a public benefit towards enhancing, building, and maintaining the multimodal transportation infrastructure in Alameda County • Projects may include new or upgraded bicycle/pedestrian facilities, bicycle lane striping, designated pedestrian path markings, signage/signals, bicycle parking, street reconfigurations, street closures, and bicycle/pedestrian safety improvements.

The Alameda CTC anticipates announcing funding awards in May 2025.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic goals of Funding Our Future, Strategy 2 - Identity expanded and new revenue sources to address significant infrastructure needs and Investing in Our Environment, Strategy 1 - Implement the four-year CIP to complete design and construction of budgeted capital projects. This action will allow the opportunity for the City to receive significant new grant funding in support of planned capital improvement projects.

FISCAL IMPACT
With City Council authorization, staff will submit three 2026 CIP applications from the City to the Alameda CTC requesting:
• $2,000,000 for West Las Positas Boulevard Multimodal Reconstruction Project (between Stoneridge Drive and Santa Rita Road), CIP 11514 • $1,875,000 for the I-580 Overcrossing Bicycle and Pedestrian Improvements, CIP 22570
• $2,000,000 for Santa Rita Road at Valley Avenue Intersection Improvement, CIP 20569

The minimum request amount for a project is $500,000 and the maximum request is $2,000,000. A 25 percent local match is required for each project phase (design phase and construction phase). Awarded projects will be allocated funds across fiscal years 2025/2026- 2029/2030. Below is a breakdown of proposed project funding and allocation years.

Project 1: West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514
The total project cost for design and construction of the West Las Positas Boulevard Multimodal Reconstruction Project (Stoneridge Drive to Santa Rita Road) is $6,000,000. This

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proposed project is outside the limits of the current phase of design and construction for corridor improvements for the West Las Positas Boulevard Multimodal Reconstruction Project (Hopyard Road to Stoneridge Drive).

Design FY 25/26 FY 26/27
2026 ACTC CIP Request $750,000 -
Local Match - Future Funding
(subject to Council approval)
$250,000 -
Construction FY 25/26 FY 26/27
2026 ACTC CIP Request - $1,250,000
Local Match - Future Funding
(subject to Council approval)
- $3,750,000
Total $1,000,000 (Design) $5,000,000 (Construction)

Project 2: I-580 Overcrossing Bicycle and Pedestrian Improvements Project, CIP No. 22570
The total project cost for design and construction of the I-580 Overcrossing Bicycle and Pedestrian Improvements Project is $2,500,000.

Design FY 25/26 FY 26/27
2026 ACTC CIP Request $525,000 -
Local Match - Existing TDA
Article III
$175,000 -
Construction FY 25/26 FY 26/27
2026 ACTC CIP Request - $1,350,000
Local Match - Existing
Highway Safety Improvement
Program Grant
- $250,000
Local Match - Future Funding
(subject to Council approval)
- $200,000
Total $700,000 (Design) $1,800,000 (Construction)

Project 3: Santa Rita Road at Valley Avenue Intersection Improvement Project, CIP No. 20569
The total project cost for design and construction of the Santa Rita Road at Valley Avenue Intersection Improvements Project is $5,100,000.

Design FY 25/26 FY 26/27

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2026 ACTC CIP Request $765,000 -
Local Match - Future Funding
(subject to Council approval)
$255,000 -
Construction FY 25/26 FY 26/27
2026 ACTC CIP Request - $1,235,000
Local Match - Future Funding
(subject to Council approval)
- $2,845,000
Total $1,020,000 (Design) $4,080,000 (Construction)

Should the Alameda CTC award 2026 CIP funds to the City, staff will present a funding agreement and seek City Council authorization for any necessary budget actions including appropriation of funds necessary for local match, and amendments to revenue and expenditure budgets to account for the grant funding. Potential funding sources for local match include Traffic Impact Fee Fund, Measure BB Fund, and TDA Article III Grant Fund. Any required local match is subject to City Council approval.

Prepared by: Submitted by: Approved by:

Cedric Novenario, Senior
Transportation Engineer
Ellen Clark, Director of Community
Development

Gerry Beaudin, City
Manager

Attachments:

1. Resolution of Local Support – West Las Positas Multimodal Reconstruction Project (Stoneridge Drive to Santa Rita Road), CIP No. 11514

2. Resolution of Local Support – I-580 Overcrossing Bicycle and Pedestrian Improvements, CIP No. 22570

3. Resolution of Local Support – Santa Rita Road at Valley Avenue Intersection Improvements, CIP No. 20569

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO

AUTHORIZE THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION-ADMINISTERED FUNDING FOR THE

WEST LAS POSITAS MULTIMODAL RECONSTRUCTION PROJECT
(STONERIDGE DRIVE TO SANTA RITA ROAD), CIP NO. 11514 AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCES TO COMPLETE THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“Alameda CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and
WHEREAS, the Alameda CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and
WHEREAS, City of Pleasanton (“Applicant”) is the project sponsor for West Las Positas Multimodal Reconstruction Project (Stoneridge Drive to Santa Rita Road), CIP No. 11514 (“Project”); and
WHEREAS, the Project will implement a protected intersection at Owens Drive and West Las Positas Boulevard, elevated bike lanes, reconstructed medians, and new sidewalk on the south side of the roadway; and
WHEREAS, as the Project Sponsor, Applicant has the legal authority to apply for funding for Project and plans to submit a 2026 CIP application (“Application”) to Alameda CTC for $2,000,000; and
WHEREAS, there are no legal impediments to Applicant applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed Project or the ability of Applicant to deliver such Project; and WHEREAS, Applicant authorizes the City Manager or designee to execute and file an application with Alameda CTC for discretionary Alameda CTC Administered Funds for the Project as referenced in this Resolution; and WHEREAS, as part of the requirements to apply and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:

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1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (“Agreement”) with Alameda CTC, and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. Applicant is committed to deliver the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant is committed to secure matching funds as proposed in the Application required for awarded Alameda CTC Administered Funds, by phase; and

6. Applicant is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the PROJECT that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between Applicant and Alameda CTC; and

9. Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Applicant is authorized to file an Application to Alameda CTC for funding for the Project.

SECTION 2. Applicant hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Applicant’s ability to implement and deliver the proposed Project.

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SECTION 3. Applicant authorizes the City Manager or designee to execute the funding Agreement with Alameda CTC.

SECTION 4. Applicant shall provide Alameda CTC with a fully executed copy of this Resolution concurrently with submittal of the Application.

SECTION 5. Applicant, by adopting this resolution, hereby confirms that:

1. Applicant will commit to implementing the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the application; and

3. Applicant understands it will enter into an Agreement with Alameda CTC, and will comply with the Agreement’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. Applicant commits to delivering the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase in the amount(s) of $250,000 for the design phase and $3,750,000 for the construction phase anticipated to be from City Traffic Impact Fees and local source(s); and

6. Applicant will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between Applicant and Alameda CTC; and

9. Applicant will comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on the 15th day of October, 2024.

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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 15th day of October, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney

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ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO

AUTHORIZE THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION-ADMINISTERED FUNDING FOR THE I- 580 OVERCROSSING BICYCLE AND PEDESTRIAN IMPROVEMENTS
PROJECT, CIP NO. 22570 AND COMMITTING ANY NECESSARY MATCHING

FUNDS AND STATING ASSURANCES TO COMPLETE THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“Alameda CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and
WHEREAS, the Alameda CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and
WHEREAS, City of Pleasanton (“Applicant”) is the project sponsor for I-580 Overcrossing Bicycle and Pedestrian Improvements Project, CIP No. 22570 (“Project”); and
WHEREAS, the Project will implement buffered bicycle lanes, rectangular flashing beacons at each unsignalized crosswalk, upgraded accessible curb ramps, high visibility crosswalks, and a pedestrian hybrid beacon at the multilane uncontrolled crossing on Santa Rita Road; and
WHEREAS, as the Project Sponsor, Applicant has the legal authority to apply for funding for Project and plans to submit a 2026 CIP application (“Application”) to Alameda CTC for $1,875,000; and
WHEREAS, there are no legal impediments to Applicant applying for funding and there is no active, pending, or threatened litigation that may adversely affect the proposed Project or the ability of Applicant to deliver such Project; and WHEREAS, Applicant authorizes the City Manager or designee to execute and file an application with Alameda CTC for discretionary Alameda CTC Administered Funds for the Project as referenced in this Resolution; and WHEREAS, as part of the requirements to apply and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:

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1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (“Agreement”) with Alameda CTC, and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. Applicant is committed to deliver the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant is committed to secure matching funds as proposed in the Application required for awarded Alameda CTC Administered Funds, by phase; and

6. Applicant is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC -funded phase(s) will be shared proportionally between Applicant and Alameda CTC; and

9. Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Applicant is authorized to file an Application to Alameda CTC for funding for the Project.

SECTION 2. Applicant hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Applicant’s ability to implement and deliver the proposed Project.

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SECTION 3. Applicant authorizes the City Manager or designee to execute the funding Agreement with Alameda CTC.

SECTION 4. Applicant shall provide Alameda CTC with a fully executed copy of this Resolution concurrently with submittal of the Application.

SECTION 5. Applicant, by adopting this resolution, hereby confirms that:

1. Applicant will commit to implementing the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the application; and

3. Applicant understands it will enter into an Agreement with Alameda CTC, and will comply with the Agreement’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. Applicant commits to delivering the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase in the amount(s) of $175,000 for the design phase and $450,000 for the construction phase anticipated to be from state and local source(s); and

6. Applicant will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC -funded phase(s) will be shared proportionally between Applicant and Alameda CTC; and

9. Applicant will comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on the 15th day of October, 2024.

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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 15th day of October, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney

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ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO

AUTHORIZE THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION-ADMINISTERED FUNDING FOR THE

SANTA RITA ROAD AT VALLEY AVENUE INTERSECTION IMPROVEMENT PROJECT, CIP NO. 20569 AND COMMITTING ANY NECESSARY MATCHING

FUNDS AND STATING ASSURANCES TO COMPLETE THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“Alameda CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and
WHEREAS, the Alameda CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and
WHEREAS, the City of Pleasanton (“Applicant”) is the project sponsor for the Santa Rita Road at Valley Avenue Intersection Improvement Project, CIP No. 20569 (“Project”); and
WHEREAS, the Project will improve existing bicycle facilities and create new bicycle facilities for all intersection approaches and departure legs. This project will also design and construct a third southbound left turn and a second westbound left turn; and WHEREAS, as the Project Sponsor, Applicant has the legal authority to apply for funding for Project and plans to submit a 2026 CIP application (“Application”) to Alameda CTC for $2,000,000; and
WHEREAS, there are no legal impediments to Applicant applying for funding and there is no active, pending, or threatened litigation that may adversely affect the proposed Project or the ability of Applicant to deliver such Project; and WHEREAS, Applicant authorizes the City Manager or designee to execute and file an application with Alameda CTC for discretionary Alameda CTC Administered Funds for the Project as referenced in this Resolution; and WHEREAS, as part of the requirements to apply and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:

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1. Applicant will implement the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and

3. Applicant understands it will enter into a Project Funding Agreement (“Agreement”) with Alameda CTC, and will comply with the Agreement’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. Applicant is committed to deliver the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant is committed to secure matching funds as proposed in the Application required for awarded Alameda CTC Administered Funds, by phase; and

6. Applicant is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC -funded phase(s) will be shared proportionally between Applicant and Alameda CTC; and

9. Applicant is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Applicant is authorized to file an Application to Alameda CTC for funding for the Project.

SECTION 2. Applicant hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Applicant’s ability to implement and deliver the proposed Project.

SECTION 3. Applicant authorizes the City Manager or designee to execute the funding Agreement with Alameda CTC.

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SECTION 4. Applicant shall provide Alameda CTC with a fully executed copy of this Resolution concurrently with submittal of the Application.

SECTION 5. Applicant, by adopting this resolution, hereby confirms that:

1. Applicant will commit to implementing the Project as described in the Application; and

2. Applicant will have adequate staffing resources to deliver and complete the Project within the time period identified in the application; and

3. Applicant understands it will enter into an Agreement with Alameda CTC, and will comply with the Agreement’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. Applicant commits to delivering the Project consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the Project; and

5. Applicant will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase in the amount(s) of $255,000 for the design phase and $2,845,000 for the construction phase anticipated to be from City Traffic Impact Fee source(s); and

6. Applicant will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and

7. Applicant understands that Alameda CTC Administered Funds awarded to the Project are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and

8. Applicant understands that any cost savings in the Alameda CTC -funded phase(s) will be shared proportionally between Applicant and Alameda CTC; and

9. Applicant will comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on the 15th day of October, 2024.

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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 15th day of October, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney

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Item #6

CITY COUNCIL AGENDA REPORT

October 15, 2024
Community Development

TITLE: PUBLIC HEARING: INTRODUCE AN ORDINANCE APPROVING AMENDMENTS TO CHAPTERS 17.38, 18.08, AND 18.88 OF THE PLEASANTON MUNICIPAL

CODE REGARDING DENSITY BONUS AND MAJOR TRANSIT STOP AS
IDENTIFIED IN STATE LAW [CASE P24-0334]

SUMMARY
In September 2023, the City Council reaffirmed its adoption of the City’s 6th Cycle (2023-2031) Housing Element. Accordingly, the City is initiating amendments to the municipal code to implement goals, policies, and programs of the Housing Element, to align with State law as it relates to the State housing density bonus, and to provide clarification to the definition of “major transit stop.”

RECOMMENDATION
Introduce an ordinance approving amendments to Chapters 17.38, 18.08, and 18.88 of the Pleasanton Municipal Code regarding density bonus and major transit stop as identified in State law [Case P24-0334].

BACKGROUND
State Density Bonus
To align with updates to the State density bonus law (Government Code §65915 et seq.), Program 2.7 of the adopted Housing Element indicates the City will amend the affordable housing density bonus provisions of the Pleasanton Municipal Code (PMC), and Policy 11 of the General Plan Land Use Element. The amendments proposed in Attachment 1 are to the PMC only; staff proposes to modify the General Plan in conjunction with other amendments to the Land Use Element to allow for comprehensive review and discussion.

The City adopted a density bonus ordinance in 2013 as an implementation action of the 4th Cycle Housing Element, which was adopted in 2012. Since that time, State law regarding density bonuses has been modified significantly and the City’s density bonus ordinance, codified in PMC Chapter 17.38, is inconsistent with the current provisions of State law.

Therefore, the proposed amendments as identified in Attachment 1 delete the majority of the existing text within Chapter 17.38 and replace it with updated text that is consistent with (i.e., no more permissive or restrictive than) State law.

Major Transit Stop
Various sections of State law use the term “major transit stop” to identify a public transit stop which location is the basis for the application of certain standards, most often prohibition of minimum parking requirements. While "major transit stop" is a term specifically defined in the State Public Resources Code, the proposed amendments to the PMC are to provide more clarity on the point(s) from which the radius is measured and to address parcels that may be

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partially in the radius (e.g., once a half-mile radius around the major transit stop is drawn, how to treat a parcel that may be only partially located in the radius).

BOARD/COMMITTEE/COMMISSION ACTION
At its September 11, 2024, meeting, the Planning Commission voted 5-0 to recommend PMC amendments related to the density bonus and major transit stop, modified as follows:
incorporating the revised language provided by staff in a supplemental memo, and including the existing language related to conflict of interest in the density bonus ordinance in the revised ordinance.

At the September 11 meeting, the Planning Commission meeting discussed an additional item related to the separate conveyance of accessory dwelling units (ADUs). Pursuant to Assembly Bill 1033, the City has the option to adopt an ordinance allowing separate conveyance of ADUs, and a Planning Commissioner had requested staff agendize a discussion of adopting such a provision. While not included in the City Council's requested actions as part of this agenda report, the Planning Commission recommended the City Council consider directing staff to draft an ordinance regarding separate conveyance of ADUs. Staff will present this matter to the City Council at a future date. See Attachment 3 for excerpted minutes of the Planning Commission meeting. More immediately, staff is advancing the municipal code amendments regarding density bonus and major transit stop to the City Council for action at this meeting.

DISCUSSION
The proposed text amendments attached to this report are to update the City’s density bonus ordinance and to establish parameters for measurement from a transit stop.

State Density Bonus Law
State density bonus law (SBDL) is intended to incentivize the production of dwelling units that are affordable to moderate- and lower-income households, seniors, students, foster youth, formerly homeless persons, or disabled veterans within new housing developments of at least five units, including mixed-use developments, new subdivisions, or common interest developments. The SDBL is a tool for developers to obtain greater density for projects that provide affordable dwelling units and is intended to reduce project costs and financing sources using economies of scale (i.e., a greater number of units on a parcel reduces the cost to develop each unit, creating greater feasibility to provide affordable units). Incentives and waivers are used to accommodate modifications to a local jurisdiction’s development requirements as a means of reducing costs and to physically accommodate a residential project to improve its feasibility.

Developers have the option to invoke or request use of the SDBL. A project that qualifies for a density bonus may receive the following:
• Density Bonus: An increase above the maximum allowed density permitted in the General Plan Land Use Element. The amount of the bonus is set on a sliding scale based on the percentage of affordable units at each income level • Incentives/Concessions: Modifications to regulatory or development standards that result in “actual and identifiable” cost reductions to provide for affordable housing costs or rents
• Waivers: Modifications to development standards that would physically prevent the

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construction of a housing development at the density permitted with a density bonus and any concessions
• Parking Ratios: Defined parking ratios in State law that apply to the residential use within a qualifying project, which are lower than current PMC ratios.

The SDBL requires local governments to adopt an ordinance to specify how it will implement the SDBL. In other words, the statute only requires that the local ordinance describe the local government’s procedures to request and process a density bonus request from an applicant.

The specific requirements and prescriptive parameters (e.g., number of bonus units) set forth under State law apply to any project within the jurisdiction and would supersede any more restrictive local regulations. Additionally, a jurisdiction that does not adopt a local density bonus ordinance is not relieved from complying with the SDBL requirements.

Due to the most recent updates to State law, and as a result of many cities updating their respective municipal codes, ABAG-MTC provided a model ordinance to Bay Area cities to assist in meeting Density Bonus requirements in local ordinances. The draft modifications in Attachment 1 are based on the model ordinance and would supersede the entirety of the existing language in PMC Chapter 17.38. Since most of the law related to Density Bonus is prescribed by State law - meaning the City does not have latitude or flexibility in how it implements the ordinance - the amendments seek to refer to State law and provide parameters only for elements where jurisdiction-specific latitude is allowed, such as submittal requirements. Further, staff proposes update to sections that would benefit from reference to current State law (e.g., definition of “childcare facility” is proposed to mirror the State Health and Safety Code).

Major Transit Stop
State law in various sections refers to the term “major transit stop” typically to provide alternative (most often reduced) requirements for development standards (e.g., parking, density maximum, maximum permitted height). For example:
• Senate Bill 35: Government Code §65913.4 et seq provides that a jurisdiction is not allowed to impose parking standards for a proposed multifamily development submitted for streamlined review under SB35 if it is located within one-half mile of public transit. • Assembly Bill 2097: Government Code §65863.2 et seq prohibits a jurisdiction from imposing or enforcing parking requirements on a residential, commercial, or other development project if it is located within one-half mile of public transit.

• Senate Bill 9: Government Code §65852.21 et seq provides that housing developments proposed in accordance with SB9 are not required to provide any parking if located within a half-mile walking distance of a high-quality transit corridor or a major transit stop or within one block of car share (whereas one parking space per dwelling unit could otherwise be required).

• Density Bonus: Government Code §65915 et seq provides that a project applicant may request that the City not require on-site parking that exceeds certain ratios in State law, irrespective of parking minimums in the municipal code. Additionally, if the project contains a certain number of affordable units and is located within one-half mile of a

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major transit stop, the City cannot require more than 0.5 parking spaces per unit. If the project is 100 percent affordable and located within one-half mile of a major transit stop, no parking spaces may be required at all. With respect to 100 percent affordable projects located within one-half mile of a major transit stop under the SDBL, there is no maximum density and a height increase of up to three stories or 33 feet must be granted upon request as a regulatory concession.

• Accessory Dwelling Units: Government Code §66321 et seq provides that accessory dwelling units (ADUs) may be as tall as 18 feetif located within one-half mile walking distance of a major transit stop or high-quality transit corridor as defined in the Public Resources Code, whereas other ADUs are limited to 16 feet in height. When an ADU is located within one-half mile walking distance of public transit, no parking requirements may be imposed.

• Historic Properties: Health and Safety Code §18962 et seq provides that a development project designated as a historical resource (i.e., a structure or property officially designated on a local register of historical resources, the California Register of Historical Resources, or the National Register of Historic Places) that is being converted or adapted to a residential use and located within one-half mile of a major transit stop as defined in the Public Resources Code is not required to provide a greater number of parking spaces than that which existed on the project site at the time the project application was submitted.

As seen in the examples from State law above, parking standards are often reduced for projects within a one-half mile of a major transit stop. Regional policy guidance from ABAG- MTC also specifies standards for certain projects within one-half mile from major transit locations that must be met to qualify for certain regional grant funding.

The proposed amendments related to major transit stops are intended to mirror the definition of "major transit stop" in State law (as amended to be in effect on January 1, 2025) and provide clarity on how the measurement should be taken (i.e., from a single point or a radius around the subject parcel). Recent guidance from ABAG-MTC for implementation of a regional policy indicates the measurement for the radius should be taken from a single point at the center of the subject station, and the amendments propose a similar approach. Attachment 2 provides maps of the half-mile radius around the two BART stations and the ACE train station.

Aside from this more recent direction from ABAG-MTC, when the City has implemented various sections of State law that refer to a certain distance from a transit stop it has also measured from a single point; therefore, the proposed text amendments codify the City’s current practice, which is consistent with guidance from ABAG-MTC for purposes of regional transit-oriented projects. The amendments further propose that if a project site is only partially within the radius measurement, a project is considered to be within the radius if all parcels comprising the project have at least 75 percent of their area within the radius, and if residential units are proposed, at least 90 percent of the residential units or 100 units, whichever is less, comprising the project are within the radius. Therefore, parcels that are partially within the radius may be relieved from parking requirements only if they meet the above criteria.

EQUITY AND SUSTAINABILITY
The amendments to the Pleasanton Municipal Code are within the scope of the 2023-2031

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(6th Cycle) Housing Element Update Environmental Impact Report (State Clearinghouse No. 2022040091) certified by the City Council on January 26, 2023 by Resolution No. 23-1357.

The proposed amendments do not result in new significant effects beyond those analyzed in the Final EIR. The proposed amendments are also exempt from CEQA review pursuant to CEQA Guidelines Section 15268 in that the amendments are necessary to conform to and implement the ministerial approval processes mandated by State law (e.g., Government Code Section 65915; Public Resources Code Section 21155), and CEQA Guidelines Section15061(b)(3) in that there is no possibility the activity will have a significant effect on the environment.

OUTREACH
Notice of this item has been published in The Valley Times in advance of this City Council meeting. At the time this report was prepared, staff has not received comments regarding the proposed code amendments.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Building a Community Where Everyone Belongs as it directly supports Strategy 6, which aims to Implement the 2023-2031 Housing Element and develop a plan to end homelessness to meet State requirements and provide opportunities for additional housing and shelter in the community.

GENERAL PLAN CONFORMITY
The amendments are also consistent with the City’s General Plan, which includes the following goals and policies :

Housing Element
Goal 1
Provide sufficient sites for housing development to accommodate Pleasanton’s share of the regional housing need.

Housing Element
Goal 2
Use a range of tools and methods to facilitate housing production, reflecting a range of housing types, sizes, affordability levels, and tenure, and provide access to housing opportunities that meet the diverse needs of the community
Housing Element
Program 2.7
Amend the affordable housing density bonus provisions of the Pleasanton Municipal Code (Chapter 17.38, Density Bonus), as well as General Plan Land Use Element Policy 11 to align with state density bonus law as it has been amended in recent years. The City will continue to apply current State law even before local amendments are adopted.

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

Prepared by: Submitted by: Approved by:

Shweta Bonn, Senior
Planner
Ellen Clark, Director of Community
Development

Gerry Beaudin, City
Manager

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Attachments:

1. Ordinance with Housing Element Municipal Code amendments V4

2. Maps showing both BART stations and ACE station, with one-half mile radius

3. Draft Excerpted Action Minutes for the September 11, 2024, Planning Commission meeting

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING AMENDMENTS TO CHAPTERS 17.38 AND 18.08, AND 18.88 OF THE PLEASANTON

MUNICIPAL CODE REGARDING DENSITY BONUS AND MAJOR TRANSIT STOP AS IDENTIFIED IN STATE LAW, AS FILED UNDER CASE P24-0334
WHEREAS, the City’s Housing Element, which was adopted by City Council on January 26, 2023, was found in compliance with housing element law on August 25, 2023, by the California Department of Housing and Community Development and subsequently re-adopted by City Council on September 19, 2023, provides that the City will amend the affordable housing density bonus provisions to align with State Density Bonus Law, as stated in Program 2.7; and
WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, require a city to provide a developer that proposes a housing development within the jurisdictional boundaries of that city containing affordable and other types of housing with a density bonus and other incentives; and
WHEREAS, California Government Code Section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the City’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law, numerous changes to State Density Bonus Law; and WHEREAS, the City proposes to codify a method to measurement from a major transit stop for purposes of implementing various sections of State law; and WHEREAS, on September 11, 2024, the Planning Commission following notification to the public in the prescribed manner, conducted a public hearing, considered the written agenda report, public testimony, related project materials, and staff recommendations, and has reviewed the proposed amendments to the Pleasanton Municipal Code, has found that the proposed amendments are consistent with goals and policies of the City’s General Plan and recommended that the City Council adopt the municipal code amendments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.Finds that the amendments to the Pleasanton Municipal Code are within the scope of the 2023-2031 (6th Cycle) Housing Element Update Environmental Impact Report (State Clearinghouse No. 2022040091) certified by the City Council on January 26, 2023 by Reso No. 23-1357.

The proposed amendments do not result in new significant effects beyond those analyzed in the Final EIR. The City Council further finds that the proposed amendments are exempt from CEQA review pursuant to: CEQA Guidelines Section 15268 in that the amendments are necessary to conform to and implement the ministerial approval processes mandated by State law (e.g., Government Code Section 65915; Public Resources Code Section 21155); CEQA Guidelines Section 15061(b)(3) in that there is no possibility the activity will have a significant effect on the environment.

SECTION 2.Approves amendments to Chapters 17.38 and 18.08, and 18.88 of the Pleasanton Municipal Code regarding density bonus and major transit stop as identified in State law, as filed under Case P24-0334.

ATTACHMENT 1

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SECTION 3.A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.

SECTION 4. This ordinance shall be effective thirty (30) days after its passage and adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on October 15, 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

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P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 1

EXHIBIT A
TITLE 17

PLANNING AND RELATED MATTERS
Chapter 17.38

AFFORDABLE HOUSING DENSITY BONUS
Sections

17.38.010 Purpose.

17.38.020 Definitions.

17.38.030 Application requirements.

17.38.040 Review process.

17.38.050 Affordability requirements.

17.38.060 Density bonus calculations.

17.38.070 Development standards.

17.38.080 Density bonus for commercial development.

17.38.090 Conflict of interest.

17.38.100 Interpretation.

17.38.010 Purpose.

In accordance with Government Code Sections 65915, et seq., this chapter specifies how compliance with state density bonus law will be implemented. Specifically, the purpose of this chapter is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this chapter, it is also the intent of the city to implement the goals, objectives, and policies of the city’s housing element of the general plan.

17.38.020 Definitions.

The definitions found in state density bonus law shall apply to the terms contained in this chapter. “Incentives” include “concessions” as defined in state density bonus law.

The following terms are defined for purpose of this chapter:

A. "Affordable units” means the proposed housing units available for rent or sale to households pursuant to the state density bonus law, as set forth in Government Code section 65915 subdivision (b), as may be amended.

B. “Base units” means the total number of units in a housing development, not including units added through a density bonus pursuant to this chapter.

C. "Child care facility" means a child day care facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of

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P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 2
daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes.

D. “Concession” shall have the same meaning as the term “concession or incentive” pursuant to the state density bonus law, as defined in Government Code section 65915 subdivision (k), as may be amended.

E. “Density bonus” means a density increase over the otherwise maximum allowable residential density for a housing development as of the date the application is deemed complete, as prescribed by Government Code section 65915, as may be amended, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

F. “Housing development” shall have the same meaning as the term “housing development” pursuant to the state density bonus law, as defined in Government Code section 65915 subdivision (i), as may be amended.

G. “Identifiable and actual cost reduction to provide for affordable housing cost” means a reasonably quantifiable cost reduction that would be achieved for a housing development through a concession.

H. “Reasonable documentation to establish eligibility for a concession” means a credible written explanation or other documentation demonstrating to the reasonable satisfaction of the Planning Director or designee that a concession will achieve an identifiable and actual cost reduction to provide for affordable housing cost.

I. "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units, as defined in the Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5.

J. “State density bonus law” means Government Code Section 65915, et seq, as the same may be renumbered or amended.

17.38.030 Application Requirements.

A.An applicant for a “housing development” as defined in state density bonus law shall be eligible for a density bonus and other regulatory benefits that are provided by state density bonus law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65915.5, or successor provisions. The density bonus calculations shall be made in accordance with state density bonus law.

B.The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

C.All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Director of Community Development, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

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P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 3
D.The application shall include the required fee and the following minimum information:

1. For a requested density bonus.
a. A project summary table demonstrating the basis under the state density bonus law on which the applicant is requesting a density bonus, including the maximum allowable density permitted by the zoning and general plan designations excluding any density bonus; base units; proposed number of affordable units by income level; proposed bonus percentage; total number of dwelling units; residential gross floor area and total gross floor area proposed; density per acre; proposed number of parking spaces; and unit and bedroom counts and unit types for the purpose of calculating parking requirements;
b. A preliminary site plan, drawn to scale, showing the number and location of all proposed units;
c. A legal description of the site;
d. A boundary survey;
e. An identification of the maximum density bonus to which the housing development is entitled on the basis requested;
f. An identification of any concession(s) sought and reasonable documentation consisting of a detailed written statement to establish eligibility for the concession(s); g. An identification of any waiver(s) sought and a detailed written explanation of why the development standard from which any waiver is sought would have the effect of physically precluding the construction of the housing development at the density and with any concession(s) or parking ratio reduction sought. h. If the housing development is proposed on any property that includes a parcel or parcels with existing dwelling units or dwelling units that have been vacated or demolished in the five-year period preceding the application, an explanation of how the project meets the state density bonus law’s replacement housing requirements, if applicable, set forth in Government Code section 65915 subdivision (c)(3), as may be amended.
i. If the density bonus or concession requested is based all or in part on the inclusion of a child-care facility, a written summary addressing the eligibility requirements pursuant to state density bonus law, as set forth in Government Code section 65915 subdivision (h), as may be amended, have been met.
j. If the density bonus or concession is based all or in part on the inclusion of affordable units as part of a condominium conversion, written summary addressing the eligibility

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requirements pursuant to state density bonus law, set forth in Government Code section 65915.5, as may be amended, have been met.
k. If the density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements pursuant to state density bonus law, set forth in Government Code section 65915 subdivision (g), as may be amended, can be met. l. A marketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units. For a housing development with 15 dwelling units or more, the density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the affordable housing units.

2.Requested incentives. Incentives are those defined by state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
a. The city usual regulation and the requested regulatory incentive or concession. b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents. c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3.Requested waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel (if applicable), the city required development standard and the requested development standard.

4.Parking reductions. If a housing development is eligible for a density bonus pursuant to state density bonus law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under state density bonus law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5.Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

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6.Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

17.38.040 Application review process.

A. All requests under state density bonus law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of chapter 18.144 of this code and shall include all requests under state density bonus law if appeals are authorized for the discretionary or ministerial permit applied for.

B. To ensure that an application for a housing development conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state density bonus law, as applicable:

1. The housing development provides the housing required by state density bonus law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by Government Code Section 65915(c)(3).

2. If applicable, the housing development provides the housing required by state density bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

6. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

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1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law; or

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

E. If a child care center complies with the requirements of Government Code Section 65915(h), the decision- making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the city already has adequate child care facilities.

F. A request for minor modification of an approved density bonus may be granted by the Director of Community Development, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

17.38.050 Affordability requirements.

A. Affordable rental units provided by a housing development to meet state density bonus law requirements shall be subject to an affordable housing agreement recorded against the housing development for at least a 55-year term or as required by chapter 17.44, commencing upon the issuance of certificates of occupancy.

The form of the affordable housing agreement shall be approved by the city attorney.

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B. For-sale affordable units provided by a housing development to meet state density bonus requirements shall be subject to a recorded affordable housing agreement approved as to form by the city attorney commencing upon the issuance of certificates of occupancy. The affordable housing agreement shall, at a minimum, require that:

1.Each for-sale affordable unit shall be sold to an income qualified household at an affordable housing cost, as defined in the affordable housing agreement; and

2.Each for-sale affordable unit shall be sold to the initial purchaser subject to a recorded resale restriction agreement approved as to form by the city attorney, which shall:
a. Have no less than a 45-year term or as required by chapter 17.44 of this title if required by another public financing source or law;
b. Restrict the resale price of the unit to an affordable housing cost, as defined in the resale restriction agreement; and
c. Require that if the unit is sold to a subsequent purchaser during the term of the agreement, the purchaser shall purchase the unit subject to a resale restriction agreement approved as to form by the city attorney with a new 45-year term or longer if required by another public financing source or law.

17.38.060 Density bonus calculations.

A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

D. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law, units added by a density bonus are not included in the calculations. Any on-site units shall satisfy the city’s inclusionary housing requirements in chapter 17.44.

Payment of fees in lieu of providing affordable units under chapter 17.44 does not qualify a housing development for a density bonus.

E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by state density bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under state density bonus law.

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F. Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

17.38.070 Development standards.

A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

B. All units provided as density bonus units shall comply with the development standards set forth in Section

17.44.050 of this code.

17.38.080 Density bonus for commercial development.

A. The following definitions shall apply to this Section 17.38.080:

1. “Commercial development” means a development project for nonresidential and nonindustrial uses.

2. “Commercial development bonus” means modification of development standards mutually agreed upon by the city and a commercial developer and provided to a commercial development eligible for such a bonus under subparagraph 17.38.080(C). Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

3. “Partnered housing agreement” means an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at an affordable ownership cost or affordable rent consisted with subparagraph (h)(3). A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial develop and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial developer and the housing development.

B. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the city, the city shall grant a commercial development bonus mutually agreed upon by the developer and the city. The commercial development bonus shall not include a reduction or waiver in fees imposed on the commercial development to provide for affordable housing.

C. The partnered housing agreement shall include all of the following provisions:

1. The housing development shall be located either: (i) on the site of the commercial development; or (ii) on a site within the city that is within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155, and is in close proximity to public amenities, including schools and employment centers.

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2. At least thirty percent (30%) of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to low-income households, or at least fifteen percent (15%) of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to very low-income households.

3. The commercial development must agree either to directly build the affordable housing units, donate a site consistent with the requirements of Government Code Section 65915(g) for the development of the affordable housing units, or make a cash payment to the housing developer for the development of the affordable housing units.

D. An approved partnered housing agreement shall be described in the city Housing Element annual report as required by Government Code Section 65915.7(k).

17.38.090. Conflict of interest.

The following individuals are ineligible to purchase or rent an affordable unit: (A) city employees and officials who have policy making authority or influence regarding city housing programs, and their immediate family members; (B) the project applicant and its officers and employees and their immediate family members; and (C) the project owner and its officers and employees and their immediate family members.

17.38.100 Interpretation.

If any portion of this chapter conflicts with state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law. Statutory references in this ordinance include successor provisions. ***
CHAPTER 17.38

DENSITY BONUS
§ 17.38.010. Purpose and intent.

The purpose of this chapter is to comply with California Government Code Sections 65915 et seq. (State Density Bonus Law), as amended, as well as implement program 9.6 of the housing element (2012) of the city's general plan (2005-2025).
(Ord. 2082 § 2, 2013)
§ 17.38.020. Definitions.

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section. "Affordable ownership cost" means monthly housing payments during the first calendar year of household's occupancy, including interest, principal, mortgage insurance, property taxes, homeowners' insurance, property maintenance and repairs, a reasonable allowance for utilities and homeowners' association dues, if any, not exceeding the following:

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1. Very low income units: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

2. Low income units: 70 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

3. Moderate income units: 110 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent and divided by 12.

The assumed household size shall be one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom. "Affordable rent" means monthly housing expenses, including all fees for housing services and a reasonable allowance for utilities, not exceeding the following:

1. Very low income units: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

2. Low income units: 60 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

The assumed household size shall be one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom. "Area medium income" means area median income for Alameda County as published and periodically updated by the State Department of Housing and Community Development. "Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. "Common interest development" means a community apartment project, condominium project, planned development or stock cooperative as defined in CaliforniaCivil Code Section 1351. "Condominium project" means a housing development consisting of condominium units and common areas as defined in California Civil Code Section 1351.
"Density bonus" means a density increase over the otherwise allowable maximum residential density of a site. "Density bonus unit" means those residential units, granted pursuant to the provisions of this chapter, which exceed the otherwise maximum allowable residential density for a development site. "Development standard" means any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation. "Site and construction conditions" means standards that specify the physical development of a site and buildings on the site in a housing development.
"Housing development" means construction projects consisting of five or more residential units, including single- family and multi-family units, for sale or for rent. For the purposes of this chapter "housing development" also

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includes a subdivision, planned unit development, or common interest development consisting of five or more residential units or unimproved residential lots, the substantial rehabilitation of an existing multi-family dwelling or conversion of commercial building into residential involving the creation of a net increase of five or more residential units.
"Incentive or concession" means such regulatory concessions as listed in Section 17.38.050. "Low income household" means households whose income does not exceed the low income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5. "Maximum allowable residential density" means the maximum number of residential units permitted by the applicable zoning regulations, land use element of the general plan, specific plan, or maximum density established by the City's Housing Site Development Standards and Design Guidelines for multi-family housing sites. "Moderate income household" means households whose income does not exceed the moderate income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093. "Non-restricted unit" means all units within a housing development, excluding the target units. "Planned development" means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess rights to the beneficial use and enjoyment of the common area;

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests.
"Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units, as defined in the California Civil Code Section 51.3, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Sections 798.76 or 799.5. "Target unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to very low, low or moderate income households, or is a unit in a senior citizen housing development.
"Very low income household" means households whose income does not exceed the very low income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105. (Ord. 2082 § 2, 2013)
§ 17.38.030. Eligibility.

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An applicant proposing a housing development of five or more dwelling units may request and be eligible for one density bonus and one or more incentives or concessions provided the applicant agrees to construct one of the following:

A. At least 10 percent of the total units of a housing development for low income households; or B. At least five percent of the total units of a housing development for very low income households; or C. A senior citizen housing development; or
D. At least 10 percent of the total dwelling units in a newly constructed common interest development for sale to moderate income households.
(Ord. 2082 § 2, 2013)
§ 17.38.040. Calculation of density bonus.

A. Each housing development is entitled to one density bonus, which may be selected from one of the four eligibility criteria established in Section 17.38.030. Density bonuses from more than one of these categories may not be combined.

B. The amount of density bonus to be granted for a housing development which meets the eligibility criteria in Section 17.38.030 shall be calculated as follows, and as summarized in Table 17.38.040:

1. 10 Percent Low Income Units. Housing developments providing at least 10 percent of the dwelling units for low income households pursuant to Section 17.38.030(A) shall be entitled to a bonus equal to 20 percent of the maximum allowable density of the site. For each one percent increase above 10 percent of low income units, the density bonus shall be increased by one and one-half percent up to a maximum of 35 percent.

2. Five Percent Very Low Income Units. Housing developments providing at least five percent of the dwelling units for very low income households pursuant to Section 17.38.030(B) shall be entitled to a bonus equal to 20 percent of the maximum allowable density of the site. For each one percent increase above five percent of very low income units, the density bonus shall be increased by two and one-half percent up to a maximum of 35 percent.

3. Senior Citizen Housing. Housing developments providing 100 percent of the units as senior citizen housing pursuant to Section 17.38.030(C) shall be entitled to a bonus equal to 20 percent of the maximum allowable density of the site. The senior citizen housing must include a minimum of 35 dwelling units not including bonus units.

4. 10 Percent Moderate Income Common Interest Development Units. Housing developments providing at least 10 percent of residential common interest development units for moderate income households pursuant to Section 17.38.030(D), shall be entitled to a bonus equal to five percent of the maximum allowable density of the site. For each one percent increase above 10 percent of moderate income units, the density bonus shall be increased by one percent up to a maximum of 35 percent.

C. A developer may request a lesser density bonus than the project is entitled but no reduction will be permitted in the number of required target units pursuant to Section 17.38.030.

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D. No housing development may be entitled to a density bonus of more than 35 percent.

E. The maximum allowable density of the site shall be determined by the applicable zoning regulations, the land use element of the general plan, specific plan, or density established by the City's Housing Site Development Standards and Design Guidelines for multi-family housing sites.

F. When calculating the required number of target units and the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.

G. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus pursuant to Section 17.38.030.

Table 17.38.040
Density Bonus Summary
Target Group
Minimum
% Target
Units
Bonus Granted
Additional
Bonus for Each
1% Increase in
Target Units
% Target
Units
Required for
Maximum
35% Bonus
Very Low Income 5% 20% 2.5% 11%
Low Income 10% 20% 1.5% 20%
Moderate Income
(Common Interest
Development, Condo or
PUD only)
10% 5% 1% 40%
Senior Citizen Housing
Development
100% 20% – –
Notes:

The maximum allowable density bonus is 35%.

A density bonus may only be selected from one target group, except that an additional bonus for land donation may be combined with a target group pursuant to Section 17.38.080.

An additional square footage bonus may be granted for a child care facility pursuant to Section 17.38.090. (Ord. 2082 § 2, 2013)
§ 17.38.050. Incentives and concessions.

A. Developers eligible for a density bonus as provided in Section 17.38.030(A), (B) or (D), upon specific application, shall be entitled to one or more incentives or concessions as set forth in this section, subject to city review and findings set forth in Section 17.38.120(B).

B. Calculation of Incentives and Concessions. A developer who is eligible for a density bonus under Section

17.38.030(A), (B) or (D) may request and be eligible for one or more incentives or concessions. When requested by the developer, the city shall grant the incentives or concessions in the amount as follows:

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1. One incentive or concession for projects that include at least 10 percent of the total units for low income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development.

2. Two incentives or concessions for projects that include at least 20 percent of the total units for low income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.

3. Three incentives or concessions for projects that include at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.

Table 17.38.050
Incentives/Concessions Summary
Target Group Target Units
Very Low Income 5% 10% 15%
Low Income 10% 20% 30%
Moderate Income (Common Interest
Development, Condo or PUD only)
10% 20% 30%
Maximum Incentive(s)/Concession(s) 1 2 3
Notes:

An incentive or concession may be requested only if an application is also made for a density bonus.

Under this chapter, senior citizen housing is not eligible for an incentive or concession as set forth in this section, except for the reduction of off-street parking.

An additional incentive or concession may be requested for a child care facility pursuant to Section 17.38.090.

See Section 17.38.100 regarding incentives for condominium conversion projects.

C. Types of Incentives or Concessions. An incentive or concession shall mean any reduction in site development standards, any modification of zoning or architectural design requirements, or other regulatory exceptions which will result in identifiable, financially sufficient, and actual cost reductions necessary to facilitate the construction of the housing development. Incentives or concessions shall include, but not be limited to, the following:

1. Incentives or Concessions Not Requiring Financial Report from Developer. Upon written request by the developer, the following incentives and concessions shall be available in the amounts specified in subsection B of this section without any requirement that the applicant demonstrates to the city that the requested incentive or concession results in identifiable, financially sufficient, and actual cost reductions to the project. a. A 20 percent reduction in one of the setbacks.
b. A 10 percent reduction in minimum lot sizes and/or dimensions.

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2. Incentives or Concessions Requiring Financial Report from Developer. The following incentives and concession, when requested by the developer, shall require that the developer provide a financial report (pro forma) that demonstrates how the requested incentive or concession results in identifiable, financially sufficient, and actual cost reductions to the project:
a. An incentive or concession that exceeds the level of reduction specified for the standards identified in subsection (C)(1) of this section.
b. Approval of mixed-use zoning in conjunction with the housing development if nonresidential land uses will reduce the cost of the housing development and if the city finds that the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located. c. Off-Site Construction of Target Units. Target units required pursuant to this chapter may be permitted to be constructed at a location within the city other than the project site. Any off-site target units must meet the following criteria:
i. The off-site target units must be determined to be consistent with the city's goal of creating, preserving, maintaining, and protecting housing for very low, low, and moderate income households.

ii. The off-site target units must not result in a significant concentration of target units in any one particular neighborhood.
iii. The off-site target units shall conform to the requirements of all applicable city ordinances, standards and plans, and the provisions of this chapter. iv. The occupancy and rents, or for-sale costs, of the off-site target units shall be governed by the terms of a deed restriction, and if applicable, a declaration of covenants, conditions and restrictions similar to that used for the on-site target units.
v. The density bonus housing agreement, as required by Section 17.38.130, shall stipulate the terms of the off-site target units. If the construction does not take place at the same time as the project development, the agreement shall require the units to be produced within a specified time frame, but in no event longer than five years. A cash deposit or bond may be required by the city, refundable upon construction, as assurance that the target units will be built.
d. Fee Waiver or Deferral. The city council, by resolution, may waive or defer payment of city development impact fees and/or building permit fees applicable to the target units or the project of which they are a part. Fee waivers shall meet the criteria included in the city's adopted policy for evaluating waivers of city fees for affordable housing projects. The density bonus housing agreement, as required by Section 17.38.130, shall include the terms of the fee waiver.
e. Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable, financially sufficient, and actual cost reductions.

3. Except as provided in subsection (C)(1) of this section, a developer requesting one or more incentives or concessions must include with the application detailed financial report (pro forma) to demonstrate that

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such incentive or concession would result in necessary, identifiable, financially sufficient, and actual cost reductions that could not be achieved without the incentive or concession.

D. No incentive or concession shall result in structures that do not meet the minimum building standards provided in California Health and Safety Code Division 13, Part 2.5 (commencing with Section 18901). (Ord. 2082 § 2, 2013)
§ 17.38.060. Waiver or modification of development standards.

Developers eligible for a density bonus as provided in Section 17.38.030 may request a waiver or modification of any development standards that will have the effect of precluding the construction of a housing development at the densities or with the concessions or incentives permitted by this section. The developer shall submit a financial report (pro forma) demonstrating that the waiver or modification is necessary to make the housing units economically feasible.
(Ord. 2082 § 2, 2013)
§ 17.38.070. Reduction in off-street parking.

A. Upon the request of a developer eligible for a density bonus, the city shall not require that the off-street parking provided for residential use, inclusive of handicapped and guest parking, exceed the following ratios:

1. Zero to one bedrooms: one off-street parking space.

2. Two to three bedrooms: two off-street parking spaces.

3. Four and more bedrooms: two and one-half off-street parking spaces.

B. For purposes of this section, if the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. (Ord. 2082 § 2, 2013)
§ 17.38.080. Land donation.

A. In addition to any density bonus awarded pursuant to Section 17.38.030, a developer of a housing development that donates qualified land to the city for the construction of dwelling units affordable to very low income households as provided for in this section, the developer shall be entitled to a 15 percent density bonus. For each one percent increase above the minimum 10 percent land donation, the density bonus shall be increased by one percent. This increase shall be in addition to any increase in density allowed by Section 17.38.040, up to a maximum combined density bonus of 35 percent.

B. A housing development shall be eligible for a density bonus for donation of qualified land only if the city can find that all of the criteria set forth in California Government Code Section 65915(g) will be met. (Ord. 2082 § 2, 2013)
§ 17.38.090. Child care facilities.

Page 85 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 17
A. When a developer proposes to construct a housing development that includes target units as specified in Section 17.38.030 and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the developer may request and the city shall grant either of the following if requested by the developer:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

2. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility, as demonstrated by the developer.

B. A housing development shall be eligible for the density bonus or incentive or concession described in this section if the city requires as an enforceable condition of approval, memorialized in an agreement recorded against the qualified housing development, that:

1. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to Section 17.38.110.

2. Of the children who attend the child care facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, low income households, or moderate income households.

C. Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.
(Ord. 2082 § 2, 2013)
§ 17.38.100. Condominium conversion.

A. The city shall grant either a density bonus or other incentives of equivalent financial value if the developer of a conversion of existing rental apartments to condominiums agrees to provide 33 percent of the total units of the proposed condominium project as target units affordable to low or moderate income households, or to provide 15 percent of the total units in the condominium conversion project as target units affordable to lower income households.

B. For purposes of this section, a "density bonus" means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

C. For purposes of this section, "other incentives of equivalent financial value" may include the reduction or waiver of requirements which the city would apply as conditions of conversion.

D. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this chapter or California Government Code Section 65915, as amended. (Ord. 2082 § 2, 2013)

Page 86 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 18
§ 17.38.110. Affordability and development standards.

A. All target units shall be constructed concurrently with, or prior to, the construction of the project's non- restricted units.

B. Target units offered for sale to very low, low, or moderate income households in common interest developments shall be sold at an affordable ownership cost, and subject to an equity sharing agreement as provided in California Government Code Section 65915(c).

C. Target units shall remain affordable through recordation of a density bonus housing agreement as required by Section 17.38.130.

D. Target units shall be dispersed throughout the project unless otherwise approved by the city.

E. Target units shall be built on site, unless off-site construction is approved at the city's discretion pursuant to the criteria in Section 17.38.050(C)(2)(c). The density bonus housing agreement shall stipulate the terms of the off- site target units. If the construction does not take place at the same time as project development, the agreement shall require the units to be produced within a specified time frame, but in no event longer than five years. A cash deposit or bond may be required by the city, refundable upon construction, as assurance that the units will be built.

F. Target units may be of smaller size than the non-restricted units in the project. In addition, target units may have fewer interior amenities than the non-restricted units in the project. However, the city may require that the target units meet certain minimum standards. These standards shall be set forth in the density bonus housing agreement for the project.

G. Target units shall be constructed with identical exterior materials and an exterior architectural design that is consistent with the non-restricted units in the project.

H. The city's adopted preference and priority system shall be used for determining eligibility among prospective beneficiaries for affordable housing units.

I. For purposes of calculating the affordable rent or affordable sales price of target unit, the following household size assumptions shall be used for each applicable dwelling unit type:

Unit Size
HUD Income Category by Household
Size
Studio unit 1 person
1 bedroom unit 2 persons
2 bedroom unit 3 persons
3 bedroom unit 4 persons
4 or more bedroom unit 5 or more persons
(Ord. 2082 § 2, 2013)

Page 87 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 19
§ 17.38.120. Application requirements, review and findings.

A. Application. An application for a density bonus, incentive or concession, and/or waiver or modification of development standards as provided in this chapter shall be submitted with the first application for approval of a housing development, and processed concurrently with all other applications required for the housing development.

The application shall be submitted on a form prescribed by the city and shall include at least the following information:

1. Site plan showing total number and size of units, number and location of target units, and number and location of proposed density bonus units.

2. Level of affordability of target units and proposal for ensuring affordability in perpetuity.

3. Description of any requested incentives or concessions, or waivers or modifications of development standards.
a. For all incentives or concessions that require a financial report (pro forma) pursuant to subsection C of Section 17.38.050, the pro forma shall state financial evidence demonstrating that such incentive or concession would result in necessary, identifiable, financially sufficient, and actual cost reductions that could not be achieved without the incentive or concession.
b. For waivers and modification of development standards that require submittal of a financial report (pro forma) as provided in Section 17.38.060, the pro forma shall demonstrate that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development at the densities or with the concessions or incentives permitted by this chapter.
c. The cost of reviewing any required pro forma data submitted as a part of the application in support of a request for an incentive or concession, or waiver or modification of development standards, including, but not limited to, the cost to the city of hiring a consultant to review said pro forma, shall be borne by the applicant.

4. If an additional density bonus is requested for land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the criteria included in Section 17.38.080(B) can be met.

5. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the criteria referenced in Section 17.38.090(B) can be made.

B. Review and Findings.

1. An application for a density bonus, incentive or concession, or waiver or modification, pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, or waiver or modification, may be appealed to the planning commission and from the planning commission to the city council.

2. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

Page 88 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 20

3. Before approving an application for a density bonus, incentive or concession, or waiver or modification of a development standard, the approval body shall make the following findings:
a. If an incentive or concession is requested, that the incentive or concession results in necessary, identifiable, financially sufficient, and actual cost reductions that could not be achieved without the incentive or concession.
b. If a waiver or modification of a development standard is requested, that the waiver or modification is necessary to make the housing units economically feasible at the densities permitted and with any eligible concessions or incentives.
c. If the density bonus is based all or in part on donation of land, the project meets the criteria in Section 17.38.080(B).
d. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the project meets the findings included in Section 17.38.090(B).

4. If a request for an incentive or concession is otherwise consistent with this chapter, the approval body may deny an incentive or concession if it makes a written finding, based upon substantial evidence, of any of the following:
a. The concession or incentive is not required to provide for affordable rents or affordable ownership costs.
b. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
c. The concession or incentive would be contrary to state or federal law.

5. If a request for a waiver or modification of a development standard is otherwise consistent with this chapter, the approval body may deny the waiver or modification only if it makes a written finding, based upon substantial evidence, of any of the following:
a. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
b. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources. c. The waiver or modification would be contrary to state or federal law.

Page 89 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 21

6. If a density bonus and an incentive or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the city already has adequate child care facilities.
(Ord. 2082 § 2, 2013)

§ 17.38.130. Density bonus housing agreement.

A. For all housing projects receiving a density bonus under this chapter a density bonus housing agreement shall be entered into by the city and the project owner. The density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a deed restriction on any parcel on which the target units will be constructed.

B. The approval and/or recordation of this agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of a building permit for any structure in the housing development.

The agreement shall run with the land and be binding on all future owners and successors.

C. The density bonus housing agreement shall include but not be limited to the following:

1. The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.

2. Standards for determining affordable rent or affordable ownership cost for the target units.

3. The location, unit size in square feet, and number of bedrooms of target units.

4. Provisions to ensure affordability in accordance with subsections B and C of Section 17.38.110.

5. A schedule for completion and occupancy of target units in relation to construction of non- restricted units.

6. A description of any incentives or concessions, or waivers or modification of development standards being provided by the city.

7. The terms of any waiver or deferral of city development impact fees and/or building permit fees applicable to the target units or the project of which they are a part.

8. A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

9. Procedures for qualifying tenants and prospective purchasers of target units.

10. Other provisions to ensure implementation and compliance with this chapter.

D. In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:

1. Target units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior citizen housing developments.

Page 90 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 22

2. The purchaser of each target unit shall execute an instrument, approved by the city and to be recorded against the parcel, including such provisions as the city may require to ensure continued compliance with this chapter.

E. In the case of rental housing developments, the density bonus housing agreement shall provide for the following:

1. Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants;

2. Provisions requiring verification of household incomes;

3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

F. Density bonus housing agreements for land dedication or child care facilities shall ensure continued compliance with all conditions included in Sections 17.38.080 and 17.38.090 respectively. (Ord. 2082 § 2, 2013)
§ 17.38.140. Conflict of interest.

The following individuals are ineligible to purchase or rent a target unit: (A) city employees and officials who have policy making authority or influence regarding city housing programs, and their immediate family members; (B) the project applicant and its officers and employees and their immediate family members; and (C) the project owner and its officers and employees and their immediate family members. (Ord. 2082 § 2, 2013)

Page 91 of 218 ends

P24-0334, Pleasanton Municipal Code Amendments City Council, October 15, 2024 Exhibit A, PMC Amendments, Page 23
TITLE 18
ZONING
CHAPTER 18.08 DEFINITIONS

18.08.332 Major transit stop.
“Major transit stop” means a site containing either of the following, or as amended by state law:

A. An existing public rail or public bus rapid transit station.

B. The intersection of two or more major public bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

Unless otherwise defined by state law, a distance or radius from the major transit stop shall be measured from a single point at the center of the stop or station. Where a station/stop includes infrastructure, such as platforms, bus transfer facilities, and/or parking areas, a single centroid shall be used. If a project site is partially within the radius measurement from the single point, a project shall be considered to be within the radius if: (1) all parcels within the project have no more than 25 percent of their area farther than the specified distance from the major transit stop; and (2) if residential units are proposed, not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than the specified distance from the major transit stop.

CHAPTER 18.88 OFF-STREET PARKING FACILITIES

18.88.020 Basic Requirements.

A. Unless otherwise provided in state law or for by this chapter, at the time of initial occupancy, major alteration, or enlargement of sites, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street parking facilities for automobiles in accordance with the schedule of off-street parking space requirements prescribed in Section 18.88.030 of this chapter. Except as modified in subsection D of this section, the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would increase the number of parking spaces required by not less than 10 percent of the total number required. The number of parking spaces provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the preexisting number is greater than the number prescribed in Section 18.88.030 of this chapter, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

Page 92 of 218 ends

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Page 93 of 218 ends

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Page 94 of 218 ends

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Page 95 of 218 ends

ATTACHMENT 3
Planning Commission Minutes Page 1 of 3 September 11, 2024

PLANNING COMMISSION

MEETING MINUTES
Wednesday, September 11, 2024

CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL
Chair Gaidos called the regular meeting of the Planning Commission to order at 7:00 p.m. from the City Council Chambers located at 200 Old Bernal Avenue.

Commissioner Morgan led the Pledge of Allegiance.

Commissioners Present: Commissioners Anurag Jain, Vivek Mohan, Ken Morgan, Brandon Pace, Stephanie Wedge, and Chair Matt Gaidos
Commissioners Absent: None.

AGENDA AMENDMENTS
None.

CONSENT CALENDAR

1.Actions of the Zoning Administrator
Recommendation: Receive report.

2.Approve the meeting minutes of June 26, 2024
Recommendation: Approve the meeting minutes.

MOTION: It was m/s by Pace/Morgan to approve the items on the Consent Calendar, as recommended. Motion passed by the following roll call vote:

Ayes: Commissioners Jain, Mohan, Morgan, Pace, and Chair Gaidos Noes: None

Absent: None
Abstain: None

MEETING OPEN TO THE PUBLIC

3.Public comment regarding items not listed on the agenda.

Chair Gaidos opened the public comment. There being no speakers, Chair Gaidos closed the public comment.

Page 96 of 218 ends

ATTACHMENT 3
Planning Commission Minutes Page 2 of 3 September 11, 2024

PUBLIC HEARING AND OTHER MATTERS

4.P24-0505, City of Pleasanton – Review, consider, and provide a recommendation for amendments to Chapters 17.40, 17.44, and 18.38 of the Pleasanton Municipal Code regarding inclusionary rates, affordable levels, design and development standards, approval processes, requirements, and administrative procedures for the affordable housing fee; and update the City’s Objective Design Standards for Housing Sites to align with the proposed municipal code amendments.

Recommendation: Adopt Resolution No. PC-2024-15 recommending the City Council approve amendments to Pleasanton Municipal Code Chapters 17.44 -- Inclusionary Zoning Ordinance; related amendments to Chapter 17.40 -- Affordable Housing Fee; Chapter 18.38 -- Housing Opportunity Zone District; and the Objective Design Standards for Housing Element Sites.

Director Ellen Clark presented the item.

Chair Gaidos opened the public comment. There being no speakers, Chair Gaidos closed the public comment.

MOTION: It was m/s by Morgan/Pace to adopt Resolution No. PC-2024-15 recommending City Council action, as recommended with an additional request for staff to provide additional information to City Council with respect to the basis for establishing minimum unit sizes for rental inclusionary units.

Motion passed by the following roll call vote:

Ayes: Commissioners Jain, Morgan, Pace, and Chair Gaidos Noes: Commissioner Mohan

Absent: None
Abstain: None

5.P24-0334, City of Pleasanton – Review, consider, and provide a recommendation for amendments to Chapters 17.38, 18.08, 18.88, and 18.106 of the Pleasanton Municipal Code regarding density bonus, major transit stop, and separate conveyance of accessory dwelling units as identified in State law.

Recommendation: Adopt Resolution No. PC-2024-16 recommending the City Council Approve amendments to Chapters 17.38, 18.08, and 18.88 of the Pleasanton Municipal Code regarding Density Bonus and Major Transit Stop as identified in state law.

Senior Planner Shweta Bonn presented the item.

Chair Gaidos opened the public comment. There being no speakers, Chair Gaidos closed the public comment.

MOTION: It was m/s by Morgan/Pace to adopt Resolution No. PC-2024-16 approving text amendments to the Pleasanton Municipal Code related to the Density Bonus and Major Transit Stop, as amended by supplemental memo, retaining Section 17.38.140 in the Density Bonus ordinance, and recommending City Council consider directing staff to draft text amendments to the Pleasanton Municipal Code allowing separate conveyance of accessory dwelling units. Motion passed by the following roll call vote:

Ayes: Commissioners Jain, Mohan, Morgan, Pace, and Chair Gaidos Noes: None

Absent: None
Abstain: None

Page 97 of 218 ends

ATTACHMENT 3
Planning Commission Minutes Page 3 of 3 September 11, 2024

MATTERS FOR COMMISSION'S REVIEW/ACTION/INFORMATION

6.Reports from Meetings Attended (e.g., Committee, Task Force, etc.) Commissioner Jain reported attending a recent Bicycle, Pedestrian and Trails Committee meeting.

Commissioner Morgan reported attending a recent Heritage Tree Board of Appeals meeting.

7.Actions of the City Council
Director Clark provided a brief overview of the items listed in the report.

8.Future Planning Calendar
None.

MATTERS INITIATED BY COMMISSION MEMBERS
None.

ADJOURNMENT
Chair Gaidos adjourned the meeting at 9:20 p.m.
__________________________________
Paul Eichenholtz, Recording Secretary

Page 98 of 218 ends
Page 1 of 2 ends

Item #7

CITY COUNCIL AGENDA REPORT

October 15, 2024
Finance

TITLE: ACCEPT THE MONTHLY DISBURSEMENT AND INVESTMENT REPORT FOR AUGUST 2024

SUMMARY
Attached is the City of Pleasanton monthly disbursements and investment report for August 2024.

RECOMMENDATION
Accept claim disbursements in the amount of $20,231,058 and the investment report for the month of August 2024.

BACKGROUND
The City's Investment Policy requires the Director of Finance to submit a monthly transaction report to the City Council within 60 days of the end of the reporting period in accordance with California Government Code Section 53607.

The Investment Policy also requires the Director of Finance to submit a quarterly report to the City Council on the status of the City's investment portfolio no later than 45 days after the end of each month. This report shall include the types of investments, the amount of money invested with various institutions, purchase and maturity dates, and yield on investments. The Director of Finance certifies that the investment portfolio is in compliance with the investment policy and that it will meet cash flow needs for the next six months.

This report also includes check and electronic payment information for August 2024.

DISCUSSION
The monthly disbursements and investment report provides transparency of the City’s financial transactions and payments for review by the City Council. Of note, the medium term note with 3M Company is rated at A by Moody's and rated at BBB+ by S&P. A rating of A indicates the investment grade is very high and a rating of BBB+ indicates the investment grade is good.

When this investment was purchased in 2019, it met the A rating category required by the City's investment policy. This investment is scheduled to mature in February 2025. Staff has been monitoring this investment and will take action such as selling the security before maturity if warranted.

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

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

Page 99 of 218 ends
Page 2 of 2 ends

STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine administrative matter.

FISCAL IMPACT
There is no fiscal impact associated with acceptance of this report.

Prepared by: Submitted by: Approved by:

Dawn DeMarcus, Senior
Budget and Finance Analyst
Susan Hsieh, Director of Finance

Gerry Beaudin, City
Manager

Attachments:

1. Disbursements and Investment Report

Page 100 of 218 ends

AUGUST 2024 DISBURSEMENTS
CHECK REGISTER*

DATE CHECK NUMBER AMOUNT
8/1/2024 63599-63718, 63720-63779 1,826,214$
8/6/2024 63784-63819 2,996,088
8/8/2024 63824-63840 573,792
8/9/2024 63842-63843,63845-63925 463,384
8/13/2024 63935 555,791
8/15/2024 63936-64019 459,717
8/22/2024 64023-64046 2,097,898
8/23/2024 64049-64160 812,983
8/29/2024 64178-64192,64194-64273 514,818
10,300,687$

ACH PAYMENTS

DATE CHECK NUMBER AMOUNT
8/1/2024 63780-63783 217,045$
8/6/2024 63820-63823 38,033
8/8/2024 63841 358
8/9/2024 63926-63934 199,545
8/15/2024 64020-64022 2,362,140
8/22/2024 64047-64048 621,448
8/23/2024 64161-64177 1,956,692
8/29/2024 64193,64274-64277 169,761
Payroll & Tax related ACH Payments 854,281
6,419,304$

WIRE TRANSFERS AMOUNT
-$

PAYROLL TRANSFERS

DATE AMOUNT
8/8/2024 1,798,040 $
8/22/2024 1,713,028
3,511,068$
TOTAL DISBURSEMENTS 20,231,058$
* Detailed registers available upon request.

Page 101 of 218 ends

$222,517,034

1.87%
443
*Based on Market value
Total Market Value
Effective Rate of Return
Portfolio Snapshot
Average Days to Maturity
Portfolio Characteristics
August 31, 2024

0.2%19.8%0.1%10.3%1.3%67.8%0.4%Sector Allocation
Certificates of Deposit - Bank
LAIF
Government Money Market
Medium Term Notes
Federal Agency Issues - Coupon
Federal Agency Issues - Callable
Supranationals
- 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,0000-1 Yrs 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs35%51%14%Maturity Distribution19.8%0.2%0.1%4.1%74.4%0.4%0.9%Assigned Credit Ratings of InvestmentsLAIFFDICGOVT MMFAAAAAABBB

Page 102 of 218 ends

CITY OF PLEASANTON
Portfolio Management
August 31, 2024
City of Pleasanton
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
MaturityTerm
YTM
360 Equiv.

YTM
365 Equiv.

Certificates of Deposit - Bank 489,245.20 2620.21 4.823123489,245.20489,245.20 4.890 LAIF 44,305,517.89 119.13 4.419144,142,298.2244,305,517.89 4.480 Gov't Money Market 182,575.00 10.08 4.8621182,575.00182,575.00 4.930 Medium Term Notes 24,210,318.68 1,80910.45 1.41433923,005,215.2023,640,000.00 1.433 Federal Agency Issues - Coupon 2,995,657.09 1,8251.29 1.2628412,827,410.003,000,000.00 1.280 Federal Agency Issues - Callable 158,420,440.80 1,82268.41 0.903576150,921,540.25158,630,000.00 0.916 Supranationals 980,200.00 1,7040.42 0.922543948,750.001,000,000.00 0.935 231,583,954.66 100.00%
Investments
222,517,033.87231,247,338.09 1,467 443 1.645 1.668
Current Year
August 31
368,094.27
Fiscal Year To Date
765,280.32
Average Daily Balance
Effective Rate of Return
232,025,539.32 240,743,182.68

1.87%1.87%
Total Earnings Month Ending
I hereby certify that, to the best of my knowledge, this report includes all investments in the cash management program, is in accordance with the City's current investment policy dated June 18, 2024 and will meet the City's cash flow needs for the next six months. Market value amounts are from Bank of New York Mellon (safekeeping bank) month-end statements. Book value amounts include premiums or discounts and are adjusted at year end on the general ledger. __________________________________________________ ____________________

SUSAN HSIEH, DIRECTOR OF FINANCE
Portfolio PLST
CC
Reporting period 08/01/2024-08/31/2024
Run Date: 09/30/2024 - 18:38 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
10/1/2024

Page 103 of 218 ends

YTM
365

Page 1 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Certificates of Deposit - Bank

4.890Fremont Bank1093-2 239,245.20 239,245.20 09/21/20244.89004/20/2024 239,245.20 4.823SYS 20

4.890United Business Bank1091-2 250,000.00 250,000.00 04/11/20254.89004/11/2024 250,000.00 4.823SYS 1091 222 489,245.20 4.823489,245.20489,245.20489,245.20Subtotal and Average 4.890 123 LAIF

4.480LOCAL AGENCY INVESTMENT FUND5 44,305,517.89 44,305,517.89 4.48044,142,298.22 4.419SYS5 1 44,305,517.89 4.41944,142,298.2244,305,517.8944,305,517.89Subtotal and Average 4.480 1 Gov't Money Market

4.930Dryfus Govt Cash Mgmt 6727 182,575.00 182,575.00 4.93008/23/2024 182,575.00 4.862X9USDCRGO 1 182,575.00 4.862182,575.00182,575.0039,683.87Subtotal and Average 4.930 1 Medium Term Notes

1.800Apple Inc.6048 1,040,000.00 1,040,000.00 09/11/20241.80001/07/2020 1,039,147.20 1.775037833DM9 10

2.000Toyota Motor Credit Corp6046 1,600,000.00 1,599,984.00 10/07/20242.00010/24/2019 1,594,848.00 1.97389236TGL3 36

1.965Apple Inc.6049 1,000,000.00 1,037,212.20 01/13/20252.75001/13/2020 992,060.00 1.938037833DF4 134

1.8233M Company6053 2,000,000.00 2,016,869.48 02/14/20252.00002/14/2020 1,972,420.00 1.79888579YBH3 166

1.690EXXON MOBIL CORPORATION6056 3,000,000.00 3,145,587.00 03/06/20252.70903/11/2020 2,966,460.00 1.66730231GAF9 186

1.821Truist Bank6058 2,000,000.00 1,969,486.00 03/10/20251.50003/13/2020 1,961,920.00 1.79689788JAA7 190

1.777EXXON MOBIL CORPORATION6064 2,000,000.00 2,113,800.00 03/19/20252.99204/20/2020 1,978,880.00 1.75330231GBH4 199

1.090Toyota Motor Credit Corp6067 3,000,000.00 2,959,140.00 01/09/20260.80003/09/2021 2,858,730.00 1.07589236THW8 495

0.732Apple Inc.6065 2,000,000.00 1,996,860.00 02/08/20260.70002/08/2021 1,903,100.00 0.722037833EB2 525

0.981Apple Inc.6066 3,000,000.00 3,331,380.00 02/23/20263.25002/23/2021 2,958,840.00 0.967037833BY5 540

1.100JPMorgan Chase Bank NA6068 3,000,000.00 3,000,000.00 06/22/20261.10006/22/2021 2,778,810.00 1.08546632FSCO 659 24,210,318.68 1.41423,005,215.2023,640,000.0024,794,794.47Subtotal and Average 1.433 339 Federal Agency Issues - Coupon

1.280FEDERAL HOME LOAN BANK3576 3,000,000.00 2,995,657.09 12/21/20261.25012/22/2021 2,827,410.00 1.2623130AQF65 841 2,995,657.09 1.2622,827,410.003,000,000.002,995,657.09Subtotal and Average 1.280 841 Federal Agency Issues - Callable

0.707FREDDIE MAC4535 3,000,000.00 2,998,950.00 06/23/20250.70006/23/2020 2,906,760.00 0.6973134GVZ68 295

0.715FEDERAL FARM CREDIT BANK4537 3,000,000.00 2,997,750.00 06/30/20250.70007/06/2020 2,904,630.00 0.7063133ELQ49 302

0.707FEDERAL NATIONAL MORTGAGE ASSN4538 3,250,000.00 3,248,862.50 07/14/20250.70007/14/2020 3,141,742.50 0.6973136G4YH0 316

0.710FEDERAL NATIONAL MORTGAGE ASSN4541 3,000,000.00 3,000,000.00 07/22/20250.71007/22/2020 2,897,850.00 0.7003136G4A45 324 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11

Page 104 of 218 ends

YTM
365

Page 2 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Federal Agency Issues - Callable

0.620FEDERAL HOME LOAN BANK4544 3,000,000.00 2,997,000.00 08/27/20250.60008/27/2020 2,882,850.00 0.6123130AJZ36 360

0.657FREDDIE MAC4545 3,000,000.00 2,998,950.00 09/09/20250.65009/09/2020 2,881,830.00 0.6483134GWA55 373

0.550FEDERAL FARM CREDIT BANK4548 3,340,000.00 3,336,660.00 09/29/20250.53010/05/2020 3,215,050.60 0.5433133EMBJ0 393

0.550FREDDIE MAC4547 3,000,000.00 3,000,000.00 09/30/20250.55009/30/2020 2,888,250.00 0.5423134GWW93 394

0.566FREDDIE MAC4549 3,000,000.00 2,997,600.00 09/30/20250.55010/07/2020 2,888,250.00 0.5593134GWWT9 394

0.600FREDDIE MAC4550 3,000,000.00 3,000,000.00 10/28/20250.60010/28/2020 2,882,010.00 0.5923134GW3F1 422

0.595FEDERAL HOME LOAN BANK4553 3,000,000.00 2,996,250.00 11/25/20250.57011/25/2020 2,865,690.00 0.5873130AKGD2 450

0.600FEDERAL NATIONAL MORTGAGE ASSN4552 3,000,000.00 3,000,000.00 11/25/20250.60011/25/2020 2,874,390.00 0.5923135GA3W9 450

0.620FREDDIE MAC4554 3,000,000.00 3,000,000.00 12/01/20250.62012/01/2020 2,873,580.00 0.6123134GXDM3 456

0.625FEDERAL HOME LOAN BANK4555 3,000,000.00 3,000,000.00 01/22/20260.62501/22/2021 2,855,310.00 0.6163130AKQ74 508

0.650FEDERAL HOME LOAN BANK4557 3,000,000.00 3,000,000.00 01/28/20260.65001/28/2021 2,854,530.00 0.6413130AKRN8 514

0.550FEDERAL NATIONAL MORTGAGE ASSN4556 3,000,000.00 3,000,000.00 01/28/20260.55001/28/2021 2,856,060.00 0.5423135G06R9 514

0.110FEDERAL HOME LOAN BANK4558 3,000,000.00 3,000,000.00 02/12/20260.60002/12/2021 2,848,290.00 0.1093130AKXQ4 529

0.625FEDERAL HOME LOAN BANK4560 3,000,000.00 3,000,000.00 02/17/20260.62502/17/2021 2,848,260.00 0.6163130AL3S1 534

0.650FEDERAL HOME LOAN BANK4561 3,000,000.00 3,000,000.00 02/24/20260.65002/24/2021 2,847,330.00 0.6413130AL5X8 541

0.616FEDERAL HOME LOAN BANK4562 3,125,000.00 3,122,500.00 02/24/20260.60002/24/2021 2,963,750.00 0.6083130AKXJ0 541

0.750FEDERAL HOME LOAN BANK4563 3,000,000.00 3,000,000.00 02/24/20260.75002/24/2021 2,851,620.00 0.7403130ALCV4 541

0.650FEDERAL HOME LOAN BANK4559 3,000,000.00 3,000,000.00 02/26/20260.65002/26/2021 2,846,790.00 0.6413130AKZ25 543

0.922FEDERAL HOME LOAN BANK4572 3,000,000.00 2,989,560.00 02/26/20260.85003/15/2021 2,855,340.00 0.9093130ALGR9 543

0.947FEDERAL HOME LOAN BANK4574 3,000,000.00 2,985,960.00 02/26/20260.85003/18/2021 2,855,340.00 0.9343130ALGR9 543

0.971FEDERAL HOME LOAN BANK4577 3,000,000.00 2,982,510.00 02/26/20260.85003/22/2021 2,855,340.00 0.9583130ALGR9 543

1.000FEDERAL HOME LOAN BANK4579 3,000,000.00 2,978,517.00 02/26/20260.85003/31/2021 2,855,340.00 0.9863130ALGR9 543

0.800FEDERAL HOME LOAN BANK4565 3,000,000.00 3,000,000.00 03/16/20260.80003/16/2021 2,848,680.00 0.7893130ALDN1 561

0.875FEDERAL HOME LOAN BANK4569 3,000,000.00 3,000,000.00 03/23/20260.87503/23/2021 2,850,210.00 0.8633130ALGC2 568

0.959FEDERAL HOME LOAN BANK4576 3,000,000.00 2,987,700.00 03/23/20260.87503/23/2021 2,850,210.00 0.9463130ALGC2 568

1.050FEDERAL FARM CREDIT BANK4575 3,000,000.00 3,000,000.00 03/25/20261.05003/25/2021 2,862,870.00 1.0363133EMUK6 570

1.000FEDERAL HOME LOAN BANK4571 3,000,000.00 3,000,000.00 03/30/20261.00003/30/2021 2,854,080.00 0.9863130ALMM3 575

0.993FEDERAL HOME LOAN BANK4578 3,000,000.00 2,998,050.00 03/30/20260.98003/30/2021 2,853,180.00 0.9803130ALNT7 575

1.026FEDERAL HOME LOAN BANK4581 3,000,000.00 2,996,250.00 03/30/20261.00004/05/2021 2,854,080.00 1.0123130ALMM3 575

1.051FEDERAL HOME LOAN BANK4580 3,000,000.00 2,995,500.00 04/15/20261.02004/15/2021 2,851,260.00 1.0363130ALUC6 591

1.020FEDERAL HOME LOAN BANK4585 2,795,000.00 2,795,000.00 05/19/20261.02005/20/2021 2,648,458.15 1.0063130AMCL4 625

1.010FEDERAL HOME LOAN BANK4587 3,000,000.00 2,998,500.00 05/26/20261.00005/26/2021 2,840,040.00 0.9963130AMH62 632

0.987FEDERAL HOME LOAN BANK4588 3,000,000.00 2,998,950.00 05/26/20260.98005/26/2021 2,839,050.00 0.9743130AMGW6 632

0.901FEDERAL HOME LOAN BANK4590 2,750,000.00 2,746,562.50 05/26/20260.87506/02/2021 2,597,677.50 0.8883130AMHB1 632

1.000FEDERAL HOME LOAN BANK4591 1,500,000.00 1,500,000.00 05/26/20261.00006/02/2021 1,420,020.00 0.9863130AMH62 632

0.921FEDERAL FARM CREDIT BANK4595 3,000,000.00 2,997,000.00 06/15/20260.90006/24/2021 2,836,320.00 0.9083133EMH21 652 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM2) 7.3.11

Page 105 of 218 ends

YTM
365

Page 3 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Federal Agency Issues - Callable

1.030FEDERAL HOME LOAN BANK4592 3,000,000.00 3,000,000.00 06/30/20261.03006/30/2021 2,838,150.00 1.0163130AMSL7 667

1.070FEDERAL HOME LOAN BANK4594 3,000,000.00 3,000,000.00 06/30/20261.07006/30/2021 2,840,250.00 1.0553130AMYA4 667

1.000FEDERAL HOME LOAN BANK4596 1,500,000.00 1,500,000.00 06/30/20261.00006/30/2021 1,418,295.00 0.9863130AN2Q2 667

1.025FEDERAL HOME LOAN BANK4597 3,000,000.00 2,999,250.00 07/14/20261.02007/14/2021 2,834,250.00 1.0113130AMWK4 681

1.033FEDERAL HOME LOAN BANK4598 3,000,000.00 2,983,500.00 09/30/20260.92009/30/2021 2,810,340.00 1.0193130AP2P9 759

1.085FEDERAL HOME LOAN BANK4599 3,000,000.00 2,997,750.00 10/14/20261.07010/14/2021 2,818,890.00 1.0713130APC94 773

1.421FEDERAL HOME LOAN BANK4600 530,000.00 526,947.20 11/24/20261.30012/09/2021 498,968.50 1.4013130APU78 814

1.421FEDERAL HOME LOAN BANK4601 1,840,000.00 1,829,401.60 11/24/20261.30012/09/2021 1,732,268.00 1.4013130APUR4 814

1.459FEDERAL HOME LOAN BANK4602 3,000,000.00 2,988,000.00 12/01/20261.37512/09/2021 2,827,680.00 1.4393130APVC6 821

1.425FEDERAL HOME LOAN BANK4605 3,000,000.00 2,999,250.00 12/29/20261.42001/03/2022 2,824,980.00 1.4063130AQG80 849

1.541FEDERAL HOME LOAN BANK4606 3,000,000.00 2,982,750.00 12/29/20261.42001/10/2022 2,824,980.00 1.5193130AQG80 849

1.370FEDERAL HOME LOAN BANK4603 3,000,000.00 3,000,000.00 12/30/20261.37012/30/2021 2,821,440.00 1.3513130AQEC3 850

1.385FEDERAL HOME LOAN BANK4604 3,000,000.00 2,998,500.00 12/30/20261.37512/30/2021 2,821,800.00 1.3663130AQEF6 850

1.926FEDERAL HOME LOAN BANK4607 3,000,000.00 2,975,010.00 01/28/20271.75002/08/2022 2,844,150.00 1.9003130AQLD3 879

2.112FEDERAL HOME LOAN BANK4608 3,000,000.00 2,995,500.00 02/25/20272.08003/08/2022 2,862,780.00 2.0833130AQW66 907 158,420,440.80 0.903150,921,540.25158,630,000.00158,420,440.80Subtotal and Average 0.916 576 Supranationals

0.935International Finance Corp7000 1,000,000.00 980,200.00 02/26/20260.50006/28/2021 948,750.00 0.92245950VPS9 543 980,200.00 0.922948,750.001,000,000.00980,200.00Subtotal and Average 0.935 543

1.645232,025,539.32 231,247,338.09 1.668 443222,517,033.87 231,583,954.66Total and Average Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM2) 7.3.11

Page 106 of 218 ends
Page 1 ends

Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
August 31, 2024
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF PLEASANTON
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Certificates of Deposit - Bank
FREMON1093-2 239,245.20 239,245.20 09/21/202404/20/2024 239,245.20SYS 4,295.00 0.004.8904.890 20 VCB1091-2 250,000.00 250,000.00 04/11/202504/11/2024 250,000.00SYS 1091 4,789.52 0.004.8904.890 222 489,245.20489,245.20489,245.20489,245.20Subtotal and Average 9,084.52 0.00123 4.8904.890 LAIF
LAIF5 44,305,517.89 44,305,517.8944,142,298.22SYS5 317,722.58 -163,219.674.4804.480 1 44,305,517.8944,142,298.2244,305,517.8944,305,517.89Subtotal and Average 317,722.58 -163,219.671 4.4804.480 Gov't Money Market
DRYFUS7 182,575.00 182,575.0008/23/2024 182,575.00X9USDCRGO 166.16 0.004.9304.930 1 182,575.00182,575.00182,575.0039,683.87Subtotal and Average 166.16 0.001 4.9304.930 Medium Term Notes
APPL6048 1,040,000.00 1,040,000.00 09/11/202401/07/2020 1,039,147.20037833DM9 8,840.00 -852.801.7991.800 10 TOYOTA6046 1,600,000.00 1,599,984.00 10/07/202410/24/2019 1,594,848.0089236TGL3 12,800.00 -5,136.002.0002.000 36 APPL6049 1,000,000.00 1,037,212.20 01/13/202501/13/2020 992,060.00037833DF4 3,666.67 -45,152.201.9642.750 134 3M6053 2,000,000.00 2,016,869.48 02/14/202502/14/2020 1,972,420.0088579YBH3 1,888.89 -44,449.481.8222.000 166 XOM6056 3,000,000.00 3,145,587.00 03/06/202503/11/2020 2,966,460.0030231GAF9 39,506.25 -179,127.001.6892.709 186 TRU6058 2,000,000.00 1,969,486.00 03/10/202503/13/2020 1,961,920.0089788JAA7 14,250.00 -7,566.001.8211.500 190 XOM6064 2,000,000.00 2,113,800.00 03/19/202504/20/2020 1,978,880.0030231GBH4 26,928.00 -134,920.001.7772.992 199 TOYOTA6067 3,000,000.00 2,959,140.00 01/09/202603/09/2021 2,858,730.0089236THW8 3,466.66 -100,410.001.0900.800 495 APPL6065 2,000,000.00 1,996,860.00 02/08/202602/08/2021 1,903,100.00037833EB2 894.44 -93,760.000.7320.700 525 APPL6066 3,000,000.00 3,331,380.00 02/23/202602/23/2021 2,958,840.00037833BY5 2,166.67 -372,540.000.9803.250 540 JP6068 3,000,000.00 3,000,000.00 06/22/202606/22/2021 2,778,810.0046632FSCO 6,325.00 -221,190.001.1001.100 659 24,210,318.6823,005,215.2023,640,000.0024,794,794.47Subtotal and Average 120,732.58 -1,205,103.48339 1.4331.968 Federal Agency Issues - Coupon
FHLB3576 3,000,000.00 2,995,657.09 12/21/202612/22/2021 2,827,410.003130AQF65 7,291.66 -168,247.091.2801.250 841 2,995,657.092,827,410.003,000,000.002,995,657.09Subtotal and Average 7,291.66 -168,247.09841 1.2801.250 Federal Agency Issues - Callable
FHLMC4535 3,000,000.00 2,998,950.00 06/23/202506/23/2020 2,906,760.003134GVZ68 3,966.67 -92,190.000.7070.700 295 FFCB4537 3,000,000.00 2,997,750.00 06/30/202507/06/2020 2,904,630.003133ELQ49 3,558.33 -93,120.000.7150.700 302 FNMA4538 3,250,000.00 3,248,862.50 07/14/202507/14/2020 3,141,742.503136G4YH0 2,970.14 -107,120.000.7070.700 316 FNMA4541 3,000,000.00 3,000,000.00 07/22/202507/22/2020 2,897,850.003136G4A45 2,307.50 -102,150.000.7100.710 324 FHLB4544 3,000,000.00 2,997,000.00 08/27/202508/27/2020 2,882,850.003130AJZ36 200.00 -114,150.000.6200.600 360 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11

Page 107 of 218 ends
Page 2 ends

Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
August 31, 2024
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF PLEASANTON
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Agency Issues - Callable
FHLMC4545 3,000,000.00 2,998,950.00 09/09/202509/09/2020 2,881,830.003134GWA55 9,316.67 -117,120.000.6570.650 373 FFCB4548 3,340,000.00 3,336,660.00 09/29/202510/05/2020 3,215,050.603133EMBJ0 7,474.18 -121,609.400.5500.530 393 FHLMC4547 3,000,000.00 3,000,000.00 09/30/202509/30/2020 2,888,250.003134GWW93 6,920.83 -111,750.000.5500.550 394 FHLMC4549 3,000,000.00 2,997,600.00 09/30/202510/07/2020 2,888,250.003134GWWT9 6,920.83 -109,350.000.5660.550 394 FHLMC4550 3,000,000.00 3,000,000.00 10/28/202510/28/2020 2,882,010.003134GW3F1 6,150.00 -117,990.000.6000.600 422 FHLB4553 3,000,000.00 2,996,250.00 11/25/202511/25/2020 2,865,690.003130AKGD2 4,560.00 -130,560.000.5950.570 450 FNMA4552 3,000,000.00 3,000,000.00 11/25/202511/25/2020 2,874,390.003135GA3W9 4,800.00 -125,610.000.6000.600 450 FHLMC4554 3,000,000.00 3,000,000.00 12/01/202512/01/2020 2,873,580.003134GXDM3 4,650.00 -126,420.000.6200.620 456 FHLB4555 3,000,000.00 3,000,000.00 01/22/202601/22/2021 2,855,310.003130AKQ74 2,031.25 -144,690.000.6250.625 508 FHLB4557 3,000,000.00 3,000,000.00 01/28/202601/28/2021 2,854,530.003130AKRN8 1,787.50 -145,470.000.6500.650 514 FNMA4556 3,000,000.00 3,000,000.00 01/28/202601/28/2021 2,856,060.003135G06R9 1,512.50 -143,940.000.5500.550 514 FHLB4558 3,000,000.00 3,000,000.00 02/12/202602/12/2021 2,848,290.003130AKXQ4 950.00 -151,710.000.1100.600 529 FHLB4560 3,000,000.00 3,000,000.00 02/17/202602/17/2021 2,848,260.003130AL3S1 729.17 -151,740.000.6250.625 534 FHLB4561 3,000,000.00 3,000,000.00 02/24/202602/24/2021 2,847,330.003130AL5X8 379.17 -152,670.000.6500.650 541 FHLB4562 3,125,000.00 3,122,500.00 02/24/202602/24/2021 2,963,750.003130AKXJ0 364.58 -158,750.000.6160.600 541 FHLB4563 3,000,000.00 3,000,000.00 02/24/202602/24/2021 2,851,620.003130ALCV4 437.50 -148,380.000.7500.750 541 FHLB4559 3,000,000.00 3,000,000.00 02/26/202602/26/2021 2,846,790.003130AKZ25 270.83 -153,210.000.6500.650 543 FHLB4572 3,000,000.00 2,989,560.00 02/26/202603/15/2021 2,855,340.003130ALGR9 354.17 -134,220.000.9220.850 543 FHLB4574 3,000,000.00 2,985,960.00 02/26/202603/18/2021 2,855,340.003130ALGR9 354.17 -130,620.000.9470.850 543 FHLB4577 3,000,000.00 2,982,510.00 02/26/202603/22/2021 2,855,340.003130ALGR9 354.17 -127,170.000.9710.850 543 FHLB4579 3,000,000.00 2,978,517.00 02/26/202603/31/2021 2,855,340.003130ALGR9 354.17 -123,177.001.0000.850 543 FHLB4565 3,000,000.00 3,000,000.00 03/16/202603/16/2021 2,848,680.003130ALDN1 11,000.00 -151,320.000.8000.800 561 FHLB4569 3,000,000.00 3,000,000.00 03/23/202603/23/2021 2,850,210.003130ALGC2 11,520.83 -149,790.000.8750.875 568 FHLB4576 3,000,000.00 2,987,700.00 03/23/202603/23/2021 2,850,210.003130ALGC2 11,520.83 -137,490.000.9590.875 568 FFCB4575 3,000,000.00 3,000,000.00 03/25/202603/25/2021 2,862,870.003133EMUK6 13,650.00 -137,130.001.0501.050 570 FHLB4571 3,000,000.00 3,000,000.00 03/30/202603/30/2021 2,854,080.003130ALMM3 12,583.33 -145,920.001.0001.000 575 FHLB4578 3,000,000.00 2,998,050.00 03/30/202603/30/2021 2,853,180.003130ALNT7 12,331.67 -144,870.000.9930.980 575 FHLB4581 3,000,000.00 2,996,250.00 03/30/202604/05/2021 2,854,080.003130ALMM3 12,583.33 -142,170.001.0251.000 575 FHLB4580 3,000,000.00 2,995,500.00 04/15/202604/15/2021 2,851,260.003130ALUC6 11,560.00 -144,240.001.0501.020 591 FHLB4585 2,795,000.00 2,795,000.00 05/19/202605/20/2021 2,648,458.153130AMCL4 8,077.55 -146,541.851.0191.020 625 FHLB4587 3,000,000.00 2,998,500.00 05/26/202605/26/2021 2,840,040.003130AMH62 7,916.67 -158,460.001.0101.000 632 FHLB4588 3,000,000.00 2,998,950.00 05/26/202605/26/2021 2,839,050.003130AMGW6 7,758.33 -159,900.000.9870.980 632 FHLB4590 2,750,000.00 2,746,562.50 05/26/202606/02/2021 2,597,677.503130AMHB1 6,349.83 -148,885.000.9000.875 632 FHLB4591 1,500,000.00 1,500,000.00 05/26/202606/02/2021 1,420,020.003130AMH62 3,958.33 -79,980.000.9991.000 632 FFCB4595 3,000,000.00 2,997,000.00 06/15/202606/24/2021 2,836,320.003133EMH21 5,700.00 -160,680.000.9200.900 652 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM8) 7.3.11

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Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
August 31, 2024
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF PLEASANTON
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Agency Issues - Callable
FHLB4592 3,000,000.00 3,000,000.00 06/30/202606/30/2021 2,838,150.003130AMSL7 5,235.83 -161,850.001.0301.030 667 FHLB4594 3,000,000.00 3,000,000.00 06/30/202606/30/2021 2,840,250.003130AMYA4 5,439.17 -159,750.001.0701.070 667 FHLB4596 1,500,000.00 1,500,000.00 06/30/202606/30/2021 1,418,295.003130AN2Q2 2,541.67 -81,705.001.0001.000 667 FHLB4597 3,000,000.00 2,999,250.00 07/14/202607/14/2021 2,834,250.003130AMWK4 3,995.00 -165,000.001.0251.020 681 FHLB4598 3,000,000.00 2,983,500.00 09/30/202609/30/2021 2,810,340.003130AP2P9 11,576.67 -173,160.001.0330.920 759 FHLB4599 3,000,000.00 2,997,750.00 10/14/202610/14/2021 2,818,890.003130APC94 12,215.83 -178,860.001.0851.070 773 FHLB4600 530,000.00 526,947.20 11/24/202612/09/2021 498,968.503130APU78 1,856.47 -27,978.701.4201.300 814 FHLB4601 1,840,000.00 1,829,401.60 11/24/202612/09/2021 1,732,268.003130APUR4 6,445.11 -97,133.601.4201.300 814 FHLB4602 3,000,000.00 2,988,000.00 12/01/202612/09/2021 2,827,680.003130APVC6 10,312.50 -160,320.001.4581.375 821 FHLB4605 3,000,000.00 2,999,250.00 12/29/202601/03/2022 2,824,980.003130AQG80 7,336.67 -174,270.001.4251.420 849 FHLB4606 3,000,000.00 2,982,750.00 12/29/202601/10/2022 2,824,980.003130AQG80 7,336.67 -157,770.001.5401.420 849 FHLB4603 3,000,000.00 3,000,000.00 12/30/202612/30/2021 2,821,440.003130AQEC3 6,964.17 -178,560.001.3701.370 850 FHLB4604 3,000,000.00 2,998,500.00 12/30/202612/30/2021 2,821,800.003130AQEF6 6,989.58 -176,700.001.3851.375 850 FHLB4607 3,000,000.00 2,975,010.00 01/28/202702/08/2022 2,844,150.003130AQLD3 4,812.50 -130,860.001.9261.750 879 FHLB4608 3,000,000.00 2,995,500.00 02/25/202703/08/2022 2,862,780.003130AQW66 1,040.00 -132,720.002.1112.080 907 158,420,440.80150,921,540.25158,630,000.00158,420,440.80Subtotal and Average 304,282.87 -7,498,900.55576 0.9160.898 Supranationals
IFC7000 1,000,000.00 980,200.00 02/26/202606/28/2021 948,750.0045950VPS9 69.44 -31,450.000.9350.500 543 980,200.00948,750.001,000,000.00980,200.00Subtotal and Average 69.44 -31,450.00543 0.9350.500 231,247,338.09 222,517,033.87 231,583,954.66 1.709 443 1.668 759,349.81 -9,066,920.79232,025,539.32Total and Average Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM8) 7.3.11

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Par Value
Stated
Rate
August 31, 2024
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF PLEASANTON
S&P
YTM
Moody'sCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Certificates of Deposit - Bank
FREMON1093-2 239,245.20 239,245.204.89009/21/2024SYS 04/20/2024 239,245.204.890 VCB1091-2 250,000.00 250,000.004.89004/11/2025SYS 1091 04/11/2024 250,000.004.890 489,245.20Certificates of Deposit - Bank Totals 489,245.200.004.890489,245.20 LAIF
LAIF5 44,305,517.89 44,305,517.894.480SYS5 44,305,517.894.480 44,305,517.89LAIF Totals 44,305,517.890.004.48044,305,517.89 Gov't Money Market
DRYFUS7 182,575.00 182,575.004.930X9USDCRGO 08/23/2024 182,575.004.930 182,575.00Gov't Money Market Totals 182,575.000.004.930182,575.00 Medium Term Notes
APPL6048 1,040,000.00 1,040,000.001.80009/11/2024037833DM9 Aaa Received01/07/2020 1,040,000.00AA1.800 TOYOTA6046 1,600,000.00 1,599,984.002.00010/07/202489236TGL3 A Received10/24/2019 1,599,984.00A2.000 APPL6049 1,000,000.00 1,037,212.202.75001/13/2025037833DF4 Aaa01/13/2020 1,037,212.20AA1.965 3M6053 2,000,000.00 2,016,869.482.00002/14/202588579YBH3 A02/14/2020 2,016,869.48BBB1.823 XOM6056 3,000,000.00 3,145,587.002.70903/06/202530231GAF9 Aa Received03/11/2020 3,145,587.00AA1.690 TRU6058 2,000,000.00 1,969,486.001.50003/10/202589788JAA7 A Received03/13/2020 1,969,486.00A1.821 XOM6064 2,000,000.00 2,113,800.002.99203/19/202530231GBH4 Aa Received04/20/2020 2,113,800.00AA1.777 TOYOTA6067 3,000,000.00 2,959,140.000.80001/09/202689236THW8 A Received03/09/2021 2,959,140.00A1.090 APPL6065 2,000,000.00 1,996,860.000.70002/08/2026037833EB2 Aaa02/08/2021 1,996,860.00AA0.732 APPL6066 3,000,000.00 3,331,380.003.25002/23/2026037833BY5 Aaa02/23/2021 3,331,380.00AA0.981 JP6068 3,000,000.00 3,000,000.001.10006/22/202646632FSCO Aa06/22/2021 3,000,000.00A1.100 24,210,318.68Medium Term Notes Totals 24,210,318.680.001.43323,640,000.00 Federal Agency Issues - Coupon
FHLB3576 3,000,000.00 2,995,657.091.25012/21/20263130AQF65 Aaa12/22/2021 2,995,657.09AA1.280 2,995,657.09Federal Agency Issues - Coupon Totals 2,995,657.090.001.2803,000,000.00 Federal Agency Issues - Callable
FHLMC4535 3,000,000.00 2,998,950.000.70006/23/20253134GVZ68 Aaa06/23/2020 2,998,950.00AA0.707 FFCB4537 3,000,000.00 2,997,750.000.70006/30/20253133ELQ49 Aaa Received07/06/2020 2,997,750.00AA0.715 FNMA4538 3,250,000.00 3,248,862.500.70007/14/20253136G4YH0 07/14/2020 3,248,862.50AA0.707 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11

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Par Value
Stated
Rate
August 31, 2024
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF PLEASANTON
S&P
YTM
Moody'sCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Federal Agency Issues - Callable
FNMA4541 3,000,000.00 3,000,000.000.71007/22/20253136G4A45 Aaa07/22/2020 3,000,000.00AA0.710 FHLB4544 3,000,000.00 2,997,000.000.60008/27/20253130AJZ36 Aaa08/27/2020 2,997,000.00AA0.620 FHLMC4545 3,000,000.00 2,998,950.000.65009/09/20253134GWA55 Aaa09/09/2020 2,998,950.00AA0.657 FFCB4548 3,340,000.00 3,336,660.000.53009/29/20253133EMBJ0 Aaa Received10/05/2020 3,336,660.00AA0.550 FHLMC4547 3,000,000.00 3,000,000.000.55009/30/20253134GWW93 Aaa09/30/2020 3,000,000.00AA0.550 FHLMC4549 3,000,000.00 2,997,600.000.55009/30/20253134GWWT9 Aaa Received10/07/2020 2,997,600.000.566 FHLMC4550 3,000,000.00 3,000,000.000.60010/28/20253134GW3F1 Aaa10/28/2020 3,000,000.000.600 FHLB4553 3,000,000.00 2,996,250.000.57011/25/20253130AKGD2 Aaa11/25/2020 2,996,250.00AA0.595 FNMA4552 3,000,000.00 3,000,000.000.60011/25/20253135GA3W9 Aaa11/25/2020 3,000,000.00AA0.600 FHLMC4554 3,000,000.00 3,000,000.000.62012/01/20253134GXDM3 Aaa12/01/2020 3,000,000.000.620 FHLB4555 3,000,000.00 3,000,000.000.62501/22/20263130AKQ74 Aaa01/22/2021 3,000,000.00AA0.625 FHLB4557 3,000,000.00 3,000,000.000.65001/28/20263130AKRN8 Aaa01/28/2021 3,000,000.00AA0.650 FNMA4556 3,000,000.00 3,000,000.000.55001/28/20263135G06R9 Aaa01/28/2021 3,000,000.00AA0.550 FHLB4558 3,000,000.00 3,000,000.000.60002/12/20263130AKXQ4 Aaa02/12/2021 3,000,000.00AA0.110 FHLB4560 3,000,000.00 3,000,000.000.62502/17/20263130AL3S1 Aaa02/17/2021 3,000,000.00AA0.625 FHLB4561 3,000,000.00 3,000,000.000.65002/24/20263130AL5X8 Aaa02/24/2021 3,000,000.00AA0.650 FHLB4562 3,125,000.00 3,122,500.000.60002/24/20263130AKXJ0 02/24/2021 3,122,500.00AA0.616 FHLB4563 3,000,000.00 3,000,000.000.75002/24/20263130ALCV4 02/24/2021 3,000,000.00AA0.750 FHLB4559 3,000,000.00 3,000,000.000.65002/26/20263130AKZ25 Aaa02/26/2021 3,000,000.00AA0.650 FHLB4572 3,000,000.00 2,989,560.000.85002/26/20263130ALGR9 Aaa Received03/15/2021 2,989,560.00AA0.922 FHLB4574 3,000,000.00 2,985,960.000.85002/26/20263130ALGR9 Aaa Received03/18/2021 2,985,960.00AA0.947 FHLB4577 3,000,000.00 2,982,510.000.85002/26/20263130ALGR9 Aaa Received03/22/2021 2,982,510.00AA0.971 FHLB4579 3,000,000.00 2,978,517.000.85002/26/20263130ALGR9 Aaa Received03/31/2021 2,978,517.00AA1.000 FHLB4565 3,000,000.00 3,000,000.000.80003/16/20263130ALDN1 Aaa03/16/2021 3,000,000.00AA0.800 FHLB4569 3,000,000.00 3,000,000.000.87503/23/20263130ALGC2 Aaa03/23/2021 3,000,000.00AA0.875 FHLB4576 3,000,000.00 2,987,700.000.87503/23/20263130ALGC2 Aaa03/23/2021 2,987,700.00AA0.959 FFCB4575 3,000,000.00 3,000,000.001.05003/25/20263133EMUK6 Aaa03/25/2021 3,000,000.00AA1.050 FHLB4571 3,000,000.00 3,000,000.001.00003/30/20263130ALMM3 Aaa03/30/2021 3,000,000.00AA1.000 FHLB4578 3,000,000.00 2,998,050.000.98003/30/20263130ALNT7 Aaa03/30/2021 2,998,050.00AA0.993 FHLB4581 3,000,000.00 2,996,250.001.00003/30/20263130ALMM3 Aaa Received04/05/2021 2,996,250.00AA1.026 FHLB4580 3,000,000.00 2,995,500.001.02004/15/20263130ALUC6 Aaa04/15/2021 2,995,500.00AA1.051 FHLB4585 2,795,000.00 2,795,000.001.02005/19/20263130AMCL4 Aaa Received05/20/2021 2,795,000.00AA1.020 FHLB4587 3,000,000.00 2,998,500.001.00005/26/20263130AMH62 Aaa05/26/2021 2,998,500.00AA1.010 FHLB4588 3,000,000.00 2,998,950.000.98005/26/20263130AMGW6 Aaa05/26/2021 2,998,950.00AA0.987 FHLB4590 2,750,000.00 2,746,562.500.87505/26/20263130AMHB1 Aaa Received06/02/2021 2,746,562.50AA0.901 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PMS) 7.3.11

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Par Value
Stated
Rate
August 31, 2024
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF PLEASANTON
S&P
YTM
Moody'sCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Federal Agency Issues - Callable
FHLB4591 1,500,000.00 1,500,000.001.00005/26/20263130AMH62 Aaa Received06/02/2021 1,500,000.00AA1.000 FFCB4595 3,000,000.00 2,997,000.000.90006/15/20263133EMH21 Aaa Received06/24/2021 2,997,000.00AA0.921 FHLB4592 3,000,000.00 3,000,000.001.03006/30/20263130AMSL7 Aaa06/30/2021 3,000,000.00AA1.030 FHLB4594 3,000,000.00 3,000,000.001.07006/30/20263130AMYA4 Aaa06/30/2021 3,000,000.00AA1.070 FHLB4596 1,500,000.00 1,500,000.001.00006/30/20263130AN2Q2 Aaa06/30/2021 1,500,000.00AA1.000 FHLB4597 3,000,000.00 2,999,250.001.02007/14/20263130AMWK4 Aaa07/14/2021 2,999,250.00AA1.025 FHLB4598 3,000,000.00 2,983,500.000.92009/30/20263130AP2P9 Aaa09/30/2021 2,983,500.00AA1.033 FHLB4599 3,000,000.00 2,997,750.001.07010/14/20263130APC94 Aaa10/14/2021 2,997,750.00AA1.085 FHLB4600 530,000.00 526,947.201.30011/24/20263130APU78 Aaa Received12/09/2021 526,947.20AA1.421 FHLB4601 1,840,000.00 1,829,401.601.30011/24/20263130APUR4 Aaa Received12/09/2021 1,829,401.60AA1.421 FHLB4602 3,000,000.00 2,988,000.001.37512/01/20263130APVC6 Aaa Received12/09/2021 2,988,000.00AA1.459 FHLB4605 3,000,000.00 2,999,250.001.42012/29/20263130AQG80 Aaa Received01/03/2022 2,999,250.00AA1.425 FHLB4606 3,000,000.00 2,982,750.001.42012/29/20263130AQG80 Aaa Received01/10/2022 2,982,750.00AA1.541 FHLB4603 3,000,000.00 3,000,000.001.37012/30/20263130AQEC3 Aaa12/30/2021 3,000,000.00AA1.370 FHLB4604 3,000,000.00 2,998,500.001.37512/30/20263130AQEF6 Aaa12/30/2021 2,998,500.00AA1.385 FHLB4607 3,000,000.00 2,975,010.001.75001/28/20273130AQLD3 Aaa Received02/08/2022 2,975,010.00AA1.926 FHLB4608 3,000,000.00 2,995,500.002.08002/25/20273130AQW66 Aaa Received03/08/2022 2,995,500.00AA2.112 158,420,440.80Federal Agency Issues - Callable Totals 158,420,440.800.000.916158,630,000.00 Supranationals
IFC7000 1,000,000.00 980,200.000.50002/26/202645950VPS9 Aaa Received06/28/2021 980,200.00AAA0.935 980,200.00Supranationals Totals 980,200.000.000.9351,000,000.00 231,583,954.66Investment Totals 231,583,954.660.00231,247,338.09 1.668 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PMS) 7.3.11

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Page 1 ends

Stated
Rate
Transaction
Date
August 1, 2024 through August 31, 2024
Activity By Type
Balance
Portfolio Management

CITY OF PLEASANTON
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Certificates of Deposit - Bank
489,245.20Subtotal
LAIF (Monthly Summary)
44,305,517.89Subtotal
Gov't Money Market (Monthly Summary)
Dryfus Govt Cash Mgmt 6727 182,575.004.930 0.00X9USDCRGO

0.00 182,575.00Subtotal 182,575.00
Medium Term Notes
PACCAR FINANCIAL CORP6062 0.002.150 08/15/2024 1,294,196.4069371RQ25 1,294,196.40 24,210,318.68Subtotal 0.00
Federal Agency Issues - Coupon
2,995,657.09Subtotal
Federal Agency Issues - Callable
158,420,440.80Subtotal
Supranationals
980,200.00Subtotal
231,583,954.66Total 1,294,196.40182,575.00
Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11

Page 113 of 218 ends
Page 1 ends

August 2023 through August 2024
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Average
Balance
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity

CITY OF PLEASANTON
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
226,572,122.96August 2023 75 1,547 7671.363 1.382 3.434 0 1 222,199,727.26September 2023 74 1,589 7611.319 1.338 3.534 0 0 216,627,684.25October 2023 74 1,612 7441.304 1.322 3.670 0 0 215,466,393.93November 2023 74 1,612 7181.323 1.342 3.843 0 0 230,337,361.67December 2023 74 1,386 5941.688 1.711 3.929 0 0 247,834,511.04January 2024 74 1,403 5801.679 1.702 4.012 0 1 243,504,467.82February 2024 73 1,426 5661.665 1.688 4.122 0 0 240,078,438.89March 2024 73 1,444 5491.665 1.688 4.272 0 0 254,330,644.64April 2024 75 1,305 4751.915 1.942 4.272 2 2 263,538,122.69May 2024 73 1,301 4561.926 1.953 4.332 0 1 260,556,724.84June 2024 72 1,326 4431.920 1.946 4.480 0 0 249,460,826.05July 2024 72 1,469 4661.649 1.672 4.480 0 0 232,025,539.32August 2024 73 1,467 4431.645 1.668 4.480 1 1 Average 238,637,146.35 1.620% 1.643% 4.066 0 0 1,453 58274 Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11

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August 2023 through August 2024
Distribution of Investments By Type
Portfolio Management

CITY OF PLEASANTON
AverageSeptemberAugust October
2023 2023 by Period
DecemberNovember January
2023 2024
MarchFebruary April
2024 2024
May July
2024 2024
August
2024Security Type
June
2024202420232023

0.2 0.20.2Certificates of Deposit - Bank 0.2 0.20.2 0.2 0.20.2 0.2 0.20.2 0.2 0.2% Certificates of Deposit - S & L

12.4 11.114.7LAIF 23.6 22.711.1 20.5 28.121.5 27.0 19.028.3 19.1 19.9% Fidelity - Government Fund
Gov't Money Market 0.1
Managed Pool Accounts -4
Passbook/Checking Accounts

13.1 13.312.7Medium Term Notes 11.4 11.213.3 11.5 10.411.4 9.9 11.09.7 10.5 11.5% Bankers Acceptances
Commercial Paper - Discount

1.4 1.41.3Federal Agency Issues - Coupon 1.2 1.21.4 1.3 1.11.2 1.2 1.31.1 1.3 1.3% Federal Agency Issues - Discount
Treasury Securities - Coupon
Treasury Securities - Discount

72.5 73.570.6Federal Agency Issues - Callable 63.3 64.373.5 66.2 59.865.4 61.4 68.160.3 68.4 66.7%

0.5 0.50.4Supranationals 0.4 0.40.5 0.4 0.40.4 0.4 0.40.4 0.4 0.4% Miscellaneous Securities - Discount
Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11

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August 31, 2024
Interest Earnings Summary
Month EndingAugust 31 Fiscal Year To Date
Portfolio Management

CITY OF PLEASANTON
CD/Coupon/Discount Investments:
242,247.50Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
441,461.07
( 520,163.52)
492,222.50
441,461.07
( 605,322.56)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods
163,545.05
35,803.60
328,361.01
35,803.60
199,348.65 364,164.61
Pass Through Securities:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period

0.00 ( 0.00)

0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Cash/Checking Accounts:

0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
317,888.74
( 149,143.12)
805,517.89
317,888.74
( 722,290.92)
Interest Earned during Period 168,745.62 401,115.71
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
332,290.67
35,803.60
729,476.72
35,803.60
368,094.27 765,280.32
Portfolio PLST
CC
Run Date: 09/30/2024 - 18:38 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11

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Item #8

CITY COUNCIL AGENDA REPORT

October 15, 2024
Finance

TITLE: ADOPT A RESOLUTION TO 1) ESTABLISH A CONVENIENCE SURCHARGE FOR CREDIT CARD PAYMENTS MADE TO THE CITY AND 2) UPDATE THE

INDIRECT COST RATE

SUMMARY
This staff report requests two separate actions from the City Council: 1) the establishment of a credit card convenience surcharge and 2) the approval of an updated overhead rate.

Over the years, the City has expanded the opportunity for its customers to pay for permits and services using credit cards. These transactions require the City to pay fees to credit card companies, payment processors, and the bank. To mitigate the significant revenue loss, staff recommends establishing a 2.50 percent convenience surcharge on all payments made to the City using a credit card.

The City has conducted an indirect cost allocation study, and the new indirect cost rate is calculated at 27.03 percent. The resulting indirect cost rate can be applied to direct salaries and benefits that are charged directly to City funds, departments, and services for the purpose of recovering indirect services costs. The cost allocation plan was prepared in advance of a Citywide fee study planned for fiscal year 2024/25.

RECOMMENDATION
Adopt a resolution (Attachment 1) to:

1. Establish a 2.50 percent convenience surcharge on all payments made to the City using a credit card, effective January 1, 2025, and

2. Update the City’s indirect cost rate to 27.03 percent, effective November 18, 2024.

BACKGROUND
This staff report requests two separate actions from the City Council: 1) the establishment of a credit card convenience surcharge and 2) the approval of an updated indirect cost, or overhead, rate.

Convenience Surcharge for Credit Card Payments
The City accepts credit card payments online and at City department cashiering counters.

While credit card payments offer many benefits to the City and its customers, the City must pay fees to credit card companies, payment processing vendors, and the bank. In recent years, the City has paid over $400,000 in annual fees for various services/departments.

Currently, these costs are borne by the General Fund, Non-General Funds, and Water and Sewer Enterprise Funds. To mitigate the growing financial impact of credit card fees on the City’s revenue, staff evaluated establishing a convenience surcharge to be charged to

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customers who pay the City by credit card. Credit card surcharges are often charged as a percentage of the base charge to offset revenue loss.

Indirect Cost Rate
A cost allocation plan is an analysis that apportions the City’s administrative or indirect services costs to its individual departments and/or direct cost centers. Allocated costs are typically termed “Citywide overhead.” Most indirect services costs are expenditures that provide support services or oversight to each department Citywide and typically include legislative, managerial, financial, administrative, legal, personnel, technology, building and equipment use, and risk management activities.

While the review and analysis of development impact fees and certain fees such as special events permits, event support services, and group use of City fields are in process, a Citywide fee study is planned for fiscal year 2024/25 in which fees for all City departments will be analyzed to ensure full cost recovery where applicable. Since user fees include direct and indirect costs, the City conducted a cost allocation study in advance of the citywide fee study.

The fiscal year 2024/25 Master Fee Schedule will be updated following City Council approval of the convenience surcharge for credit card payments and the updated indirect cost rate.

DISCUSSION
Convenience Surcharge
The City conducted an analysis to determine the convenience surcharge for credit card payments. The primary purpose of this analysis is to ensure that the convenience surcharge charged by the City does not exceed the costs of providing services. Understanding the total estimated and reasonable costs of providing services also presents the City Council with the information needed to adopt surcharge amounts at full cost recovery.

The City utilizes multiple credit card processors to collect payments, depending on the department and/or cashiering location processing the charge, and each credit card processor applies different processing fees, typically based on a percentage of the transaction amount, a per-transaction amount, or a combination of both. In fiscal year 2023/24, the City processed approximately 38,000 credit card transactions with about $15 million in total transaction receipts. Total fees were over $400,000, with more than 50 percent of the fees incurred by the water and sewer programs associated with utility billings. The average processing fee paid by the City was 2.73%.

The City is in the process of upgrading its financial system to a newer version; with this upgrade, the City is required to change its credit card processing vendor. The vendor for the City’s financial system offers a few options, and the credit card processing fees are expected to be at 2.45%, 3.25%, or 3.75%, depending on the selected payment processor. As such, the City is planning to select a payment processor with a lower rate. The result of this conversion is that the average processing fee is expected to be 2.50%. The conversion is expected to be completed by the end of December 2024. Therefore, staff recommends establishing a 2.50% convenience surcharge effective January 1, 2025.

Indirect Cost Rate
The comprehensive cost allocation study involved organizational analysis, expenditure analysis, allocation factor assignment, cost allocation exercise, and derivation of outcomes.

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• Organizational analysis is the identification of entire departments or functions within departments Citywide that provide indirect services, broadly or specifically, to departments outside their own.
• Expenditure analysis is the review of line-item expenditures to determine the inclusion/exclusion of specific expenditures for each indirect service department. • An allocation factor is a data set used as the basis for distributing indirect services costs to departments receiving support or benefit from the cost pool. Allocation factors can include general data sets, such as employee count or budgeted expenditures in each department, or other data that identifies how each indirect cost center supports other departments and programs.
• Cost allocation represents each indirect services cost pool distributed across departments following the distribution inherent in the selected allocation factor for each pool. This results in a total share of indirect services costs for each department. • Derivation of outcomes represent various outcomes generated based on the total share of indirect services costs identified for each department.

The City’s new overhead rate, calculated at 27.03%, can be applied to salaries and benefits charged directly to City funds, departments, and services to recover indirect services costs.

Staff recommends the updated rate be effective November 18, 2024.

EQUITY AND SUSTAINABILITY
Generating sufficient revenue and ensuring the City’s fiscal sustainability allows the City to continue providing programs and services that benefit all residents.

OUTREACH
No outreach was conducted, as this item is an administrative matter of City business.

STRATEGIC PLAN ALIGNMENT
This item aligns with the ONE Pleasanton strategic plan goal of Funding Our Future that supports financial health and sound fiscal policies.

FISCAL IMPACT
The establishment of a convenience surcharge for credit card payments will allow the City to recover expenses currently being absorbed by City funds that the City can use toward other needs. Staff will propose appropriate budget amendments as part of the mid-year budget update.

Prepared by: Submitted by: Approved by:

Susan Hsieh, Director of
Finance
Susan Hsieh, Director of Finance

Gerry Beaudin, City
Manager

Attachments:

1. Resolution

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

ESTABLISHING A CONVENIENCE SURCHARGE FOR CREDIT CARD PAYMENTS

MADE TO THE CITY AND UPDATING THE INDIRECT COST RATE
WHEREAS, the City has expanded the opportunity for its customers to pay for permits and services using credit cards; and
WHEREAS, while credit card payments offer many benefits to the City and its customers, the City must pay fees to credit card companies, payment processing vendors, and the bank; and
WHEREAS, to mitigate the growing financial impact of credit card fees on the City’s revenue, the City wishes to establish a convenience surcharge on all payments made to the City using a credit card; and
WHEREAS, the City conducted a comprehensive cost allocation study to update its indirect cost rate.

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1.Establish a 2.50 percent convenience surcharge on all payments made to the City using a credit card, effective January 1, 2025.

SECTION 2. Update the City’s indirect cost rate to 27.03 percent, effective November 18, 2024.

SECTION 3. Authorize the City Manager to take any actions to implement the intent of this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on October 15, 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 October 15, 2024, by the following vote:

Ayes: Councilmembers
Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel G. Sodergren, City Attorney

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Item #9

CITY COUNCIL AGENDA REPORT

October 15, 2024
Library and Recreation

TITLE: ADOPT A RESOLUTION ACCEPTING $42,948 IN GRANT FUNDING FOR ADULT

LITERACY SERVICES FROM THE CALIFORNIA STATE LIBRARY FOR FY 2024/25

SUMMARY
Adult Literacy Services at the Pleasanton Library meet the needs of English language learners, along with English-as-a-Second Language services, referred to collectively as Pleasanton Reads. Funding from the State of California Library Literacy Services (CLLS) directs state and federal funds to support literacy programs in public libraries. On May 21, 2024, City Council approved the submittal of a CLLS grant application for FY 2024/25, and the City was awarded the funding on August 22, 2024. Acceptance of this grant would support the implementation of Adult Literacy Services in the Pleasanton community.

RECOMMENDATION
Adopt a resolution accepting $42,948 in grant funding for Adult Literacy Services from the California State Library for FY 2024/25.

BACKGROUND
The Pleasanton Library has provided Adult Literacy Services since 1985. Beginning in 2006, Pleasanton has applied for and received CLLS funding, administered by the California State Library under the direction of the State Librarian. In FY 2023/24, CLLS awarded the City a $43,777 grant for Adult Literacy Services and $61,071 for ESL Services, two interrelated literacy programs collectively known as Pleasanton Reads. City in-kind General Fund support for direct costs totaled $104,790. Pleasanton Reads served 176 adult English-language learners, 1,174 literacy program attendees, and 137 volunteer tutors in FY 2023/24. The program offered learners a welcoming environment to practice language skills that improved their quality of life, helped them form friendships and connect with community partner organizations, and provided channels for them to participate more fully in civic life. Learner feedback indicated that these opportunities filled critical needs, including speaking English and language fluency, building community connections, and utilizing unique support not found elsewhere in the community, such as WI- FI, computers, printing, books, materials, and library programs.

DISCUSSION
If approved, a resolution to accept the FY
2024/25 CLLS grant funding (Attachment 1), would support Adult Literacy Services and the following program goals:
• Seek new ways to attract volunteer tutors through marketing and outreach • Support waitlisted learners with resources (small group sessions) or referrals while they

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wait to be placed with volunteer tutors
• Connect tutors with in-service opportunities to help them expand their skills and confidence
• Work with community partners such as Tri-Valley Career Center and City Serve Tri- Valley to close service gaps for learners with referrals based on learner needs/goals • Inspire new language and life goals
• Provide learner and tutor pairs with print materials, high-quality digital tools, take-home computers, and Wi-Fi hotspots.

EQUITY AND SUSTAINABILITY
Adult Literacy Services further equity and belonging in the community by providing resources and tools for diverse community members, including immigrant and underserved populations, to learn English language skills, apply for jobs, navigate local services, help their children with schoolwork, build social connections and participate more fully in civic life.

OUTREACH
No outreach was conducted for this item.

STRATEGIC PLAN ALIGNMENT
This action advances the following Citywide goals and strategies:

ONE Pleasanton Citywide Strategic Plan:
• Building a Community Where Everyone Belongs
• Strategy 1 – Apply strategies from the City's diversity, equity, and inclusion (DEI) action plan to increase equitable access to City programs and services for the community.
• Strategy 3 – Implement high priority items from the Library and Recreation Strategic Plan to continue to deliver activities and programs that meet the needs and interests of the community.
• 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

1. $42,948 in Adult Literacy Services grant funding revenue and matching expenditures is budgeted in the Library Grants account (Org 11652102 and Project 25817) for FY 2024/25.

2. $95,983 in City in-kind general fund support for Adult Literacy Services is budgeted in the Library Public Services account (Org 00152300) for FY 2024/25.

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Prepared by: Submitted by: Approved by:

Lia Bushong, Assistant
Director of Library and
Recreation
Heidi Murphy, Director of Library and
Recreation

Gerry Beaudin, City
Manager

Attachments:

1. Resolution

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RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING STAFF TO ACCEPT THE CALIFORNIA STATE LIBRARY GRANT FUNDS FOR ADULT LITERACY SERVICES FOR FISCAL YEAR 2024/25 WHEREAS, the California State Library supports libraries with state funded and federally funded grants, statewide subscriptions to electronic resources, and statewide initiatives with partners offering further resources; and
WHEREAS, the Pleasanton Public Library's Adult Literacy Services Grant application was selected for grant funding, which will be used to enhance services to the Pleasanton community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Authorizes the City Manager to accept the California State Library grant funds for California Library Literacy Services in the amount of $42,948, as referenced in Exhibit A, and execute all necessary documents required by the grant program.

SECTION 2. 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 October 15, 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 October 15, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney
ATTACHMENT 1

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Item #10

CITY COUNCIL AGENDA REPORT

October 15, 2024
Public Works - Engineering Division

TITLE: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PAKPOUR CONSULTING GROUP, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE NOT-TO-EXCEED AMOUNT OF $186,624 FOR THE NEAR-TERM WATER IMPROVEMENTS PROJECT, CIP NO. 24172

SUMMARY
Staff recommends awarding a professional service agreement to Pakpour Consulting Group, Inc. (PCG) to replace the existing agreement with Carlson Management, Inc. (CM) to provide full-time construction support services for the Near-Term Water Improvements Project, CIP No. 24171. The request is necessary due to the unavailability of resources from the original professional services firm to provide the necessary service to manage the construction project.

The recommended agreement will use the remaining funds from the original agreement previously authorized by the City Council, not to exceed $186,624.

RECOMMENDATION
Approve a professional services agreement with Pakpour Consulting Group, Inc. under the on- call general civil engineering contract for a not-to-exceed amount of $186,624 for the Near- Term Water Improvements Project, CIP No. 24171, per the June 1, 2021, City Council Resolution.

BACKGROUND
On June 1, 2021, the City Council approved the on-call general civil engineering professional services agreements to four firms for the aggregate not-to-exceed total of $750,000 for services between July 1, 2021, and June 30, 2024, with the option of two one-year extensions.

The City Council also authorized the Director of Engineering to approve individual task authorizations up to $100,000 each and directed that if an individual task authorization was greater than $100,000, it would be presented to the City Council for consideration. In addition, the City Council resolution enabled staff to recommend work to be considered for a separate agreement and not count toward the established not-to-exceed aggregate amount of $750,000.

On July 20, 2021, the City Council approved the on-call construction management professional services agreements to three firms for an aggregate not-to-exceed total of $1 million between July 20, 2021, and June 30, 2024, with the option of two one-year extensions.

On March 19, 2024, the City Council authorized a task authorization to Carlson Management, Inc. under the on-call construction management agreement in the amount of $330,000 to provide construction management support services for the Near-Term Water Improvements, CIP No. 24171.

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DISCUSSION
The Near-Term Water Improvements, CIP No. 24171, is currently under construction; construction is approximately 14 percent complete and needs continued construction management support. Carlson Management, Inc. notified the City in June that the principal, Bill Carlson, could no longer provide full-time services and could not locate another construction manager with the necessary experience to backfill the position. The City reduced the City Manager task authorization to leave $30,000 available to support the project on an as-needed basis and to transition the tasks to the new consultant.

Staff contacted the three professional services firms with the On-Call General Civil Engineering contract and two remaining firms in the On-Call Construction Management firms. The City only received one qualified proposal from Pakpour Consulting Group, which is available to arrange for a construction manager with similar project experience to support the project immediately.

With this contract award, PCG will transition and substitute for Carlson Management, Inc. to oversee and manage the Near-Term Water Improvement projects.

PCG has provided design and construction support on multiple waterline projects in the city and is well-versed in the City’s water-related design and construction methods. Per the June 1 City Council Resolution for the on-call general civil engineering contract, staff could seek City Council approval to issue the work to be considered as a separate contract and not count toward the established not-to-exceed aggregate amount of $750,000. With only one qualified proposal received that can meet the City’s immediate need, the staff is seeking City Council approval to award a professional services agreement to Pakpour Consulting Group, Inc. under the City Council-approved on-call contracts not to exceed $186,624 to provide as-needed construction management support for the remaining Near-Term Water Improvements Project, CIP No. 24171. This contract award will utilize the remaining balance of the previously approved budget for construction management support by Carlson Management. No new funding is needed to award this contract.

EQUITY AND SUSTAINABILITY
Staff followed the City Procurement Policy for purchasing procedures and previously council approved provisions as these types of projects are routine matters of City business.

OUTREACH
Outreach was conducted via mail and social media at the start of construction for this project and continues to be updated with construction impacts as needed through social media and website postings.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 – Implement the Four-Year Capital Improvement Program (CIP) to complete the design and construction of budgeted capital projects and Strategy 3 – Identifying funding and implement the recommendations from the Water Supply Alternative Study to resolve PFAS water quality issues.

FISCAL IMPACT
City Council authorized a budget of $330,000 for construction management services to Carlson Management, Inc. as a part of the award of the Near-Term Water Improvements

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Project, CIP No. 24171, on March 19, 2024, construction contract to JMB Construction. To date, Carlson Management has expended $82,272 under the task authorization, and staff recommends keeping an additional $30,000 available to provide additional technical support.

The recommended amount of $186,624 shall be transferred from the remaining allocated agreement amount previously approved and issued to Carlson Management, Inc. to the new construction management consultant, Pakpour Consulting Group, Inc. No new funding is required for this agreement award approval.

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Pakpour Consulting Group Professional Services Agreement

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PROFESSIONAL SERVICES AGREEMENT
TH
IS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 15th day of October 2024, between the CITY OF PLEASANTON, a municipal corporation (“City”), and Pakpour Consulting Group, Inc., whose address is 5776 Stoneridge Mall Road, Suite 320, Pleasanton, CA 94588, and telephone number is (925) 224-7717, (“Consultant”).

RECI
TALS
A. Cons
ultant is qualified to and experienced in providing as-needed project/construction management services for the purposes specified in this Agreement.

B. Ci
ty finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.

NOW
THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. Consultant’s Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A.

3. Term. This contract shall commence on the date written above and shall expire on June 30, 2025.

4. Compensation. City shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $186,624.
a. Invoi
ces submitted to City must contain a brief description of work performed, time used and City reference number. Payment shall be made within thirty (30) days of receipt of Consultant’s invoice and approved by City.
b. Upon c
ompletion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

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5. Sufficiency of Consultant’s Work. All work product and all other documents prepared by Consultant shall be adequate and sufficient to meet the purposes for which they are prepared.

6. Ownership of Work. All work product and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

7. Changes. City may request changes in the scope of services to be provided by Consultant.

Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

8. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

9. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

10. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

11. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City’s acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph.

12. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured,

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the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:

a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney.

The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.

b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.

c. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all of Consultant’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.

d. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.

e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.

f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.

g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These provisions do not apply to Professional Liability.

h. Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.

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13. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Joubin Pakpour To City: City Manager Pakpour Consulting Group, City of Pleasanton
5776 Stoneridge Mall Road, P.O. Box 520
Suite 320 Pleasanton, CA 94566
Pleasanton, CA 94588

14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

15. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.

17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.

19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

20. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

21. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.

22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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23. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

24. Scope of Agreement. This writing constitutes the entire Agreement between the parties.

Any modification to the Agreement shall be in writing and signed by both parties.

THIS AGREEMENT executed the date and year first above written.

CITY OF PLEASANTON CONSULTANT

__________________________ By: __________________________ Gerry Beaudin, City Manager Signature

ATTEST: __________________________
Print name
__________________________
Jocelyn Kwong, City Clerk Its: __________________________ Title

Approved as to form:

_____________________________ By: __________________________ Daniel G. Sodergren, City Attorney Signature

__________________________
Print name

Its: __________________________
Title

[If Consultant is a corporation, signatures must comply with California Corporations Code §313]

Rev. 11/23

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