CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, December 3, 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 Balch
• Roll Call
Resolution No. 2024-073
Ordinance No. 2288
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 Council
1. Continued from November 19, 2024 - Approve the First Amendment to the Amended and Restated Employment Contract of City Manager Gerry Beaudin to provide for twelve months severance pay/benefits
City Manager
2. Approve meeting minutes of November 19, 2024
City Council Agenda Page 2 of 3 December 3, 2024
Community Development
3. Actions of the Zoning Administrator and Planning Commission
4. Adopt a resolution approving an application for the California Senate District 7 Accessory Dwelling Unit Accelerator Grant funding in the amount of $192,043.18, and authorize the City Manager to accept the award and make appropriate budget amendments in the Miscellaneous Operating Grants Fund
5. Adopt Ordinance No. 2287 an ordinance of the City Council of the City of Pleasanton approving amendments to Chapters 17.40 (Affordable Housing Fee),
17.44 (Inclusionary Zoning), and 18.38 (Housing Opportunity Zone District) of the Pleasanton Municipal Code, as filed under case P24-0334 Finance
6. Accept the monthly disbursement and investment report for October 2024 Fire
7. Accept the recommendation of the Board of Directors for the Livermore Pleasanton Fire Department's Joint Powers Authority (LPFD) and adopt a resolution authorizing LPFD to give notice of its withdrawal from the California Joint Powers Risk Management Authority (CJPRMA) and to explore alternate liability coverage Library and Recreation
8. Approve the Second Amendment to the Operator Agreement with Black Tie Transportation for Pleasanton Paratransit Services in an amount not to exceed $334,656 from January 1, 2025, through December 31, 2025 Public Works
9. Approve an additional construction contingency of $250,600 for a total project contingency amount of $377,600 to construct Bid Alternatives 1-4 for the Lions Wayside and Delucchi Parks Renovations project, CIP No. 06716
MEETING OPEN TO THE PUBLIC
10. 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.
11. Adopt a resolution certifying an exception to the 180-day waiting period to appoint retired annuitant Joseph Testa to serve as Interim Fire Chief pursuant to
City Council Agenda Page 3 of 3 December 3, 2024
Government Code sections 7522.56 and 21224
12. Receive biannual update regarding Police Department operations, services and activities
13. Introduce an ordinance amending Municipal Code Chapter 17.16 regarding Tree Preservation
MATTERS INITIATED BY COUNCIL
COUNCIL REPORTS
Brief reports on conferences, seminars, and meetings attended by the Council
ADJOURNMENT
Notice
Under Government Code §54957.5, any writings/documents regarding an open session item on this agenda and items received by the City Clerk’s Office by 12:00 p.m. on the day of the meeting provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection on the City’s website https://www.cityofpleasantonca.gov/ and also at the Pleasanton Library located at 400 Old Bernal Ave., Pleasanton, CA 94566.
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure § 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.
Accessible Public Meetings
The City of Pleasanton can provide special assistance for persons with disabilities to participate in public meetings. To make a request for a disability-related modification or accommodation (e.g., an assistive listening device), please contact the City Clerk’s Office at 123 Main Street, Pleasanton, CA 94566 or (925) 931-5027 at the earliest possible time. If you need sign language assistance, please provide at least two working days’ notice prior to the meeting date.
Item #1
ATTACHMENT 1
FIRST AMENDMENT TO AMENDED AND RESTATED
EMPLOYMENT CONTRACT CITY MANAGER
This First Amendment to Amended and Restated Employment Contract City Manager (“First Amendment”) is made and entered into _____________, 2024, between the City of Pleasanton and Girard “Gerry” Beaudin (“Beaudin”).
RECITALS
A. City and Beaudin entered into an Employment Contract on April 19 , 2022,
amended by the First Amendment dated December 20, 2022, and an Amended and Restated Employment Contract City Manager on October 17, 2023 (“Contract”); and
B. The Mayor and City Council reviewed his performance on July 16, 2024.
NOW, THEREFORE, in exchange for valuable consideration, the parties agree as follows:
Section 1. Section 14 of the Contract is amended to read as follows:
14. Severance Pay/Benefits. If City decides to terminate this Contract, City shall provide Beaudin with salary and medical/dental insurance benefits for a period of twelve months after the date of the notice of termination. This paragraph will not apply if the City terminates this Contract for conduct which is a felony.
Section 2. Except as provided in this First Amendment, all other terms and conditions of the Contract shall remain in full force and effect.
Executed as of the date first written above.
CITY OF PLEASANTON
_____________________________ _____________________________ Karla Brown, Mayor Girard “Gerry” Beaudin
Attest:
_____________________________
Jocelyn Kwong, City Clerk
Approved as to form:
_____________________________
Daniel G. Sodergren, City Attorney
City Council Minutes Page 1 of 7 November 19, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, November 19, 2024
7:00 PM
CALL TO ORDER
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 7:00 p.m. from the Council Chamber located a t 200 Old Bernal Avenue.
Councilmember Arkin provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None.
AGENDA AMENDMENTS
Vice Mayor Testa requested to remove item 1 from the consent calendar for further discussion and requested a bifurcated vote on the consent calendar for item 7.
Councilmember Balch continued item 1 to the next regular meeting.
Mayor Brown inquired if there was majority consensus to continue item 18 for consideration at a regular meeting of the new City Council. By majority consensus, the City Council agreed to continue item 18.
CONSENT CALENDAR
Mayor Brown opened public comment. The following individuals provided comment:
Arne Olson, Michael Nelson, Jim Lehrman, Michael Grossman, Linda Kelly.
Mayor Brown closed the public comment.
MOTION: It was m/s by Testa/Arkin to approve the consent calendar except for items 1, 7 and 11. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Item #2
City Council Minutes Page 2 of 7 November 19, 2024
MOTION: It was m/s by Testa/Nibert to approve item 11 as recommended. Motion passed by the following vote:
Ayes: Councilmembers Balch, Nibert, Testa, Mayor Brown
Noes: Councilmember Arkin
Absent: None
MOTION: It was m/s by Nibert/Arkin to approve item 7 as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown
Noes: Councilmember Testa
None Absent:
City Council
1. Approve the First Amendment to the Amended and Restated Employment Contract of City Manager Gerry Beaudin to provide for twelve months severance pay/benefits
Item continued to December 3, 2024.
City Manager
2. Approve meeting minutes of October 1, 2024 and October 15, 2024 Recommendation: Approve meeting minutes of October 1, 2024 and October 15, 2024.
3. Ratify Economic Vitality Committee Appointment
Recommendation: Ratify Economic Vitality Committee Appointment. • Brian Wilson: November 19, 2024 - September 30, 2028
4. Public Hearing: Adopt a resolution levying the Downtown Pleasanton Business Improvement District assessment for 2025
Recommendation: Hold a public hearing and adopt Resolution No. 2024-068 levying the Downtown Pleasanton Business Improvement District assessment for 2025.
Community Development
5. Adopt Ordinance No. 2286 approving amendments to Chapters 17.38, 18.08, and
City Council Minutes Page 3 of 7 November 19, 2024
18.88 of the Pleasanton Municipal Code regarding density bonus and major transit stop as identified in State law [Case P24-0334]
Recommendation: Adopt Ordinance No. 2286 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].
6. Actions of the Zoning Administrator and Planning Commission Recommendation: Actions of the Zoning Administrator and Planning Commission.
7. Introduce an Ordinance approving amendments to Pleasanton Municipal Code Chapters 17.44 (Inclusionary Zoning), 17.40 (Affordable Housing Fee) and 18.38 (Housing Opportunity Zone District); and adopt a resolution approving amendments to the Objective Standards for Housing Element Sites (Case No. P24-0505) Recommendation: Introduce Ordinance No. 2287 approving amendments to Pleasanton Municipal Code Chapters 17.44 (Inclusionary Zoning), 17.40 (Affordable Housing Fee) and 18.38 (Housing Opportunity Zone District); and adopt Resolution No. 2024-069 approving amendments to the Objective Standards for Housing Element Sites (Case No. P24-0505).
Finance
8. Accept the monthly disbursement and investment report for September 2024 Recommendation: Accept claim disbursements in the amount of $18,037,004 and the investment report for the month of September 2024.
9. Adopt a resolution approving the revised investment policy documents for the City's PARS Section 115 Pension Trust Fund
Recommendation: Adopt Resolution No. 2024-070 approving the revised investment policy documents for the City's PARS Section 115 Pension Trust Fund, including a conservative portfolio and a capital growth custom portfolio.
Library and Recreation
10. Approve first amendment to the services agreement with Folger Graphics for Activities Guide, City Newsletter, and City Annual Report printing services in an amount not to exceed $76,238 from December 1, 2024 to November 30, 2025 Recommendation: Approve first amendment to the services agreement with Folger Graphics for Activities Guide, City Newsletter, and City Annual Report printing services in an amount not to exceed $76,238 from December 1, 2024 to November 30, 2025.
City Council Minutes Page 4 of 7 November 19, 2024
Public Works
11. Approve Amendment No. 1 to Agreement between the City of Pleasanton and Zone 7 Water Agency to perform Phase I Feasibility review for the Regional Groundwater Facilities Project for a Revised Total Not-To-Exceed Amount of $2,733,178
Recommendation: Authorize the City Manager or their delegate(s) to execute Amendment No. 1 to the Agreement between the City of Pleasanton and Zone 7 Water Agency to perform Phase I Feasibility Study for the Regional Groundwater Facilities Project to reflect the new total not-to-exceed amount of $2,733,178 inclusive of a 10 percent contingency, by which Zone 7 and the City will share the cost of Phase I - Feasibility Study for the consultant and construction contract with $1,449,947 allocated to Zone 7 and $1,283,231 allocated to the City.
12. Approve a purchase order with Shape Incorporated in the amount of $1,170,000 and authorize a $117,000 contingency for the purchase of a pre-packaged booster station for Turnout No. 4 Pre-Packaged Booster Station Procurement, CIP No. 24181
Recommendation:
1. Approve a purchase order for $1,170,000 with Shape Incorporated of Pleasanton, California, for the Turnout No. 4 Pre-Packaged Booster Station Procurement,
CIP No. 24181.
2. Authorize the City Manager or their delegate(s) to enter into the purchase order.
3. Authorize the Director of Public Works, or designee, to approve and execute contract change order(s) for a contingency amount not to exceed $117,000 (approximately 10 percent of the purchase order).
MEETING OPEN TO THE PUBLIC
13. Presentation of a proclamation recognizing November 2024 as Native American Heritage month
Councilmember Arkin presented the proclamation to recipient Kelly Cousins and Alfonso Ramires.
14. 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: Vin Pohray, Kelly Cousins, Sandra Yamaoda, Rick Schempp, Vicki LaBarge, Linda Garbarino, Doug Miller, Johnnie Lee.
Mayor Brown closed public comment.
City Council Minutes Page 5 of 7 November 19, 2024
PUBLIC HEARINGS AND OTHER MATTERS
15. Adopt a resolution to accept the FY 2023/24 Year-End Operating Budget Report, approve budget amendments in multiple funds, and designate the General Fund balance
Recommendation: Adopt Resolution No. 2024-071 to accept the FY 2023/24 Year-End Operating Budget report, approve budget amendments in multiple funds, and designate the June 30, 2024 General Fund balance.
Presentation by Susan Hsieh, Finance Director.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Testa/Nibert to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown called a recess at 9:32 p.m. and reconvened at 9:40 p.m.
16. Adopt a resolution to accept the FY 2023/24 Year-end Financial and Program Delivery Report for the Capital Improvement Program (CIP)
Recommendation: Adopt Resolution No. 2024-072 to accept the Fiscal Year 2023/24 year-end financial and program delivery report for the Capital Improvement Program (CIP) and approve the carryforwards as included in the report.
Presentation by Susan Hsieh, Finance Director, and Adam Nelkie, Assistant Director of Public Works.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Arkin/Testa to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
City Council Minutes Page 6 of 7 November 19, 2024
17. Receive presentation on Draft Impact Fee Nexus Studies and provide input on recommended Capital Facilities Fee, Transportation Impact Fee, Commercial Linkage Fee, Affordable Housing Fee, and Sewer and Water Connection Fee amounts Recommendation: Receive presentation on Draft Impact Fee Nexus Studies and provide input on recommended Capital Facilities Fee, Transportation Impact Fee, Commercial Linkage Fee, Affordable Housing Fee, and Sewer and Water Connection Fee amounts.
1. Sewer and Water Connection Fees, All Connection Types - Adopt Sewer and Water connection fees at Maximum Levels.
2. Single Family Detached, TIF, CFF and Affordable Housing Fee - Reduce Single Family Detached Affordable Housing In-Lieu fee amount to $42.10 per square foot to match Townhomes.
3. Residential Townhomes, TIF, CFF and Affordable Housing Fees - Adopt CFF, TIF and AH In-Lieu Fees at Maximum Levels
4. Residential – Multifamily Apartments and Condominiums, TIF, CFF and Affordable Housing Fees - Reduce aggregate fee level to the average of peer jurisdictions. Focus reductions on Affordable Housing In-Lieu Fee, with secondary recommendation for 2 year “fee out” option for up to 30% of inclusionary units.
5. Commercial, TIF, CFF and Affordable Housing Linkage Fee - Reduce aggregate fee level to the average of peer jurisdictions.
6. Policy for Applicability of Updated Fees - Adopt policy which would provide exceptions for development projects that are in process.
Presentation by Ellen Clark, Community Development Director, and Jason Moody with EPS.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Balch/Nibert to receive the presentation and proceed with the staff recommended amounts for fees to be brought to a future City Council meeting for consideration. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown
Noes: Councilmember Testa
Absent: None
18. Accept the Final Water System Management Plan dated October 2024 Item continued.
City Council Minutes Page 7 of 7 November 19, 2024
MATTERS INITIATED BY COUNCIL
Councilmember Arkin asked if there was support for a discussion about separate water utility rates for seniors. The request failed for lack of majority consensus.
COUNCIL REPORTS
Councilmembers reported on regional and local meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 11:40 p.m.
______________________
Jocelyn Kwong, City Clerk
Item #3
CITY COUNCIL AGENDA REPORT
December 3, 2024
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING
COMMISSION
P24-0622, Sandeepkumar Seethaapathy / Amritha Amarnath
Application for Administrative Design Review approval to construct an approximately 523-square-foot addition and an approximately 563-square-foot California room (non- habitable) at an existing residence located at 3302 Prairie Drive.
Project Information:
Existing floor area: 2,323 square feet
Total floor area with addition: 2,846 square feet
Lot size: 11,277 square feet
Existing floor area ratio: 20.60 percent
Total floor area ratio with addition: 25.24 percent
Approved. (21 days)
P24-0526, Sunny Ghai
Application for Administrative Design Review approval to construct a 489-square-foot addition to 1904 Via di Salerno.
Project Information:
Existing floor area: 4,755 square feet
Total floor area with addition: 5,244 square feet
Lot size: 29,798 square feet
Existing floor area ratio: 15.96 percent
Total floor area ratio with addition: 17.60 percent
Approved. (22 days)
PUD-81-22-16M & P24-0318, Leah Bauer / Workday
Application for site-specific Planned Unit Development (PUD) Minor Modification to PUD-81-22 and Lot Line Adjustment to modify the previously approved development plan to construct a new approximately 18,800-square-foot structure, renovate approximately 13,000 square feet within the existing building footprint, and adjust parcel lines accordingly, located on Assessor Parcel No(s). 941-1201-870-0 and 941-1201- 880-0 located at 6120 Stoneridge Mall Road.
Approved. (4 days)
P24-0699, Anderson Arbors / Tyler Anderson
Application for Administrative Design Review approval to construct an approximately 480-square-foot (non-habitable), 12'6" tall, detached patio cover in the same location as the to-be-removed patio cover located at 285 Sullivan Court.
Approved. (8 days)
P24-0718, California Outdoor, Inc. / Shawn Czirban
Application for Administrative Design Review approval to construct an approximately 270-square-foot, 11'10" tall, attached patio cover in the northwest side (rear) of the property located at 4009 Schween Court.
Approved. (9 days)
Prepared by: Submitted by: Approved by:
Melinda Denis
Zoning Administrator
Ellen Clark
Director of Community
Development
Gerry Beaudin
City Manager
Item #4
CITY COUNCIL AGENDA REPORT
December 3, 2024
Community Development
TITLE: ADOPT A RESOLUTION APPROVING AN APPLICATION FOR THE CALIFORNIA SENATE DISTRICT 7 ACCESSORY DWELLING UNIT ACCELERATOR GRANT FUNDING IN THE AMOUNT OF $192,043.18, AND AUTHORIZE THE CITY
MANAGER TO ACCEPT THE AWARD AND MAKE APPROPRIATE BUDGET
AMENDMENTS IN THE MISCELLANEOUS OPERATING GRANTS FUND
SUMMARY
The City is eligible to apply to receive up to $192,043.18 in State grant funds to accelerate the construction of Accessory Dwelling Units (ADUs) in the city. The funds are part of an overall $2.5 million allocation secured by Senator Steve Glazer in the recent State budget, available to jurisdictions within Senator Glazer's Senate District. If awarded, this grant to fund an ADU Accelerator incentive program to encourage homeowners to construct ADUs. Of the $192,043.18 prospective grant funds, staff proposes to allocate $50,000 to fund the City's pre- approved ADU program; the remaining $142,043.18 would be available to eligible homeowners who construct and receive a certificate of occupancy for their ADUs prior to the end of the grant program on September 30, 2026.
RECOMMENDATION
Approve an application for the California Senate District 7 Accessory Dwelling Unit Accelerator Grant funding in the amount of $192,043.18, and authorize the City Manager to accept the award and make appropriate budget amendments in the Miscellaneous Operating Grants Fund.
BACKGROUND
The ADU Accelerator grant program was announced by State Senator Steve Glazer in September. The overall program secured up to $2.5 million available to jurisdictions within Senator Glazer's Senate District 7, which covers Contra Costa County and the Tri-Valley cities in Alameda County. The Town of Danville is serving as the grant and reporting administrator to the California Department of Housing and Community Development (HCD), which is responsible for disbursing the State funds on behalf of the eligible jurisdictions.
The amount of funding available to each jurisdiction is based on a formula: $50,000 is assigned to each jurisdiction for pre-approved ADU plans, and the remaining funding is allocated on a per capita basis of $1.89 per person, amounting to $142,043.18 for Pleasanton. With respect to disbursement of grant funds, the amount of rebate that a homeowner would be eligible to receive is based on whether they choose to deed restrict the ADU to low-income households for a minimum of 20 years and the size of the ADU, with smaller ADUs eligible for larger rebates. For example, a deed-restricted ADU less than 500 square feet could receive up to a $15,000 rebate, with progressively smaller rebates, up to $5,000, available as unit sizes increase. Non-deed restricted ADUs are eligible for rebates between $2,500 and $7,500, depending on unit size. ADUs larger than 1,000 square feet are
not eligible to receive a rebate. Details are provided in the ADU Accelerator Program Guidelines (Attachment 3).
DISCUSSION
Encouraging and incentivizing the development of ADUs is included as part of the City’s Housing Element (Policy 1.6). The City's ADU rebate program would rely entirely on the State grant funds and would be available on a first-come basis until the grant funds are fully expended. Based on the State’s rebate formulas and the available grant funds, the City could provide rebates ranging from 9 homeowners constructing qualifying affordable deed-restricted ADUs to 18 qualifying non-deed restricted ADUs. The City will establish a process for homeowners to apply for the grant funding, concurrent with the building permit.
This past summer, the City initiated a process to pre-approve ADU plans per Assembly Bill 1332. The City is now soliciting plans for detached ADUs from designers, architects, builders, and other qualified professionals; however, the City not yet received any applications. Pre- approved ADU plans could be used throughout Pleasanton with an expedited plan review timeline and lower permitting costs for homeowners. The funding dedicated to the pre- approved ADU program will be used to cover the plan check fees for design professionals submitting pre-approved ADU plans in an effort to solicit applications. The City will also consider partnerships with other entities who have developed portfolios of pre-approved plans to leverage those efforts and increase the options available to Pleasanton homeowners.
If approved for funding the City will implement an outreach strategy to publicize the funding to homeowners and designers.
EQUITY AND SUSTAINABILITY
Approval of this item will reduce the cost of constructing ADUs, to encourage more homeowners to build ADUs and increase housing availability and affordability across diverse economic backgrounds.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business. If approved for funding, the City will implement an outreach strategy to publicize the funding to homeowners and designers.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic goals of Building a Community Where Everyone Belongs, Strategy 6 - Implement the Housing Element and develop a plan to end homelessness to meet state requirements and provide opportunities for additional housing and shelter in the community. The Housing Element includes policy 1.8 and program 1.9, to encourage the production of ADUs. ADUs count towards the City's RHNA production targets, and promoting ADU production is a useful method to help achieve the City's RHNA goals.
FISCAL IMPACT
The ADU Accelerator grant application will request $192,043.18 of funding which will directly benefit new ADU developments.
Incentive (Rebate)
Program
Permit-Ready ADU
Plans Program
Total Allocation
$142,043.18 $50,000 $192,043.18
Grant funding would cover the full cost of the program; there is no matching requirement from the City’s General Fund. If awarded, necessary budget amendments will be made in the Miscellaneous Operating Grants Fund.
Prepared by: Submitted by: Approved by:
Emily Carroll, Associate
Planner
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Resolution and Exhibit A
2. Cover Letter from Senator Glazer, Representing Senate District 07
3. Senate District 7 – ADU Accelerator Program Guidelines
4. Senate District 7 – ADU Accelerator Program Allocation
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO APPROVE AN APPLICATION FOR THE CALIFORNIA SENATE DISTRICT 7
ACCESSORY DWELLING UNIT ACCELERATOR GRANT FUNDING IN THE AMOUNT OF $192,043.18, AND AUTHORIZE THE CITY MANAGER TO ACCEPT
THE AWARD AND MAKE APPROPRIATE BUDGET AMENDMENTS IN THE
MISCELLANEOUS OPERATING GRANTS FUND
WHEREAS, Section 19.564 of the Budget Act of 2023 provides funds to be allocated to select cities in Contra Costa and Alameda Counties to encourage the production of accessory dwelling units (ADUs) to help address California’s housing crisis; WHEREAS, a new ADU Accelerator program, piloted by Senator Glazer, will be composed of 15 cities in the East Bay of the San Francisco Bay Area located in Senate District 7; WHEREAS, this grant includes an Incentive Program providing individual rebates to property owners to construct an ADU and also includes a Permit Ready ADU Prototype Plan providing cities funding toward preparing permit-ready ADU Plans intended to streamline the development process and facilitate additional ADU development in the community; and WHEREAS, as authorized through the California Budget Act of 2023 and the California Department of Housing and Community Development, the Town of Danville will act as the fiscal agent to receive fund applications and distribute Program funds.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The City of Pleasanton declares it is eligible to request an allocation of ADU Accelerator funds from the Town of Danville, the fiscal agent of the California Department of Housing and Community Development.
SECTION 2. The City of Pleasanton attests to the accuracy of and approves the statement in Exhibit A to this resolution.
SECTION 3. A certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded for submission to the Town of Danville as part of the ADU Accelerator fund application and fund distribution.
SECTION 4. The City Manager, or the City Manager’s designee, is authorized to submit an application and to execute all other documents necessary and appropriate to apply for and obtain the ADU Accelerator grant.
PASSED, APPROVED AND ADOPTED by the City Council of Pleasanton at a regular meeting held on December 3, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 3rd day of December 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
Daniel G. Sodergren, City Attorney
EXHIBIT A
Senate District 7 - ADU Accelerator Program | APPLICATION FORM This new program, piloted by Senator Steve Glazer, will be composed of 15 cities in the East Bay of the San Francisco Bay Area located in Senate District 7. The program will be administered by the California Department of Housing and Community Development through the Town of Danville, acting as Fiscal Agent.
Program Eligibility: City/Town must have an adopted 2023-31 Housing Element that has been certified by the State of California Department of Housing and Community Development.
Biannual Reporting: Eligible recipients will be required to make Biannual Progress Reports which summarize the number of ADUs that have been permitted and finaled for the reporting period and cumulatively for the life of the program. Biannual Progress Reports will be filed with the Fiscal Agent, Town of Danville, at [email protected]
Application
1. Name of Agency:
City Manager:
Planning Director:
City of Pleasanton
Gerry Beaudin
Melinda Denis
The persons listed above are designated to act on behalf of the participating agency for the SD7 ADU Accelerator Program.
2. Funding Type
Application for a “per capita” (select one): Yes x No
Application for Excess Funds (select one): Yes x No
3. Funding Request
a. Incentive Program
Amount Requested (from Attachment A): $ 142,043.18
Projected ADU Production by September 30, 2026.
ADU Restriction Category
Unit Size
Low-Income Restricted Non-Restricted
Less than 500 s.f.
Less than 750 s.f. 28
Less than 1,000 s.f.
b. Permit Ready Prototype ADU Plans
Partnering with another eligible city/town? Yes No x
If yes, name of partnering city/town:
Amount Requested (from Attachment A): $
4.Total Funding Request (Section 3a plus 3b): $
50,000
192,043.18
Note: Receipt of ADU Accelerator Program funds is expected from State HCD by October 2024 and available for disbursement by November 2024.
I certify that I am authorized to accept ADU Accelerator Program funds on behalf of the City/Town of _ Pleasanton ; and, that all funds will be utilized under my direction or supervision in accordance with the developed program guidelines.
City/Town:
City/Town Manager:
Pleasanton
Gerry Beaudin
Signature: Date:
Internal Use (Fiscal Agent)
• Incentive Program Funding Request Approved by: Date:
• ADU Plans Funding Request Approved by: Date:
Accessary Dwelling Unit Accelerator Program
It is no secret the State of California is facing a shortage of available and affordable housing, and no one knows this better than our local cities and towns. From my first days in the State Senate, I have been a staunch supporter of cities seeking new and unique ways to spur the production of housing while blending new developments within the fabric of their communities.
I would like to announce the newly created ADU Accelerator Program. The ADU Accelerator Program offers rebates of up to $15,000 for qualifying ADU plans and projects. This $2.5 million state-funded initiative is intended to encourage and facilitate the construction of 350 ADUs in 15 cities and towns in Contra Costa and Alameda Counties.
Please see attached an overview of this exciting new program along with everything needed to apply and receive funds. Our goal is to have all 15 of our eligible cities participate to show local governments statewide what can be achieved when cities work together with the state on an incentivized program aimed at producing more affordable housing. Should you have any questions, please don’t hesitate to reach out to me.
Sincerely,
ATTACHMENT 2
Senate District 7 - ADU Accelerator Program | GUIDELINES C
ities across California are ramping up efforts to encourage the production of accessory dwelling units (ADUs) to help address the housing crisis. Some cities are taking steps to encourage and facilitate the construction of ADUs through the development of permit- ready plans, including architectural design work. Other cities are waiving processing fees to bring down the cost of housing.
T
his new program, piloted by Senator Glazer, will be composed of 15 cities in the East Bay of the San Francisco Bay Area. The program will be administered by the California Department of Housing and Community Development for the purpose of advancing or “accelerating” the production of 350 ADUs through a series of programs.
P
rogram Funding
S
ection 19.564 of the Budget Act of 2023 provides $2,500,000 to be allocated to select cities in Contra Costa and Alameda Counties to encourage the production of accessory dwelling units (ADUs) to help address California’s housing crisis.
P
rogram Details
1. I
ncentive Program. Available Funding: $1,725,000
A. Lo
w-Income Restricted ADUs
P
rovide individual rebates of up to $15,000 to property owners who obtain building permits to construct an ADU and receive a certificate of occupancy within 18 months of issuance. Rebates will be provided for units that are deed restricted ATTACHMENT 3
SD7 ADU Accelerator Program | Guidelines Page 2 of 4
to low -income households for a minimum of 20 years (see sample regulatory agreement provided); based on the following sliding scale:
• $15,000 f
or units < 500 square feet
• $10,000 for units between 501-750 square feet
• $5,000 for units between 751-1,000 square feet
No
rebates for units over 1,000 square feet.
B. No
n-restricted ADUs
P
rovide individual rebates of up to $7,500 to property owners who obtain building permits to construct an ADU and receive a certificate of occupancy within 18 months of issuance. Funds are awarded based upon the following sliding scale:
• $7,500 f
or units < 500 square feet
• $5,000 for units between 501-750 square feet
• $2,500 for units between 751-1,000 square feet
No
rebates for units over 1,000 square feet.
Th
e total available funding amount allocated to each qualifying city is based on population and a per capita calculation of $1.87. For example:
• C
ity of Dublin has a population of 72,917 (as of January 1, 2024) • Per capita - $1.87
• Eligible for Award of $136,352 ($1.87 per capita x 72,917 population) • Divided by average of $5,000 per unit (unrestricted)
• Potential ADUs Added = 27 ADUs
2. Permit Ready Prototype ADU Plans. Available Funding: $750,000 Q
ualified cities receive funding toward preparing prototypical permit -ready ADU plans (“ADU Plans”), including design elevations and construction drawings. Permit- ready plans are intended to streamline the ADU development process and facilitate additional ADU development in the community. Cities may partner with other cities on applications in this category to leverage investment. The maximum grant per city will be $50,000.
C
ities may not be reimbursed for permit -ready ADU plans that were prepared prior to the launch of this program. Program funds may be used to modify or update existing permit-ready ADU plans or to create additional permit -ready ADU plans.
Cities may also seek compensation from other eligible cities they share plans with.
SD7 ADU Accelerator Program | Guidelines Page 3 of 4
Application Process
To
receive funds, q ualified cities must complete and submit an electronic application to the Fiscal Agent, Town of Danville.
A
ll funds must be expended by the city as prescribed below and no later than September 30, 2026, after which these funds would be considered unexpended “Excess Funds” subject to re-allocation.
I
ncentive Program
An a
pplication must include (a) the anticipated number of units proposed to be produced through the program; and (b) amount requested based on the per capita amount identified in the Funding Eligibility section.
F
unding will be distributed to cities upon receipt of the application. Any unused funding must be returned to the Town of Danville, Fiscal Agent, at the end of the 18- month period and may be reallocated to cities that meet their targets and have additional need.
P
ermit-Ready Prototype ADU Plans
A
n a pplication must include (a) brief description of the plans to be developed including the number of floor plans and ADU sizes ; and (b) requested funding amount. The maximum funding is $50,000 per agency. Cities may partner with other eligible cities on applications in this category to leverage funding investment.
F
unding will be distributed to cities upon receipt of the application. Permit -ready plans must be completed and available to prospective permittees within 12 months of grant award and include a city resolution adopting the ADU Plans.
F
unding Eligibility
T
here are 15 cities of varying size within Senate District 7. Funding eligibility for the Incentive Programs will be based on a per capita amount of $1.87 per resident.
Population will be based on the January 1, 2024 Department of Finance Population Estimates.
Elig
ible recipients shall be cities in Contra Costa and Alameda Counties, specifically Dublin, Livermore, Pleasanton, Antioch, Brentwood, Clayton, Concord, Danville, Lafayette, Moraga, Oakley, Orinda, Pittsburg, San Ramon and Walnut Creek.
Elig
ible cities have eighteen (18) months, until September 30, 2026 to utilize funding received through this program.
SD7 ADU Accelerator Program | Guidelines Page 4 of 4
Excess Funds
A
ny funding that has not been expended pursuant to these program guidelines by September 30, 2026, must be returned to the Fiscal Agent, the Town of Danville. These Excess Funds will be reallocated to other eligible agencies pursuant to the Incentive Program Guidelines. Funds will be re -allocated on a first come, first served basis. In the event of multiple requests, consideration will be given to which city or cities will generate the largest number of affordable units.
A
pplication Deadlines
A
pplications are accepted via electronic submittal only
I
ncentive Program: September 1, 2024 – March 31, 2025 (may be extended if additional funds are available to be rolled over from the Permit-Ready program).
P
ermit-Ready Prototype ADU Plans: September 1, 2024 – March 31, 2025.
Note: Receipt of ADU Accelerator Program funds from State HCD is expected by October and available for disbursement by November 2024.
P
rogram Administration
A
s authorized through the California Budget Act of 2023 and the California Department of Housing and Community Development, the Town of Danville will act as the fiscal agent (“Fiscal Agent”) to receive funding applications and distribute Program funds. The Town of Danville will receive a 1% fee ($25,000) for administering the program.
P
rogram questions and applications can be submitted to the Town of Danville Planning Division c/o Jessica Lam, at [email protected].
B
iannual Reporting
Elig
ible recipients will be required to submit Biannual Progress Reports which summarize the number of ADUs that have been permitted and finaled for the reporting period as well as cumulatively for the life of the program through September 30, 2026.
Bia
nnual Progress Reports will be filed with the Fiscal Agent at [email protected].
*Bia
nnual reports are accepted via electronic submittal only.
Senate District 7 - ADU Accelerator Program | ATTACHMENT A
1. Rebate (Incentive) Program – Available Funding: $1,725,000
2. Permit-Ready Prototype ADU Plans – Available Funding: $750,000 Category 1 Category 2
HCD1 DOF2 Rebate (Incentive) PR Prototype Total
City/Town Certified Population Program3 ADU Plans Allocation Antioch yes 115,632 216,228.77$ 50,000.00$ 266,228.77$ Brentwood yes 64,811 121,194.85$ 50,000.00$ 171,194.85$ Clayton no 10,683 19,976.93$ 50,000.00$ 69,976.93$
Concord yes 121,513 227,226.08$ 50,000.00$ 277,226.08$ Danville yes 42,567 79,599.16$ 50,000.00$ 129,599.16$ Dublin yes 72,917 136,352.85$ 50,000.00$ 186,352.85$ Lafayette no 24,808 46,390.30$ 50,000.00$ 96,390.30$ Livermore yes 84,828 158,626.11$ 50,000.00$ 208,626.11$ Moraga yes 16,784 31,385.63$ 50,000.00$ 81,385.63$
Oakley yes 45,736 85,525.10$ 50,000.00$ 135,525.10$ Orinda yes 19,191 35,886.66$ 50,000.00$ 85,886.66$
Pittsburg no 75,085 140,406.96$ 50,000.00$ 190,406.96$ Pleasanton yes 75,960 142,043.18$ 50,000.00$ 192,043.18$ San Ramon yes 82,525 154,319.56$ 50,000.00$ 204,319.56$ Walnut Creek yes 69,433 129,837.87$ 50,000.00$ 179,837.87$ 922,473 1,725,000.00$ 750,000.00$ 2,475,000.00$
1% Administrative Fee4 25,000.00$
Total SD7 ADU Accelerator Program Funding 2,500,000.00$ Notes
1 - HCD Certified Housing Element Status through September 1, 2024 2 - State Departmetn of Finance Population as of 1/1/2024 3 - Per capita allocation of $1.87
4 - Total allocation net of 1% administrative fee to the Town of Danville serving as Fiscal Agent ATTACHMENT 4
Item #5
CITY COUNCIL AGENDA REPORT
December 3, 2024
Community Development
TITLE: ADOPT ORDINANCE NO. 228 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING AMENDMENTS TO CHAPTERS 17.40 (AFFORDABLE HOUSING FEE), 17.44 (INCLUSIONARY ZONING), AND 18.38 (HOUSING OPPORTUNITY ZONE DISTRICT) OF THE PLEASANTON MUNICIPAL CODE, AS FILED UNDER CASE P24-0334
The foregoing Ordinance No. 228 7 was introduced at a regular meeting of the City Council on November 19, 2024, by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown
Noes: Councilmember Testa
Absent: None
Abstain: None
ORDINANCE NO. 2287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING AMENDMENTS TO CHAPTER S 17.40 (AFFORDABLE HOUSING FEE ), 17.44 (INCLUSIONARY ZONING), AND 18.38 (HOUSING OPPORTUNITY ZONE DISTRICT) OF THE PLEASANTON MUNICIPAL CODE, AS FILED UNDER CASE P24-0334
WHEREAS, on November 6, 1990, the City Council adopted Ordinance 1488, to establish Chapter 17.40 Lower-Income Housing Fee of the Pleasanton Municipal Code, which chapter was retitled in 2019 to Chapter 17.40 Affordable Housing Fee; and
WHEREAS, on November 7, 2000, the City Council of the City of Pleasanton adopted Ordinance 1818, adding Chapter 17.44 Inclusionary Zoning to the Pleasanton Municipal Code, in order to enhance the City’s ability to mitigate the effect of new market -rate development on the demand for affordable housing; and
WHEREAS, in 2017, AB 1505 amended California Government Code Section 65850 and added Section 65850.1, to "reaffirm the authority of local jurisdictions to include within these inclusionary housing ordinances requirements related to the provision of rental units" and "does not modify or in any way change or affect the authority of local jurisdictions to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower- income, very-low income, or extremely-low income households;" and
WHEREAS, on December 19, 2023, the City Council adopted Ordinance 2272 to create Chapter
18.38 Housing Opportunity Zone District of the Pleasanton Municipal Code, with this chapter reflecting similar standards to those in the Objective Design Standards for Housing Element Sites; and
WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, Program 2.1 of the 2023-2031 6th Cycle Housing Element calls for the City to continue to implement the Inclusionary Zoning Ordinance, and actively pursue strategies to improve its effectiveness in producing affordable housing in conjunction with new development, including study of potential changes to the proportion of inclusionary units required in multi -family developments, identification of a target mix of affordable units and unit size standards, and monitoring the effectiveness of the ordinance in delivering affordable units , with modifications to be evaluated to better achieve that goal; and
WHEREAS, since its adoption, the Inclusionary Zoning Ordinance has resulted in the production of hundreds of below -market-rate housing units in Pleasanton and contributed a valuable source of funding to support the production of affordable housing and programs th at preserve access to and support affordable housing for Pleasanton households; and
WHEREAS, in January 2024, the City retained professional services firm Economic and Planning Systems (EPS) to provide analysis and recommendations with respect to modification to the inclusionary rate and target affordability limits, and in particular to evaluate the feasibility of such changes with respect to the overall production of market-rate residential units; and
Ordinance No. 2287
WHEREAS, the City Council held public workshops on May 7, 2024 and August 20, 2024, studied potential amendments to the inclusionary rate and required affordability levels as stated in the IZO, and provided direction on various potential amendments to the IZO; and
WHEREAS, on September 11, 2024, the Planning Commission held a duly-noticed public hearing and considered the written agenda report, relevant exhibits, direction from City Council and recommendations from City staff concerning the proposed amendments , and received testimony from interested parties, and recommended City Council approve the proposed amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings Pursuant to the California Environmental Quality Act (CEQA) The City Council finds the adoption of this ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. Additionally, the ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment and contains no provisions that will directly or indirectly result in a physical change in the environment.
SECTION 2. Approves Case No. P24 -0334 for amendments to Pleasanton Municipal Code (PMC) Chapters 17.44 (Inclusionary Zoning ), 17.40 (Affordable Housing Fee ), 18.38 (Housing Opportunity Zone District).
SECTION 3. This ordinance shall become effective 30 days following its passage.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton, California, on November 19, 2024, by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown
Noes: Councilmember Testa
Absent: None
Abstain: None
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. 2287
EXHIBIT A
TITLE 17
PLANNING AND RELATED MATTERS
Chapter 17.40
AFFORDABLE HOUSING FEES
§ 17.40.010. Purpose.
An affordable housing fee (previously known as the lower -income housing fee) is established as set forth in this chapter in order to assist in meeting the affordable and moderate -income housing goals as established in the general plan.
(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.020. Definitions.
As used in this chapter:
"Commercial office or industrial development project" means any construction of a new commercial, office or industrial structure, the addition to any existing commercial, office or industrial structure, or the conversion of an existing commercial, office or industrial structure to a use classification capable of employing additional employees.
“Housing Unit, Lower-Income” means a new or rehabilitated unit to be made available at a sales price or rental cost affordable to a household whose income does not exceed 80 percent of the Area Median Income, as those terms are defined in Chapter 17.44.
“Housing Unit, Moderate-Income” means a new or rehabilitated unit to be made available at a sales price or rental cost affordable to a household whose income is more than 80 percent of the Area Median Income, but does not exceed 120 percent of the Area Median Income, as those terms are defined in Chapter 17.44.
"Rehabilitated unit" means any housing unit not meeting Uniform Building Code requirements for occupancy which is improved so as to meet those requirements. "Residential development project" means the construction of a new housing unit. (Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.030. Affordable housing fee required.
A. All residential and commercial office or industrial development projects not otherwise exempt shall pay an affordable housing fee as established by separate city council resolution and which fee shall be set forth in the city's master fee schedule, as amended.
Ordinance No. 2287
If additional floor area is constructed for, or converted to, commercial, industrial or office use, the fee shall be applicable only to the square footage of the floor area added or to that portion of the square footage of the floor area converted for which the fee has not been paid.
B. The city council may adjust the fee in consideration of on-site programs promoting lower- income housing such as the dedication of land suitable for lower -income housing, or in conjunction with an alternative compliance proposal made as part of an affordab le housing proposal in accordance with Chapter 17.44.
(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.040. Exemptions.
A. The following are exempt from the affordable housing fee:
1. All units within a residential development project when the project has a minimum of 15 percent deed-restricted lower-income housing units;
2. Those lower -income housing units in a residential development project with less than 15 percent deed-restricted lower-income housing units;
3. Deed-restricted moderate-income housing units in residential development projects;
4. Second units and accessory dwelling units and junior accessory dwelling units as those terms are used in Section 66313 of the Government Code and Chapter 18.106;
5. Reconstruction or other new development on a site when such reconstruction replaces an equal number of square feet of floor area, as defined in the Uniform Building Code, when the use is similar, and when such reconstruction occurs within two years from th e time the previous structure on the site was demolished;
6. Facilities used exclusively for religious purposes as defined in California Revenue and Taxation Code Section 207.
B. The project developer shall enter into a regulatory agreement with the city in order for a project to qualify for an exemption by the inclusion of lower-income or moderate-income housing units. (Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.050. Reduction of fee—Commercial, office or industrial project.
A. The city council may reduce the required fee for a commercial, office or industrial development project when the project developer can demonstrate: (1) that the proposed use will generate substantially fewer workers than the uses which have established the fee; and (2) that the building design is unable to house another use without substantial renovation. Examples of such uses are public utility facilities, exclusive storage buildings, etc.
B. In the event such buildings are renovated to house another use, the fee then applicable shall be due at that time.
Ordinance No. 2287
§ 17.40.060. Commercial, office or industrial projects—Construction of lower-income housing.
Commercial, office or industrial development projects may construct lower-income housing to fulfill the requirements of this chapter in accordance with this section, and with the applicable provisions of Section 17.44.040.
A. Lower-income housing proposed to offset the requirements of this chapter must be proposed in conjunction with the commercial, office or industrial development project which would give rise to the fee and must be approved by the city council in offsetting o therwise required affordable housing fees.
B. For lower-income housing constructed on lands designated for other than residential development in the general plan as of the effective date of the ordinance codified in this chapter, the project developer shall be given a credit, for purposes of offsettin g the affordable housing fee otherwise required, in an amount established by separate city council resolution and which credit amount shall be set forth in the city's master fee schedule, as amended.
C. For lower -income housing constructed on lands designated for residential development in the general plan as of the effective date of the ordinance codified in this chapter, for each lower - income housing unit constructed beyond 15 percent of the residentia l development project, the project developer shall be given a credit for purposes of off -setting the affordable housing fee otherwise required, in an amount established by separate city council resolution and which credit amount shall be set forth in the city's master fee schedule, as amended.
D. In the event the lower -income housing constructed by the developer of a commercial, office or industrial development project creates an offset of the affordable housing fee greater than the total fee required by the development project, the developer may apply the difference to other sites then owned by the developer. This transfer shall be so noted in the regulatory agreement accompanying the project.
(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.070. Annual adjustment of the fee.
The affordable housing fee shall annually be revised effective January 1st of each year, commencing on January 1, 1992, by the percentage increase or decrease in the Engineering News Record Consumer Construction Cost Index for the San Francisco Bay Area. (Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.080. Establishment of affordable housing fund.
A. All fees generated pursuant to this chapter shall be deposited into the affordable housing fund, and any property interest or other value contributed, including interest earned by the fund, shall be segregated and used exclusively for the purposes provided for herein.
B. The city manager shall make a written annual report to the city council regarding the administration of the affordable housing fund.
(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.090. Use of affordable housing fund.
Ordinance No. 2287
A. Any monies generated by this chapter shall be used in accordance with and in support of activities to administer and implement the city's adopted housing element and other policies and programs specifically related to affordable housing as may be approved or authorized by the city council.
Activities may include, but are not limited to, land acquisition, construction, rehabilitation, subsidization, and counseling or assistance to other governmental entities, private organizations, or individuals to expand housing opportunities to lower-income households.
B. Monies in the affordable housing fund may be disbursed, hypothecated, collateralized, or otherwise employed for the purposes set forth herein. These purposes include, but are not limited to, assistance to housing development corporations, equity participat ion loans, grants, development loan funds, participation leases, loans to develop affordable housing or other public/private partnership arrangements. The affordable housing fund may be used for the benefit of both rental or owner-occupied housing.
C. When the city uses affordable housing fund mon ies to construct or assist in the construction of lower-income units, the city may establish the rules which will apply to occupancy of said units. It is the intention of this chapter and the general plan that such units be made available on a priority basis to Pleasanton residents and workers.
D. The city council may use affordable housing fund monies for moderate -income housing as determined necessary and desirable to meet general plan goals and policies. (Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
§ 17.40.100. Time of payment.
Affordable housing fees shall be paid at the time of issuance of a building permit for the residential unit and/or for the commercial, office or industrial development project giving rise to the fee, unless otherwise determined by the city.
(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019)
Ordinance No. 2287
Chapter 17.44
INCLUSIONARY ZONING
Article I
General Provisions
§ 17.44.010. Title.
This chapter shall be called the "Inclusionary Zoning Ordinance of the City of Pleasanton." (Ord. 1818 § 1, 2000)
§ 17.44.020. Purpose.
The purpose of this chapter is to enhance the public welfare, to assure that market-rate housing development mitigates its impacts on the demand for affordable housing, and to attain the city's affordable housing goals by increasing the production of residential units affordable to households of very low, low, and moderate income, and by providing funds for the development of very low, low, and moderate income ownership and/or rental housing and for housing-related programs that benefit very-low, low, and moderate income households.
(Ord. 1818 § 1, 2000)
§ 17.44.030. Definitions.
For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended. “Affordable Housing Fee.” A fee paid to the city by an applicant for a project in the city in accordance with Chapter 17.40, in lieu of providing the inclusionary units required by this chapter. "Affordable housing proposal." A proposal submitted by the project owner as part of the city development application (e.g., design review, planned unit development, etc.) stating the method by which the requirements of this chapter are proposed to be met. "Affordable rent." A monthly rent (including utilities as determined by a schedule prepared by the city) which does not exceed a maximum rent that will be affordable to the specified household at the specified income level, calculated in accordance with California Health and Safety Code section 50053, as amended.
"Affordable sales price." A sales price that results in monthly housing costs, which may include taxes, insurance, homeowners association dues (if any), and utility costs as determined by the city, which does not exceed a maximum sales price that will be affordable to the specified household at the specified income level, calculated in accordance with California Health & Safety Code section 50052.5, as amended.
"Amenities, Interior." Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities.
Interior amenities may include, but are not limited to, fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items
Ordinance No. 2287
required by city building codes or other ordinances that are necessary to ensure the safety of the building and its residents.
“Amenities, Shared.” Facilities and amenities within the project that are available for the shared and/or general use of residents of the project, including but not limited to shared recreation and other facilities (e.g. gym or pool, clubhouse, meeting room, co-working space, laundry, barbeque area, etc.). "Applicant." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city permits and approvals for a project. “Area Median Income (AMI).” Median income for Alameda County, adjusted for household size, as published pursuant to California Code of Regulations, Title 25, Section 6932 and California Health and Safety Code section 50093 as may be amended.
"City." The city of Pleasanton or its designee or any entity with which the city contracts to administer this chapter.
"Commercial, office, and industrial project." For the purposes of this chapter, any new nonresidential (commercial, office, or industrial) development or redevelopment greater than 10 gross acres or 250,000 square feet of gross building area, whichever is less. "Dwelling unit." A dwelling designed for occupancy by one household. "HUD." The United States department of housing and urban development or its successor. "Household." One person living alone; or two or more persons sharing residency whose income is considered for housing payments.
"Household, low income." A household whose annual income is more than 50 percent but does not exceed 80 percent of the AMI, as defined by this chapter. "Household, moderate income." A household whose annual income is more than 80 percent but does not exceed 120 percent of the AMI, as defined by this chapter. "Household, very low income." A household whose annual income does not exceed 50 percent of the AMI as defined by this chapter.
"Inclusionary unit." A dwelling unit as required by this chapter which is rented or sold at affordable rents and/or affordable sales prices (as defined by this chapter) to very low, low, or moderate income households.
"Income." The gross annual household income as defined by HUD. "Life of the inclusionary unit." The term during which the affordability provisions for inclusionary units shall remain applicable. The affordability provisions for inclusionary units shall apply in perpetuity from the date of occupancy, which shall be the date the city of Pleasanton approves final inspection for the building permit.
“Market-rate units.” means new living units in residential projects which are not rented or sold at affordable rents or affordable sales prices, as defined in this chapter. "Off-site inclusionary units." Inclusionary units constructed within the city of Pleasanton on a site other than the site where the applicant intends to construct market rate units. "Ownership units." Inclusionary units developed as part of a residential development which the
Ordinance No. 2287
applicant intends will be sold, or which are customarily offered for individual sale. "Project." A residential housing development at one or more location(s) or site(s) includingall dwelling units for which permits have been applied for or approved. "Project owner." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located. "Property owner." The owner of an inclusionary unit, excepting a "project owner." "Recapture mechanisms." Legal programs and restrictions by which subsidies provided to inclusionary units will be controlled and repaid to the city and/or other entity upon resale, to ensure the ongoing preservation of affordability of inclusionary units or to ensure funds for inclusionary units remain within the city's affordable housing program.
"Rental units." Inclusionary units which the applicant intends will be rented or leased, or which are customarily offered for lease or rent.
“Residential project, rental.” A residential project or portion thereof, that creates one or more units that cannot be sold individually, except that construction of any accessory dwelling unit shall not be considered a rental project.
“Residential project, for sale.” A residential project, or portion thereof, that includes the creation of one or more residential living units that may be sold individually, including a condominium, stock cooperative, community apartment, or attached or detached single-family home. A for-sale project also includes a residential condominium conversion project and the creation of residential living units that may be sold individually, but are initially rented rather than sold. "Resale restrictions." Legal restrictions which restrict the price of inclusionary units to ensure that they remain affordable to very low, low, and moderate income households on resale. "Unit type." Various dwelling units within a project which are distinguished by number of bedrooms and/or the type of construction (e.g., detached single-family, duets, townhomes, condominiums, apartments).
(Ord. 1818 § 1, 2000)
Article II
Zoning Requirements
§ 17.44.040. General requirements/applicability.
A. Applicability. The Inclusionary Housing Requirements of this chapter shall apply to all new residential for-sale and rental projects, including mixed residential and non- residential projects, consisting of ten (10) or more residential units or parcels. The project unit count used to determine applicability of this chapter shall be exclusive of any Accessory Dwelling Units or Junior Accessory Dwelling Units.
The percentage of inclusionary units required for a particular project shall be determined at the time of tentative map approval, or, for projects not processing a map,
Ordinance No. 2287
prior to issuance of building permit. If the project design changes, which results in a change in the number of inclusionary units required, the number of inclusionary units required shall be recalculated to coincide with the final approved project. In applying and calculating the number of inclusionary units required based on the specified percentage, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.
B. Residential For-Sale Projects. For all new for-sale residential project, and where the project would include 10 residential units or more, at least fifteen (15) percent of the project's dwelling units shall be affordable to very-low, low- or moderate-income households as specified. These units shall be referred to as “Inclusionary Units.” The applicant shall not be prohibited from deepening the level of affordability in the project listed in subsection 1 below. The Inclusionary Units shall be reserved for purchase by eligible households, in the following proportions. The applicant shall not be prohibited from deepening the level of affordability in the project:
1. 100 percent of the inclusionary units at a sales price affordable to a household whose income is no more than 120% of the Area Median Income.
C. Residential Rental Projects. For all new residential rental projects, including where the rental units are part of a mixed use projects, and where the project would include 10 residential units or more, at least 15 percent of the project’s dwelling units shall be affordable to very-low [and/] or low-income households as specified. These units shall be referred to as “Inclusionary Units.” The applicant is not precluded from deepening the level of affordability in the project listed in subsection 1 and 2 below. The Inclusionary Units shall be reserved for rent to eligible households within each income category as specified, in the following proportions. The applicant is not precluded from deepening the level of affordability in the project:
1. 50 percent of the inclusionary units at a sales price affordable to a household whose income is no more than 50% of the Area Median Income.
2. 50 percent of the inclusionary units at a sales price affordable to a household whose income is no more than 60% of the Area Median Income
D. Commercial, Office, and Industrial (COI) Development. COI projects shall be subject to the affordable housing fee as set forth in Chapter 17.40. In lieu of paying the affordable housing fee, COI developments as defined in this chapter may provide rental or for-sale affordable housing consistent with this chapter, and with the requirements of Section 17.40.060. A COI development proposing to provide affordable housing in lieu of paying the fee shall submit an affordable housing proposal as set forth in Section
17.44.090 of this chapter. Upon submittal of the affordable housing proposal, city staff will meet with the developer to discuss the potential for providing incentives to encourage on-site construction of affordable housing units and alternatives to constructing affordable units as set forth in this chapter. In the event a developer requests incentives or alternatives as a means of providing affordable housing in connection with a COI development, the affordable housing proposal will be reviewed as set forth in Section 17.44.090 of this chapter.
Ordinance No. 2287
E. Residential projects with fewer than ten (10) dwelling units shall be subject to the affordable housing fee as set forth in Chapter 17.40.
(Ord. 1818 § 1, 2000)
§ 17.44.050. Inclusionary unit provisions and specifications.
A. For those projects with both market-rate and inclusionary units, the inclusionary units shall be dispersed throughout the project so as not to concentrate inclusionary units in a specific geographic area (including a floor) of the project, except as provided in this section. The inclusionary units shall be located in comparable locations to the market-rate units, and shall be located on each floor, and throughout the site such that a) a proportionate number of inclusionary units are located on each floor of a multi-story apartment or condominium building, and that within such buildings no more than 20 percent of units are located adjacent to one another; b) no more than 20 percent of the units are located adjacent to one another in a single-family detached project and c) in developments containing more than one multi-unit structure, including groups of attached townhomes, condominiums or apartments, no more than 50 percent of the proposed inclusionary units are consolidated into one structure.
1. For a project where the market rate units are proposed to be detached single-family homes, it is permitted for the inclusionary units to be paired single-family, duets, duplexes, or townhomes. In such case, the townhomes, duets, or duplexes shall be dispersed throughout the project.
2. For a project where the market rate units are proposed to be attached or detached single- family homes, duets, or duplexes (or a combination thereof), it is permitted for the inclusionary units to be ownership condominiums or rental apartments, with such units also dispersed throughout the project. This provision shall not apply to affordable units that are financed with low-income tax credits.
3. Clustering of inclusionary units in a manner other than that specified in this section may be allowed subject to City Council approval, as specified in Section 17.44.080, Alternative Means of Compliance.
B. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall not be permitted to satisfy the requirements of this Inclusionary Zoning Ordinance. This provision shall not be construed to discourage, prohibit or disallow the provision of ADUs and JADUs as a component of a market-rate residential project, in addition to any required inclusionary units.
C. Inclusionary units shall be equivalent in exterior appearance and overall quality of construction to market-rate units in the housing development.
D. Inclusionary units may be of smaller size than the market-rate units in the project, subject to the following limitations:
1. For for-sale units, the living area of each inclusionary units may be up to 50 percent smaller than the size of the average market rate unit in the project.
2. For rental units, the living area of each inclusionary unit shall be as follows: (1) a studio shall be at least 450 net square feet; (2) a one-bedroom unit shall be at least 550 net square feet; (3) a two-bedroom unit shall be at least 750 net square feet; (4) a three bedroom unit shall be at least 1,000 net square feet; and (5) for units with more than three bedrooms an additional 200 net square feet for each additional bedroom.
Ordinance No. 2287
E. Inclusionary units . Inclusionary units may have fewer interior amenities than the market rate units in the project, except that inclusionary units shall have air-conditioning, enclosed garages, and laundry facilities to the extent the market-rate units have those amenities. Interior finishes and amenities must be equivalent to those provided in the base model market-rate units.
F. The residents of the inclusionary units shall have the same access to shared common areas, open space, parking, storage and other amenities as the market-rate residents when located in the same building or on the same site.
G. Bedroom Mix:
The project shall comply with the following standards with respect to the bedroom mix of the affordable/inclusionary units:
i. For for-sale projects, the average number of bedrooms per unit for all affordable units in the project shall equal the average number of bedrooms for all other units in the project, up to a limit of three bedrooms per unit; ii. For rental projects, a minimum of 10 percent of the total affordable units shall be three-bedroom units; a minimum of 40 percent of the total affordable units shall be two-bedroom units; and the remaining affordable units shall be studio or one- bedroom units except that no more than 10% of units may be studios. Age- restricted projects shall not be required to provide three-bedroom units, and may instead provide additional studio, one- or two-bedroom units in lieu of the required three-bedroom units. This provision shall not apply to affordable units that are financed with low-income tax credits. The director of community development may approve deviations from the specified bedroom mix for projects with 10 or fewer inclusionary units, except that at least 50 percent of units shall have at least two bedrooms if the market rate project also provides units of that size.
H. Inclusionary units shall remain affordable in perpetuity from the date of occupancy, which shall be the date the city of Pleasanton approves final inspection for the building permit, through recordation of an affordable housing agreement as described in Section 17.44.060 of this chapter.
All inclusionary units in a project shall be constructed concurrently with, or prior to, the construction of the project's market rate units, unless an alternative schedule for construction is approved by the city council in accordance with Section 17.44.080 below. “Concurrently” means that all inclusionary units shall be built prior to the build-out of market rate units in the same residential development project. In phased developments, inclusionary units shall be constructed and occupied in proportion to the number of market rate units constructed and occupied in each phase as follows:
1. A building permit may not be issued for any market rate unit unless a proportional number of building permits has been issued for inclusionary units; and
2. A certificate of occupancy or final inspection may not be issued for market rate units unless a proportional number of certificates of occupancy or final inspections have been issued for inclusionary units.
Ordinance No. 2287
I. For purposes of calculating the affordable rent or affordable sales price of an inclusionary 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
J. The city's adopted preference and priority system shall be used for determining eligibility among prospective beneficiaries for affordable housing units created through this inclusionary zoning ordinance.
(Ord. 1818 § 1, 2000)
§ 17.44.060. Affordable housing agreement.
An affordable housing agreement shall be entered into by the city and the project owner. The agreement shall record the method and terms by which a project owner shall comply with the requirements of this chapter. 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 building permits for such lots or units.
The affordable housing agreement shall state the methodology for determining a unit's initial and ongoing rent or sales and resale price(s), any resale restrictions, occupancy requirements, eligibility requirements, city incentives including second mortgages, recapture mechanisms, the administrative process for monitoring unit management to assure ongoing affordability and other matters related to the development and retention of the inclusionary units.
In addition to the above, the affordable housing agreement shall set forth any waiver of the affordable housing fee. For projects which meet the affordability threshold with very low and/or low-income units, all units in the project shall be eligible for a waiver of the affordable housing fee. For ownership residential projects which meet the affordability threshold with moderate income units, only the inclusionary units shall be eligible for a waiver of the affordable housing fee except as otherwise approved by the city council.
To assure affordability in accordance with the terms of this chapter and over the life of the unit (i.e. in perpetuity) the affordable housing agreement shall be recorded with the property deed or other method approved by the city attorney.
Ordinance No. 2287
The community development director may waive the requirement for an affordable housing agreement for projects that have their affordable housing requirements included in a development agreement or other city document.
If a project is permitted to pay the affordable housing fee to meet the requirements of this Chapter, pursuant to Sections 17.44.040.D, 17.44.040.E, or Section 17.44.080, an affordable housing agreement shall not be required. In the case of approval pursuant to Section 17.44.080, such provision shall be included in a resolution for approval adopted by city council. (Ord. 1818 § 1, 2000; Ord. 2000 § 1, 2009)
§ 17.44.070. Incentives to encourage on-site construction of inclusionary units.
The city shall consider making available to the applicant incentives to increase the feasibility of residential projects to provide inclusionary units. Incentives or financial assistance will be offered only to the extent resources for this purpose are available and approved for such use by the city council or city manager, as defined below, and to the extent that the project, with the use of incentives or financial assistance, assists in achieving the city's housing goals. However, nothing in this chapter establishes, directly or through implication, a right of an applicant to receive any assistance or incentive from the city.
Any incentives provided by the city shall be set out in the affordable housing agreement pursuant to Section 17.44.060 of this chapter. The granting of the additional incentives shall require demonstration of exceptional circumstances that necessitate assistance from the city, as well as documentation of how such incentives increase the feasibility of providing affordable housing.
The following incentives may be approved for applicants who construct inclusionary units on-site:
A. 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 inclusionary 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 affordable housing agreement shall include the terms of the fee waiver.
B. Design Modifications. The granting of design modifications relative to the inclusionary requirement shall require the approval of the city council and shall meet all applicable zoning requirements of the city of Pleasanton. Modifications to typical design standards may include the following:
1. Reduced setbacks;
2. Reduction in infrastructure requirements;
3. Reduced open space requirements;
4. Reduced landscaping requirements;
5. Reduced interior or exterior amenities;
6. Reduction in parking requirements;
Ordinance No. 2287
7. Height restriction waivers.
C. Second Mortgages. The city may utilize available affordable housing funds for the purpose of providing second mortgages to prospective unit owners or to subsidize the cost of a unit to establish an affordable rent or an affordable sales price. Terms of the second mortgage or subsidy shall be stated in the affordable housing agreement. The utilization of these incentives shall not be the sole source of providing the inclusionary units and they are intended to augment the developer's proposal.
(Ord. 1818 § 1, 2000)
§ 17.44.080. Alternative Means of Compliance
In general, and where specified by this chapter, projects shall be required to construct inclusionary units on-site and in conjunction with market rate units within the same project in all new residential projects. However, pursuant to state law and in the interests of avoiding undue impediments to housing production, the city acknowledges that it may be beneficial to provide alternative means of compliance with this chapter.
A. Provisions Applicable to All Alternatives
1. Approval of any alternative proposal is subject to city council review and approval, based on the criteria and findings set forth in subsections B through H as applicable.
2. The applicant shall bear the burden of providing substantial evidence to support the findings set forth in this section, and to support the feasibility of any proposed alternative. The applicant shall set forth the factual and legal basis for any request under this section.
3. Any request under this section shall be submitted to the director of community development together with an economic analysis, if required, or other supporting documentation.
4. The city council may approve or conditionally approve any alternative set forth in this section if it makes all of the following findings and any additional findings required for the selected alternative:
a. It is not feasible or desirable to accommodate the inclusionary units on site, or to otherwise construct the units in strict accordance with the requirements of this chapter, due to specific site conditions or constraints, project location, or other unique characteristics of the project or project site.
b. The number of affordable units provided by the alternative equals or exceeds that provided by the on-site units or by the payment of the Affordable Housing Fee, as applicable to the project;
c. The level of affordability provided by the alternative is the same or lower (i.e. has “deeper” affordability) as provided by on-site units or the payment of fees, as applicable;
d. The alternative is consistent with the general plan and housing element, and the provisions of this chapter.
B. Alternative Proposals
Ordinance No. 2287
If the provision of on-site affordable units under Section 17.44.040.B. or C. is financially or otherwise infeasible, an applicant for a residential project may request, in order of priority: 1) alternative on-site unit type, size, configuration or clustering of units in a manner other than that specified in subsection
17.44.050, as provided in Subsection C below; 2) provide off-site units as provided in subsection D, below; 3) dedicate land for affordable housing as provided in subsection E, below; 4) pay the affordable housing fee as set forth in Chapter 17.40 and in Subsection F, below. The applicant must demonstrate, through provision of substantial evidence as described in Section A, above, that each of the higher priority options is infeasible before the city will consider a lower-priority option.
1. Notwithstanding Section 17.44.080 A.4., the city council may accept fees in lieu of the alternatives in Subsection B., above, provided it makes a finding that special circumstances justify payment of fees over provision of units.
C. Alternative unit type, size, configuration or clustering of units.
1. An applicant may propose alternatives for the on-site units that deviate from the strict standards of this chapter with respect to unit size, bedroom mix, clustering, unit type, and interior amenities of the affordable units.
2. Proposed units shall comply with requirements of the Building Code and Fire Code, and in no circumstance shall otherwise required amenities be waived that are necessary to ensure the health, safety and welfare of the building and its residents.
3. Alternative on-site locations or clustering of affordable units shall provide equivalent access to shared amenities within the project, unless the affordable units would have suitable alternative shared amenities available for the exclusive use of the residents of the affordable units.
D. Off-Site Projects. Upon approval by the city council, inclusionary 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 inclusionary units must meet the following criteria:
1. The off-site inclusionary units must not result in a significant concentration of inclusionary units in any one particular neighborhood or cause residential segregation.
2. The off-site location is suitable for the proposed affordable housing, and the off-site inclusionary units shall conform to the requirements of all applicable city ordinances and standards, and the provisions of this chapter.
3. The occupancy and rents of the off-site inclusionary 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 inclusionary units.
4. The affordable housing agreement shall stipulate the terms by which the off-site inclusionary units will be built. Construction of the off-site affordable units shall occur concurrently with construction of the market-rate units in the residential project, unless otherwise approved by the city council. If the construction does not take place at the same time as construction of the market-rate units, the agreement shall require the units to be constructed within a specified time frame, but in no event longer than two years after the first building permit is issued for the market-rate project. A cash deposit, bond or other financial security may be required by the city, refundable upon construction, as assurance that the units will be built.
5. Off-site construction of affordable units does not qualify the residential project for a density bonus or other regulatory incentives allowed by Government Code Section 65915 unless the
Ordinance No. 2287
off-site development includes the dedication of land conforming to the provisions of Section 65915(g). No off-site alternative may be approved by the city if a density bonus or other regulatory incentive is requested for the site on which the affordable housing is to be built.
Any off-site alternative must comply with the density, intensity and other development standards that are permitted under the zone for the site.
E. Land Dedication. Upon approval by the city council, an applicant may dedicate land to the city or a qualified nonprofit housing developer in place of actual construction of inclusionary units upon approval of the city council. The intent of allowing a land dedication option is to provide the city or a local nonprofit housing developer the free land needed to make an inclusionary unit development feasible, thus furthering the intent of this chapter. The following criteria shall be met for any dedication of land:
1. The dedicated land must be appropriately zoned, buildable, free of toxic substances, contaminated soils, or geologic or other physical constraints that make it unsuitable for residential development.
2. The developable area of the site is large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall require that the lots be fully improved, with infrastructure, adjacent utilities, grading, and fees paid.
3. The land is appraised by the city at a value equal to or greater than the in-lieu-fee in place at time of the market-rate project application, multiplied by the number of required inclusionary units that would be satisfied by construction of units on the land to be dedicated. If the appraised value is less than the in-lieu fee, the developer shall be subject to payment of the difference as a cash contribution to the Affordable Housing Fund.
F. Affordable Housing Fee. In lieu of providing inclusionary units in a project, the city council may approve payment of the city's affordable housing fee, as set forth in Chapter 17.40 of this title.
Such alternative shall only be approved if the city council determines that:
1. The proposal would be consistent with and further the purpose of this chapter, as set forth in Section 17.44.020.
2. Greater benefit would accrue to the City’s with respect to furthering affordable housing and the ability to provide housing affordable to all segments of the community through payment of the fee, versus requiring construction of the units on-site.
3. Projects requesting a density bonus, incentive or concession, waiver, or parking ratio under Government Code Section 65915 or Chapter 17.38 of the Pleasanton Municipal Code shall not be permitted to pay in-lieu fees as an alternative to satisfying the affordable housing requirements of this Chapter. Payment of fees in lieu of providing affordable units under Chapter 17.44 of the Code does not qualify a housing development for a density bonus.
G. Other Alternate Methods of Compliance. Applicants may propose other creative concepts for meeting the requirements of this chapter, in order to bring down the cost of providing inclusionary units, whether on- or off-site. The city council may approve such alternate methods of compliance with this chapter if the applicant demonstrates that such alternate method meets the purpose of this chapter (as set forth in Section 17.44.020 of this chapter). (Ord. 1818 § 1, 2000)
Ordinance No. 2287
Article III
Miscellaneous
§ 17.44.090. Administration.
An applicant of a project subject to this chapter shall submit an affordable housing proposal stating the method by which it will meet the requirements of this chapter. The affordable housing proposal shall be submitted as part of the applicant's city development application (e.g., design review, planned unit development, etc.) to the planning division in a form approved by the city manager.
A. Review and approval of the affordable housing proposal shall occur as follows: A proposal that is fully compliant with the requirements of this chapter, and does not include any request for alternative compliance, shall be subject to review and approval by the body responsible for review and approval of the related residential development application. Where the zoning administrator or planning commission is are the approving body, such action shall be subject to appeal in accordance with the provisions of Chapter 18.144.
B. Any affordable housing proposal that includes an alternative compliance method, or that deviates from the standards set forth in this chapter, shall be subject to city council review and approval.
In such cases the affordable housing proposal shall be reviewed by the city's planning commission at a properly noticed meeting open to the public. The planning commission shall make recommendations to the city council either accepting, rejecting or modifying the developer's proposal and/or the utilization of any incentives as outlined in this chapter. The planning commission may also make recommendations to the city council regarding the proposal as necessary to assure conformance with this chapter.
C. The approving body, as applicable, may direct the city manager to execute an affordable housing agreement in a form approved by the city attorney. The city manager, or his or her designee, shall be responsible for monitoring the sale, occupancy and resale of inclusionary units.
D. Amendment. Minor modifications to an approved affordable housing agreement may be granted by the director of community development, if the modifications substantially comply with the original affordable housing agreement. All other modifications to the affordable housing agreement shall be processed in the same manner as the original affordable housing proposal. (Ord. 1818 § 1, 2000; Ord. 2000 § 1, 2009)
§ 17.44.100. Conflict of interest.
The following individuals are ineligible to purchase or rent an inclusionary unit: (a) city employees and officials (and their immediate family members) who have policymaking authority or influence regarding city housing programs; (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. 1818 § 1, 2000)
Ordinance No. 2287
§ 17.44.110. Enforcement.
The city manager is designated as the enforcing authority. The city manager may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. The provisions of this chapter shall apply to all agents, successors and assigns of an applicant. No building permit or final inspection shall be issued, nor any development approval be granted which does not meet the requirements of this chapter. In the event that it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in an inclusionary unit, the city may take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant, or to the city in the event the tenant cannot be located, any excess rents charged. (Ord. 1818 § 1, 2000)
§ 17.44.120. Appeals.
Any person aggrieved by any action or determination of the city manager under this chapter, may appeal such action or determination to the city council in the manner provided in Chapter
18.144 of this code.
(Ord. 1818 § 1, 2000)
Ordinance No. 2287
TITLE 18
ZONING
CHAPTER 18.38 HOZ HOUSING OPPORTUNITY ZONE DISTRICT
Article I General Provisions
§ 18.38.010 Title.
§ 18.38.020 Purpose.
Article II Requirements
§ 18.38.030 General applicability and development standards.
Article III Miscellaneous
§ 18.38.040 Appeals.
Article I
General Provisions
§ 18.38.010. Title.
This chapter shall be called the "Housing Opportunity Zone (HOZ) District" ordinance of the city of Pleasanton.
(Ord. 2272, 12/19/2023)
§ 18.38.020. Purpose.
The purpose of this chapter is to enhance the public welfare and ensure further housing development attains the city's housing goals, including affordable housing, by increasing the production of residential units for all income levels. To ensure the remaining developable land is utilized in a manner consistent with the city's housing policies and needs, this HOZ district is created to allow new or expanded affordable housing development opportunities to all applicable parcels as specified in the city's Housing Element of the General Plan. These new or expanded opportunities shall apply to both ownership and rental projects.
(Ord. 2272, 12/19/2023)
Ordinance No. 2287
Article II
Requirements
§ 18.38.030. General applicability and development standards.
A. General Applicability.
1. Parcels shall be identified in the city's Housing Element as a housing opportunity site, meaning sites designated in the Housing Element to be zoned to allow residential development or mixed-use (i.e., mixed residential and nonresidential use, whether in the same building or on the same site) and designated in the General Plan Land Use Map as Housing Element Overlay.
2. Parcels identified in the Housing Element as accommodating the city's share of the lower income Regional Housing Needs Allocation, including the following housing opportunity sites, identified with reference to the 2023-2031 6th Cycle Housing Element, as follows: Site 2 - Stoneridge Shopping Center; Site 5 - Laborer's Council; Site 6 - Signature Center; Site 7 - Hacienda Terrace; Site 9 - Metro 580; Site 12 - Pimlico Area (North Side); Site 20 - Boulder Street; Site 21a (Kiewit High Density); Site 23 - Sunol Boulevard; Site 29 - Oracle; and the Dublin/Pleasanton BART Station parking lot. These sites shall:
a. Permit owner -occupied and/or rental single -family and/or multi -family uses by right pursuant to California Government Code Section 65583.2(h) and (i) for projects with affordable housing proposals in which 20% or more of the units are affordable to lower- income households.
b. Be allowed 100% residential uses regardless of any other applicable zoning district's permitted and conditionally permitted uses for the site; and c. Have all residential uses either: (i) occupy at least 50% of the floor area for a new construction mixed -use project; or (ii) occupy at least 50% of the new floor area proposed on a housing opportunity site with pre-existing commercial/office floor area to be preserved as part of the project. In no case shall the provisions of this district preclude a commercial/office project with no residential uses, assuming those uses are allowed by the base zoning, to be proposed on a housing opportunity site.
B. Development Standards.
1. Nonresidential uses, including modification and expansion of existing uses, shall be permitted and conditionally permitted as specified in the underlying zoning district, the city's Objective Design Standards (ODS) and/or applicable provisions of this title thereto.
2. Residential uses shall be allowed consistent with the densities set forth on a site-specific basis in the Housing Element and the city's Objective Design Standards, the applicable development standards as specified in the city's Objective Design Standards and/or applicable provisions of this title, and the requirements of Chapter 17.44 (Inclusionary Zoning) and other applicable provisions of Title 17.
(Ord. 2272, 12/19/2023)
§ 18.38.040. Appeals.
Any person aggrieved by any action or determination of the city manager under this chapter, may appeal such action or determination to the city council in the manner provided in Chapter 18.144 of this code. (Ord. 2272, 12/19/2023)
Item #6
CITY COUNCIL AGENDA REPORT
December 3, 2024
Finance
TITLE: ACCEPT THE MONTHLY DISBURSEMENT AND INVESTMENT REPORT FOR OCTOBER 2024
SUMMARY
The City's monthly disbursements and investment report for October 2024 is provided for the City Council's review and acceptance.
RECOMMENDATION
Accept claim disbursements in the amount of $21,671,295 and the investment report for the month of October 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 October 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.
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
OCTOBER 2024 DISBURSEMENTS
CHECK REGISTER*
DATE CHECK NUMBER AMOUNT
10/3/2024 64737-64850 4,831,038$
10/4/2024 64859 3,140,209
10/10/2024 64860-64941 727,272
10/17/2024 64944-65096 1,859,816
10/24/2024 65109-65234 1,655,317
12,213,652$
ACH PAYMENTS
DATE CHECK NUMBER AMOUNT
10/3/2024 64851-64858 230,601$
10/10/2024 64942-64943 23,110
10/17/2024 65097-65108 2,385,073
10/24/2024 65235-65241,65243-65245 46,418
Payroll & Tax related ACH Payments 926,880
3,612,082$
WIRE TRANSFERS AMOUNT
10/1/2024 Water Revenue Bond
Principal and Interest payment 280,719$
280,719$
PAYROLL TRANSFERS
DATE AMOUNT
10/2/2024 1,681,005 $
10/17/2024 1,720,377
10/30/2024 2,163,460
5,564,843$
TOTAL DISBURSEMENTS 21,671,295$
* Detailed registers available upon request.
$209,037,941
1.80%
420
*Based on Market value
Total Market Value
Effective Rate of Return
Portfolio Snapshot
Average Days to Maturity
Portfolio Characteristics
October 31, 2024
0.2%14.2%1.5%9.8%1.3%72.4%0.5%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%54%11%Maturity Distribution14.2%0.2%1.5%3.7%79.0%0.5%0.9%Assigned Credit Ratings of InvestmentsLAIFFDICDRYFUSAAAAAABBB
CITY OF PLEASANTON
Portfolio Management
October 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 480,000.00 2330.22 4.483108480,000.00480,000.00 4.545 LAIF 29,891,833.25 113.75 4.419129,781,712.9929,891,833.25 4.480 Gov't Money Market 3,125,341.51 11.44 4.44813,125,341.513,125,341.51 4.510 Medium Term Notes 21,570,334.68 1,8149.92 1.35531620,446,690.0021,000,000.00 1.374 Federal Agency Issues - Coupon 2,995,657.09 1,8251.38 1.2627802,818,950.003,000,000.00 1.280 Federal Agency Issues - Callable 158,420,440.80 1,82272.85 0.903515151,433,136.60158,630,000.00 0.916 Supranationals 980,200.00 1,7040.45 0.922482952,110.001,000,000.00 0.935 217,463,807.33 100.00%
Investments
209,037,941.10217,127,174.76 1,541 420 1.495 1.516
Current Year
October 31
296,246.26
Fiscal Year To Date
1,411,870.19
Average Daily Balance
Effective Rate of Return
220,883,480.07 233,075,819.97
1.80%1.58%
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 10/01/2024-10/31/2024
Run Date: 11/05/2024 - 12:54 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
11-22-2024
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Certificates of Deposit - Bank
4.170Fremont Bank1093-3 230,000.00 230,000.00 12/21/20244.17009/22/2024 230,000.00 4.113SYS-1093 50
4.890United Business Bank1091-2 250,000.00 250,000.00 04/11/20254.89004/11/2024 250,000.00 4.823SYS 1091 161 480,000.00 4.483480,000.00480,000.00480,000.00Subtotal and Average 4.545 108 LAIF
4.480LOCAL AGENCY INVESTMENT FUND5 29,891,833.25 29,891,833.25 4.48029,781,712.99 4.419SYS5 1 29,891,833.25 4.41929,781,712.9929,891,833.2533,336,723.09Subtotal and Average 4.480 1 Gov't Money Market
4.510Dryfus Govt Cash Mgmt 6727 3,125,341.51 3,125,341.51 4.51008/23/2024 3,125,341.51 4.448X9USDCRGO 1 3,125,341.51 4.4483,125,341.513,125,341.512,790,450.09Subtotal and Average 4.510 1 Medium Term Notes
1.965Apple Inc.6049 1,000,000.00 1,037,212.20 01/13/20252.75001/13/2020 995,990.00 1.938037833DF4 73
1.8233M Company6053 2,000,000.00 2,016,869.48 02/14/20252.00002/14/2020 1,981,740.00 1.79888579YBH3 105
1.690EXXON MOBIL CORPORATION6056 3,000,000.00 3,145,587.00 03/06/20252.70903/11/2020 2,977,440.00 1.66730231GAF9 125
1.821Truist Bank6058 2,000,000.00 1,969,486.00 03/10/20251.50003/13/2020 1,976,360.00 1.79689788JAA7 129
1.777EXXON MOBIL CORPORATION6064 2,000,000.00 2,113,800.00 03/19/20252.99204/20/2020 1,986,780.00 1.75330231GBH4 138
1.090Toyota Motor Credit Corp6067 3,000,000.00 2,959,140.00 01/09/20260.80003/09/2021 2,872,200.00 1.07589236THW8 434
0.732Apple Inc.6065 2,000,000.00 1,996,860.00 02/08/20260.70002/08/2021 1,909,740.00 0.722037833EB2 464
0.981Apple Inc.6066 3,000,000.00 3,331,380.00 02/23/20263.25002/23/2021 2,957,220.00 0.967037833BY5 479
1.100JPMorgan Chase Bank NA6068 3,000,000.00 3,000,000.00 06/22/20261.10006/22/2021 2,789,220.00 1.08546632FSCO 598 21,570,334.68 1.35520,446,690.0021,000,000.0021,880,009.00Subtotal and Average 1.374 316 Federal Agency Issues - Coupon
1.280FEDERAL HOME LOAN BANK3576 3,000,000.00 2,995,657.09 12/21/20261.25012/22/2021 2,818,950.00 1.2623130AQF65 780 2,995,657.09 1.2622,818,950.003,000,000.002,995,657.09Subtotal and Average 1.280 780 Federal Agency Issues - Callable
0.707FREDDIE MAC4535 3,000,000.00 2,998,950.00 06/23/20250.70006/23/2020 2,930,520.00 0.6973134GVZ68 234
0.715FEDERAL FARM CREDIT BANK4537 3,000,000.00 2,997,750.00 06/30/20250.70007/06/2020 2,928,060.00 0.7063133ELQ49 241
0.707FEDERAL NATIONAL MORTGAGE ASSN4538 3,250,000.00 3,248,862.50 07/14/20250.70007/14/2020 3,167,547.50 0.6973136G4YH0 255
0.710FEDERAL NATIONAL MORTGAGE ASSN4541 3,000,000.00 3,000,000.00 07/22/20250.71007/22/2020 2,921,730.00 0.7003136G4A45 263
0.620FEDERAL HOME LOAN BANK4544 3,000,000.00 2,997,000.00 08/27/20250.60008/27/2020 2,908,620.00 0.6123130AJZ36 299
0.657FREDDIE MAC4545 3,000,000.00 2,998,950.00 09/09/20250.65009/09/2020 2,905,680.00 0.6483134GWA55 312
0.550FEDERAL FARM CREDIT BANK4548 3,340,000.00 3,336,660.00 09/29/20250.53010/05/2020 3,226,106.00 0.5433133EMBJ0 332
0.550FREDDIE MAC4547 3,000,000.00 3,000,000.00 09/30/20250.55009/30/2020 2,897,940.00 0.5423134GWW93 333
0.566FREDDIE MAC4549 3,000,000.00 2,997,600.00 09/30/20250.55010/07/2020 2,897,940.00 0.5593134GWWT9 333 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Federal Agency Issues - Callable
0.600FREDDIE MAC4550 3,000,000.00 3,000,000.00 10/28/20250.60010/28/2020 2,893,320.00 0.5923134GW3F1 361
0.595FEDERAL HOME LOAN BANK4553 3,000,000.00 2,996,250.00 11/25/20250.57011/25/2020 2,888,340.00 0.5873130AKGD2 389
0.600FEDERAL NATIONAL MORTGAGE ASSN4552 3,000,000.00 3,000,000.00 11/25/20250.60011/25/2020 2,886,240.00 0.5923135GA3W9 389
0.620FREDDIE MAC4554 3,000,000.00 3,000,000.00 12/01/20250.62012/01/2020 2,885,160.00 0.6123134GXDM3 395
0.625FEDERAL HOME LOAN BANK4555 3,000,000.00 3,000,000.00 01/22/20260.62501/22/2021 2,868,510.00 0.6163130AKQ74 447
0.650FEDERAL HOME LOAN BANK4557 3,000,000.00 3,000,000.00 01/28/20260.65001/28/2021 2,867,610.00 0.6413130AKRN8 453
0.550FEDERAL NATIONAL MORTGAGE ASSN4556 3,000,000.00 3,000,000.00 01/28/20260.55001/28/2021 2,867,130.00 0.5423135G06R9 453
0.110FEDERAL HOME LOAN BANK4558 3,000,000.00 3,000,000.00 02/12/20260.60002/12/2021 2,861,490.00 0.1093130AKXQ4 468
0.625FEDERAL HOME LOAN BANK4560 3,000,000.00 3,000,000.00 02/17/20260.62502/17/2021 2,861,010.00 0.6163130AL3S1 473
0.650FEDERAL HOME LOAN BANK4561 3,000,000.00 3,000,000.00 02/24/20260.65002/24/2021 2,860,080.00 0.6413130AL5X8 480
0.616FEDERAL HOME LOAN BANK4562 3,125,000.00 3,122,500.00 02/24/20260.60002/24/2021 2,977,281.25 0.6083130AKXJ0 480
0.750FEDERAL HOME LOAN BANK4563 3,000,000.00 3,000,000.00 02/24/20260.75002/24/2021 2,863,860.00 0.7403130ALCV4 480
0.650FEDERAL HOME LOAN BANK4559 3,000,000.00 3,000,000.00 02/26/20260.65002/26/2021 2,859,540.00 0.6413130AKZ25 482
0.922FEDERAL HOME LOAN BANK4572 3,000,000.00 2,989,560.00 02/26/20260.85003/15/2021 2,867,130.00 0.9093130ALGR9 482
0.947FEDERAL HOME LOAN BANK4574 3,000,000.00 2,985,960.00 02/26/20260.85003/18/2021 2,867,130.00 0.9343130ALGR9 482
0.971FEDERAL HOME LOAN BANK4577 3,000,000.00 2,982,510.00 02/26/20260.85003/22/2021 2,867,130.00 0.9583130ALGR9 482
1.000FEDERAL HOME LOAN BANK4579 3,000,000.00 2,978,517.00 02/26/20260.85003/31/2021 2,867,130.00 0.9863130ALGR9 482
0.800FEDERAL HOME LOAN BANK4565 3,000,000.00 3,000,000.00 03/16/20260.80003/16/2021 2,859,300.00 0.7893130ALDN1 500
0.875FEDERAL HOME LOAN BANK4569 3,000,000.00 3,000,000.00 03/23/20260.87503/23/2021 2,860,410.00 0.8633130ALGC2 507
0.959FEDERAL HOME LOAN BANK4576 3,000,000.00 2,987,700.00 03/23/20260.87503/23/2021 2,860,410.00 0.9463130ALGC2 507
1.050FEDERAL FARM CREDIT BANK4575 3,000,000.00 3,000,000.00 03/25/20261.05003/25/2021 2,869,860.00 1.0363133EMUK6 509
1.000FEDERAL HOME LOAN BANK4571 3,000,000.00 3,000,000.00 03/30/20261.00003/30/2021 2,863,440.00 0.9863130ALMM3 514
0.993FEDERAL HOME LOAN BANK4578 3,000,000.00 2,998,050.00 03/30/20260.98003/30/2021 2,862,630.00 0.9803130ALNT7 514
1.026FEDERAL HOME LOAN BANK4581 3,000,000.00 2,996,250.00 03/30/20261.00004/05/2021 2,863,440.00 1.0123130ALMM3 514
1.051FEDERAL HOME LOAN BANK4580 3,000,000.00 2,995,500.00 04/15/20261.02004/15/2021 2,860,500.00 1.0363130ALUC6 530
1.020FEDERAL HOME LOAN BANK4585 2,795,000.00 2,795,000.00 05/19/20261.02005/20/2021 2,656,228.25 1.0063130AMCL4 564
1.010FEDERAL HOME LOAN BANK4587 3,000,000.00 2,998,500.00 05/26/20261.00005/26/2021 2,848,290.00 0.9963130AMH62 571
0.987FEDERAL HOME LOAN BANK4588 3,000,000.00 2,998,950.00 05/26/20260.98005/26/2021 2,847,390.00 0.9743130AMGW6 571
0.901FEDERAL HOME LOAN BANK4590 2,750,000.00 2,746,562.50 05/26/20260.87506/02/2021 2,605,790.00 0.8883130AMHB1 571
1.000FEDERAL HOME LOAN BANK4591 1,500,000.00 1,500,000.00 05/26/20261.00006/02/2021 1,424,145.00 0.9863130AMH62 571
0.921FEDERAL FARM CREDIT BANK4595 3,000,000.00 2,997,000.00 06/15/20260.90006/24/2021 2,841,750.00 0.9083133EMH21 591
1.030FEDERAL HOME LOAN BANK4592 3,000,000.00 3,000,000.00 06/30/20261.03006/30/2021 2,841,540.00 1.0163130AMSL7 606
1.070FEDERAL HOME LOAN BANK4594 3,000,000.00 3,000,000.00 06/30/20261.07006/30/2021 2,843,460.00 1.0553130AMYA4 606
1.000FEDERAL HOME LOAN BANK4596 1,500,000.00 1,500,000.00 06/30/20261.00006/30/2021 1,420,065.00 0.9863130AN2Q2 606
1.025FEDERAL HOME LOAN BANK4597 3,000,000.00 2,999,250.00 07/14/20261.02007/14/2021 2,837,280.00 1.0113130AMWK4 620
1.033FEDERAL HOME LOAN BANK4598 3,000,000.00 2,983,500.00 09/30/20260.92009/30/2021 2,817,180.00 1.0193130AP2P9 698
1.085FEDERAL HOME LOAN BANK4599 3,000,000.00 2,997,750.00 10/14/20261.07010/14/2021 2,821,800.00 1.0713130APC94 712
1.421FEDERAL HOME LOAN BANK4600 530,000.00 526,947.20 11/24/20261.30012/09/2021 498,878.40 1.4013130APU78 753 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM2) 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Federal Agency Issues - Callable
1.421FEDERAL HOME LOAN BANK4601 1,840,000.00 1,829,401.60 11/24/20261.30012/09/2021 1,731,955.20 1.4013130APUR4 753
1.459FEDERAL HOME LOAN BANK4602 3,000,000.00 2,988,000.00 12/01/20261.37512/09/2021 2,826,660.00 1.4393130APVC6 760
1.425FEDERAL HOME LOAN BANK4605 3,000,000.00 2,999,250.00 12/29/20261.42001/03/2022 2,823,120.00 1.4063130AQG80 788
1.541FEDERAL HOME LOAN BANK4606 3,000,000.00 2,982,750.00 12/29/20261.42001/10/2022 2,823,120.00 1.5193130AQG80 788
1.370FEDERAL HOME LOAN BANK4603 3,000,000.00 3,000,000.00 12/30/20261.37012/30/2021 2,819,940.00 1.3513130AQEC3 789
1.385FEDERAL HOME LOAN BANK4604 3,000,000.00 2,998,500.00 12/30/20261.37512/30/2021 2,820,240.00 1.3663130AQEF6 789
1.926FEDERAL HOME LOAN BANK4607 3,000,000.00 2,975,010.00 01/28/20271.75002/08/2022 2,837,760.00 1.9003130AQLD3 818
2.112FEDERAL HOME LOAN BANK4608 3,000,000.00 2,995,500.00 02/25/20272.08003/08/2022 2,854,320.00 2.0833130AQW66 846 158,420,440.80 0.903151,433,136.60158,630,000.00158,420,440.80Subtotal and Average 0.916 515 Supranationals
0.935International Finance Corp7000 1,000,000.00 980,200.00 02/26/20260.50006/28/2021 952,110.00 0.92245950VPS9 482 980,200.00 0.922952,110.001,000,000.00980,200.00Subtotal and Average 0.935 482
1.495220,883,480.07 217,127,174.76 1.516 420209,037,941.10 217,463,807.33Total and Average Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM2) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
October 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
FREMON1093-3 230,000.00 230,000.00 12/21/202409/22/2024 230,000.00SYS-1093 1,051.07 0.004.1704.170 50 VCB1091-2 250,000.00 250,000.00 04/11/202504/11/2024 250,000.00SYS 1091 6,832.60 0.004.8904.890 161 480,000.00480,000.00480,000.00480,000.00Subtotal and Average 7,883.67 0.00108 4.5454.545 LAIF
LAIF5 29,891,833.25 29,891,833.2529,781,712.99SYS5 43,616.98 -110,120.264.4804.480 1 29,891,833.2529,781,712.9929,891,833.2533,336,723.09Subtotal and Average 43,616.98 -110,120.261 4.4804.480 Gov't Money Market
DRYFUS7 3,125,341.51 3,125,341.5108/23/2024 3,125,341.51X9USDCRGO 10,825.63 0.004.5104.510 1 3,125,341.513,125,341.513,125,341.512,790,450.09Subtotal and Average 10,825.63 0.001 4.5104.510 Medium Term Notes
APPL6049 1,000,000.00 1,037,212.20 01/13/202501/13/2020 995,990.00037833DF4 8,250.00 -41,222.201.9642.750 73 3M6053 2,000,000.00 2,016,869.48 02/14/202502/14/2020 1,981,740.0088579YBH3 8,555.56 -35,129.481.8222.000 105 XOM6056 3,000,000.00 3,145,587.00 03/06/202503/11/2020 2,977,440.0030231GAF9 12,416.25 -168,147.001.6892.709 125 TRU6058 2,000,000.00 1,969,486.00 03/10/202503/13/2020 1,976,360.0089788JAA7 4,250.00 6,874.001.8211.500 129 XOM6064 2,000,000.00 2,113,800.00 03/19/202504/20/2020 1,986,780.0030231GBH4 6,981.33 -127,020.001.7772.992 138 TOYOTA6067 3,000,000.00 2,959,140.00 01/09/202603/09/2021 2,872,200.0089236THW8 7,466.66 -86,940.001.0900.800 434 APPL6065 2,000,000.00 1,996,860.00 02/08/202602/08/2021 1,909,740.00037833EB2 3,227.78 -87,120.000.7320.700 464 APPL6066 3,000,000.00 3,331,380.00 02/23/202602/23/2021 2,957,220.00037833BY5 18,416.67 -374,160.000.9803.250 479 JP6068 3,000,000.00 3,000,000.00 06/22/202606/22/2021 2,789,220.0046632FSCO 11,825.00 -210,780.001.1001.100 598 21,570,334.6820,446,690.0021,000,000.0021,880,009.00Subtotal and Average 81,389.25 -1,123,644.68316 1.3741.974 Federal Agency Issues - Coupon
FHLB3576 3,000,000.00 2,995,657.09 12/21/202612/22/2021 2,818,950.003130AQF65 13,541.66 -176,707.091.2801.250 780 2,995,657.092,818,950.003,000,000.002,995,657.09Subtotal and Average 13,541.66 -176,707.09780 1.2801.250 Federal Agency Issues - Callable
FHLMC4535 3,000,000.00 2,998,950.00 06/23/202506/23/2020 2,930,520.003134GVZ68 7,466.67 -68,430.000.7070.700 234 FFCB4537 3,000,000.00 2,997,750.00 06/30/202507/06/2020 2,928,060.003133ELQ49 7,058.33 -69,690.000.7150.700 241 FNMA4538 3,250,000.00 3,248,862.50 07/14/202507/14/2020 3,167,547.503136G4YH0 6,761.81 -81,315.000.7070.700 255 FNMA4541 3,000,000.00 3,000,000.00 07/22/202507/22/2020 2,921,730.003136G4A45 5,857.50 -78,270.000.7100.710 263 FHLB4544 3,000,000.00 2,997,000.00 08/27/202508/27/2020 2,908,620.003130AJZ36 3,200.00 -88,380.000.6200.600 299 FHLMC4545 3,000,000.00 2,998,950.00 09/09/202509/09/2020 2,905,680.003134GWA55 2,816.67 -93,270.000.6570.650 312 FFCB4548 3,340,000.00 3,336,660.00 09/29/202510/05/2020 3,226,106.003133EMBJ0 1,573.51 -110,554.000.5500.530 332 FHLMC4547 3,000,000.00 3,000,000.00 09/30/202509/30/2020 2,897,940.003134GWW93 1,420.83 -102,060.000.5500.550 333 FHLMC4549 3,000,000.00 2,997,600.00 09/30/202510/07/2020 2,897,940.003134GWWT9 1,420.83 -99,660.000.5660.550 333 FHLMC4550 3,000,000.00 3,000,000.00 10/28/202510/28/2020 2,893,320.003134GW3F1 150.00 -106,680.000.6000.600 361 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
October 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
FHLB4553 3,000,000.00 2,996,250.00 11/25/202511/25/2020 2,888,340.003130AKGD2 7,410.00 -107,910.000.5950.570 389 FNMA4552 3,000,000.00 3,000,000.00 11/25/202511/25/2020 2,886,240.003135GA3W9 7,800.00 -113,760.000.6000.600 389 FHLMC4554 3,000,000.00 3,000,000.00 12/01/202512/01/2020 2,885,160.003134GXDM3 7,750.00 -114,840.000.6200.620 395 FHLB4555 3,000,000.00 3,000,000.00 01/22/202601/22/2021 2,868,510.003130AKQ74 5,156.25 -131,490.000.6250.625 447 FHLB4557 3,000,000.00 3,000,000.00 01/28/202601/28/2021 2,867,610.003130AKRN8 5,037.50 -132,390.000.6500.650 453 FNMA4556 3,000,000.00 3,000,000.00 01/28/202601/28/2021 2,867,130.003135G06R9 4,262.50 -132,870.000.5500.550 453 FHLB4558 3,000,000.00 3,000,000.00 02/12/202602/12/2021 2,861,490.003130AKXQ4 3,950.00 -138,510.000.1100.600 468 FHLB4560 3,000,000.00 3,000,000.00 02/17/202602/17/2021 2,861,010.003130AL3S1 3,854.17 -138,990.000.6250.625 473 FHLB4561 3,000,000.00 3,000,000.00 02/24/202602/24/2021 2,860,080.003130AL5X8 3,629.17 -139,920.000.6500.650 480 FHLB4562 3,125,000.00 3,122,500.00 02/24/202602/24/2021 2,977,281.253130AKXJ0 3,489.58 -145,218.750.6160.600 480 FHLB4563 3,000,000.00 3,000,000.00 02/24/202602/24/2021 2,863,860.003130ALCV4 4,187.50 -136,140.000.7500.750 480 FHLB4559 3,000,000.00 3,000,000.00 02/26/202602/26/2021 2,859,540.003130AKZ25 3,520.83 -140,460.000.6500.650 482 FHLB4572 3,000,000.00 2,989,560.00 02/26/202603/15/2021 2,867,130.003130ALGR9 4,604.17 -122,430.000.9220.850 482 FHLB4574 3,000,000.00 2,985,960.00 02/26/202603/18/2021 2,867,130.003130ALGR9 4,604.17 -118,830.000.9470.850 482 FHLB4577 3,000,000.00 2,982,510.00 02/26/202603/22/2021 2,867,130.003130ALGR9 4,604.17 -115,380.000.9710.850 482 FHLB4579 3,000,000.00 2,978,517.00 02/26/202603/31/2021 2,867,130.003130ALGR9 4,604.17 -111,387.001.0000.850 482 FHLB4565 3,000,000.00 3,000,000.00 03/16/202603/16/2021 2,859,300.003130ALDN1 3,000.00 -140,700.000.8000.800 500 FHLB4569 3,000,000.00 3,000,000.00 03/23/202603/23/2021 2,860,410.003130ALGC2 2,770.83 -139,590.000.8750.875 507 FHLB4576 3,000,000.00 2,987,700.00 03/23/202603/23/2021 2,860,410.003130ALGC2 2,770.83 -127,290.000.9590.875 507 FFCB4575 3,000,000.00 3,000,000.00 03/25/202603/25/2021 2,869,860.003133EMUK6 3,150.00 -130,140.001.0501.050 509 FHLB4571 3,000,000.00 3,000,000.00 03/30/202603/30/2021 2,863,440.003130ALMM3 2,583.33 -136,560.001.0001.000 514 FHLB4578 3,000,000.00 2,998,050.00 03/30/202603/30/2021 2,862,630.003130ALNT7 2,531.67 -135,420.000.9930.980 514 FHLB4581 3,000,000.00 2,996,250.00 03/30/202604/05/2021 2,863,440.003130ALMM3 2,583.33 -132,810.001.0251.000 514 FHLB4580 3,000,000.00 2,995,500.00 04/15/202604/15/2021 2,860,500.003130ALUC6 1,360.00 -135,000.001.0501.020 530 FHLB4585 2,795,000.00 2,795,000.00 05/19/202605/20/2021 2,656,228.253130AMCL4 12,829.05 -138,771.751.0191.020 564 FHLB4587 3,000,000.00 2,998,500.00 05/26/202605/26/2021 2,848,290.003130AMH62 12,916.67 -150,210.001.0101.000 571 FHLB4588 3,000,000.00 2,998,950.00 05/26/202605/26/2021 2,847,390.003130AMGW6 12,658.33 -151,560.000.9870.980 571 FHLB4590 2,750,000.00 2,746,562.50 05/26/202606/02/2021 2,605,790.003130AMHB1 10,360.24 -140,772.500.9000.875 571 FHLB4591 1,500,000.00 1,500,000.00 05/26/202606/02/2021 1,424,145.003130AMH62 6,458.33 -75,855.000.9991.000 571 FFCB4595 3,000,000.00 2,997,000.00 06/15/202606/24/2021 2,841,750.003133EMH21 10,200.00 -155,250.000.9200.900 591 FHLB4592 3,000,000.00 3,000,000.00 06/30/202606/30/2021 2,841,540.003130AMSL7 10,385.83 -158,460.001.0301.030 606 FHLB4594 3,000,000.00 3,000,000.00 06/30/202606/30/2021 2,843,460.003130AMYA4 10,789.17 -156,540.001.0701.070 606 FHLB4596 1,500,000.00 1,500,000.00 06/30/202606/30/2021 1,420,065.003130AN2Q2 5,041.67 -79,935.001.0001.000 606 FHLB4597 3,000,000.00 2,999,250.00 07/14/202607/14/2021 2,837,280.003130AMWK4 9,095.00 -161,970.001.0251.020 620 FHLB4598 3,000,000.00 2,983,500.00 09/30/202609/30/2021 2,817,180.003130AP2P9 2,376.67 -166,320.001.0330.920 698 FHLB4599 3,000,000.00 2,997,750.00 10/14/202610/14/2021 2,821,800.003130APC94 1,515.83 -175,950.001.0851.070 712 FHLB4600 530,000.00 526,947.20 11/24/202612/09/2021 498,878.403130APU78 3,004.81 -28,068.801.4201.300 753 FHLB4601 1,840,000.00 1,829,401.60 11/24/202612/09/2021 1,731,955.203130APUR4 10,431.78 -97,446.401.4201.300 753 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM8) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
October 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
FHLB4602 3,000,000.00 2,988,000.00 12/01/202612/09/2021 2,826,660.003130APVC6 17,187.50 -161,340.001.4581.375 760 FHLB4605 3,000,000.00 2,999,250.00 12/29/202601/03/2022 2,823,120.003130AQG80 14,436.67 -176,130.001.4251.420 788 FHLB4606 3,000,000.00 2,982,750.00 12/29/202601/10/2022 2,823,120.003130AQG80 14,436.67 -159,630.001.5401.420 788 FHLB4603 3,000,000.00 3,000,000.00 12/30/202612/30/2021 2,819,940.003130AQEC3 13,814.17 -180,060.001.3701.370 789 FHLB4604 3,000,000.00 2,998,500.00 12/30/202612/30/2021 2,820,240.003130AQEF6 13,864.58 -178,260.001.3851.375 789 FHLB4607 3,000,000.00 2,975,010.00 01/28/202702/08/2022 2,837,760.003130AQLD3 13,562.50 -137,250.001.9261.750 818 FHLB4608 3,000,000.00 2,995,500.00 02/25/202703/08/2022 2,854,320.003130AQW66 11,440.00 -141,180.002.1112.080 846 158,420,440.80151,433,136.60158,630,000.00158,420,440.80Subtotal and Average 353,745.79 -6,987,304.20515 0.9160.898 Supranationals
IFC7000 1,000,000.00 980,200.00 02/26/202606/28/2021 952,110.0045950VPS9 902.78 -28,090.000.9350.500 482 980,200.00952,110.001,000,000.00980,200.00Subtotal and Average 902.78 -28,090.00482 0.9350.500 217,127,174.76 209,037,941.10 217,463,807.33 1.560 420 1.516 511,905.76 -8,425,866.23220,883,480.07Total and Average Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM8) 7.3.11
Par Value
Stated
Rate
October 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
FREMON1093-3 230,000.00 230,000.004.17012/21/2024SYS-1093 09/22/2024 230,000.004.170 VCB1091-2 250,000.00 250,000.004.89004/11/2025SYS 1091 04/11/2024 250,000.004.890 480,000.00Certificates of Deposit - Bank Totals 480,000.000.004.545480,000.00 LAIF
LAIF5 29,891,833.25 29,891,833.254.480SYS5 29,891,833.254.480 29,891,833.25LAIF Totals 29,891,833.250.004.48029,891,833.25 Gov't Money Market
DRYFUS7 3,125,341.51 3,125,341.514.510X9USDCRGO 08/23/2024 3,125,341.514.510 3,125,341.51Gov't Money Market Totals 3,125,341.510.004.5103,125,341.51 Medium Term Notes
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 21,570,334.68Medium Term Notes Totals 21,570,334.680.001.37421,000,000.00 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 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 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11
Par Value
Stated
Rate
October 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
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 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 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PMS) 7.3.11
Par Value
Stated
Rate
October 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
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 980,200.000.000.9351,000,000.00 217,463,807.33Investment Totals 217,463,807.330.00217,127,174.76 1.516 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PMS) 7.3.11
Stated
Rate
Transaction
Date
October 1, 2024 through October 31, 2024
Activity By Type
Balance
Portfolio Management
CITY OF PLEASANTON
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Certificates of Deposit - Bank
480,000.00Subtotal
LAIF (Monthly Summary)
LOCAL AGENCY INVESTMENT FUND5 586,315.364.480 10,000,000.00SYS5 10,000,000.00 29,891,833.25Subtotal 586,315.36
Gov't Money Market (Monthly Summary)
Dryfus Govt Cash Mgmt 6727 1,660,084.074.510 0.00X9USDCRGO
0.00 3,125,341.51Subtotal 1,660,084.07
Medium Term Notes
Toyota Motor Credit Corp6046 0.002.000 10/07/2024 1,599,984.0089236TGL3 1,599,984.00 21,570,334.68Subtotal 0.00
Federal Agency Issues - Coupon
2,995,657.09Subtotal
Federal Agency Issues - Callable
158,420,440.80Subtotal
Supranationals
980,200.00Subtotal
217,463,807.33Total 11,599,984.002,246,399.43
Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11
October 2023 through October 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
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 1 229,828,688.26September 2024 73 1,490 4281.599 1.621 4.480 1 2 220,883,480.07October 2024 71 1,541 4201.495 1.516 4.480 0 1 Average 238,769,440.81 1.652% 1.675% 4.219 0 1 1,445 52973 Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11
October 2023 through October 2024
Distribution of Investments By Type
Portfolio Management
CITY OF PLEASANTON
AverageNovemberOctober December
2023 2023 by Period
FebruaryJanuary March
2024 2024
MayApril June
2024 2024
July September
2024 2024
October
2024Security Type
August
2024202420242023
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
11.1 23.611.1LAIF 21.5 20.522.7 28.3 27.028.1 19.1 17.319.0 13.8 20.2% Fidelity - Government Fund
Gov't Money Market 0.1 0.7 1.4 0.2%
Managed Pool Accounts -4
Passbook/Checking Accounts
13.3 11.413.3Medium Term Notes 11.4 11.511.2 9.7 9.910.4 10.5 10.211.0 9.9 11.0% Bankers Acceptances
Commercial Paper - Discount
1.4 1.21.4Federal Agency Issues - Coupon 1.2 1.31.2 1.1 1.21.1 1.3 1.31.3 1.4 1.3% Federal Agency Issues - Discount
Treasury Securities - Coupon
Treasury Securities - Discount
73.5 63.373.5Federal Agency Issues - Callable 65.4 66.264.3 60.3 61.459.8 68.4 69.868.1 72.9 66.7%
0.5 0.40.5Supranationals 0.4 0.40.4 0.4 0.40.4 0.4 0.40.4 0.5 0.4% Miscellaneous Securities - Discount
Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11
October 31, 2024
Interest Earnings Summary
Month EndingOctober 31 Fiscal Year To Date
Portfolio Management
CITY OF PLEASANTON
CD/Coupon/Discount Investments:
56,350.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
457,463.15
( 355,252.47)
796,032.86
457,454.84
( 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
158,560.68
16.00 648,165.14
35,819.60
158,576.68 683,984.74
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:
590,049.43Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
54,442.61
( 506,822.46)
1,395,733.76
54,442.61
( 722,290.92)
Interest Earned during Period 137,669.58 727,885.45
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
296,230.26
16.00 1,376,050.59
35,819.60
296,246.26 1,411,870.19
Portfolio PLST
CC
Run Date: 11/05/2024 - 12:54 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11
Item #7
CITY COUNCIL AGENDA REPORT
December 3, 2024
Fire
TITLE: ACCEPT THE RECOMMENDATION OF THE BOARD OF DIRECTORS FOR THE
LIVERMORE PLEASANTON FIRE DEPARTMENT'S JOINT POWERS
AUTHORITY (LPFD) AND ADOPT A RESOLUTION AUTHORIZING LPFD TO
GIVE NOTICE OF ITS WITHDRAWAL FROM THE CALIFORNIA JOINT POWERS
RISK MANAGEMENT AUTHORITY (CJPRMA) AND TO EXPLORE ALTERNATE
LIABILITY COVERAGE
SUMMARY
City staff and the Board of Directors for the Livermore Pleasanton Fire Department’s (LPFD) Joint Powers Authority (JPA) recommend that LPFD give its notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA) and explore alternate liability coverage. Based on research and analysis of the current program, staff believes there are more cost-effective options that will also be better aligned with LPFD's risk profile.
RECOMMENDATION
Accept the recommendation of the Board of Directors for the Livermore Pleasanton Fire Department's Joint Powers Authority (LPFD) and adopt a resolution authorizing LPFD to give notice of its withdrawal from the California Joint Powers Risk Management Authority (CJPRMA) and to explore alternate liability coverage.
BACKGROUND
On July 1, 2018, LPFD joined the California Joint Powers Risk Management Authority (CJPRMA) to obtain coverage for general liability, auto liability, and employment practices liability. Staff has determined there are more desirable options for LPFD to obtain this coverage and recommends that LFPD provide a Notice of Withdrawal to CJPRMA on or before December 31, 2024. If a more desirable option does not come to fruition, LPFD will very likely be able to continue with CJPRMA.
Staff has hired a consultant who has begun to research replacement coverage options for LPFD, including other public-agency risk pools, excess insurance in the private market, and potentially self-insurance. Staff will return to the Board of Directors in the spring of 2025 to present information on those options and to provide a recommendation for securing replacement coverage to take effect on July 1, 2025.
On November 13, 2024, the Board of Directors for LPFD met and voted to recommend the action being requested in this report.
DISCUSSION
The Livermore City Council will also be acting on this item at its meeting on December 9, 2024.
Once authorization has been provided by both City Councils, LPFD will issue its notice of withdrawal.
EQUITY AND SUSTAINABILITY
Staff has hired a consultant who has begun to research replacement coverage options for LPFD, including other public-agency risk pools, excess insurance in the private market, and potentially self-insurance.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine matter of City business.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by: Submitted by: Approved by:
Joseph Testa, Fire Chief Joseph Testa, Fire Chief
Gerry Beaudin, City
Manager
Attachments:
1. Resolution to give notice to withdraw from CJPRMA
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO
AUTHORIZE THE LIVERMORE PLEASANTON FIRE DEPARTMENT TO GIVE NOTICE
OF WITHDRAWAL FROM THE CALIFORNIA JOINT POWERS RISK MANAGEMENT
AUTHORITY (CJPRMA) AND TO EXPLORE ALTERNATE LIABILITY COVERAGE WHEREAS, on November 13, 2024, the Board of Directors for the Livermore Pleasanton Fire Department’s Joint Powers Authority met and recommended that LPFD issue a notice of withdrawal from CJPRMA and to explore alternate coverage; and WHEREAS, on December 3, 2024, the City Council met to consider the recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. LPFD is authorized to give notice of its intent to withdraw from CJPRMA and shall continue exploring alternate liability coverage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on December 3, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 3rd day of December 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney
Item #8
CITY COUNCIL AGENDA REPORT
December 3, 2024
Library and Recreation
TITLE: APPROVE THE SECOND AMENDMENT TO THE OPERATOR AGREEMENT
WITH BLACK TIE TRANSPORTATION FOR PLEASANTON PARATRANSIT SERVICES IN AN AMOUNT NOT TO EXCEED $334,656 FROM JANUARY 1, 2025, THROUGH DECEMBER 31, 2025
SUMMARY
This contract amendment continues paratransit/senior transportation services for the Pleasanton community. This amendment increases monthly costs by $996 or 3.7%.
Paratransit services are paid for entirely with Alameda County Measure BB funds.
RECOMMENDATION
Approve the Second Amendment to the Operator Agreement with Black Tie Transportation for Pleasanton Paratransit Services in an amount not to exceed $334,656 from January 1, 2025, through December 31, 2025.
BACKGROUND
The City of Pleasanton has provided Pleasanton Paratransit Service (PPS) since 1972. The program was re-engineered in 1998-1999 when the City Council voted to continue the transportation services and increase the General Fund allocation. Program enhancements were added which included extending hours and developing the group trip program. Program policies and procedures were updated and an advisory body, called the PPS Task Force, was created.
In November 2014, Alameda County voters approved Measure BB, which allocated additional funding for the City’s PPS program and provided an opportunity to consider how to best invest this funding into existing and future services.
In 2017, the City Council initiated a paratransit study. The City of Pleasanton and Livermore Amador Valley Transit Authority (LAVTA) staff began discussions and determined that a joint assessment of Tri-Valley Paratransit Services would provide valuable information required for the agency’s governing bodies and staff to make future programmatic and funding decisions.
The Mobility Forward: Tri-Valley Paratransit Study Final Report (2019) identifies four recommendations. The following three recommendations are specific to Pleasanton:
- Transfer Americans with Disabilities Act (ADA) service from Pleasanton to LAVTA - Restructure PPS as a City-based program for Older Adults (reorganize PPS within the City or contract for services)
- Implement a Tri-Valley coordinated transit strategy for Older Adults and people with disabilities.
The Mobility Forward: Tri-Valley Paratransit Study Final Report was adopted at the May 7, 2019 City Council meeting. The report findings led the City to contract out paratransit services. After a competitive bidding process, Black Tie Transportation was selected as the Operator, and services began on December 1, 2020, with a three-year term and a not to exceed the amount of $896,400 and a $179,280 contingency budget. On February 1, 2024, the City and Black Tie Executed the First Amendment of the Operator Agreement for an 11-month term and a not to exceed the amount of $295,812.
DISCUSSION
In Fiscal Year 2023/24, Black Tie Transportation completed 6,726 trips for Pleasanton residents. Per the agreement, Black Tie received $315,732 in Alameda County Transportation Commission Measure BB funds from the City of Pleasanton for Operating Services and $23,541 ($3.50 per person per trip) paid by the Pleasanton resident. In total (excluding the $3.50/trip), the cost per ride to the City for Black Tie Transportation was $46.94. If you include the $3.50/trip, the cost for these services is $50.44 per trip.
Throughout the length of the Agreement, Black Tie Transportation has been an excellent partner to the City and has helped residents stay mobile and active as they age. This is a vital service to the community, and by transitioning from City staff to Black Tie Transportation for paratransit services, the City no longer provides a General Fund subsidy to run this program.
EQUITY AND SUSTAINABILITY
This item enhances equity in our community by providing transportation for those who can no longer transport themselves. Senior transportation provides access to socialization, medical appointments, and other necessary resources.
OUTREACH
No outreach was associated with this item as this is a matter of routine business.
STRATEGIC PLAN ALIGNMENT
By contracting Paratransit services out to Black Tie Transportation, this amendment advances the ONE Pleasanton Goal A – Funding our Future by eliminating the General Fund subsidy for these vital services. In addition, paratransit services advance ONE Pleasanton Goal E – Building a Community Where Everyone Belongs by connecting older Pleasanton residents with the community.
FISCAL IMPACT
This Operator Agreement is funded by Alameda County Transportation Commission Measure BB funds. The not to exceed amount for the Second Amendment is $334,656. The total not to exceed the amount of the original Agreement, First Amendment, and Second Amendment is $1,526,868 with a $179,280 contingency budget.
Prepared by: Submitted by: Approved by:
Heidi Murphy, Director of
Library and Recreation
Heidi Murphy, Director of Library and
Recreation
Gerry Beaudin, City
Manager
Attachments:
1. Second Amendment to the Operator Agreement with Black Tie Transportation and Exhibit A
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement ("Second Amendment") is entered into this first day of January 2025 by the City of Pleasanton ("City") and Black Tie Transportation ("Operator") Whereas, on December 1, 2020, the City and Operator entered into an Operator Agreement for Senior Citizen transportation - Pleasanton Rides services, and on February 1, 2024, the City and Operator entered into the First Amendment to Agreement (collectively the "Agreement")
Whereas, the City and Operator agree to extend terms and provide for additional compensation as shown in Exhibit A.
Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Section 2 of the Agreement, "Terms" is amended to read: Term will be extended one final time to December 31, 2025.
2. Section 3 of the Agreement, "Compensation" will have a monthly compensation of $27,888 for a twelve-month total compensation amount of $334,656 starting January 1, 2025 and ending December 31, 2025. This amount does not include the use of contingency funds as described in Exhibit C of the original Operator Agreement.
3. This amendment 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.
4. All other terms and conditions of the Agreement shall remain in full force and effect.
In witness whereof, authorized representatives of the parties have executed this Second Amendment to the Agreement as of the date first above written.
CITY OF PLEASANTON
Gerry Beaudin, City Manager
Second Amendment
By:
CONTRAC
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LTANT
� Signature
Print name
Title: ?� / (8I
{If Contractor or Consultant is a corporation,
signatures must comply with California
Corporations Code §313}
Page I
ATTACHMENT 1
Exhibit A
Item #9
CITY COUNCIL AGENDA REPORT
December 3, 2024
Public Works - Engineering Division
TITLE: APPROVE AN ADDITIONAL CONSTRUCTION CONTINGENCY OF $250,600 FOR A TOTAL PROJECT CONTINGENCY AMOUNT OF $377,600 TO
CONSTRUCT BID ALTERNATIVES 1-4 FOR THE LIONS WAYSIDE AND DELUCCHI PARKS RENOVATIONS PROJECT, CIP NO. 06716
SUMMARY
The construction contract for the Lions Wayside and Delucchi Parks Renovations, CIP No. 06716, was approved by the City Council on September 3, 2024. The bid was awarded to the lowest responsive bidder, Integra Construction Services, Inc., in the amount of $1,265,000 for the base bid amount and included a contingency of $127,000 (approximately 10 percent) for unforeseen yet necessary work. The project bid resulted in lower than estimated bid costs, leaving a project balance of $323,510. At the time of the award, staff recommended not to award the bid alternates due to the cost of Integra’s bid alternate pricing, which totaled $447,000. After the contract was awarded, staff was able to value engineer and negotiate with the contractor to construct the bid alternates for a total of $250,600, which would leave a remaining balance of $72,860, when adding a new $50 expenditure for the project. The funding for the project, including the recommended bid alternatives, is fully funded by dedicated Parks Impact Fees such that money from the General Fund is not used to implement this project. Construction of the bid alternates is not expected to impact the project schedule.
RECOMMENDATION
Authorize the City Manager, or authorized staff, to approve and execute contract change orders for an additional $250,600, for a total project contingency amount of $377,600, for the bid alternate work and unforeseen yet necessary related work.
BACKGROUND
On July 17, 2024, the City received seven base bids ranging from $1,265,000 to $1,776,966 for the Lions Wayside and Delucchi Parks Renovations project, CIP No. 06716. The low base bid amount submitted by Integra Construction Services Inc. (Integra), in the amount of $1,265,000, was approximately 19 percent lower than the Engineer’s Estimate of $1,560,000.
On September 3, 2024, the City Council awarded the construction contract to Integra Construction Services, Inc. in the amount of $1,265,000 with a construction contingency of $127,000 (approximately 10 percent).
DISCUSSION
The awarded base bid included park improvements that focused on the top priorities for Lions Wayside Park, as determined during the Master Plan public outreach process; these priorities included the construction of a new bandstand, a larger lawn area, retention of the majority of the existing mature trees, a trail, gathering areas, and other supporting Lions Wayside Park’s
amenities.
Integra’s bid in October 2024 of $1,265,000 was approximately 19 percent lower than the Engineer’s Estimate of $1,560,000, leaving a $323,510 project balance, but its bid-alternate(s) bid totaled $447,000 and exceeded the money available for the project. At the time of award, staff recommended the City Council not award the bid alternates to provide an opportunity for the contractor and staff to value engineer and negotiate bid-alternate pricing that would be acceptable to the City and contractor. No substantial changes to the bid alternatives were required and cost savings are associated with being able to perform all the work as part of the overall project. Staff and the contractor were able to negotiate an agreement to complete all four bid alternates for $250,600.
A number of other priorities were bid as bid-alternates to ensure that the City had enough funding to move forward with the base project improvements. Bid alternates for the project included:
• Bid Alternate 1 - Update the landscaping and add a pathway in Delucchi Park: This bid alternative adds an accessible pathway to directly connect Lions Wayside Park, where the concerts are held, to the public restroom in Delucchi Park. It also includes new landscape to improve the sightline and safety around the restroom and pathway. The final negotiated cost for this bid alternative is $132,000. • Bid Alternate 2 - Pathway improvements at the 4363-4377 First Street properties: This bid alternative connects the trail through Lions Wayside Park to the existing trail at the Firehouse Arts Center parking lot, providing a complete pathway from the parking lot to the park, and adds mulch to the property to keep the weeds down, thus reducing staff time spent on maintenance and improving the health of the existing redwood tree (retention of the existing trees and maximizing shade opportunities was one of the primary requests during the outreach process). The final negotiated cost for this bid alternative is $85,000.
• Bid Alternate 3 - Adding a lawn seating area on the Firehouse Arts Center property:
This bid alternative converts the existing no-mow fescue to a lawn to provide more space to view concerts and maximize lawn area, which was one of the top requests by the public during the outreach process. The final negotiated cost for this bid alternative is $18,600.
• Bid Alternate 4 - Storm Water Pollution Prevention Plan (SWPPP) Compliance for the bid alternates: This bid alternative is to implement the necessary stormwater pollution prevention plan required due to the project exceeding one-acre of disturbed area, which occurs if any of the bid alternates are constructed. The final negotiated cost for this bid alternative is $15,000.
The proposed schedule for the project remains the same with construction anticipated to be complete for a summer 2025 concert series.
EQUITY AND SUSTAINABILITY
Approval of this action advances the Climate Action Plan (CAP 2.0) in Transportation and Land Use by promoting an effective alternative transportation system with walking and bicycling and providing greater park accessibility for all users.
OUTREACH
No additional public outreach was provided for the bid alternate approval as the bid alternates were based on the public outreach for the overall project
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects, and Strategy 7 – Continue to invest in parks, bicycle, and pedestrian infrastructure, and public art to improve traffic safety, promote climate resilience, and increase equitable access to cultural and recreational opportunities.
FISCAL IMPACT
At the time the construction contract was awarded on September 3, 2024, the total estimated expenditures for this project were $1,603,868, which includes actual expenditures in FY 2023/24 in the amount of $159,376, and anticipated expenditures in the amount of $1,444,492, related to the construction contract, construction support, and contingencies.
An additional project expenditure of $50 leaves a remaining project balance of $323,460. An additional $250,600 is required for the bid alternates, leaving a remaining balance of $72,860.
The funding for the project including the recommended bid alternatives is fully funded by Parks Impact Fees. General Fund is not used to implement this project. The funding and anticipated project expenditures are detailed in Attachment 1.
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. Financial Expenditure Summary
ATTACHMENT 1
CIP NO. 06716
12/03/24
Project Funding at end of FY23 Amount Totals
2016-24 CIP Allocation (F222 - Park Development Impact Fees) $1,927,378
SUBTOTAL FUNDING
Project Expenditures to Date as of FY25
Advertising - Bay Area News Group $411
Exemption Fee - Alameda County Clerk 50
Callander Associates, Inc. - Preliminary Design 26,407
Callander Associates, Inc. - Construction Documents 115,000 Callander Associates, Inc. - Amendment No. 1 105
Kier & Wright - On-Call Survey Services 20,000
Total Project Expenditures to Date
Anticipated Project Expenditures to Date
Callander Associates, Inc - Amendment No. 1 $31,695
Integra Construction Services Inc. - Construction Contract 1,265,000 Integra - contingency (approximately 10%) 127,000
Integra - additional contingency (approximately 20%) 250,600 Geocon - On call Geotechnical Special Inspection & Testing Services 18,250 Total Anticipated Project Expenditures to Date
TOTAL PROJECT EXPENDITURES
Funding Balance/ (Shortfall)
Project Balance $72,860
$1,854,518
LIONS WAYSIDE & DELUCCHI PARKS
$1,927,378
$161,973
$1,692,545
Item #11
CITY COUNCIL AGENDA REPORT
December 3, 2024
Human Resources
TITLE: ADOPT A RESOLUTION CERTIFYING AN EXCEPTION TO THE 180-DAY
WAITING PERIOD TO APPOINT RETIRED ANNUITANT JOSEPH TESTA TO
SERVE AS INTERIM FIRE CHIEF PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
SUMMARY
The City has a critical need to appoint Joseph Testa, a retired annuitant, to the position of Interim Fire Chief as of December 10, 2024, for lead direction on several key projects, including contract negotiations and the Community Risk Assessment, and continuity of operations following his retirement. This appointment is for a limited duration.
RECOMMENDATION
Adopt a resolution waiving the 180-day waiting period to appoint retired annuitant Joseph Testa to serve as Interim Fire Chief during the recruitment and selection process for the permanent appointment of the City’s next Fire Chief. This limited-duration assignment is recommended to be effective December 10, 2024, pursuant to Government Code Sections 7522.56 and 21224, at an hourly rate of $137.03, consistent with the salary schedule for the fire chief. The Interim Fire Chief will serve through the recruitment process and appointment of a permanent fire chief, which is anticipated to be completed no later than August 31, 2025.
BACKGROUND
Fire Chief Joseph Testa has announced his retirement effective December 9, 2024. The City will be conducting a comprehensive recruitment process with an executive search firm for a permanent successor. During the recruitment process, appointing an interim fire chief is crucial, as the position is critical to maintaining adequate staffing for emergency response, negotiation of EMS and other public safety services, and emergency preparedness. The City Manager serves as a Co-Executive Director with the City of Livermore's City Manager to the Livermore-Pleasanton Fire Department Joint Powers Authority. While the City of Pleasanton is responsible for human resources and personnel management for LPFD, the Pleasanton City Manager is appointing Joseph Testa as Interim Fire Chief effective December 10, 2024, in consultation with Livermore's City Manager. Chief Testa has the experience and unique skills to serve the City’s needs in the interim by providing organizational stability and leadership to ensure a smooth transition to the permanently appointed fire chief.
While the City Manager appoints all employees (see Municipal Code §2.08.100), this Interim Fire Chief agreement is presented to the City Council because of a requirement in State law.
Chief Testa, a recent retiree from the Livermore-Pleasanton Fire Department, is required to have his interim appointment approved by the City Council (see Cal. Govt. Code §21221(h)).
The governing body of a public agency can appoint a retiree to work in a vacant position during recruitment to fill the vacancy permanently or during an emergency to prevent the stoppage of public business. The governing body’s appointment should explain the need for the retiree’s
hire, and there must be documentation that the governing body made the appointment in the form of a resolution.
DISCUSSION
Retired annuitants are retirees who return to work with a California Public Employees’ Retirement System (CalPERS) employer in a designated retired annuitant position.
Government Code (GC) Sections 7522.56 and 21224 permit extra help retired annuitants under CalPERS to be employed upon appointment by a public agency to fill a critically needed position on an interim basis before 180 days have passed.
Basic requirements include:
• Annuitants can be hired only as an interim or acting appointment during the recruitment period; retirees cannot work permanently or indefinitely. • The salary must be no more than an hourly pay rate that falls within the regular salary schedule for that position. (A retired annuitant is not entitled to any benefits, vacation, or holidays.).
• A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30), including non-paid / volunteer hours.
• Annuitants must wait 180 days after their retirement date before returning to work.
Per GC 21224, “a retired person may serve without reinstatement from retirement or loss or interruption of benefits upon appointment by the appointing power of a public agency employer to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration.” A resolution is required to authorize this interim appointment of a retired annuitant status and for the waiver of the 180-day waiting period.
This same State law places strict limits on Chief Testa’s compensation (it can be no higher than the previous pay in the position), sets 960 as the maximum total hours that can be worked in a fiscal year, and does not allow for vacation leave or other benefits. The agreement provides that Chief Testa will fulfill the duties of a fire chief as required by State law, attend night and community meetings, and, therefore, schedule office hours more flexibly. The agreement includes other typical terms: the City can terminate early, and Chief Testa cannot have conflicts of interest.
The City confirms that the temporary appointment of the retired annuitant Joseph Testa as Interim Fire Chief for the Livermore-Pleasanton Fire Department complies with Government Code Sections 7522.56 and 21224.
EQUITY AND SUSTAINABILITY
It is not applicable, as this item is an administrative matter for City business.
OUTREACH
No outreach was conducted, as this item is an administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
This action is aligned with the ONE Pleasanton strategic plan goal of Safeguarding Our City by
providing comprehensive public safety services and preparing the City for future emergencies to foster a safe and secure community.
FISCAL IMPACT
The FY 2024/25 budget is sufficient to hire Chief Testa as a retired annuitant Interim Fire Chief. The government code does not allow retired annuitants to receive specialty pay and benefits associated with the fire chief position, resulting in cost savings for the City.
Prepared by: Submitted by: Approved by:
Sandra Williams,
Management Analyst
Xaviera Scoggins, Director of Human
Resources & Labor Relations
Gerry Beaudin, City
Manager
Attachments:
1. Resolution Interim Fire Chief
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO CERTIFY AN EXCEPTION TO THE 180-DAY WAITING PERIOD AND APPROVE AN
INTERIM FIRE CHIEF
WHEREAS, Fire Chief Joseph Testa is leaving his service with the City/Joint Powers Authority effective December 9, 2024, and
WHEREAS, while the City undertakes a recruitment for a new fire chief, an interim fire chief is needed for adequate staffing, public safety, and continuity of operations; and WHEREAS, Joseph Testa is the retired Fire Chief for the City/Joint Powers Authority and is qualified and available to serve as the City’s Interim Fire Chief; and WHEREAS, while the appointment of the fire chief is a duty of the City Manager (see Municipal Code §2.08.100), state law requires that in this circumstance, when a position is vacant and a recruitment is being undertaken if a retiree is assuming the interim position, the City Council must approve such interim appointment (see Cal. Government Code §21221(h)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. Approves the appointment of Joseph Testa to serve as the City’s/Joint Powers Authority’s Interim Fire Chief beginning on December 10, 2024, during the recruitment for a permanent fire chief, which is anticipated to be completed no later than August 31, 2025.
Authorizes the City Manager to: (i) execute the agreement, with minor modifications approved by the City Manager, Director of Human Resources and Labor Relations, and City Attorney; and (ii) to exercise his discretion to terminate the agreement.
SECTION 2. This resolution shall be 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 December 3, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 3rd day of December 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Resolution No.
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney
Item #12
CITY COUNCIL AGENDA REPORT
December 3, 2024
Police
TITLE: RECEIVE BIANNUAL UPDATE REGARDING POLICE DEPARTMENT
OPERATIONS, SERVICES AND ACTIVITIES
SUMMARY
The Police Department updates the City Council on community policing and department operations twice per year. This second report for 2024 provides an update on recent crime trends, crime statistics, personnel complaints, hiring initiatives, and department staffing.
RECOMMENDATION
Receive biannual update regarding Police Department operations, services and activities.
BACKGROUND
While the end-of-year biannual report is generally a programmatic review, the City Council and the community have expressed interest in receiving more information about current trends, as crime and public safety are key concerns identified citywide. In addition to crime trends, this report will highlight the implementation of the California Incident-Based Reporting System, personnel investigations, hiring, and an update on the operational impacts of police staffing levels.
DISCUSSION
Crime Trends
This report analyzes Part I crimes for January through September 2024 compared to the previous three years and the average for the same period. Part I persons crimes include homicide, rape, aggravated assault, and robbery; Part 1 property crimes include burglary, larceny, auto theft, and arson. The data analytics indicate fluctuations in crime rates during the evaluation periods: Overall, in 2024, Part 1 person crimes are down 16% compared to the previous three-year average. While robberies are on pace to be higher than last year, they will still be within the city's typical range, based on the previous three years. Additionally, more than 50% of Pleasanton robberies escalated from what were originally incidents of theft and organized retail theft. To help address this, staff has been partnering with retailers on crime prevention efforts, including sharing recommendations for crime prevention through environmental design and advanced holiday suppression planning using plain-clothed and directed enforcement officers.
Although Part 1 property crimes have shown an overall decrease of 3% over the previous three-year average, auto theft has significantly increased, consistent with regional trends.
Police staff is currently evaluating the Automated License Plate Reader (ALPR) program for deployment improvements and will evaluate a recommendation to use allocated funds to improve technology and reduce incidents of auto vehicle theft.
Following the vacancy of the former Crime Analyst position, which was primarily dedicated to
collecting crime statistics, in 2023 the department recruited a Crime and Intelligence Analyst, enabling staff to use more intelligence-led strategies to address crime spikes and respond proactively. Some of those strategies include deploying officers in high-crime and collision areas, strategically assigning plain-clothed officers to areas where thefts frequently occur, and sharing real-time information with regional law enforcement partners. In addition to these strategies, the crime analyst can provide real-time data to patrol officers to assist in apprehending criminals. For example, patrol officers were recently dispatched on a report of an in-progress vehicle burglary; the Crime Analyst logged into the traffic cameras in the area, was able to locate the suspect’s vehicle, and provided the information to the officers, contributing to the efficient use of police resources.
Table 1 below illustrates crime trends in Pleasanton for the past four years, from January through September.
Table 1 : Part 1 Crimes Comparison January-September 2021-2024
Clearance Rate
Overall, the Part 1 crime clearance rate decreased to 23%, down from the previous 3-year average of 26%; the property crime clearance rate declined 3% from 22% to 19%, while the persons crime clearance rate remained relatively stable at 80%.
Although staffing levels, as detailed below, have challenged the police department in recent years, the department members have committed to the mission of serving and protecting the Pleasanton community with notable success. In one recent example, a male subject contacted Pleasanton Police Dispatch asking for assistance; he demanded an officer respond to him, stating he had run out of gas. His evasive behavior in providing only limited information caused the dispatcher to be concerned. With the limited information, the dispatchers determined the person was the suspect in a homicide that occurred earlier in the day in a neighboring community. The firearm had not been recovered, and the suspect stated he wanted to be killed by police. Within 10 minutes of receiving the call, the suspect arrived in the Pleasanton Police Department lobby, demanding to see an officer. Through the teamwork of all involved staff, the suspect was safely taken into custody by the officers without any injuries
to the suspect or the officers.
As committed as Police Department staff are to preventing crime and apprehending those responsible, they are equally committed to addressing quality of life issues. Recently, staff from the Police Department and the Traffic Engineering division received multiple complaints from residents about a significant increase in gravel truck traffic on First Street. Unfortunately, state mapping identified First Street as a designated truck route, superseding an agreement between the City and the gravel company to use alternate routes. Balancing the need for commerce with safety and quality of life concerns, current regulations regarding vehicle weight limits were evaluated, and the City installed signs restricting vehicles over eight tons. This change allowed officers to stop and cite vehicles violating the posted weight limit. In addition, police management met with the management of the gravel truck company to provide training and alternate approved truck routes.
Uniform Crime Reports (UCR) v. California Incident-Based Reporting System (CIBRS) Uniform Crime Reports (UCR) was a collective effort by cities, counties, states, tribal, and federal law enforcement to present a nationwide view on crime. It was also used generally by law enforcement agencies to indicate an increase or decrease in crime in their community and is the reporting method used by the Pleasanton Police Department. UCR reporting has been the crime reporting standard for California law enforcement since the 1930s.
In the early 1980s, the Federal Bureau of Investigations (FBI) introduced the National Incident- Based Reporting System (NIBRS). As of May 2024, all 50 states and the District of Columbia were certified to use NIBRS, and the FBI will now no longer accept UCR summary-based reporting. In recent years, the California Department of Justice expanded the data elements of NIBRS to create the California Incident-Based Reporting System (CIBRS) to collect and report more specific information than NIBRS. With this, in December 2024, the City will transition to a new Computer Aided Dispatch and Records Management System and, with it, CIBRS data collection and reporting. The key difference between CIBRS and UCR is eliminating the hierarchy rule and single incident reporting. Under the UCR hierarchy rule, only the single most serious offense is reported, regardless of whether other offenses occurred during the same incident. In contrast, CIBRS will collect up to 10 of the reportable offenses when they occur in the same incident, effectively reporting crime more accurately. In addition, using UCR single incident reporting, only one crime is reported for each incident, regardless of the number of victims. In contrast, using CIBRS, a separate crime is reported for each victim.
Effectively, CIBRS incident reporting is more detailed than the traditional UCR standards, which can lead to post-CIBRS misinterpretation of crime data as an increase in crime rather than a by-product of changes in data reporting rules.
The Police Department’s first biannual report of 2025 will contain the final comparison of year- to-year crime data in the UCR format. All crime data collected and information provided after January 1, 2025, will be reported using the CIBRS method.
Alternate Response Unit
In 2023, the Alternate Response Unit (ARU) reached full staffing. However, due to a police department staffing shortage, the unit was partially disbanded in early 2024 during which the unit operated with one officer and a clinician team for approximately six months. As
department staffing has improved significantly, the ARU team is now fully staffed. The City contracts with Bonita House, a nonprofit organization in Alameda County that provides crisis mental health services, to provide the two licensed clinicians for the ARU.
Between January and October 2024, the ARU responded to 1,079 calls for service; during the same time period in 2023, the ARU responded to 744 calls for service, representing a 45 percent increase in calls for service year-over-year. In 2024, the ARU diverted 379 calls from patrol officers, co-responded with patrol to 263 calls, and made 437 proactive contacts. During the same timeframe in 2023, the ARU diverted 318 calls from patrol, co-responded to 215 calls, and made 211 proactive contacts. As testament to the ARU's overall success, mental health commitments (5150/5585 Welfare and Institutions Code) continue to decline. During the first 10 months of 2024, members of the Department made 87 holds, compared to 99 mental health commitments during the same time frame last year. Mental health commitments have declined year after year since the department started collecting the numbers in 2020, at which time the total number of department mental health commitments was 410.
The ARU continues to serve the City’s unhoused population and found long-term permanent housing for seven individuals, up from two individuals last year. In January 2024, the ARU joined City colleagues to conduct the “Point in Time” count to determine how many unhoused individuals live in Pleasanton; the primary purpose of the Point in Time count is to assist in allocating resources to Pleasanton through the state and county. The count revealed 69 unhoused individuals in Pleasanton, down from 72 identified from the previous count. To date in 2024, four encampments have been cleaned up at Stoneridge Drive/Springhouse Apartments, the underpass at First Street/Stanley Boulevard, Tessa Place, and the Stanford Sports Complex. The City's cost to clean up these encampments was $26,800.
Personnel Investigations
The Police Department recognizes that while its authority comes from California law, legitimacy comes from the trust of those served, and earned from integrity, including acting appropriately within established laws and policies, acknowledging mistakes, and taking appropriate corrective action when necessary. The Police Department has consistently maintained high expectations of conduct for its sworn and professional staff. The department prominently displays FAQs on its webpage, which explain how community members may express misconduct concerns regarding department employees. Complaints may be submitted to any supervisor or manager directly to the Chief of Police or through the City’s Human Resources Department, which is then forwarded to the City Manager for coordination.
Personnel investigations occur when a member of the public or a member of the department expresses concern about an employee's conduct. Generally, a supervisor reviews and investigates each complaint, which is then reviewed by the unit manager, a command officer, and the Chief of Police for impartiality, thoroughness, and accuracy. Depending on the scope and severity of the allegations, the Chief of Police and the City’s Human Resources Department may opt to contract with an outside investigator. At the conclusion of the investigation, each allegation of a policy violation will be assigned one of four possible findings: unfounded, not sustained, sustained, or exonerated. An “unfounded” finding means
the alleged conduct did not occur; a “not sustained” finding is assigned when there is insufficient evidence to determine if a policy violation did or did not occur; a finding of “sustained” means the conduct did occur and resulted in a policy violation; and an employee is “exonerated” when the conduct did occur, and that conduct was proper and within policy. Of note, a review of the department’s personnel investigations over the last five years found that all complaints with findings of "sustained" were the result of internally generated investigations. The use of body-worn cameras by field personnel has proven valuable in supporting officers’ interactions with community members as appropriate and within policy. In addition, members of the department expect that they will behave professionally and have a high degree of trust that reported misconduct will be investigated and addressed appropriately.
Table 2 below illustrates the total number of internally and externally generated complaints from 2020 to 2023 and January – September 2024.
Table 2: Personnel Complaints from 2020-2024
Personnel Complaints
2020 2021 2022 2023 2024*
Internal 3 8 5 2 4
Citizen 5 3 4 6 6
Total 8 11 9 8 10
Sustained 1 6 4 2 2**
*January - September **Not all investigations have been completed
During the identified timeframe, the most frequently sustained policy violation was unsafe driving, which resulted in on-duty vehicle collisions. All field personnel attended driver training during September and October 2024 department training days to address this issue and maintain California Peace Officers' Standards and Training compliance.
Hiring and Staffing
The police department continues to provide a service model that supports a “no call too small” philosophy in its work. The department is authorized for 83 sworn positions and 35 professional staff. Under the leadership of the Chief of Police, the department is composed of three Divisions: Operations, Investigations, and Support Services; a Captain or Commander leads each division. The Operations Division includes uniform patrol, traffic, special events, crime prevention, and animal services; the Investigations Division includes Personnel and Training, Criminal Investigations, Special Enforcement, and Youth and Community Services; and the Support Services include police Dispatch, Records, and Cadets.
At this time last year (in 2023), the department had 9 officer vacancies and 9 sworn members on medical leave, there were two police officer trainees at the Academy, and there were two dispatcher vacancies. At that time, the department had to address its vacancy rate by temporarily reassigning officers in specialized units back to patrol.
Table 3 below illustrates the number of staff separated from the department annually from
2020-2023 and 2024 to date.
Table 3: Annual Separations from Pleasanton Police Department 2020-2024 Annual Separations from Police
Department
2020 14
2021 8
2022 10
2023 11
2024* (YTD) 5
As of November 12, 2024, the department had 2 police officer vacancies and 5 sworn members on medical leave. There are 2 police officer trainees in the academy: one officer trainee started the academy in November and one officer trainee starts the academy in March 2025. Fifteen police officers and 5 professional staff, including 2 dispatchers, 2 Community Service Officers, and 1 maintenance assistant, have been hired in 2024. There are 5 officers in the Field Training Program anticipated to be included in the deployable ranks in early 2025; deployable officers can perform the duties of a solo beat officer and do not include those in the police academy, field training, or on leave. Dispatch Center, Records Unit, and Community Service Officer positions are all fully staffed; the only professional staff vacancy is Property/Evidence Technician.
Over the past year the City has had much success using multiple strategies to fill police department vacancies. The department now hosts the regional written exam and provides Pleasanton police officer applicants with a voucher to pay for the physical agility test. To draw candidates to the Pleasanton Police Department, staff participates in community events such as Dias los Muertos and the Diwali Festival to expose our profession to, and encourage applicants from, our diverse community. In addition, Personnel and Training Unit members host mock oral boards to assist prospective applicants and highlight Pleasanton. Concurrently, the Human Resources Department helped to streamline the hiring process by fast-tracking academy graduate applicants for interviews; now, entry-level police officer trainees are considered hired when they complete the hiring process and participate in in-house training prior to attending the academy. This early hiring improves both success in the academy and reduces the time necessary to complete the Field Training Program upon academy completion.
Youth Engagement Programming as a Recruitment Mechanism Recognizing the youth of Pleasanton as future leaders and with the goal of developing a workforce reflective of the community, there has been a strong focus on the Department’s youth programs. Traditionally, this occurs through the Police Explorer program and the Teen Academy. The Police Explorer program is designed to educate and involve youth in police operations, to educate youth about potential careers in law enforcement, to help strengthen relations with youth, and to increase the opportunity to align department demographics with those of the community we serve; the program is based on the “Learning for Life” school and community-based program affiliated with Scouting of America, emphasizing education, character building, and leadership development. Explorers are 14 to 20-year-old young adults
trained in various law enforcement tasks who assist at community events, as the minimum age to qualify as a police officer is 21. Experience as a Police Explorer allows young people to prepare for future community leadership roles.
Recognizing a potential opportunity to remain connected to our former Explorers, the City launched the Police Cadet Program and hired the police department's first three cadets. The Cadet Program is designed to serve as a pipeline, keeping college students connected to the Pleasanton Police Department. It bridges the time gap between those who age out of the Explorer Program and the age eligibility requirement to become a police officer.
The part-time work program allows the Cadets to begin their working career and earn the income needed to continue their formal education. Police Cadets assist department staff with various assignments such as data collection, traffic control, responding to parking complaints and animal-related calls, assisting at the front counter, and redacting confidential information related to Public Records Act requests. The Department has experienced early success with this program. Notably, one of the cadets was recently hired as a police recruit, starting the academy in March 2025.
With improved staffing, the department has been able to deploy officers to critical programs that had been collapsed due to staffing shortages. The Alternate Response Unit is fully staffed with one Sergeant and two officers, each paired with a clinician. The School Resource Office Program is again fully staffed with two officers and the addition of a part-time grant-funded officer dedicated to the elementary schools. One officer has been reassigned back to the traffic unit. If staffing continues positively, the Criminal Investigations Unit, Traffic Unit, and Crime Prevention will be fully staffed in early 2025.
Retirements
Although the City has significantly succeeded in its hiring efforts over the past 12 months, it is necessary to stay focused on this objective. The Pleasanton Police Department may experience a significant turnover in leadership and a need to fill vacant police officer positions resulting from retirements. In 2025, 12 sworn staff members are either eligible for retirement or will become eligible for retirement; it is likely that some, but not all, will elect retirement.
Table 4 below depicts the number of eligible retirees and the rank each currently holds.
Table 4: 2025 Retirement Eligibility by Rank
Retirement Eligibility by
Rank
Captain 1
Lieutenant 2
Sergeant 5
Officer 4
The police department continues to serve the community with honor and pride, recognizing that strong community support is a byproduct of providing professional, quality service. This report provides a snapshot of the policing strategies and operational practices that police employees use in partnership with the community.
EQUITY AND SUSTAINABILITY
Not applicable, as the item is a matter of routine City business.
OUTREACH
Nooutreach was conducted, as the item is a matter of routine City business.
STRATEGIC PLAN ALIGNMENT
The work of the Police Department is aligned with the completion of the department's strategic plan which is incorporated into the ONE Pleasanton goal of Safeguarding Our City.
FISCAL IMPACT
Receiving this report does not create an immediate impact on the City's operating budget.
Prepared by: Submitted by: Approved by:
Gina Anderson, Interim
Police Chief
Gina Anderson, Interim Police Chief
Gerry Beaudin, City
Manager
Attachments:
1. Biannual Police Update Presentation
Bi-Annual Police Department Update
City of Pleasanton City Council Meeting, December 3, 2024 Update on Key Areas
•Crime Trends
•Reporting
•Uniform Crime Reports (UCR) v. California Incident-Based Reporting System (CIBRS)
•Alternate Response Unit (ARU)
•Personnel Investigations
•Hiring and Staffing
•Youth Engagement
Crime Trends
•Reported crime is captured using the Uniform Crime Report – Two Crime Types
•Persons crime is down 16%, Property Crime is down 3%
•Increase in Robberies
•Increase in motor vehicle theft
•Prevention strategies in place and planned
Crime Trends
UCR v. CIBRS
•UCR crime reporting standard since
1930s
•CIBRS certified in California by DOJ
•Pleasanton Police transition to
CIBRS December 2024
•Pleasanton reporting CIBRS data
starting January 2025
•Key differences between UCR and
CIBRS
Alternate Response Unit
•Responded to 1079 calls for service
•437 proactive contacts
•Mental health commitments
continue to decrease
•Long-term housing for 7 individuals
•Four encampments removed.
•$26,800 in clean up cost.
Personnel Investigations
• Unfounded - The conduct alleged did not occur
• Not sustained – Not enough evidence to determine if a policy violation occurred
• Sustained - The conduct did occur and resulted in a policy violation
• Exonerated – The conduct occurred and was proper and
within policy
Personnel Investigations
• All Sustained complaints have been internally generated • Most frequently sustained violation was unsafe driving • All field personnel attended driver training in September and October 2024 Personnel Complaints
2020 2021 2022 2023 2024*
Internal 3 8 5 2 5
Citizen 5 3 4 6 6
Total 8 11 9 8 11
S u s t a i n e d 1 642 3 * *
*January - September **Not all inve stigations have been completed
Hiring and Staffing
• Deployable sworn strength of 78% (2023)
• Vacancies include 9 officers, 2 dispatch vacancies, 1 records clerk, 1 Community Service Officer
• Deployable sworn strength of 84% (Today)
• Vacancies include 2 officers, 1 Property/Evidence Technician • 5 officers in Field Officer Training Program
• 2 officers in academy
• 1 officer starting academy in November
• 1 officer starting academy in March 2025
• Deployable sworn strength anticipated 1st quarter 2025: 91% • Highest failure rate in hiring is background process
Hiring and Staffing – Youth Engagement
•Explorers (13)
•Cadets (3)
Retirement Eligibility
Retirement Eligibility by Rank
Captain 1
Lieutenant 2
Sergeant 5
Officer 4
Questions?
Item #13
CITY COUNCIL AGENDA REPORT
December 3, 2024
Public Works - Engineering Division
TITLE: INTRODUCE AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 17.16
REGARDING TREE PRESERVATION
SUMMARY
On March 5, 2024, staff presented a draft amendment to the tree preservation chapter of the Pleasanton Municipal Code to the City Council. After reviewing the proposed changes and receiving public input, the City Council directed staff to convene a Tree Preservation Ad Hoc Subcommittee to review the existing tree preservation ordinance and recommend appropriate changes. The subcommittee, comprised of Vice Mayor Testa, Councilmember Arkin, and Heritage Tree Board of Appeal member Deckert, met on three occasions to determine necessary updates for the benefit of both the city’s urban forest and residents. The outcome of these discussions is incorporated in the proposed revised tree preservation ordinance.
RECOMMENDATION
Introduce an ordinance amending and replacing Chapter 17.16 of the Municipal Code regarding tree preservation.
BACKGROUND
In the early 1970s, the City recognized the importance of its urban forest, and the City Council adopted Ordinance No. 640 relating to the preservation of trees on September 20, 1971.
The City Council has modified the Tree Preservation chapter of the municipal code (Tree Preservation Ordinance) over time, mostly in response to land development and issues with enforcement of the ordinance, but also to reflect the changing needs of residents, changing conditions and growth of the city, the 2022 adoption of the City's Climate Action Plan 2.0 (CAP
2.0), and new state regulations. Recognizing the need to determine a management strategy for the city’s aging urban forest, in March 2023 the City Council approved a contract with Dudek to assist staff in amending the ordinance as a component of the Urban Forest Master Plan project, CIP No. 20773.
Staff worked with Dudek to analyze ordinances from other cities, speak with various urban forestry experts, including local tree contractors and consulting arborists, and review public input received while managing and enforcing tree preservation to determine recommended amendments to the City’s existing Tree Preservation Ordinance. On March 5, 2024, staff presented a draft of the updated ordinance to the City Council, which after receiving input from several members of the public and reviewing the ordinance updates, the City Council directed staff to convene a Tree Preservation Ad Hoc Subcommittee with two City Council representatives – Vice Mayor Testa and Councilmember Arkin – and one Heritage Tree Board of Appeal member – Parks and Recreation Commissioner Deckert. The subcommittee reviewed and discussed the existing tree preservation chapter of the municipal code, ordinances of similar cities, related city policies, and received input from the public,
businesses, and property owners to analyze what updates would be reasonable for property owners, benefit the city’s urban forest, and be comparable to surrounding cities.
DISCUSSION
The proposed amendment to the tree preservation chapter of the municipal code is the first major revision in the 50+ years the code has been in effect and will help guide the management of the city’s urban forest for many years to come. After the City Council directed staff to revisit the proposed ordinance changes, City and Dudek staff spent considerable time conducting further analysis, benchmarking Pleasanton’s ordinance versus other cities’ ordinances - both locally and with other California cities with similar urban forests and population - and reviewing the data from years of enforcing the current ordinance to determine what impacts certain changes would have.
The goal of the additional analysis was to have an ordinance that was sensible, based on the tree removal requests the City receives, defensible, based on state law, comparable to similar cities and other Tri-Valley cities, and beneficial, based on the health of the urban forest.
Staff met with the Tree Preservation Ad Hoc Subcommittee on three occasions between March-October 2024. The first meeting was held to review the input received at the March 5 City Council meeting and discuss recommended ordinance modifications. At the second meeting, the subcommittee and staff members reviewed and discussed proposed changes to the ordinance based on the guidance received at the first meeting and discussed next steps.
The third meeting provided an opportunity to review the draft of the ordinance with changes aligned with the discussions at the previous meetings.
Following the last Ad Hoc Subcommittee meeting, staff met with the Heritage Tree Board of Appeals, and then finalized the language with the City Attorney’s Office to help ensure the ordinance changes were clear and defensible and properly organized and effectively presented.
A final draft of the revised ordinance is now being presented to the City Council. Notably, because the ordnance text was reformatted and reorganized, a redlined version would not have been effective in identifying the substantive changes. Instead, the recommended amendments are incorporated into the revised ordinance are outlined below and will be presented during the City Council presentation:
• Make the ordinance simple and easy to understand
o Simplified and defined language
o Clarified penalty structure
o Reorganized sections on development (major vs. minor development) • Make the ordinance more consistent with surrounding communities o Change the definitions to preserve “protected” trees rather than “heritage” trees o Redefine heritage trees to be unique/special trees
o Remove the 35-foot height definition for protected trees o Protect tree sizes in line with surrounding cities
o Create penalties commensurate with those used by cities in the region • Provide more flexibility for removal in ordinance to accommodate unique situations due to fire concerns, the construction of accessory dwelling units, and where trees are damaging property with costly repairs
• Decrease staff time
o Simplify process
o Penalty structure requires less consulting arborist time o Less trees protected
• Prioritize protection for trees native to Pleasanton
• Clarify requirements related to replacement trees, including re-planting at a 1:1 ratio • Amend penalty structure to be more specific to each situation and/or context • Provide more flexibility to address climate change and meet the goals for the city’s urban forest as identified in the Urban Forest Master Plan.
While staff is now presenting the revised Tree Preservation Ordinance to the City Council, staff is also continuing to work with Dudek to finalize and present the Urban Forest Master Plan for City Council consideration in spring 2025.
EQUITY AND SUSTAINABILITY
The City's Climate Action Plan (CAP 2.0) requires climate-adapted plantings, the facilitation of tree planting throughout the city, and discourages tree removal. The proposed amendments to Chapter 17.16 of the Pleasanton Municipal Code achieve the CAP 2.0 goals by including climate change adaptation accommodations and remaining focused on protecting the health of the city's urban forest in a manner that isn’t as burdensome to the public.
OUTREACH
As part of the Urban Forst Master Plan process, staff spoke with residents involved in the tree removal application process, tree contractors, consulting arborists, and property owners to understand their challenges, and held one public meeting specifically related to the tree preservation ordinance changes with the City Council on March 5, 2024.
STRATEGIC PLAN ALIGNMENT
The amendment to the municipal code's tree preservation chapter helps to support multiple ONE Pleasanton strategic plan goals: The amendment provides more clarity regarding the process for obtaining a permit for tree removal and penalties and costs – which will provide a funding mechanism for tree-planting projects and will help maintain the fiscal sustainability of the forest and a more efficient use of staff time. The changes also allow greater investment in our environment's health and the required tree replacement will help to protect the City from extreme weather events and climate change. As importantly, the benefits of a well-managed urban forest will serve residents for generations to come.
FISCAL IMPACT
The fiscal impact from adoption of the proposed amended Tree Preservation chapter of the Pleasanton Municipal Code is yet to be fully determined but is expected to be limited.
Prepared by: Submitted by: Approved by:
Adam Nelkie, Assistant Dir.
of Public Works -
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Engineering
Attachments:
1. Tree Preservation Ordinance Comparison Matrix
2. Ordinance to Amend Municipal Code Ch 17.16 Tree Preservation
3. Tree Preservation Ordinance Powerpoint presentation
COA UNLAWFUL REMOVAL/PRUNING
City
Tree
Preservation
Ordinance?
Native or Historically
Significant Non-Native Approved Reason for
Removal* Permit Not Required Protected Exempt Replanting Requirement Removal/Pruning Penalty? Application or Appeal Fee
Pleasanton Y 37" 55" DDD, H, DEV, A, UI NON-HERITAGE NON-SPECIES SPECIFIC NONE 15 GAL MIN. (TYP. 1:1) $100 PER INCH of CIRCUMFERENCE
OR APPRAISED VALUE APPEAL FEE
Livermore Y >24"
>60" IN SFR | >24" IN
COMM./MULTI-
FAMILY/INDUSTRIAL | >18"
IN OPEN
SPACE/UNDERDEVELOPED
DDD, H, DEV, PROP, PN, PS, I,
EM, DH; FOR NATIVE TREES -
DDD, NA, U
DAMAGE BY SEVERE
ENVIRONMENTAL CONDITIONS,
PUBLIC UTILITY WORK, FIRE-
RELATED NECESSITY
NON-SPECIES
SPECIFIC NONE
15 GAL. MIN. (1:1) IN SINGLE
FAMILY, REPLANTING OF
NATIVE TO EXTENT POSSIBLE
IN ALL OTHER PROPERTY
TYPES
$5000/TREE OR APPRAISED VALUE APPLICATION FILING
FEE
Dublin Y >24" >24" DDD, H, DEV, PS, UI, A IMMEDIATE HAZARD
OAK, BAY, CYPRESS,
MAPLE, REDWOOD,
BUCKEYE, AND
SYCAMORE OF >24"
NONE
1 OR MORE TREES OF
DESIGNATED SPECIES, SIZE,
AND LOCATION AS
DETERMINED BY THE DIRECTOR
2X AMOUNT OF APPRAISED VALUE
INCLUDING COST OF APPRAISAL BY
ARBORIST. REPLACEMENT REQUIRED.
APPLICATION AND
APPEAL FEE
San Ramon Y
>18.8" NATIVE OAKS AND
TREES WITHIN 100' OF
PERENNIAL AND 50' OF
SEASONAL STREAMS |
>25.1" NON-EXEMPT NATIVE
TREES
>18.8" TREES WITHIN 100'
OF PERENNIAL AND 50' OF
SEASONAL STREAMS |
>25.1" ANY OTHER NON-
EXEMPT TREE, AND ANY
SIZE TREES REQUIRED AS
COA OR MITIGATION | ANY
SIZE
HERITAGE/SIGNIFICANT
GROVES
DDD, H, A, PS, PN, UI, AGE, TO
ACCOMMODATE AGRICULTURE
WITHIN CERTAIN ZONES
EXISTING TREE ON SFR IN
CERTAIN ZONES THAT CANNOT
BE FURTHER SUBDIVIDED
NON-SPECIES
SPECIFIC
FRUIT, WILLOW,
EUCALYPTUS,
ALDER,
COTTONWOOD, PINE,
REDWOOD, SIMILAR
ORNAMENTAL
AS DETERMINED BY DIRECTOR,
CALCULATED USING TABLE
CONSISTENT WITH CA GOVT CODE §
36900 (2022) - MISDEMEANOR &
ASSOCIATED FINES ($250 FOR 1ST
OFFENSE, $500 2ND OFFENSE, $1000
3RD OFFENSE, OR $1000 WHEN
COMMITTED KNOWINGLY)
NONE
Danville Y >31.4" PROTECTED** TREES
>113" TREES | ANY SIZE
MEMORIAL TREES | ANY
SIZE COA AND MITIGATION
REQUIRED TREES
DDD, H, PS, UI, DEV, PROP, A,
AGE OR SIZE TO PROMOTE
GROWTH OF OTHER PLANTS IN
AREA
N/A NON-SPECIES
SPECIFIC NONE
CUMULATIVE DIAMETER
NECESSARY TO EQUAL
DIAMETER OF TREE APPROVED
FOR REMOVAL
MISDEMEANOR, 3X AMOUNT OF
APPRAISED VALUE OF TREE NONE
Fremont Y >31.4" TREES AND
LANDMARK TREES
>56.4" ALL PROPERTY
TYPES | >18.8"
VACANT/UNDERDEVELOPE
D LOTS
DDD, AGE/LIFE EXPECTANCY,
DH, A, DEV, PS, UI, PROP
NON-LANDMARK OR CITY
REQUIRED TREE ON A
DEVELOPED LOT <10,000 SQFT
(R-1 OR SFR) WHEN BEHIND
FORWARD-MOST FACE OF
FRONT OF PRINCIPAL
BUILDING, CONTAINER TREES,
FRUIT OR NUT (EXCEPT BLACK
WALNUT OR OLIVE), TREE
DAMAGED DUE TO EMERGENCY
NON-SPECIES
SPECIFIC NONE
24" BOX MIN. (1:1) (EXCEPT
SINGLE FAMILY WHERE 15 GAL
MIN. REQ.) OR IN-LIEU FEE
EQUALING PER UNIT COST FOR
24" BOX
$250 FOR 1ST OFFENSE, $500 2ND
OFFENSE, $1000 3RD OFFENSE, OR
$1000 WHEN COMMITTED KNOWINGLY
IN ADDITION TO MITIGATION PLANTING
AND PAYMENT OF INVESTIGATION
COST
APPLICATION FEE
REQ. IF ARBORIST
REPORT REQ. OR IF
LANDMARK TREE,
NONE FOR APPEAL
Hayward Y >12.6"
>25.1" TREES | ANY SIZE
STREET AND MEMORIAL
TREES | ANY SIZE COA AND
MITIGATION REQ. TREES
DDD, H, UI, PROP, A, PS
(UNLESS REMEDIED BY
PRUNING), DAMAGE TO
HARDSCAPE, VIEW
INTERFERANCE IF NOT PRE-
EXISTING
TREE PLANTED BY
HOMEOWNER (SINGLE-
FAMILY), TREES LOCATED IN
REAR YARDS OF SINGLE-
FAMILY RESIDENCES
NON-SPECIES
SPECIFIC NONE
SIMILAR SIZE/TYPE OR EQUAL
VALUE DETERMINED BY CITY
LANDSCAPE ARCHITECT
(RETENTION OF CERTIFIED
ARBORIST TO SUPERVISE
MAINTENANCE/RELOCATION
AND TREE PROTECTION),
ROUTINE MAINTENANCE OF
PROTECTED TREES DURING
CONSTRUCTION REQ.
POSSIBLE MISDEMEANOR,
APPRAISED VALUE OF PROTECTED
TREE AND COST OF REPLACEMENT
TREE
APPLICATION
(INSPECTION) FEE
DETERMINED BY
CITY'S MASTER FEE
SCHEDULE
Walnut Creek Y >28" >28" DDD, PN, PS, UI, DAMAGE TO
HARDSCAPE, DH N/A NON-SPECIES
SPECIFIC
EUCALYPTUS
GLOBULUS, PINUS
RADIATA (UNLESS
HISTORIC VALUE,
HIGH VISIBILITY,
HIGH QUALITY
SPECIMEN OR
UNIQUE
CONTRIBUTION)
AS DETERMINED BY DIRECTOR
AT TIME OF APPROVAL
CRIMINAL PENALTY OF INFRACTION
OR MISDEMEANOR (FINE & JAIL
TIME), 3X APPRAISED VALUE OF
DAMAGE CAUSED OR $1000
(WHICHEVER GREATER),
*IF A TREE
DIES THROUGH FAULT OF
APPLICANT: $200 FOR EACH INCH OF
CIRC. OF "HIGHLY PROTECTED"
TREE'S STEM, $100 FOR EACH INCH
OF CIRC. OF ALL OTHER TREES
NONE
** Danville Protected Trees:
Quercus agrifolia, Quercus lobata, Quercus chrysolepis, Quercus douglasii, Quercus kelloggii, Quercus wislizeni, Alnus rhombifolia, Umbellularia californica, Aesculus californica, Platanus racemosa, Arbutus menziesii, Platanus acerifolia
COMPARISON MATRIX - LOCAL CITIES WITH TREE PRESERVATION ORDINANCE
MINIMUM CIRCUMFERENCE OF PROTECTED TREES CRITERIA SPECIES * Dangerous, Dead, Diseased (DDD), Hazardous Condition (H), for Development (DEV), Abundance (A), Use/Enjoyment of Property (PROP), Public Nuisance (PN), Proximity to Structures (PS), Invasive (I), Excessive Maintenance (EM), Disease Host (DH), Non-Ancestral (NA), No Unique Importance (U), Utilities Interferance (UI) ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING MUNICIPAL CODE CHAPTER 17.16 TREE PRESERVATION
WHEREAS, the City Council prioritized the preparation of the Urban Forest Master Plan (UFMP) and approved the project, CIP No. 22773, as part of the FY2021/22 Capital Improvement Program (CIP) budget; and
WHEREAS, the City Council requested amendments to municipal code Chapter 17.16 Tree Preservation to improve the process and clarify the language as part of the UFMP process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Finds that the proposed amendments to the Pleasanton Municipal Code are exempt from CEQA pursuant to Title 14 California Code of Regulations (CEQA Guidelines) §15061(b)(3).
SECTION 2 . Amends and replaces Pleasanton Municipal Code Chapter 17.16 Tree Preservation, as set forth in the attached Exhibit A.
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 December 3, 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
Dated: ______________________
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Exhibit A
Chapter 17.16 TREE PRESERVATION
• 17.16.003 Purpose and intent.
• 17.16.006 Definitions.
• 17.16.010 Permit—Required.
• 17.16.020 Permit—Procedure.
• 17.16.040 Appeals
• 17.16.045 Protected Tree Board of Appeals
• 17.16.050 New property development.
• 17.16.060 Emergency action.
• 17.16.065 Special Condition Permit
• 17.16.070 Protection of existing trees.
• 17.16.080 Pruning and maintenance.
• 17.16.090 Public utilities.
• 17.16.100 Insurance requirements.
• 17.16.110 Penalties.
• 17.16.120 Additional provisions.
17.16.003 Purpose and intent.
The City recognizes that preservation of trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourages quality development, maintains the ecology, moderates the effect of extreme temperatures, prevents the erosion of topsoil, helps create an identity and quality, which enhances the attractiveness of the city to visitors, and increases the oxygen output of the area which is needed to combat air pollution. For these reasons the city council finds that to promote the public health, safety and general welfare of the city while at the same time recognizing individual rights to develop and maintain private property in a manner which will not be prejudicial to the public interest, it is necessary to enact regulations prescribing the removal and preservation of trees within the city. The City also recognizes that under certain circumstances protected trees may be removed. Those circumstances generally include: where protected trees are dangerous; are dead or diseased; are so situated on undeveloped land that their preservation would preclude reasonable development; are so abundant their removal would not destroy the area’s natural beauty or ecology or cause erosion on the property. It is the intent of this chapter to preserve as many trees as possible throughout the city through staff review and the development review process.
17.16.006 Definitions.
For the purpose of this chapter, certain words and terms used in this chapter are defined as follows:
A. “Protected Tree” means a tree of any species or origin which meets any of the following:
For native species:
1. Any single-trunked tree with a minimum trunk circumference of 37 inches measured four and one-half feet above ground level (54 inches).
2. Any multi-trunked tree with a minimum circumference of 37 inches as measured below the split at the narrowest point below the main attachment or at the base if applicable.
3. The following tree species shall be considered native:
- Big Leaf Maple (Acer macrophyllum)
- Box Elder (Acer negundo)
- California Buckeye (Aesculus californica)
- California Sycamore (Platanus racemosa)
- Canyon Oak (Quercus chrysolepis)
- Coast Live Oak (Quercus agrifolia)
- Interior Live Oak (Quercus wislizenii)
- Blue Oak (Quercus douglassii)
- California Black Oak (Quercus kelloggii)
- Valley Oak (Quercus lobata)
- California Bay Laurel (Umbellularia californica)
- California Black Walnut (Juglans hindsii)
- Tan Oak (Notholithocarpus densiflorus)
For non-native species (any other species not listed in item A3):
1. Any single-trunked tree with a minimum trunk circumference of 55 inches measured four and one-half feet above ground level (54 inches).
2. Any multi-trunked tree with a minimum trunk circumference of 55 inches as measured below the split at the narrowest point below the main attachment or at the base if applicable.
B. “Applicant” means the owner of property who is submitting an application to remove a Protected Tree located upon said property. Only the property owner, or their authorized representative, may apply to remove a Protected Tree.
C. “Application” means the Application for Protected Tree Removal form.
D. “Approved Consulting Arborist” means a Consulting Arborist who is approved by the Director for having the minimum qualifications to provide arborist reports satisfactory to the City for planning and development purposes.
E. “Consulting Arborist” means an individual in the profession of arboriculture who has demonstrated their experience, education, and related training to the City that they possess the competence to provide an arborist report, risk assessment, tree survey and appraisal of tree values as well as supervise the care and maintenance of trees; and who is certified by the
International Society of Arboriculture and/or is a member of the American Society of Consulting Arborists.
F. “City” means the City of Pleasanton acting by and through its authorized representatives.
G. “Director” means the Director of the City department that oversees tree removals or the Director’s designee.
H. “Dripline” means the outermost circumference of the tree or trees’ canopy, from which water drips onto the ground. The 'dripline' is taken to include the area that lies within that circumference.
I.
“Effectively Remove” means actions that foreseeably lead to the death of a Protected Tree or permanent damage to its health. Effective removal actions include, but are not limited to:
a. Any extreme root or branch pruning that is not consistent with standard arboriculture practices for a healthy tree;
b. Removal of the bark around the circumference of the tree (girdling); c. Compaction of soil within the dripline;
d. Introduction of harmful chemicals;
e. Introduction of harmful foreign objects into tree or root system; f. Introduction of pests or disease;
g. Unauthorized relocation or transportation of a tree; and h. Trenching, excavating, altering the grade, or paving within the dripline.
J. “Emergency” means a sudden, serious, unexpected, and often dangerous situation requiring immediate action to prevent or mitigate loss or damage to life, property, or essential public services. An emergency tree situation typically includes, but is not limited to: a tree failure that is active and in progress, such as a broken but still attached branch; a partially uprooted tree; or a split fork or bifurcated main stem, that meets the “extreme” or “high” risk characteristics as defined by the International Society of Arboriculture.
K. “Heritage Tree” means a tree that is considered irreplaceable. It may be any tree found on public or private property that has special significance to the community due to its history, size (circumference and/or height), species, or unique quality.
The Landscape Architecture
Section shall be responsible for overseeing the Heritage Tree Program. A request for designation as a Heritage Tree must come from the owner of the property where the tree is growing, or if nominating someone else’s tree, must have the property owner’s written permission to nominate the tree. Trees which are on properties that come under development review, may be designated as Heritage Trees during the review process by either the property owner or the Director. Any pruning of Heritage Trees shall be done in consultation with the City’s arborist to ensure that the work performed on or around the tree will not endanger its health, structure, or life of the tree.
L. “Multi-trunk tree” means a tree having more than one major supporting stem or trunk growing from a single root mass located at ground level or just above the trunk flare, capable of naturally exceeding ten feet in height at maturity. Multi-trunk tree does not include suckering growth or subordinate root sprouts.
M. “Pruning” means the selective removal of plant parts to meet specific goals and objectives, including but not limited safety and risk reduction; clearance; growth control; and to enhance performance or function by developing and preserving tree structure and health or preserving or improving wildlife habitat.
N. “Topping” means the indiscriminate cutting of tree branches to stubs or lateral branches that are not large enough to assume the terminal role.
O. “Trunk” means the primary structural woody part of the tree beginning at and including the trunk flare and extending up into the crown from which scaffold branches grow.
17.16.010 Permit—Required.
A. No person shall remove, or Effectively Remove, any Protected Tree growing within the city without a permit except as provided in this chapter.
B. Normal maintenance and pruning of a Protected Tree shall not require a permit but shall in all cases be in conformance with the guidelines in Section 17.16.080. Pruning which, in the reasonable opinion of the Director, is not consistent with these guidelines shall be subject to penalties as provided in Section 17.16.110 of this chapter.
17.16.020 Permit—Procedure.
A. Except as provided in Section 17.16.050 of this chapter, any person desiring to remove a Protected Tree in the city shall submit an application to the Director on a form provided by the city. Said application shall contain the number, species, size and location of Protected Trees to be removed and a brief statement of the reason for removal as well as any other pertinent information. The permit, if granted, shall entitle the Applicant to remove only the Protected Tree(s) designated by permit.
B. When an Applicant submits an Application, the Applicant agrees to allow the Director to access the property to inspect the Protected Tree(s) and the surrounding area to make a determination on whether a permit to remove the tree shall be granted.
C. The Director may grant a permit to remove a Protected Tree if any of the following apply:
1. The tree is dead, dying, or diseased and good forestry practices cannot be reasonably undertaken to preserve it;
2. The tree is in such a dangerous or hazardous condition as to threaten or endanger the safety of people, structures, property, or other protected trees;
3. The tree has outgrown its planting space and is causing damage to utilities (e.g., water and sewer lines), structures or other significant improvements on the property (e.g., the foundation of a home, driveway, swimming pool, etc.), and no reasonable mitigation efforts can be taken to repair the damage and preserve the tree;
4. The tree must be removed in order to construct improvements to allow for the economic enjoyment of the property (e.g., expansion of the existing home, construction of an Accessory Dwelling Unit, installation of a pool, etc.) and, at the discretion of the Director, the tree is situated on a parcel such that its preservation would preclude reasonable development ;
5. After determining the number and quality of existing trees in the neighborhood or surrounding improved areas, removal of the tree would not negatively affect the goals and objectives of urban forest sustainability, canopy cover, public health, safety, general welfare of residents and upon the property values and beauty of the area; and
6. The tree is in a high or very high fire severity zone as identified by CalFire’s current Fire Hazard Severity Zone Map, poses an increased risk to life or property as determined by the Fire Marshal of the Livermore-Pleasanton Fire Department, and no reasonable mitigation efforts can be taken to mitigate the risk and preserve the tree.
D. The following shall not be considered as reasons for a Protected Tree to be removed:
1. A general dislike or fear of a particular species or variety of tree;
2. Tree debris, e.g., leaves, messy fruit, pods, seeds, etc.;
3. Tree pollen that causes allergies;
4. Nuisances created from non-lethal pests and diseases, e.g., aphids;
5. Surface root intrusion
6. Landscape renovations
E.
The Director shall notify the applicant in writing of the determination to approve or deny the Applicant’s request for a removal permit (and the basis for the denial if the application is denied).
F.
Upon determination by the Director, the Applicant shall plant climate-appropriate replacement tree(s) at a minimum of a 1:1 replacement ratio and 15-gallon size, and irrigate for the establishment of such tree(s) unless otherwise specified by the Director. The Director may also require that the replacement tree(s) is/are an approved recommended species by the City and shall determine the size of the tree(s) and the timeline for planting the tree(s).
17.16.040 Appeals
A. The Director’s decision to deny an application to remove a Protected Tree may be appealed only by the Applicant. Such appeal must be signed by the Applicant and submitted in writing to the City Clerk within 20 days of the date of the Director’s written decision and shall briefly state the basis for appeal and relevant facts supporting the appeal.
B. The cost of the appeal shall be the same as the cost to appeal a Planning Division decision as listed in the current City of Pleasanton Master Fee Schedule and shall be refunded if the appeal is successful.
C. Appeals shall be heard by the Protected Tree Board of Appeals.
D. The Director shall set a date for the hearing and shall mail notice of the hearing to the Applicant and all properties within 300 feet of the Applicant’s property. The Director shall submit a report to the Protected Tree Board of Appeals along with any recommendations.
17.16.045 Protected Tree Board of Appeals
A. The Protected Tree Board of Appeals (Board) shall consist of two planning commissioners, and one parks and recreation commissioner (which are appointed by their respective commissions to serve on the Board). Every year, the Board shall select a chairperson from among the three commissioners. The Director shall be an ex officio member of said Board and shall serve as secretary.
B. The Board shall:
1. Hold a hearing within 60 days after the city’s receipt of appeal (or later if agreed to by the Director and the Applicant) to hear information from any department of the city, the Applicant who filed the appeal, and any interested parties.
2. The Board shall consider all information presented and shall make a decision at the hearing (unless the hearing is continued) upholding, reversing, or modifying the Director’s decision, or by taking any action which is consistent with this Chapter. The decision of the Board on any such appeal shall be final and conclusive.
17.16.050 New property development.
A.
This section is intended to apply to major development such as land development for new housing or commercial projects, and modifications to existing commercial property. Any person desiring to remove one or more trees (including trees that are not Protected Trees) on any property in the city that is related to the development of such property requiring city approval or where any tree may be affected by a proposed development shall include in the application to the appropriate city reviewing body as part of the regular application, the following:
1. Depending on the scope of the development, the Director may require the Applicant to provide a tree survey plan that includes all trees that may be affected by the new
development. The survey, noting all trees 19 inches in circumference and greater, shall specify the precise location of trunk and dripline, size, health and species of all trees that will be affected by the new development on the property with a special notation of those classified as a Protected Tree;
2. Depending on the scope of the development, the Director may require the Applicant to provide an arborist report that includes all trees that may be affected by the new development by an Approved Consulting Arborist.
a. The arborist report, based on the findings of the tree survey plan and other necessary information, shall be used to determine the health of existing trees, the effects of the proposed development upon the trees, recommendations for any special precautions necessary for their preservation and shall also indicate which trees are proposed for removal.
b. The Director shall require that the arborist report include an appraisal of the condition and replacement value of all trees affected by the development. The appraisal of each tree shall recognize the location of the tree in the proposed development. The appraisal shall be performed in accordance with the current edition of the “Guide for Plant Appraisal” under the auspices of the International Society of Arboriculture. The appraisal shall be performed at the Applicant’s expense, and the appraiser shall be completed by an Approved Consulting Arborist.
c. The tree survey plan and arborist report shall be included in the plan submittal, at which stage the Director will comment on which trees are recommended for preservation using the same standards set forth in Section 17.16.020 of this chapter.
This report shall be made part of the plan set provided to the City reviewing body upon its consideration of the application for new property development;
3. The city reviewing body shall endeavor to preserve all trees recommended for preservation in the arborist report. The City reviewing body may determine that additional trees shall be preserved or that any of the trees recommended for preservation should be removed, if there is sufficient evidence in the report, or based on a site visit, that the preservation of the tree(s) would significantly preclude reasonable development of the property or effectively remove said tree(s);
a. If trees are approved for removal, mitigation may include, but is not limited to: (i) replacement planting with particular tree species, sizes, and numbers; (ii) payment towards the City’s urban forestry fund suitable for the appraised value of all trees removed from the site less the cost of installed trees, as reasonably determined by the Director.
4. Approval of final site or landscape plans by the appropriate city reviewing body indicating which trees are to be removed shall constitute the approval and permit for the purpose of this chapter.
B. Depending on the scope of the development, the Director may require that prior to acceptance of subdivision improvements or final inspection, the developer shall submit to the Director a final arborist report to be performed by an Approved Consulting Arborist. This report shall consider all trees that were to remain within the development. The report shall note the trees’ health in relation to the initially reported condition of the trees and shall note any changes in the trees’ identification number or physical conditions.
1. The Applicant will be responsible for the loss of any tree not previously approved for removal. For trees which were not previously approved for removal but were in fact removed during construction, the developer shall pay a penalty in the amount equal to the appraised value of the subject tree.
2. The property owner is responsible for the health and survival of the trees not approved for removal within the development for a period of one year following the final inspection.
The Director may make the developer responsible for survival of trees for a longer period should the trees show signs of decline or if impacts were observed during construction; and such extension period shall be in writing.
C. Prior to the issuance of any permit allowing construction to begin, the Applicant shall post cash, bond, or other security satisfactory to the Director, in the sum of of either $100 for each inch of circumference of the tree’s trunk (when measured 54 inches above grade) or the appraised value for each tree required to be preserved, whichever is greater, up to a maximum of $200,000. The cash, bond, or other security shall be retained for a period of one year following acceptance of the public improvements for the development or final inspection, as applicable, and shall be forfeited in an amount equal to the greater of either $100 per each inch of circumference of the tree’s trunk (when measured 54 inches above grade), or the appraised value of the tree as a civil penalty in the event that a tree or trees required to be preserved are removed or Effectively Removed. The Director may allow for an early release of all or a portion of such cash, bond, or other security in the Director’s reasonable discretion. The Director may require the retention of the security for an additional time period beyond one year should the trees show signs of decline or if impacts were observed during construction. Such a requirement would be set forth in writing.
D. An Applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified consulting arborist.
E. Any decision by a city reviewing body under this section may be appealed to City Council pursuant to Chapter 18.144.
17.16.060 Emergency action.
A person may remove a Protected Tree without a permit if there is an Emergency, as defined in section 17.16.006. In such event, the Director shall be notified at the earliest opportunity in order to confirm the Emergency. If the Director determines that the situation was not an emergency requiring immediate action, the person removing or damaging the Protected Tree may be subject to penalties set forth in Section 17.16.110 of this chapter.
17.16.070 Protection of existing trees.
For minor development (as described in section 17.16.020(C)(4)), permission to remove a Protected Tree shall be handled as part of the building permit process, and the applicant shall comply with the following conditions:
A. The current version of the City Standard Details and Specifications for tree protection.
B. Mitigation as described in section 17.16.020(F).
C. If the project requires an arborist’s report, the applicant must follow the recommendations for tree protection in the arborist’s report and, at the discretion of the Director, may be required to provide a tree bond and/or a payment towards the City’s urban forestry fund based on the appraised value of the trees removed from the site less the cost of installed trees.
D. Retain the services of an Approved Consulting Arborist for periodic monitoring of the project site and the health of those trees to be preserved. The Approved Consulting Arborist shall confirm tree protection measures are installed prior to construction and be present whenever activities occur which pose a potential threat to the health of the trees to be preserved (for example, when work occurs within the dripline of trees to be preserved).
E.
The Director shall be notified of any damage that occurs to a tree during construction so that appropriate measures may be administered.
17.16.080 Pruning and maintenance.
All pruning of Protected Trees shall be performed under the supervision of an International Society of Arboriculture (ISA) certified arborist, in accordance with pruning guidelines, established by the current versions of the ISA Best Management Practices, Tree Pruning and American National Standards Institute (ANSI) A300 - Part 1 Tree, Shrub and Other Woody Plant Management Standard Practices, Pruning, and any special conditions as determined by the Director.
17.16.090 Public utilities.
A. Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a Protected Tree shall notify the City and obtain an encroachment permit before performing any work, including pruning, which may cause injury to the Protected Tree.
B. The Director shall inspect said pruning work to ensure that appropriate pruning practices are followed. The public utility shall follow pruning practices conforming to the International Society of Arboriculture pruning standards to promote the well-being of the tree. Topping shall not be permitted unless specifically approved by the Director. The Director shall stop any tree pruning performed by a utility if said practices are not being followed.
17.16.100 Insurance requirements.
Any person engaged in the business of pruning a Protected Tree within the city shall be licensed with the California Contractors State License Board (CSLB) and shall carry insurance as required by the CSLB.
17.16.110 Penalties.
A. Any person who unlawfully removes or Effectively Removes a Protected Tree in violation of this chapter shall pay a civil penalty of $100 for each inch of circumference of the tree’s trunk when measured 54 inches above grade (or measured at the height of the remaining trunk if less than 54 inches), or the appraised value of the tree, whichever is greater. The appraised value of the tree(s) shall be determined by the Director in accordance with the “Guide for Plant Appraisal” pursuant to the Council of Tree and Landscape Appraisers (CTLA). If there is no measurable part of the tree remaining, resources such as photographs, past plans, or Google Earth Streetview may be used to determine tree species and approximate size. If such resources are unavailable or the evaluator is not able to determine tree species and approximate size, then a minimum fine of $5,000, or other amount as determined by the Director, will be charged.
B.
If there are mitigating factors or other circumstances that may warrant reducing the penalties set forth above, the Director shall have the discretion to reduce the penalty to a lesser amount on a case-by-case basis.
C. The property owner who hired such person to prune or remove a Protected Tree shall be responsible for payment of the penalty unless otherwise determined by the Director. The collection of penalties may be enforced through the use of a collection agency or by civil action brought by the City.
D.
The penalty imposed by the Director, may be appealed by the person subject to such penalty by submitting a written appeal to the City Clerk within 20 days of the date of the imposition of such penalty, and shall state the facts and grounds for the appeal and be signed by the appellant. Such appeal will be heard by the Protected Tree Board of Appeals as provided in Section 17.16.045.
E.
The Director may consider the cost of replacement tree(s) as partial payment of any penalty under this chapter.
F. The failure of a person to plant a replacement tree(s) within one year, or water and care for such replacement tree(s) until establishment, shall be subject to penalties for the value of the original tree(s) removed, as provided in Subsection A, above, as reasonably determined by the Director.
G. In addition to the penalties set forth above, where a Protected Tree has been unlawfully removed or Effectively Removed, the Director may suspend permit processing, issue a stop work notice, or revoke permits for construction (where construction has not begun.)
17.16.120 Additional provisions.
The provisions of this chapter shall supplement but not supplant other provisions of this code relating to the preservation of trees.
Tree Preservation Ordinance
City Council Meeting
December 3, 2024
Tree Preservation Ordinance
March 5 City Council meeting input
• Review the applicability and ef fectiveness of the ordinance • Provide more flexibility for tr ee removal due to conflicts/damage • Modify the ordinance to meet the needs of the community/homeowners • Review fees and penalties
• Consider exemptions for certain trees
Tree Preservation Ordinance
March 5 City Council meeting takeaway
• Sensible – Based on resident experiences and needs
• Defensible – Based on State law
• Comparable – Based on other regional cities
• Beneficial – Based on impact to health of urban forest Tree Preservation Ordinance
Make the ordinance simple and easy to understand
• Simplified and defined language
• Clarified penalty/fee structure
• Reorganized sections to differentiate
major and minor development
Draft Tree Preservation Ordinance
• Changed definition to preserve
“protected” vs. “heritage” trees
• Redefined heritage trees to be
unique/special trees
• Removed height delineation
• Modified protected tree sizes
• Penalties commensurate with
penalties from cities in region
Make ordinance consistent with surrounding communities
Draft Tree Preservation Ordinance
Provide more flexibility to accommodate needs
• Permit categories for high fire risk, A DUs, damage to utilities or structures
Draft Tree Preservation Ordinance
Streamline tree removal process and reduce costs
associated with ADU development
• Tree reports and fees remov ed (for limited tree removal) • Replaced with reasonable replanting requirement for ADU development
Draft Tree Preservation Ordinance
Decrease city staff costs/time
• Simplified process
• Penalty structure requires less
consulting arborist time
• Less trees protected
Draft Tree Preservation Ordinance
Prioritize protection for trees native to Pleasanton
• Created a special classification for protected trees native to Pleasanton Acer macrophyllum Acer negundo Aesculus californica Platanus racemosa Quercus agrifolia Quercus chr ysolepis Quercus douglasii Quercus kelloggii Quercus lobata Quercus wislizenii Umbellularia Juglans hinds ii Notholithocarpus californica densiflorus
Draft Tree Preservation Ordinance
Require tree replacement at a minimum of a 1:1 ratio
• Clearly defined re-planting requirements
Draft Tree Preservation Ordinance
Penalties more specific to each situation
• Penalty structure amended
Provide flexibility to meet UFMP goals
Next Steps
December 2024
• December 17 – 2nd reading of the ordinance and adoption January 2025
• January 16 – Updated Tree Preservation Ordinance into effect • Staff to present draft UFMP to PRC and EEC
February/March
• Staff to present draft UFMP to Council
April/May
• City Council to adopt UFMP
Tree Preservation Ordinance
City Council Meeting
December 3, 2024
Recommendation
Introduce an ordinance amending and replacing Chapter
17.16 of the Municipal Code regarding tree preservation