CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, April 15, 2025
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.The meeting will be held in-person, broadcast live on Channel 29 and streamed live for viewing at the following links TV30 https://www.tri-valleytv.org, the City's website in the Meetings portal (a red dot will indicate a live meeting) https://www.cityofpleasantonca.gov/, and the City's YouTube channel: 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
• Welcome and Pledge of Allegiance - Cm. Nibert
• Roll Call
Resolution No. 2025-013
Ordinance No. 2293
AGENDA AMENDMENTS
CONSENT CALENDAR
Items listed on the consent calendar are considered routine in nature and may be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
City Manager
1. Approve meeting minutes of February 20, 2025 and March 4, 2025 Community Development
2. Actions of the Zoning Administrator and Planning Commission
3. Adopt a resolution to approve the Altamont Settlement Agreement Education
City Council Agenda Page 2 of 3 April 15, 2025
Advisory Board's $628,665 Expenditure Plan for Fiscal Year 2025/2026 Finance
4. Accept the monthly disbursement and investment report for February 2025 Fire
5. Public Hearing: Receive any protests and adopt a resolution to approve the 2025 Weed Abatement Program and authorize the abatement of weeds, rubbish, dirt, or refuse upon or in front of certain described properties within the City of Pleasanton
6. Introduce an ordinance designating Fire Hazard Severity Zones Police
7. Approve Annual Street Closures for 2025
Public Works
8. Adopt a resolution to approve and authorize the City Manager to execute an agreement for post-collection of recyclable materials processing and diversion services between the City of Pleasanton and Greenwaste Recovery, LLC
9. Award a construction contract to DPI, Inc. in the amount of $1,048,777 for the Puri Court Storm Drain Improvements Project, CIP No. 25415, authorize the City Manager, or designee, to approve and execute contract change orders for a project contingency amount not to exceed $157,317
10. Approve second amendment to the professional service agreement with HF&H Consultants, LLC for solid waste system technical assistance services to increase amount of the agreement by $125,000 for a total amount not to exceed $325,000
11. Approve a second amendment to the agreement with Got Power, Inc. to increase the annual not-to-exceed amount by an additional $50,000 per fiscal year with the annual compensation not to exceed $350,000 for Fiscal Year 2024/25 and all subsequent fiscal years for the remainder of this agreement, bringing the total compensation to $1,050,000 for the three-year term
MEETING OPEN TO THE PUBLIC
12. Presentation of a Proclamation recognizing April 6-12, 2025 as National Crime Victim's Rights Week
13. Presentation of a Proclamation recognizing April 2025 as Fair Housing Month
14. Presentation of a Proclamation recognizing April 2025 as Arts, Culture, and Creativity Month
City Council Agenda Page 3 of 3 April 15, 2025
15. Public Comment regarding items not listed on the agenda – Speakers are limited to 3 minutes.
PUBLIC HEARINGS AND OTHER MATTERS
If necessary to ensure completion of the following items, the Mayor may alter time limits.
16. Review of the Zoning Administrator's approval of a Sign Design Review Application (P24-0731) to install new monument, wall, canopy, and pump signage as part of a rebranding for the Gulf gas station located at 4212 First Street
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 translation or interpretation assistance, please provide at least two working days’ notice prior to the meeting date.
City Council Minutes Page 1 of 1 February 20, 2025
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Thursday, February 20, 2025
3:00 PM
CALL TO ORDER
Mayor Balch called the Special Meeting - Workshop of the City Council to order at the hour
of 3:00 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch
Absent: None.
1. Public Comment - Speakers are limited to 3 minutes and to only those items listed on the agenda.
Mayor Balch opened public comment. The following individuals provided comment:
Douglas Lynch.
Mayor Balch closed the public comment.
WORKSHOP
2. Accept the report on independent financial assessment commissioned by the City Council
Recommendation: Accept the report on independent financial assessment commissioned by the City Council.
Presentation by Eide Bailly consultants Dr. Bradford Rockabrand and Scott Catlett.
3. Receive presentation on fiscal years 2025/26 and 2026/27 General Fund baseline budget and preliminary ten-year financial forecast
Item continued to a future date to be determined.
ADJOURNMENT
Mayor Balch adjourned the meeting at 4:39 p.m.
______________________
Jocelyn Kwong, City Clerk
Item #1
City Council Minutes Page 1 of 1 March 4, 2025
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, March 4, 2025
4:00 PM
CALL TO ORDER
• Roll Call
Mayor Balch called the Special Meeting Closed Session of the City Council to order at the hour of 4:02 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch
Absent: None.
PUBLIC COMMENT
Mayor Balch opened public comment. There being no speakers, Mayor Balch closed the public comment.
ADJOURN TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2)(d) of Government Code 54956.9: One potential case: See November 27, 2023 letter from Thomas B. Mayhew and Charles J. Higley
ADJOURNMENT
Mayor Balch adjourned the meeting at 5:02 p.m.
______________________
Jocelyn Kwong, City Clerk
City Council Minutes Page 1 of 1 March 4, 2025
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, March 4, 2025
5:00 PM
CALL TO ORDER
• Roll Call
Mayor Balch called the Special Meeting of the City Council to order at the hour of 5:05 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch
Absent: None.
1. Public Comment
Mayor Balch opened public comment. There being no speakers, Mayor Balch closed the public comment.
WORKSHOP
2. Accept the Water Enterprise financial analysis and approve the Enhance scenario Recommendation: Accept the Water Enterprise Financial Analysis and approve the Enhance scenario.
Presentation by Ryan Smith, and consultants Sanjay Gaur and Nancy Phan (Water Resource Economics).
The City Council provided feedback with unanimous support of the Enhance
scenario.
ADJOURNMENT
Mayor Balch adjourned the meeting at 6:30 p.m.
______________________
Jocelyn Kwong, City Clerk
City Council Minutes Page 1 of 5 March 4, 2025
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, March 4, 2025
7:00 PM
CALL TO ORDER
Mayor Balch called the Regular Meeting of the City Council to order at the hour of 7:00 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch
Absent: None.
AGENDA AMENDMENTS
Councilmember Testa removed item 3 from the Consent Calendar for further discussion.
REPORT ON CLOSED SESSION
City Attorney Sodergren stated there was no reportable action.
CONSENT CALENDAR
Mayor Balch opened public comment. There being no speakers, Mayor Balch closed the public comment.
MOTION: It was m/s by Nibert/Gaidos to approve the consent calendar as recommended with the exception of item 3. Motion passed by the following vote:
Ayes: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch Noes: None
Absent: None
City Attorney
1. Introduce an ordinance adding Section 1.04.020 to Chapter 1.04 of the Pleasanton Municipal Code establishing an administrative remedies procedure for challenges to fees, charges, and assessments
Recommendation: Introduce an ordinance adding Section 1.04.020 to Chapter 1.04 of the Pleasanton Municipal Code establishing an administrative remedies procedure for challenges to fees, charges, and assessments.
City Council Minutes Page 2 of 5 March 4, 2025
City Manager
2. Approve meeting minutes of January 29, 2025
Recomme
ndation: Approve meeting minutes of January 29, 2025.
Community Development
Item 3 was pulled for further discussion.
Fire
4. Public Hearing: Adopt a resolution declaring that weeds, dirt, rubbish, and refuse upon
or in front of specific described properties within the city constitute public nuisances and that they be abated, and set a public hearing for April 15, 2025, regarding the abatement
Recommendation: Adopt a resolution declaring that weeds, dirt, rubbish, and refuse upon or in front of specific described properties within the city constitute public nuisances and that they be abated. Set a public hearing for April 15, 2025, regarding the abatement of these nuisances and order the abatement thereof by May 31, 2025.
Public Works
5. Approve the purchase of a Vac-Con Truck and Caterpillar Mini Excavator and authorize the City Manager to execute a purchase order with Vac-Con, Inc. in the amount of $800,750 and a purchase order with Petersen Cat in the amount of $171,803 inclusive of a 15 percent contingency to be paid for by the Sewer Enterprise Fund
Recommendation: Authorize the City Manager to:
• Execute a purchase order with Vac-Con, Inc. (via Municipal Maintenance Equipment) for the purchase of a Vac-Con VTAQD312HE/1500 Titan truck in the not-to-exceed amount of $800,750; and
• Execute a purchase order with Peterson CAT for the purchase of a Caterpillar Model 306 Compact Excavator in the amount of $149,394, plus a 15 percent contingency ($22,409), for a not-to-exceed amount of $171,803.
6. Award a construction contract to Villalobos & Associates, Inc. in the amount of $485,624 for the Annual Curb and Gutter for Street Resurfacing Project, CIP No. 25509, and approve budget amendments in the Gas Tax Fund Recommendation:
City Council Minutes Page 3 of 5 March 4, 2025
MEETING OPEN TO THE PUBLIC
7. Public Comment regarding items not listed on the agenda Mayor Balch opened public comment. The following individuals provided comment:
Matt Stephanson, Debbie Wallace, Matthew Gray, Moez M., Doug Miller, Advaith Krishnakumar, Erwin Ricafrente, David Ott, Linda Garbarino, Chong Wang, Joanne Hall.
Mayor Balch closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
1. Award a construction contract for Annual Curb and Gutter for Street Resurfacing Project, CIP No. 25509 to Villalobos & Associates, Inc. of Campbell, CA, for the low bid amount of $485,624.
2. Authorize the City Manager to enter into the construction contract with Villalobos & Associates, Inc.
3. Authorize the Director of Public Works to approve and execute contract change orders for a project contingency amount not to exceed $73,000 (approximately 15 percent of the contract).
4. Approve budget amendments in the Gas Tax Fund (Fund 160), transferring $59,322 from the Annual Sidewalk and Intersection Ramp Installations (ADA), (CIP No. 25505), to the Annual Curb and Gutter for Street Resurfacing Project, (CIP No. 25509).
8. Receive report and presentation on City’s CalPERS and Other Post-Employment Benefits (OPEB) Funding Actuarial Analysis and provide feedback to staff Recommendation: Receive report and presentation on the City’s CalPERS and the Other Post-Employment Benefits (OPEB) retirement plans and provide feedback to staff.
Presentation by Doug Pryor (Foster & Foster).
Mayor Balch opened public comment. The following individuals provided comment:
Kathy Narum, Doug Miller.
Mayor Balch
closed the public comment.
The City Council provided direction as follows:
1. CalPERS: Base the Supplemental Trust withdrawal on the Scenario 1
City Council Minutes Page 4 of 5 March 4, 2025
Recommendation: Actions of the Zoning Administrator and Planning Commission Mayor Balch opened public comment. There being no speakers, Mayor Balch closed the public comment.
Councilmember Testa requested that the application P24-0732 at 4212 First Street be brought for City Council review at a future meeting date.
MOTION: It was m/s by Testa/Eicher to approve the items on the report except for the application P24-0732 that will be scheduled for City Council review at a future meeting.
Motion passed by the following vote:
Ayes: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
With majority consensus, Councilmember Testa requested discussion at a future meeting
for the City Council to consider whether the City should host the Commission Recognition event planned for April 2025.
approach (assumes CalPERS will achieve their 6.8% long-term investment return), transferring approximately $2 million from the Supplemental Trust to CalPERS in 2025/26 and revisiting plan funding in the next one to two years.
2. OPEB: Continue with full Actuarial Determined Contribution funding.
Mayor Balch called a recess at 9:03 p.m. and reconvened the meeting at 9:14 p.m.
9. Continued from February 20, 2025 - Receive presentation on fiscal years 2025/26 and 2026/27 General Fund baseline budget and preliminary ten-year financial forecast
Recommendation: Receive a presentation providing an overview of the Fiscal Years 2025/26 and 2026/27 General Fund Baseline Budget and Preliminary Ten- Year Financial Forecast.
Presentation by Susan Hsieh, Finance Director.
Mayor Balch opened public comment. There being no speakers, Mayor Balch closed the public comment.
3. Actions of the Zoning Administrator and Planning Commission
City Council Minutes Page 5 of 5 March 4, 2025
COUNCIL REPORTS
The City Council reported on regional and local meetings attended.
ADJOURNMENT
Mayor Balch adjourned the meeting at 10:35 p.m.
______________________
Jocelyn Kwong, City Clerk
Item #2
CITY COUNCIL AGENDA REPORT
April 15, 2025
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING
COMMISSION
P25-0071, Adam Jenkins / Proficient Landscape Inc
Application for Administrative Design Review approval to construct a detached, approximately 576-square-foot cabana with an approximate height of 12-feet at 3553 Milleford Court.
Approved. (25 days)
P25-0003, Hongyun Xu
Application to establish a Cottage Food Operation (Bliss Bakery) to prepare baked goods with direct sales to customers at 3027 Camino Del Cino.
Approved. (13 days)
P23-0088, Michael Murphy / Ware Malcomb
Application for Design Review procedure to install a connecting trail segment along the eastern edge of a property located at 4747 Willow Road.
Approved. (7 days)
P25-0139, Amy and Frank Jones
Application for Administrative Design Review approval to construct an approximately 660-square-foot one-story addition to the right side of the existing residence located at 6101 Homer Court.
Project Information:
Existing floor area: 1,555 square feet
Total floor area with addition: 2,215 square feet
Lot size: 8,445 square feet
Existing floor area ratio: 18.41
Total floor area ratio with addition: 26.22 percent
Approved. (12 days)
P25-0140, Ira Jain
Application for Administrative Design Review approval to construct the following: 1) an approximately 534-square-foot one-story addition; 2) an attached covered porch in the
rear; and 3) an increase of building height from the existing approximately 16 square feet to the proposed 20 feet located at 4776 Black Avenue.
Project Information:
Existing floor area: 1,818 square feet
Total floor area with addition: 2,352 square feet
Lot size: 7,194 square feet
Existing floor area ratio: 25.27
Total floor area ratio with addition: 32.69 percent
Approved. (12 days)
P25-0005 & P25-0006, Tho Nguyen
Applications for Design and Sign Design Review approval to repaint the building and install new signage at 5280 Hopyard Road.
Approved. (14 days)
P25-0088, Trang Dunlap
Application for Administrative Design Review approval to construct an approximately 152-square-foot addition to an existing single-family residence located at 4306 First Street.
Project Information:
Existing floor area: 1,259 square feet
Total floor area with addition: 1,411 square feet
Lot size: 7,800 square feet
Existing floor area ratio: 16.14
Total floor area ratio with addition: 18.09 percent
Approved. (20 days)
P25-0089, Anil Kumar Gopalapura Venkatesh
Application for Administrative Design Review approval to construct approximately 1,235 square feet of one-story and two-story additions to an existing single-family residence located at 4014 Schween Court.
Project Information:
Existing floor area: 2,098 square feet
Total floor area with addition: 3,333 square feet
Lot size: 9,056 square feet
Existing floor area ratio: 23.17 percent
Total floor area ratio with addition: 36.8 percent
Approved. (22 days)
P25-0141, Minesh Patel
Application for Administrative Design Review to construct a pergola with a maximum height of approximately 11' located at 1045 Rutledge Place.
Approved. (16 days)
P25-0121, Chris Louie
Application for Administrative Design Review approval to construct an approximately 170-square-foot single-story addition to an existing single-family residence located at 3310 Sorrel Downs Court.
Project Information:
Existing floor area: 3,323 square feet
Total floor area with addition: 3,493 square feet
Lot size: 11,623 square feet
Existing floor area ratio: 28.59 percent
Total floor area ratio with addition: 30.05 percent
Planning Commission, March 26, 2025
Commissioners Present: Anurag Jain, Brandon Pace, Stephanie Wedge, and Chair Ken Morgan
Commissioners Absent: Vivek Mohan
P24-0596, Pleasanton Unified School District, 0 Vineyard Avenue Application for Vesting Tentative Map 8724, a 27-lot subdivision, an approximately 3- acre park lot with bioretention areas, and a lot for the internal streets.
Action Recommended: Adopt Resolution No. PC-2025-06 approving the application.
Action Taken: Adopted Resolution No. PC-2025-06, as recommended.
Vote: 4-0
Prepared by: Submitted by: Approved by:
Melinda Denis
Zoning Administrator
Ellen Clark
Director of Community
Development
Gerry Beaudin
City Manager
Item #3
CITY COUNCIL AGENDA REPORT
April 15, 2025
Community Development
TITLE: ADOPT A RESOLUTION TO APPROVE THE ALTAMONT SETTLEMENT AGREEMENT EDUCATION ADVISORY BOARD'S $628,665 EXPENDITURE PLAN FOR FISCAL YEAR 2025/2026
SUMMARY
The Altamont Settlement Agreement Education Advisory Board (EAB) annually prepares an Expenditure Plan for consideration by the authorizing entities. The proposed Expenditure Plan for Fiscal Year 2025/2026 has been submitted for approval by the City Council. In accordance with the Altamont Settlement Agreement, concurrence by the Northern California Recycling Association (NCRA), the Cities of Pleasanton and Livermore, and the Alameda County Board of Supervisors is necessary to fund any proposed allocation from the Education Account. The Expenditure Plan outlines the Board’s proposed funding allocations for recycling and education program grants. The EAB is requesting the Pleasanton City Council approve the Expenditure Plan for the upcoming fiscal year.
RECOMMENDATION
Adopt a resolution to approve the Altamont Settlement Agreement Education Advisory Board's $628,665 Expenditure Plan for Fiscal Year 2025/2026.
BACKGROUND
As part of the settlement of litigation over the expansion of the Altamont Landfill, the parties to the litigation agreement (Alameda County, Waste Management of Alameda County, the Cities of Livermore and Pleasanton, and various environmental groups) agreed that the County would impose a surcharge on incoming waste at the Altamont Landfill and Resource Recovery Facility and Vasco Road Landfill. Each January, the fee is reviewed in relation to the Consumer Price Index (CPI) for the most recent 12-month period and may be increased as appropriate. The portion of the fee that funds the Education Account is $0.47 per ton originating from the Altamont Landfill, and $0.46 per ton originating from the Vasco Road Landfill, which generates approximately $600,000 annually.
The Altamont Settlement Agreement EAB meets approximately monthly. The EAB consists of five voting members, including two members from the Northern California Recycling Association, one member from the City of Pleasanton (seat currently vacant), one member from the City of Livermore, and one member from the Alameda County Recycling Board. The Pleasanton representative Board seat is currently vacant, and a board member is being sought.
The EAB can propose the allocation of funds in the Education Account to support diversion education programs, job training in the field of waste diversion and recycling, and to mitigate the impacts of the Altamont Landfill on the affected neighboring community.
DISCUSSION
The Altamont Settlement Agreement requires the EAB to submit a proposed allocation of funds on an annual basis by April 1. In accordance with the Altamont Settlement Agreement, concurrence by the NCRA, the Cities of Pleasanton and Livermore, and Alameda County is necessary to fund any proposed allocation from the Education Account.
On January 27, 2025, the EAB unanimously approved the proposed 2025/2026 Expenditure Plan (see Exhibit A of Attachment 1). The Expenditure Plan outlines a process for funding mini-grants, annual competitive grants, multi-year grants, Alameda Landowners Against Mismanagement (ALARM) mitigation grants, and Board-initiated projects, setting funding goals for each grant category. For Fiscal Year 2025/2026, the EAB is proposing the following schedule for disbursement of funds, totaling $628,665:
• $286,000 in project grants
• $135,000 in mini-grants
• $110,040 in multi-year grants
• $50,000 in EAB-initiated projects
• $12,625 for financial management and administrative support (City of Livermore) • $30,000 for staff support
• $5,000 for EAB communications, website
• $0 for landfill mitigation projects (ALARM – fund has reached maximum amount of $100,000).
Additional grants may be awarded from unexpended funds allocated for previous fiscal years held in stewardship by the City of Livermore. The current unexpended fund balance is approximately $25,000.
Each year the EAB provides an Annual Report to the authorizing entities detailing the programs that were funded the previous year and the related success rates of each funded program. The 2024 Annual Report can be found in Attachment 2. Grants awarded in 2024 included a $5,000 grant to the Canyon Meadows HOA in Pleasanton to support its composting and recycling expansion, a $3,000 grant to Tri-Valley Haven's Food Pantry Grocery Rescue Program to help fund a driver to pick up recovered food from local grocery stores, and a $40,000 grant to the Pleasanton-based Go Green Initiative for its continued work with the Hayward Unified School District to prevent and reduce waste in schools.
Pleasanton has encouraged the EAB to seek out ways of expanding outreach and education of this grant program, to increase community knowledge and opportunity for distribution of grant funds within the county. City staff involved in efforts related to waste reduction and recycling have been made aware of the EAB grant program so they may review opportunities and potentially seek grant funds for City-related efforts in the future, as well as share information on the availability of the grant program to interested community groups, nonprofits, educational institutions, and other parties within the city that may benefit from this available funding. The annual grant application period typically runs from January to March. Information on the EAB and its grant program is available at http://www.altamonteab.org/.
EQUITY AND SUSTAINABILITY
This item aligns with the City's equity and sustainability goals by supporting environmentally beneficial efforts throughout the county to improve waste diversion and recycling with a substantial portion of the funds allocated to school districts and non-profits in disadvantaged communities throughout Alameda County.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
This action is aligned with the City's ONE Pleasanton Strategic Plan goal of Investing in Our Environment, which includes a focus on environmental stewardship.
FISCAL IMPACT
There is no financial impact to the City associated with this action. The funding source for the EAB grant recipients is the Altamont Settlement Agreement Education Account. Alameda County will release the funds following approval from NCRA, the Cities of Pleasanton and Livermore, and the Alameda County Board of Supervisors. The 2025/2026 Expenditure Plan proposes allocating $628,665 for EAB grants and administration.
Prepared by: Submitted by: Approved by:
Jennifer Miller, Management
Analyst
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Resolution with Exhibit A (2025-2026 Expenditure Plan)
2. 2024 Annual Report
ATTACHMENT 1
RESOLUTION NO.
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON,
APPROVING THE ALTAMONT SETTLEMENT AGREEMENT EDUCATION
ADVISORY BOARD EXPENDITURE PLAN FOR FISCAL YEAR 2025/2026 W
HEREAS, as part of the Altamont Landfill Settlement Agreement, the Altamont Education Advisory Board was created; and
W
HEREAS, the Advisory Board is charged with the responsibility to annually propose an allocation of funds from the Education Account, to fund education programs; and W
HEREAS, the funds allocated in the Education Account are generated from the $0.47 p er ton (Altamont Landfill) and $0.46 per ton (Vasco Road Landfill) surcharge which amount to approximately $600,000 annually; and
W
HEREAS, the funds allocated to the Education Account are dedicated to support diversion education programs, job training in the field of waste diversion and recycling, and mitigation programs to reduce the impacts of the landfill operations on the affected neighboring community; and
W
HEREAS, the 2025/ 2026 Expenditure Plan proposes to achieve the stated goals through creation of mini-grant programs and project grants; and W
HEREAS, in accordance with the Altamont Settlement Agreement, concurrence by the Northern California Recycling Association, the C ities of Pleasanton and Livermore, and the Alameda County Board of Supervisors is necessary to fund any proposed allocation from the Education Account.
NO
W, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
S
ECTION 1: City Council authorizes the Altamont Settlement Agreement Education Advisory Board Expenditure Plan for Fiscal Year 2025/2026, as set forth in Exhibit A , a copy of which is attached hereto and incorporated herein by this reference.
SECTION 2: City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.
PA
SSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 15, 2025.
I, J
ocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 15th day of April, 2025, by the following vote:
A
yes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
D
ated:________________________
APPR
OVED AS TO FORM:
_______________________
_____
Daniel G. Sodergren, City Attorney
Altamont Settlement Agreement
Education Advisory Board
2025/2026 Expenditure Plan
December 2, 2024
ATTACHMENT 1 Page 1
Plan Summary
The Altamont Landfill Settlement Agreement created the
Altamont Education Advisory Board to propose allocation of funds in the Education Account for diversion education
programs, job training in the field of waste diversion and recycling and mitigating the impacts of the landfill operations on the affected neighboring community. Funds generated from the approximate $0.47 per ton surcharge originating from the Altamont Landfill and approximate $0.46 originating from the Vasco Road Landfill, which are expected to amount to
approximately $600,000 annually. This per ton surcharge fee will be increased based on the consumer price index effective January 1, 2025.
The Need
The Altamont Landfill and Vasco Road Landfill accept
material for disposal from Alameda County jurisdictions, and from the city of San Ramon. Funding programs in diversion education and job training in waste diversion and recycling throughout the landfill service area will preserve the life of the landfill and save resources.
Target Sectors
• Environmental education programs that serve schools
• Non-formal environmental education programs,
serving students K-12
• Community-based environmental education programs
• Job training programs in the field of waste diversion and recycling
• Support to institutions and communities required t
o
co
nform to new state laws, such as SB 1383
Funding Goals
• Allocate $500,000 per year for education and job
t
raining programs in waste prevention, source
reduction, reuse, recycling, composting, and
pr
ocurement of recycled content products.
• Report measurable results to the Northern California
Recycling Association (NCRA), Alameda County
B
oard of Supervisors and cities of Livermore and
P
leasanton on an annual basis.
• Provide up to two cents ($0.02) of every forty-five
cents ($0.45) of the Education Account to Alameda
Landowners Against Mismanagement (ALARM) for
landfill mitigation projects (pursuant to Settlement
A
greement sec. 7.3.3)
• The EAB would like to recognize the City of
Livermore for its efforts to share in the cost in support of the mission of the EAB by agreeing to provide
fiscal and administrative support consistent with
Section 7.6.2 of the Settlement Agreement, which is i
n
t
he public interest and allows for up to 2% of the
annual receipts to be spent on administrative costs.
Objectives
Grants and projects:
Mini-grants – The mini-grant program awards up to $5,000 to
all eligible projects that meet award criteria up to the funding allocation amount. In 2024-25, mini-grants
supported environmental science programs and school
recycling and composting infrastructure projects.
Project grants – The annual grant program would award competitive grants up to $50,000 for projects that would m
ake significant contributions to the development of
sustainable diversion education programs and job training i
n waste prevention and recycling. Types of projects could i
nclude: curriculum development, district-wide diversion e
ducation programs, job training programs, and
c
ommunity-based programs.
Multiple year grants – Allow applicants for the annual grant program, to propose multiple year grants for up to t
hree years of on-going support.
Board initiated projects – Board initiated projects include projects for which a separate solicitation will need to be performed or special projects to be developed by the Boar d
t
hat fulfill a special niche or program area not addressed by the grants program. Types of projects could include job t
raining partnerships, outreach programs, video and
website development, and joint projects with other
agencies.
Deliverables and Major Milestones
2025-26 Continue to develop job-training partnerships with education institutions, state and community colleges.
1/
2025 Initiate development of 2025-26 expenditure plan.
1/2
025 Release Request for Grant Applications.
3/2025 Annual expenditure plan to NCRA, Board of
Supervisors and cities of Livermore and Pleasanton.
5/
2025 Award project grants for 2025-26 school year.
EXHIBIT A
Altamont Settlement Agreement
Education Advisory Board
2025/2026 Expenditure Plan
December 2, 2024
ATTACHMENT 1 Page 2
Assumptions
The environmental education community perceives a need for diversion education programs and can develop grant
proposals that meet the goals and objectives of the parties to the settlement agreement and the Education Advisory
Board.
The Education Advisory Board can identify appropriate partners for enhancing or developing job training programs in waste prevention and recycling.
Constraints
COVID pandemic has required flexibility and adaptability in required timelines and milestones.
Teachers and others involved in environmental education are very busy and may not respond to grant solicitations. Other funding agencies, such as the Alameda County
Waste Management Authority and Source Reduction and
Recycling Board may have differing priorities that
dominate the program offerings.
The Education Account has limited funds that must be
stretched over a large service area.
Proposed Allocations
Board communications, website $5,000 Mini-grants $135,000
Project grants $286,000
Board initiated projects $50,000
Multi-year grants $110,040
ALARM mitigation projects* $0
Staff Support $30,000
Fund management and support $12,625
TOTAL $628,665
All unexpended funds from previous grant years will be
carried over and, if necessary, applied to the 2026-2027 grant year.
*ALARM fund has reached maximum amount of $100,000
EDUCATION ADVISORY BOARD
Altamont Landfill Settlement Agreement
2024 Annual Report
NCRA
Chair
Ruth Abbe
City of Livermore
Vice-chair
Fenna Gatty
City of Pleasanton
Vacant
NCRA
Devin Jackson
Alameda County
Recycling Board
Eric Havel
Board Assistant
Lauren Jenkins
Background
In 1999, the cities of Livermore and Pleasanton, the Sierra Club and the Northern California Recycling Association (NCRA) entered into a settlement agreement with Alameda County and Altamont Landfill. The Altamont Landfill Settlement Agreement created the Altamont Education Advisory Board to propose allocation of funds in the Education Account for recycling education programs, job training in the field of waste prevention and recycling and mitigating the impacts of the landfill operations in the affected community. Funds generated from the $0.47 and $0.46 per ton surcharge amount to approximately $600,000 annually.
There are five voting members on the Education Advisory Board: one appointed by the Livermore City Council; one appointed by the Pleasanton City Council; two appointed by NCRA; and the Alameda County Recycling Board’s Environmental Educator.
The role of the Education Advisory Board is to annually propose the allocation of funds from the Education Account by submitting an Expenditure Plan by April 1 of each year. Concurrence of Alameda County, the cities of Livermore and Pleasanton, and NCRA on the Expenditure Plan is necessary before funds are allocated.
Funds are collected from the Altamont Landfill by the Alameda County Treasurer. The County then remits the annual allocation to the agency administering the funds (07-08 City of Pleasanton, 08-13 and out years, City of Livermore) for disbursal to grant recipients.
2024 Activities
The 2024 Expenditure Plan was approved by each of the parties in the spring of 2024. The Expenditure Plan proposed the following allocations:
Board Communications, website $5,000
Mini-Grants $135,000
Project Grants $286,000
Board Initiated Project Grants $50,000
Multi-Year Grants $114,000
ALARM mitigation projects $0
Staff Support $30,000
Fund management & support $11,220
TOTAL $631,220
Based on the allocation established by the Expenditure Plan, the Education Advisory Board released a Request for Grant Applications for mini-grants, project grants, board initiated project grants and multi-year grants pursuant to the guidelines established in the settlement agreement.
Mini-grants
The Education Advisory Board awarded 28 Mini-Grants for projects meeting the grant criteria, as follows:
Mini-Grant #: 24-01 BUSD Farm and Garden Program at Sylvia Mendez, Composting and Climate Change, Berkeley, West County, $2,444.46 - Funds will be used to help students understand why it is beneficial to compost food waste and divert it from the traditional waste stream by creating a pilot project, developed in conjunction with the elementary science teachers throughout Berkeley Unified’s farm and gardening program.
Mini-Grant #: 24-02 Castro Valley Sanitary District, Zero Waste Book & Movie Donation to Castro Valley Library-Part Two, Castro Valley, West County, $2,418.00 - Funds will be used to purchase and donate zero waste and waste reduction-related books for the Castro Valley Library, thus providing a learning opportunity for the students and changing the culture and behavior of waste prevention and recycling in the community.
ATTACHMENT 2
Mini-Grant #: 24-03 Community Action for a Sustainable
Alameda., CASA Youth Social Media Internship, Alameda, West County, $5,000.00 - Funds will be used to provide stipends for four teens over 7-12 months, while also supplementing Ms. Robinson’s time, to foster youth leadership and drive a sustainable change in the community regarding food waste diversion, home composting advocacy, recycling initiatives and public three-stream awareness campaigns.
Mini-Grant #: 24-04 Resilience Birthright Inc., Resilience Go- Green Alameda County, Alameda, West County, $5,000.00 - Funds will be used to provide comprehensive environmental education resources to K-12 students through classroom visits, special K-2 programming and K-12 assemblies and presentations.
Mini-Grant #: 24-05 Forestr.org, Gleaning: Courses on Food Waste Prevention, Castro Valley, West County, $5,000.00 - Funds will be used to increase public knowledge about the existence of excess, fresh local produce and the issue of food waste, while also broadening the practice of gleaning to prevent waste; develop and distribute educational resources, alongside practical training for gleaning leaders and their teams; enhance the scope of the complimentary gleaning services; offer part-time environmentally friendly job opportunities.
Mini-Grant #: 24-06 KIDS for the BAY, Blue Watershed Classrooms Program, Berkeley, West County, $5,000.00 - Funds will be used to provide the Blue Watershed Classrooms Program to support teachers from under-resources elementary schools by focusing on changing the school culture and behaviors around waste prevention and will promote recycling and practicing the Five Rs in partner school communities.
Mini-Grant #: 24-07 Canyon Meadows Homeowners Association, Canyon Meadows Composting & Recycling Expansion, Pleasanton, East County, $5,000.00 - Funds will be used to purchase 6 composting bins to service the entire condominium community as well as providing educational content to the adults and children in the community on proper usage at events such as Community Earth Day, neighborhood block parties and literature and signage.
Mini-Grant #: 24-08 Resilience Birthright Inc., The Story of CARP, Alameda, West County, $5,000.00 - Funds will be used to produce a 3-minute short film aimed at simplifying and explaining the City of Alameda’s Climate Action and Resiliency Plan (CARP) for the general public.
Mini-Grant #: 24-09 Spokeland, Spokeland Program Expansion, Oakland, West County, $5,000.00 - Funds will be used to supplement existing funding for four main programs: Mechanic Mentor, Do-It-Together, Self-Service and Bike Build programs. The 4 programs offer educational opportunities for the students and the community, promote waste prevention and recycling culture, and provide steppingstones for students who wish to pursue careers in waste prevention and recycling.
Mini-Grant #: 24-10 Cecelia Mosher-Clark, Sew what you using?, Oakland, West County, $5,000.00 - Funds will be used to support weekly workshops that provides community access to sewing machines, recycled materials and instructional guidance in maintaining sewing machines and utilizing recycled materials in soft goods/textile design.
Mini-Grant #: 24-11 King Middle School, Zero Food Landfill at King Middle School by 2025/26, Berkeley, West County, $5,000.00 - Funds will be used to develop a pilot program for multiple processes that can achieve virtually Zero Food Waste at King Middle School by 2025/26.
Mini-Grant #: 24-12 Fixit Clinic, Teen Repairing at Asian Branch Library, Berkeley, West County, $5,000.00 - Funds will be used to hold teen-oriented repair programming at the Asian Branch Library of the Oakland Public Library.
Mini-Grant #: 24-13 Fixit Clinic, Hayward Library Fixit Clinics, Berkeley, West County, $5,000.00 - Funds will be used to hold two Saturday “big production” Fixit Clinics at the Hayward Main Library as a mechanism for seeding an ethos of “Always There Repair” throughout Hayward, neighboring cities, and Alameda County county-wide.
Mini-Grant #: 24-14 Cecelia Mosher-Clark, SoftWEAR at Hardware/SoftWEAR Hack Night, Oakland, West County, $5,000.00 - Funds will be used to host a weekly event at Sudo Room assisting participants with fixing sewing machines and repairing textiles and soft goods, every Tuesday.
2024 Funding Allocation
Total Allocations for 2024 were as follows:
Board Communications, website $5,000.00
Mini-Grants $127,417.46
Project Grants $293,526.00
Multi-Year Grants (Year 1) $50,000.00
Multi Year Grants (Year 2). $63,835.00 Multi Year Grants (Year 3). $50,000.00 Board Initiated Project Grants $0 ALARM mitigation projects $0
Staff Support $30,000.00 Fund management & support $11,220.00
Total 2024 Expenditures $639,998.46
Mini-Grant #: 24-15 Waterside Workshops, Street Level Cycles Internship, Berkeley, West County, $5,000.00 - Funds will be used to benefit the bicycle education and reuse program, including a retail bicycle shop, bike repair service and community open shop.
Mini-Grant #: 24-16 Local Ecology and Agriculture Fremont (LEAF), Urban Garden Education Center: Building healthy soil and communities, Fremont, West County, $5,000.00 - Funds will be used to focus on soil health and composting to produce a thriving garden that localizes the food supply chain, waste reduction efforts, and composting as well as setting the foundation for educational programs in soil science.
Mini-Grant #: 24-17 Alameda Point Collaborative, New Bins for Better Waste Prevention, Recycling and Composting Programs, Alameda, West County, $5,000.00 - Funds will be used to roll-out an education program that includes newsletters, posters and signage that will help educate the community to help minimize the amount of waste ending up in a landfill as well as host weekly breakfast meetings and a monthly community meeting for residents.
Mini-Grant #: 24-18 Ecology Center, Reusable Foodware Educational Campaign, Berkeley, West County, $5,000.00 - Funds will be used to educate East Bay community members on the negative impacts of single use disposable foodware use by using both digital and in-person outreach through social media, blogs and/or op-eds, table at local events and at least one event solely dedicated to the topic.
Mini-Grant #: 24-19 Collective Resilience, Zero Waste at Resilience Hubs and Spaces, Santa Rosa, West County, $4,000.00 - Funds will be used to compile online resources focused on waste reduction, provide a waste audit and funding for new waste reduction infrastructure for at least two sites developing as resilience hubs and to share about waste reduction at resilience hubs with new audiences.
Mini-Grant #: 24-20 Lincoln Middle School, Green Leadership Club, Alameda, West County, $5,000.00 - Funds will be used to fund teacher time for a new lunchtime schoolwide Green leadership Club as well as a stipend for staff time and a stipend for an assistant teacher to co-lead.
Mini-Grant #: 24-21 urban university, Single Moms Sewing Project, Oakland, West County, $5,000.00 - Funds will be used to support a 12-week job training component that creates community awareness of the impact of fashion on the environment, mitigates the impact of landfill operations through the upcycling of clothing textiles into new consumer products, and offer the City of Oakland a community-based solution.
Mini-Grant #: 24-22 Community Action for a Sustainable Alameda, Alameda Reusables To Go Expansion #1, Alameda, West County, $4,875.00 - Funds will be used to pilot to more cafes and Boba shops throughout Alameda to expand the project using the same technology to include reusable food ware and catering packs.
Mini-Grant #: 24-23 Community Action for a Sustainable Alameda, Alameda Reusables To Go Expansion #2, Alameda, West County, $4,680.00 - Funds will be used to pilot to more cafes and Boba shops throughout Alameda and to expand the project using the same technology to include reusable food ware and reusable hot cups and cold cups.
Mini-Grant #: 24-24 Bay Area Redwood, Reclaimed Wood Compost Bins for Altamont Summer Concert Series, Hayward, West County, $5,000.00 - Funds will be used to design, supply materials and fabricate 10 reclaimed wood bins to be used in the Vasco Row Commercial Zone in the City of Livermore.
Mini-Grant #: 24-25 Wee Poets, Wee Poets, Berkeley, West County, $3,000.00 - Funds will be used to produce 2, 30-minute videotapes about recycling to spread the word about recycling to millions of children and adults.
Mini-Grant #: 24-26 Mission San Jose High School-Special Education Department, Composting in our Classrooms, Fremont, West County, $5,000.00 - Funds will be used to develop a composting program to help reduce green waste in the school by composting kitchen and cooking scraps in the classroom.
Mini-Grant #: 24-27 St. Bartholomew’s Episcopal Church, Revitalization of the Big Heart Garden, Livermore, East County, $3,000.00 - Funds will be used to fund stipends and provide education to the volunteers that provide food weekly to approximately 120 individuals.
Mini-Grant #: 24-28 Tri-Valley Haven, Support for Tri-Valley Haven’s Food Pantry Grocery Rescue Program, Livermore, East County, $3,000.00 - Funds will be used to pay for additional hours to a dedicated staff driver that assists with the grocery reuse program by picking up recovered food six days a week from at least nine grocery stores. The driver will be able to increase staff hours to 200 more hours a year, thus increases the food distributed to families in need.
The total 2024 Expenditure Plan budget of $135,000 for Mini-Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $127,417.46 in Mini-Grants was approved.
Project Grants
The Education Advisory Board awarded 12 Project Grants to the following projects:
Project Grant #: 24-29 Oakland Unified School District, Special Staffing Support: Compost & Food Systems for OUSD Schools, Oakland, West County, $20,000.00- Funds from this grant will be used to cover part of the salary of the Garden & Compost Specialist at Oakland Unified School District. The new staff member that will be hired for this project will contribute to The Center’s work on key issues related to composting & waste reduction, garden cultivation, and TK-12 youth education and career exposure on these subjects.
Project Grant #: 24-30 Rebuilding Together East Bay North (RTEBN), ECO (Estate Clean Out), Berkeley, West County, $27,000.00- Funds from this grant will be used to address the critical challenges surrounding waste diversion of household goods for reuse and access to employment for marginalized individuals.
Project Grant #: 24-31 Fixit Clinic, County-wide Chromebook Rescue, Berkeley, West County, $15,450.00- Funds from this grant will be used to assist Alameda County schools and school districts in keeping Chromebooks in service in the communities by teaching and empowering students to convert Chromebooks into general purpose computers.
Project Grant #: 24-32 Center for Environmental Health (CEH), The Road to Reusables, Oakland, West County, $30,000.00- Funds from this grant will be used to target schools in Alameda County to provide education and implementation resources that promote reusables, prevent waste in both food and food ware, and ideally implement reusables that can be effectively recycled at the end of their life.
Project Grant #: 24-33 The East Bay Depot for Creative Reuse, Castoffs to Classrooms-Continued, Oakland, West County, $27,000.00- Funds from this grant will be used to educate businesses and manufacturers on responsible disposable of discarded materials; to divert reusable materials from the landfill by collecting discarded items from businesses and manufacturers; to provide reusable materials to educators at low-or-no-cost; to teach educators the many ways reuse can be incorporated into their classrooms, and provide a physical space for reuse and repair workshops.
Project Grant #: 24-34 Berkeley Public Schools Fund, Waste Themed Climate Action Projects in BUSD Climate Literacy, Berkeley, West County, $23,000.00- Funds from this grant will be used to support classroom projects that actively engage students in waste diversion and reduction in K-8 schools in BUSD; collaborate between the Sustainability Department (maintenance and facilities) and Climate Literacy (Education Services) can be a successful holistic approach to whole school sustainability.
Project Grant #: 24-35 The Go Green Initiative, Delivering in Hayward Unified School District (AB 341, 1826 and SB 1383), Pleasanton, East County, $40,000.00- Funds from this grant will be used to continue its work with Hayward Unified School District and deliver on the progress that is underway to implement 3-bin systems, train students and staff to prevent and reduce waste, and institutionalize integrated waste management in the district.
Project Grant #: 24-36 Alameda Food Bank, Full Circle Green Waste Diversion, Alameda, West County, $20,000.00- Funds from this grant will be used to increase the capacity to receive perishable food items and redistribute them for human consumption as quickly as possible.
Project Grant #: 24-37 Earth Team, Waste Action Project-WAP 2.0, Richmond, West County, $28,000.00- Funds from this grant will be used to provide 56 paid student interns and four schools with the support and resources they need to assess their campus’ waste and recycling behaviors accurately and to take action to change those behaviors and the overall school culture regarding consumption and waste while developing a new TRADE/OVTA trash assessment standard that could be replicated in other schools.
Project Grant #: 24-38 Empowerment Works c/o WasteWhat, Expanding Community Access to Refillable, Healthy, Zero- Waste Grocery by Adopting EBT, Oakland, West County, $20,000.00- Funds from this grant will be used to increase accessibility to low-waste services for the greater community by qualifying for Electronic Benefit Transfer (EBT) in the state of California, ensuring that the waste-reduction grocery offerings are accessible to individuals from diverse economic backgrounds.
Project Grant #: 24-39 Robot Garden, Fixit Clinic Expansion & Student Internships, Livermore, East County, $18,000.00- Funds from this grant will be used to expand the internship program for participating high school and Las Positas College students teach a new generation of techs and engineers about product design, repairability, sustainability and waste reduction.
Project Grant #: 24-40 Common Vision, Regeneration Nation, Berkeley, West County, $25,076.00- Funds from this grant will be used to spark and grow a movement for Regeneration Nation; support the regeneration of health soil by teaching kids how to compost; teach recycling to elementary school children; support SB1383 by distributing recovered food at 4 garden and community sites; produce an already scripted and planned MamaWanda garden video on worm composting and food waste reduction in schools and an additional Regeneration Nation video.
The total 2024 Expenditure Plan budget of $286,000 for Project Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $293,526.00 in Project Grants was awarded.
Multi-Year Grants
The Education Advisory Board awarded 2 Multi-Year Grants in the 2024 cycle.
Multi-Year Grant #: 24-41(1) Green Schools Challenge, Alameda County Green Schools Challenge, Alameda, East County, $30,000.00- Funds from this grant will be used to direct technical assistance to district child nutrition directors, district facility managers, custodial staff and faculty; classroom instruction in waste reduction, recycling and composting provided by a credentials teacher with expertise in Zero Waste; student green team training; equipment, including classroom bins and stickers, food share carts, green team aprons and pickers.
Multi-Year Grant #: 24-42(1) Oakland Leaf Foundation, Oakland Leaf’s Love Cultivating Schoolyards program (LCS), Oakland, West County, $20,000.00- Funds from this grant will be used to improve the health and wellbeing of and promote environmental conservation to East Oakland youth and will support financial literacy programming and a higher paid stipend for the youth interns.
The total 2024 Expenditure Plan budget of $114,000 for Multi-Year Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $50,000.00 in Multi-Year Grants was awarded.
ALARM Mitigation Projects
Pursuant to the terms of the settlement agreement, the 2024 Expenditure Plan set aside $0 for mitigation projects for landowners in the vicinity of the landfill. The Education Advisory Board corresponded with ALARM (Altamont Landowners Against Rural Mismanagement) to notify them of the available funding. No applications were submitted for consideration during the 2024 funding cycle. The Board will continue to communicate with ALARM regarding appropriate projects for funding.
Item #4
CITY COUNCIL AGENDA REPORT
April 15, 2025
Finance
TITLE: ACCEPT THE MONTHLY DISBURSEMENT AND INVESTMENT REPORT FOR FEBRUARY 2025
SUMMARY
Attached is the City of Pleasanton monthly disbursements and investment report for February 2025.
RECOMMENDATION
Accept claim disbursements in the amount of $15,483,085 and the investment report for the month of February 2025.
BACKGROUND
The City's Investment Policy requires the Director of Finance to submit a monthly transaction report to the City Council within 60 days of the end of the reporting period in accordance with California Government Code Section 53607.
The Investment Policy also requires the Director of Finance to submit a quarterly report to the City Council on the status of the City's investment portfolio no later than 45 days after the end of each month. This report shall include the types of investments, the amount of money invested with various institutions, purchase and maturity dates, and yield on investments. The Director of Finance certifies that the investment portfolio is in compliance with the investment policy and that it will meet cash flow needs for the next six months.
This report also includes check and electronic payment information for February 2025.
DISCUSSION
The monthly disbursements and investment report provides transparency of the City’s financial transactions and payments for review by the City Council. The medium term note with 3M Company matured on February 14, 2025. Following this maturity, all investments hold a rating of A or higher.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine administrative matter of City business.
OUTREACH
No outreach was conducted, as this item is a routine administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine administrative matter.
FISCAL IMPACT
There is no fiscal impact associated with acceptance of this report.
Prepared by: Submitted by: Approved by:
Xin Wei, Junior Accountant Susan Hsieh, Director of Finance
Gerry Beaudin, City
Manager
Attachments:
1. Disbursements and Investment Report
FEBRUARY 2025 DISBURSEMENTS
CHECK REGISTER*
DATE CHECK NUMBER AMOUNT
2/3/2025 66939-67032 1,216,990$
2/6/2025 67036-67113, 67115-67159 2,610,824
2/13/2025 67187-67327 626,114
2/20/2025 67333-67475, 67488 1,244,429
2/21/2025 67489 675
2/27/2025 67495-67624 1,374,973
7,074,004$
ACH PAYMENTS
DATE CHECK NUMBER AMOUNT
2/3/2025 67033-67035 55,010$
2/6/2025 67160-67186 3,198,558
2/13/2025 67328-67332 222,521
2/20/2025 67476-67484, 67486-67487 270,557
2/27/2025 67490-67494 287,495
Payroll & Tax related ACH Payments 888,234
4,922,374$
WIRE TRANSFERS AMOUNT
2/21/2025 Escrow fees related to
the Final ALTA Settlement Statement 6,697$
PAYROLL TRANSFERS
DATE AMOUNT
2/6/2025 1,743,890 $
2/20/2025 1,736,120
3,480,010$
TOTAL DISBURSEMENTS 15,483,085$
* Detailed registers available upon request.
$236,109,434
1.73%
329
*Based on Market value
Total Market Value
Effective Rate of Return
Portfolio Snapshot
Average Days to Maturity
Portfolio Characteristics
February 28, 2025
0.2%22.6%0.8%9.2%1.2%1.9%63.7%0.4%Sector Allocation
Certificates of Deposit - Bank
LAIF
Government Money Market
Medium Term Notes
Treasury Securities - Coupon
Federal Agency Issues - Coupon
Federal Agency Issues - Callable
Supranationals
- 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,0000-1 Yrs 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs61%35%1%3%0%Maturity Distribution22.6%0.2%0.8%3.8%72.2%0.4%0.0%Assigned Credit Ratings of InvestmentsLAIFFDICDRYFUSAAAAAABBB
CITY OF PLEASANTON
Portfolio Management
February 28, 2025
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 482,414.16 2330.20 4.18231482,414.16482,414.16 4.240 LAIF 53,283,263.05 122.01 4.419153,263,121.1853,283,263.05 4.480 Gov't Money Market 1,965,605.90 10.81 4.05411,965,605.901,965,605.90 4.110 Medium Term Notes 22,485,318.00 1,7669.29 1.90845921,666,850.0022,000,000.00 1.935 Federal Agency Issues - Coupon 2,995,657.09 1,8251.24 1.2626602,857,110.003,000,000.00 1.280 Treasury Securities - Coupon 4,477,089.85 1,1121.85 4.0861,0714,524,060.004,500,000.00 4.143 Federal Agency Issues - Callable 155,421,490.80 1,82264.20 0.907400150,387,602.50155,630,000.00 0.920 Supranationals 980,200.00 1,7040.40 0.922362962,670.001,000,000.00 0.935 242,091,038.85 100.00%
Investments
236,109,433.74241,861,283.11 1,385 329 1.868 1.894
Current Year
February 28
350,618.40
Fiscal Year To Date
2,670,028.97
Average Daily Balance
Effective Rate of Return
242,039,662.99 232,194,704.38
1.73%1.89%
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 02/01/2025-02/28/2025
Run Date: 03/31/2025 - 13:44 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
4/5/2025
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
February 28, 2025
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Certificates of Deposit - Bank
3.540Fremont Bank1093-4 232,414.16 232,414.16 03/21/20253.54012/21/2024 232,414.16 3.492SYS-1094 20
4.890United Business Bank1091-2 250,000.00 250,000.00 04/11/20254.89004/11/2024 250,000.00 4.823SYS 1091 41 482,414.16 4.182482,414.16482,414.16482,414.16Subtotal and Average 4.240 31 LAIF
4.480LOCAL AGENCY INVESTMENT FUND5 53,283,263.05 53,283,263.05 4.48053,263,121.18 4.419SYS5 1 53,283,263.05 4.41953,263,121.1853,283,263.0553,283,263.05Subtotal and Average 4.480 1 Gov't Money Market
4.110Dryfus Govt Cash Mgmt 6727-1 1,613,126.65 1,613,126.65 4.11008/23/2024 1,613,126.65 4.054X9USDCRGO 1
4.110Dryfus Govt Cash Mgmt 6727-2 352,479.25 352,479.25 4.11012/05/2024 352,479.25 4.054X9USDCRGO 1 1,965,605.90 4.0541,965,605.901,965,605.902,996,093.59Subtotal and Average 4.110 1 Medium Term Notes
1.690EXXON MOBIL CORPORATION6056 3,000,000.00 3,145,587.00 03/06/20252.70903/11/2020 2,999,550.00 1.66730231GAF9 5
1.821Truist Bank6058 2,000,000.00 1,969,486.00 03/10/20251.50003/13/2020 1,998,820.00 1.79689788JAA7 9
1.777EXXON MOBIL CORPORATION6064 2,000,000.00 2,113,800.00 03/19/20252.99204/20/2020 1,998,740.00 1.75330231GBH4 18
1.090Toyota Motor Credit Corp6067 3,000,000.00 2,959,140.00 01/09/20260.80003/09/2021 2,911,560.00 1.07589236THW8 314
0.732Apple Inc.6065 2,000,000.00 1,996,860.00 02/08/20260.70002/08/2021 1,934,700.00 0.722037833EB2 344
0.981Apple Inc.6066 3,000,000.00 3,331,380.00 02/23/20263.25002/23/2021 2,968,380.00 0.967037833BY5 359
1.100JPMorgan Chase Bank NA6068 3,000,000.00 3,000,000.00 06/22/20261.10006/22/2021 2,840,640.00 1.08546632FSCO 478
4.962JOHN DEERE CAPITAL CORP6073 500,000.00 491,705.00 01/16/20294.50001/15/2025 501,185.00 4.89424422EXH7 1,417
4.854ROYAL BANK OF CANADA6080 500,000.00 501,950.00 01/24/20294.96502/20/2025 504,605.00 4.78778017DAA6 1,425
4.902BANK OF NEWYORK MELLON6074 500,000.00 493,470.00 02/01/20294.54301/15/2025 500,795.00 4.83506406RBN6 1,433
4.747ABBVIE INC.6079 500,000.00 500,950.00 03/15/20294.80002/20/2025 504,905.00 4.68200287YDS5 1,475
4.741UNITED HEALTH GROUP INC.6078 500,000.00 485,910.00 05/15/20294.00002/20/2025 489,700.00 4.67691324PEH1 1,536
5.162MORGAN STANLEY6069 500,000.00 505,770.00 07/20/20295.44912/20/2024 511,390.00 5.09161747YFF7 1,602
5.029Bank of America6076 500,000.00 484,830.00 07/23/20294.27101/15/2025 492,735.00 4.96006051GHM4 1,605
5.077JPMorgan Chase & CO6070 500,000.00 504,480.00 07/24/20295.29912/20/2024 509,145.00 5.00746647PDU7 1,606 22,485,318.00 1.90821,666,850.0022,000,000.0022,406,042.80Subtotal and Average 1.935 459 Federal Agency Issues - Coupon
1.280FEDERAL HOME LOAN BANK3576 3,000,000.00 2,995,657.09 12/21/20261.25012/22/2021 2,857,110.00 1.2623130AQF65 660 2,995,657.09 1.2622,857,110.003,000,000.002,995,657.09Subtotal and Average 1.280 660 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
February 28, 2025
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Treasury Securities - Coupon
3.433U S TREASURY2357 750,000.00 747,421.88 10/31/20264.12512/20/2024 751,057.50 3.38691282CLS8 609
4.331U S TREASURY2356 750,000.00 745,810.55 11/15/20274.12512/20/2024 752,460.00 4.27191282CLX7 989
4.476U S TREASURY2364 750,000.00 745,283.20 01/15/20284.25001/15/2025 755,212.50 4.41591282CMF5 1,050
3.748U S TREASURY2366 750,000.00 735,000.00 05/31/20283.62502/20/2025 741,420.00 3.69791282CHE4 1,187
4.305U S TREASURY2367 750,000.00 751,699.22 08/31/20284.37502/20/2025 758,790.00 4.24691282CHX2 1,279
4.555U S TREASURY2365 750,000.00 751,875.00 09/30/20284.62501/15/2025 765,120.00 4.49391282CJA0 1,309 4,477,089.85 4.0864,524,060.004,500,000.003,474,501.50Subtotal and Average 4.143 1,071 Federal Agency Issues - Callable
0.715FEDERAL FARM CREDIT BANK4537 3,000,000.00 2,997,750.00 06/30/20250.70007/06/2020 2,963,970.00 0.7063133ELQ49 121
0.707FEDERAL NATIONAL MORTGAGE ASSN4538 3,250,000.00 3,248,862.50 07/14/20250.70007/14/2020 3,206,385.00 0.6973136G4YH0 135
0.710FEDERAL NATIONAL MORTGAGE ASSN4541 3,000,000.00 3,000,000.00 07/22/20250.71007/22/2020 2,957,670.00 0.7003136G4A45 143
0.620FEDERAL HOME LOAN BANK4544 3,000,000.00 2,997,000.00 08/27/20250.60008/27/2020 2,947,710.00 0.6123130AJZ36 179
0.657FREDDIE MAC4545 3,000,000.00 2,998,950.00 09/09/20250.65009/09/2020 2,944,320.00 0.6483134GWA55 192
0.550FEDERAL FARM CREDIT BANK4548 3,340,000.00 3,336,660.00 09/29/20250.53010/05/2020 3,269,325.60 0.5433133EMBJ0 212
0.550FREDDIE MAC4547 3,000,000.00 3,000,000.00 09/30/20250.55009/30/2020 2,936,580.00 0.5423134GWW93 213
0.566FREDDIE MAC4549 3,000,000.00 2,997,600.00 09/30/20250.55010/07/2020 2,936,580.00 0.5593134GWWT9 213
0.600FREDDIE MAC4550 3,000,000.00 3,000,000.00 10/28/20250.60010/28/2020 2,930,250.00 0.5923134GW3F1 241
0.595FEDERAL HOME LOAN BANK4553 3,000,000.00 2,996,250.00 11/25/20250.57011/25/2020 2,921,430.00 0.5873130AKGD2 269
0.600FEDERAL NATIONAL MORTGAGE ASSN4552 3,000,000.00 3,000,000.00 11/25/20250.60011/25/2020 2,922,510.00 0.5923135GA3W9 269
0.620FREDDIE MAC4554 3,000,000.00 3,000,000.00 12/01/20250.62012/01/2020 2,920,290.00 0.6123134GXDM3 275
0.625FEDERAL HOME LOAN BANK4555 3,000,000.00 3,000,000.00 01/22/20260.62501/22/2021 2,906,880.00 0.6163130AKQ74 327
0.650FEDERAL HOME LOAN BANK4557 3,000,000.00 3,000,000.00 01/28/20260.65001/28/2021 2,905,590.00 0.6413130AKRN8 333
0.550FEDERAL NATIONAL MORTGAGE ASSN4556 3,000,000.00 3,000,000.00 01/28/20260.55001/28/2021 2,903,490.00 0.5423135G06R9 333
0.110FEDERAL HOME LOAN BANK4558 3,000,000.00 3,000,000.00 02/12/20260.60002/12/2021 2,901,300.00 0.1093130AKXQ4 348
0.625FEDERAL HOME LOAN BANK4560 3,000,000.00 3,000,000.00 02/17/20260.62502/17/2021 2,899,590.00 0.6163130AL3S1 353
0.650FEDERAL HOME LOAN BANK4561 3,000,000.00 3,000,000.00 02/24/20260.65002/24/2021 2,898,330.00 0.6413130AL5X8 360
0.616FEDERAL HOME LOAN BANK4562 3,125,000.00 3,122,500.00 02/24/20260.60002/24/2021 3,018,468.75 0.6083130AKXJ0 360
0.750FEDERAL HOME LOAN BANK4563 3,000,000.00 3,000,000.00 02/24/20260.75002/24/2021 2,901,930.00 0.7403130ALCV4 360
0.650FEDERAL HOME LOAN BANK4559 3,000,000.00 3,000,000.00 02/26/20260.65002/26/2021 2,898,960.00 0.6413130AKZ25 362
0.922FEDERAL HOME LOAN BANK4572 3,000,000.00 2,989,560.00 02/26/20260.85003/15/2021 2,904,570.00 0.9093130ALGR9 362
0.947FEDERAL HOME LOAN BANK4574 3,000,000.00 2,985,960.00 02/26/20260.85003/18/2021 2,904,570.00 0.9343130ALGR9 362
0.971FEDERAL HOME LOAN BANK4577 3,000,000.00 2,982,510.00 02/26/20260.85003/22/2021 2,904,570.00 0.9583130ALGR9 362
1.000FEDERAL HOME LOAN BANK4579 3,000,000.00 2,978,517.00 02/26/20260.85003/31/2021 2,904,570.00 0.9863130ALGR9 362
0.800FEDERAL HOME LOAN BANK4565 3,000,000.00 3,000,000.00 03/16/20260.80003/16/2021 2,895,690.00 0.7893130ALDN1 380
0.875FEDERAL HOME LOAN BANK4569 3,000,000.00 3,000,000.00 03/23/20260.87503/23/2021 2,896,170.00 0.8633130ALGC2 387 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM2) 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
February 28, 2025
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
Federal Agency Issues - Callable
0.959FEDERAL HOME LOAN BANK4576 3,000,000.00 2,987,700.00 03/23/20260.87503/23/2021 2,896,170.00 0.9463130ALGC2 387
1.050FEDERAL FARM CREDIT BANK4575 3,000,000.00 3,000,000.00 03/25/20261.05003/25/2021 2,903,040.00 1.0363133EMUK6 389
1.000FEDERAL HOME LOAN BANK4571 3,000,000.00 3,000,000.00 03/30/20261.00003/30/2021 2,898,300.00 0.9863130ALMM3 394
0.993FEDERAL HOME LOAN BANK4578 3,000,000.00 2,998,050.00 03/30/20260.98003/30/2021 2,897,700.00 0.9803130ALNT7 394
1.026FEDERAL HOME LOAN BANK4581 3,000,000.00 2,996,250.00 03/30/20261.00004/05/2021 2,898,300.00 1.0123130ALMM3 394
1.051FEDERAL HOME LOAN BANK4580 3,000,000.00 2,995,500.00 04/15/20261.02004/15/2021 2,895,300.00 1.0363130ALUC6 410
1.020FEDERAL HOME LOAN BANK4585 2,795,000.00 2,795,000.00 05/19/20261.02005/20/2021 2,689,935.95 1.0063130AMCL4 444
1.010FEDERAL HOME LOAN BANK4587 3,000,000.00 2,998,500.00 05/26/20261.00005/26/2021 2,884,860.00 0.9963130AMH62 451
0.987FEDERAL HOME LOAN BANK4588 3,000,000.00 2,998,950.00 05/26/20260.98005/26/2021 2,884,170.00 0.9743130AMGW6 451
0.901FEDERAL HOME LOAN BANK4590 2,750,000.00 2,746,562.50 05/26/20260.87506/02/2021 2,640,357.50 0.8883130AMHB1 451
1.000FEDERAL HOME LOAN BANK4591 1,500,000.00 1,500,000.00 05/26/20261.00006/02/2021 1,442,430.00 0.9863130AMH62 451
0.921FEDERAL FARM CREDIT BANK4595 3,000,000.00 2,997,000.00 06/15/20260.90006/24/2021 2,877,450.00 0.9083133EMH21 471
1.030FEDERAL HOME LOAN BANK4592 3,000,000.00 3,000,000.00 06/30/20261.03006/30/2021 2,878,020.00 1.0163130AMSL7 486
1.070FEDERAL HOME LOAN BANK4594 3,000,000.00 3,000,000.00 06/30/20261.07006/30/2021 2,879,550.00 1.0553130AMYA4 486
1.000FEDERAL HOME LOAN BANK4596 1,500,000.00 1,500,000.00 06/30/20261.00006/30/2021 1,438,425.00 0.9863130AN2Q2 486
1.025FEDERAL HOME LOAN BANK4597 3,000,000.00 2,999,250.00 07/14/20261.02007/14/2021 2,872,470.00 1.0113130AMWK4 500
1.033FEDERAL HOME LOAN BANK4598 3,000,000.00 2,983,500.00 09/30/20260.92009/30/2021 2,853,690.00 1.0193130AP2P9 578
1.085FEDERAL HOME LOAN BANK4599 3,000,000.00 2,997,750.00 10/14/20261.07010/14/2021 2,857,890.00 1.0713130APC94 592
1.421FEDERAL HOME LOAN BANK4600 530,000.00 526,947.20 11/24/20261.30012/09/2021 504,999.90 1.4013130APU78 633
1.421FEDERAL HOME LOAN BANK4601 1,840,000.00 1,829,401.60 11/24/20261.30012/09/2021 1,753,924.80 1.4013130APUR4 633
1.459FEDERAL HOME LOAN BANK4602 3,000,000.00 2,988,000.00 12/01/20261.37512/09/2021 2,860,830.00 1.4393130APVC6 640
1.425FEDERAL HOME LOAN BANK4605 3,000,000.00 2,999,250.00 12/29/20261.42001/03/2022 2,856,630.00 1.4063130AQG80 668
1.541FEDERAL HOME LOAN BANK4606 3,000,000.00 2,982,750.00 12/29/20261.42001/10/2022 2,856,630.00 1.5193130AQG80 668
1.370FEDERAL HOME LOAN BANK4603 3,000,000.00 3,000,000.00 12/30/20261.37012/30/2021 2,854,200.00 1.3513130AQEC3 669
1.385FEDERAL HOME LOAN BANK4604 3,000,000.00 2,998,500.00 12/30/20261.37512/30/2021 2,854,470.00 1.3663130AQEF6 669
1.926FEDERAL HOME LOAN BANK4607 3,000,000.00 2,975,010.00 01/28/20271.75002/08/2022 2,869,860.00 1.9003130AQLD3 698
2.112FEDERAL HOME LOAN BANK4608 3,000,000.00 2,995,500.00 02/25/20272.08003/08/2022 2,886,300.00 2.0833130AQW66 726 155,421,490.80 0.907150,387,602.50155,630,000.00155,421,490.80Subtotal and Average 0.920 400 Supranationals
0.935International Finance Corp7000 1,000,000.00 980,200.00 02/26/20260.50006/28/2021 962,670.00 0.92245950VPS9 362 980,200.00 0.922962,670.001,000,000.00980,200.00Subtotal and Average 0.935 362 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM2) 7.3.11
YTM
365
Par Value Book Value
Stated
RateMarket Value
February 28, 2025
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
360CUSIP Investment #
Purchase
Date
1.868242,039,662.99 241,861,283.11 1.894 329236,109,433.74 242,091,038.85Total and Average Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM2) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
February 28, 2025
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
FREMON1093-4 232,414.16 232,414.16 03/21/202512/21/2024 232,414.16SYS-1094 1,577.87 0.003.5403.540 20 VCB1091-2 250,000.00 250,000.00 04/11/202504/11/2024 250,000.00SYS 1091 10,851.78 0.004.8904.890 41 482,414.16482,414.16482,414.16482,414.16Subtotal and Average 12,429.65 0.0031 4.2404.240 LAIF
LAIF5 53,283,263.05 53,283,263.0553,263,121.18SYS5 301,958.83 -20,141.874.4804.480 1 53,283,263.0553,263,121.1853,283,263.0553,283,263.05Subtotal and Average 301,958.83 -20,141.871 4.4804.480 Gov't Money Market
DRYFUS7-1 1,613,126.65 1,613,126.6508/23/2024 1,613,126.65X9USDCRGO 4,714.56 0.004.1104.110 1 DRYFUS7-2 352,479.25 352,479.2512/05/2024 352,479.25X9USDCRGO 11,567.11 0.004.1104.110 1 1,965,605.901,965,605.901,965,605.902,996,093.59Subtotal and Average 16,281.67 0.001 4.1104.110 Medium Term Notes
XOM6056 3,000,000.00 3,145,587.00 03/06/202503/11/2020 2,999,550.0030231GAF9 39,506.25 -146,037.001.6892.709 5 TRU6058 2,000,000.00 1,969,486.00 03/10/202503/13/2020 1,998,820.0089788JAA7 14,250.00 29,334.001.8211.500 9 XOM6064 2,000,000.00 2,113,800.00 03/19/202504/20/2020 1,998,740.0030231GBH4 26,928.00 -115,060.001.7772.992 18 TOYOTA6067 3,000,000.00 2,959,140.00 01/09/202603/09/2021 2,911,560.0089236THW8 3,466.66 -47,580.001.0900.800 314 APPL6065 2,000,000.00 1,996,860.00 02/08/202602/08/2021 1,934,700.00037833EB2 894.44 -62,160.000.7320.700 344 APPL6066 3,000,000.00 3,331,380.00 02/23/202602/23/2021 2,968,380.00037833BY5 2,166.67 -363,000.000.9803.250 359 JP6068 3,000,000.00 3,000,000.00 06/22/202606/22/2021 2,840,640.0046632FSCO 6,325.00 -159,360.001.1001.100 478 JDCC6073 500,000.00 491,705.00 01/16/202901/15/2025 501,185.0024422EXH7 2,734.81 9,480.004.9624.500 1417 RBC6080 500,000.00 501,950.00 01/24/202902/20/2025 504,605.0078017DAA6 2,551.46 2,655.004.8534.965 1425 BNYT6074 500,000.00 493,470.00 02/01/202901/15/2025 500,795.0006406RBN6 1,756.96 7,325.004.9024.543 1433 ABBVIE6079 500,000.00 500,950.00 03/15/202902/20/2025 504,905.0000287YDS5 11,066.67 3,955.004.7474.800 1475 UHGI6078 500,000.00 485,910.00 05/15/202902/20/2025 489,700.0091324PEH1 5,611.11 3,790.004.7404.000 1536 MS6069 500,000.00 505,770.00 07/20/202912/20/2024 511,390.0061747YFF7 3,102.90 5,620.005.1615.449 1602 BOFA6076 500,000.00 484,830.00 07/23/202901/15/2025 492,735.0006051GHM4 2,182.69 7,905.005.0294.271 1605 JPMCC6070 500,000.00 504,480.00 07/24/202912/20/2024 509,145.0046647PDU7 2,723.10 4,665.005.0765.299 1606 22,485,318.0021,666,850.0022,000,000.0022,406,042.80Subtotal and Average 125,266.72 -818,468.00459 1.9352.423 Federal Agency Issues - Coupon
FHLB3576 3,000,000.00 2,995,657.09 12/21/202612/22/2021 2,857,110.003130AQF65 7,291.66 -138,547.091.2801.250 660 2,995,657.092,857,110.003,000,000.002,995,657.09Subtotal and Average 7,291.66 -138,547.09660 1.2801.250 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
February 28, 2025
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
Treasury Securities - Coupon
UST2357 750,000.00 747,421.88 10/31/202612/20/2024 751,057.5091282CLS8 10,284.17 3,635.623.4334.125 609 UST2356 750,000.00 745,810.55 11/15/202712/20/2024 752,460.0091282CLX7 9,059.05 6,649.454.3304.125 989 UST2364 750,000.00 745,283.20 01/15/202801/15/2025 755,212.5091282CMF5 3,962.36 9,929.304.4764.250 1050 UST2366 750,000.00 735,000.00 05/31/202802/20/2025 741,420.0091282CHE4 6,834.43 6,420.003.7473.625 1187 UST2367 750,000.00 751,699.22 08/31/202802/20/2025 758,790.0091282CHX2 90.64 7,090.784.3044.375 1279 UST2365 750,000.00 751,875.00 09/30/202801/15/2025 765,120.0091282CJA0 5,797.09 13,245.004.5544.625 1309 4,477,089.854,524,060.004,500,000.003,474,501.50Subtotal and Average 36,027.74 46,970.151071 4.1434.190 Federal Agency Issues - Callable
FFCB4537 3,000,000.00 2,997,750.00 06/30/202507/06/2020 2,963,970.003133ELQ49 -3,791.67 -33,780.000.7150.700 121 FNMA4538 3,250,000.00 3,248,862.50 07/14/202507/14/2020 3,206,385.003136G4YH0 2,970.14 -42,477.500.7070.700 135 FNMA4541 3,000,000.00 3,000,000.00 07/22/202507/22/2020 2,957,670.003136G4A45 2,307.50 -42,330.000.7100.710 143 FHLB4544 3,000,000.00 2,997,000.00 08/27/202508/27/2020 2,947,710.003130AJZ36 200.00 -49,290.000.6200.600 179 FHLMC4545 3,000,000.00 2,998,950.00 09/09/202509/09/2020 2,944,320.003134GWA55 9,316.67 -54,630.000.6570.650 192 FFCB4548 3,340,000.00 3,336,660.00 09/29/202510/05/2020 3,269,325.603133EMBJ0 7,474.18 -67,334.400.5500.530 212 FHLMC4547 3,000,000.00 3,000,000.00 09/30/202509/30/2020 2,936,580.003134GWW93 6,920.83 -63,420.000.5500.550 213 FHLMC4549 3,000,000.00 2,997,600.00 09/30/202510/07/2020 2,936,580.003134GWWT9 6,920.83 -61,020.000.5660.550 213 FHLMC4550 3,000,000.00 3,000,000.00 10/28/202510/28/2020 2,930,250.003134GW3F1 6,150.00 -69,750.000.6000.600 241 FHLB4553 3,000,000.00 2,996,250.00 11/25/202511/25/2020 2,921,430.003130AKGD2 4,560.00 -74,820.000.5950.570 269 FNMA4552 3,000,000.00 3,000,000.00 11/25/202511/25/2020 2,922,510.003135GA3W9 4,800.00 -77,490.000.6000.600 269 FHLMC4554 3,000,000.00 3,000,000.00 12/01/202512/01/2020 2,920,290.003134GXDM3 4,650.00 -79,710.000.6200.620 275 FHLB4555 3,000,000.00 3,000,000.00 01/22/202601/22/2021 2,906,880.003130AKQ74 2,031.25 -93,120.000.6250.625 327 FHLB4557 3,000,000.00 3,000,000.00 01/28/202601/28/2021 2,905,590.003130AKRN8 1,787.50 -94,410.000.6500.650 333 FNMA4556 3,000,000.00 3,000,000.00 01/28/202601/28/2021 2,903,490.003135G06R9 1,512.50 -96,510.000.5500.550 333 FHLB4558 3,000,000.00 3,000,000.00 02/12/202602/12/2021 2,901,300.003130AKXQ4 950.00 -98,700.000.1100.600 348 FHLB4560 3,000,000.00 3,000,000.00 02/17/202602/17/2021 2,899,590.003130AL3S1 729.17 -100,410.000.6250.625 353 FHLB4561 3,000,000.00 3,000,000.00 02/24/202602/24/2021 2,898,330.003130AL5X8 379.17 -101,670.000.6500.650 360 FHLB4562 3,125,000.00 3,122,500.00 02/24/202602/24/2021 3,018,468.753130AKXJ0 364.58 -104,031.250.6160.600 360 FHLB4563 3,000,000.00 3,000,000.00 02/24/202602/24/2021 2,901,930.003130ALCV4 437.50 -98,070.000.7500.750 360 FHLB4559 3,000,000.00 3,000,000.00 02/26/202602/26/2021 2,898,960.003130AKZ25 270.83 -101,040.000.6500.650 362 FHLB4572 3,000,000.00 2,989,560.00 02/26/202603/15/2021 2,904,570.003130ALGR9 354.17 -84,990.000.9220.850 362 FHLB4574 3,000,000.00 2,985,960.00 02/26/202603/18/2021 2,904,570.003130ALGR9 354.17 -81,390.000.9470.850 362 FHLB4577 3,000,000.00 2,982,510.00 02/26/202603/22/2021 2,904,570.003130ALGR9 354.17 -77,940.000.9710.850 362 FHLB4579 3,000,000.00 2,978,517.00 02/26/202603/31/2021 2,904,570.003130ALGR9 354.17 -73,947.001.0000.850 362 FHLB4565 3,000,000.00 3,000,000.00 03/16/202603/16/2021 2,895,690.003130ALDN1 11,000.00 -104,310.000.8000.800 380 FHLB4569 3,000,000.00 3,000,000.00 03/23/202603/23/2021 2,896,170.003130ALGC2 11,520.83 -103,830.000.8750.875 387 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM8) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
February 28, 2025
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
FHLB4576 3,000,000.00 2,987,700.00 03/23/202603/23/2021 2,896,170.003130ALGC2 11,520.83 -91,530.000.9590.875 387 FFCB4575 3,000,000.00 3,000,000.00 03/25/202603/25/2021 2,903,040.003133EMUK6 13,650.00 -96,960.001.0501.050 389 FHLB4571 3,000,000.00 3,000,000.00 03/30/202603/30/2021 2,898,300.003130ALMM3 12,583.33 -101,700.001.0001.000 394 FHLB4578 3,000,000.00 2,998,050.00 03/30/202603/30/2021 2,897,700.003130ALNT7 12,331.67 -100,350.000.9930.980 394 FHLB4581 3,000,000.00 2,996,250.00 03/30/202604/05/2021 2,898,300.003130ALMM3 12,583.33 -97,950.001.0251.000 394 FHLB4580 3,000,000.00 2,995,500.00 04/15/202604/15/2021 2,895,300.003130ALUC6 11,560.00 -100,200.001.0501.020 410 FHLB4585 2,795,000.00 2,795,000.00 05/19/202605/20/2021 2,689,935.953130AMCL4 8,077.55 -105,064.051.0191.020 444 FHLB4587 3,000,000.00 2,998,500.00 05/26/202605/26/2021 2,884,860.003130AMH62 7,916.67 -113,640.001.0101.000 451 FHLB4588 3,000,000.00 2,998,950.00 05/26/202605/26/2021 2,884,170.003130AMGW6 7,758.33 -114,780.000.9870.980 451 FHLB4590 2,750,000.00 2,746,562.50 05/26/202606/02/2021 2,640,357.503130AMHB1 6,349.83 -106,205.000.9000.875 451 FHLB4591 1,500,000.00 1,500,000.00 05/26/202606/02/2021 1,442,430.003130AMH62 3,958.33 -57,570.000.9991.000 451 FFCB4595 3,000,000.00 2,997,000.00 06/15/202606/24/2021 2,877,450.003133EMH21 5,700.00 -119,550.000.9200.900 471 FHLB4592 3,000,000.00 3,000,000.00 06/30/202606/30/2021 2,878,020.003130AMSL7 5,235.83 -121,980.001.0301.030 486 FHLB4594 3,000,000.00 3,000,000.00 06/30/202606/30/2021 2,879,550.003130AMYA4 5,439.17 -120,450.001.0701.070 486 FHLB4596 1,500,000.00 1,500,000.00 06/30/202606/30/2021 1,438,425.003130AN2Q2 2,541.67 -61,575.001.0001.000 486 FHLB4597 3,000,000.00 2,999,250.00 07/14/202607/14/2021 2,872,470.003130AMWK4 3,995.00 -126,780.001.0251.020 500 FHLB4598 3,000,000.00 2,983,500.00 09/30/202609/30/2021 2,853,690.003130AP2P9 11,576.67 -129,810.001.0330.920 578 FHLB4599 3,000,000.00 2,997,750.00 10/14/202610/14/2021 2,857,890.003130APC94 12,215.83 -139,860.001.0851.070 592 FHLB4600 530,000.00 526,947.20 11/24/202612/09/2021 504,999.903130APU78 1,856.47 -21,947.301.4201.300 633 FHLB4601 1,840,000.00 1,829,401.60 11/24/202612/09/2021 1,753,924.803130APUR4 6,445.11 -75,476.801.4201.300 633 FHLB4602 3,000,000.00 2,988,000.00 12/01/202612/09/2021 2,860,830.003130APVC6 10,312.50 -127,170.001.4581.375 640 FHLB4605 3,000,000.00 2,999,250.00 12/29/202601/03/2022 2,856,630.003130AQG80 7,336.67 -142,620.001.4251.420 668 FHLB4606 3,000,000.00 2,982,750.00 12/29/202601/10/2022 2,856,630.003130AQG80 7,336.67 -126,120.001.5401.420 668 FHLB4603 3,000,000.00 3,000,000.00 12/30/202612/30/2021 2,854,200.003130AQEC3 27,514.17 -145,800.001.3701.370 669 FHLB4604 3,000,000.00 2,998,500.00 12/30/202612/30/2021 2,854,470.003130AQEF6 27,614.58 -144,030.001.3851.375 669 FHLB4607 3,000,000.00 2,975,010.00 01/28/202702/08/2022 2,869,860.003130AQLD3 4,812.50 -105,150.001.9261.750 698 FHLB4608 3,000,000.00 2,995,500.00 02/25/202703/08/2022 2,886,300.003130AQW66 1,040.00 -109,200.002.1112.080 726 155,421,490.80150,387,602.50155,630,000.00155,421,490.80Subtotal and Average 334,141.20 -5,033,888.30400 0.9200.902 Supranationals
IFC7000 1,000,000.00 980,200.00 02/26/202606/28/2021 962,670.0045950VPS9 69.44 -17,530.000.9350.500 362 980,200.00962,670.001,000,000.00980,200.00Subtotal and Average 69.44 -17,530.00362 0.9350.500 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM8) 7.3.11
Par Value Book Value
Accrued
InterestMarket Value
February 28, 2025
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
241,861,283.11 236,109,433.74 242,091,038.85 1.927 329 1.894 833,466.91 -5,981,605.11242,039,662.99Total and Average Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM8) 7.3.11
Par Value
Stated
Rate
February 28, 2025
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
FREMON1093-4 232,414.16 232,414.163.54003/21/2025SYS-1094 12/21/2024 232,414.163.540 VCB1091-2 250,000.00 250,000.004.89004/11/2025SYS 1091 04/11/2024 250,000.004.890 482,414.16Certificates of Deposit - Bank Totals 482,414.160.004.240482,414.16 LAIF
LAIF5 53,283,263.05 53,283,263.054.480SYS5 53,283,263.054.480 53,283,263.05LAIF Totals 53,283,263.050.004.48053,283,263.05 Gov't Money Market
DRYFUS7-1 1,613,126.65 1,613,126.654.110X9USDCRGO 08/23/2024 1,613,126.654.110 DRYFUS7-2 352,479.25 352,479.254.110X9USDCRGO 12/05/2024 352,479.254.110 1,965,605.90Gov't Money Market Totals 1,965,605.900.004.1101,965,605.90 Medium Term Notes
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 3,000,000.00AA1.100 JDCC6073 500,000.00 491,705.004.50001/16/202924422EXH7 A Received01/15/2025 491,705.00A4.962 RBC6080 500,000.00 501,950.004.96501/24/202978017DAA6 A Received02/20/2025 501,950.00A4.854 BNYT6074 500,000.00 493,470.004.54302/01/202906406RBN6 Aa Received01/15/2025 493,470.00A4.902 ABBVIE6079 500,000.00 500,950.004.80003/15/202900287YDS5 A Received02/20/2025 500,950.00A4.747 UHGI6078 500,000.00 485,910.004.00005/15/202991324PEH1 A Received02/20/2025 485,910.00A4.741 MS6069 500,000.00 505,770.005.44907/20/202961747YFF7 A Received12/20/2024 505,770.00A5.162 BOFA6076 500,000.00 484,830.004.27107/23/202906051GHM4 A Received01/15/2025 484,830.00A5.029 JPMCC6070 500,000.00 504,480.005.29907/24/202946647PDU7 A Received12/20/2024 504,480.00A5.077 22,485,318.00Medium Term Notes Totals 22,485,318.000.001.93522,000,000.00 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 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11
Par Value
Stated
Rate
February 28, 2025
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
Treasury Securities - Coupon
UST2357 750,000.00 747,421.884.12510/31/202691282CLS8 Aaa12/20/2024 747,421.88AA3.433 UST2356 750,000.00 745,810.554.12511/15/202791282CLX7 Aaa12/20/2024 745,810.55AA4.331 UST2364 750,000.00 745,283.204.25001/15/202891282CMF5 Aaa01/15/2025 745,283.20AA4.476 UST2366 750,000.00 735,000.003.62505/31/202891282CHE4 Aaa Received02/20/2025 735,000.00AA3.748 UST2367 750,000.00 751,699.224.37508/31/202891282CHX2 Aaa Received02/20/2025 751,699.22AA4.305 UST2365 750,000.00 751,875.004.62509/30/202891282CJA0 Aaa Data Err01/15/2025 751,875.00AA4.555 4,477,089.85Treasury Securities - Coupon Totals 4,477,089.850.004.1434,500,000.00 Federal Agency Issues - Callable
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 FHLMC4549 3,000,000.00 2,997,600.000.55009/30/20253134GWWT9 Aaa Received10/07/2020 2,997,600.00AA0.566 FHLMC4550 3,000,000.00 3,000,000.000.60010/28/20253134GW3F1 Aaa10/28/2020 3,000,000.00AA0.600 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 3,000,000.00AA0.620 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 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PMS) 7.3.11
Par Value
Stated
Rate
February 28, 2025
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
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 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 2,995,500.00AA2.112 155,421,490.80Federal Agency Issues - Callable Totals 155,421,490.800.000.920155,630,000.00 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 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PMS) 7.3.11
Par Value
Stated
Rate
February 28, 2025
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
242,091,038.85Investment Totals 242,091,038.850.00241,861,283.11 1.894 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PMS) 7.3.11
Stated
Rate
Transaction
Date
February 1, 2025 through February 28, 2025
Activity By Type
Balance
Portfolio Management
CITY OF PLEASANTON
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Certificates of Deposit - Bank
482,414.16Subtotal
LAIF (Monthly Summary)
53,283,263.05Subtotal
Gov't Money Market (Monthly Summary)
Dryfus Govt Cash Mgmt 6727-1 151,380.414.110 0.00X9USDCRGO Dryfus Govt Cash Mgmt 6727-2 2,109,957.204.110 3,015,075.53X9USDCRGO 3,015,075.53 1,965,605.90Subtotal 2,261,337.61
Medium Term Notes
3M Company6053 0.002.000 02/14/2025 2,016,869.4888579YBH3 ABBVIE INC.6079 500,950.004.800 02/20/2025 0.0000287YDS5 ROYAL BANK OF CANADA6080 501,950.004.965 02/20/2025 0.0078017DAA6 UNITED HEALTH GROUP INC.6078 485,910.004.000 02/20/2025 0.0091324PEH1 2,016,869.48 22,485,318.00Subtotal 1,488,810.00
Federal Agency Issues - Coupon
2,995,657.09Subtotal
Treasury Securities - Coupon
U S TREASURY2366 735,000.003.625 02/20/2025 0.0091282CHE4 U S TREASURY2367 751,699.224.375 02/20/2025 0.0091282CHX2
0.00 4,477,089.85Subtotal 1,486,699.22
Federal Agency Issues - Callable
155,421,490.80Subtotal
Supranationals
980,200.00Subtotal
242,091,038.85Total 5,031,945.015,236,846.83
Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11
February 2024 through February 2025
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
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 1 217,493,941.37November 2024 70 1,540 3941.493 1.514 4.480 0 0 225,183,251.16December 2024 76 1,405 3451.775 1.799 4.480 6 1 241,044,442.47January 2025 80 1,384 3341.844 1.870 4.480 5 2 242,039,662.99February 2025 83 1,385 3291.868 1.894 4.480 5 1 Average 239,958,571.63 1.728% 1.752% 4.409 2 1 1,422 43474 Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11
February 2024 through February 2025
Distribution of Investments By Type
Portfolio Management
CITY OF PLEASANTON
AverageMarchFebruary April
2024 2024 by Period
JuneMay July
2024 2024
SeptemberAugust October
2024 2024
November January
2024 2025
February
2025Security Type
December
2024202420242024
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
20.5 28.121.5LAIF 27.0 19.028.3 17.3 13.819.1 22.0 22.013.7 22.0 21.1% Fidelity - Government Fund
Gov't Money Market 0.7 1.40.1 0.4 1.11.5 0.8 0.5%
Managed Pool Accounts -4
Passbook/Checking Accounts
11.5 10.411.4Medium Term Notes 9.9 11.09.7 10.2 9.910.5 9.4 9.59.9 9.3 10.2% Bankers Acceptances
Commercial Paper - Discount
1.3 1.11.2Federal Agency Issues - Coupon 1.2 1.31.1 1.3 1.41.3 1.2 1.21.4 1.2 1.3% Federal Agency Issues - Discount
Treasury Securities - Coupon 0.6 1.2 1.9 0.3%
Treasury Securities - Discount
66.2 59.865.4Federal Agency Issues - Callable 61.4 68.160.3 69.8 72.968.4 65.8 64.372.8 64.2 66.1%
0.4 0.40.4Supranationals 0.4 0.40.4 0.4 0.50.4 0.4 0.40.5 0.4 0.4% Miscellaneous Securities - Discount
Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11
February 28, 2025
Interest Earnings Summary
Month EndingFebruary 28 Fiscal Year To Date
Portfolio Management
CITY OF PLEASANTON
CD/Coupon/Discount Investments:
255,713.75Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
515,226.41
( 557,040.18)
1,512,074.02
507,818.84
( 605,322.56)
Less Accrued Interest at Purchase During Period ( 38,977.67) ( 92,785.23) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods
174,922.31
-16,869.48
1,321,785.07
-64,882.08
158,052.83 1,256,902.99
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:
5,623.86Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
318,240.50
( 131,298.79)
1,817,176.40
318,240.50
( 722,290.92)
Interest Earned during Period 192,565.57 1,413,125.98
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
367,487.88
-16,869.48
2,734,911.05
-64,882.08
350,618.40 2,670,028.97
Portfolio PLST
CC
Run Date: 03/31/2025 - 13:44 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11
Item #5
CITY COUNCIL AGENDA REPORT
April 15, 2025
Fire
TITLE: PUBLIC HEARING: RECEIVE ANY PROTESTS AND ADOPT A RESOLUTION TO APPROVE THE 2025 WEED ABATEMENT PROGRAM AND AUTHORIZE THE
ABATEMENT OF WEEDS, RUBBISH, DIRT, OR REFUSE UPON OR IN FRONT
OF CERTAIN DESCRIBED PROPERTIES WITHIN THE CITY OF PLEASANTON
SUMMARY
On March 4, 2025, as part of the 2025 Livermore-Pleasanton Fire Department (LPFD) Weed Abatement Program, the City Council adopted Resolution No. 2025-010 declaring that weeds, dirt, rubbish and refuse on or in front of specified properties constituted a public nuisance, ordering the abatement thereof, and setting a public hearing to hear objections to the proposed abatement. The purpose of this public hearing is for the City Council to hear and consider objections and order that the weeds be abated by a contractor.
RECOMMENDATION
Public Hearing: Receive any protests and adopt a resolution to approve the 2025 Weed Abatement Program and authorize the abatement of weeds, rubbish, dirt, or refuse upon or in front of certain described properties within the city of Pleasanton.
BACKGROUND
The weed abatement program, provided in Government Code Sections 39560 - 39588, establishes a mechanism for ensuring the removal of weeds, dirt, rubbish and refuse on specified properties that constitute a public nuisance. All the owners of properties included in the attached Exhibit A have been mailed a notice to abate the nuisance on their parcels.
In cases where there was an insufficient mailing address, the notice was posted conspicuously on the property. The notice included the public hearing date of April 15, 2025, and the deadline of May 31, 2025. Applicable weed abatement standards were also included depending upon which type of parcel was identified. Parcels have been categorized into three areas:
agricultural, parcels within the Wildland-Urban interface, and all others falling outside these two categories.
DISCUSSION
At this hearing, the City Council is charged with considering the proposed abatement on the enumerated properties. Staff recommends the City Council overrule any objections or amend the list of properties to be abated, and order the abatement. The City Council should then adopt the attached resolution, as amended (if at all), that orders a contractor to abate the weeds on the properties attached in Exhibit A.
After this hearing, fire inspectors will survey each parcel listed for compliance. A contractor will abate the weeds if abatement has not occurred by May 31, 2025. If related litigation (e.g., an abatement warrant) is required, the property owners will be responsible not only for the
abatement costs but also for all related attorneys' fees, expenses, and costs. At a public hearing this summer, staff will recommend that the City Council order that any unpaid abatement costs be a special assessment and a lien imposed on the properties requiring abatement.
EQUITY AND SUSTAINABILITY
The adoption of this resolution will enable LPFD to further its commitment to creating a safe and sustainable community by mitigating the risk of fire hazards arising from vegetation growth. This step will ensure the safety of our neighborhoods and will promote a healthier and more resilient environment for all residents.
OUTREACH
After the approval of Resolution 2025-010, staff sent a written notice to property owners regarding non-compliant parcels on their property. The notice declared these parcels as a nuisance. Along with this declaration, a notice about the public hearing scheduled for April 15, 2025, was sent to the property owners, which included information about the May 31, 2025, deadline to complete the abatement. The notice contained details about the weed abatement standards and a list of contractors for reference.
In mid-May, staff will send a reminder notice to the parcel owners to abate their parcels. During the first two weeks of June, staff will inspect the parcels for compliance. If a parcel does not comply with the standards, a violation notice will be sent through certified mail to the owner, and a notice of intent to abate hazardous vegetation on the parcel will also be posted. Staff will re-inspect the parcel, and if the parcel still fails to comply with the vegetation standard, a final notice will be sent through certified mail.
If the parcel is still non-compliant, staff will refer the parcel to the City Contractor and send a notice of the abatement action performed, the public hearing, and an invoice through certified mail to the parcel owner for a public hearing set on July 15, 2025.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton Strategic Plan goals of Safeguarding Our City, Strategy 6 - Implement high priority items from the 2022-2026 Livermore-Pleasanton Fire Department Strategic Plan.
FISCAL IMPACT
Property owners are invoiced for all work performed in addition to an administrative charge and, if related litigation is required, all attorneys’ fees, expenses, and costs. Unpaid amounts become a special assessment on the property owner’s tax bill. All costs of the Weed Abatement Program are budgeted in the professional services account.
Prepared by: Submitted by: Approved by:
Shiffon Smith
Shiffon Smith ,
Administrative Assistant
Joseph Testa, Fire Chief
Gerry Beaudin, City
Manager
Attachments:
1. Resolution
A ttachment 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLEASANTON APPROVING THE 2025 WEED ABATEMENT PROGRAM
AND AUTHORIZING THE ABATEMENT OF WEEDS, DIRT, RUBBISH OR REFUSE
UPON OR IN FRONT OF CERTAIN DESCRIBED PROPERTIES WITHIN THE
CITY OF PLEASANTON
WHEREAS, at its meeting of March 4, 2025, Council adopted Resolution No. 2025-0 10 declaring as a public nuisance all weeds, dirt, rubbish or refuse upon or in front of certain described properties within the City of Pleasanton as more particularly set forth in Exhibit “A”, attached hereto; and
WHEREAS, Resolution No. 2025- 010 was adopted pursuant to the provisions of Government Code Sections 39560-39588; and
WHEREAS, Resolution No. 2025-010 designated April 15 , 2025 , at the hour of 7:00 p.m., as the time, date and place to hear and consider objections to the abatement and removal of weeds, rubbish or refuse upon or in front of certain described properties within the City of Pleasanton; and
WHEREAS, the Livermore- Pleasanton Fire Department (LPFD) was charged with performing the duties imposed by Government Code Sections 39560- 39588, and LPFD did prepare notices to destroy weeds and remove rubbish and refuse; and WHEREAS, in accordance with Government Code Section 39567.1, LPFD mailed to all persons owning property described in Exhibit A or post on the property, written notice of the proposed abatement and the public hearing; and
WHEREAS, the City Council did hold a public hearing on April 15 , 2025 and no objections were presented; and
WHEREAS, abatement of the nuisance may be performed by the City or by a contractor; and
WHEREAS, before the weeds are abated by the City or a contractor, any property owner may remove the weeds, rubbish, or refuse at the property owner’s own expense.
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, or a contractor awarded the work by the City, is ordered to abate the nuisance declared by Resolution No. 2025-010 by causing the weeds, dirt, rubbish and refuse to be removed. The City, contractor, Livermore -Pleasanton Fire Department (LPFD) Fire Inspector, and Fire Inspector’s designee may enter upon private property to abate the nuisance.
Before the weeds are abated by the City or contractor, any property owner may remove the weeds, rubbish, or refuse at the property owner’s own expense.
SECTION 2 . LPFD shall keep an account of the abatement cost for each parcel on which work is done and shall submit to the City Council for consideration, hearing objections, modification, and confirmation, an itemized written report showing the cost pursuant to Government Code Section 39574.
S
ECTION 3 . The weed abatement costs, including an administrative charge, and if related litigation is required, all attorneys’ fees, expenses, and costs, shall be the responsibility of the property owner of the parcel of land where the work was done.
S
ECTION 4. This resolution shall become effective immediately upon its passage and adoption.
PA
SSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 15, 2025.
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 15 th day of April 2025, by the following vote:
A
yes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel G. Sodergren, City Attorney
City of Pleasanton Weed Abatement
2025 List of Parcels
Exhibit A
PARCEL NUMBER SITUS ADDRESS OWNER NAME(S)
1 941 2101 001 00 Equus Ct 1400 FOOTHILL LLC
2 941 2101 002 00 Equus Ct 1400 FOOTHILL LLC
3 941 2101 003 00 Equus Ct 1400 FOOTHILL LLC
4 941 2101 004 00 Equus Ct 1400 FOOTHILL LLC
5 941 2101 005 00 Equus Ct 1400 FOOTHILL LLC
6 941 2101 006 00 Equus Ct 1400 FOOTHILL LLC
7 941 2101 007 00 Foothill Rd 1400 FOOTHILL LLC
8 941 2101 008 00 Foothill Rd 1400 FOOTHILL LLC
9 941 2101 009 00 Foothill Rd 1400 FOOTHILL LLC
10 948 0016 002 15 990 Sycamore Rd 990SYCAMOREDEVCO LLC 11 941 -2100-011-00 4108 Foothill Rd AHMED IFTIKHAR M & SAADIA S TRS 12 941 -1710-008-00 Dublin Canyon Rd Aif Holding Co
13 941 -1302-002-07 Denker Dr Alameda County Flood Control 14 946 1101 009 02 Santa Rita Rd Alameda County Flood Control 15 946 4542 044 01 Bernal Ave Alameda County Flood Control 16 941 1302 002 32 Stoneridge Dr Alameda County Flood Control 17 941 -1002-091-00 MUIRWOOD DR ALAMEDA COUNTY FLOOD CONTROL 18 941 -1001-080-00 Muirwood Dr ALAMEDA COUNTY FLOOD CONTROL 19 946 -3573-001-00 Golden Eagle ALAMEDA COUNTY FLOOD CONTROL 20 946 -3572-117-00 Villa Loop ALAMEDA COUNTY FLOOD CONTROL 21 946 1251 029 00 3100 Valley ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION 22 946 1251 008 10 Valley Ave ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION 23 946 -4606-006-00 2500 VINEYARD AVE ALLADI NAGESWARA R & VASUDHA 24 946 4050 076 00 1913 Buckeye Ct ALOMARI AHMED & GARDI LANA TRS 25 947 0005 004 41 6085 Sunol Blvd Applera Corporation
26 947 0005 004 39 Sunol Blvd APPLERA CORPORATION
27 947 0005 004 40 6055 Sunol Blvd APPLERA CORPORATION
28 948 0004 005 21 4558 Bernal Ave AUFDERMAUR ANITA & AUFDERMAUR FRANK JR TR 29 948 0004 006 03 4534 Bernal Ave AUFDERMAUR ANITA & AUFDERMAUR FRANK JR TR 30 094 -0153-001-00 418 Rose Ave AUFDERMAUR FRANK JR TR 31 949 0017 046 00 6295 Clubhouse Dr BADHESHA JANG S & DENYSE T TRS 32 941 2100 006 00 4100 Foothill Rd BAMCG BRIDGE PARTNER LP 33 948 0009 002 00 5779 Sonoma Dr BENETTI FAMILY PROPERTIES 34 946 4603 007 00 2720 Crellin Rd BERATLIS CHRISTOPHER T & ERIKA M TRS 35 946 4603 008 00 2708 Crellin Rd BERATLIS CHRISTOPHER T & ERIKA M TRS 36 946 4603 009 00 2999 Cresta Blanca Dr BERATLIS CHRISTOPHER T & ERIKA M TRS 37 946 4603 012 00 23 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 38 946 4603 013 00 31 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 39 946 4603 014 00 39 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 40 946 4603 015 00 47 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 41 946 4603 016 00 55 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 42 946 4603 017 00 63 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 43 946 4603 019 00 19 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 44 946 4603 020 00 24 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 45 946 4603 021 00 16 Beratlis Pl BERATLIS CHRISTOPHER T & ERIKA M TRS 46 946 -1704-010-03 327 LINDEN WAY BHULLAR GURBIR S & SANDHU AMANDEEP K ETAL 47 946 3946 013 00 8999 Longview Dr BOATRIGHT JOSEPH E & GLORIA B ETAL 48 941 2761 003 00 4300 Hacienda Dr BOEHRINGER MANNHEIM CORPORATION
3.4.2025
City of Pleasanton Weed Abatement
2025 List of Parcels
Exhibit A
49 941 1980 019 01 8053 Bethel Ln BOOCK THOMAS A & LISA L 50 941 -1580-044-00 Canyon Creek Blvd CANYON CREEK OF PLEASANTON OWNERS ASSOCIATION 51 941 -1580-045-02 Canyon Creek Blvd CANYON CREEK OF PLEASANTON OWNERS ASSOCIATION 52 950 0010 002 06 E Ruby Hill Dr CF ARCIS IX LLC Attention: Brendan Finley 53 950 -0010-011-00 2790 E Ruby Hill Dr CF ARCIS IX LLC Attention: Brendan Finley 54 950 -0010-001-00 E Ruby Hills Dr CF ARCIS IX LLC Attention: Brendan Finley 55 950 -0010-003-03 E Ruby Hill Dr CF ARCIS IX LLC Attention: Brendan Finley 56 946 4602-001-02 2287 Vineyard Ave Chateau Country Estates Maintenance Association, The Helsing Group
57 946 4602-002-00 2287 Vineyard Ave Chateau Country Estates Maintenance Association, The Helsing Group
58 946 2528 006 06 3574 Vineyard Ave Church of Latter Day Saints Corp Presiding Bishop 59 946 -4619-022-02 1012 Shotwell Ct COHN GREGORY L & MARISSA A TRS 60 946 4547 214 00 1039 Serpentine Ln Common Area of PM 7121 206 thru 213 61 950 -0007-011-00 E Vallecitos Rd COMMON AREA TR 6452 62 950 -0029-045-00 Bandisi Pl COMMON AREA TR 7158
63 950 -0029-044-00 W Ruby Hills COMMON AREA TR 7158
64 946 4628 002 00 1944 Three Oaks Dr COMMON AREA TR 7660 65 941 -1311-019-07 7200 Johnson Dr COSTCO WHOLESALE CORPORATION 66 946 1251 008 11 Valley Ave County of Alameda
67 946 4628 001 00 1944 Three Oaks Dr D R Horton CA2 Inc 68 950 0027 018 00 1553 Via Di Salerno DAI JIA
69 949 0019 014 00 6356 Inspiration Terrance DAMARAJU SRINIVASA R & ROYYURU MANISHA TRS 70 946 4606 003 00 750 Pietronave Ln DESALE PRAVINCHANDRA J & MANISHA 71 946 -1250-010-03 3320 Stanley Blvd East Bay Regional Park District 72 948 0018 012 00 900 Roselma Pl EMMETT ROGER A TR
73 950 0005 004 00 1364 Vineyard Ave Foley Coleman M Jr 74 946 4585 050 00 8244 Fondray Ct Fondray Llc
75 946 4585 052 00 8278 Sassafras Ct Ford John R & Ruth A TRS 76 949 0017 042 00 6215 Clubhouse Dr GEENI CHINNI K & VODNALA SRILATHA TR 77 946 4599 004 01 27 Grey Eagle Ct GODIL ASIF A & BUSHRA A TRS 78 941 2786 110 00 Montalvo Ct GOLD CREEK OF PLEASANTON HOMEOWNERS ASSOCIATION 79 946 3945 014 00 Golden Eagle Way GOLDEN EAGLE ESTATES HOMEOWNERS ASSOCIATION 80 946 3945 015 00 Golden Eagle Way Golden Eagle Estates Homeowners Association 81 941 -2857-001-00 11300 Dublin Canyon Rd GREEK ORTHODOX CHURCH OF RESURRECTION 82 948 0023 028 00 5658 Sunset Creek Ct GREWAL GURINDER K & NAVDEEP S 83 946 4567 012 03 28 Grey Eagle Ct GROVE ROBERT E & PAMELA R TRS 84 941 -1710-010-01 11991 Dublin Canyon Rd Hana Yoon Corporation 85 946 4614 013 00 2770 Vineyard Ave HATSUSHI KAZUO K & TAKIKO TRS 86 946 4614 015 00 5 Hatsushi Ter HATSUSHI TAKIKO TR
87 946 4614 016 00 9 Hatsushi Ter HATSUSHI TAKIKO TR
88 946 4614 017 00 13 Hatsushi Ter HATSUSHI TAKIKO TR
89 946 4614 018 00 2798 Vineyard Ave HATSUSHI TAKIKO TR 90 946 4614 019 00 2798 Vineyard Ave HATSUSHI TAKIKO TR 91 949 0004 021 00 6628 Amber Ln HILL SCOTT R & HILL LISA M TRS 92 946 4574 005 00 3747 Trenery Dr HOANG LY T TR
93 946 4606 004 00 2500 Vineyard Ave HOMER DENNIS G & LINDA M TRS 94 949 0017 037 03 6115 Club House Dr HULE PARESH & PAWAR JAYASHREE TRS 95 946 4567 009 03 23 Grey Eagle Ct HUMPHREY MALCOLM J & DAWN M TRS
3.4.2025
City of Pleasanton Weed Abatement
2025 List of Parcels
Exhibit A
49 941 1980 019 01 8053 Bethel Ln BOOCK THOMAS A & LISA L 50 941 -1580-044-00 Canyon Creek Blvd CANYON CREEK OF PLEASANTON OWNERS ASSOCIATION 51 941 -1580-045-02 Canyon Creek Blvd CANYON CREEK OF PLEASANTON OWNERS ASSOCIATION 52 950 0010 002 06 E Ruby Hill Dr CF ARCIS IX LLC Attention: Brendan Finley 53 950 -0010-011-00 2790 E Ruby Hill Dr CF ARCIS IX LLC Attention: Brendan Finley 54 950 -0010-001-00 E Ruby Hills Dr CF ARCIS IX LLC Attention: Brendan Finley 55 950 -0010-003-03 E Ruby Hill Dr CF ARCIS IX LLC Attention: Brendan Finley 56 946 4602-001-02 2287 Vineyard Ave Chateau Country Estates Maintenance Association, The Helsing Group
57 946 4602-002-00 2287 Vineyard Ave Chateau Country Estates Maintenance Association, The Helsing Group
58 946 2528 006 06 3574 Vineyard Ave Church of Latter Day Saints Corp Presiding Bishop 59 946 -4619-022-02 1012 Shotwell Ct COHN GREGORY L & MARISSA A TRS 60 946 4547 214 00 1039 Serpentine Ln Common Area of PM 7121 206 thru 213 61 950 -0007-011-00 E Vallecitos Rd COMMON AREA TR 6452 62 950 -0029-045-00 Bandisi Pl COMMON AREA TR 7158
63 950 -0029-044-00 W Ruby Hills COMMON AREA TR 7158
64 946 4628 002 00 1944 Three Oaks Dr COMMON AREA TR 7660 65 941 -1311-019-07 7200 Johnson Dr COSTCO WHOLESALE CORPORATION 66 946 1251 008 11 Valley Ave County of Alameda
67 946 4628 001 00 1944 Three Oaks Dr D R Horton CA2 Inc 68 950 0027 018 00 1553 Via Di Salerno DAI JIA
69 949 0019 014 00 6356 Inspiration Terrance DAMARAJU SRINIVASA R & ROYYURU MANISHA TRS 70 946 4606 003 00 750 Pietronave Ln DESALE PRAVINCHANDRA J & MANISHA 71 946 -1250-010-03 3320 Stanley Blvd East Bay Regional Park District 72 948 0018 012 00 900 Roselma Pl EMMETT ROGER A TR
73 950 0005 004 00 1364 Vineyard Ave Foley Coleman M Jr 74 946 4585 050 00 8244 Fondray Ct Fondray Llc
75 946 4585 052 00 8278 Sassafras Ct Ford John R & Ruth A TRS 76 949 0017 042 00 6215 Clubhouse Dr GEENI CHINNI K & VODNALA SRILATHA TR 77 946 4599 004 01 27 Grey Eagle Ct GODIL ASIF A & BUSHRA A TRS 78 941 2786 110 00 Montalvo Ct GOLD CREEK OF PLEASANTON HOMEOWNERS ASSOCIATION 79 946 3945 014 00 Golden Eagle Way GOLDEN EAGLE ESTATES HOMEOWNERS ASSOCIATION 80 946 3945 015 00 Golden Eagle Way Golden Eagle Estates Homeowners Association 81 941 -2857-001-00 11300 Dublin Canyon Rd GREEK ORTHODOX CHURCH OF RESURRECTION 82 948 0023 028 00 5658 Sunset Creek Ct GREWAL GURINDER K & NAVDEEP S 83 946 4567 012 03 28 Grey Eagle Ct GROVE ROBERT E & PAMELA R TRS 84 941 -1710-010-01 11991 Dublin Canyon Rd Hana Yoon Corporation 85 946 4614 013 00 2770 Vineyard Ave HATSUSHI KAZUO K & TAKIKO TRS 86 946 4614 015 00 5 Hatsushi Ter HATSUSHI TAKIKO TR
87 946 4614 016 00 9 Hatsushi Ter HATSUSHI TAKIKO TR
88 946 4614 017 00 13 Hatsushi Ter HATSUSHI TAKIKO TR
89 946 4614 018 00 2798 Vineyard Ave HATSUSHI TAKIKO TR 90 946 4614 019 00 2798 Vineyard Ave HATSUSHI TAKIKO TR 91 949 0004 021 00 6628 Amber Ln HILL SCOTT R & HILL LISA M TRS 92 946 4574 005 00 3747 Trenery Dr HOANG LY T TR
93 946 4606 004 00 2500 Vineyard Ave HOMER DENNIS G & LINDA M TRS 94 949 0017 037 03 6115 Club House Dr HULE PARESH & PAWAR JAYASHREE TRS 95 946 4567 009 03 23 Grey Eagle Ct HUMPHREY MALCOLM J & DAWN M TRS
3.4.2025
City of Pleasanton Weed Abatement
2025 List of Parcels
Exhibit A
141 948 0002 001 08 Sunol Rd PLEASANTON HILLS OWNERS ASSOCIATION 142 948 0002 040 00 Monaco Dr PLEASANTON HILLS OWNERS ASSOCIATION 143 948 0003 025 00 Puerto Vallarta PLEASANTON HILLS OWNERS ASSOCIATION 144 948 0003 062 05 Dolores Dr PLEASANTON HILLS OWNERS ASSOCIATION 145 946 4619 001 00 Vineyard Ave Pleasanton Unified School District 146 941 1980 015 03 5130 Foothill Rd PODDATOORI PRATAP & ARUNA TRS 147 946 -3479-004-00 1851 Rose Ave PONDEROSA HOMES II INC 148 941 -1700-014-02 Dublin Canyon Rd Preserve Community Association 149 941 -1700-016-04 Laurel Creek Dr Preserve Community Association 150 941 1713 019 06 Laurel Creek Dr Preserve Community Association 151 946 -1710-009-00 VIRGINIA WAY PRYOR KENT H & ALICE S TRS 152 946 -1706-001-00 Linden Way PRYOR KENT H & ALICE S TRS 153 949 0004 017 00 6644 Amber Ln RANDERI CHETAN & VAISHALI BHAVSAR TRS 154 946 4567 014 00 4 Red Feather Ct RAYMER LAURA TR
155 946 1350 015 07 1 Brozosky Hill Ln REDDY VIJAYALAKSHMI M 156 094 -0156-022-00 Old Bernal Ave Rideli LLC
157 946 1350 015 19 1666 Frog Hill Ln/Vineyard ROBERTS FORD G & MARY L TRS 158 946 4440 017 00 7882 Foothill Rd ROBINSON TONI L TR 159 946 4550 003 03 4001 Stoneridge Dr Roman Catholic Bishop Of Oakland 160 946 4550 017 04 Oakland Ave Roman Catholic Bishop Of Oakland 161 946 2550 014 01 3999 Bernal Ave Roman Catholic Welfare Corporation of Oakland 162 946 -3479-001-02 1851 Rose Ave ROSE BLOOM LLC
163 946 1100 012 00 3640 Old Santa Rita Rd ROSE WILLIAM A & ALLEY LAUREN J 164 950 -0010-013-00 2900 E Ruby Hill Dr RUBY HILL DEVELOPMENT JOINT VENTURE c/o Peachtree 165 950 -0010-012-00 2900 E Ruby Hill Dr RUBY HILL DEVELOPMENT JOINT VENTURE c/o Peachtree 166 950 -0023-013-05 E Vallecitos Rd RUBY HILL DEVELOPMENT JOINT VENTURE LP c/o Peachtree 167 950 -0010-026-04 E Ruby Hills Dr RUBY HILL OWNERS ASSOCIATION c/o Peachtree 168 950 -0028-006-00 Ticino Ct RUBY HILL OWNERS ASSOCIATION c/o Peachtree 169 950 -0023-005-02 E Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION c/o Peachtree 170 950 -0023-006-04 Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION c/o Peachtree 171 950 -0023-007-00 E Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION c/o Peachtree 172 950 -0022-037-00 Paladin Way RUBY HILL OWNERS ASSOCIATION c/o Peachtree 173 950 -0021-049-03 Mercato Ct RUBY HILL OWNERS ASSOCIATION c/o Peachtree 174 950 -0017-080-00 Via Di Salerno RUBY HILL OWNERS ASSOCIATION c/o Peachtree 175 950 -0023-008-00 Campinia Pl RUBY HILL OWNERS ASSOCIATION c/o Peachtree 176 950 -0028-005-00 2280 Manzano Ct RUBY HILL OWNERS ASSOCIATION c/o Peachtree 177 950 -0014-079-00 W Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION c/o Peachtree 178 950 -0014-084-01 W Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION c/o Peachtree 179 950 -0014-063-00 Zenato Pl RUBY HILL OWNERS ASSOCIATION c/o Peachtree 180 950 0028 001 00 3599 Valenza Way Ruby Hill Owners' Association c/o Peachtree C.A.S, Inc 181 946 1250 026 03 Stanley Blvd S P CO 872-1-97E-POR 16 182 946 1251 025 01 Stanley Blvd S P CO 872-1-97E-POR 18 183 946 1251 025 02 Stanley Blvd S P CO 872-1-97E-POR 18 184 949 0017 045 00 6275 Clubhouse Dr SAMI REALTY LLC
185 946 4617 001 00 1 Tuscany Pl SARICH DANIEL M & BELINDA A TRS 186 941 2778 012 00 4747 Willow Rd Shaq De Qrs 15 75 Inc 187 950 0005 005 00 Vineyard Ave SILVER BEAR
188 946 4609 010 05 2287 Vineyard Silver Oaks Pleasanton Homeowners Association 189 946 4609 011 00 2287 Vineyard Silver Oaks Pleasanton Homeowners Association
3.4.2025
City of Pleasanton Weed Abatement
2025 List of Parcels
Exhibit A
236 946 1250 025 04 Mohr Ave W P Co 843-1-21A-32
237 947 0008 012 00 Bernal Ave W P Co 843-1-21A-Por-25
238 947 0008 014 00 Bernal Ave W P CO 843-1-21A-POR-25
239 946 -4590-003-00 CASTLEWOOD DR W P CO 843-1-21A-POR-25 240 947 -0008-013-00 Bernal Ave W P CO 843-1-21A-POR-25 241 946 4608 007 00 2505 Yolanda Ct WALL ERIC D & MICHELE 242 947 0012 003 00 Sterling Greens Walnut Hills HOA c/o Community Association Management 243 947 0012 001 00 Sterling Greens Circle Walnut Hills HOA c/o Community Association Management 244 946 1350 036 00 83 Silver Oaks Terrace WARE WILLIE J & MINDY L 245 946 4567 013 01 6 Red Feather Ct WU FRANK & MENG PRISCILLA TRS 246 941 2100 013 00 4100 Foothill Rd YERRAM MAMATHA & KOVI SRINIVASA K 247 941 2819 008 00 11933 Dublin Canyon Rd YOON DANIEL B & JEENEE S TRS 248 946 4623 013 00 W Las Positas Blvd ZAHERI MATHEW
249 946 -4598-001-00 1333 Montrose Pl ZHANG LINXIN
3.4.2025
Item #6
CITY COUNCIL AGENDA REPORT
April 15, 2025
Fire
TITLE: INTRODUCE AN ORDINANCE DESIGNATING FIRE HAZARD SEVERITY ZONES
SUMMARY
The State Fire Marshal has identified areas within the city of Pleasanton as moderate and high fire hazard severity zones utilizing consistent statewide criteria based on fuel loading, slope, fire weather, and other relevant factors. On February 24, 2025, the Livermore-Pleasanton Fire Department received a map transmittal identifying the city's fire hazard severity zones. Within 30 days of the transmission, the information must be made available for public review and comment. Within 120 days of the transmission, the City shall adopt, by ordinance, the moderate, high, and very high fire hazard severity zones within its jurisdiction.
RECOMMENDATION
Adopt an ordinance designating the fire hazard severity zones within the jurisdiction of the city of Pleasanton as provided to the Livermore-Pleasanton Fire Department by the State Fire Marshal.
BACKGROUND
Government Code Section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
Government Code Section 51178.5 requires that within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones the City and Livermore- Pleasanton Fire Department shall make the information available for public review and comment.
Government Code Section 51179 requires that the City and Livermore-Pleasanton Fire Department shall designate, by ordinance, moderate, high, and very high fire hazard severity zones the City within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
DISCUSSION
At this hearing, the City Council is charged with adopting an ordinance designating the moderate and high fire hazard severity zones within the city of Pleasanton. The designations were made by the State Fire Marshal and provided to the Livermore-Pleasanton Fire Department. The City and Livermore-Pleasanton Fire Department can elect to designate areas beyond those recommended by the State Fire Marshal but can be no less restrictive than the maps as recommended by the State Fire Marshal (see Exhibit A of Attachment 1 for map).
Staff recommends adopting the map as provided by the State Fire Marshal. Provisions have been made within the ordinance to ensure future annexations that have a fire hazard severity zone designation will retain their designation when annexed within the city boundaries.
EQUITY AND SUSTAINABILITY
The adoption of this ordinance will enable the Livermore-Pleasanton Fire Department to further its commitment to creating a safe and sustainable community by mitigating the risk of fire hazards by assuring those areas are built and maintained to the applicable Code and Standards to address the increased predicted fire severity. This step will ensure the safety of our neighborhoods and will promote a healthier and more resilient environment for all residents.
OUTREACH
This information was posted on the City's website and the Livermore-Pleasanton Fire Department website.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton Strategic Plan goals of Safeguarding Our City, Strategy 6, to implement high-priority items from the 2022-2026 Livermore-Pleasanton Fire Department Strategic Plan.
FISCAL IMPACT
There is no fiscal impact associated with this action at this time. Future costs might be incurred related to the enforcement of the state adopted laws, regulations, and standards within the designated fire hazard severity zones which must be enforced by the City and Livermore- Pleasanton Fire Department.
Prepared by: Submitted by: Approved by:
Shiffon Smith
Shiffon Smith ,
Administrative Assistant
Joseph Testa, Fire Chief
Gerry Beaudin, City
Manager
Attachments:
1. Ordinance
ORDINANCE NO.
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO
DESIGNATE FIRE HAZARD SEVERITY ZONES
W
HEREAS, Government Code Section 51178 requires the State Fire Marshal shall identify areas in the State as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread; and
W
HEREAS, Government Code Section 51178.5 requires that within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps; and W
HEREAS, Government Code Section 51179 requires that the local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SEC
TION 1. The City hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. The Fire Hazard Severity Zones are identified on the City of Pleasanton – Alameda County – Local Responsibility Area Fire Hazard Severity Zones Map dated February 24, 2025.
SECTION 2. The map provided on February 24, 2025 titled City of Pleasanton – Alameda County – Local Responsibility Area Fire Hazard Severity Zones, approved by the city, is hereby incorporated by reference as Exhibit A, and entitled “City of Pleasanton Fire Hazard Severity Zones.”
SEC
TION 2. If a parcel or parcels currently outside of the City limits are annexed into the City, and the parcel or parcels were identified as State Responsibility Area with a Fire Hazard Severity Zone, the classification from the State Responsibility Area map effective April 1, 2024 will remain. The City of Pleasanton Fire Hazard Severity Zones map referenced above will be amended to include the incorporated areas as well as their Fire Hazard Severity Zones.
SEC
TION 4. 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.
ATTACHMENT 1
Ordinance No.
SECTION 5. 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 April 15, 2025 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Jack Balch, Mayor
ATTEST:
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
Daniel G. Sodergren, City Attorney
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Protection mak
e no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified b
y the Office of the State Fire Marshal
as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to pre
vail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderat
e, high,
and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:58,000 at 11" x 17"
0 1 2 3 4Km
0 1 2Mi
High Moderate
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the Stat
e Fire Marshal
Pleasanton
680
580
UNINCORPORATED
ALAMEDA CO.
UNINCORPORATED
ALAMEDA CO.
DUBLIN
FREMONT
HAYWARD
LIVERMORE
SAN RAMON
UNION CITY
A L A M E D AC O .
February 24, 2025
As Identified by the
State Fire Mar
shal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF PLEASANTON – ALAMEDA COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1
, 2024
Exhibit A
Item #7
CITY COUNCIL AGENDA REPORT
April 15, 2025
Police
TITLE: APPROVE ANNUAL STREET CLOSURES FOR 2025
SUMMARY
The Pleasanton Municipal Code requires City Council approval of parades and special events, which necessitate the temporary closure of city streets and temporary parking restrictions.
RECOMMENDATION
Approve the special events street closures for 2025.
BACKGROUND
During 2025, 15 special events are planned which will require street closures or parking restrictions. Staff recommends the City Council approve these events for the calendar year.
DISCUSSION
Advance approval for most events will streamline the approval process without sacrificing City input and control.
If approval is granted for the stated events (Attachment 1), the Police Department will continue to process all event applications as in prior years. Event organizers will be required to submit a parade/street closure application, an insurance policy to indemnify the City from liability associated with the event, and detailed information about the operation of the event. Police Department staff will ensure event organizers effectively manage community notifications of potential event impacts as well as associated roadway closures.
Prior to each event, the Police Chief will declare that an unusual condition exists, thereby allowing city streets to be temporarily closed and authorizing temporary parking controls on affected streets to be enforced.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.
OUTREACH
Not applicable, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
This action supports the ONE Pleasanton strategic plan goal of Building a Community Where Everyone Belongs to foster community engagement and conduct effective planning to promote a livable and economically vibrant community.
FISCAL IMPACT
These closure events will require Police Department overtime hours for street closures and event staffing relating to 15 special events (14 with fiscal impact) this year, although anticipated to be a decrease from 2024. The Streets Division will need regular and overtime hours to prepare for, set up, and remove barriers, cones, and barricades for the special events noted in this report. The number of Police and Public Works staff hours will be determined based on the logistics and details of each individual event. Direct City support can be recovered on an actual cost basis for all special events; pre-event estimates will be provided to event organizers.
Prepared by: Submitted by: Approved by:
Jason Knight, Police
Sergeant
Tracy Avelar, Police Chief
Gerry Beaudin, City
Manager
Attachments:
1. Street Closures 2025
Attachment 1
Recommended Annual Street Closures
Month Event Name Location
April
29 PPIE 5/10/15k Main Street/various neighborhood
May
*31 Dash for Cash Franklin/Johnson
June
6-8 Weekend on Main Street Main St.
August
1-3 Weekend on Main Street Main St.
1,8,15,22,29 Concert in the Park Neal Street from Railroad and First St. 16 Soccer Parade Main Street and nearby streets
October
25 FHS Band Parade Main Street and nearby streets
26 Spirit Halloween Run Main Street and nearby streets
November
9 Veteran’s Day Parade Main Street and nearby streets
December
TBD Hometown Holiday Parade Main Street and nearby streets 5-7 Weekend on Main Street Main St.
*No Fiscal Impact
Item #8
CITY COUNCIL AGENDA REPORT
April 15, 2025
Public Works - Utilities Division
TITLE: ADOPT A RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER
TO EXECUTE AN AGREEMENT FOR POST-COLLECTION OF RECYCLABLE
MATERIALS PROCESSING AND DIVERSION SERVICES BETWEEN THE CITY
OF PLEASANTON AND GREENWASTE RECOVERY, LLC
SUMMARY
The City of Pleasanton distributed a Request for Proposals (RFP) on September 16, 2024, as part of a competitive procurement process to secure a recyclables materials processing and diversion services provider. The City’s goal for the RFP was to obtain cost-effective recycling processing services at environmentally-compliant facilities. After evaluating proposals from three qualified vendors, City staff and the City Council Waste and Recycling Subcommittee found GreenWaste Recovery, LLC. (GreenWaste) to be the most qualified option.
GreenWaste’s proposal offers the lowest tipping fee, a high diversion rate, strong compliance with the statewide recycling policy, and a flexible material acceptance approach, ensuring long-term sustainability and financial stability for the City’s recycling program.
RECOMMENDATION
Staff and the Waste and Recycling Subcommittee recommend the City Council adopt a resolution to approve and authorize the execution of an Agreement for Recyclables Materials Processing and Diversion Services between the City of Pleasanton and GreenWaste Recovery, LLC., subject to final review and incorporation of non-substantive clerical and administrative corrections. The agreement is fully negotiated and provided with this report (see Attachment 1).
BACKGROUND
The City has an exclusive agreement with Pleasanton Garbage Service, Inc. (PGS) for the collection and transport of Solid Waste, Recyclable Materials, and Organic Materials Services (Agreement). This Agreement became effective July 1, 2018, and expires on June 30, 2029.
On June 23, 2017, at the City’s request, PGS submitted a proposal for a new Agreement.
During negotiations, both parties acknowledged the necessity of a public bidding process to secure post-collection processing services for organic and recyclable materials. This was due to PGS’s inability to obtain favorable pricing for organics processing and the high cost of processing recyclables at the PGS transfer station, which operates at a lower volume and incurs relatively high per-ton operational costs.
In 2018, the City and PGS finalized the Agreement, which established that PGS would not be responsible for processing organic and recyclable materials but would be required to transport those materials to a facility designated by the City. Section 5.13.11 of the Agreement, titled “Alternative Facility Designation by City,” grants the City authority to direct PGS to deliver organics and recyclable materials to a designated facility.
That same year, the City conducted a public procurement process to secure a provider for recyclable materials processing. However, due to the implementation of China’s “National Sword” policy, which imposed strict contamination standards for recyclable materials and restricted the import of solid waste, the City did not receive any proposals. As a result, PGS agreed to continue providing recyclable materials processing services until the City identified an alternative provider. In the interim, PGS secured third-party organics processing capacity at rates and terms acceptable to the City, addressing the need for that service.
By 2024, with the introduction of a new statewide recycling policy (SB 54) that mandates higher levels of material recovery and an improved market for recycling services, the City determined it was appropriate to seek a new recyclable materials processing service provider.
On September 16, 2024, the City issued an RFP for recyclable materials processing and diversion services. Three qualified proposals were received, and the City undertook a comprehensive evaluation process to determine the most suitable provider.
DISCUSSION
The City conducted a competitive procurement process to secure a new recyclable materials processing and diversion service provider. The key milestones in the RFP process were as follows:
Three proposals were received from Cal-Waste Industries (Cal-Waste), Republic Services, Inc (Republic), and GreenWaste. Staff performed a preliminary review of all proposals to ensure they adhered to the requirements specified in the RFP. Following a compliance check, a shortlist was developed based on presented costs: Republic and GreenWaste. Staff then conducted a detailed evaluation based on proposal evaluation criteria. To gain a deeper understanding of the proposers, the City conducted interviews and facility tours with Republic and GreenWaste.
Based on the city’s due diligence review and evaluation of the proposals received, consistent with the evaluation criteria established in the RFP, staff determined that GreenWaste is the most favorable option for the City based on various factors, including cost-effectiveness, processing capabilities, compliance with SB 54 requirements, and overall service quality.
Evaluation Considerations
In March, City staff and the City Council Waste and Recycling Subcommittee met to review the final proposal and agreement terms and to make a recommendation to the City Council for the selection of a contractor. Staff and the Waste and Recycling Subcommittee find that GreenWaste offers the City the best overall value among the proposals received and recommend the City Council award the Agreement to GreenWaste.
The following summarizes the key value differences that form the basis for the recommendation (details are included in Attachment 2):
• Cost of Services - GreenWaste offered a significantly lower tipping fee, which is the cost to dispose of waste at the landfill, of $90.00 per ton compared to Republic’s $250.22 per ton, leading to substantial cost savings for the City. • Revenue Share to City - While both GreenWaste and Republic offer 95 percent revenue share to the City, GreenWaste provides additional value by guaranteeing that less than 10 percent of the material that cannot be recycled, known as “residue”, will contain marketable recyclable materials, ensuring higher material recovery. • Diversion Rate Guarantee - GreenWaste committed to a higher diversion rate guarantee (80 percent versus Republic’s 70 percent), ensuring more materials are recovered and diverted from landfills.
• Acceptance List/Market Value - GreenWaste also demonstrated a more flexible and comprehensive approach to material acceptance by including commodities with inconsistent markets such as film plastics, large rigid plastics (children's toys), aseptic containers (cartons), and textiles, whereas Republic had a more restrictive list. This adaptability aligns well with the City’s evolving recycling needs. • Responsiveness to SB 54 - GreenWaste exhibited greater responsiveness to SB 54 regulations, working proactively with the City to revise accepted materials and adapt to regulatory changes, ensuring compliance and operational efficiency. • Exceptions to Agreement - GreenWaste had fewer exceptions to the agreement (106 versus Republic’s 122), indicating fewer contractual challenges. • Facility Distance from PGS Transfer Station - Although GreenWaste’s facility is in San Jose, approximately 27 miles away from the PGS Transfer Station, its overall costs remain lower, even with the increased distance.
The Agreement would begin on July 1, 2025, and continue through June 30, 2029, unless extended for up to additional five years.
EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all members of the community. The waste and recycling program takes into account both equity and sustainability considerations to ensure fair access to services and promote environmentally responsible waste management practices. Consulting assistance for waste disposal is vital to ensuring that the services the City provides are available in a healthy and safe manner to all members of the Pleasanton community.
OUTREACH
On March 5, 2025, a publicly-noticed City Council Waste and Recycling Subcommittee meeting was held.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment to continue to implement priority items from the Climate Action Plan 2.0 (CAP) to lead by example in environmental sustainability.
FISCAL IMPACT
In adopting the resolution for the proposed Agreement with Greenwaste, GreenWaste shall remit 95 percent of the calculated value associated with the contractor’s recovery of the City’s recyclable materials delivered to the City under this Agreement. The value shall be calculated in accordance with the Revenue Sharing Calculation, established annually and divided into 12 equal installments. Revenue for this Agreement is an estimated $1 million per year and will be allocated to the PGS Reserve Fund 171.
Prepared by: Submitted by: Approved by:
Siew-Chin Yeong, Director
of Public Works
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:
1. Agreement Between City of Pleasanton and GreenWaste Recovery, LLC for Recyclable Materials Processing and Diversion Services
2. Evaluation Summary
3. Resolution
DRAF
T AGREEMENT
BETWEEN
THE CITY OF PLEASANTON
AND
GREENWASTE RECOVERY, LLC
FOR
RECYCLABLE MATERIALS PROCESSING AND DIVERSION
SERVICES
APRIL 1, 2025
ATTACHMENT 1
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April 1, 2025 i City of Pleasanton/GreenWaste Recovery, LLC
TABLE OF CONTENTS
RECITALS ...................................................................................................................... 1 ARTICLE 1 DEFINITIONS .............................................................................................. 2 ARTICLE 2 GRANT AND ACCEPTANCE OF AGREEMENT ...................................... 13
2.1 Scope of Agreement ................................................................................. 13
2.2 Change in Marketability of Materials ......................................................... 14
2.3 Change in Scope ....................................................................................... 14
2.4 Obligation to Provide Service .................................................................... 16
2.5 No Guarantees of Materials Volume or Composition ................................ 16
2.6 Extended Producer Responsibility Programs ............................................ 17 ARTICLE 3 REPRESENTATIONS AND WARRANTIES ............................................. 18
3.1 Of Contractor ............................................................................................. 18
3.2 Of the City ................................................................................................. 19
3.3 Of the Parties ............................................................................................ 20 ARTICLE 4 TERM OF AGREEMENT ........................................................................... 20
4.1 Term and Option to Extend ....................................................................... 20
4.2 Extension Conditions ................................................................................ 21 ARTICLE 5 FACILITY OPERATIONS .......................................................................... 21
5.1 Overview of Scope .................................................................................... 21
5.2 City Obligations ......................................................................................... 22
5.3 Contractor Obligations............................................................................... 22
5.4 Recyclable Materials Processing Services ................................................ 22
5.5 Delivery and Acceptance of Recyclable Materials ..................................... 26
5.6 Guaranteed Capacity ................................................................................ 27
5.7 Permits ...................................................................................................... 27
5.8 Ownership of Recyclable Materials ........................................................... 27
5.9 Cooperation and Disputes with Franchised Collector ................................ 27 ARTICLE 6 PERFORMANCE STANDARDS ............................................................... 28
6.1 Rejection of Unpermitted Waste ................................................................ 28
6.2 Days and Hours of Operation .................................................................... 29
6.3 Equipment and Supplies ........................................................................... 29
6.4 T raffic Control and Direction ...................................................................... 30
6.5 Scale Operation ........................................................................................ 31
6.6 Safety ........................................................................................................ 32
6.7 Monthly Detailed Tonnage Report ............................................................. 32
6.8 Monthly Summary Report.......................................................................... 33
6.9 Right to Enter Facility and Observe Operations ........................................ 33
6.10 Provision of Emergency Services .............................................................. 33
6.11 Alternative Facilities .................................................................................. 34
6.12 Allocation Method ...................................................................................... 35
6.13 Insurance, Indemnifications, and Performance Standards ........................ 35
April 1, 2025 ii City of Pleasanton/GreenWaste Recovery, LLC
6.14 Compliance with Applicable Law ............................................................... 36
6.15 Compliance with Facility Rules .................................................................. 36
6.16 Disposal of Recyclable Materials Prohibited ............................................. 36
6.17 Reporting................................................................................................... 36
6.18 Provision of Contingency Plan .................................................................. 37
6.19 Personnel .................................................................................................. 37 ARTICLE 7 PAYMENTS TO THE CITY AND DESIGNATED FACILITIES .................. 38
7.1 Payments to the City ................................................................................. 38
7.2 Adjustment of Payments ........................................................................... 38
7.3 Methods of Payments................................................................................ 38
7.4 Timing of Payments and Penalties for Late Payments .............................. 38
7.5 Billing and Payment Audit ......................................................................... 38
7.6 Payment of Recovered Recyclable Materials Revenue ............................ 38 ARTICLE 8 CONTRACTOR COMPENSATION AND RATE SETTING ....................... 39
8.1 Overview ................................................................................................... 39
8.2 Remittances to Contractor......................................................................... 39
8.3 Process for Setting and Adjusting Tipping Fees ........................................ 40
8.4 Tipping Fee Application Process ............................................................... 41
8.5 Special Review of Tipping Fee .................................................................. 42
8.6 Adjustment of Tipping Fees for Changes in Scope ................................... 43 ARTICLE 9 RECORD KEEPING AND REPORTING ................................................... 44
9.1 General Record Keeping Provisions ......................................................... 44
9.2 Review and Inspection .............................................................................. 44
9.3 Retention of Records ................................................................................ 44
9.4 Other Information Requirements ............................................................... 44
9.5 Reporting................................................................................................... 45
9.6 CERCLA Reporting for Residue ................................................................ 45 ARTICLE 10 INDEMNIFICATION AND INSURANCE .................................................. 45
10.1 General Indemnification ............................................................................ 45
10.2 Hazardous Substance Indemnification ...................................................... 45
10.3 Unpermitted Waste Defense and Indemnification ..................................... 46
10. 4 Insurance .................................................................................................. 46 ARTICLE 11 BREACH, DEFAULT, REMEDIES, AND TERMINATION ....................... 49
11.1 Events of Breach ....................................................................................... 49
11.2 Contractor Rights to Remedy Breach ........................................................ 49
11.3 Acts Necessary to Perform Service ........................................................... 50
11.4 Event of Default ......................................................................................... 50
11.5 Event of Default Not Curable ..................................................................... 50
11.6 City’s Remedies in the Event of Default .................................................... 51
11.7 Specific Performance ................................................................................ 51
11.8 City’s Remedies Cumulative ..................................................................... 51
11.9 Liquidated Damages ................................................................................. 51
11.10 Excuse from Performance ......................................................................... 52
April 1, 2025 iii City of Pleasanton/GreenWaste Recovery, LLC
11.11 Right to Demand Assurances of Performance .......................................... 52
11.12 Waiver of Defenses ................................................................................... 53 ARTICLE 12 RESOLUTION OF DISPUTES ................................................................ 53
12.1 Informal Resolution ................................................................................... 53
12.2 Mediation................................................................................................... 53
12.3 Pendency of Dispute ................................................................................. 53 ARTICLE 13 OTHER AGREEMENTS OF PARTIES .................................................... 54
13.1 Relationship of Parties .............................................................................. 54
13.2 Compliance with Law ................................................................................ 54
13.3 Governing Law .......................................................................................... 54
13.4 Jurisdiction ................................................................................................ 54
13.5 Notice to Parties ........................................................................................ 54
13.6 Assignment and Transfer of Agreement .................................................... 55
13.7 Transition to Next Contractor .................................................................... 56
13.8 Compliance Audit ...................................................................................... 56
13.9 Binding on Successors .............................................................................. 56
13.10 Non-Waiver ............................................................................................... 56 ARTICLE 14 MISCELLANEOUS PROVISIONS........................................................... 57
14.1 Entire Agreement ...................................................................................... 57
14.2 Amendment ............................................................................................... 57
14.3 Section Headings ...................................................................................... 57
14.4 References to Laws .................................................................................. 57
14.5 Interpretation ............................................................................................. 57
14.6 Severability ................................................................................................ 57
14.7 Further Assurance ..................................................................................... 57
14.8 Counterparts ............................................................................................. 57
14.9 Exhibits...................................................................................................... 58
14.10 Actions of the City in its Governmental Capacity ....................................... 58
EXHIBITS
A. Reporting Requirements
B. Performance Standards and Liquidated Damages
C. Iran Contracting Certification
D. P reliminary List of Recyclable Materials
E. Contractor’s Proposal
F. Approved Affiliates and Subcontractors
G. Initial Tipping Fees for Post Collection
H. Recyclable Materials Revenue Sharing Calculation
I. Contractor’s Recyclable Materials Characterization Study Methodology J. Reserved
K. Facility Description
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April 1, 2025 1 City of Pleasanton/GreenWaste Recovery, LLC AGREEMENT 1
BETWEEN 2
THE CITY OF PLEASANTON 3
AND 4
GREENWASTE RECOVERY, LLC 5
FOR 6
RECYCLABLE MATERIALS PROCESSING, AND DIVERSION 7
SERVICES 8
9 This Agreement for Recyclable Materials Processing and Diversion Services (“Agreement”) is entered into on the ___ 10 Day of ________ ___, 2025, by and between the City of Pleasanton (hereinafter, “ the City”), and GreenWaste 11 Recovery, LLC (hereinafter, “Contractor”) (collectively, the “Parties”). 12 RECITALS 13
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste 14 Management Act of 1989 (“AB 939”) and subsequent modifications thereto, established a solid waste management 15 process that requires cities and other local jurisdictions to implement source reduction, reuse, and recycling as 16 integrated waste management practices; 17
WHEREAS, the State of California has found and declared that the amount of refuse generated in California, 18 along with diminishing Disposal Site space and potential adverse environmental impacts from landfilling , and the 19 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 20 implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and 21 subsequent related legislation, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), the Event 22 and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016), the 23 Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), the Short-Lived Climate Pollutants Bill of 2016 (SB 24 1383), AB 1594, AB 1201, AB343, and the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 25 54), directed the responsible State agency, and all local agencies, to promote Diversion and to maximize the use of 26 feasible waste reduction, reuse, Recycling , and Composting options in order to reduce the amount of refuse that 27 must be Disposed; 28
WHEREAS, in 1990, the Alameda County Waste Reduction and Recycling Initiative Charter Amendment 29 established a county-wide Solid Waste Diversion rate goal of seventy-five percent (75%) by 2010; 30 WHEREAS, in 2010, the Alameda County Source Reduction and Recycling Board (“StopWaste”) adopted a 31 Strategic Plan that included a new waste diversion goal . By 2020, Alameda County wanted less than ten percent 32 (10%) of waste deposited in Alameda County’s landfills to be readily Recyclable or Compostable; 33 WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City has determined that 34 public health, safety, and well-being requires that an exclusive right be awarded to a qualified Contractor to provide 35 for the Collection, Transportation, and Processing (where permitted under this Agreement) of Solid Waste, 36 Recyclable Materials, Organic Materials, Construction and Demolition Debris, Bulky Items and other services related 37 to meeting the City’s customer service and environmental goals , as well as goals established through the City’s 38 Climate Action Plan; 39
April 1, 2025 2 City of Pleasanton/GreenWaste Recovery, LLC WHEREAS, the City Council further declares its intent to approve and maintain reasonable Rates for the 40 Collection, Recycling, Processing, Composting, Transfer and/or Disposal of Solid Waste, Recyclable Materials, and 41 Organic Materials; 42
WHEREAS, the City has entered into a franchise agreement with Pleasanton Garbage Service (“Franchised 43 Collector”) for the Collection, Transfer, and Transport of Solid Waste, Recyclable Materials, and Organic Materials 44 generated within the City; 45
WHEREAS, the City Council initiated a request for proposals for Recyclable Materials Processing services, 46 and through a competitive procurement process received Contractor’s Proposal; 47 WHEREAS, the City Council has found and determined, based on Contractor’s P roposal, qualifications, 48 demonstrated experience, reputation, and reasonable and competitive cost to the City, that Contractor is best able 49 to provide Recyclable Materials Processing services in order to protect public health, safety, and well -being of the 50 City; 51
WHEREAS, Contractor has represented and warranted to the City that it has the experience, responsibility, 52 qualifications, and ability to implement safe, thorough, and competent P rocessing and D iversion services in 53 compliance with Applicable Law and the provisions of this Agreement; 54 WHEREAS, the City has determined that, in the event Contractor satisfies the terms and conditions of this 55 Agreement, it is in the best interest of the City and its residents, taking into account the qualifications and experience 56 of Contractor, the cost of providing such services, and the revenues from the sale of materials for the City, to ensure 57 the Delivery of Recyclable Materials collected in the City by the City ’s Franchised Collector to the Approved 58 Processing Facility(ies); 59
WHEREAS, both the City and Contractor are mindful of the provisions of the laws governing the safe 60 transfer, transport, Processing and Diversion of Recyclable Materials and Disposal of Solid Waste, including AB 939, 61 AB 341, AB 1826, SB 1383, and the Resource Conservation and Recovery Act, 42 U.S.C. § 9601 et seq.; 62 WHEREAS, neither the City nor Contractor can anticipate all of the possible needs, considerations, or 63 eventualities that may arise during the Term of this Agreement, and the Parties agree that they will work together 64 in a spirit of mutual cooperation to resolve any such issues as and when they arise; and, 65 WHEREAS, neither the City nor Contractor can anticipate any changes in the industry as to the future means 66 or methods of collection, transfer, transport, processing, diversion, and/or disposal services, and will work 67 cooperatively to address such opportunities and/or issues as and when they arise. 68 NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, 69 and for other good and valuable consideration, the Parties do hereby agree as follows: 70 ARTICLE 1 71
DEFINITIONS 72
“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), 73 also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time. 74 “AB 901” means Assembly Bill 901, approved by the Governor of the State of California on October 10, 2015, which 75 amended Section 41821.5 of; amended, renumbered, and added Section 41821.6 of; and, added Sections 41821.6 76
April 1, 2025 3 City of Pleasanton/GreenWaste Recovery, LLC to, the California Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and 77 replaced from time to time. 78
“AB 939” means the California Integrated Waste Management Act of 1989 (California Public Resources Code § 79 40000, et seq.), as amended, supplemented, superseded, and replaced from time to time. 80 "AB 1201” means Assembly Bill 1201, approved by the Governor of the State of California on October 5, 2021, which 81 amended Sections 42356, 42356.1, and 42357 of, and amended the heading of Chapter 5.7 (commencing with 82 Section 42355) of Part 3 of Division 30 of, the California Public Resources Code, relating to solid waste, as amended, 83 supplemented, superseded, and replaced from time to time. 84 "AB 1594" means Assembly Bill 1594 approved by the Governor of the State of California on September 28, 2014, 85 which amended Sections 40507 and 41781.3 of the California Public Resources Code, relating to solid waste, as 86 amended, supplemented, superseded, and replaced from time to time. 87 “AB 1669” means Assembly Bill 1669, approved by the Governor of the State of California on September 30, 2016, 88 which amends California Labor Code Sections 1070 through 1076 with respect to the hiring of displaced employees 89 under service contracts for the collection and transportation of solid waste. 90 “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of 91 the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, 92 superseded, and replaced from time to time. 93
“AB 2176” means the Large Venue Recycling Act (an act to amend Section 42911 of, and to add Chapter 12.7 94 (commencing with Section 42648) to Part 3 of Division 30 of, the California Public Resources Code, relating to 95 Recycling), also commonly referred to as “AB 2176,” as amended, supplemented, superseded, and replaced from 96 time to time. 97
“Accept” or “Acceptance” (or other variations thereof) means the receipt and acceptance of Delivered Franchised 98 Material by an Approved or Designated Facility that results in a transfer of Ownership of any Franchised Material: i) 99 from the Franchised Collector to Contractor; or, ii) from Contractor to an Approved or Designated Facility. 100 “Actions” means all actions including claims, demands, causes of action, suits, mediation, arbitration, hearings, 101 investigations, inquiries and proceedings, whether legal, judicial, quasi -judicial, governmental or administrative in 102 nature and whether threatened, brought, instituted or settled. 103 “Advanced Clean Fleets Regulation” means 13 CCR Sections 2013, 2013.1, 2013.2, 2013.3, 2013.4, 2014,2014.1, 104 2014.2, 2014.3, 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, 2015.6, and 2016, as amended, supplemented, 105 superseded, and replaced from time to time. 106
“Affiliate” means any Person, corporation, or other entity directly or indirectly controlling or controlled by another 107 Person, corporation or other entity, or under direct or indirect common management or control with such Person, 108 corporation, or entity. As between any two (2) or more Persons or entities, when ten percent (10%) of one is Owned, 109 managed, or controlled by another, they are hereunder Affiliates of one another . In a joint venture, each party to 110 the joint venture may have his or her own Affiliate. 111 “Agreement” means this Agreement for Materials Transfer Processing, and Diversion Services between the City and 112 Contractor, including all Exhibits, Attachments, and any future amendments hereto. 113 “Alternative Daily Cover (ADC)” means cover material used at a Disposal Site, other than at least six (6) inches of 114 earthen material, placed on the surface of the active face of the refuse fill area at the end of each operating Day to 115 control blowing litter, fires, odor, scavenging, and vectors; or, means materials used as soil amendments for erosion 116 control and landscaping. 117
April 1, 2025 4 City of Pleasanton/GreenWaste Recovery, LLC “Alternative Intermediate Cover (AIC)” means CalRecycle-approved materials other than soil used at a landfill on 118 all surfaces of the fill where no additional Solid Waste will be deposited within one hundred eighty (180) D ays. 119 Generally, these materials must be Processed so that they do not allow gaps in the face surface, which would provide 120 breeding grounds for insects and vermin. 121
“Annual Percentage Change” means the annual percentage change in any of the indices defined below, calculated 122 as described in the following paragraph. 123
The Annual Percentage Change for a cost index shall be calculated as the Average Index Value for the most recently 124 available twelve - (12-) month period of the then -current Rate Year minus the Average Index Value for the 125 corresponding twelve- (12-) month period of the most- recently-completed Rate Year and the result of which shall 126 be divided by the Average Index Value for the same twelve- (12-) month period of the most recently completed Rate 127 Year. The Annual Percentage Change shall be rounded (up or down) to the nearest thousandth (1,000th). 128 For example, if Contractor is preparing its Rate application in January of 2028 for Rates to be effective for Rate Year 129 Two, the Annual Percentage Change in CPI-U shall be calculated as follows: [(Average Index Value CPI-U for January 130 2027 through December 2027) – (Average Index Value CPI-U for January 2026 through December 2026)] / (Average 131 Index Value CPI-U for January 2026 through December 2026)]. 132 “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, 133 permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, 134 Transportation, Processing, and Disposal of Recyclable Materials, Organic Materials, C&D Debris , and/or Excluded 135 Materials that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this 136 Agreement. The Parties acknowledge that, as of the date of this Agreement, the State has passed legislation 137 including, but not limited to, AB 1201, SB 54, SB 343, and the Advanced Clean Fleets R egulation, where further 138 regulatory requirements may be established. 139
“Approved Affiliates” means the Affiliates listed on Exhibit F that provide services, property, equipment, vehicles, 140 or other support related directly or indirectly to this Agreement. 141 “Approved Disposal Facility " means the Regen Monterey Landfill , which is Owned by Monterey County and 142 operated by Regen Monterey, and approved by the City for Disposal of Residue. 143 “Approved Facilit y(ies)” means the Approved Disposal Facility and Approved Recyclable Materials Processing 144 Facility. 145
“Approved Recyclable Materials Processing Facility” means the GreenWaste San Jose MRF , which is O wned by 146 GreenWaste Recovery, LLC and operated by GreenWaste Recovery, LLC, and approved by the City for Processing of 147 Recyclable Materials. 148
“Average Index Value” means the sum of the monthly index values during the most recently available twelve- (12-) 149 month period divided by twelve (12) (in the case of indices published monthly) or the sum of the bi -monthly index 150 values divided by six (6) (in the case of indices published bi-monthly). 151 “Batteries” means alkaline batteries that are typically found in common household items such as flashlights, 152 cameras, toys, lithium batteries, rechargeable batteries , and any type of battery found in a motorized or electric 153 vehicle. 154
“Beneficial Reuse Purposes” means use of material for beneficial reuse at a Disposal Site, which shall include, but 155 not be limited to, the following: Alternative Daily Cover, Alternative Intermediate Cover, final cover foundation layer, 156 liner operations layer, leachate and landfill gas collection system, construction fill, road base, wet weather 157 operations pads and access roads, and soil amendments for erosion control and landscaping. 158
April 1, 2025 5 City of Pleasanton/GreenWaste Recovery, LLC “Bulky Items” means discarded appliances, furniture, tires, carpets, mattresses, and similar large items that require 159 special Collection due to their size, but can be Collected by one Person without the assistance of special loading 160 equipment (such as forklifts or cranes) without violating vehicle Load limits . They do not include abandoned 161 automobiles, large auto parts, or trees. 162
“Business Days” means Days during which the City’s offices are open to do business with the public. 163 “CALGreen” means the California Green Building Standards Code, Part 11, Title 24, of the CCR, as amended, 164 supplemented, superseded, and replaced from time to time, and including, but not limited to, any implementing 165 local regulations related to CALGreen that are included in any Member Agency Municipal Code. 166 “California Code of Regulations (CCR)” means the State of California Code of Regulations. CCR references in this 167 Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 168 of CCR). 169
“CalRecycle” means California's Department of Resources Recycling and Recovery. 170 “CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 171 Section 9600 et seq.). 172
“Change in Law” means any of the following events or conditions that has a material and adverse effect on the 173 performance by the Parties of their respective obligations under this Agreement (except for payment obligations): 174 (1) The enactment, adoption, promulgation, issuance, modification, elimination, or written change in 175 administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or, 176 (2) The order or judgment of any governmental body, on or after the Effective Date, to the extent such 177 order or judgment is not the result of willful or negligent action, error or omission, or lack of reasonable 178 diligence of the City or Contractor, whichever is asserting the occurrence of a Change in Law; provided, 179 however, that the contesting in good faith or the failure in good faith to contest any such order or 180 judgment shall not constitute or be construed as such a willful or negligent action, error or omission, 181 or lack of reasonable diligence. 182
“City” means the City of Pleasanton, a municipal corporation, and all the territory lying within the municipal 183 boundaries of the City as presently existing or as such boundaries may be modified during the Term. 184 “City Contract Manager” means the City Manager or their designee. 185 “Collect” or “Collection” (or any variation thereof) means the act of removing Recyclable Materials from the place 186 of generation within the City, and Delivering such materials to the Approved Facility(ies). 187 “Commencement Date” means July 1, 2025, or the date when Contractor shall begin to provide all Services set forth 188 in this Agreement. 189
“Commercial” means of, from or pertaining to non- Residential premises where business activity is conducted, 190 including, but not limited to, wholesale and retail sales and operations, services, manufacturing and industrial 191 operations, but excluding businesses conducted upon Residential property which are permitted under applicable 192 zoning regulations and are not the primary use of the property. 193 “Construction and Demolition Debris ” or “C&D” means Discarded Materials removed from Premises during the 194 construction or renovation of a structure as a result of construction, remodeling, repair, or demolition operations 195 on any Residential or Commercial building or other structure, including pavement. Typically, building or other 196
April 1, 2025 6 City of Pleasanton/GreenWaste Recovery, LLC modification Permits are required for Premises during construction or renovation; however, a property O wner’s 197 failure to secure Permits shall not change the way materials from such projects are defined herein. 198 “Contaminant(s)” or “Contamination” (or other variations thereof) means any materials not identified in Exhibit D, 199 which are Collected by Franchised Collector with Recyclable Materials excluding Items 2 through 12 in the definition 200 of Unpermitted Waste. 201
“Contractor” means GreenWaste Recovery, LLC, any Subcontractors, and Approved Affiliates listed in Exhibit F. 202 “Contractor’s Proposal” means the proposal to provide the Services described in this Agreement, submitted to the 203 City by Contractor, which is attached to this Agreement as Exhibit E, and incorporated herein by reference. 204 “Contractor Revenue” means Gross Receipts plus any revenue received from the sale of Recovered Materials less 205 Recovered Materials Revenue Payments to the City pursuant to Article 7. 206 “CPI-U” means the Consumer Price Index, All Urban Consumers, all items, not seasonally adjusted San Francisco -207 Oakland-Hayward Metropolitan Area compiled and published by the U.S. Department of Labor, Bureau of Labor 208 Statistics. 209
“Criminal Activity” means, but is not limited to: 210
(1) any criminal offense in connection with obtaining, attempting to obtain or procuring a public or private 211 agreement related to Solid Waste, Organic Materials, or Recyclable Materials services of any kind, 212 including this Agreement; 213
(2) bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency; 214 (3) fraud, embezzlement, extortion, racketeering, false claims, forgery, falsification or destruction of 215 records, obstruction of justice, knowingly receiving stolen property, theft; and/or, 216 (4) violation of antitrust laws, including laws relating to price -fixing, bid -rigging and sales and market 217 allocation, and of unfair and anti -competitive trade practice laws, including with respect to 218 determination of Recovered Materials Revenue Payments. 219 “Days” means calendar days, including Saturdays, Sundays, and Holidays, except as otherwise specifically provided 220 herein. 221
“Delivered” or “Delivery” (or other variations thereof) means arrival of Recyclable Materials in Franchised Collector’s 222 Collection vehicles at the entrance of an Approved Facility during F acility receiving hours for the purposes of 223 Acceptance. 224
“Designated Waste” means non -Hazardous Waste which may pose special Disposal problems because of its 225 potential to contaminate the environment and which may be Disposed of only in Class II Disposal sites or Class III 226 Disposal sites pursuant to a variance issued by the California Department of Health Services . Designated Waste 227 consists of those substances classified as Designated Waste by the State of California, CCR Title 23, Section 2522 as 228 may be amended from time to time. 229
“Direct Costs” means the sum of: 230
(1) payroll costs directly related to Contractor’s performance, or supervision of any obligation pursuant to 231 the provisions of this Agreement, or the City’s administration and enforcement of this Agreement, 232 comprised of compensation and fringe benefits, including vacation, sick leave, Holidays, retirement, 233
April 1, 2025 7 City of Pleasanton/GreenWaste Recovery, LLC workers compensation insurance, Federal and State unemployment taxes and all medical and health 234 insurance benefits; plus 235
(2) the costs of materials, services, direct rental costs and supplies; plus 236 (3) the reasonable costs of any payments to S ubcontractors necessary to and in connection with the 237 performance under or administration and enforcement of this Agreement; plus 238 (4) any other cost or expense which is directly or normally associated with the task performed. 239 Such Direct Costs are to be substantiated by: (i) a certificate signed by the principal financial officer of Contractor or 240 the authorized representative of the City or his or her designee, as the case may be, setting forth the amount of the 241 cost and the reason why the cost is properly chargeable, as the case may be, and representing that the cost is an 242 arm's length and competitive price, if there are competitive prices, for the service or materials supplied; and (ii) if 243 the City or Contractor requests, as the case may be, additional back- up documentation as may be available to 244 reasonably substantiate any Direct Cost, including invoices from suppliers and Subcontractors. 245 “Disposal” (or any variation thereof) means the final disposition of Solid Waste or Processing Residue at a Disposal 246 Site. 247
“Disposal Site” means a Permitted location for the ultimate Disposal of Solid Waste and Processing Residue. 248 “Diversion” (or any variation ther eof) means activities that reduce or eliminate the amount of Solid Waste from 249 Disposal, including, but not limited to, Processing Recyclable Materials at a Processing Facility. 250 “Effective Date” means the date on which the Agreement becomes binding upon the Parties, which is the date when 251 the latter of the Parties has executed this Agreement. 252 “Electronic Materials ” or “E- Materials” means discarded electronic equipment including, but not limited to, 253 televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including 254 external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo 255 speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some 256 E-Materials or components thereof may be Hazardous Waste or include Hazardous Substances and thus require 257 special handling, Processing, or Disposal. 258
“Event of Default” means a default by Contractor as described in Section 11.4. 259 “Excluded Materials” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, 260 corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably 261 believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, 262 including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in 263 Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a 264 nuisance or otherwise create or expose Contractor or the City to potential liability; but not including de minimis 265 volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after 266 implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Batteries and paint in 267 compliance with Sections 41500 and 41802 of the California Public Resources Code. 268 “Extended Producer Responsibility Program” or “EPR Program” means an environmental program or policy 269 codified, enforced, and/or monitored by local, State, or Federal governments in which a producer’s, distributor’s, or 270 retailer’s administrative, financial, operational, and/or physical responsibility for a product is extended to the post-271 consumer stage of a product’s life cycle. Extended Producer Responsibility Programs may be implemented by 272 individual producers, collective industry organizations such as a producer responsibility organization or Stewardship 273 Organization, or other regulated entities specified under the program. Such programs may cover individual products 274
April 1, 2025 8 City of Pleasanton/GreenWaste Recovery, LLC or categories of products, using one (1) or more funding mechanisms, as defined in the regulation(s) establishing the 275 program. 276
“Facility” means any plant (s) or site (s), Owned or lease d, maintained, operated and/or used by Contractor for 277 purposes of performing under this Agreement. 278
“Federal” means belonging to or pertaining to the Federal government of the United States. 279 “Franchise” means the right granted by the City to the Franchised Collector to provide Solid Waste, Recyclable 280 Materials, and Organic Materials Collection services within the City and Transportation of and D elivery of the 281 Recyclable Materials to a Facility selected by the City in accordance with the terms and conditions of the Franchise 282 Agreement between the City and the Franchised Collector. 283 “Franchised Collector” means Pleasanton Garbage Service, Inc. or PGS, which entered into an exclusive f ranchise 284 agreement with the City, entitled “Agreement between the City of Pleasanton and Pleasanton Garbage Service, Inc. 285 for Solid Waste, Recyclable Materials, and Organic Materials Services,” dated ______________. 286 “Generator” means any Person that generates or produces Recyclable Materials, or whose act first causes Recyclable 287 Materials to become subject to regulation. 288
“Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed (directly or by 289 reference) as "Hazardous Substances," "hazardous materials," "Hazardous Wastes," "toxic waste," "pollutant," "toxic 290 substances," or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the 291 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq . 292 (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and 293 Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety 294 Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq .; and, (vii) California 295 Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated 296 statutes or acts currently existing or hereafter enacted; and , (c) any other hazardous or toxic substance, material, 297 chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable Federal, State 298 or local environmental laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, 299 polychlorinated biphenyl’s ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products. 300 “Hazardous Waste” means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely 301 Hazardous Waste by the State of California in Health and Safety Code Sections 25117, 25110.02, and 25115, or in 302 the future amendments to or recodifications of such statutes, or identified and listed as Hazardous Waste by the 303 U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 USC 304 Section 6901, et seq.), all future amendments thereto and all rules and regulations promulgated thereunder. 305 “Holidays” are defined as New Year’s Day and Christmas Day. 306 “Infectious Waste” means medical or biomedical waste generated at hospitals, public or private medical clinics, 307 dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and 308 other similar establishments that are identified in Health and Safety Code Section 25117.5. 309 “Liquidated Damages” means the amounts agreed upon by Contractor and City as fair and reasonable damages for 310 Contractor’s failure to meet specific quantifiable standards of performance as described in Section 11.9 and Exhibit 311 B. 312
“Load” means the payload contents of a Collection vehicle or Transfer Vehicle measured in Tons. 313
April 1, 2025 9 City of Pleasanton/GreenWaste Recovery, LLC “Market” or “Marketing” (or other variations thereof) means all obligations of Contractor hereunder with respect 314 to selling or giving away Recovered Materials, including market promotion, storage, insurance, packaging, 315 transportation, sales, weighing, and maintaining records with respect thereto. 316 “Maximum Vehicle Turnaround Time” means the turnaround time specified in Section 6.4 for vehicles Delivering 317 Recyclable Materials to the Approved Facilities, where the turnaround time for each vehicle is measured from the 318 vehicle’s arrival time, which shall be recorded at the motor vehicle scale when the inbound weight of the vehicle is 319 recorded at the Approved Facility property, until the vehicle’s departure time, when it exits that Approved Facility. 320 The calculation of M aximum Vehicle Turnaround Time excludes any delays caused by the Franchise d Collector, 321 including, but not limited to, extended untarping time, extended unloading time, d river personal time , and 322 mechanical problems. 323
“Multi-Family Dwelling” or “Multi-Family” means any Residential complex, other than a Single -Family premises, 324 used for Residential purposes, which has centralized Collection service for all Residential units in the building and 325 may be billed as one address. 326
“Ownership” or “Own” ( or other variations thereof) means ownership as defined in the constructive Ownership 327 provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date herein, and Section 328 318(a)(5)(C) shall be disregarded. For purposes of determining Ownership under this paragraph and constructive or 329 indirect Ownership under Section 318(a), Ownership interest of less than ten (10) percent shall be disregarded and 330 percentage interests shall be determined on the basis of the percentage of voting interest of value which the 331 Ownership interest represents, whichever is greater. 332 “Party(ies)” means the City and Contractor, individually or together. 333 “Permits” means all Federal, State, county, City, or other local or any other governmental permits, orders, licenses, 334 approvals, authorizations, consents, and entitlements that are required under Applicable Law to be obtained or 335 maintained by any Person, including Contractor, with respect to the S ervices performed under this Agreement, as 336 renewed or amended from time to time. 337
“Person(s)” means any individual, business, firm, association, organization, partnership, public or private 338 corporation, trust, joint venture, political subdivision, special purpose district, the County of Alameda, or public or 339 governmental entity. 340
“Process” or “ Processing” (or any variation thereof) means the controlled separation, volume reduction, or 341 conversion of materials, including, but not limited to, organized, manual, automated, or mechanical sorting, the use 342 of vehicles for spreading of waste for the purpose of Recovery, and/or includes the use of conveyor belts, sorting 343 lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20) to produce 344 Recoverable materials for Recycling. 345
“Processing Facility” means a Permitted Facility in which materials are sorted, separated, or otherwise manipulated 346 for the purposes of Recovering Marketable commodities. 347 “Rate Year” means a twelve (12) month period, commencing July 1 and concluding June 30, with the exception of 348 Rate Year One. 349
“Rate Year One” means the first Rate Year covered by this Agreement. 350 “Recovery” or “Recover” or “Recovered” (or other variations thereof) means the picking, pulling, sorting, separating, 351 and classifying of Recyclable Materials whether by manual or mechanical means, after Acceptance of the materials 352 and before Marketing of Recovered Materials, including Recycling, material reuse and recovery. 353
April 1, 2025 10 City of Pleasanton/GreenWaste Recovery, LLC “Recovered Material” means materials which have been Recovered from Recyclable Materials through Processing 354 activities. 355
“Recovered Materials Revenue Payments” means the money paid by Contractor to the City on a quarterly basis 356 representing the City’s share of the revenues Contractor receives from the Marketing of the Recovered Materials 357 resulting from the Processing of Recyclable Materials. 358 “Recyclable Materials” means newspaper, cardboard, mixed color paper, white paper, junk mail, magazines, 359 telephone books, paper bags, cereal and food boxes, egg cartons, plastic bottles and containers labeled #1-7, plastic 360 milk containers, detergent containers, clear, brown, and green food and beverage container glass, cans of aluminum, 361 steel, tin, food cans, empty aerosol cans, pipe tins or other materials having economic value contained within a Load 362 of Recyclable Materials which have been separated from Solid Waste and Organic Materials prior to Collection, and 363 may also include any other type of Recyclable waste material agreed on by the Parties. Recyclable Materials do not 364 include Unpermitted Materials, Excluded Materials, or other Franchised Materials. Recyclable Materials are the 365 materials listed in Exhibit D that may be replaced by a list posted by the City in their sole discretion from time to 366 time and provided to Contractor. 367
“Recycled” or “Recycling” (or other variations thereof) means the treating or reconstituting materials that are or 368 would otherwise be Disposed of and returning them to the economic mainstream in the form of raw material for 369 new, reused, or reconstituted products. Recycling includes processes deemed to constitute a reduction of landfill 370 Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include the use of Franchised 371 Materials for gasification or transformation as defined in Public Resources Code Section 40201. 372 “Residential” means of, from, or pertaining to a Single-Family premises or Multi-Family premises including Single-373 Family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative 374 apartments. 375
“Residue” means materials that remain after Acceptance, Processing, and Diversion of Recyclable Materials, which 376 may not be Recovered, and which subsequently require Disposal. 377 “SB 54” means the Plastic Pollution Prevention and Packaging Producer Responsibility Act approved by the Governor 378 of the State of California on June 30, 2022, which amended Section 41821.5 of the California Public Resources Code 379 to add Chapter 3 (commencing with Section 42040) to Part 3 of Division 30, as amended, supplemented, superseded, 380 and replaced from time to time. For the purposes of this Agreement, SB 54 includes any implementing regulations 381 developed by CalRecycle, as amended supplemented, superseded, and replaced from time to time. 382 “SB 343” means the Environmental Advertising: Recycling Symbol: Recyclability: Products and Packaging Senate Bill 383 approved by the Governor of the State of California on October 5, 2021, which amended Sections 17580, 17580.5 of 384 the California Business and Professions Code, and amended Sections 18015 and 42355.5 of, and added Section 385 42355.51 to, the California Public Resources Code, relating to environmental advertising, as amended, 386 supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 343 includes 387 any implementing regulations developed by CalRecycle, as amended, supplemented, superseded, and replaced from 388 time to time. 389
“SB 1016” means Senate Bill 1016 approved by the Governor of the State of California on September 26, 2008, which 390 amended Sections 40183, 40184, 41783, 41820.6, 41821, 41850, 42921, and 42926 of, amended the headings of 391 Article 4 (commencing with Section 41825) and Article 5 (commencing with Section 41850) of Chapter 7 of Part 2 of 392 Division 30 of, added Sections 40127, 40145, 40150.1, 41780.05, 42921.5, and 42927 to, and repealed and added 393 Section 41825 of, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and 394 replaced from time to time. 395
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State of California on September 19, 396 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and 397
April 1, 2025 11 City of Pleasanton/GreenWaste Recovery, LLC added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California Public Resources 398 Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short- lived 399 climate pollutants as amended, supplemented, superseded, and replaced from time to time. 400 For the purposes of this Agreement, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic 401 Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 402 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. 403 “Services” mean all obligations of Contractor under and in accordance with this Agreement to the City. 404 “Single-Family Dwelling” or “Single-Family” means any detached or attached house or residence designed or used 405 for occupancy by one (1) family, provided that Collection service feasibly can be provided to such p remises as an 406 independent unit, and the owner or occupant of such independent unit is billed directly for the Collection service. 407 Single-Family includes Residential units of a duplex, triplex, or fourplex Residential structure provided that each unit 408 is separately billed for their specific service level. 409 “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and associated liquid waste, including 410 garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, discarded home and industrial a ppliances, 411 dewatered, treated or chemically fixed sewage sludge which is not a Hazardous Waste, special waste, manure, 412 vegetable or animal solid and semi -solid wastes, and other discarded solid and semi -solid wastes, which the City 413 Municipal Code requires Generators within the City to set out for Collection . Solid Waste does not include the 414 following: 415
1) Materials set out for Collection in a Container, which is specifically designated for Recyclable Materials 416 or Organic Materials; 417
2) Hazardous Waste; 418
3) Radioactive waste; 419
4) Infectious Waste provided that Infectious Waste, whether treated or untreated, is not Disposed of at a 420 Solid Waste facility; and, 421
5) Abandoned automobiles. 422
“Source Separated” means the segregation from Solid Waste, by the Generator, of materials designated for separate 423 Collection for some form of materials Recovery or special handling. 424 “Special Tipping Fee Review” means an adjustment to the Tipping Fee(s) in addition to or at a time other than when 425 periodic adjustments of the Tipping Fee(s) are made under this Agreement pursuant to Section 8.5. 426 “Standard Industry Practice” means (i) the then-current development and operations practices and standards of the 427 northern California Solid Waste and materials management industry with respect to collection, transfer, transport, 428 processing, diversion, and disposal services; and, (ii) the then-current development, operations, closure, and post-429 closure practices and Solid Waste Association of North America (or any successor organization) Manager of Landfill 430 Operations Standards in meeting Contractor’s obligations under this Agreement. 431 “State” means the State of California. 432
“Subcontractor” means a Party who has entered into a contract, express or implied, with Contractor for the 433 performance of an act on Contractor’s behalf that: (i) involves Accepting, Processing, Diverting, Marketing, Residue 434 Disposal, and/or other handling of the Recyclable Materials; and, (ii) is necessary for Contractor’s fulfillment of its 435
April 1, 2025 12 City of Pleasanton/GreenWaste Recovery, LLC obligations for providing service under this Agreement. Vendors providing materials and supplies to Contractor shall 436 not be considered Subcontractors. 437
“Term” means the duration of this Agreement, including extension periods if granted, as provided for in Section 4.1. 438 “Tipping Fee” or “Tip Fee” is the per-Ton cost assessed by an Approved Facility or Designated Facility for Transfer, 439 Transport, Processing, and/or Disposal Services plus Pass-Throughs. 440 “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds where 441 each pound contains sixteen (16) ounces. 442
“Transfer” means the process of managing the Delivery and Acceptance of Recyclable Materials at the Approved 443 Facilities and the storage and loading of the Recyclable Materials into Transfer Vehicles for the purpose of 444 Transporting the materials to the Approved Recyclable Processing Facility. 445 “Transfer Vehicle” means a tractor and trailer designed to haul Recyclable Materials to the Approved Facilities. 446 “Transport” (or any variation thereof) means the conveyance of Recyclable Materials from the point of Collection, 447 or Transfer to an Approved Facility. 448
“Uncontrollable Circumstance” means, except as otherwise provided in 11.9 of this Agreement: 449 (1) F loods, earthquakes, other "acts of nature ," war, civil insurrection, riots, acts of any government 450 (including judicial action), labor unrest, including but not limited to strike, work stoppage or slowdown, 451 sick-out, picketing, or other concerted job action, and other similar catastrophic events which are 452 beyond the control of and not the fault of the Party claiming excuse from performance hereunder . 453 However, labor unrest by employees of Contractor or of any Affiliate directed against Contractor or an 454 Affiliate, including but not limited to strike, work stoppage or slowdown, sick -out, picketing, or other 455 concerted job action, is not an Uncontrollable Circumstance; or, 456 (2) A Change in Law (as defined herein). 457
“Universal Materials” or “U-Materials” means all materials as defined in Title 22, Subsections 66273.1 through 458 66273.9 of the California Code of Regulations. These include, but are not limited to, Batteries, fluorescent light bulbs, 459 mercury switches, and E-Materials. 460
“Unpermitted Waste” means wastes or other materials that the Approved Facilities may not receive under their 461 Permits, including: 462
(1) A ll materials that the Approved Facilities are not permitted to Accept; 463 (2) Asbestos, including friable materials that can be crumbled with pressure and are therefore likely to 464 emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may 465 be Hazardous Materials if it contains more than 1% asbestos; 466 (3) Ash residue from the incineration of Solid Wastes, including Solid Waste, Infectious Waste described in 467 Item (8) below, wood waste, sludge not meeting at a minimum Class B standards as defined by Title 40 468 of the Code of Federal Regulations, Part 503 (The Standards for the Use or Disposal of Sewage Sludge) 469 and agricultural wastes; 470
(4) Auto shredder “fluff” consisting of upholstery, paint, plastics, and other non-metallic substances, which 471 remain after the shredding of automobiles; 472
April 1, 2025 13 City of Pleasanton/GreenWaste Recovery, LLC (5) Dead animals larger than 100 pounds; 473
(6) Hazardous Substances and Hazardous Waste; 474
(7) Industrial solid or semi -solid wastes that pose a danger to the operation of the Approved Facilities, 475 including cement kiln dust, or process residues; 476
(8) Infectious Waste including w astes that have disease transmission potential and are classified as 477 Hazardous Wastes by the State Department of Health Services, including pathological and surgical 478 wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubing, 479 bottles, drugs, patient care items that as linen or personal or food service items from contaminated 480 areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known 481 infectious diseases; 482
(9) Liquid wastes that are not spadeable, usually containing less than 50% solids, including cannery and 483 food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap 484 pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, sewage 485 sludge not meeting certain quality criteria (i.e. unclassified sludge less than B), and those liquid wastes 486 that may be Hazardous Wastes; 487
(10) Radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the State 488 Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of 489 which is subject to any other State or Federal regulation; 490 (11) Sewage sludge comprised of human (not industrial) residue, excluding grit or screenings, removed from 491 a wastewater treatment facility or septic tank, whether in a dry or semi-dry form not meeting certain 492 quality criteria (i.e. unclassified sludge less than “B”); 493 (12) Designated Waste if not permitted at the Approved Facilities under Applicable Law, including Permits; 494 or, 495
(13) Single Loads with an excessive level of Contaminants based on visual inspection. 496 This definition shall be promptly amended to reflect any applicable changes in Permits or Applicable Law. 497 ARTICLE 2 498
GRANT AND ACCEPTANCE OF AGREEMENT 499
2.1 Scope of Agreement 500
Through this Agreement, the City grants to Contractor the right to Process, and Divert all Recyclable Materials 501 generated within and Collected in the City by Franchised Collector. Subject to the limitations in Section 5.1.C, and 502 except where otherwise prohibited by Federal, State, and local laws and regulations, Contractor shall exclusively be 503 responsible for the following: 504
A. Accepting, Processing and Marketing of Recyclable Materials Collected in the City; 505 B. Transporting and Disposing or arranging for Disposal of Residue at the Approved Disposal Facility; 506
April 1, 2025 14 City of Pleasanton/GreenWaste Recovery, LLC C. Maintaining accurate records and providing timely reporting of all materials Accepted and transactions 507 conducted under this Agreement; 508
D. Furnishing all labor, supervision, vehicles and fueling/charging, containers, and Processing equipment, other 509 equipment, materials, supplies, and all other items and S ervices necessary to perform its obligations under 510 this Agreement; 511
E. Paying all expenses related to provision of Services required by this Agreement, including, but not limited to, 512 taxes, regulatory fees, governmental fees, and payments to the City, etc.; 513 F. Performing all S ervices in substantial accordance with Contractor’s Proposal (as it relates to Contractor 514 Services) and in full accordance with this Agreement at all times using Standard I ndustry Practice for 515 comparable operations. If Contractor’s Proposal and Agreement conflict, the terms and provision of the 516 Agreement shall prevail; 517
G. Securing and maintaining all necessary Permits for operation of the Approved Processing Facilities; 518 H. Complying with Applicable Law; 519
I. Providing reports in a timely manner; 520
J. Providing all S ervices required by this Agreement in a thorough and professional manner so the City is 521 provided timely, reliable, courteous, and high-quality service at all times; and, 522 K. Performing or providing all other Services necessary to fulfill Contractor’s obligations under this Agreement. 523
2.2 Change in Marketability of Materials 524
Should any materials not currently designated as Recyclable Materials in Exhibit D be able to be P rocessed as a 525 Recyclable Material and develop a value (based on independent reported values) equal to or greater than the cost 526 of Disposal for a sustained period of six months and can reasonably be expected to at least maintain that value for 527 the foreseeable future, the City reserves the right to request Contractor to agree to add such materials to the list in 528 Exhibit D and may request a change in scope to have Contractor Process and Divert such materials under this 529 Agreement. In response to the modification of the SB 54 required materials list, Contractor shall, by default, accept 530 such modification, and Parties shall meet and confer to modify Exhibit D. Should any materials currently designated 531 as Recyclable Materials in Exhibit D, experience a decline in value (based on independent reported values) so that is 532 less than the cost of Disposal for a period of six months and can reasonably be expected not to exceed the cost of 533 Disposal for the foreseeable future, the City and Contractor shall meet to determine whether such materials shall 534 be deleted and may have Contractor not P rocess and Divert such materials under this Agreement . Such change(s) 535 will be treated as a change in scope in accordance with procedures in Section 2.3. 536
2.3 Change in Scope 537
The City may, by written notice, direct Contractor to perform additional services or modify existing S ervices under 538 this Agreement, but no change in scope shall be constructed so as to materially impair the rights or increase the 539 obligations of Contractor granted hereunder. 540
A. For example, and without limitation, the City or Contractor may request the following changes in scope: 541 (1) Change in Marketability of materials, as provided above in Section 2.2; 542
April 1, 2025 15 City of Pleasanton/GreenWaste Recovery, LLC (2) Inclusion/deletion of additional Recyclable Materials to Exhibit D; 543 (3) I nclusion/deletion of new Diversion programs; 544
(4) Research, development, and implementation of innovative services, which may entail different 545 Processing, and/or Diversion methods; 546
(5) Research, development, and performance of pilot programs; 547 (6) Modification of the manner in which Contractor performs existing Services; 548 (7) Implementation of other program or service adjustments as may be determined; 549 (8) Implementation of existing and new Extended Producer Responsibility programs, as provided in Section 550
2.6; and, 551
(9) Any change in services mandated by the City pursuant to the disaster waiver provision in Section 6.10.E. 552 B. Within sixty (60) Days of the City’s written request under this Section, Contractor shall present a written 553 proposal to perform the additional or modified Processing services or stop Processing some of the Recyclable 554 Materials or performing some of the Diversion programs. At a minimum, the proposal shall contain a complete 555 description of the following: 556
(1) Changes to Processing and Diversion methodology to be employed (equipment, sorting stations, 557 staffing requirements, etc.); 558
(2) Changes in equipment to be used; 559
(3) Changes in labor requirements (number of employees by classification; estimated hours per year per 560 employee); 561
(4) Changes to types of materials to be Processed and Diverted and estimated volumes per week and per 562 year; and 563
(5) Five-year projection of the financial results of the program's operations in a balance sheet and 564 operating statement format, including documentation of the key assumptions underlying the 565 projections and the support for those assumptions, giving full effect to the savings or costs to existing 566 Services and revenues from Marketing of Recovered Materials. 567 C. The City shall review Contractor’s proposal for the change in scope of services. The City may negotiate with 568 Contractor to amend the Agreement to reflect the change in scope, or the City may choose not to negotiate 569 with Contractor. The Parties will cooperate in good faith to amend the Agreement, as needed, to reflect the 570 outcome of the City’s review of the proposal. 571
D. Contractor shall not be compensated for the proposal preparation costs or costs incurred during the 572 negotiation of its proposal for the change in scope . However, Contractor may seek a Special Recovered 573 Materials Revenue Payment Adjustment review in the event the City agrees to the modification to the scope 574 of Services in accordance with this Section. 575
E. If the City chooses to negotiate with Contractor and Contractor and the City cannot agree on terms and 576 conditions of such services within one hundred twenty (120) Days from the date when the City first requests 577 a proposal from Contractor to perform such services, Contractor acknowledges and agrees that the City may 578
April 1, 2025 16 City of Pleasanton/GreenWaste Recovery, LLC permit other Persons besides Contractor to provide additional Processing and/or Diversion services not 579 otherwise contemplated by this Agreement. 580
2.4 Obligation to Provide Service 581
The City and Contractor agree, as more fully set forth in the Recitals to this Agreement, that proper Processing and 582 Diversion of Recyclable Materials is fundamental to the protection of the public health, safety and the well-being of 583 the City’s residents and businesses. Contractor agrees that it will exercise due diligence in performing the Services 584 described herein . The City’s responsibility for ensuring the adequacy of these S ervices in part provides the 585 justification for executing this Agreement with Contractor. This Agreement creates an obligation that such Services 586 continue to be provided even under difficult, adverse, or unforeseeable circumstances, such as but not limited to, 587 natural disaster, pandemic , labor unrest, and any period where legal actions, future judicial interpretations of 588 current law, or new laws or regulations impact the effectiveness of portions of this Agreement. In such an event, it 589 shall be the responsibility of Contractor to mitigate any potential damages to other services being provided as much 590 as possible. 591
Contractor shall bear the risk of any lost profits or losses associated with the cost of providing continued Service as 592 a result of such a legal action or ruling, and similarly the City shall bear the loss of payments to the City. 593
2.5 No Guarantees of Materials Volume or Composition 594 The City has the right to and agrees to direct its Franchised Collector to Deliver all Recyclable Materials it Collects in 595 the City to the Approved Recyclable Materials Processing Facility for Processing and Diversion by Contractor during 596 the Term of the Agreement . The City does not guarantee the quantity or composition of the Recyclable Materials 597 Delivered to the Approved Recyclable Materials Processing Facility . The Parties acknowledge that the quantity and 598 composition of Acceptable m aterials will be impacted during the Term of the Agreement based on a number of 599 unpredictable factors such as, but not limited to, the factors listed below: 600 • The state of the economy; 601
• The number of residents and the number and type of businesses; 602 • Participation level of residents and businesses in various Diversion programs; 603 • Rate setting practices for Collection services; 604
• Changes in packaging, products, technology, and other factors; 605 • The City’s future implementation of services which may result in a reduction or increase in the volume of 606 Recyclable Materials and which may result in a change in the composition of the Recyclable Materials; 607 • Extent to which other Persons collect and transport Recyclable Materials that require special handling or 608 unique Processing services; 609
• Diversion programs/policies of the City , the City’s Franchised Collector, the State, Alameda County, and 610 others; 611
• Impact of existing, pending, or future Applicable Law, including but not limited to, AB 939, AB 341, AB 1201, 612 AB 1826, SB 343, SB 54, SB 1383, CALGreen, and the Advanced Clean Fleets Regulation. 613 • Impact of new bans or policies on the Disposal of materials, including, but not limited to, polystyrene, single 614 use bags, etc. established by the City, Alameda County, and/or the State; and, 615 • Impact of new policies on product stewardship and extended producer responsibility established by the 616 City, Alameda County, and/or the State. 617
April 1, 2025 17 City of Pleasanton/GreenWaste Recovery, LLC
2.6 Extended Producer Responsibility Programs 618
A. General. The City and Contractor acknowledge that the requirements under the existing Extended Producer 619 Responsibility Programs (including, but not limited to, AB 1201, SB 1383, SB 54, and SB 343) may be applicable 620 to the S ervices provided by Contractor under this Agreement, and that additional or amended Extended 621 Producer Responsibility Programs may be established in the future. Contractor further acknowledges that, 622 because the Approved Recyclable Materials Processing Facility Accepts materials from the public that may be 623 regulated by an Extended Producer Responsibility Program, Contractor may be uniquely positioned to operate 624 or participate in such programs. 625
B. Change in Scope. The City may require Contractor’s compliance with, and participation in, existing and/or 626 new Extended Producer Responsibility Programs that may include a modification to Exhibit D or Contractor 627 implementation of a drop-off program(s) at the Approved Recyclable Materials Processing, to the extent that 628 doing so is reasonably appropriate and does not violate the Permits of the subject Facility. 629 Notwithstanding Section 8.5.A.4, any and all City Extended Producer Responsibility Program requests and/or 630 requirements shall be treated as a change in scope in accordance with Sections 2.3, 8.5.A.1, and 8.6 and shall 631 not be treated as a Change in Law pursuant to Section 8.5.A.4; provided, however, that Contractor shall be 632 expressly precluded from requesting a Special Tipping Fee Review for a change in scope if Contractor’s is 633 compensated in whole for Processing, Recovery, and/or Diversion costs associated with such participation. 634 Additionally, Contractor shall be expressly precluded from requesting any Special Tipping Fee Review, as 635 described in this Section, for any materials Contractor represented as already being Recovered and or 636 Diverted, as described in Exhibit E, even if the subject material is covered under what might otherwise be 637 considered an eligible item under Section 8.5.A. 638
C. City Rights to Solicit Proposals. The City may, from time -to-time, request that Contractor initiate or 639 participate in an Extended Producer Responsibility Program; provided, however, that Contractor 640 acknowledges and agrees that the City is under no obligation to request any such proposal from Contractor. 641 Furthermore, Contractor acknowledges and agrees that, at any time during the Term of this Agreement, the 642 City may solicit proposals from other Persons related to Extended Producer Responsibility Programs and may 643 permit other Persons besides Contractor to provide such services, and that nothing herein shall prevent the 644 City from also soliciting cost and operating information from other Persons in order to inform the City’s 645 evaluation of any Contractor-provided proposal. 646
D. City Requested Proposal. If the City requests an Extended Producer Responsibility Program proposal from 647 Contractor under this Section, Contractor shall be required seek out and coordinate with the applicable 648 Stewardship Organization designated for the applicable program and shall describe such partnership in its 649 proposal; these requirements are in addition to the requirements provided in Section 2.4. The City’s written 650 request for a proposal may also require additional and/or specific information relating to the Extended 651 Producer Responsibility Program, including such information determined by the City (at the City Manager’s 652 sole discretion) to be reasonably necessary. The City shall review the proposal and may request additional 653 supporting documentation, calculations, or other information necessary to evaluate Contractor’s proposal for 654 reasonableness and to evaluate Contractor’s ability to comply with the requirements of the Extended 655 Producer Responsibility Program. 656
As such, Contractor shall, by default, accept the City’s request to enact the Extended Producer Responsibility 657 program, unless Contractor can demonstrate significant barriers that would make providing such services 658 impracticable. Contractor shall express any objections or concerns during the meet- and-confer period and 659 Contractor shall provide substantial evidence of such barriers in Contractor’s proposal. Such information will 660 be further reviewed by the City. 661
E. Record Keeping and Reporting. Contractor acknowledges that, as part of the S ervices provided under this 662 Agreement, Contractor’s participation in any Extended Producer Responsibility Program may impact the City, 663
April 1, 2025 18 City of Pleasanton/GreenWaste Recovery, LLC Subscribers to Franchised Collection services, and the City’s other service providers. As such, regardless of 664 whether Contractor is specifically contracted under this Agreement to provide any such Extended Producer 665 Responsibility Programs under this Agreement, Contractor acknowledges and agrees it has obligations to the 666 City, nonetheless. 667
Throughout the Term of this Agreement, Contractor shall maintain records of all funding or other resources 668 Contractor receives directly or indirectly through an Extended Producer Responsibility Program. Contractor 669 shall inform and report to the City as part of Contractor’s obligations under Exhibit A and shall calculate and 670 demonstrate the dollar amount that can be attributed to S ervices provided under this Agreement. Any 671 payments based on R ecovery of one or more commodities shall be reflected in the revenue sharing 672 calculations in a manner that gives the full value of such payments to the City. In the event the Contractor 673 receives payments of any kind from the producer responsibility organization related to the addition of 674 equipment or personnel at the Approved Materials Processing Facility, such amounts shall not be recoverable 675 from the City in relation to the Contractor’s costs for implementation of SB 54.Contractor shall include copies 676 of invoices or receipts with the applicable Stewardship Organization with its payment or Tipping Fee 677 Application, as appropriate, regardless of whether the City is aware such funding or other resources have 678 been received by Contractor. 679
Contractor shall also maintain all operational and financial records related to Extended Producer 680 Responsibility Programs as provided in Article 9 and report such information to the City in accordance with 681 Exhibit A or as otherwise requested by the City Manager. 682 ARTICLE 3 683
REPRESENTATIONS AND WARRANTIES 684
3.1 Of Contractor 685
By acceptance of this Agreement, Contractor represents and warrants that: 686 A. Existence and Powers . Contractor is a limited liability company, duly organized in Delaware and , validly 687 existing, and in good standing under the laws of the State of California and is qualified to transact business in 688 the State and has full legal right, power, and authority to enter into and perform its obligations under this 689 Agreement. 690
B. Due Authorization and Binding Obligation. Contractor has the authority to enter into and perform its 691 obligations under this Agreement. Contractor has taken all actions required by law or otherwise to authorize 692 the execution of this Agreement. The Person(s) signing this Agreement on behalf of Contractor have authority 693 to do so, and this Agreement constitutes the legal, valid, and binding obligation of Contractor enforceable 694 against Contractor under its terms. 695
C. Truth and Accuracy of Information. The information supplied by Contractor in all written submittals made in 696 connection with Contractor’s S ervices, including Contractor’s Proposal and any other supplementary 697 information submitted to the City, which the City has relied on in awarding and entering this Agreement, is 698 true, accurate, and complete, and does not contain material omissions or misleading statements. Contractor 699 will inform City of any change in that information within one (1) week of discovering any untruth or inaccuracy. 700 D. Contractor’s Due Diligence. Contractor has made an independent investigation and examination (satisfactory 701 to it) of the conditions and circumstances surrounding the Agreement and the work to be performed 702 hereunder. Relying solely upon its own investigation, advice, and counsel, Contractor has taken such matters 703
April 1, 2025 19 City of Pleasanton/GreenWaste Recovery, LLC into consideration in entering this Agreement to provide S ervices in exchange for Contractor Revenue 704 provided for under the terms of this Agreement. 705
E. Ability to Perform . Contractor possesses the business, professional, and technical expertise to manage, 706 Process, and D ivert the Recyclable Materials, and Contractor possesses the equipment, facilities , and 707 employee resources required to perform Services under the terms of this Agreement. 708 F. Voluntary Use of Approved Facilities. Contractor, without constraint and as a free-market business decision 709 in accepting this Agreement, agrees to use the Approved Facilities, or other location approved by the City, for 710 the purposes of Processing or Diverting all Recyclable Materials Accepted and for Disposal of Residue. Such 711 decision by Contractor in no way constitutes a restraint of trade notwithstanding any Change in Law regarding 712 flow control limitations or any definition thereof. 713 G. No Warranty Regarding Volumes or Material Types. Contractor recognizes that the City expressly disclaims 714 any warranties, either express or implied, as to the volume, type, merchantability or fitness for any particular 715 purpose of Recyclable Materials Delivered by the Franchised Collector and Accepted and Processed by 716 Contractor. 717
H. Capacity. Contractor warrants that, as of the Commencement Date, it has Processing capacity at the Approved 718 Processing Facilities to Process all Recyclable Materials Accepted at the Approved Processing Facilities from 719 the Franchised Collector throughout the Term and that it shall maintain that Processing capacity through the 720 Term. If Contractor fails to provide the capacity needed to fulfill its obligation, the City may assess Liquidated 721 Damages for each Ton of the Recyclable Materials that Contractor does not Accept or Process in accordance 722 with Section 11.9 and Exhibit B. 723
I. Permits and Approvals. Contractor warrants that all licenses, Permits, qualifications, and approvals of 724 whatsoever nature that are legally required for Contractor to perform its obligations under this Agreement 725 shall be secured on or before the Commencement Date of this Agreement, and Contractor further warrants 726 that it shall, at its sole cost and expense, keep in effect or obtain at all times during the Term all licenses, 727 Permits, and approvals that are legally required for Contractor to perform its obligations under this 728 Agreement. 729
J. Covenant Not to Sue. For the Term of this Agreement, Contractor agrees that neither Contractor, its officers, 730 employees, agents, Subcontractors, nor its Affiliates, will file any lawsuit against the City that alleges any 731 claims related to, arising out of, or in connection with the City’s Request for Proposals process for Contractor’s 732 Services, including the award of any agreement or contract thereunder. 733 K. Iran Contracting Act Certification. Contractor represents and warrants that it is in compliance with and has 734 completed all requirements necessary to become certified under the Iran Contracting Act (Public Contract 735 Code Sec. 2200). Proof of certification shall be included as Exhibit C of this Agreement. 736
3.2 Of the City 737
By acceptance of this Agreement, the City represents and warrants that: 738 A. Existence and Powers. The City is a municipal corporation organized and validly existing under the laws of the 739 State of California, with full legal right, power, and authority to enter into and perform its obligations under 740 this Agreement. 741
B. Due Authorization and Binding Obligation. The City has the authority to enter into and perform its obligations 742 under this Agreement. The City has taken all actions required by law or otherwise to authorize the execution 743 of this Agreement. The Person(s) signing this Agreement on behalf of the City have authority to do so, and 744
April 1, 2025 20 City of Pleasanton/GreenWaste Recovery, LLC this Agreement constitutes the legal, valid, and binding obligation of the City enforceable against the City 745 under its terms. 746
C. No Warranty Regarding Volumes or Material Types. The City expressly disclaims any warranties, either 747 express or implied, as to the volume, type, merchantability or fitness for any particular purpose of the 748 Recyclable Materials Delivered to, Accepted, and Processed by Contractor. 749
3.3 Of the Parties 750
By acceptance of this Agreement, the Parties represent and warrant that: 751 A. No Conflicts. To the best of the Parties’ knowledge, after reasonable investigation, neither the execution or 752 delivery of this Agreement or the performance by the Parties of their obligations hereunder does not conflict 753 with, violate, or result in breach of: 754
(1) Any Applicable Law; 755
(2) Any term or condition of any judgment, order, or decree of any court, administrative agency, or other 756 governmental authority; or, 757
(3) Any agreement or instrument to which Contractor or any of its Affiliates is a party or by which 758 Contractor or any of its Affiliates’ properties or assets are bound or constitutes a default thereunder. 759 B. No Litigation. There is no administrative filing, action, suit, or other proceeding as of the Effective Date, at 760 law or in equity, before or by any court or governmental authority, commission, board, agency, or 761 instrumentality decided, pending or, to the Parties’ best knowledge, threatened by or against either Party 762 wherein an unfavorable decision, ruling, or finding in any single case or in the aggregate, would: 763 (1) Materially adversely affect the performance by either Party of its respective obligations hereunder or 764 the transactions contemplated by this Agreement; 765
(2) Adversely affect the validity or enforceability of this Agreement; or, 766 (3) Materially adversely affect the financial condition of Contractor, or any surety or entity guaranteeing 767 Contractor’s performance under this Agreement. 768
C. No Legal Prohibition. The Parties have no knowledge of any adverse judicial decision or Applicable Law in 769 effect on the Effective Date that either affects the validity of this Agreement or would prohibit the 770 performance by either Party of its respective obligations hereunder or the transactions contemplated by this 771 Agreement. 772
ARTICLE 4 773
TERM OF AGREEMENT 774
4.1 Term and Option to Extend 775
The Term of this Agreement shall commence July 1, 2025 (Commencement Date) and continue in full force for a 776 period of four (4) years, through and including June 30, 2029, unless the Agreement is extended in accordance with 777 this Section or terminated pursuant to Article 11. Between the Effective Date and Commencement Date, Contractor 778
April 1, 2025 21 City of Pleasanton/GreenWaste Recovery, LLC shall perform all activities necessary to prepare itself to provid e S ervices required by this Agreement on the 779 Commencement Date. 780
At the City’s sole discretion, the Term of this Agreement may be extended, for up to sixty (60) months after June 30, 781 2029 (i.e., until June 30, 2034) , in one or more periods specified by the City . Such extensions shall be conditioned 782 upon Contractor’s achievement of the two (2) performance standards defined in Section 4.2, each of which may be 783 waived by the City in its sole discretion. If the City elects to exercise this option to extend the Term of this Agreement, 784 it shall give written notice of its election to Contractor one hundred eighty (180) D ays prior to the then existing 785 expiration date specifying the number of months by which the City wishes to extend the Term. 786 The City has no obligation to renegotiate, renew, or extend the rights granted to Contractor beyond the initial four-787 year (4-year) Term of the Agreement. 788
4.2 Extension Conditions 789
At the City’s sole discretion, without negotiation, and with no change in compensation other than as provided for in 790 Article 8, the Term of this Agreement may be extended by written notice of the City, without need of written 791 amendment, for up to sixty (60) months in one (1) or more periods specified by the City. If the City elects to exercise 792 this option to extend the Term under this Agreement, the City shall give written notice of its election to Contractor 793 no less than one hundred eighty (180) Days prior the then existing expiration date specifying the number of months 794 by which the City wishes to extend the Term. 795
The City has no obligation to renegotiate, renew, or extend the rights granted to Contractor beyond the initial Term 796 of the Agreement. 797
ARTICLE 5 798
FACILITY OPERATIONS 799
5.1 Overview of Scope 800
A. Acceptance. Contractor shall receive Delivery of and Accept at the Approved Recyclable Materials Processing 801 Facility all Recyclable Materials Collected in the City by the Franchised Collector, subject to the limitations of 802 Section 5.1.C. 803
B. Processing and Marketing . Contractor agrees to Process, Divert, and Market all Recyclable Materials it 804 Accepts from the Franchised Collector at the Approved Recyclable Materials Processing Facility. 805 C. Limitations to Scope. The scope of this Agreement does not include Processing and Diversion of the following: 806 (1) Materials Collected by the Franchise d Collector that are not C ollected in the regular Recyclable 807 Materials Collection containers such as, but not limited to: Electronic Materials, Universal Materials, 808 Sharps, and Bulky Items that are Diverted by the Franchised Collector; nor 809 (2) Recyclable Materials generated in the City which are not C ollected by the City or its Franchise d 810 Collector. 811
D. Cost of Service. Contractor shall pay all costs associated with Accepting, Processing, Diverting, and Marketing 812 of Recyclable Materials. 813
April 1, 2025 22 City of Pleasanton/GreenWaste Recovery, LLC E. Facility Fees. Contractor shall pay all fees assessed by governmental or regulatory agencies for operation of 814 the Approved Facilities. 815
F. Commencement. Services shall commence on the Commencement Date, unless otherwise provided for in 816 this Agreement. 817
5.2 City Obligations 818
A. Delivery of RecyclableMaterials. The City shall, at all times, direct all Recyclable Materials Collected in the 819 City by the Franchised Collector to be Delivered to the Approved Recyclable Materials Processing Facility. 820 B. No Tonnage Obligation or Limit on Waste Prevention. The City currently operates programs intended to 821 reduce the amount of waste for landfill Disposal. Nothing in this Agreement shall prevent, penalize, or impede, 822 in any manner, the City from continuing and expanding these programs, reducing the scope of these 823 programs, or developing new programs , all of which may reduce or increase the amount of Recyclable 824 Materials Collected and Delivered to be Processed at the Approved Recyclable Materials Processing Facility. 825 It is the City’s intent to continue to improve, develop, or enhance existing programs, as well as to implement 826 new programs and services throughout the Term to meet the Diversion goals and program requirements 827 established by Applicable Law. As a result, the characterization and quantity of materials D elivered to the 828 Approved Facilities will change over the Term and may be significantly different than that as of the 829 Commencement Date of the Agreement . Contractor shall not be compensated for any changes in the 830 characterization of, quantity of, or other changes to materials it receives , except as provided for in Section 831
2.3 and 8.5.A of this Agreement. 832
Notwithstanding the provisions of S ection 2.1, neither the City nor the Franchised Collector is obligated to 833 Deliver any specified quantity of Recyclable Materials from the City to the Approved Recyclable Materials 834 Processing Facility. 835
C. Franchised Collector’s Unpermitted Waste Program. The City shall direct its Franchised Collector to 836 implement an Unpermitted Waste screening, identification, and prevention protocol. The City shall prohibit 837 its Franchised Collector from knowingly Delivering Unpermitted Waste to the Approved Processing Facilities. 838 D. Costs and Facility Fees . All costs associated with Acceptance , Processing, Diversion, and Marketing of 839 Recyclable Materials at the Approved Recyclable Materials Processing Facility, as well as Transportation and 840 Disposal of Residue at the Approved Disposal Facility, shall be paid by Contractor. 841
5.3 Contractor Obligations 842
Contractor shall perform Services in accordance with Applicable Law, Standard Industry Practice, due diligence and 843 specification, and other requirements of this Agreement. 844
5.4 Recyclable Materials Processing Services 845
A. General. Contractor is responsible for receiving and Accepting Source Separated Recyclable Materials 846 Delivered to the Approved Recyclable Materials Processing Facility by the City’s Franchised Collector. 847 Contractor is responsible for Processing all Source Separated Recyclable Materials Collected in the City by the 848 Franchised Collector that were Accepted at the Approved Recyclable Materials Processing Facility. Contractor 849 shall use the Approved Recyclable Materials Processing Facility for Recyclable Materials Processing, Diversion, 850 and Marketing. A general description of the Approved Recyclable Materials Processing Facility operation is 851
April 1, 2025 23 City of Pleasanton/GreenWaste Recovery, LLC provided in Exhibit K. Below is information about the Approved Recyclable Materials Processing Facility 852 approved by the City for Processing of Recyclable Materials: 853 Facility Name: __GreenWaste San Jose MRF____________________ 854 Owner: _____GreenWaste Recovery LLC_________________ 855 Operator: ___GreenWaste Recovery LLC___________________ 856 Address: __625 Charles St. San Jose, CA 95112____________________ 857 Contact Person and Telephone Number: _Ricardo Lopez, 408-504-6494_____________________ 858 B. Recyclable Materials Processing Facility Operations. Contractor shall provide Recyclable Materials Processing 859 Services at the Approved Recyclable Materials Processing Facility in accordance with the Service standards 860 described in Articles 5 and 6, and the following Service specifications: 861 (1) Operating, managing, and maintaining the Approved Recyclable Materials Processing Facility, including 862 all buildings, scales, roads, utilities, equipment, and other Facility requirements; 863 (2) Providing, operating , and maintaining all equipment, rolling stock, and supplies necessary for 864 operations and maintenance; 865
(3) Operating and maintaining the scale house and scale system and weighing Recyclable Materials 866 Delivered to the Approved Recyclable Materials Processing Facility in accordance with Section 6.5; 867 (4) Directing on-site traffic to appropriate unloading areas in accordance with Section 6.4 and providing a 868 safe working environment for Approved Recyclable Materials Processing Facility users, visitors, and 869 employees, including requirements set forth in Sections 6.6 and 6.19; 870 (5) Accepting Delivery of all Recyclable Materials, subject to the limitations of Sections 5.6 and 6.1; 871 (6) Processing Recyclable Materials (with __ number of sorting stations and __ of sorters) and preparing 872 Recovered Materials for Market; 873
(7) Safely managing the Recyclable Materials Accepted at the Approved Recyclable Materials Processing 874 Facility, including, but not limited to, meeting requirements of Section 6.6; 875 (8) Implementing an Unpermitted Waste screening, identification, and prevention protocol. Franchised 876 Collector shall develop and implement a program to detect and discover Hazardous Waste and shall 877 not knowingly Deliver Unpermitted Waste to the Approved Recyclable Materials Processing Facility per 878 Section 5.14.7 of the Franchised Collector’s agreement; 879 (9) Managing Recovered Materials in a manner compliant with AB 939, SB 1383, and other Applicable Law 880 to ensure that the City shall benefit from full programmatic compliance Diversion credit for that 881 material; and, 882
(10) Marketing Recovered Materials and arranging for or providing Transportation of the Recovered 883 Materials to end-users or Markets. 884
C. Allowable Recyclable Materials . The City shall direct the Franchised Collector to Deliver all Recyclable 885 Materials Collected by the Franchised Collector to Contractor’s Approved Recyclable Materials Processing 886 Facility. Contractor shall Accept all the City’s Recyclable Materials Delivered by the Franchised Collector, as 887 defined in Exhibit D, and shall Process all Recyclable Materials Delivered to maximize Recovery, Recycling, and 888 Diversion. Contractor shall be expressly precluded from requesting any Special Tipping Fee Review, as 889 described in Section 8.5 or 8.6, for any materials Contractor was previously Recovering and Diverting as 890
April 1, 2025 24 City of Pleasanton/GreenWaste Recovery, LLC described in Contractor’s Proposal, even if the addition of the subject material is covered under what might 891 otherwise be considered an eligible item under Section 8.5.A. 892 If existing Extended Producer Responsibility Programs (including but not limited to, AB 1201, SB 1383, SB 54, 893 and SB 343) or new Extended Producer Responsibility Programs, as further described in Section 2.6 , require 894 additional materials be Diverted that are not otherwise identified in Exhibit D and Exhibit E , the City may 895 incorporate such materials into the City’s Collection program for Recyclable Materials and update Exhibit D, 896 as appropriate, and Contractor shall Accept, Process, Recover, and Divert those materials. The City may also 897 request Contractor participate in another type of program to receive the subject material for Processing, 898 Recovery, and Diversion that would constitute a change in scope, as described in Section 2. 3, although the 899 City is under no obligation to do so. Notwithstanding the provisions of Section 8.5 .A.4, any and all such 900 changes described in this paragraph related to Extended Producer Responsibility Programs shall be treated as 901 a change in scope pursuant to Sections 2.3, 8.5.A.1, and 8.6 and shall not be considered a Change in Law. 902 Further, Contractor shall also be expressly precluded from requesting a Special Tipping Fee Review, as 903 described in Section 8.5, to the extent any such item is covered under an Extended Producer Responsibility 904 Program that compensates Contractor for the Processing, Recovery, and/or Diversion of such materials, in 905 whole. The City reserves the right to trigger a Special Tipping Fee Review or direct Contractor to otherwise 906 remit compensation attributable to the S ervices under this Agreement, as provided in Section 8 .5.E, if 907 Contractor receives compensation for the Processing, Recovery, and/or Diversion of any such item from the 908 City’s Service Area under an Extended Producer Responsibility Program. 909 Additionally, to the extent that either Party becomes aware that Exhibit D may need to be modified as a result 910 of an Extended Producer Responsibility Program, that Party shall notify the other Party within five (5) Days of 911 being made aware of such change. Upon the City’s request, and to the extent the City desires to incorporate 912 any new materials into the City ’s Collection program, the Parties shall promptly meet and confer to discuss 913 the timeline and process for the City to implement such changes to the Collection program and for Contractor 914 to make necessary adaptations to its P rocessing method to ensure Recovery and Diversion of the subject 915 materials. The City shall update Exhibit D, as appropriate , and Contractor shall implement any required 916 changes to its Processing method on a timeline as mutually agreed to by Contractor and the City or before 917 any required deadlines identified in the Extended Producer Responsibility Program, whichever is sooner. 918 Contractor shall maintain records in accordance with Article 9 and Exhibit A. Pursuant to Section 1 1.3, 919 Contractor shall bear full responsibility for complying with all Applicable Law and the provisions of this 920 Agreement. 921
D. Diversion. Contractor shall Process all Recyclable Materials in a manner that maximizes reuse, Recycling, and 922 Diversion. After Processing, Contractor may Dispose of materials that do not have a higher or better use as 923 Residue, to the extent allowed by State and local law. Contractor shall Process all Recyclable Materials such 924 that each Diverted commodity is of sufficient quality such that they attract the highest domestic market prices 925 for similar commodities, produced and sold by other local Processing facilities that Process single -stream 926 Recyclable Materials. Contractor’s operation of the Approved Recyclable Materials Processing Facility must 927 consistently produce commodities that achieve Residue and contamination standards that meet or exceed 928 the domestic market requirements such that they could attract the highest current domestic market price for 929 the specified commodities. Verification of commodity quality standards shall be conducted annually through 930 the material characterization study performed in accordance with Exhibit I. 931 E. Material Characterization. Contractor shall engage a third party to design and perform a Residue and material 932 characterization study of the Recyclable Materials Processed at the Approved Recyclable Materials Processing 933 Facility a minimum of one (1) time per calendar year. Contractor shall propose a study methodology that must 934 include separately Processing at least thirty (30) Tons of Recyclable Materials from the City Service Area, 935 stratified across no fewer than three (3) distinct D ays of S ervice, at the Approved Recyclable Materials 936 Processing Facility under normal operating conditions for the Facility (i.e., staffing levels, belt speed, burden 937 depth) and meet all other requirements as described in Exhibit I. The methodology must be approved by the 938
April 1, 2025 25 City of Pleasanton/GreenWaste Recovery, LLC City Contract Manager in writing prior to Contractor conducting such a study. The City may require that 939 Contractor coordinates the timing and method of study with other Facility users utilizing a similar Residue and 940 characterization methodology. The City shall be notified at least thirty (30) calendar Days in advance of each 941 annual study and Contractor shall invite the City Contract Manager to observe all aspects of the study. 942 F. Marketing. Contractor shall be responsible for Marketing the Recoverable Recyclable Materials Accepted at 943 the Approved Recyclable Materials Processing Facility . No Recoverable Recyclable Materials shall be 944 deposited for Disposal. 945
Upon request, Contractor shall provide proof to the City that all Recoverable Recyclable Materials are 946 Marketed for Recycling or reuse in such a manner that materials shall be considered as Diverted in accordance 947 with the State regulations established by AB 939,AB 341, SB 54, SB 343, and SB 1201 . All Residue, which will 948 include a de minimis amount of Recyclable Materials from the Processing activities that is not M arketed for 949 use, shall be reported to the City as Residue and accounted for as Disposal Tonnage at a Permitted Disposal 950 Facility. No Recoverable Recyclable Materials shall be Transported to a domestic or foreign location if Solid 951 Waste Disposal of such material is its intended use. No Recoverable Recyclable Materials or Residue shall be 952 used for Beneficial Reuse Purposes. 953
Upon request, Contractor shall provide a summary of its Marketing plan, average commodity value for each 954 material, end Markets for Recyclable Materials and submit it to the City for review and approval. Contractor 955 shall provide the City with a list of broker/buyers it has used during the preceding twelve (12) months, if 956 requested by the City. If Contractor becomes aware that a broker or buyer has illegally handled or Disposed 957 of material generated in the Service Area or elsewhere, Contractor shall immediately inform the City and 958 terminate its contract or working relationship with such party. 959 Contractor shall maintain complete, accurate, and detailed Marketing records, including Tonnage of material 960 Marketed, price, revenue received, purchaser, and end use in accordance with Section 9.1. 961 G. Residue Level (Diversion Performance) and Disposal. Contractor shall guarantee a Diversion rate of 80% for 962 Loads of Recyclable Materials containing no more than 15% Contamination upon receipt. Recyclable Materials 963 containing more than 15% C ontamination will be Processed but not count toward the Diversion guarantee. 964 For the purpose of this Residue guarantee, the Residue level shall be equal to the monthly Tonnage of 965 Processing Residue requiring Disposal divided by the total monthly Tonnage of Recyclable Materials Accepted, 966 calculated through the annual Residue and material characterization study , and reported per Rate Year. 967 Residue from the Processing activities shall be Disposed of by Contractor at the Approved Disposal Facility 968 selected by Contractor and approved by the City . Contractor shall not use Residue for Beneficial Reuse 969 Purposes. Further, Contractor shall guarantee that Residue from Recyclable Materials Processing shall contain 970 no more than 10% Recyclable Materials by weight. If Residue is found to contain more than 10% R ecyclable 971 Materials by weight, and includes Recoverable Marketable commodities, Contractor shall compensate the 972 City for the loss in Recovered Materials Revenue Payments due to the M arketable materials found in the 973 Residue. 974
The City reserves the right to perform onsite inspections of the Residue resulting from Processing. In the event 975 the City suspects that Recyclable Materials in the Residue exceeds the threshold based on those observations, 976 the City may engage a third party to conduct an on-site review of the Residue, up to once per R ate Year, to 977 verify compliance with the Residue guarantee. If Contractor disputes the City’s findings, the City and 978 Contractor shall meet and confer to agree on specific actions and timelines Contractor will take to reduce 979 Accepted Recyclable Materials in the Residue prior to initiating any dispute resolution proceedings under this 980 Agreement. 981
H. Visitor Education Facility. Contractor shall make its visitor education facility at the Approved Recyc lable 982 Materials Processing Facility available for use by City . The Facility will be available for sc heduled visits at a 983 minimum, from 8:00 a.m. to 3 :00 p.m., Monday through Friday, except for Holidays, or at any other times 984
April 1, 2025 26 City of Pleasanton/GreenWaste Recovery, LLC upon mutual agreement. Contractor shall deliver visitor presentations and provide up to twenty (20) tours of 985 the Approved Recyclable Materials Processing Facility per Rate Year for organizations within the City, unless 986 impractical due to safety concerns. Contractor shall make video tours of its Facility available for the City’s use 987 with youth groups, given the Contractor’s prohibition of visitors under the age of eighteen (18). 988
5.5 D elivery and Acceptance of Recyclable Materials 989 A. General. On the Commencement Date and continuing throughout the Term, the City shall direct its Franchised 990 Collector to Deliver All Recyclable Materials Collected in the City to the Approved Recyclable Materials 991 Processing Facility , and Contractor shall commence Acceptance, Processing, Diversion, and Marketing of such 992 materials on the Commencement Date. 993
Contractor and the City agree to work cooperatively with the Franchised Collector to manage the Collection, 994 Delivery, and Acceptance process in such a way that Loads Accepted by Contractor do not include an excessive 995 amount of Contaminants that would cause Contractor to exceed the Approved Recyclable Materials 996 Processing Facilities permitted Residue levels (for a particular month). 997 B. City Obligation for Delivery. The City’s obligation to direct Delivery of Recyclable Materials Collected by its 998 Franchised Collector in the City shall be contingent upon Contractor’s satisfaction of the terms and conditions 999 of this Agreement including, but not limited to, the following requirements: 1000 (1) Contractor. Contractor being able to fully perform Contractor’s Services. 1001 (2) Site Permits and Approvals. Contractor and Approved Facilities being in compliance with Applicable 1002 Law with respect to any and all Permits required for operations of Approved Facilities. 1003 (3) Confirmation of Contractor’s Representations and Warranties. Representations and warranties made 1004 by Contractor in Article 3 are true and correct in all material respects and there have been no 1005 substantial changes in the financial position of Contractor. 1006 (4) Adverse Changes in Contractor. Since the Effective Date, there shall not have occurred any material 1007 change, financial or otherwise, that would adversely affect the ability of Contractor to perform 1008 Contractor’s obligations hereunder or its obligations under any other agreement, contract or 1009 instrument entered into or to be entered into by Contractor in connection with operation of the 1010 Approved Facilities, Contractor’s obligations, the S ervices hereunder , and the transactions 1011 contemplated hereby. 1012
(5) No Default. Contractor not being in breach or default under this Agreement or any other agreement 1013 with the City. 1014
C. Acceptance by Contractor. Contractor shall diligently visually inspect Loads and periodically shall manually 1015 characterize Loads to confirm that Accepted Recyclable Materials conform to the list of Recyclable Materials 1016 in Exhibit D and do not contain Unpermitted Waste. Contractor shall implement Load-checking procedures in 1017 a uniform and non -discriminating manner from Day-to-Day and for the City’s Recyclable Materials and 1018 materials from other sources. Ownership of the Recyclable Materials transfers to Contractor pursuant to 1019 Section 5.8 and Contractor cannot reject the Load thereafter. 1020 D. Contaminated Load Monitoring and Rejection. The objective of the Load monitoring and notification process 1021 is for Contractor to identify L oads of Recyclable Materials containing more than 15% C ontamination. It is 1022 Contractor’s responsibility to monitor the Delivered Loads of Recyclable Materials at the Approved Recyclable 1023 Materials Processing Facility for Contamination in excess of 15% and to inform both Contractor and the City 1024
April 1, 2025 27 City of Pleasanton/GreenWaste Recovery, LLC in writing if a particular Load’s Contamination level is excessive based on visual inspection . Contractor will 1025 provide pictures and truck identification documentation of each Load characterized as such. 1026 Contractor will not reject Loads or charge any C ontamination fees, but shall Process each L oad using 1027 commercially reasonable efforts to maximize D iversion. Loads documented as containing excess 1028 Contamination shall not count towards the Diversion Guarantee in Section 5.4 G. 1029 If a Load contains Unpermitted Waste characterized as Items (2) through (12) in the definition of the 1030 Unpermitted Waste, this Section shall not be applicable. In such case, the Unpermitted Waste shall be handled 1031 in accordance with Section 6.1. 1032
5.6 Guaranteed Capacity 1033
Contractor shall secure sufficient capacity to Transfer and Process all Recyclable Materials Collected in the City by 1034 the Franchised Collector and shall cause the Approved Recyclable Materials Processing Facility to Process, Divert, 1035 and Market the Recoverable Recyclable Materials. Contractor shall provide the City , upon request, with 1036 documentation demonstrating the availability of such capacity. 1037
5.7 Permits 1038
A. Securing Permits. Contractor shall obtain and maintain, at Contractor’s sole cost, all Permits required under 1039 Applicable Law to perform Services. Contractor shall provide the City copies of Permits for the Approved 1040 Facilities, and shall demonstrate compliance with the terms and conditions of Permits within ten (10) Days of 1041 the City’s request. In its Monthly Report or more frequently, as necessary, Contractor shall inform the City of 1042 Contractor’s status of securing the issuance, revision, modification, extension or renewal of Permits, including 1043 those at its or an Affiliate’s Approved Facilities. Within ten (10) Days following the City’s request, Contractor 1044 shall provide the City with copies of any applications or other correspondence that Contractor submits in 1045 connection with securing Permits. 1046
B. Complying with Permits. Contractor shall comply with all Permits, including any mitigation measures related 1047 to the operation and maintenance of the Approved Facilities , at no additional cost to the City. If Contractor 1048 provides any documentation verifying compliance with Permit conditions to the permitting authority, 1049 Contractor shall provide that same documentation to the City at the same time. Contractor is solely 1050 responsible for paying any fines or penalties imposed for noncompliance with or violation of Permits or failure 1051 to obtain Permits. 1052
5.8 Ownership of Recyclable Materials 1053
Once Recyclable Materials are Delivered by the Franchised Collector and Accepted by Contractor at the Approved 1054 Recyclable Materials Processing Facility, ownership and the right to possession of Recyclable Materials shall transfer 1055 directly from the Franchised Collector to Contractor upon the earlier occurrence of either: (i) Processing the material; 1056 or, (ii) the end of the Day’s defined hours for Acceptance of materials, which are specified in Section 6.2. 1057 Both benefits and liabilities resulting from ownership and possession of the Recyclable Materials shall accrue to 1058 Contractor. 1059
5.9 Cooperation and Disputes with Franchised Collector 1060 Contractor shall fully comply with its obligations to provide Services, including receipt of Deliveries and Acceptance 1061 of Recyclable Materials from the Franchised Collector at the Approved Recyclable Materials Processing Facility and 1062
April 1, 2025 28 City of Pleasanton/GreenWaste Recovery, LLC operation and maintenance of the Approved Recyclable Materials Processing Facility in a manner that meets the 1063 requirements of this Agreement. Contractor’s operations shall allow for safe and efficient Delivery and Acceptance 1064 of Recyclable Materials by the Franchised Collector. In the event of disputes between Contractor and the Franchised 1065 Collector, Contractor shall provide written notice of the dispute to the City and Franchised Collector, and Contractor 1066 agrees to meet and confer with the Franchised Collector in good faith to resolve the dispute. If at the end of thirty 1067 (30) Days following the initial notice to the City, Contractor and Franchised Collector have not resolved the dispute, 1068 Contractor shall notify the City, and the City and Contractor shall follow the dispute resolution procedure in Article 1069
12. In the event of a dispute, Contractor shall continue performance of Contractor’s Service obligations under this 1070 Agreement (including payment of Recovered Materials Revenue Payments to the City) and shall attempt to continue 1071 to resolve that dispute in a cooperative manner, including, but not limited to, negotiating in good faith. 1072 ARTICLE 6 1073
PERFORMANCE STANDARDS 1074
6.1 Rejection of Unpermitted Waste 1075
A. Inspection. Contractor shall use Standard Industry Practices to detect and reject Unpermitted Waste in a 1076 uniform manner and shall not knowingly Accept Unpermitted Waste at the Approved Facilities. Contractor 1077 shall comply with the inspection procedure contained in its Permit requirements. Contractor shall promptly 1078 modify that procedure to reflect any changes in Permits or Applicable Law. 1079 Contractor shall develop a Load inspection program that includes the following components: (i) personnel and 1080 training; (ii) Load checking activities; (iii) management of materials; and, (iv) record keeping and emergency 1081 procedures. Contractor’s Load checking personnel shall be trained in: (i) the effects of Hazardous Substances 1082 on human health and the environment; (ii) identification of Unpermitted Waste ; and, (iii) emergency 1083 notification and response procedures. Load inspection personnel shall inspect Recyclable Materials Delivered 1084 to the Approved Recyclable Materials Processing Facilities immediately after unloading of the materials from 1085 the Collection vehicles. Contractor shall implement its procedures in a uniform and non -discriminating 1086 manner from Day-to-Day for City materials and materials from other sources. 1087 B. Unpermitted Wastes Handling and Costs. Contractor shall arrange for or provide handling, T ransportation, 1088 and delivery of all Unpermitted Wastes detected at the Approved Facilities to a Recycling facility, incinerator, 1089 or Disposal Site P ermitted in accordance with Applicable Law. Contractor is solely responsible for making 1090 those arrangements or provisions and for all costs thereof, subject to the remedies available under Section 1091
6.1.C below. 1092
C. Remedies for Rejected Materials. If Unpermitted Waste is Delivered to the Approved Processing Facilities, 1093 Contractor shall be entitled to pursue whatever remedies, if any, it may have against Person(s) bringing that 1094 Unpermitted Waste to the Approved Recyclable Materials Processing Facility. 1095 If Contractor identifies Unpermitted Waste Delivered to the Approved Recyclable Materials Processing Facility 1096 from the Franchised Collector, Contractor shall notify the City and Franchised Collector and, in accordance 1097 with 6.1.D below, the Franchise d Collector shall Collect, Transport, and Recycle or Dispose of that 1098 Unpermitted Waste and/or remediate any resulting Contamination at the Franchise d Collector’s expense. 1099 Upon notification by Contractor, the City shall have the option to require Contractor to Recycle or Dispose of 1100 the Unpermitted Waste and/or remediate any Contamination resulting there from on Franchised Collector’s 1101 behalf and Franchised Collector shall pay the Direct Costs for such service. 1102
April 1, 2025 29 City of Pleasanton/GreenWaste Recovery, LLC D. Notification. If Contractor rejects Unpermitted Waste received at the Approved Recyclable Materials 1103 Processing Facility from the Franchise d Collector, Contractor shall immediately notify the City and the 1104 Franchised Collector verbally and then follow verbal notifications with written notice identifying the date and 1105 time of occurrence; material type; material weight or volume; characterization of material; Contractor’s 1106 reason for rejection of the Delivered material; photographs of the material, and the identification number or 1107 information of the vehicle that Delivered the material. 1108 E. Not Applicable for Contaminated Loads. The provisions of this Section shall not apply to Single Loads with 1109 excess Contamination, which shall be handled in accordance with Section 5.5.D. 1110
6.2 Days and Hours of Operation 1111
A. Approved Recyclable Materials Processing Facility. Contractor shall operate the Approved Recyclable 1112 Materials Processing Facility for Acceptance of Recyclable Materials Delivered by the Franchised Collector in 1113 accordance with the D ays and hours of operation set forth below. At a minimum, Contractor shall Accept 1114 Recyclable Materials Monday through Saturday from 3:00 a.m. to 5:00 p.m. Contractor may not reduce the 1115 hours or total number of hours for Acceptance of Recyclable Materials without prior written approval of the 1116 City, except for reductions required by a change in a Permit subsequent to the Commencement Date. 1117 Contractor shall use every effort possible to provide the City a minimum of sixty (60) Days’ written notice of 1118 such an anticipated modification. 1119
B. Extended Facility Receiving Hours. Upon request of the City, no less than one (1) Business Day in advance or 1120 any other mutually agreed time period, or in event of emergencies such as truck breakdown, poor weather 1121 or road conditions, Contractor shall Accept Recyclable Materials at times other than the Facility hours listed 1122 in Sections 6.2.. Contractor may charge the Franchised Collector $270 per hour (in 15 minute increments), if 1123 directed by the City. This provision is intended to address temporary extension of Facility hours that may be 1124 needed from time to time to accommodate special circumstances. 1125 C. Holiday Schedule. The Franchised Collector does not intend to provide Collection services on Holidays, 1126 therefore, there will not be Deliveries of Recyclable Materials on Holiday s to the Approved Recyclable 1127 Materials Processing Facilities. The Franchised Collector will adjust its Collection schedule around the Holiday, 1128 which potentially will result in increased volumes of Recyclable Materials Delivered before or after the Holiday 1129 and will likely result in Delivery of Recyclable Materials on the Saturday immediately following the Holiday . 1130 Contractor agrees to work cooperatively with the City and Franchised Collector to adjust Acceptance and 1131 Processing Services to accommodate Holiday-related Collection schedule changes. 1132
6.3 Equipment and Supplies 1133
Contractor shall equip and operate the Approved Recyclable Materials Processing Facility in a manner to fulfill 1134 Contractor’s obligations under this Agreement. Contractor is solely responsible for the adequacy, safety, and 1135 suitability of the Approved Recyclable Materials Processing Facility. Contractor shall modify, enhance, and/or 1136 improve the Approved Recyclable Materials Processing Facility as needed to fulfill Services under this Agreement. 1137 Contractor shall provide all rolling stock, stationary equipment, material storage containers, spare parts, 1138 maintenance supplies, Processing equipment, and other consumables as appropriate and necessary to operate the 1139 Approved Recyclable Materials Processing Facility and provide all Services required by this Agreement. Contractor 1140 shall place the equipment in the charge of competent operators. Contractor shall repair and maintain all equipment 1141 at its own cost and expense. 1142
April 1, 2025 30 City of Pleasanton/GreenWaste Recovery, LLC
6.4 Traffic Control and Direction 1143
A. Road Design and Maintenance. Contractor shall construct and maintain all roads at the Approved Recyclable 1144 Materials Processing Facility required for vehicles Delivering the Acceptable Materials to safely and efficiently 1145 access and use the Approved Recyclable Materials Processing Facility. Contractor shall direct on-site traffic to 1146 appropriate unloading areas and provide a safe working environment for the Franchised Collector’s 1147 employees. Contractor shall provide necessary signs and personnel to assist drivers to proper unloading areas. 1148 Contractor shall maintain all signs at the Approved Recyclable Materials Processing Facility in a clean and 1149 readable condition. Contractor shall provide and maintain signs for the convenience of Persons using the 1150 Approved Recyclable Materials Processing Facility and to facilitate safe and efficient traffic flow at the 1151 Approved Recyclable Materials Processing Facility. 1152 B. Maximum Vehicle Turnaround Guarantee. 1153
(1) General. Contractor shall maintain a Maximum Vehicle Turnaround Time of thirty (30) minutes or less 1154 for Franchised Collector’s Delivery of Recyclable Materials to the Approved Recyclable Materials 1155 Processing Facility. Turnaround time shall be measured from when the vehicle passes through a scale 1156 to when it exits a scale; as measured through the Franchised Collector’s onboard GPS tracking system. 1157 This excludes instances when the driver exits the vehicle or force majeure events. Failure to meet this 1158 guaranty for more than five (5) consecutive Working Days or more than ten (10) Working Days in any 1159 sixty Day (60) period equates to default of Contractor’s performance obligations under this Agreement. 1160 Contractor shall have a twenty -four (24) hour period to cure this breach before L iquidated Damages 1161 are assessed in accordance with this Section and Section 11.2. 1162 (2) Guaranteed Collection Vehicle Turnaround Time. Contractor shall operate the Approved Facility so 1163 that all Franchised Collector vehicles are processed, unloaded, and exited from the Approved Facility 1164 property in a timely manner such that the Maximum Vehicle Turnaround Time is no more than the time 1165 allocated above in Section 6.4.B.1. 1166
(3) Supporting Documentation. Upon City request, Contractor shall provide the City reports or access to 1167 electronic scale house system records and/or on -site camera recording s that provide the City 1168 information to determine actual vehicle turnaround times. Contractor acknowledges that the City may 1169 conduct on -site surveys to verify compliance with the guaranteed vehicle turnaround time s for 1170 Franchised Collector’s vehicles. The Contractor acknowledges that the City may also use GPS (global 1171 positioning system) records provided by Franchise d Collector for Franchised Collector’s vehicles to 1172 calculate actual vehicle turnaround time s. At Contractor ’s option, Contractor may, at its own cost, 1173 implement and maintain a technology -based vehicle tracking system of recording inbound and 1174 outbound Franchised Collector’s vehicle times (such as a system that uses RFID vehicle tags and RFID 1175 readers). Such system shall not inconvenience the Franchise d Collector or City or delay Franchised 1176 Collector’s vehicles from arriving and departing the Approved Facility. 1177 (4) Complaint Resolution. Contractor shall respond within five (5) Business Days to any written Complaint 1178 received from the City or Franchise d Collector related to vehicle turnaround times. Contractor shall 1179 work directly with the Franchise d Collector to identify and resolve issues that are causing vehicle 1180 turnaround times to extend beyond the Maximum Vehicle Turnaround Time stated in Section 6.4.B.2. 1181 Contractor may provide evidence disputing any Complaint from the Franchised Collector provided the 1182 evidence is in the form of camera recordings of Franchised Collector’s vehicle(s), scale house records, 1183 or other documented timestamp of the Franchise d Collector’s arrival and departure times from the 1184 Approved Facility. Contractor may also provide camera recordings showing mitigating circumstances 1185 out of Contractor’s control or delays caused by the Franchised Collector including, but not limited to, 1186 extended untarping time, extended unloading time, driver personal time, and mechanical problems . 1187 Contractor’s evidence shall be presented no later than ten (10) Business Days after receipt of 1188
April 1, 2025 31 City of Pleasanton/GreenWaste Recovery, LLC Franchised Collector or City’s written notice of Complaint(s). City shall review both Contractor and 1189 Franchised Collector’s evidence and provide written notice of the City’s determination that the 1190 Complaint was valid or invalid. 1191
(5) Consequences for Failure to Meet the Guaranteed Vehicle Turnaround Times. Should Contractor fail 1192 to meet the guaranteed Maximum Vehicle T urnaround Time for Franchise d Collector’s vehicles 1193 described in this Section, Liquidated Damages may be assessed by the City in the amounts stated in 1194 Exhibit B and in accordance with Section 11.9, unless Contractor proves to the reasonable satisfaction 1195 of the City that a Complaint regarding a Franchised Collector’s vehicle turnaround time exceeding the 1196 guaranteed vehicle turnaround time was not valid pursuant to Section 6.4.B.4 above. 1197 (6) Assessment of Liquidated Damages . The City understands that a failure by Contractor to meet the 1198 Maximum Vehicle Turnaround Time incurs damages upon the Franchised Collector and shall therefore 1199 provide notice of its intent to assess Liquidated Damages to the Contractor within sixty (60) Business 1200 Days of City becoming aware of the Contractor’s failure to meet the Maximum Vehicle Turnaround 1201 Time. The assessment of Liquidated Damages shall be made in accordance with Section 11.9 and 1202 collected by City on behalf of the Franchised Collector. 1203
6.5 Scale Operation 1204
A. Maintenance and Operation. Contractor shall maintain and operate two (2) State-certified motor vehicle 1205 scales at each Approved Facility, all in accordance with Applicable Law. Contractor shall provide documentary 1206 evidence of such certification within ninety (90) Days of the Commencement Date and within ten (10) Days 1207 of the City’s request during the Term. Scales shall be operated by State-licensed weighmaster(s). Contractor 1208 shall link all scales to a centralized computer recording and billing system that shall be compatible with 1209 Contractor’s systems. Such computerized system shall track pertinent data on all incoming and outgoing 1210 vehicles and materials as further described in Section 6.5.G . Contractor shall operate those scales during 1211 Approved Facility Delivery and Acceptance hours established in Section 6 .2 and during other hours as 1212 determined by Contractor as needed to weigh all inbound and outboard vehicles Delivering Recyclable 1213 Materials with the exception that Contractor is not required to weigh empty vehicles if the vehicle tare weight 1214 was recorded during the most recently completed six - (6-) month period in accordance with Section 6.5.B . 1215 Following the City’s request, Contractor shall provide the City with access to weighing information at all times 1216 and with copies thereof on the next Business Day. 1217
B. Vehicle Tare Weights. Within fourteen (14) Days of the Commencement Date, Contractor shall weigh the 1218 Franchised Collector’s vehicles and determine the unloaded (“tare”) weight(s) of the vehicle(s). Contractor 1219 shall record tare weight, name of Franchised Collector, and vehicle identification number. Within ten ( 10) 1220 Business Days of weighing, Contractor shall provide the City with a report listing vehicle tare weight 1221 information. Contractor shall determine tare weights of vehicles at least once each calendar quarter within 1222 the first two (2) weeks of the quarter . If there is reasonable suspicion or evidence that tare weights are not 1223 accurate, the City may, at any time and without limitation, request re-determination of tare weights, in which 1224 case Contractor shall promptly re-determine tare weights for requested vehicles. Contractor may update tare 1225 weights, at Contractor's own initiative or, at the request of the City, more frequently. Contractor may use the 1226 tare weight to calculate the Tonnage of Loads Delivered by the Franchised Collector. 1227 C. Substitute Scales. At the Commencement Date of this Agreement, Contractor represents that it has a total of 1228 six (6) scales at the F acility. If any scale at an Approved Facility is inoperable , being tested, or otherwise 1229 unavailable, Contractor shall arrange for the inoperable scale(s) to be repaired as soon as possible . In the 1230 event of one (1) or more inoperable scales, Contractor shall use one (1) of the other onsite scales until such 1231 time as the normal scale is returned to service. In the event that all six (6) scales are inoperable, Contractor 1232 shall identify and notify the City of a public scale that is near the Facility for Franchised Collector’s use in 1233 measuring the Load weight. 1234
April 1, 2025 32 City of Pleasanton/GreenWaste Recovery, LLC D. Estimates. Pending substitution of portable scales or during power outages, Contractor shall estimate the 1235 Tonnage of the Recyclable Materials Delivered to and Accepted at the Approved Facilities by utilizing the 1236 arithmetic average of each vehicle's recorded Tons of Recyclable Materials Delivered on its preceding three 1237 (3) Deliveries, on the same Day of the week, to the Approved Facility. 1238 During any period the scales are out of service, Contractor shall continue to record all information required 1239 by Section 6.5.G for each Delivery of Recyclable Materials to the Approved Facilities. 1240 E. Testing. Contractor shall test and calibrate all scales in accordance with Applicable Law, but at least every 1241 twelve (12) months or upon the City’s request. 1242
F. Weighing Standards and Procedures. Contractor shall weigh and record inbound weights of all vehicles 1243 Delivering Recyclable Materials to the Approved Processing Facilities , when the vehicles arrive at the 1244 Approved Processing Facilities and weigh and record outbound weights of vehicles for which Contractor does 1245 not maintain tare weight information. Contractor shall provide each driver a receipt showing the date, time, 1246 and quantity of Recyclable Materials that the vehicle Delivered to the Approved Facility. Contractor shall also 1247 weigh and record inbound weights for vehicles Transporting Recovered Materials to Market and Residue to 1248 the Approved Disposal Facility. 1249
G. Records. Contractor shall maintain computerized scale records and reports that provide information including 1250 date of receipt, inbound time, inbound and outbound weights of vehicles, vehicle identification number, 1251 jurisdiction of origin of materials Delivered , type of material, company/hauler identification, and 1252 classification, type, weight, and destination of material (where the destination of materials shall be the 1253 Approved Facilities, or Market location were materials are Transported to from the Approved Facilit ies). 1254 Contractor shall also maintain computerized scale records and reports providing historical vehicle tare 1255 weights for each vehicle and the date and location for each tare weight recorded. 1256 H. Upon-Request Reporting. If vehicle receiving and unloading operations are recorded on video cameras at the 1257 Approved Processing Facilities, and there is an incident involving the Franchised Collector , Contractor shall 1258 make relevant, non-privileged videos available for the City’s review during the Facility’s operating hours, upon 1259 request of the City, and shall provide the name of the driver of any particular Load, if available. 1260
6.6 Safety 1261
Contractor shall conduct the operations of the Approved Facilities in a safe manner, in accordance with Applicable 1262 Law and insurance requirements provided in Article 10. 1263
6.7 Monthly Detailed Tonnage Report 1264
On or before the fifteenth (15th) Business Day of each month, Contractor shall report to the Franchised Collector 1265 and the City the total monthly Tonnages of the Recyclable Materials Delivered to and Accepted at each Approved 1266 Facility during the previous month. The Tonnage reports shall be in a form satisfactory to the City and shall, at a 1267 minimum, separately list vehicle number, date and time of D elivery, and associated Tonnage for each Load of 1268 Recyclable Materials Delivered. If Contractor does not submit a complete report in a timely fashion or incorporate 1269 comments, additions, and corrections requested by the City within fifteen (15) Days of receipt of those comments, 1270 additions, and corrections, the City may assess Liquidated Damages for each Day it is late in accordance with Section 1271
11.9. 1272
April 1, 2025 33 City of Pleasanton/GreenWaste Recovery, LLC
6.8 Monthly Summary Report 1273
Within fifteen (15) Days after the end of each calendar month in form and content satisfactory to the City, Contractor 1274 shall submit a monthly report with the information described in this paragraph . If Contractor does not submit a 1275 complete report in a timely fashion or incorporate comments, additions, and corrections requested by the City within 1276 fifteen (15) Days of receipt of those comments, additions, and corrections, the City may assess Liquidated Damages 1277 for each Day it is late in accordance with Section 11.9. In the monthly report, Contractor shall include, at a minimum, 1278 the total monthly Tonnage and the number of Loads of Recyclable Materials that were: (i) Delivered and Accepted 1279 at each Approved Facility; (ii) Processed at the Approved Recyclable Materials Processing Facility; (iii) Marketed at 1280 the Approved Recyclable Materials Processing Facility; and (v) Residue Disposed. The City may direct Contractor to 1281 provide additional information the City deems necessary to corroborate Tonnage reports. Copies of the Monthly 1282 Reports shall be provided by Contractor to the Franchised Collector within the same time frame specified for 1283 submittal to the City. 1284
6.9 Right to Enter Facility and Observe Operations 1285 The City and its designated representative(s) reserve the right to enter, observe, and inspect the Approved Facilities 1286 during Facility operations; conduct studies or surveys of the Approved Facilities; meet with the Approved Facilities’ 1287 manager(s) or his or her representatives at any time, provided that the City and its representatives comply with 1288 Contractor’s reasonable safety and security rules and do not interfere with the work of Contractor or its 1289 Subcontractors. However, if Contractor representative or Approved Facility manager is not at the Approved Facility 1290 when the City or its designated representative(s) visit without prior announcement, Contractor may limit the visit of 1291 the City or its designated representative to a portion of the Facility, including, but not limited to, offices, container 1292 and vehicle storage areas, or maintenance yards. In that event, Contractor shall arrange for the City or its designated 1293 representative(s) to return for a visit of the complete Facility within twenty-four (24) hours of the City’s visit. Upon 1294 the City’s direction, Contractor shall make personnel available to accompany the City employees or representatives 1295 on inspections . Contractor shall ensure that its employees cooperate with the City and respond to the City ’s 1296 reasonable inquiries. Contractor shall facilitate similar observation and inspection at Approved Facilities Owned by 1297 it or an Affiliate upon the City’s request and within three (3) Business Days of receiving such request. 1298
6.10 Provision of Emergency Services 1299
A. Disaster Response Planning. No less than ninety (90) Days prior to the Commencement Date, the Parties shall 1300 meet to discuss development of a Plan to address the role of Contractor in addressing the City’s needs related 1301 to wartime, natural, physical, or other disaster in, or proximate to, the Service Area resulting in the declaration 1302 of a an emergency by the City Manager or City Council , as well as any measures that may be necessary for 1303 Contractor to take over time to address climate change (“Disaster Response Plan”). 1304 B. Disaster Response Plan. The Parties shall develop and finalize a Disaster Response P rotocol prior to the 1305 Commencement Date that identifies specific communication and logistical actions, and such other 1306 coordination between the Parties and internal to each Party such that Contractor assistance can occur 1307 immediately following the City’s declaration of an emergency. The protocol shall become part of the Disaster 1308 Response Plan to be developed by the Parties as provided in this Section. The Parties shall review the Protocol 1309 no less than annually and revise as warranted. 1310
C. Essential Service. Contractor acknowledges that it provides an essential service, and that while provision of 1311 Processing Service during or following a disaster may be affected by impacts to facilities, equipment, and/or 1312 public infrastructure, Contractor is obligated to take all measures reasonably necessary to provide such 1313 Service in a timely and effective manner in compliance with this Agreement, Section 11.10 notwithstanding. 1314 Such measures may include but are not limited to a change in Approved Facility(ies) and/or Designated 1315 Facility(ies). 1316