Pleasanton City Council
May 20, 2025

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, May 20, 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 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. Eicher
• Roll Call
Resolution No. 2025-019
Ordinance No. 2294

REPORT ON CLOSED SESSION

AGENDA AMENDMENTS

CONSENT CALENDAR
Items listed on the consent calendar are considered routine in nature and may be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

City Manager

1. Approve meeting minutes of April 8, 2025 and April 10, 2025

2. Review and Consider the City's Legislative Framework with the 2025-2026 Focus Areas, Establish the City's Legislative Positions on Selected Bills, and Request City Staff Monitor Legislation throughout the 2025-2026 Legislative Session

3. Adopt a resolution accepting $85,000 in Transportation Fund for Clean Air grant

City Council Agenda Page 2 of 4 May 20, 2025
funds for the Pleasanton Citywide Trip Reduction Program from Alameda County Transportation Commission for FY 2024/25 and FY 2025/26

4. Approve flying of the commemorative Progress Pride Flag pursuant to the City's Flag Policy
Community Development

5. Actions of the Zoning Administrator and Planning Commission

6. Review proposals and award a Maintenance Services Agreement to St. Francis Electric for traffic signal maintenance and emergency repair services for a not-toexceed annual amount of $1,000,000, for an initial two-year term through June 30, 2027, with a total not-to-exceed amount of $5,000,000 over the allowable five-year term of the agreement

7. Adopt a resolution approving the Affordable Housing Agreement with Square Mile Pleasanton, LLC for the multi-family affordable rental housing project at 3300 Busch Road, part of the Villages at the Quarry residential development

8. Adopt a resolution affirming the City’s commitment to take steps toward achieving compliance with the Metropolitan Transportation Commission’s (MTC's) TransitOriented Communities (TOC) Policy as a condition for MTC to allocate regional discretionary funding under the TOC Planning and Implementation Grants Program Public Works

9. Approve the final map, improvement plans, subdivision improvement agreement, and agreement for completion of improvements for Tract 8676 "Harmony" located at 2025 Santa Rita Road

10. Approve a professional services agreement with Diameter Services, Inc. for the water meter and Advanced Metering Infrastructure (AMI) technical assistance services as a part of the Annual Water Distribution System Improvements project, CIP No. 25183, for the amount of $750,000, including contingency

11. Approve the use of the remaining project funds of $72,860 as additional construction contingency to construct a connection to the Firehouse Arts Center parking lot from First Street, along with additional parking for the Lions Wayside and Delucchi Parks Renovations project, CIP No. 06716, for a total project contingency amount of $450,460

MEETING OPEN TO THE PUBLIC

12. Presentation of a Proclamation declaring May 2025 as Mental Health Awareness Month

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

City Council Agenda Page 3 of 4 May 20, 2025
3 minutes.

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

14. Continued from May 6, 2025 - Receive annual Military Equipment Use Report for 2024; introduce an ordinance amending Ordinance No. 2279 to amend the Pleasanton Police Department's Military Equipment Use Policy to add equipment to the Policy's military equipment inventory; and adopt a resolution accepting the annual Military Equipment Use Report for 2024 determining that the Police Department's use of military equipment in 2024 complied with the standards of approval and renewing the Military Use Policy

15. Review of the Proposed Two-Year Operating and Capital Budget for FY 2025/26 and FY 2026/27 and the Five-Year Capital Improvement Program for FY 2025/26 through FY 2029/30

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

City Council Agenda Page 4 of 4 May 20, 2025
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 April 8, 2025

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, April 8, 2025
4:45 PM

CALL TO ORDER
Mayor Balch called the Special Meeting of the City Council to order at the hour of 4:45 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 - Comments are limited to only those items listed on the agenda.

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

2. Adopt a resolution extending the Pleasanton City Employees Association, AFSCME Local 955, AFL-CIO Memorandum of Understanding for the term of April 1, 2022, through March 31, 2025, for two months, ending May 31, 2025 Recommendation: Adopt Resolution No. 2025-012 extending the Pleasanton City Employees Association, AFSCME Local 955, AFL-CIO Memorandum of Understanding for the term of April 1, 2022, through March 31, 2025, for two months, ending May 31, 2025.

MOTION: It was m/s by Testa/Nibert to approve the item as recommended. Motion passed by the following vote:

Ayes: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch Noes: None

Absent: None

ADJOURNMENT
Mayor Balch adjourned the meeting at 4:40 p.m.
______________________
Jocelyn Kwong, City Clerk
Item #1

City Council Minutes Page 1 of 3 April 8, 2025

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Tuesday, April 8, 2025
5:00 PM

CALL TO ORDER
Mayor Balch called the Special Meeting of the City Council to order at the hour of 5:00 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 - Comments are limited to only those items listed on the agenda.

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

Gabi Welk, David Ellis, Joe Natina, Shivswaroop Desai, Jason Hsu, Steve Morsilli, Carolyn Maoobey, Veronica Ospina, Jon Krueger, Heba Nosseir, Keri Loftus, Gary Kirscher, Michael Lin, Todd Nelson, Ethan Cheng, Mary Brito, Julie Bennett, Linda Garbarino, Jon Engelbrekston, Kay Donohue, MJ Bedegi, Alison Leung, Emma Leung, Shiroy Choksey, Robert Estimo, Dan Fellman, Joe Carlucci, Darrin Keene, Delzin Choksey for Diane Rodriguez, Zeina Abousleimo, Chloe Leung, Jim Lehrman, Lilliana Juan, Lauren Juan, Melissa Tench-Stevens, Dr. Marshall Kamena, Parsa Hassanpour, Catherine Johnson, Hans Riegels, Jasper Riegels, Samantha Riegels, Hima Duggineni, Sameeha Soora, Cindi Sabatini, Julian Duncanson, TJ McGrath, Arne Olson, Sylvia Tian, Yolanda Fintschenko, Daniel Zhao, Kurtis Dickey, Remy Marcoux, Anurag Jain, Lisa Harlow, Dhanush Gonda, Doug Miller, Debbie Wallace, Saraphina Lacey, Soha Ashraf, Arianna Barik, Sahana Doshi, Minal Doshi, Shoshannah Reed, Amy Liu, Kelly Cousins, Alfred Exner, Aidan Juan, Chris Juan, Diya, Samir R., Raghavendra Rao, Ritvik Misra, Lawrence Wong, Jasper Ding, Omid.

Mayor Balch closed the public comment.

Mayor Balch called a recess at 7:19 p.m. and reconvened the meeting at 7:30 p.m.

2. Receive a report on the Fiscal Years 2025/26 - 2026/27 preliminary budget reduction recommendations and provide direction to inform development of the two-year General Fund operating budget
Recommendation: Receive a report on the Fiscal Years 2025/26 - 2026/27 preliminary budget reduction recommendations and provide direction to inform development of the two-year General Fund operating budget.

City Council Minutes Page 2 of 3 April 8, 2025
Presentation by Susan Hsieh, Finance Director, and Alexa Jeffress, Deputy City Manager.

Mayor Balch called a recess at 9:30 p.m. and reconvened the meeting at 9:38 p.m.

By majority consensus, the City Council provided direction on reductions for items as listed below.

1. Further Reduce General Administrative Costs - support reduction

2. Internal personnel adjustments - support reduction

3. Reduce professional services and contracts - support reduction

4. Reduce weekly Library hours - possible support

5. Combine Library & Recreation Service Desks - possible support

6. Restructure Recreation Programs & Events - possible support

7. Reduce park and trail maintenance - support reduction

8. Reduce janitorial services at City parks and facilities - possible support

9. Reduce landscaping services citywide - possible support

10. Reduce Community Support and Subsidies - possible support

11. Eliminate City-funded School Crossing Guard Program - possible support

12. Reduce Business Partner Support Funding - possible support

13. Eliminate Housing and Human Services Grants - possible support

14. Eliminate Youth and Civic Arts Grants - support reduction

15. Reduce Funding for Police Special Programs - support reduction

16. Eliminate School Resource Officers (SRO) - possible support

17. Reduce Special Enforcement and Investigation Units - possible support

18. Eliminate Neighborhood Traffic Calming program - support reduction

19. Reduce plan checking, long-range planning and permitting consultant contracts - support reduction

20. Reduce in-person permit counter service to 2.5 days/week - support reduction

21. Freeze Sustainability Manager position - possible support

22. Close the Dolores Bengtson Aquatic Center - do not support reduction

23. Police and Fire - Close a Livermore-Pleasanton fire station - do not support reduction

24. Police and Fire - Reduce support for non-emergency calls - do not support reduction

25. Police and Fire - Reduce or eliminate Alternative Response Unit - do not support reduction

26. Community Support and Human Services - Reduce Firehouse Arts Center hours - do not support reduction

27. Community Support and Human Services - Reduce Senior Center hours - do not support reduction

28. Parks, Streets, and Facilities - Update City sidewalk maintenance obligations - do not support reduction

City Council Minutes Page 3 of 3 April 8, 2025
For the items indicating possible support, the Council further directed that alternatives and options be provided for additional consideration at the April 10 meeting.

MOTION: It was m/s by Balch/Gaidos to continue items 2 and 3 on the agenda to a City Council meeting to be held on April 10, 2025, at 5:00 p.m. in the City Council Chamber.

Motion passed by the following vote:

Ayes: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch Noes: None

Absent: None

3. Receive a report on General Fund dependent capital needs and other capital/infrastructure priorities for FY 2025/26 and FY 2026/27 and provide direction to inform the development of the two-year Capital Budget and five-year Capital Improvement Program
Item continued to a City Council meeting on April 10, 2025 at 5:00 p.m. in the Council Chamber.

ADJOURNMENT
Mayor Balch adjourned the meeting at 11:44 p.m.
______________________
Jocelyn Kwong, City Clerk

City Council Minutes Page 1 of 4 April 10, 2025

CITY OF PLEASANTON

CITY COUNCIL

MINUTES
Thursday, April 10, 2025
5:00 PM

CALL TO ORDER
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 - closed on April 8, 2025.

2. Receive a report on the Fiscal Years 2025/26 - 2026/27 preliminary budget reduction recommendations and provide direction to inform development of the two-year General Fund operating budget
By majority consensus, the City Council provided direction on the reduction items as follows.

1. Further Reduce General Administrative Costs - support reduction - original scenario

2. Internal personnel adjustments - support reduction - original scenario

3. Reduce professional services and contracts - support reduction - original scenario

4. Reduce weekly Library hours: support reduction - revised scenario

5. Original scenario proposal: support reduction - support reduction - original scenario and add formation of ad-hoc subcommittee to evaluate a commission and committee restructure.

6. Restructure Recreation Programs & Events - support reduction - revised scenario

7. Reduce park and trail maintenance - support reduction - revised scenario

8. Reduce janitorial services at City parks and facilities - support reduction -original scenario

9. Reduce landscaping services citywide - support reduction - original scenario

10. Reduce Community Support and Subsidies - support reduction - revised scenario with additional modifications to explore the possibility of TV 30 services with reduction of 10% in years 1 and 2, Museum on

City Council Minutes Page 2 of 4 April 10, 2025
Mayor Balch called a recess at 7:39 p.m. and reconvened at 7:51 p.m.

Main services with reduction of 10% year 1 and year 2, Senior Support Services reduction total in years 1 and 2 for reduction to be a lower amount in line with other contracts.

11. Eliminate City-funded School Crossing Guard Program - support reduction -revised scenario with modification that the reduction amount is $500,000.

Mayor Balch called a recess at 6:55 p.m. and reconvened the meeting at 7:08 p.m.

12. Reduce Business Partner Support Funding - support reduction -revised scenario with modification for reduction for iGate at 10% in year 2.

13. Eliminate Housing and Human Services Grants - support reduction - revised scenario

14. Eliminate Youth and Civic Arts Grants - support reduction - original scenario

15. Reduce Funding for Police Special Programs - support reduction - original scenario

16. Eliminate School Resource Officers (SRO) - do not support reduction

17. Reduce Special Enforcement and Investigation Units - support reduction -revised scenario

18. Eliminate Neighborhood Traffic Calming program - support reduction - original scenario

19. Reduce plan checking, long-range planning and permitting consultant contracts - support reduction - original scenario

20. Reduce in-person permit counter service to 2.5 days/week - support reduction - original scenario

21. Freeze Sustainability Manager position - support reduction - revised scenario

22. Close the Dolores Bengtson Aquatic Center - do not support reduction

23. Police and Fire - Close a Livermore-Pleasanton fire station - do not support reduction

24. Police and Fire - Reduce support for non-emergency calls - do not support reduction

25. Police and Fire - Reduce or eliminate Alternative Response Unit - do not support reduction

26. Community Support and Human Services - Reduce Firehouse Arts Center hours - do not support reduction

27. Community Support and Human Services - Reduce Senior Center hours -do not support reduction

28. Parks, Streets, and Facilities - Update City sidewalk maintenance obligations - do not support reduction

City Council Minutes Page 3 of 4 April 10, 2025
The City Council provided additional direction regarding reduction item 7 to allow a possible reduction of future vacancies through attrition, allow staff to evaluate reduction of mowing contracts, and for staff to provide another alternative to this item.

3. Receive a report on General Fund dependent capital needs and other capital/infrastructure priorities for FY 2025/26 and FY 2026/27 and provide direction to inform the development of the two-year Capital Budget and five-year Capital Improvement Program
Recommendation: Receive a report on General Fund dependent capital needs and other capital/infrastructure priorities for FY 2025/26 and FY 2026/27 and provide direction to inform the development of the two-year Capital Budget and five-year Capital Improvement Program.

Presentation by Adam Nelkie, Assistant Director of Public Works/City Engineer.

MOTION: It was m/s by Nibert/Gaidos to approve the Capital Improvement Program General Fund recommended project list with the following projects: Annual Facility Replacement, Annua. Storm Repair/Replacement, West Las Positas Multimodal Reconst Willow to Stoneridge, Library Fire Alarm Upgrade, West Las Positas Multimodal Reconst Design - Owens to Santa Rita, I-580 Overcrossing Bicycle & Pedestrian Improvements, Park Trail & Pathway Resurfacing Program, Nonfunctional Turf Conversion, Pleasanton Traffic Model.

Motion passed by the following vote:

Ayes: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch Noes: None

Absent: None
MOTION: It was m/s by Testa/Eicher to approve the Unfunded CIP General Fund Supported Requested Projects list with the following projects: City-Wide Access Control System Replacement and Security Integration, Fire Station 2 Emergency Generator Replacement, EOC and PW DOC/ Training Center, Aquatic Center 50m pool renovation, Fire Station 2 Kitchen Remodel, LPFD Fire Station 2 Building Exterior Repairs, LPFD Training Center Remodel, LPFD Fire Station 2 Bunks and Bathrooms Remodel, Playground Renovations Program, Bernal Park Synthetic Turf Replacement, All Abilities Playground, LPFD Fire Station 2 Sitework Renovation, Irrigation Upgrades Program, LPFD Fire Station 4 Shower Remodel, Court Resurfacing Program, PD Vehicle Storage, Pleasanton Skatepark, Railroad quiet zone, Century House Master Plan, Fire Station 3 Parking Lot Gate.

Following City Council direction, staff reported out that the total estimated reductions based on the City Council's direction on items 1 through 28 is approximately $6.2M in year one and approximately $6.6M in year two.

City Council Minutes Page 4 of 4 April 10, 2025

Absent: None

ADJOURNMENT
Mayor Balch adjourned the meeting at 9:24 p.m.
______________________
Jocelyn Kwong, City Clerk
Motion passed by the following vote:

Noes: None
Ayes: Councilmembers Eicher, Gaidos, Nibert, Testa, Mayor Balch

Item #2

CITY COUNCIL AGENDA REPORT
May 20, 2025
City Manager
TITLE: REVIEW AND CONSIDER THE CITY'S LEGISLATIVE FRAMEWORK WITH THE 2025-2026 FOCUS AREAS, ESTABLISH THE CITY'S LEGISLATIVE POSITIONS

ON SELECTED BILLS, AND REQUEST CITY STAFF MONITOR LEGISLATION THROUGHOUT THE 2025-2026 LEGISLATIVE SESSION

SUMMARY
The Legislative Framework (Attachment 1) guides the City's response to pending state and federal legislation. The framework includes guiding principles, goals, and strategies that guide advocacy efforts on behalf of the City's interests. This framework establishes biennial focus areas to guide the City's legislative positions.

The City Council Legislative Subcommittee (Councilmember Testa and Councilmember Gaidos) met on April 29, 2025, to review and discuss the City's Legislative Framework with the proposed 2025-2026 Focus Areas, and discuss and recommend positions on selected bills.

RECOMMENDATION
Review and consider the City's legislative framework with the 2025-2026 focus areas, establish the City's legislative positions on selected bills, and request City staff monitor legislation throughout the 2025-2026 legislative session

BACKGROUND
In 2016, the City Council adopted an inaugural Legislative Platform that outlined guiding principles, goals, and strategies, with a recommendation for federal, state, and local priorities as a foundation for recommendations on positions on pending legislation. In 2018, to better position the City's advocacy efforts, the 2016 Legislative Platform was updated into a Legislative Framework with recommended annual legislative focus areas. Each year since then, the City Council Legislative Subcommittee has reviewed and discussed state and federal legislation and determined policy positions for recommendation to the City Council.

DISCUSSION
On April 29, 2025, the City Council Legislative Subcommittee met and reviewed the City's Legislative Framework and proposed 2025-2026 Focus Areas, which together will serve as a policy document to guide the City's advocacy efforts and assist staff in evaluating legislation and policy issues. The Legislative Framework includes guiding principles that represent the City's overall legislative interests.

Transition to a Two-Year Legislative Framework
Staff recommended, and the subcommittee endorsed, transitioning to a two-year Legislative Framework cycle aligned with the State's two-year legislative session, for the calendar years

2025 and 2026. This approach mirrors the recent change adopted by the Tri-Valley Cities (TVC) Coalition and provides several benefits:

1. Better alignment with the State's legislative calendar

2. Improved efficiency in tracking bills across the full legislative cycle

3. Reduced administrative overhead in framework updates

4. Consistency with the City's regional partners' approach.

The 2025-2026 Legislative Focus Areas were developed by considering the current political landscape at the federal and state level in addition to current regional and local issues; this does not preclude the City from responding to any legislation outside these focus areas. Staff will prepare position letters for the Mayor's signature as needed throughout the legislative session to respond to any bills of concern if in alignment with the City's adopted Legislative Framework.

Legislative Advocacy Discussion Update
At the April 29, 2025, City Council Legislative Subcommittee meeting, subcommittee members discussed the tracking of Pleasanton-specific legislative priorities that may not align with the broader Tri-Valley Cities Coalition focus. The subcommittee expressed interest in evaluating options for Pleasanton-specific legislative advocacy and discussed the possibility of reconsidering the allocation of resources between regional and city-specific advocacy efforts.

Staff will provide additional information on legislative advocacy options within the current budgeted resources as a topic of future City Council consideration.

The subcommittee and staff recommend the following focus areas for 2025-2026. An overarching theme for each focus area is the City's ability to retain local control and decisionmaking.

Housing
• Support, promote, and protect affordability in the housing stock • Support a balanced approach to housing solutions that consider housing, jobs and transportation together
• Support protection of development impact fees
• Support the preservation of California Environmental Quality Act (CEQA) provisions that protect the environment and local control.

Fiscal Sustainability
• Oppose local, regional, state or federal mandates that are unfunded or partially funded • Oppose measures that seek to limit the City's ability to adopt revenue measures • Support effective options for cities to address unfunded pension liabilities that will ensure that cities remain financially stable and are able to provide services for their residents
• Support an update to the local government tax structure to respond to the new ecommerce that ensures equity of sales tax allocations to cities

• Support state funding to implement SB 1383: The Short-Lived Climate Pollutants bill.

Pleasanton's Infrastructure and the Environment
• Support efforts to address PFAS in drinking water and secure funding for treatment • Support efforts to secure funding for a regional recycled water project • Support efforts to secure funding to address water supply, sewer, storm water, flood control, and development of new infrastructure
• Support efforts to secure funding for programs that help meet the City's Climate Action Plan (CAP 2.0) and other sustainability goals.

Wildfire and Emergency Preparedness (New Focus Area)
• Support efforts that provide funding to local agencies for disaster preparedness, evacuation planning, fire suppression and prevention, and rescue emergency medical services
• Support measures that provide resources and incentives for the development of defensible space and home-hardening efforts
• Support legislation and regulatory activities that increase the availability and affordability of homeowners and renters insurance for properties located within areas of increased risk of wildfire
• Support legislation that streamlines regulatory requirements, such as the California Environmental Quality Act (CEQA), for wildfire prevention and other emergency preparedness projects; any such streamlining should be narrowly tailored and clarified in the CEQA Guidelines.

The subcommittee reviewed numerous bills and is recommending adoption of positions on the 18 bills as shown in Attachment 2 and in the summary overview provided in Table 1 below.

Staff will actively work on key bills from each focus area through regional partnerships and organizational memberships during this legislative session, including providing comments and suggested amendments to bill authors and various legislative committees as appropriate.

Table 1. Summary of Recommended Positions
Focus Area Position Bill Number
Housing Support AB 650, SB 233
Oppose AB 306, AB 647, AB 712, SB 79, SB 677
Fiscal Sustainability Oppose SB 358
Infrastructure and the
Environment
Support AB 762, SB 454, SB 496, SB 501
Wildfire and Emergency
Preparedness
Support AB 300, AB 846, AB 888
Support SB 456
Support if Amended SB 707
Local Control - Miscellaneous
Oppose SB 634

EQUITY AND SUSTAINABILITY
The adoption of this framework will allow the City to formally support legislative efforts that help meet the City's Climate Action Plan (CAP 2.0) and other sustainability goals.

OUTREACH
On April 29, 2025, the City Council Legislative Subcommittee met and discussed the Legislative Framework and 2025-2026 Focus Areas; the meeting was open to the public. No additional outreach was conducted for this item.

STRATEGIC PLAN ALIGNMENT
This item advances the ONE Pleasanton Strategic Plan goals as it allows the City to support or oppose legislation that aligns, or doesn't align, with the City's strategic plan, specifically toward goals of Funding Our Future: Fiscal Sustainability, Investing in Our Environment:

Infrastructure, Public Facilities, and Sustainability, and Building a Community Where Everyone Belongs: Livability and Community Development.

FISCAL IMPACT
There is no direct financial impact.

Prepared by: Submitted by: Approved by:

Aarón Zavala, Assistant to
the City Manager
Alexa Jeffress, Deputy City Manager Gerry Beaudin, City Manager
Attachments:

1. City of Pleasanton 2025-2026 Draft Legislative Framework

2. City of Pleasanton 2025-2026 Proposed Positions on Legislation

Attachment 1
Adopted XXXX xx, xxxx
DRAFT
City of Pleasanton
Legislative Framework

City of Pleasanton Legislative Framework
• • •
1 | P a g e
Guiding Principles
The Guiding Principles represent the City’s adopted policies and plans and frames the City’s legislative interests. The following documents may be found on the city’s website at www.cityofpleasantonca.gov or by clicking on links below. • One Pleasanton 5 Year Strategic Plan 2023-2028
• Pleasanton Climate Action Plan 2.0
• Pleasanton General Plan 2005-2025
• Pleasanton Economic Development Strategic Plan
• Pleasanton Pedestrian and Bicycle Master Plan
• Pleasanton Human Services Needs Assessment Strategic Plan Pleasanton’s Quality of Life
The City supports legislation and policies that provide opportunities to protect and enhance our residents’ quality of life through active living, a healthy lifestyle and diverse recreational services.

Safe and Secure Community
The City supports legislation and policies that provides access to resources and services for residents, such as quality police, fire, emergency management, emergency medical services, services for vulnerable populations and community benefit efforts.

Protect Local Control
The City supports legislation and policies that protects and ensures the City’s ability and authority to exercise local control, enable excellent public services and protect and enhance the quality of life for Pleasanton residents and businesses, and supports efforts to streamline regulations that simplify the City operations and opposes efforts to erode the City’s authority to control its own affairs.

Sustainable Development
The City supports legislation and policies that enable sustainable development including long term fiscal health for the City, affordable housing, conserving natural resources, recycling, green building, reducing energy usage and emitting fewer air pollutants.

Public Infrastructure
The City supports legislation that will enable continued improvement and maintenance of the City’s public infrastructure.

Housing
The City supports legislation that seeks balanced solutions which consider housing, jobs, and transportation together. The City supports legislation that provides, promotes and protects affordability in the housing stock. The City supports legislation that is context-sensitive, that

City of Pleasanton Legislative Framework
• • •
2 | P a g e
does not take a one size fits all approach and allows the City to exercise its local control developing locally-appropriate plans that meet State objectives in a manner that is compatible with existing community character. The City supports legislation that provides funding and resources for infrastructure such as: water, sewer, streets, schools and services in tandem with new housing production mandates.

Environmental Awareness, Health, Land Use and Preservation Issue The City supports legislation and policies that provide for local control in determining land use and preservation issues. The orderly growth and development of the City together with the preservation of open-space is a high priority for the Pleasanton community. The City also supports legislation and policies that provide resources to enable environmental awareness and health in our community.

Fiscal Sustainability
No Unfunded Mandates. The City supports legislation that aids recovery of City costs stemming from State and/or Federal mandates and opposes legislation that seeks to impose any requirement upon City that is not fully funded.

Update Local Government Tax Structure. The City supports legislation and policies that reform the local government tax structure to respond to the growth in e-commerce, the shift in consumption of goods to the consumption of services, changing patterns of commerce and innovations in technology and remains consistent with existing constitutional protections for property, sales and local taxes.

Fiscal Responsibility. The City supports legislation and policies that protect existing federal, state, and local funding sources that provide revenues to the City of Pleasanton.

Effective and Cost-Efficient Government
The City supports policies and legislation that supports Pleasanton’s fiduciary responsibility to our residents to ensure assets and resources are properly safeguarded and deployed in a prudent, efficient manner.

Foster Economic Prosperity
The City supports legislation and policies that provides funding for economic development that promotes: economic health and resilience, business development and communication, workforce development, small business entrepreneurship training and assistance, economic stimulus, innovation capacity, and planning and implementation of regional transportation projects.

Strengthen Youth Programs, Services and Activities
The City supports legislation and policies that furthers the City’s commitment to nurturing a safe, supportive community that is responsive to the full range of needs of all children, youth, and their families. In partnership with youth, we will provide the essential environment to stimulate the individual potential of each young person.

City of Pleasanton Legislative Framework
• • •
3 | P a g e
Goals
• Advocate the City’s legislative interests at the federal, state, regional, and county levels • Inform and provide information to our legislators
• Inform City Council and staff on the legislative process, key issues, and legislation that could have a potential impact on the City.
• Serve as an active participant with other local governments, the League of California Cities, regional agencies, and local professional organizations on legislative/regulatory issues that are important to the City and our region.
• Seek grant and funding assistance for City projects, services, and programs.

Strategies
• Communicate legislative positions on proposed federal, state, and county legislation, measures, initiatives, and governmental regulations
o Work with City departments and our legislative advocates to develop positions on proposed legislative measures.
o Review positions and analysis by the League of California Cities, legislative advocates and other local government/professional associations in formulating the City’s position.
o The City will take positions only on proposals that clearly impact our City or are a threat to local control.
o Actively track key bills through the legislative process. o Communicate the City’s position through correspondence, testimony, and inperson meetings. o Work cooperatively with other cities, associations and the League of California Cities on advocating the City’s legislative position.
o As necessary, participate in the drafting and amending of proposed measures that have the potential to significantly impact the City. o Meet with legislators and their representatives, as well as other federal, state and county government officials on a regular basis, to discuss local government issues, proposed legislation, request for funding assistance, and City programs and services.
• Work collaboratively with Tri-Valley Cities to further The Tri-Valley Cities Legislative Framework.
• Support regional collaboration on legislative issues where there is alignment with the City’s Legislative Framework with partners that may include Valley Link, Pleasanton Unified School District, Livermore Amador Valley Transit Authority, Zone 7, East Bay Regional Park District, StopWaste, Alameda County, AVA Community Energy, etc. • Seek federal, state, regional, and county funding through earmarks, grants and other discretionary funding for City projects, services and programs o Annually identify City projects for potential submittal for federal funding consideration; develop a submittal packet for legislators that provides information and need for the projects.

City of Pleasanton Legislative Framework
• • •
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o Provide information to City departments on potential grant funding opportunities and recognition programs.
o Advocate and request letters of support for City projects and grant applications or other resources that are being considered for federal, state and county funding.

The Process
City Council Legislative Subcommittee
The Subcommittee consists of Councilmember Matt Gaidos, Councilmember Julie Testa, City Manager Gerry Beaudin, and Assistant to the City Manager Aarón Zavala. Meetings are agendized and open to the public.

The City Council Legislative Subcommittee will meet to review and discuss the City’s Legislative Framework, annual Focus Areas, and pending/possible Legislation.

Guiding Principles. The Guiding Principles are based upon the City Council’s established Priorities, Work Plan and several policy documents and plans which provide an established framework for legislation, policies and regulations to be vetted from which a position may be developed.

Goals. The goals provide a clear direction for how to advocate and communicate the Legislative Framework annually.

Strategies. The strategies provide the action steps and process that staff will follow to ensure that the city’s Legislative Framework is communicated and addressed.

Pending/Possible Legislation. Pending and possible legislation is reviewed and discussed to determine the benefit to the city and its residents. A position is identified using the following definitions:
• Comment only or Position with Comments: Legislation that the City would like to provide comment to author’s office to invite collaboration and inform potential amendments
• Support: Legislation that the City should support as drafted • Support if amended: that the City will support if author accepts City’s amendments • Oppose: Legislation that the City should oppose as drafted • Oppose unless amended: Legislation the City opposes unless amended • Watch: City will take no formal position but will watch the Legislation and consider taking a position as the legislative process progresses The Subcommittee reviews the Legislative Framework, annual Focus Areas, and legislation and forwards a recommendation to the City Council for consideration and adoption. The Legislative Framework, once adopted by the City Council will remain in effect until amended.

Oversight of the Legislative Framework
Upon the Legislative Framework adoption, the City Manager’s Office will exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City

City of Pleasanton Legislative Framework
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Council, the City Manager and the Assistant to the City Manager will administer the city’s Legislative Platform.

Responding to Legislative Proposals
Upon the Legislative Framework adoption, the following process will be followed in response to legislative proposals:
• Once a determination has been made that a legislative proposal may impact the City, a letter outlining the City’s position will be drafted for the Mayor’s or City Manager’s signature
• If a legislative proposal or regulation arises that is not addressed by the adopted Legislative Framework and it is determined that it may impact the City, a draft position letter will be prepared for the City Council to review
• A copy of all legislative letters will be distributed routinely to the City Council.

Pleasanton Legislative Focus Areas 2025 – 2026
The City’s ability to retain local control and decision making is an overarching theme in each focus area.

Housing
• Support, promote, protect affordability in the housing stock. • Support a balanced approach to housing solutions that consider housing, jobs and transportation together.
• Support protection of impact fees.
• Support the preservation of California Environmental Quality Act (CEQA) provisions that protect the environment and local control.

Fiscal Sustainability
• Oppose local, regional, state or federal mandates that are unfunded or partially funded. • Oppose measures that seek to limit the City’s abilities to adopt revenue measures. • Support effective options for cities to address unfunded pension liabilities that will ensure that cities remain financially stable and are able to provide services to their residents.
• Support an update to the local government tax structure to respond to the new ecommerce that ensures equity of sales tax allocation to cities. • Support state funding to implement SB 1383: The Short-Lived Climate Pollutants bill.

Pleasanton’s Infrastructure and the Environment
• Support efforts to address PFOA and PFAS in drinking water and secure funding for treatment.
• Support efforts to secure funding for a regional recycled water project.

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• Support efforts to secure funding to address water supply, sewer, storm water, flood control, and development of new infrastructure.
• Support efforts to secure funding for programs that help meet the City’s Climate Action Plan (CAP 2.0) and other sustainability goals.

Wildfire and Emergency Preparedness
• Support efforts that provide funding to local agencies for disaster preparedness, evacuation planning, fire suppression and prevention, and rescue emergency medical services.
• Support measures that provide resources and incentives for the development of defensible space and home hardening efforts.
• Support legislation and regulatory activities that increase the availability, and affordability, of homeowners and renters insurance for properties located within areas of increased risk of wildfire.
• Support legislation that streamlines regulatory requirements, such as the California Environmental Quality Act (CEQA), for wildfire prevention, and other emergency preparedness, projects. Any such streamlining should be narrowly tailored and clarified in the CEQA Guidelines.

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Appendix
• Tri-Valley Cities Legislative Framework 2025
• League of California Cities 2025 Advocacy Priorities

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TRI-VALLEY CITIES
Legislative Framework
2025-26

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TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region.

Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley.

TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decisionmaking as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas.

Transportation and Infrastructure
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the region’s freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. The TVC also seeks to partner on other significant nontransportation infrastructure projects, especially those with regional and multi-regional benefits.

Climate, Environment, and Health
The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government.

2 | Page
Public Safety
The TVC prides itself on providing the highest quality of life for its residents, businesses, workers, and visitors alike – a critical part of which is ensuring the basic right to safety, without fear of harm to oneself or one’s property. As such, the coalition will advocate for reasonable public safety reforms, especially with regard to retail theft, burglary, assault, insurance availability, and emergency preparedness all while maintaining a lens of equity.

Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region.

Affordable Housing and Homelessness
The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness.

Mental Health
The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non-profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all our residents.

Fiscal Sustainability and General Governance
Fiscal sustainability is fundamental to the long-term stability and effectiveness of all levels of government. TVC is committed to advocating for policies that safeguard local government revenues, prevent the imposition of unfunded mandates, and uphold financial sustainability. TVC also champions reforms that enhance fiscal transparency, operational efficiency, and regulatory accountability. This includes advocating for accessible funding mechanisms, responsible labor and employee relations policies, and streamlined regulatory frameworks that reduce unnecessary burdens on local governments. Additionally, TVC prioritizes strengthening intergovernmental collaboration and governance structures to promote efficiency, equity, and resilience in public administration PAGE
2025-26

League of California Cities 2025 Advocacy Priorities

1. Protect local revenues and expand economic development tools. Safeguard and modernize revenue streams for local priorities. Pursue new economic development opportunities that bolster local economies and cultivate a strong local workforce, including expanded workforce recruitment and retention tools.

2. Strengthen climate change resiliency and disaster preparedness. Support city efforts to prepare, prevent, and adapt to natural disasters and the impacts of climate change, including wildfires, drought, sea level rise, and other extreme weather events. Increase transparency and access to insurance policies, especially following a natural disaster.

3. Strengthen and modernize critical infrastructure. Dedicate new resources and protect existing funding to maintain and improve essential infrastructure, including bridges, roads, broadband, and the state’s water supply and energy grid.

4. Secure investments to prevent and reduce homelessness and increase the supply of affordable housing. Secure dedicated funding to bolster cities’ long-term planning efforts to support unhoused residents and accelerate the construction of affordable housing. Strengthen state and regional partnerships to expand access to wraparound services and improve the housing element planning process. Ensure cities have the flexibility and decision-making authority to meet their community and state housing goals and reduce homelessness.

Attachment 2
DRAFT 2025 Legislative Positions
Bill # and Title Description Recommended
City Position
TVC
Position/League
Position

HOUSING
1 AB 306 (Schultz)
Building regulations:
state building
standards
This bill prohibits the California Building Standards
Commission, and any other adopting agency, from
considering, approving, or adopting any proposed building standard affecting residential units until June 1, 2031, unless specific health and safety conditions are met. The bill additionally prohibits a city or county from making changes or modifications to building standards, affecting residential units, including green building standards, until June 1, 2031, unless specific health and safety measures are met.

Oppose None/None
2 AB 647 (Gonzalez)
Housing
development
approvals:
residential units
This bill would require a proposed housing development
containing no more than 8 residential units that is located on a lot with an existing single-family home or is zoned for 8 or fewer residential units to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, that the proposed housing development dedicates at least one
residential unit to deed-restricted affordable housing to households making at or below 80% of the area median
income. The bill would prohibit a local agency from applying any development standard that will have the effect of
physically precluding the construction of a housing
development that meets those requirements and from
imposing on a housing development subject to these
provisions any objective zoning standard or objective design standard that meets certain criteria, including imposing any requirement that applies to a project solely or partially on the basis that the housing development receives approval
pursuant to these provisions.

Oppose None/Oppose

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
3 AB 650 (Papan)
Housing element:
regional housing
needs allocation
This bill would amend the Planning and Zoning Law concerning the housing element and regional housing needs allocation (RHNA) process. This measure seeks to adjust timelines and procedures to enhance the effectiveness of housing planning across the State, including:
• Extending the timeline for the Department of Housing
and Community Development (HCD) to determine
existing and projected housing needs for each region
from 24 to 30 months prior to the scheduled revision of the housing element.
• Proposes that HCD meet and consult with councils of
governments regarding the assumptions and
methodology for determining regional housing needs at
least 32 months before the scheduled revision, an
extension from the current 26 months.
• Mandates that councils of governments develop a
proposed methodology for distributing regional housing
needs at least 30 months before a housing element
revision and distribute a draft allocation of regional
housing needs at least 24 months prior to the revision. • Requires HCD to identify specific deficiencies in a
housing element if they determine it is not in
compliance. HCD would be required to provide the
exact language or analysis it expects jurisdictions to
include to address those deficiencies.
• Introduces a limited exemption from the “builder’s
remedy” while HCD is actively reviewing a jurisdiction’s updated housing element.
• Requires HCD to develop a standardized format for
reporting on efforts taken to affirmatively further fair housing (AFFH) on or before December 31, 2026.

Support None/Sponsor

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
4 AB 712 (Wicks)
Housing reform
laws: enforcement
actions: fines and
penalties
This bill, where the applicant for a housing development is a prevailing party in an action brought by the applicant to enforce a housing reform law against a public agency, would entitle an applicant for a housing development project to reasonable attorney’s fees and costs and would require a court to impose fines on a local agency. The bill would prohibit a public agency from requiring the applicant to indemnify, defend, or hold harmless the public agency in any action alleging the public agency violated the applicant’s rights or deprived the applicant of the benefits or protection provide by a housing reform law.

Oppose None/Oppose
Unless Amended
CalCities is
requesting
amendments to
require specific list
of violations that
would qualify for
fines, opportunity
for court
supervised
correction, and
clarification on
indemnification
provisions
5 SB 79 (Wiener)
Housing
development:
transit-oriented
development
This bill authorizes a residential development within a ¼ or ½ distance of transit stops in a residential, mixed-use,
commercial, and light industrial zone, to be developed with maximum height, minimum density and FAR, and additional development benefits, based on the type of transit service provided. The bill also expands the definition of “agency’s use” under the Surplus Lands Act (SLA) to include any land leased to support public transit operations, thus exempting these sites from the provisions of the SLA, and exempts specified residential and commercial developments on those sites from the California Environmental Quality Act.

Oppose None/Oppose
6 SB 233 (Seyarto)
Regional housing
need: consultation
with regional
Current law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and
Community Development, in consultation with each council of governments, where applicable, to determine the existing and projected need for housing for each region, as prescribed.

Current law requires, among other things, the department to Support None/None

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
councils of
governments
meet and consult with the council of governments regarding the assumptions and methodology to be used by the
department to determine the region’s housing needs at least 26 months prior to the scheduled revision of the housing element and before developing the existing and projected housing need for a region. This bill would require the
department to meet and consult with the council of
governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the
scheduled revision, except for specified councils of
governments.
7 SB 677 (Wiener)
Housing
development:
streamlined
approvals
This bill would make a number of changes to the housing development and lot split provisions previously enacted through SB 9. The bill would also make a number of changes to the streamlined ministerial approval process for affordable housing developments as enacted through SB 35. Among the bill provision would be to void HOA and private rules that block SB 9 projects, allow development on parcels with
disaster-destroyed low-income units, and increases duplex size limits from 800 to 1,750 sq. ft. The bill would prohibit impact fees on smaller units and prohibit rent restrictions or owner-occupancy requirements. The bill would simplify
applications, ease lot size and setback rules, and prohibit excessive driveway or access demands. Local agencies must submit SB 9 ordinances to HCD for review and respond to compliance issues within 30 days. For SB 35, the bill would lower the affordable housing threshold from 50% to 20% in certain areas, limit which historic sites can block projects, and require more frequent progress checks by HCD. The bill also shifts the burden of proof to local agencies when denying projects on environmental grounds.

Oppose None/Oppose

DRAFT 2025 Legislative Positions
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Updated 4.21.2025

FISCAL SUSTAINABILITY
8 SB 358 (Becker)
Mitigation Fee Act:
mitigating vehicular
traffic impacts
Current law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for that fee to reflect a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments
without prescribed characteristics, unless the local agency adopts findings after a public hearing establishing that the housing development, even with those characteristics, would not generate fewer automobile trips than a housing
development without those specified characteristics. For purposes of these provisions, current law specifies one of those characteristics is that the housing development provides either the minimum number of parking spaces required by the local ordinance, or no more than one onsite parking space for zero- to 2-bedroom units, and 2 onsite parking spaces for 3 or more bedroom units, whichever is less. For purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee, this bill would delete the provision about adopting findings after a public hearing and would, instead, require the rate for housing developments that satisfy those specified characteristics be at least 50% less than the rate for housing developments without all of those characteristics. With regard to the above-described characteristic, the bill would, instead, specify that the housing development provides no more than one onsite parking space for zero- to 2-bedroom units, and 2 onsite parking spaces for 3 or more bedroom units.

Oppose None/None

INFRASTRUCTURE AND THE ENVIRONMENT
9 AB 762 (Irwin)
Disposable, batteryembedded vapor
This bill would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would authorize a city, county, or Support None/Support

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
inhalation device:
prohibition
the state to enforce the bill and impose civil liability on a person/entity in violation of the bill in the amount of $500 for the first violation, $1,000 for the second violation, and $2,000 for the third and subsequent violations.
10 SB 454 (McNerney)
State Water
Resources Control
Board: PFAS
Mitigation Program
The bill would authorize the state board to seek out and deposit nonstate, federal, and private funds, require those funds to be deposited into the PFAS Mitigation Fund, and continuously appropriate the nonstate, federal, and private funds in the fund to the state board for specified purposes.

The bill would authorize the state board to establish accounts within the PFAS Mitigation Fund. The bill would authorize the state board to expend moneys from the fund in the form of a grant, loan, or contract, or to provide assistance services to water suppliers and sewer system providers, as those terms are defined, for multiple purposes, including, among other things, to cover or reduce the costs for water suppliers associated with treating drinking water to meet the applicable state and federal maximum perfluoroalkyl and polyfluoroalkyl substances (PFAS) contaminant levels.

Support None/Co-Sponsor
11 SB 496 (Hurtado)
Advanced Clean
Fleet Regulation:
appeals advisory
committee
This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory
Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the
requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified governmental and nongovernmental entities. The bill would require the committee to meet monthly and would
require recordings of its meetings to be made publicly
available on the state board’s internet website. The bill would require the committee to consider, and make a
recommendation on, an appeal of an exemption request
denial no later than 60 days after the appeal is made. The bill Support None/Sponsor

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website.
12 SB 501 (Allen)
Household
Hazardous Waste
Producer
Responsibility Act
This bill would create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of
covered products at no cost to consumers or local
governments. The bill would define “covered product” to mean a consumer product that is ignitable, toxic, corrosive, or reactive, or that meets other specified criteria.

Support None/Support

WILDFIRE AND EMERGENCY PREPAREDNESS
13 AB 300 (Lackey)
Fire hazard severity
zones: State Fire
Marshal
Current law requires the State Fire Marshal to classify lands within state responsibility areas into fire hazard severity zones, and, by regulation, to designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone. Current law requires the State Fire Marshal to
periodically review very high fire hazard severity zones that are not state responsibility areas, and designated and rated zones that are state responsibility areas, as provided. This bill would instead require the State Fire Marshall to do the abovedescribed classification and review of lands within state responsibility areas as fire hazard severity zones, and identification and review of areas in the state as moderate, high, and very high fire hazard severity zones at least once every 8 years.

Support None/Watch
14 AB 846 (Connolly) This bill would require, upon an appropriation by the Legislature, in consultation with the State Fire Marshal, and using existing data and information collected by Department of Support None/Sponsor

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
Endangered
species: incidental
take: wildfire
preparedness
activities
Fish and Wildlife and SFM including, but not limited to, the State Board of Forestry and Fire Protection’s (Board)
California Vegetation Treatment Program, DFW to develop maps identifying critical habitats within lands designated as moderate, high, or very high fire hazard severity. The bill would require DFW to update the maps at least once every five years and require the maps to be made available to a city, county, city and county, special district, or other local agency for wildfire planning and preparedness purposes in order to protect life and property.
15 AB 888 (Calderon)
California Safe
Homes grant
program
This bill would establish the California Safe Homes grant program to be developed by the department to reduce local and statewide wildfire losses, among other things. The bill would require the department to prioritize specified needs when awarding grant funds, and would require eligible
program applicants, which would include individuals, cities, counties, and special districts, to meet specified criteria. The bill would establish the Sustainable Insurance Account within the Insurance Fund, which would be continuously
appropriated to fund the program. The bill would require 40% of the amount of the gross premiums tax collected from
property and casualty insurance above the amount collected from those insurers in 2023 to be deposited into the account.

Support None/Support
LOCAL CONTROL – MISCELLANEOUS
16 SB 456 (Ashby)
Contractors:
exemptions:
muralists
Current law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. This bill would exempt from that law an artist who draws, paints, applies, executes, restores, or conserves a mural, as defined, pursuant to an agreement with a person who could legally authorize the work.

Support None/Co-Sponsor

DRAFT 2025 Legislative Positions
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Updated 4.21.2025
17 SB 634 (Perez
Homelessness: civil
and criminal
penalties
This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties.

Oppose None/Oppose
18 SB 707 (Durazo)
Open meetings:
meeting and
teleconference
requirements
This bill seeks to revise and recast the alternative
teleconferencing provisions to apply specified noticing, accessibility, and public commenting requirements in a
uniform manner and makes various other changes to the
Brown Act with the goal of enhancing public participation. This bill would revise and recasts existing alternative
teleconferencing provisions, until January 1, 2030, by
providing a standard set of requirements that must be
complied with. The bill would also authorize, until January 1, 2030, alternative teleconferencing provisions for an eligible subsidiary body, as defined. The bill would authorize, until January 1, 2030, alternative teleconferencing provisions for eligible multijurisdictional bodies that include representatives from more than one city, county, special district, or joint powers authority.

Support if
Amended
The bill contains
several positive
provisions,
including those
impacting multijurisdictional
entities; however,
there are areas of
concerns, such as
language
translation
requirements, that
could increase city
workload and
costs.

None/Concerns

Item #3

CITY COUNCIL AGENDA REPORT
May 20, 2025
City Manager
TITLE: ADOPT A RESOLUTION ACCEPTING $85,000 IN TRANSPORTATION FUND

FOR CLEAN AIR GRANT FUNDS FOR THE PLEASANTON CITYWIDE TRIP

REDUCTION PROGRAM FROM ALAMEDA COUNTY TRANSPORTATION
COMMISSION FOR FY 2024/25 AND FY 2025/26

SUMMARY
The Transportation Fund for Clean Air (TFCA) County Program Manager (CPM) Fund is a local funding source of the Bay Area Air Quality Management District (Air District). As the TFCA County Program Manager for Alameda County, the Alameda County Transportation Commission (CTC) is responsible for programming 40 percent of the $4.00 vehicle registration fee collected in Alameda County for this program. Through Alameda CTC’s TFCA distribution formula, further detailed in Alameda CTC’s TFCA Program Guidelines, 70 percent of annual funding is available to the cities and county, and 30 percent is available for transit-related projects.

TFCA-eligible projects are to result in the reduction of motor vehicle emissions. In general, eligible projects are those that conform to the provisions of the Alameda CTC Comprehensive Investment Plan (CIP) and the TFCA Program Guidelines. Acceptance of this grant would support the City’s ongoing citywide trip reduction program for FY 2024/25 and 2025/26. The program aims to reduce school, commuter, and residential car trips by offering alternative travel mode education, information and incentives.

RECOMMENDATION
Adopt a Resolution accepting $85,000 in Transportation Fund for Clean Air Grant Funds for the Pleasanton Citywide Trip Reduction Program from Alameda County Transportation Commission for FY 2024/25 and FY 2025/26.

BACKGROUND
The City has provided a citywide trip reduction program since the early 1990s under the Air District’s Regulation 13, Rule 1. When the regulation was rescinded in the 2000s, the City continued its efforts on a voluntary basis and applied for and received TFCA funding, administered by the Alameda CTC. The program consists of employer and residential programs, including Bike to Wherever Days and bike safety education programs. Schoolbased programs include Rides to School promotions such as Try Transit, Walk & Bike to School Days, bike helmet exchange programs, and other events, incentives, and safety education.

In FYs 2022/23 and 2023/24, the City was awarded $58,000 in TFCA funding. City in-kind support primarily consists of staff time to implement the programming. The City has applied for and received these grant funds for many years.

DISCUSSION
If approved, a resolution to accept the FY 2024/25 and FY 2025/26 TFCA grant funding (Attachment 1), would support Pleasanton’s trip reduction program goal to increase awareness and use of commute modes including walking, biking, carpooling and public transit, thus reducing vehicular traffic and motor vehicle emissions. Similarly for schools, the program promotes walking, biking, carpooling, and public transit use as feasible school travel modes.

EQUITY AND SUSTAINABILITY
By providing programs, events, and incentives, employers and residents can be better informed about citywide initiatives. This program goal addresses the City's Climate Action Plan

2.0 action Items E4 – Regional transit support, P10 – Increase transit ridership, and S4 – VMT reduction for K-12 activities.

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances ONE Pleasanton's citywide strategic goal of Investing in Our Environment - Strategy 6 to continue to implement priority items from the Climate Action Plan

2.0 (CAP) to lead by example in environmental sustainability.

FISCAL IMPACT
The amount awarded is higher than the annual amount of $30,000 budgeted in the Transportation Demand Management program account (00132300) for FY 2024/25 and FY 2025/26 as it includes $50,500 in City in-kind general fund support (i.e., staff time) for Pleasanton’s citywide trip reduction program. The FY 2025/26 budget will be updated as part of the mid-year budget review.

Prepared by: Submitted by: Approved by:

Lisa Adamos, Economic
Development Manager
Pamela Ott, Assistant City Manager Gerry Beaudin, City
Manager
Attachments:

1. Resolution

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING STAFF TO ACCEPT THE TRANSPORTATION FUND FOR CLEAN AIR

GRANT FUNDS FOR PLEASANTON CITYWIDE TRIP REDUCTION PROGRAM FOR FISCAL YEARS 2024/25 AND 2025/26
WHEREAS, the Alameda County Transportation Commission, as Transportation Fund for Clean Air (TFCA) Program Manager in Alameda County, programs 40 percent of TFCA funds collected in Alameda County, and then distributes these funds on a reimbursement basis to eligible project sponsors; and
WHEREAS, the Pleasanton Citywide Trip Reduction Program Grant application is eligible for grant funding, which will be used to provide education-based and incentive-based programs that promote alternative transportation modes (transit, walking, biking, carpooling), including Travel Demand Management programs, and projects that provide a direct or indirect financial transit or rideshare subsidy.

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

SECTION 1. Authorizes the City Manager to accept the Transportation Fund for Clean Air grant funds for the Pleasanton Citywide Trip Reduction Program in the amount of $85,000, as referenced in Exhibit A, and execute all necessary documents required by the grant program.

SECTION 2. This Resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on May 20, 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 May 20, 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney

Alameda CTC Agreement No. A25-0014
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PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF PLEASANTON
for the
PLEASANTON TRIP REDUCTION PROGRAM, FYS 2024-25 & 2025-26 This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of October 24, 2024, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF PLEASANTON, a public agency (“PROJECT SPONSOR”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☐ 2000 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☒ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904 Exhibit A

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each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

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forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION I
PROJECT SPONSOR AGREES:

1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

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3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

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11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

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incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.

20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

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this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 7920.000 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

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25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II
ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

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SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:

1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

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6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.

7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

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13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09

2021 PFA Version
after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09

2021 PFA Version
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09

2021 PFA Version
its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.20 and III.21 shall survive the termination or expiration of this AGREEMENT.

26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]
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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09

2021 PFA Version

CITY OF PLEASANTON
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Gerry Beaudin Date
City Manager
Carolyn Clevenger Date
Interim Executive Director
Recommended
By:

Vivek Bhat Date
Senior Director of Programming and
Project Controls
Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:

Approved as to Legal Form:

By: By:

Daniel G. Sodergren Date
Legal Counsel to City of Pleasanton
Fennemore LLP Date
Legal Counsel to ALAMEDA CTC

Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904 3/4/2025

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09

2021 PFA Version

LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

This project will implement Pleasanton’s ongoing citywide trip reduction program for FYs 2024-25 & 2025-

26. The program intends to reduce school, commuter, and residential car trips by offering alternative travel mode education, information and incentives.

Employer and residential programs include Bike to Wherever Days and bike safety education programs.

Rides to School promotions include Try Transit, Walk & Bike to School Days, and other events, incentives, and safety education.

Project Limits
 Throughout the City of Pleasanton
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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

OPERATIONS
• ALAMEDA CTC funds obligated in this AGREEMENT are for the operations of the Pleasanton Trip Reduction Program, as described in Appendix A-1, for two fiscal years, FYs 2024-25 & 2025-26.

Eligible activities include the purchase of incentives for program participants, including transit tickets, the design and production of program brochures and other promotional materials, and data collection/surveys.
• TFCA funds are to be used for trip reduction activities that exceed those required by any law, rule or ordinance. For employer-based programs, this means that TFCA funds may not be used to fund activities that provide and/or subsidize benefits that an employer is already required to provide through the Bay Area Commuter Benefits Program.
• TFCA funds in this AGREEMENT cannot be used to fund activities that are part of programs that already receive BAAQMD TFCA funds, such as Bike East Bay’s Bike to Wherever Day and Alameda CTC’s Countywide Transportation Demand Management (TDM) Program. For example, Alameda CTC’s Countywide TDM program contributes to a certain number of Bike Safety Education classes provided by Bike East Bay. Additionally, Bike East Bay receives funding directly from BAAQMD for Bike to Wherever Day promotion. Costs for activities that are separate from or in addition to the BAAQMD TFCA-funded scope of those programs would be eligible for reimbursement under this AGREEMENT.
 The annual targets for each program component include:

Project Component
Target
Number of
Events
Target
Number of
Locations (e.g.
stations or
schools)
Target
Number of
Recipients
Employer and Residential Programs
Bike to Wherever Day 1 2 1,000 *
Bicycle Safety Classes 1 1 40
School-Based Programs
Bike to School Day 1 8 1,200
Bike tune-ups & helmet fitting 3 3 300
Walk to School Day 1 9 8,000
Try Transit ** n/a 5 1,400
* Target number of visitors to the energizer stations
** Project Sponsor will provide transit passes for the schools to distribute to students.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
FY 2024-25 Operations 7/2024 6/2025
FY 2025-26 Operations 7/2025 6/2026
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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds
Sponsor
Funds Total
TFCA County Program Funding
Manager FY 2024-25
(CPM-FYE25)
Matching Funds
FY 24-25 Operations $42,500 $50,500 $93,000
FY 25-26 Operations $42,500 $50,500 $93,000
Total
Project Cost $85,000 $101,000 $186,000
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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage TFCA CPM FYE25
FY 24-25 Operations $42,500 $50,500 $93,000 45.70%
FY 25-26 Operations $42,500 $50,500 $93,000 45.70%
Total Funding $85,000 $101,000 $186,000
Notes:
 PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL

OPERATIONS TFCA
CPM-FYE25
Matching
Funds Total Cost
Sponsor Staff/Labor Cost $0 $88,000 $88,000
Contract(s)/Other Direct Cost $85,000 $13,000 $98,000
Total Phase Cost
(Staff + Contract Costs) $85,000 $101,000 $186,000
Notes:
 Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
 For the total sponsor matching funds identified in Appendix A-6, the proportion of staff/labor and contract/direct costs is estimated and provided for informational purposes only.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
TFCA CPMFYE25 Operations 10/24/2024 7/1/2024 6/30/2026 $85,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $85,000 Agreement Expiration Date: December 31, 2026
Notes:

1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. The earliest Allowable Start Date shown in this column represents the effective date of this AGREEMENT.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, Alameda CTC may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter(s) Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 2024-25 1 and 2 TFCA $21,250 $21,250
2 2024-25 3 and 4 TFCA $21,250 $42,500
3 2025-26 1 and 2 TFCA $21,250 $63,750
4 2025-26 3 and 4 TFCA $21,250 $85,000
Total Alameda CTC Administered Funds $85,000
Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.

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Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☒ Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30 By January 31st
By July 31st
☒ Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒ Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
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Project No. 25ALA09
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
 Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity  Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/  The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
 Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
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Project No. 25ALA09
Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Alameda CTC Progress Report #1: July to December, 2024 March 31, 2025 2 Alameda CTC Progress Report #2: January to June, 2025 July 31, 2025 3 TFCA FY 2024-25 Annual (Interim) Report (for BAAQMD) July 31, 2025 4 Alameda CTC Progress Report #3: July to December, 2025 January 31, 2026 5 Final Invoice July 31,2026
6 Alameda CTC Final Report July 31, 2026
7 TFCA Final Report (for BAAQMD)
(Including documentation of required logo usage)
September 30, 2026
Note:
 Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable (see Appendix A-2 for the targets for each program component).

Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.

The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last.

TFCA Project Number:
 25ALA09
TFCA “Years of Effectiveness”:
 2 years
Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 3
APPENDIX G-2

BAAQMD-APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD’s Board-Adopted TFCA County Program Manager Fund Policies.

The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT:
 BAAQMD Board-Adopted TFCA County Program Manager Fund Policies for FYE 2025  These Policies are available for view and download from the Alameda CTC’s website:
https://www.alamedactc.org/wp-content/uploads/2025/01/BAAQMD_FYE2025_TFCA_40_CPM_Policies_final_AppD.pdf Note: The above link provides a copy of Appendix D: Board-Adopted TFCA County Program Manager Fund Policies for FYE 2025 from BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2025. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to BAAQMD, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to SPONSOR.

Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 4
APPENDIX G-3

TFCA INSURANCE REQUIREMENTS
[See Below and Attached]
Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD’s Insurance Guidelines, Appendix F of BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending (FYE) 2025. As incorporated into this Agreement, (i) the term “Air District” in the attached shall be deemed to mean and refer to BAAQMD, (ii) “County Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “Grantee” shall be deemed to mean and refer to SPONSOR.

INSURANCE REQUIREMENTS
Verification of Coverage
SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion.

Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers.

Additionally, SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT.

Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:

1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.

2. Property Insurance: in an amount of not less than the insurable value of SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit not less than $1 million.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 5
County Program Manager Fund Expenditure Plan Guidance FYE 2025 Appendix F: Insurance Guidelines
This appendix provides guidance on the insurance coverage and documentation typically required for TFCA 40% Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.

The typical Funding Agreement requires that each Project Sponsor provide documentation showing that they meet the following requirements for each of their projects. The administering agency is not required to meet these requirements itself, unless it is acting as a Project Sponsor.

1. Liability Insurance:

Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

2. Property Insurance:

New Equipment Purchases - an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

Retrofit Projects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance:

Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.

4. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. Administering agencies should contact the Air District liaison with questions, especially about unusual projects.
__________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 28 Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 6
County Program Manager Fund Expenditure Plan Guidance FYE 2025 Project Category Liability Property
Workers
Compensation
Vehicle purchase and lease X X
Engine retrofits X X
Operation of shuttle services X X
Operation of vanpools X
Construction of bike/pedestrian path or overpass X X
Construction of bike lanes X X
Construction of cycle tracks/separated bikeways X X
Construction of smart growth/traffic calming
projects
X X
Construction of vehicle fueling/charging
infrastructure
X X X
Arterial management/signal timing X X
Purchase and installation of bicycle lockers and
racks
X X X
Transit marketing programs X
Ridesharing projects X X
Bike Share projects X X X
Transit pass subsidy or commute incentives X
Guaranteed Ride Home Program X
__________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 29 Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Alameda CTC Agreement No. A25-0014
Project No. 25ALA09
Appendix G – Page 7
APPENDIX G-4

REPORTING FORMS FOR TFCA-FUNDED PROJECTS
TFCA Interim Report Form:

The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms TFCA Final Report Form:

The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms Note: There are five TFCA final report form templates. Use the appropriate form, as follows:
 Form 1 - Trip Reduction Projects, for shuttles/feeder bus operations, ridesharing and transportation demand management (TDM) programs, and Smart Growth projects  Form 2 - Alternative Fuel Vehicles, for all vehicle projects  Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks  Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority (TSP)
 Form 5 – Repower and Retrofit projects
Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904

Item #4

CITY COUNCIL AGENDA REPORT
May 20, 2025
City Manager
TITLE: APPROVE FLYING OF THE COMMEMORATIVE PROGRESS PRIDE FLAG

PURSUANT TO THE CITY'S FLAG POLICY

SUMMARY
The City Council may request display of the commemorative Pride Flag in accordance with the outdoor commemorative flag display policy established in August 2022 and authorize the commemorative Progress Pride flag to be displayed for the month of June 2025.

RECOMMENDATION
Staff recommends that a member of the City Council request display of the Progress Pride Flag and authorize display of the commemorative Pride Flag for the month of June 2025.

BACKGROUND
The City’s outdoor commemorative flag display policy was established on August 16, 2022 by Resolution No. 22-1322 (Attachment 1). The policy provides guidance and standards for the outdoor display of flags at all City facilities and parks, including commemorative flags other than the United States, California and City flags.

DISCUSSION
The City’s flagpoles are not intended to serve as a forum for free expression by the public. The City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Pleasanton City Council.

Under the policy, a two-step process is required to raise a commemorative flag:

1. A member or the City Council must request display of a commemorative flag; and

2. The City Council must authorize display of a commemorative flag by minute order or resolution during a duly noticed meeting of the City Council.

Traditionally, the City has raised the Pride Flag during the month of June to commemorate Pride Month. The Pride Flag has been flown at the 123 Main Street flagpole by the City for the last six years throughout the month of June.

EQUITY AND SUSTAINABILITY
The recommended action advances the City’s value of inclusion from the ONE Pleasanton citywide strategic plan.

OUTREACH

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton Strategic Plan goal of Building a Community Where Everyone Belongs.

FISCAL IMPACT
There is no fiscal impact associated with displaying the Progress Pride Flag.

Prepared by: Submitted by: Approved by:

Sharon Petrehn,
Management Analyst
Alexa Jeffress, Deputy City Manager Gerry Beaudin, City Manager
Attachments:

1. City of Pleasanton Resolution No. 22-1322

RESOLUTION NO. 22- 1322

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

ESTABLISHING THE CITY OF PLEASANTON OUTDOOR COMMEMORATIVE FLAG

DISPLAY POLICY
WHEREAS, the City of Pleasanton displays the United States Flag, the California State Flag, the City of Pleasanton Flag at the Civic Center and other City facilities; and WHEREAS, the City of Pleasanton does not have a policy regarding the display of such flags or display of commemorative flags; and
WHEREAS, staff recommend establishing a policy that provides guidance and standards for the outdoor display of flags at all City facilities and parks, including commemorative flags other than the Unites States, California and City flags.

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

SECTION 1. The City Council declared that the City of Pleasanton' s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and City Flags, and any commemorative flag as may be authorized by the City Council as an expression of the Council' s official sentiment.

SECTION 2. The purpose of this policy is to provide guidance for the outdoor display of flags at all City facilities, including parks.

SECTION 3. The Outdoor Commemorative Flag Display Policy is attached hereto as Exbibit A.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on August 16, 2022.

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 August 16, 2022 by the following vote:

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

Absent: None
Abstain: None
Ju,-
J c lyn Kwo g, City lerk
APPROVED AS TO FORM:

Daniel G. Sodergren, 17ity Attorney
ATTACHMENT 1

Resolution No. 22- 1322

EXHIBIT A

THE CITY OF PLEASANTON OUTDOOR COMMEMORATIVE FLAG DISPLAY POLICY Policy:

Procedure
A two-step process is required to raise a commemorative flag at any outdoor city facility:

1. A member or the City Council must request display of a commemorative flag, and

2. The City Council must authorize display of a commemorative flag by minute order or resolution during a duly noticed meeting of the City Council.

Commemorative Flags
The City's flagpoles are not intended to serve as a forum for free expression by the public. The City shall display commemorative flags only if authorized by the City Council as an expression of the City's official sentiments. Any such authorization shall be given at a duly noticed meeting of the City Council.

The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Pleasanton City Council.

Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty-one ( 31) continuous days.

Commemorative flags shall be displayed exclusively on the Pleasanton Civic Center flagpole( s) in the last position of honor, unless otherwise directed by Council and to the extend such display does not conflict with federal or state law, or this policy.

Item #5

CITY COUNCIL AGENDA REPORT
May 20, 2025
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING

COMMISSION
P25-0187, David Ford
Application for Sign Design Review approval to install one approximately eight-and-ahalf-square-foot non-illuminated wall sign reading "Eye Level Learning Center" at 4456 Black Avenue, Suite 250.

Approved. (0 days)
P25-0161, Aruna Kureti
Application to establish a Cottage Food Operation (Beyond the Spice) to prepare baked goods with direct sales to customers at 7961 Paragon Circle.

Approved. (10 days)
P25-0047, Molly Promes Swenson / Stanford Health Care Tri-Valley Application for Design Review approval to construct an approximately 835-square-foot mechanical enclosure, exterior duct work, and related site improvements located at 5575 W.

Las Positas Boulevard
Approved. (0 days)
Prepared by: Submitted by: Approved by:

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

Item #6

CITY COUNCIL AGENDA REPORT
May 20, 2025
Community Development
TITLE: REVIEW PROPOSALS AND AWARD A MAINTENANCE SERVICES AGREEMENT TO ST. FRANCIS ELECTRIC FOR TRAFFIC SIGNAL
MAINTENANCE AND EMERGENCY REPAIR SERVICES FOR A NOT-TOEXCEED ANNUAL AMOUNT OF $1,000,000, FOR AN INITIAL TWO-YEAR TERM THROUGH JUNE 30, 2027, WITH A TOTAL NOT-TO-EXCEED AMOUNT OF $5,000,000 OVER THE ALLOWABLE FIVE-YEAR TERM OF THE AGREEMENT

SUMMARY
The City operates 124 traffic signals within Pleasanton. Routine maintenance of these signals is performed by an outside contractor, as is replacement of aging equipment and emergency repairs. Staff solicited proposals for a traffic signal maintenance, equipment replacement and emergency repair contract and received five submissions, with St. Francis Electric submitting the lowest qualified proposal with costs for component replacement and emergency repairs in line with industry standards.

RECOMMENDATION

1. Review the proposals and award the traffic signal maintenance agreement to St.

Francis Electric for an annual not-to-exceed contract amount of $1,000,000 through June 30, 2027.

2. Authorize the City Manager to enter into the maintenance services contract.

3. Authorize the Director of Community Development to review and approve future contract extensions per the provisions of the contract.

BACKGROUND
Traffic signals are a critical safety component of the City's infrastructure; the City operates 124 traffic signals. On average, Pleasanton experiences less than two hours a month with a signal not in full operation (in flash). This equates to 90,000 hours per month when signals are fully operational, with fewer than two hours in flash (99.997% of the time signals are in full operation). This is due in large part to the preventative maintenance and replacement plan contract that allows signals to be maintained in good operating condition.

The Traffic Signal Maintenance contract contains three separate components: routine maintenance, replacement of aging components, and emergency repair. The City annually budgets for routine maintenance at approximately $275,000 per year, and replacement of aging components at $450,000 per year, for an annual total of $725,000. Emergency repair costs fluctuate based on the number of incidents (pole knockdowns, etc.) and are additive to this amount. In spring 2021, the City entered into a two-year contract with St. Francis Electric for maintenance of the City’s traffic signals. On completion of the initial two-year term, two oneyear extensions were allowed by the contract and were issued at the mutual agreement of the

City and St. Francis Electric; this extended the contract through June 30, 2025.

DISCUSSION
The City issued a Request for Proposals (RFP) for Traffic Signal Maintenance and Emergency Repair Services in April 2025. Five proposals were received from the following contractors: St.

Francis Electric, Bear Electrical Solutions, DC Electric, Yunex Traffic, and Econolite. St.

Francis Electric submitted the lowest responsive and responsible proposal; see Attachment 1 for a detailed proposal summary.

St. Francis Electric has maintained traffic signals for the City since 2021 and several Bay Area and Central Valley agencies since 2015. St. Francis has provided excellent signal maintenance services during the course of its current contract with the City.

The proposed contract establishes a two-year term, expiring on June 30, 2027, with the option of extending the contract for up to three additional one-year terms, through an administrative amendment. To support financial best practices, an annual “not-to-exceed” amount of $1,000,000 is identified which will apply to all work performed under the contract, including routine maintenance, replacement of aging equipment, and emergency repairs. The monthly preventative maintenance cost is $15,530 (125 signals x $116.00 and 17 flashing crosswalks x $50). In addition to the preventative cost, replacement of aging components (replacement of light bulbs, pedestrian push buttons, and internal circuitry) ranges between $5,000 - $10,000 per month. The combination of routine maintenance and replacement of aging equipment is budgeted at $725,000 per year, within the Traffic Division annual budget and replacement plan budget. The not-to-exceed amount is recommended at $1,000,000 as this additional contract capacity is included to account for any unforeseen events like pole knockdowns and additional work that may be needed through other capital improvement projects (such as signal detection cameras installed as part of street resurfacing projects), and gives the City the ability to quickly and flexibly implement repairs or incorporate complementary signal-related improvements when opportunities arise.

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

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Investing in Our Infrastructure to develop an Asset Management Plan to address comprehensive long-term planning for maintenance, renovation, repair, and/or replacement of infrastructure and public facilities. This action will support maintaining the state of good repair and ensure proper operation of the traffic signal system citywide.

FISCAL IMPACT
Costs for preventative maintenance and replacement of aging infrastructure are funded through the Traffic Engineering signal operating budget ($275,000 in 00130402-420101) and supplemented by reimbursements from the Hacienda Owners Association and Caltrans. Both Hacienda and Caltrans have shared maintenance agreements with the City. Hacienda is

responsible for the maintenance of 29 signals (approximately $3,300 per month for ongoing regular maintenance, plus additional variable costs related to preventative maintenance and emergency repairs for the 29 signals), and Caltrans is responsible for half of the cost for intersection signals at freeway ramps (approximately $700 per month in ongoing regular maintenance costs, plus additional variable costs related to preventative maintenance and emergency repairs).

The Traffic Signal Repair and Replacement fund is used to replace larger components (traffic signal cabinets, service cabinets, traffic signal cameras, etc.) that have reached the end of their useful life. The Traffic Signal Repair and Replacement budget is $450,000 per year (comprised of $100,000 in 52030410-430107 for labor costs and $350,000 in 52030410- 440104 for equipment costs).

The costs for pole knockdowns are typically recovered from the party that caused the damage, and in the event no recoverable party is identified, the Traffic Engineering operating budget is used to pay for the repair. The annual not-to-exceed amount of $1,000,000 is in place to ensure that sufficient capacity in the contract is available to address any emergency needs. In addition, the signal maintenance services agreement is also utilized to assist in the City's resurfacing contracts (roadway resurfacing removes and replaces the traffic signal detection loops and a signal contractor is required for the repair and replacement of the signal detection system). As noted, $725,000 is budgeted annually in the Traffic Engineering and replacement plan budgets for these costs; if there are costs in excess of this amount due to pole knockdowns (which has happened extremely rarely), or from additional work from a Capital Improvement Project, it will be reflected as mid-year or midterm budget adjustments or through a CIP report to the City Council.

Prepared by: Submitted by: Approved by:

Cedric Novenario, Senior
Transportation Engineer
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:

1. Summary of Proposals

2. Maintenance Services Agreement

PROPOSAL PRICE COMPARISON
REQUIRED BID ITEMS INCLUDED IN SCOPE OF SERVICES ST Francis Electric
Bear
Electrical
Solutions
DC Electric Yunex Traffic Econolite
1 Preventitive and Routine Maintenance for 120 Traffic Signals Each $116.00 $130.00 $174.00 $218.00 $231.60 2 Preventitive and Routine Maintenance for 13 Beacons / In-Pavement Lights Each $50.00 $55.00 $85.00 $59.00 $86.33 3 Computerized Maintenance and Inventory System Lump Sum $0.00 $0.00 $0.00 $0.00 $0.00 Monthly Total Fixed
Cost $14,570.00 $16,315.00 $21,985.00 $26,927.00 $28,914.29 4 Signal mainteannce technician (straight time) Hour $165.00 $160.00 $180.00 $208.00 $231.25 5 Signal mainteannce technician (overtime) Hour $215.00 $205.00 $237.00 $256.00 $313.92 6 Signal mainteannce technician (double time) Hour $265.00 $250.00 $293.00 $303.00 $396.56 7 Signal mainteannce supervisor (straight time) Hour $179.00 $165.00 $197.00 $218.00 $397.09 8 Signal mainteannce supervisor (overtime) Hour $237.00 $210.00 $261.00 $273.00 $481.43 9 Signal mainteannce supervisor (double time) Hour $288.00 $255.00 $325.00 $328.00 $574.75 10 Laborer (straight time) Hour $88.00 $110.00 $97.00 $134.00 $231.25 11 Laborer (overtime) Hour $113.00 $120.00 $126.00 $186.00 $313.92 12 Laborer (double time) Hour $137.00 $140.00 $155.00 $186.00 $396.56 13 Bucket Truck (straight time) Per Trip $75.00 $75.00 $82.00 $142.00 $56.53 14 Bucket Truck (overtime) Per Trip $75.00 $75.00 $82.00 $142.00 $56.53 15 Crane Truck Per Trip $150.00 $125.00 $275.00 $520.00 $197.87 16 Furnish and Install 1A Pole Each $1,340.00 $1,050.00 $1,690.00 $1,580.00 $3,899.81 17 Furnish and install 1B pole Each $900.00 $750.00 $850.00 $1,158.00 $3,899.81 18 Furnish and install 1B pole and foundation Each $2,875.00 $2,250.00 $5,320.00 $5,492.00 $7,145.45 19 Furnish and install 1B pole and foundation in sidewalk Each $3,700.00 $1,750.00 $8,450.00 $9,002.00 $9,840.76 20 Furnish and install pedestrian push button post and 2" push button Each $895.00 $950.00 $800.00 $1,397.00 $1,893.93 21 Furnish and install pedestrian push button post with foundation and 2" push button Each $1,800.00 $1,650.00 $1,790.00 $4,193.00 $3,359.52 22 Install traffic signal cabinet on existing foundation Each $2,475.00 $2,150.00 $3,480.00 $3,556.00 $3,453.34 22a Install Type III style service cabinet on existing foundation Each $950.00 $705.00 $1,820.00 $2,125.00 $3,628.94 22b Install Type III service/BBS combo cabinet on exisiting foundation Each $1,250.00 $850.00 $1,820.00 $3,079.00 $4,536.18 22c Install Type III service/BBS combo cabinet and foundation Each $2,600.00 $2,350.00 $5,750.00 $7,413.00 $7,624.57 23 Install BBS cabinet on side of traffic signal cabinet Each $950.00 $975.00 $1,820.00 $1,713.00 $1,814.47 24 Test traffic signal cabinet Each $950.00 $975.00 $1,660.00 $1,649.00 $2,312.45 25 Install video detection camera on signal pole/mast arm and 3#14 wiring or cat5e outdoor wire- 1 camera only Each $1,400.00 $1,300.00 $2,150.00 $1,649.00 $2,877.78 26 Install video detection camera on signal pole/mast arm and 3#14 wiring or cat5e outdoor wire- 2 cameras Each $1,300.00 $1,200.00 $1,945.00 $3,297.00 $2,733.90 27 Install video detection camera signal pole/mast arm and 3#14 wiring or cat5e outdoor wire3+ cameras Each $1,200.00 $1,100.00 $1,740.00 $6,593.00 $2,676.34 28 Install video detection camera only (existing location no wire needed) Each $315.00 $345.00 $830.00 $1,237.00 $2,302.24 29 Install CCTV PTZ camera, power and Ethernet cabling Each $1,500.00 $1,185.00 $1,550.00 $2,061.00 $2,626.48 30 Install 6'x6' detector loop (Type A) - 1-5 Each $600.00 $550.00 $1,000.00 $922.00 $1,493.72 31 Install 6'x6' detector loop (Type A) - 6+ Each $550.00 $500.00 $800.00 $716.00 $1,257.87 32 Install 6'x6' detector loop (Type D) - 1-5 Each $600.00 $550.00 $1,000.00 $922.00 $1,415.09 33 Install 6'x6' detector loop (Type D) - 6+ Each $550.00 $500.00 $800.00 $716.00 $1,257.87 34 Install City furnished Solar Powered Radar Speed Sign Each $950.00 $680.00 $1,740.00 $2,538.00 $1,814.47 35 Install City furnished Solar Powered RRFB Each $950.00 $680.00 $870.00 $2,538.00 $1,814.47 36 Painting of intersection cabinets, back plates, housing and visors Each $2,900.00 $3,060.00 $3,500.00 $4,121.00 $6,045.20 37 Purchase 12" Red LED Lamp Each $45.00 $46.00 $60.00 $38.00 $102.21 38 Purchase 12" Yellow LED Lamp Each $45.00 $46.00 $60.00 $38.00 $102.21 39 Purchase 12" Green LED Lamp Each $45.00 $46.00 $60.00 $38.00 $102.21 40 Purchase 8" Red LED Lamp Each $45.00 $46.00 $50.00 $39.00 $102.21 41 Purchase 8" Yellow LED Lamp Each $45.00 $46.00 $50.00 $39.00 $102.21 42 Purchase 8" Green LED Lamp Each $45.00 $46.00 $50.00 $39.00 $102.21 43 Purchase countdown LED pedestrian signal lamp Each $150.00 $135.00 $190.00 $137.00 $102.21 44 Percent markup on materials Percent 12% 12% 15% 15% 15% Item No. Item Units
Cost Per Unit Per Month
ADDITIONAL ITEMS IN SECTION 8.2 (COMPENSATION FOR EXTRA WORK) Traffic Signal Maintenance Contract
Attachment 5 - Proposal Price Comparision
Contract No. _____

Attachment 1

Attachment 2

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 1

TRAFFIC SIGNAL MAINTENANCE

SCOPE OF WORK
Section 1. SERVICES
In general, the work to be done consists of providing preventative and routine traffic signal maintenance, emergency service, and providing and maintaining a maintenance and inventory management system for the maintenance of traffic signals within the City of Pleasanton. The contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and materials, and perform all work necessary to maintain in good workmanlike manner all of the traffic signal systems owned or maintained by the City.

This work does not include street lighting but does include intersection safety lighting, where the safety lighting is on the same pole as the traffic signal or wired to the same electrical service cabinet as the traffic signal.

The Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, and material to perform all work necessary to maintain the traffic signals and the traffic control deviceslisted in Section 10 – Intersections and Section 11 – Beacons & In-Pavement Lights in compliance with current Caltrans Standards Plans and Specifications.

A traffic signal system includes, but is not limited to: traffic signal controller and cabinet and all appurtenant equipment, service cabinet, flashing beacons related to traffic signal operations (i.e. advanced warning beacons), pedestrian and vehicle signals, detector systems, video detection camera systems, CCTV camera systems, wireless vehicle detection system, automated signal performance measures, interconnect cable (copper and fiber optic), wireless communications equipment, traffic signal communications equipment, emergency vehicle preemption system, uninterrupted power supply system, intersection safety lighting, internally illuminated street name signs, and blank-out LED signs related to the traffic signal.

Radar speed signs that are not operated as a component of a traffic signal system shall not be included in the preventative and routine maintenance of traffic signal systems.

The Contractor shall provide qualified personnel to perform regular preventive field maintenance and emergency repair for the traffic signals in the City. The workforce of qualified employees shall be sufficient to respond to emergency calls and to promptly complete temporary and/or permanent repairs.

The Contractor shall provide a traffic signal technician with a minimum of three years experience in traffic signal repairs. The technician shall be familiar with Trafficware Commander, NAZTEC 980 and NAZTEC 2070 CONTROLLER systems, currently in operation in the City.

The Contractor shall provide a 24-hour service for knockdowns and other signal related emergencies. All personnel for Contractor that may be dispatched shall have continuous Exhibit A

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Scope of Work Page 2
communication access through two-way radio, pager, and/or cellular phone. Response times are detailed in Section 3 of this document.

The Contractor shall provide adequate shop facilities, spare traffic signal components and a lab equipped to operationally test a complete Trafficware Commander, NAZTEC 980 or 2070 signal controller assembly for an extended period.

The Contractor shall furnish spare traffic signal controllers, detectors, conflict monitors, etc., when the original unit must be replaced or are in the laboratory for repairs.

The Contractor shall keep a large stock of common replacement components for a typical traffic signal system in the City. The replacement component types, quantities and storage location shall be adequate to meet the Emergency and Non-emergency Service time requirements detailed in Section 3 of this document.

The Contractor shall supply proper field equipment and tools with the technician at all times so he may sufficiently address any problem with the traffic signal as well as maintain communication with the City. This shall include, but not be limited to: PDA or Smartphone for uploading and downloading new service calls and service call completion, cell phonesfor communication with the City and a laptop computer with the appropriate hardware and software to configure, operate, or troubleshoot the traffic signal equipment.

The Contractor shall offer alternatives to the existing traffic signal equipment to meet the changing demand, when directed by City.

The Contractor shall cooperate with the City Traffic Engineering Division of the Community Development Department in recalibrating signal timing and progression. The Contractor shall not change signal timing except under the direction of the City Traffic Engineering Division of the Community Development Department.

The Contractor shall cooperate with the Police Department, Fire Department, Maintenance Department and other City departments in cases of emergency.

The Contractor shall refer all questions from the public not covered under this Agreement to either the City Traffic Engineering Division of the Community Development Department or the City Police Department.

Section 2. PREVENTATIVE MAINTENANCE
The Contractor shall provide preventive maintenance services for the traffic signals listed in Section 10 – Intersections and Section 11 – Beacons & In-Pavement Lights. The Contractor shall provide and use a Preventive Maintenance Database checklist form to record inspection findings.

Preventative Maintenance will include all maintenance activities identified in Section 12 – Preventative Maintenance Schedule. The Contractor shall provide a monthly update of the maintenance database to the City, and maintain a copy at the Contractor's office.

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The contractor shall itemize each repair made as part of routine maintenance and recommend to the City additional work that may be needed and not covered in the Routine Maintenance Program.

2.1 Routine Maintenance
The Contractor shall perform a comprehensive signal maintenance program designed to eliminate or reduce traffic signal malfunctions, reduce signal operation complaints, and extend the useful life of the traffic signal equipment. This program shall include, but not be restricted to, Section 12 – Preventative Maintenance Schedule.

2.2 Traffic Signal Control Equipment
The Contractor shall repair or replace all defective parts of the traffic signal control equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by City Traffic Engineering Division.

No permanent change of control mechanisms shall be made without prior approval of the City.

Whenever equipment is removed from the controller cabinet, the City Traffic Engineering Division shall be notified by phone within 24 working hours.

Contractor agrees to notify the City Traffic Engineering Division in advance of any traffic signal turn-offs or turn-ons necessitated by Contractor's operations. Contractor shall not make said turn-off or turn-on without the approval of City Traffic Engineering Division.

All traffic signal controller equipment shall be maintained as recommended by the manufacturer.

The Contractor shall bear the full cost of repairing or replacing traffic signal components under the provisions of the routine maintenance program. When traffic signal components become obsolete or deteriorated to the point of being beyond repair, Contractor shall report such conditions to the City Traffic Engineering Division and provide satisfactory evidence that replacement is necessary.

Contractor shall prepare an estimate showing the cost breakdown of material and labor for replacement of such equipment, and submit this information to the City Traffic Engineering Division.

2.3 Spare Equipment
The Contractor shall maintain adequate storage and shop repair facilities to perform the requirements of this Agreement, including a sufficient stock of spare parts, standby controllers and signal equipment to complete permanent repairs to the system within a thirty (30) day period. Failure to complete permanent repairs within this time limit may be sufficient cause for the City to authorize repairs to be completed by others. Repetitive failure shall be sufficient cause for the City to terminate this Agreement.

The Contractor shall be responsible for furnishing all spare standby controllers necessary to maintain the continued safe, efficient operation of the signal system when the original unit is withdrawn for maintenance, repair or modification. Standby controllers shall be fully compatible with the City’s

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traffic control system without exception. All component parts (detectors, load switches, phones, lights, signal monitors, etc.) of each system shall be maintained at all times to perform the functions for which they were designed unless authorized to the contrary by the City Traffic Engineering Division.

2.4 Vehicle Signals
All new installed lamps SHALL BE LED and meet the most current Caltrans Standard Specifications and City of Pleasanton Specifications for vehicle signal faces and signal heads. The Contractor shall replace or repair vehicle signals as they malfunction. All labor resulting from replacing burned out, flickering, dim or otherwise non-functioning vehicle signal indications shall be replaced as part of the preventative maintenance flat rate.

2.5 New Traffic Signal Installations
Contractor shall maintain any additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City. Refer to Section 8 of this document for Compensation.

Prior to the turn-on of a new traffic signal or a traffic signal modification, Contractor shall perform an inspection of the traffic signal, monitor the flashing-out of the new signal heads, and review the new traffic control equipment operation prior to full activation of the new traffic signal system.

Compensation will be per Section 8 of this document as Extra Work.

2.6 Pedestrian Signals
All new installed pedestrian signals SHALL BE LED COUNTDOWN FULL SYMBOL and meet the most current Caltrans Standard Specifications and the City of Pleasanton Specifications for pedestrian signals. The Contractor shall replace or repair pedestrian signals as they malfunction. All labor costs resulting from replacing burned out, flickering, dim or otherwise non-functioning pedestrian signal indications shall be replaced as part of the preventative maintenance flat rate.

2.7 Warranty Service
During the period of warranty, the Contractor is expected to make all communications between manufacturer, installing contractor and the City Traffic Engineering Division regarding any warranty service. Contractor shall notify the City Traffic Engineering Division of any undue delays in response by the manufacturer or installing Contractor and details of each incident.

2.8 Electronic Record System
The contractor shall supply and make operational a Windows-based computerized maintenance and inventory management system accessible by the City and Contractor via the Internet that at a minimum shall provide the following features:

Intersections – A complete database of signalized intersections including all routine maintenance histories, complete equipment inventory, electronic photo images, repair history and installation date of all equipment utilized at each location.

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Assets – Asset inventory, maintenance/repair history and real-time available inventoried replacement parts, current status of reordered equipment and inventory tracking.

Preventative/Emergency Maintenance – A record of all calls, date and time stamp of: moment of receipt, dispatch, contractor arrival and departure. All records shall have description of problem and repair made. All records shall be updated in real time by the contractor via PDA or similar device and made available to City for realtime monitor of call status via the internet.

The Electronic Record Management system shall be fully operational within 60 days of award of contract. The City, at its option, may request minor revisions or changes to the system. These changes will be at no cost to the City. Upon completion of the contract, the City, at its option, may retain possession of the database for future use related to the City’s traffic signal maintenance management inventory. This option shall be at no cost to the City.

If the contractor does not provide the computerized Electronic Record Management system within the first 90 days of this contract, the Contractor shall pay liquidated damages to the City in the amount of $500 per calendar day until the system is fully operational.

Section 3. EMERGENCY SERVICE
Throughout the term of this agreement, the Contractor shall provide and maintain emergency service response on a 24-hour, 365-day basis, including all holidays. All personnel for Contractor that may be dispatched shall have continuous communication access through two-way radio, pager, and/or cellular phone. The response time for initial evaluation, safety, and clean-up tasks is one (1) hour.

The outside time limit for follow-up action is two (2) hours from notification. In cases of major malfunction and/or damage, the Contractor shall contact the City Traffic Engineering Division to receive further direction.

The Contractor shall respond within one (1) hour after the City has first notified the Contractor's representative of the following events:
(1) Any signal controller malfunction
(2) Signal equipment knockdowns
(3) Other situations that are potentially hazardous to public safety The replacement of burned-out lamps need not be on an emergency basis provided that there are two (2) remaining signal phase indications still in operation. Such replacements shall be completed within twenty-four (24) hours.

Contractor shall notify the City Traffic Engineering Division immediately of any change in traffic signal operations.

Emergency calls that require replacement of equipment will not require approval from City before such replacements are commenced.

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Contractor shall maintain a single local telephone number where they can be reached twenty-four (24) hours per day. This telephone number shall be made available to all persons designated by the City.

The Contractor shall be responsible for responding to all emergency calls from persons designated by the City. Unless otherwise identified in this Scope of Work or the Agreement, all calls shall be included in the preventative maintenance flat rate, including all “false calls”.

The City realizes that false calls occasionally occur outside of normal operating hours. The City also realizes that it is necessary to respond to all calls related to traffic signal malfunctions.

The Contractor shall be responsible for responding to ALL CALLS (including potentially false calls) from designated City officials. This service will be included in the monthly preventative maintenance costs.

3.1 Monitoring Emergency Calls
Upon completion of emergency work, the Contractor shall call the City Traffic Engineering Division to notify City staff that the emergency work has been completed.

3.2 Liquidated Damages
It is understood and agreed that failure on part of the Contractor to respond within one (1) hour, under normal conditions for emergency calls as provided in Section 3.0, will cause the City to suffer an unascertainable amount of damages. Contractor agrees to pay to the City, not as a penalty but as liquidated damages, the amount of $100 per hour that the Contractor is late to arrive. This amount is to be deducted from any payment due or to become due to the Contractor.

3.3 Non-emergency Service
All other non-emergency calls shall be responded to within 24 hours or as mutually agreed upon between the City Traffic Engineering Division and Contractor for each individual service call.

Section 4. SIGNAL UPGRADES AND INSTALLATIONS
The Contractor shall, if requested, install, modify and/or upgrade traffic signals, fiber or traffic safety devices. All additional work shall be performed to the satisfaction of the City Traffic Engineering Division.

No additional work shall be commenced or undertaken by Contractor without written approval by the City Traffic Engineering Division. Additional work shall be performed in accordance with the most current version of the California Manual of Uniform Traffic Control Devices, State of California Department of Transportation Standard Plans and Standard Specifications, and the City of Pleasanton Community Development Standard Specifications and Details. This work shall be performed within the time limit established by the City Traffic Engineering Division and at the mutually agreed upon price.

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City shall retain the right to perform any additional work by use of City forces or, in the alternative, to advertise such work for bids.

Section 5. RECORDS

5.1 Intersection Records
Preventive Maintenance (PM) Checklist: The Contractor shall create and provide a MS Access or approved equal database with data entry forms for the field technicians to use to log preventative maintenance and emergency call-out activity. The Contractor shall maintain this database for use by maintenance staff whenever they visit any signalized intersection. The Contractor shall also maintain a hardcopy of the Preventive Maintenance Checklist Form at each intersection. The PM checklist form in the cabinet shall be completely filled out. The database shall be accessible via a wireless PDA or similar technology so that the technician may update the database from the intersection. Every time the signal cabinet door is opened, the maintenance technician shall make an entry in the maintenance database regarding the purpose of the maintenance activity and operational status of the signal. The database forms shall be used by the maintenance staff to record each Preventative Maintenance inspection and any non-scheduled maintenance activity by the Contractor to repair an element of the traffic signal installation at the intersection (cabinet components, detector loops, pedestrian heads, signal heads, lenses, signal poles, etc.). The PM database shall be continually updated. The City shall have access to the database via the internet and an updated hard copy of the database furnished to the City Traffic Engineering Division monthly.

5.2 Monthly Activity Report
The Contractor shall provide a computerized monthly activity report to the City Traffic Engineering Division of the Community Development Department by the fifteenth day of each month for the previous month. The report shall be emailed or delivered on a CD in a Microsoft database format and shall include the following:
a. Time the service calls were received by Contractor, City personnel making the call, time arrived at the intersection, the response time, the technician name, the number of hours spent for each repair and equipment replaced.
b. A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection.

The disposition of removed signal control components and the repair history of reinstalled components shall be included in the monthly report. c. Time and date the PM work was performed.

If the contractor does not provide the computerized monthly activity report by the fifteenth day, the Contractor shall pay liquidated damages to the City in the amount of $500 per calendar day until the report is submitted.

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5.3 Pending Repair List
The Contractor shall provide a computerized monthly report, to the City Traffic Engineering Division of the Community Development Department by the fifteenth day of each month, of all pending repair work needed at each intersection. This report shall be broken down by intersection and be separate from the Monthly Activity Report.

If the contractor does not provide the computerized monthly activity report by the fifteenth day, the Contractor shall pay liquidated damages to the City in the amount of $500 per calendar day until the report is submitted.

Section 6. MEETINGS
The Contractor's technician shall be available to meet with the City Traffic Engineering Division on a weekly basis at a mutually agreed upon time and place in the City of Pleasanton to review each week's maintenance activities. The Contractor's maintenance supervisor shall be similarly available to meet with the City Traffic Engineering Division on a monthly basis.

Section 7. KEY PERSONNEL
Any and all persons identified in this Agreement performing work hereunder are deemed by CITY to be key personnel whose services were a material inducement to CITY to enter into this Agreement, and without whose services CITY would not have entered into this Agreement. CONTRACTOR shall not remove, replace, substitute, or otherwise change any key personnel without the prior written consent of CITY.

Section 8. COMPENSATION

8.1 Compensation for Routine Maintenance
In consideration of the furnishing by the Contractor of the described labor, services, materials and equipment in accordance with all provisions of this Agreement, together with the appurtenances thereto, said Contractor shall be paid by the City per maintained intersection and per maintained beacon / in-pavement lights per month as the flat rate cost in accordance with Section 13 – Cost Proposal, attached and incorporated by reference as though fully set forth herein.

In the event that new traffic signals are installed, the Contractor agrees to maintain these signals at the same flat rate and in the same manner as those covered by this Agreement upon written notification from the City Traffic Engineering Division. In the event a notification is made at other than the beginning of the monthly contract period, payment for that month shall be prorated on a daily basis.

The flat rate maintenance cost does not include new traffic signal poles, pedestrian push buttons, LED indications, traffic signal cabinet installation, service cabinet installation, testing traffic signal controller cabinets, installing video detection cameras and CCTV PTZ cameras, painting of poles, heads, cabinets or other devices, nor the repair or replacement cost of inductive loops, signs, electroliers, radar speed signs not associated with traffic signal operations, or repairs to signal

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equipment when such equipment has been damaged by vehicular collisions, acts of God, or malicious damage. All other work and repair required to maintain a fully operational traffic signal shall be considered to be included as part of the routine maintenance.

The maintenance of or replacement of inductive loop sensor units and amplifier units, load switches and other minor control components are included in the flat rate maintenance cost.

After hour, weekend and holiday calls shall be included in the flat rate maintenance cost, except in cases where necessary repair work results from vehicular collisions, acts of God, or malicious damage. Request for payment of this work shall be submitted to the City on a separate invoice.

It is the intent of this contract to contain all maintenance and repair costs within the monthly flat rate, with the exception of repair work resulting from vehicular collisions, acts of God, or malicious damage.

8.2 Compensation for Extra Work
The City shall pay for repairs under extra work when such repairs are made necessary due to damage to signals resulting from vehicular collisions, act of God, or malicious damage.

The City agrees to pay the Contractor the full amount of extra repairs in accordance with Section 13 Bid Items and Additional Bid items. The first two hours of Extra Work in response to calls for service received by Contractor between 7 AM and 4 PM on weekdays (non-holidays) shall be charged at the straight time rate (not overtime).

The Contractor shall contact the City Traffic Engineering Division to obtain prior approval before work is scheduled. The Contractor shall verify invoiced charges, when requested by City, with time cards and material invoices.

Repair or replacement of in-pavement loop vehicle detectors shall be considered extra work and shall require approval from the City Traffic Engineering Division prior to replacement.

Repair or replacement of equipment related to radar speed signs shall be considered extra work and shall require approval from the City Traffic Engineering Division prior to repair replacement.

Payment shall be made on a time and materials basis.

MATERIAL ONLY required for the replacement of burned out, flickering, dim or otherwise nonfunctioning LED or incandescent vehicle and pedestrian signals shall be considered extra work.

Section 9. CONTRACT TERM
The period of this Agreement for Contract Services shall extend from July 1, 2025 thru June 30, 2027.

If the Agreement is extended beyond June 30, 2027 per Section 1 of the Maintenance Services Agreement, the Contractor may request an adjustment of the flat rate, labor, and Equipment costs

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specified in Section 13 Bid Items and Additional Bid items. Changes in labor or equipment costs shall not exceed the change in the Consumer Price Index (CPI) since the immediately preceding amendment to such rates. The CPI to be used in rate adjustments shall be the all Urban Consumers (1982-84=100) for the San Francisco-Oakland-San Jose, California area as published by the United States Department of Labor, Bureau of Labor Statistics. The Contractor and the City's Community Development Director, may by mutual agreement, amend Section 13 Bid Items and Additional Bid items; provided, however, no more than one amendment may be made in each schedule in any calendar year. Increases due to the cost of Contractor's general liability insurance may be negotiated and approved by the City Community Development Director when said increases are properly documented by the Contractor.

Charges for extra work shall be consistent with Section 13 Bid Items and Additional Bid items.

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Section 10 INTERSECTION LIST
ICU
#
Name of Intersection

SIGNALS
IISNS
8-IN 12-IN PV PED
26 Bernal Avenue @ Case Ave / Old Bernal Ave
7 13

-

8 4
24 Bernal Avenue @ Fire Station # 4
-

10 -

2 2
96 Bernal Avenue @ First / Sunol Boulevard
7 9

-

8 4
21 Bernal Avenue @ I-680 & N/B Ramp
-

14 -

8 3
20 Bernal Avenue @ I-680 & S/B Ramp
-

11 -

-

3 107 Bernal Avenue @ Independence Drive
6 6

-

4 1
22 Bernal Avenue @ Koll Center Drive
-

9 -

4 2
19 Bernal Avenue @ Meadowlark
-

13 -

4 2
124 Bernal Avenue @ Nevada
-

21 -

8 4
25 Bernal Avenue @ Pleasanton Avenue
-

13 -

2 2
106 Bernal Avenue @ Tawny Dr / Vineyard Ave
-

8 -

6 2
104 Bernal Avenue @ Utah
-

20 -

8 4
23 Bernal Avenue @ Valley Avenue
-

23 -

8 4
105 Bernal Avenue @ Vineyard Avenue
-

15 -

4 3
103 Busch Road @ Ironwood Drive
-

9 -

2 3
94 First Street @ Kottinger Drive
-

12 -

6 2
95 First Street @ Neal Street
6 8

-

8 2
93 First Street @ Ray St / Vineyard Ave
-

14 -

8 2
92 First Street @ Stanley Boulevard
6 10

-

6 2
8 Foothill Road @ Bernal Avenue
7 5

-

4 3
1 Foothill Road @ Canyon Way / Dublin Canyon
6 17

-

6 4
2 Foothill Road @ Deodar Way
2 12

-

4 2
7 Foothill Road @ Foothill High School
-

19 -

4 4
119 Foothill Road @ I-580 E/B Ramp
-

15 -

2 3
120 Foothill Road @ I-580 W/B Ramp
-

12 -

2 3
3 Foothill Road @ Laurel Creek Way
7 6

-

4 3

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5 Foothill Road @ Muirwood Drive (North)
1 15

-

4 3
4 Foothill Road @
Stoneridge Drive / Laurel Creek
Dr

-

22 -

4 4
6 Foothill Road @ W Las Positas Boulevard
5 5

-

4 2
48 Gibraltar Drive @ Chabot
4 12

-

8 4
49 Gibraltar Drive @ Willow Rd
12 4

2 8

2 56 Hacienda Drive @ Gibraltar Drive (North)
13 4

3 8

2 58 Hacienda Drive @ Gibraltar Drive (South)
11 4

2 8 -
54 Hacienda Drive @ I-580 E/B Ramp
4 6

-

2 1
53 Hacienda Drive @ I-580 W/B Ramp
5 6

-

2 1
117 Hacienda Drive @ Iron Horse Trail
-

8 -

2 2
55 Hacienda Drive @ Owens Drive
8 16

-

8 4
59 Hacienda Drive @ W Las Positas Boulevard
-

19 2

8 2
36 Hopyard Road @ Arthur Dr \ N Valley Trails
10 6

1 8

3 39 Hopyard Road @ Black Avenue
10 4

-

8 2
34 Hopyard Road @ Coronado Lane
-

10 -

2 2
30 Hopyard Road @ Gibraltar Drive
-

20 -

6 3
28 Hopyard Road @ I-580 E/B Ramp
4 6

-

-
-
27 Hopyard Road @ I-580 W/B Ramp
2 8

-

2 -
33 Hopyard Road @ Inglewood Drive
12 6

1 8

4 29 Hopyard Road @ Owens Drive
7 13

-

6 4
37 Hopyard Road @ Parkside Dr \ S Valley Trails
12 7

-

8 3
32 Hopyard Road @ Stoneridge Drive
2 23

-

8 4
38 Hopyard Road @ Valley Avenue
11 7

3 8

4 35 Hopyard Road @ W Las Positas Boulevard
11 9

4 8

4 31 Hopyard Road @ Clorox
6 4

2 4

2 126 Johnson Drive @ Commerce Dr
-

11 -

4 3
127 Johnson Drive @ Costco
-

12 -

4 3
41 Johnson Drive @ Clorox
12 4

-

8 4
80 Main Street @ Neal St / Rose Ave
6 4

-

8 -

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 13
79 Main Street @ St John St / Ray St
11 5

-

8 -
44 Owens Dr @ Chabot Drive
8 10

-

8 -
46 Owens Dr @ East Bart Driveway
5 14

-

6 4
116 Owens Dr @ Iron Horse Trail
-

9 -

4 2
40 Owens Dr @ Johnson Drive
12 4

4 8

4 47 Owens Dr @ Orcale Ln
-

18 -

6 4
60 Owens Dr @ Rosewood Drive
4 14

-

8 4
65 Owens Dr @ W Las Positas Boulevard
6 5

-

2 2
45 Owens Dr @ Willow Rd / Bart Station
8 12

-

8 4
61 Rosewood Drive @ CarrAmerica / WalMart
4 16

-

8 4
62 Rosewood Drive @ Rose Pavillion
-

16 -

8 2
78 Santa Rita \ Main @ Stanley Blvd / Del Valle Pkwy
-

27 -

12 6
77 Santa Rita Road @ Amador Crosswalk
-

6 -

2 2
121 Santa Rita Road @ Amador HS
-

17 -

4 2
76 Santa Rita Road @ Black Avenue
11 4

-

6 2
68 Santa Rita Road @ I-580 E/B Ramp / Pimlico
1 18

-

6 4
67 Santa Rita Road @ I-580 W/B Ramp
3 8

-

2 1
73 Santa Rita Road @ Mohr Drive
-

16 -

8 2
70 Santa Rita Road @ Old Santa Rita Road
-

19 -

8 2
69 Santa Rita Road @ Rosewood Drive
5 6

-

2 2
72 Santa Rita Road @ Stoneridge Drive
15 7

-

8 2
74 Santa Rita Road @ Valley Avenue
9 11

-

8 4
71 Santa Rita Road @ W Las Positas Boulevard
7 14

-

6 4
91 Stanley Boulevard @ California Ave / Reflection Dr
4 16

-

6 4
90 Stanley Boulevard @ Valley Ave \ Bernal Ave
2 19

-

4 4
114 Stoneridge Drive @ Auto Mall
-

20 -

8 4
50 Stoneridge Drive @ Chabot Drive
10 10

-

8 4
17 Stoneridge Drive @ Denker / Franklin Drive
10 10

-

8 4
115 Stoneridge Drive @ El Charro
-

23 -

6 4

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 14
63 Stoneridge Drive @ Gibraltar Drive
11 5

2 8 -
84 Stoneridge Drive @ Guzman Pkwy
-

10 -

4 4
57 Stoneridge Drive @ Hacienda Drive
12 8

4 8

4 15 Stoneridge Drive @ I-680 N/B Ramp
4 8

-

-
-
14 Stoneridge Drive @ I-680 S/B Ramp
4 8

-

2 -
16 Stoneridge Drive @ Johnson Drive
5 12

-

4 4
82 Stoneridge Drive @ Kamp Dr / Garden Creek
-

16 -

8 4
83 Stoneridge Drive @ Newton Way
-

14 -

8 4
81 Stoneridge Drive @ Rheem Dr / Milani Ave
-

14 -

8 2
12 Stoneridge Drive @ Springdale Drive
4 10

-

8 2
13 Stoneridge Drive @ Stoneridge Mall Road
2 9

-

4 2
113 Stoneridge Drive @ Stoneridge Creek
-

16 -

8 4
85 Stoneridge Drive @ Trevor Pkwy
-

11 -

6 3
64 Stoneridge Drive @ W Las Positas Boulevard
8 14

2 8 -
51 Stoneridge Drive @ Willow Road
12 4

2 8 -
122 Stoneridge Mall Road @ Bart Garage
-

19 -

6 4
9 Stoneridge Mall Road @ Canyon Way
-

12 -

4 2
111 Stoneridge Mall Road @ Embarcadero Ct
-

18 -

4 2
10 Stoneridge Mall Road @ Fabain Court
-

20 -

8 4
11 Stoneridge Mall Road @ McWilliams Lane
6 10

-

4 -
123 Stoneridge Mall Road @ Workday Way
-

18 -

8 4
100 Sunol Boulevard @ Arlington Drive
-

19 -

6 4
98 Sunol Boulevard @ Junipero Drive
-

20 -

8 4
97 Sunol Boulevard @ Mission Drive
1 15

-

8 3
99 Sunol Boulevard @ Sycamore Road
-

20 -

6 4
89 Valley Avenue @ Boulder Street
-

13 -

6 4
88 Valley Avenue @ Busch Road
-

12 -

2 3
43 Valley Avenue @ Case Ave
-

12 -

6 4
66 Valley Avenue @ Greenwood Road
4 10

-

8 2

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 15
42 Valley Avenue @ Koll Center Pkwy / Gate #12
-

18 -

6 2
86 Valley Avenue @ Kolln Street
6 7

-

6 3
125 Valley Avenue @ Northway Rd
-

12 -

4 2
87 Valley Avenue @ Quarry Lane
4 8

-

4 2
108 Vineyard Avenue @ Montevino Dr / El Capitan
-

-

8 6

2 109 Vineyard Avenue @ Pietronave
-

8 -

8 2
110 Vineyard Avenue @ Ruby Hill Boulevard
-

8 -

2 3
18 W Las Positas
Boulevard @ Dorman Road -

14 -

6 4
118 W Las Positas
Boulevard @ Iron Horse Trail -

8 -

2 2
112 W Las Positas
Boulevard @ Muirwood Drive -

16 -

8 4
52 W Las Positas
Boulevard @ Willow Road 4

2 8

-
-
TOTALS 444 1,451 50 710 335

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 16
Section 11 BEACONS AND PAVEMENT LIGHTS LIST
Count Location of Device Type
1 Abbie St @ Trail Xing RRFB
2 Bernal @ Kottinger Park Xing RRFB
3 Bernal Ave @ Puerto Vallarta RRFB
4 Black Ave @ Cedarwood Ln RRFB
5 Embacadero Ct @ Crosswalk RRFB
6 First St @ W Angela St RRFB
7 First St @ Abbie St RRFB
8 Foothill Rd @ Oak Creek Dr RRFB
9 Franklin Dr @ Johnson Dr RRFB
10 Johnson Dr @ Tom Burnett Ln RRFB
11 Mohr Ave @ Iron Horse Trail RRFB
12 Owens Dr @ Andrews Dr RRFB
13 Pleasanton Ave @
Alameda
Fairgrounds
In-Pavement Crosswalk /
RRFB
14 Santa Rita Rd @ Francisco St In-Pavement Crosswalk / RRFB
15 Valley Ave @ Laguna Creek Ln RRFB
16 Vineyard Ave @ Touriga Dr RRFB
17 W Las Positas
Blvd @ Fairlands Dr RRFB

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 17
Section 12 PREVENTATIVE MAINTENANCE SCHEDULE
The City requires that the Contractor will perform preventative maintenance on all signal equipment.

A traffic signal includes, but is not limited to: traffic signal controller and cabinet and all appurtenant equipment, service cabinet, flashing beacons related to traffic signal operations (i.e. advanced warning beacons), pedestrian and vehicle signals, detector systems, video detection camera systems, CCTV camera systems, wireless vehicle detection system, interconnect cable (copper and fiber optic), wireless communications equipment, traffic signal communications equipment, emergency vehicle preemption system, uninterrupted power supply system, intersection safety lighting, internally illuminated street name signs, and radar speed signs related to traffic signal operations.

The Contractor shall use a Windows-based computerized maintenance and inventory management system to record all work done as outlined in the Scope of Work. The Preventative Maintenance database shall be continually updated. The City shall have access to the database via the internet as well as an updated hard copy of the database that shall be furnished to the City on a monthly basis.

All records shall be updated in real time by the contractor via Smartphone or similar device.

Upon completion of each Preventative Maintenance inspection detailed in this schedule, the contractor shall supply a computerized report to the City Traffic Engineering Division itemizing each check performed and the result of that check. A separate report shall be generated for the monthly, quarterly, and annual, even when all of these checks occur in the same month.

The Contractor shall also provide a computerized monthly report to the City Traffic Engineering Division of the Community Development Department by the fifteenth day of each month that summarizes the pending repair work needed at each intersection. This report shall be broken down by intersection and be separate from the Preventative Maintenance Report. This may be provided by hard copy or by email on the 15th day of each month.

The contractor shall perform the following Monthly Preventative Maintenance inspections and corrective work every month.

1. Controller Cabinet
• Test and Check ground fault receptacle
• Observe the general appearance of the cabinet, noting any rust or other signs of deterioration and complete/recommend repair work if needed • Inspect door gasket condition and replace if necessary • Inspect door lock operation and replace if necessary
• Operate and inspect ventilation fan and cabinet light (where applicable) • Inspect for pests in cabinet and take corrective action if needed • Visually inspect all relays, photocells, cabinet locks, cabinet fans, switches and make routine adjustments and repairs as necessary
• Move the fan thermostat setting and determine if fan is operable. Return thermostat to

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 18
proper setting

2. Signal Controller
• Visually inspect signal controller and controller cabinet components for proper operation and make repairs/replacements as necessary
• Check timing of individual signal phases. Contractor shall notify engineer immediately of any operational issues (i.e. skipped or omitted phases). The contractor shall not make any timing changes unless it is a matter of public safety or is needed for the proper operation of the traffic signal.

3. Signal & Pedestrian Heads
• Visually inspect all vehicular and pedestrian signals for proper operation and replace outages. Replace all burnt out or flickering indications with LED indications • Walk intersection and visually inspect all signal heads including backplates, visors and indications for proper operation and alignment. Replace all broken parts, align signal heads and adjust all mast arm signs as necessary
• Check that all pedestrian signals are in good condition, aimed properly and make adjustments as necessary

4. Pedestrian Push Buttons
• Actuate each button for proper operation. Visually inspect and note condition. Replace or repair any broken or defective pedestrian push buttons. All new pedestrian push buttons shall be two inch ADA push buttons
• Check all audible and tactile pedestrian signal are in good condition and properly positioned (where applicable) and make repairs as needed

5. Battery Backup Systems
• Test battery backup system
• Test battery charge and replace as needed

6. Interconnect Communication
• Check operation
• Visually inspect cables, antenna, and other hardware and make repairs as needed

7. Miscellaneous
• Visually inspect other signal hardware
• Correct and/or report all deficiencies
• Check operation of flashing beacons at signalized intersections to ensure proper operation • Clean video detection camera lenses as needed
In addition to the monthly maintenance report, the Contractor shall conduct Quarterly Preventative Maintenance and submit a report that shall include all of the following elements. Quarterly maintenance shall take place in the months of July, October, January and April:

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 19

8. Detectors and Loops
• Visually inspect for exposed wires, cracks, and/or pot holes and make repairs or recommendations for repair as needed
• Check and tune detector amplifiers

9. Pull Boxes
• Check Pull box and lid condition and replace/repair as needed • Check condition of splices and make repairs as needed • Clear any debris from pull boxes

10. Controller Cabinet
• Measure voltage level at service entrance in cabinet and record • Vacuum and clean controller cabinet and contents

11. Battery Backup Systems
• Measure voltage level at service entrance in cabinet and record • Vacuum and clean cabinet and contents

12. Emergency Vehicle Pre-Emption
• Actuate preempt to check operation with Emergency Vehicle Pre-emption Emitter and make repairs as needed.
• Visually inspect cables, antenna, and other hardware
In addition to the monthly and quarterly maintenance the Contractor shall conduct Annual Preventative Maintenance and submit a report that shall include all of the following elements.

Annual maintenance shall take place in each month with the traffic signals being segmented into 12 equal zones:

13. Controller Cabinet
• Replace cabinet air filter
• Lubricate hinges and lock

14. Signal Heads
• Align signal heads as needed
• Clean and polish all lenses and reflectors

15. Signal System Assessment
• Perform conflict monitor test and submit printout
• Check for water accumulation and reseal ducts

16. Miscellaneous
• Check any other equipment utilized during the term of the Agreement but not specifically listed
• Anchor bolts tightened

Traffic Signal Maintenance Contract Contract No.______
Scope of Work Page 20
• Adjust all mast arm mounted street name signs as needed • Check condition of paint (frameworks, heads, cabinet, poles, and other appurtenances) and make recommendation for repainting as needed.
• Check cabinet inventory list and update as needed.

17. Night Inspections
• Walk intersection and check for proper visibility and operation of traffic signal heads, pedestrian signal heads and flashing beacons
• Check operation of safety lighting and recommend repair and replacement to City Traffic Engineering Division as needed
• Check operation of internally illuminated street name signs and conduct repair and replacement as needed

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J
St. Francis Electric I A and C-10 Licensed Contractor I 975 Carden St. San Leandro CA 94577 www.sfe-inc.rn- Phone (51 OJ 639-0639 - Fax (51 OJ 639-9116- 24/7 /365 Traffic Signal Service 1-(844J-LIGHT88

Item #7

CITY COUNCIL AGENDA REPORT
May 20, 2025
Community Development
TITLE: ADOPT A RESOLUTION APPROVING THE AFFORDABLE HOUSING AGREEMENT WITH SQUARE MILE PLEASANTON, LLC FOR THE MULTIFAMILY AFFORDABLE RENTAL HOUSING PROJECT AT 3300 BUSCH ROAD,

PART OF THE VILLAGES AT THE QUARRY RESIDENTIAL DEVELOPMENT

SUMMARY
Square Mile Pleasanton, LLC (Developer) received Planning Commission approval for Applications for Housing Site Compliance Review (Case No. P23-0480) and Vesting Tentative Map 8680 approval pursuant to SB 330 for the construction of: a) 310 detached two-story single-family residential homes with 62 junior accessory dwelling units (JADUs); b) 102 multiple-family rental units in four, three-story buildings plus an amenity building, which include 101 affordable housing units and one manager’s unit; c) an approximately 2-acre park owned/maintained by the development’s homeowners association (HOA) with access for the general public; and d) on- and off-site improvements. The residential development requires City Council approval of an Affordable Housing Agreement to comply with the City’s Inclusionary Zoning Ordinance (IZO), including approval of an alternative method of compliance regarding timing for construction of the units.

RECOMMENDATION
Adopt a resolution approving the Affordable Housing Agreement with Square Mile Pleasanton, LLC for the multi-family affordable rental housing project at 3300 Busch Road, part of the Villages at the Quarry residential development.

BACKGROUND
Site and Area Description
The approximately 51.37-acre, roughly triangular-shaped site is located at the southeast corner of Busch Road and Valley Avenue, known as 3300 Busch Road. The site is currently occupied by a construction equipment storage company operating under a short-term lease and through the approval of the City’s temporary use permit process. The neighboring Pleasanton Garbage Service (PGS) facility also leases space for parking/storage of trucks and vehicles on the site. The site is bounded to the north by Busch Road, with the Village at Ironwood senior residential community and City Public Works Department (formerly Operation Services Department) facility across Busch Road to the north. The east side of the site abuts the PGS transfer station facility and a large vacant lot. A self-storage facility and light industrial uses are located to the south and across Valley Avenue to the west. See Figure 1 for the project’s location. As described below, the proposed project includes two major elements – the development of 310 detached, market-rate units, and 102-unit multi-family units that would be located within a 3-acre area in the northeast quadrant of the site, adjacent to Busch Road.

Figure 1: Project Site and Surrounding Area
General Plan and Zoning
The project site has a General Plan Land Use designation of Housing Element Site Overlay (HESO) and a zoning designation of Housing Opportunity Zone District (HOZ) and Industrial General (IG-40,000). Residential uses are defined and identified as appropriate uses under the General Plan land use designations and the HOZ classification.

Senate Bill 330 and Objective Design Standards (ODS)
In March 2023, the Developer submitted a preliminary review application (P23-0188) for the project pursuant to Senate Bill 330 (SB 330). The law provides an optional vesting opportunity for housing development projects, which freezes the policies, standards and fees in effect when a complete Preliminary Application is submitted; as such, this project is vested to the policies, standards, and fees as of the time of the preliminary application submittal. Pursuant to State law, specifically the Housing Accountability Act (Cal. Government Code § 65589.5), the scope of the City’s review and basis for project approval or denial is based on conformance to the January 2023 ODS and the other City standards and regulations in place at time of the SB330 preliminary application. This includes conformance to the requirements of the Inclusionary Zoning Ordinance (IZO) as it was in place in March 2023; that is, prior to the IZO’s amendment/update in December 2024.

State Density Bonus Law (SDBL)
In addition, under State Density Bonus Law (SDBL), the City is required to provide for a number of “incentives,” “concessions” or “waivers or reductions of development standards” based on the percentage of affordable units and qualification for State housing density bonuses. A concession or incentive is defined in State law as a reduction in site development standards, a modification of zoning code or architectural design requirements or other regulatory incentives or concessions which result in identifiable cost reductions. The project qualifies for both incentives/concessions and waivers pursuant to SDBL, based on its

provision of 101 lower-income units, equivalent to 24.51 percent of the proposed market-rate units. The project’s proposed 24.51 percent lower-income units entitle it to up to two incentives or concessions, although the Developer is requesting only one incentive/concession.

State law separately defines “waivers or reductions of development standards” as a further form of assistance available to developers with eligible density bonus projects. Under SDBL, the City cannot apply a development standard that would physically preclude the construction of the project at its permitted density; accordingly, a developer may request such standards to be modified or “waived.” For most projects, there is no limit on the number of waivers or reductions of development standards that may be requested. Under these provisions, the Developer requested 19 waivers to deviate from the City’s standard requirements. Note that SDBL does not require a project to propose a density above the maximum allowed in order to apply for concessions or waivers.

The project applications, inclusive of an application for Housing Site Compliance Review (Case No. P23-0480) and Vesting Tentative Map 8680 approval pursuant to SB 330, and inclusive of the requested density bonus incentives and waivers was approved unanimously by the Planning Commission on April 23, 2025. No appeal was filed.

DISCUSSION
Project Description and Discussion
The approved project includes 310 single-family residential market-rate homes and 102 apartment rental units, all of which are deed-restricted affordable units except for one manager’s unit. The approved project also includes approximately 2.1-acre private park with public access.

Site Design
The project, referred to as “Villages at the Quarry,” provides two main vehicular access points:
from Busch Road on the Project’s north side and from Valley Avenue on the project’s southwest side. The project includes four residential “Villages”: Villages 1-3 are for detached single-family residential homes (with varying lot and home sizes within each village), and Village 4 which includes the multi-family rental units. The overall site plan and layout of the four villages is shown in Figure 2. See the April 23, 2025, Planning Commission Agenda Report or additional information and description of the overall project and Villages 1-3, including proposed circulation, parking, building design/architecture and other features.

Figure 2: Overall Project Layout
Village 4/Multi-Family Affordable Rental Development
Located in the northeast corner of the project site, Village 4 consists of four multi-family residential buildings (and one community amenity building) with a total of 101 affordable residential units and one on-site manager unit. It is anticipated that 45 of the units would be one-bedroom units, 26 would be two-bedroom, and 31 would be three-bedroom. Each of the buildings would range in size from approximately 14,269 square feet to 24,072 square feet, and the units would range in size from approximately 510 square feet to 1,060 square feet.

The maximum height of the multifamily buildings would be approximately 38 feet 10 inches.

Village 4 also includes a community center, picnic and play areas, and a pedestrian connection to the Iron Horse Trail along the project frontage on Busch Road.

Figure 3 shows the layout of the multi-family portion of the project in more detail. The closest residential building (Building B-2) in Village 4 is located approximately 200 feet from the PGS transfer station. The project plans show landscaping, parking spaces and drive aisle are proposed as a buffer separating commercial operations from residential uses.

Figure 3: Village 4 Layout
Building Designs
The multiple-family rental units would be provided within four, three-story buildings except for the one-story community center in Building C. The community center is intended to serve the needs of the apartment residents, and it includes a manager’s office, multi-purpose room, kitchen, laundry area, etc. In addition to the community center, Village 4 also provides an approximately 7,800 square foot outdoor open-space area with shade structures and a playground, located between Buildings A1 and A2. The design of the proposed multiple-family buildings would complement that of the single-family homes and shows California-style architecture characterized by composition shingle roof, cementitious board and batten siding, stone veneer wall with precast wall cap at the ground floor porch, vinyl window with cementitious trim, and trellis above the upper floor balconies, as shown in Figure 4 below.

Figure 4: Elevation Facing Busch Road
Inclusionary Zoning Ordinance (IZO) and Other Applicable Standards The governing standards with respect to the affordable housing component of the project are the Inclusionary Zoning Ordinance (PMC Chapter 17.44), and applicable standards of the December 2023 Objective Design Standards, and Housing Opportunity Zone District (PMC Chapter 18.38).

PMC Section 17.44.040(A) provides that for all new multi-family rental residential projects of 15 or more, at least 15 percent of the subject project’s dwelling units shall be affordable to Very Low-Income Households, and/or Low-Income Households, and that for all new for sale singlefamily home projects of 15 units or more, at least 20 percent of the subject project’s dwelling units shall be affordable to Very Low-Income Households, Low-Income Households, and/or Moderate-Income Households. Accordingly, for purposes of the 310 single-family detached market-rate units in Villages 1, 2, and 3, the 20 percent requirement triggers an obligation to provide a total of 62 inclusionary affordable units.

The requirements of the IZO are complemented by standards of the ODS with respect to specific required affordability levels and bedroom mix. A minimum of 25 percent of the inclusionary units are to be restricted at 50% of the Area Median Income (AMI) (Very LowIncome Units), 25 percent of the units at 60% AMI (Low-Income Units), and 50 percent of the units at 80% AMI (Low-Income Units). With respect to bedroom mix, 10 percent of total inclusionary units will be three-bedroom units, 45 percent of the units will be two-bedroom units, and the remaining units will be studio or one-bedroom units except no more than 10 percent of the units may be studios. The applicable zoning district (HOZ District) also includes other standards with respect to affordable housing, including location and design, generally mirroring the ODS. While the IZO generally requires the affordable units to be distributed among the market-rate units, a key provision of the HOZ is to permit clustering of the affordable units, where the inclusionary units are permitted to be in a rental apartment building or complex concentrated in an area of the project.

However, the IZO also includes provisions for alternative compliance in Section 17.44.080, as follows: “The primary emphasis of this inclusionary zoning ordinance is to achieve the inclusion of affordable housing units to be constructed in conjunction with market rate units within the same project in all new residential projects. However, the city acknowledges that it may not always be practical to require that every project satisfy its affordable housing requirement through the construction of affordable units within the project itself. Therefore, the requirements of this chapter may be satisfied by various methods other than the construction

of inclusionary units on the project site. Some examples of alternate methods of compliance appear below. As housing market conditions change, the city may need to allow alternatives to provide options to applicants to further the intent of providing affordable housing with new development projects.”
As permitted in PMC Section 17.44.080(D), the Developer is proposing an alternative method of compliance to the IZO. In particular, the Developer is proposing that the multi-family residential units would not be built concurrently with the single-family units, as typically required by the IZO, in order to ensure the tax-credit financing is secured for the construction of the multi-family units.

The total of 101 affordable units exceeds the applicable IZO requirement of 62 IZO units. The 101 affordable rental units represent an inclusionary percentage of approximately 24.51 percent, which exceeds the 20 percent IZO requirement. All the proposed 101 affordable units would be provided within Village 4, in a complex of four 3-story buildings with a community building and outdoor amenities. Except with respect to the timing for construction of the units, the proposed unit affordability, mix of unit sizes/bedroom counts, and distribution of the units complies with applicable provisions of the IZO and other City standards. In its review and approval of the overall project, the Planning Commission determined that the design of the project would comply with all applicable design and development standards, except as modified by the requested and approved waivers and concessions permitted under State Density Bonus Law.

The affordable housing component is proposed to be developed by a third-party specialized affordable housing developer, with the site deeded by the applicant to the affordable developer for that purpose. Staff notes that while not a provision of the Affordable Housing Agreement, since they represent private agreements/commitments between the applicant and affordable housing developer, in addition to conveying the site and improving it to be “shovel ready”, the applicant has indicated they would contribute $3 million to the Affordable Housing Developer to subsidize the construction of the multi-family affordable rental housing development.

Affordable Housing Agreement
To satisfy the requirements of the IZO and the related requirements of the ODS, as well as those under the SDBL, the City and Developer desire to enter into an agreement to further memorialize the Developer’s commitment to construct the affordable units, pursuant to the terms and conditions of the Project Approvals and in accordance with SDBL and the IZO. The Draft AHA is included as Exhibit A of the Resolution provided as Attachment 1. Some of the key terms in the proposed Affordable Housing Agreement (AHA) are listed below:
• The 102-unit multi-family project shall have the following bedroom mix:
1 Bedroom 2 Bedroom 3 Bedroom Total Units
Number of
Units
45 26 31 102
The affordability restrictions, as specified in the Pleasanton January 2023 Objective Design Standards (ODS) for Housing Site, shall be as follows:

• A minimum of 25 percent of the Affordable Units shall have rents set at no more than 30% of 50% of AMI (as defined below) for households with incomes up to 50% of AMI (Very Low-Income Units).
• A minimum of 25 percent of Affordable Units shall have rents set at no more than 30% of 60% of AMI for households with incomes of 51% to 60% of AMI (Low-Income Units). • A maximum of 50 percent of Affordable Units shall have rents set at no more than 30% of 80% of AMI for households with incomes of 61% to 80% of AMI (also Low-Income Units).
• The Developer may request to revise the affordability restrictions, subject to City Council approval.
• Affordable Unit rents shall be based on the following household sizes and shall not exceed one-twelfth of 30% of the applicable Area Median Income (AMI) adjusted for the household sizes listed below:

Unit Type Household Size
1-Bedroom Unit One and a half (1.5) person household
2-Bedroom Unit Three (3) person household
3-Bedroom Unit Four and a half (4.5) person household
• The Affordable Units shall be rented to qualified applicants in accordance with the City’s Preference System (provided as Attachment 2 to Exhibit A - Affordable Housing Agreement of the resolution).
• The affordability restrictions shall be in perpetuity.

Per the PMC, an Affordable Housing Agreement is required to document the proposed approach to meeting the IZO and related requirements of the ODS. In the case of this project, some aspects of the affordable housing approach deviate from the strict requirements of the IZO, particularly with respect to the phasing/timing of the provision of the units as the IZO requires that “all inclusionary units in a project shall be constructed ‘concurrently within or prior to construction of the market rate units’”. The Developer is proposing an alternative means of compliance with the IZO. The alternative phasing and timing are necessary to address the specific way these units will be constructed and built, which may include a third-party Affordable Housing Developer and use of the Lower Income Housing Tax Credit (LIHTC) program funding to support the financing and construction of the multi-family affordable rental units.

The City is agreeable to the Developer being able to proceed with site development and construction of a proportion of the single-family units in advance/non-concurrently with building permits being issued for the affordable units – doing so is a practical consideration based on the LIHTC funding application process (which happens bi-annually), phased nature of the market rate-development (where site improvements for the market-rate units will support development of the affordable units), and nature of the affordable project, which includes multiple units in each of its buildings, the timing of construction of which may not precisely

match to the phasing of the single-family project.

The AHA includes the following provisions to provide adequate assurance that, should there be delay in construction of the affordable units or they not proceed at all, the IZO’s requirements would be guaranteed to be met subject to the following:
• Developer shall deposit a “Fee Security” equaling the applicable Affordable Housing Fee per single-family unit multiplied by the number of affordable units that have not yet been constructed multiplied by five. Sample calculations are provided in the AHA. • The Fee Security shall be forfeited if Developer fails to obtain the building permits for the required number of affordable units within 12 months of City’s issuance of building permit(s) for the Market Rate Units. The Fee Security shall be refunded when the building permits for the affordable units have been obtained.

It is important to note that the applicable requirement of the IZO in place in March 2023, permit the inclusionary requirement to be satisfied by payment of in-lieu fees. Although the project proposes to construct units, collecting in-lieu fees for the market-rate units that are only released with issuance of the proportionate number of affordable building permits, provides a “backstop” for compliance.

The AHA also stipulates how the Developer shall meet its obligations under SDBL. The City and Developer have agreed to the following:
• Developer shall complete all the necessary remediation, grading, site work, and utility connections for the Affordable Housing Site where the multi-family units shall be constructed prior to transferring the Affordable Housing Site to the Affordable Housing Developer. Upon transfer of the Affordable Housing Site, the City shall issue the building permits for the first 75 single-family units.
• The City shall not issue the building permits for the 76th and/or any remaining singlefamily units unless the Developer has obtained the building permits for the affordable units, in accordance with one of the following increments:
o Building permits for a minimum of 21 affordable units for very low-income households (between 30% and 50% AM); or
o Building permits for a minimum of 42 affordable units for low-income households (between 51% and 80% AMI)
Housing Element and Regional Housing Needs Allocation (RHNA) Compliance The City’s adopted 2023 Housing Element identifies the Project site as the Kiewit Site, Area

21. Per the Housing Element, Area 21 includes two separate subareas. As illustrated in the Housing Element Appendix B - Sites Inventory and Methodology, the site is shown as having an approximately 5-acre area designated for high-density housing at 30 dwelling units per acre (du/acre) and the remainder designated at a density of 8-13 du/acre.

This project would allow the City to construct the RHNA housing units in the City’s 2023-2031 Housing Element cycle. The 310 single-family market rate units would be reported in upcoming

Annual Planning Reports as satisfying a portion of the City’s 2,313 above-moderate income RHNA units. The 101 affordable rental housing units would be reported as satisfying a portion of the City’s 2,758 very low (1,750 units) and low-income (1,008 units) RHNA units. As noted, the project exceeds the requirements of the IZO with respect to the number of affordable housing units provided.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Pursuant to CEQA, the Planning Commission reviewed and adopted a Section 15183 Consistency Checklist prepared for the Project pursuant to the City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update Environmental Impact Report (SCH# 2022040091) (Housing Element Update Final EIR or FEIR) and has considered the information contained therein, as part of its approval. The proposed affordable housing component would be within the scope of the project and the environmental analysis. Staff recommends the City Council find the CEQA Guidelines Section 15183 Consistency Checklist and Mitigation Monitoring and Reporting Program (MMRP) prepared for the Project pursuant to the City of Pleasanton Housing Element Update FEIR satisfies the requirements of CEQA and representing the independent judgment and analysis of the City of Pleasanton as lead agency for the Project.

PLANNING COMMISSION ACTION
On April 23, 2025, the Planning Commission unanimously approved the Applications for Housing Site Compliance Review (Case No. P23-0480) and Vesting Tentative Map 8680 approval pursuant to SB 330 for the construction of: a) 310 detached two-story single-family residential homes with 62 junior accessory dwelling units (JADUs); b) 102 multiple-family rental units in five, three-story buildings which include 101 affordable housing units and one manager unit; c) an approximately 2-acre park owned/maintained by the development’s Homeowners Association (HOA) with access to the general public; d) and on- and off-site improvements, and recommended the City Council approved the Affordable Housing Agreement. As noted, the Planning Commission also adopted the CEQA Section 15183 Conformance Analysis and made findings thereto.

EQUITY AND SUSTAINABILITY
The action directly implements the Housing Element, a key goal of which is to increase housing opportunities, including opportunities for housing affordable to very low- and lowincome residents – both through inclusionary requirements, and creating more opportunities for partnerships with housing developers. Approval of the proposed project would allow for the construction of 310 single-family market rate units and 101 multi-family affordable rental units which exceed the 62 IZO-required units. The site is identified as a housing opportunity site in the 6th Cycle Housing Element Update.

OUTREACH
Notice of the application was sent to the surrounding property owners and tenants within a 1,000-foot radius of the site prior to the April 23, 2025 Planning Commission meeting. The Developer also posted an on-site project notification sign pursuant to the City’s on-site project notification policy. No public comment was received at the Planning Commission meeting. The City did receive a written correspondence from the non-profit California Housing Defense Fund supporting the housing project.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton Strategic Plan goal of Building a Community Where Everyone Belongs – Strategy 6, which aims to implement the Housing Element and develop a plan to end homelessness to meet state requirements and provide opportunities for additional housing and shelter in the community. This project would add a total of 412 (310 single-family units and 102 multi-family rental units) new residential units to Pleasanton’s housing stock, all of which would provide new housing opportunities for Pleasanton and Tri-Valley residents.

FISCAL IMPACT
Approval of the Affordable Housing Agreement will implement the approval of the Villages at the Quarry residential project, including 101 affordable housing units in compliance with the City's adopted Inclusionary Zoning Ordinance. While these new residential units will increase the demand for City services, it will be offset by new property tax from the new market-rate units and overall increase in assessed value of the site and new sales tax generated by spending by the new residents; the project will also be required to pay development impact fees to offset the needs for capital improvements created by the project’s new residents.

Prepared by: Submitted by: Approved by:

Steve Hernandez, Housing
Division Program Manager
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:

1. Attachment 1 - Resolution Villages at the Quarry AHA

1 RESOLUTION NO. 25-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

APPROVING THE AFFORDABLE HOUSING AGREEMENT WITH SQUARE MILE

PLEASANTON, LLC FOR THE MULTI-FAMILY AFFORDABLE RENTAL HOUSING PROJECT AT 3300 BUSCH ROAD, PART OF THE VILLAGES AT THE QUARRY

RESIDENTIAL DEVELOPMENT
WHEREAS, Square Mile Pleasanton, LLC has made an application to the City for an Affordable Housing Agreement related to its 102-unit multi-family residential project as part of its Villages at the Quarry project on a 2.84-acre portion of the 51.37- acre site identified in the City’s adopted 2023 Housing Element as the Kiewit Site, located at 3300 Busch Road (Housing Site Compliance Review (Case No. P23-0480) and Vesting Tentative Map 8680 (“the Project”); and
WHEREAS, on April 23, 2025, the Planning Commission approved the abovereferenced applications; and reviewed and recommended approval of the Affordable Housing Agreement for the Project; and
WHEREAS, the Affordable Housing Agreement (AHA) provides that Square Mile Pleasanton, LLC shall construct the multi-family residential project consisting of 101 deed-restricted affordable units and one unrestricted staff unit for a total of the 102 multi-family rental units to be available to households with incomes at or below 80 percent (low-income) of the Area Median Income (AMI) to comply the Project’s requirements under the Inclusionary Zoning Ordinance, subject to further provisions as outlined in the AHA; and
WHEREAS, a duly noticed public hearing was held by the City Council on May 20, 2025, at which time the public was given the opportunity to comment on the Affordable Housing Agreement; and
WHEREAS, the City Council considered all the information regarding the terms of the Affordable Housing Agreement.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

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

SECTION 1. CEQA Findings. The City Council has independently reviewed and analyzed the 15183 Consistency Checklist prepared for the Project pursuant to the City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update Environmental Impact Report (SCH# 2022040091) (Housing Element Update Final EIR or FEIR) and has considered the information contained therein. The City Council finds the CEQA Guidelines Section 15183 Consistency Checklist and Mitigation Monitoring and Reporting Program (MMRP) prepared for the Project pursuant to the City of Pleasanton Housing Element Update FEIR satisfies the ATTACHMENT 1

2 requirements of CEQA and represents the independent judgment and analysis of the City of Pleasanton as lead agency for the Project.

Accordingly, the City Council makes the following findings for adoption of the 15183 Consistency Checklist and MMRP prepared for the Project pursuant to the City of Pleasanton Housing Element Update FEIR:

1. There are no new significant effects peculiar to the Project or its site;

2. There are no new significant effects that were not previously evaluated in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR;

3. There are no new significant off-site or cumulative impacts that were not analyzed in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR, and

4. There are no adverse impacts that are more severe than those previously identified in the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR.

This evaluation concludes the Project qualifies for an exemption from additional environmental review under Section 15183 because it is consistent with the development density and land use characteristics established by the City, as analyzed by the Pleasanton General Plan 2005-2025 FEIR and Housing Element Update FEIR.

SECTION 2. Findings of Conformance to Inclusionary Zoning Ordinance and Applicable Standards. The City Council finds that the proposed Affordable Housing Agreement between the City of Pleasanton and Square Mile Pleasanton, LLC is consistent with the City’s General Plan, and with all applicable requirements of the Pleasanton Municipal Code Chapter 17.44 Inclusionary Zoning as it was in place at time of submittal of the complete Preliminary Application; the December 2023 Objective Design Standards for Housing Element Sites; and Chapter 18.38: Housing Opportunity Zone District.

SECTION 3. Approves the Affordable Housing Agreement between the City of Pleasanton and Square Mile Pleasanton, LLC, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and authorizes the City Manager to execute the Affordable Housing Agreement in generally the form attached as Exhibit A, subject to minor amendments and the approval by the City Attorney.

SECTION 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on May 20, 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 20th day of May, 2025, by the following vote:

3 Ayes:

Noes:

Absent:

Abstain:
______________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________________
Daniel Sodergren, City Attorney

1 158739848.5
Recorded at the
request of and when
recorded return to:

City of Pleasanton
Office of the City Clerk
P. O. Box 520
Pleasanton, CA 94566
[This document is exempt from
recording fees Pursuant to Government
Code§ 27383 and Exempt from
Documentary Transfer Tax pursuant To
Revenue and Taxation Code§ 11922]

AFFORDABLE HOUSING AGREEMENT
(Villages at the Quarry)
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is made this day of , 2025, by the CITY OF PLEASANTON, a Municipal Corporation ("City"), and SQUARE MILE PLEASANTON, LLC, a California limited liability company (“Owner”).

RECITALS
A. Owner currently owns a legal or equitable interest in land consisting of approximately 51.37 acres located at 3300 Busch Road (APNs 946 125100704, 946 125100809 and 946 125103300) in Pleasanton, California (the "Property").

B. Owner has obtained City approval (PS 23-0480) to develop on the Property (i) a maximum of three hundred and ten (310) single-family residential units along with approximately fifty-seven (57) junior accessory dwelling units (collectively, the “Single-Family Component”) and a maximum of one hundred and one (101) affordable multi-family residential units together with one manager’s unit (collectively, the “Multi-Family Component”). The Single-Family Component and the Multi-Family Component are referred to collectively herein as the “Residential Units”.

The Residential Units, together with all related on-site and off-site improvements, including, without limitation, hardscape improvements, parking areas and landscaping improvements to the Property (all in accordance with the project approvals, the plans and specifications approved by City, and any conditions imposed by City in issuing the project approvals), constitute, collectively, the "Project."
C. Within the Property, the Multi-Family Component will be constructed by an experienced affordable housing developer (“Affordable Housing Owner”) on approximately 3.06 acres, as further described and depicted in Attachment 1 attached hereto and incorporated herein by reference (the “Affordable Housing Site”). Owner and City wish to make each Residential Unit within the Multi-Family Component (except for one manager’s unit) available to households with incomes generally at or below eighty percent (80%) (low income) of the Area Median Income (each, an “Affordable Unit” and collectively, the “Affordable Housing”) as detailed more fully herein. For the avoidance of doubt, any junior accessory dwelling units to be constructed within the Single-Family Component are intended to be “affordable by design” and are not intended to be “Affordable Housing” as such term is used in this Agreement, including for purposes of compliance with Chapter 17.44 of the City’s Municipal Code as in effect on March 1, 2023 (“Inclusionary Zoning Ordinance” or “IZO”). (;+,%,7$

2 158739848.5
D. Except as provided for in Gov’t Code Section 65589.5(o)(2), City and Owner acknowledge that Owner has vested into the provisions of the IZO in effect as of March 1, 2023 and that any subsequent changes to the IZO adopted by City shall not apply to the Project, including the amendments to the IZO adopted by City Council on December 3, 2024 pursuant to Ordinance No. 2287 Owner agrees that it is subject to the automatic annual adjustment to the Affordable Housing Fee as set forth in PMC Chapter 17.40.070, in existence on the above vesting date; for the avoidance of doubt, this means that the annual adjustment shall be based on the Consumer Price Index for San Francisco/Oakland region, and not the Engineering News Record Consumer Construction Cost Index for the San Francisco Bay Area.

E. City and Owner acknowledge and agree that it is anticipated that the Property (all or portion(s) thereof) will be conveyed to other individual(s) and/or entities for the purpose of constructing and operating the Project. This will include the conveyance of the Affordable Housing Site to an Affordable Housing Owner for purposes of constructing and operating the Affordable Units.

NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, City and Owner agree as follows:

1. Affordable Unit Provisions. The Multi-Family Component shall have one hundred and one (101) Affordable Units. Owner shall make all Affordable units available for rent to households at or below 80% of the Area Median Income as provided in Cal.

Government Code §65915 and Cal. Health & Safety Code §50053(b)(4). For the Affordable Units that receive a California Tax Credit Allocation Committee (“TCAC”) allocation for their construction, rent shall be consistent with the rent averaging requirements of TCAC. Owner will provide City with a Reservation Letter for all Affordable Units that receive a TCAC allocation. The Affordable Units shall be consistent with the following:

A. The Multi-Family Component shall have the following bedroom mix:
1-Bed 2-Bed 3-Bed Totals
# of Units 45 26 31 102
B. In addition to meeting any minimum affordability requirement specified in Sections 3(A)(2)(a) or 3(A)(2)(b) of this Agreement, pursuant to State Density Bonus Law, the Multi-Family Component shall meet the affordability restrictions specified in the City of Pleasanton’s January 2023 Objective Design Standards for Housing Site, as follows:

1. A minimum of 25 percent of the Affordable Units shall have rents set at no more than 30% of 50% of AMI (as defined below) for households with incomes up to 50% of AMI (Very Low-Income Units).

2. A minimum of 25 percent of Affordable Units shall have rents set at no more than 30% of 60% of AMI for households with incomes of 51% to 60% of AMI (Low-Income Units).

3 158739848.5

3. A maximum of 50 percent of Affordable Units shall have rents set at no more than 30% of 80% of AMI for households with incomes of 61% to 80% of AMI (also Low-Income Units).

Notwithstanding the foregoing, Owner may request to revise the foregoing mix for Affordable Units, subject to City Council approval.

C. Affordable Unit rents shall be based on the following household sizes:

Unit Type Household Size
1 Bedroom Unit One and a half (1.5)
person household
2 Bedroom Unit Three (3) person
household
3 Bedroom Unit Four and a half (4.5)
person household
D. The monthly rent for each of the Affordable Units shall not exceed: (1) for extremely low-income households, one-twelfth of 30% of the Area Median Income adjusted for the household sizes listed in Section B above multiplied by 30%; or (2) for very low-income households, one-twelfth of 50% of the Area Median Income adjusted for the household sizes listed in Section B multiplied by 30%; or (3) for low-income households, one-twelfth of 80% of the Area Median Income adjusted for the household sizes listed in Section B above multiplied by 30%. As used in this Agreement, Area Median Income or AMI shall mean the area median income for the San Francisco-Oakland-Fremont Metropolitan Statistical Area adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development (HUD) pursuant to Section 8 of the United State Housing Act of 1937 or any successor statute.

E. Rent for Affordable Units shall be based on the AMI at the time City issues Certificates of Occupancy for the subject Affordable Units and shall adjust consistent with HUD’s adjustment in the AMI. If HUD fails to issue revised Area Median Income/household income statistics for the San Francisco-OaklandFremont Metropolitan Statistical Area within 15 months of the previous revision, rents for the Affordable Units may be adjusted based on the annual percentage increase in the San Francisco-Oakland Consumer Price Index for urban wage earners and clerical workers.

F. The rents described herein shall exclude utilities that are both paid by the resident and are listed on the local public housing authority utility allowance schedule.

G. The affordability levels shall not be fixed and may change within the apartment units depending on vacancies.

H. All Affordable Units shall be rented to qualified applicants in accordance with the City’s Preference System, as may be amended, with the most current version set forth in Attachment 3, except to the extent otherwise required by federal or state law (including, without limitation, laws and regulations governing fair housing and low-income tax credits), in which case City and Owner shall mutually agree to a different process as permitted by such laws and regulations.

4 158739848.5
I. Once each year, Owner (or Owner’s successor in interest) shall provide City with a report detailing the average annual income of tenants occupying the Affordable Units for each of the income categories described in Section 1(C) above, the number of persons for each household occupying an Affordable Unit, and the number of vacancies and new rentals during the year for the Affordable Units.

J. All Affordable Units shall be subject to this Agreement for perpetuity.

K. Owner, with City consultation, shall assume all responsibility to market the Affordable Units. Marketing shall be in accordance with City eligibility and income guidelines in conformance with the City’s Preference System, unless otherwise mandated by federal or state laws (including, without limitation, laws and regulations governing fair housing and low-income tax credits), in which case City and Owner shall mutually agree to a different process as permitted by such laws and regulations. Marketing material, the form of lease, rent-up schedules, and other publicly disseminated printed materials related to the Affordable Units shall be subject to City’s approval in its reasonable discretion.

L. Owner shall accept Section 8 vouchers as a means of assisting qualified applicants/residents with Affordable Units.

2. Alternative Compliance With IZO
A. The IZO requires that “all inclusionary units in a project shall be constructed ‘concurrently within or prior to construction of the market rate units’”.

B. The IZO also permits the payment of an Affordable Housing Fee (as defined below) in lieu of constructing the inclusionary units, with such fee payable at time of issuance of building permits for the development. As used herein, (i) “Affordable Housing Fee” means the IZO in-lieu fee (under City Municipal Code section 17.44.080 (E)) in effect at the time Owner submitted the Preliminary Application for the Project, subject to any annual fee adjustments permitted under PMC section 17.40.070 (for the avoidance of doubt, the Affordable Housing Fee (taking into account applicable annual fee adjustments) in effect as of January 1, 2025 is $52,203.00 per Market Rate Unit) which amount shall be adjusted (based on the $50,480 Affordable Housing Fee plus applicable annual fee adjustments) at the time of the issuance of the building permit; and (ii) Market Rate Unit means any single-family residence in the Single-Family Component.

C. Owner is proposing an alternative means of compliance for the IZO.

Notwithstanding any provisions of the IZO to the contrary, City and Owner agree that Owner shall have the right to commence and complete construction of Market Rate Units ahead of construction of Affordable Units, subject to the following:

1. If Owner seeks building permit(s) for Market Rate Unit(s) prior to City issuing building permit(s) for the number of Affordable Units required to satisfy the resulting Affordable Units Requirement (as defined below), Owner shall deposit with City as security, concurrent with the issuance of the building permit(s) being sought for the applicable Market Rate Unit(s), the amount (“Fee

5 158739848.5
Security”) determined by multiplying (i) the Affordable Housing Fee by (ii) the Unmet Affordable Units Requirement multiplied by five. As used herein, (A) “Affordable Units Requirement” means the number equal to 20% of the total number of Market Rate Units for which building permits have been issued by City as of a given time (with any decimal fraction less than or equal to 0.50 disregarded and any decimal fraction greater than 0.50 rounded up to 1.0) and (B) “Unmet Affordable Units Requirement” means (i) the Affordable Units Requirement as of a given time less (ii) the number of Affordable Units for which building permits have been issued by City as of the same time (for the avoidance of doubt, if the difference obtained from such calculation is negative, then the Unmet Affordable Units Requirement shall be zero for purposes hereof).

The following table describes how this calculation methodology would work in a range of possible sample payments of $52,203 per Market Rate Unit over the life of the Project:

Total Market
Rate Units
with Building
Permits
40 40 40 43 75 310
Affordable
Units
Requirement
8 8 8 8.6
rounded
up to 9
15 62
Total
Affordable
Units with
Building
Permits
0 6 12 6 11 30
Unmet
Affordable
Units
Requirement
8-0=8 8-6=2 8-12=0 9-6=3 15-11=4 62-
30=32
Fee Security 8*5*
$52,203=
$2,088,120
2*5*
$52,203=
$522,030
0*5*
$52,203=
$0
3*5*
$52,203=
$783,045
4*5*
$52,203=
$469,827
32*5*
$52,203=
$8,352,480

2. City shall hold any Fee Security received from Owner in a segregated interest-bearing escrow account. Owner shall forfeit any Fee Security held by City if Owner fails to obtain building permits for the number of Affordable Units sufficient to satisfy the Unmet Affordable Units Requirement within 12 months of City’s issuance of building permit(s) for the Market Rate Units related thereto, unless an extension is granted by the City, with approval by the City Manager. Prior to the expiration of any such 12 months period, Owner may request an extension for an additional six months, which City shall have sole discretion to grant (provided, however, City shall not unreasonably deny any such extension request if Owner provides evidence that Owner (or Affordable Housing Owner) is actively and diligently working to secure the building permit(s) required to satisfy the applicable Unmet Affordable Units Requirement).

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D. Owner has the following options, when the number of Affordable Units for which building permits have been issued exceeds the Affordable Units Requirement:

1. Owner may request a refund of any excess Fee Security being held by City; or

2. Owner may allow City to continue to hold the Fee Security, which may then be used by Owner as a credit against any Affordable Housing Fees that may be required for a future phase of the Project.

E. Once Certificates of Occupancy have been issued for at least sixty-two (62) Affordable Units, City’s IZO requirement shall be deemed to have been fully satisfied, and any remaining Fee Security held by City shall be refunded to Owner and with ten (10) business days thereof.

F. City and Owner agree that in the event of a conflict between the terms of this Agreement and the IZO, the terms of this Agreement shall prevail.

3. Compliance With State Density Bonus Law (“SDBL”)
A. Owner and City agree that Owner’s compliance with the terms of this Section 3 of this Agreement (including the phasing of the Affordable Units described herein) shall constitute satisfaction of Owner’s obligation under SDBL. In furtherance thereof, City and Owner also agree as follows:

1. Owner shall achieve Substantial Completion (as defined below) of all necessary remediation, grading, site work, and utility connections for the Affordable Housing Site prior to transferring the Affordable Housing Site to the Affordable Housing Owner. As used herein, “Substantial Completion” means the required work has been completed and finally inspected by City.

Upon transfer of the Affordable Housing Site, City shall issue building permits for the first 75 Market Rate Units, as and when requested by Owner.

2. City shall not issue the 76th and/or any remaining Market Rate Units unless Owner (or Affordable Housing Owner) has obtained building permits for Affordable Units, in accordance with one of the following increments:
a. Building permits for a minimum of twenty-one (21) Affordable Units for very low-income households (between 30% and 50% AMI); or b. Building permits for a minimum of forty-two (42) Affordable Units for low-income households (between 51% and 80% AMI).

3. At such time as (i) Owner has transferred the Affordable Housing Site to the Affordable Housing Owner, and (ii) Owner has complied with the building permit obligations in either subsection (A)(2)(a) or subsection (A)(2)(b) above, then the Project’s SDBL requirements shall be deemed fully satisfied.

7 158739848.5

4. Affordable Housing Owner.

A. Assignment of Obligations. The parties acknowledge and agree that the MultiFamily Component, including all Affordable Units located therein, will be owned, managed and operated by the Affordable Housing Owner. Owner shall have the right, in its sole discretion, to assign all rights and obligations hereunder (including, without limitation, all of Section 1 of this Agreement) to the Affordable Housing Owner in connection with the conveyance of the Affordable Housing Site pursuant to Section 5 below without obtaining City’s consent and upon any such assignment, all such rights and obligations so assumed shall thereupon become those of the Affordable Housing Owner hereunder for all purposes of this Agreement.

5. Successors and Assigns.

A. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators and assigns.

B. Consistent with Section 4 above, Owner shall have the right to transfer and assign all of its rights, duties and obligations under this Agreement to any person or entity, including, without limitation, Affordable Housing Owner (“Transferee”), acquiring fee simple title to any portion of the Property. Owner shall be immediately released from its obligations under this Agreement upon such assignment at such time as (i) Owner provides to City a copy of a fully executed written assumption agreement in which: (1) the name and address of the Transferee is set forth, and (2) the Transferee expressly assumes the relevant obligations of Owner under this Agreement. Failure to deliver a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of any Transferee pursuant to the provisions of this Agreement.

Nothing herein contained shall be deemed to grant to City discretion to approve or deny any such transfer.

6. No Third Party Beneficiaries. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

7. Default / Cure. If Owner fails to perform an obligation hereunder, and such failure continues for thirty (30) days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Owner shall be in default hereunder and the City’s sole remedy hereunder shall be to pursue an action for specific performance against Owner.

8. Notices. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, or sent by prepaid registered or certified mail with return receipt requested, or sent by email and shall be deemed to have been given on: (1) receipt or refusal of receipt, if delivered by hand; (b) one (1) business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by email if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided

8 158739848.5
that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All references to “business days” herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section):

If to the City, at:

City of Pleasanton
Attention: City Manager
P.O. Box 520
Pleasanton, CA 94566
Email: [_______________]
If to the Owner, at:

Square Mile Pleasanton, LLC
c/o Seefried Industrial Properties, Inc.

Attention: Jason Quintel
2201 East Camelback Road, Suite 222
Phoenix, AZ 85016
Email: [email protected]
With a copy to:

GVR Partners, LLP
Attention: Nadia Costa
345 California Street, Suite 700
San Francisco, CA 94104
Email:[email protected]

9. Enforceability of Affordability Restrictions. Notwithstanding anything to the contrary in this Agreement, the restrictions relating to affordability set forth in this Agreement shall be enforceable solely by the City and not by, or on behalf of, any tenant of the Project.

10. Counterparts. This Agreement may be executed in counterparts, and when all counterpart documents are executed, the counterparts shall constitute a single binding agreement.

11. Recordation. This Agreement shall be recorded in Alameda County and shall run with the Affordable Housing Site.

THIS AGREEMENT is executed as of the date and year first above written. [Signatures on following page.]

9 158739848.5
CITY:

CITY OF PLEASANTON, a Municipal Corporation
By:

Gerry Beaudin, City Manager
ATTEST:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney
Owner:

SQUARE MILE PLEASANTON, LLC,
a California limited liability company
By: _______________________
_______________________
By:

Title:

Attachments:

1. Legal Description and Depiction of the Affordable Housing Site

2. City of Pleasanton’s Preference System

158739848.5
Attachment 1

LEGAL DESCRIPTION AND DEPICTION OF AFFORDABLE HOUSING SITE [TO BE ATTACHED]

158739848.5
Attachment 2
CITY’S PREFERENCE SYSTEM
(Adopted January 19, 2021)
Preference System for City-Assisted Affordable Housing Projects Section 1. Council adopts this revised City preference system described herein to be used for determining eligibility among prospective beneficiaries for existing and future affordable housing projects assisted by the City.1
Section 2. Affordable units will be made available to qualified households based upon the preference categories listed below. The City may modify the preference categories from time to time by giving written notice to Lessor/Owner of such modifications, and Lessor/Owner shall adhere to such preference categories starting no later than ten (10) days following receipt of such notice. Each preference category is assigned a specific number of points as noted below.

At the time of application, each applicant household will be assigned to one preference category and a corresponding point allocation in accordance to the criteria listed below.

Households with the highest number of points will be given first priority for the affordable units.

In the event there is more than one household with the same amount of points, which is likely, a lottery will be held at which time names of households with an equal number of preference points will be randomly drawn and assigned priority.

Section 3. The criteria for preference categories and corresponding point allocations are as follows:
20 POINTS
Households where at least one of the signators of the tenant lease or purchase agreement (and who is a member of the household) is a Pleasanton resident and a Pleasanton employee at the time of application and has continuously lived and worked in the City of Pleasanton for two years or more prior to the time of application. 18 POINTS
Households where at least one of the signators of the tenant lease or purchase agreement (and who is a member of the household) is a Pleasanton resident and a Pleasanton employee at the time of application and has continuously lived and worked in the City of Pleasanton less than two years prior to the time of application. 16 POINTS
Households where at least one of the signators of the tenant lease or purchase agreement (and who is a member of the household) is either a Pleasanton resident or a Pleasanton employee at the time of application and has continuously lived or worked in the City of Pleasanton for two years or more prior to the time of application. 1 A project assisted by the City may include, but is not limited to, a project which: (a) has inclusionary units subject to the requirements of the Pleasanton Municipal Code (PMC) Chapter 17.44; (b) receives grants or loans of affordable housing fees pursuant to PMC Chapter 17.40; (c) receive waivers or reductions of development impact fees; or (d) is subject to an affordable housing agreement or development agreement which provides for affordable units.

158739848.5
14 POINTS
Households where at least one member of the signators of the tenant lease or purchase agreement (and who is a member of the household) is either a Pleasanton resident or a Pleasanton employee at the time of application and has continuously lived or worked in the City of Pleasanton less than two years prior to the time of application. 12 POINTS
Households where at least one member of the signators of the tenant lease or purchase agreement (and who is a member of the household) has an immediate relative (defined as a son, daughter, brother sister, and/or parent) who is a Pleasanton resident at the time of application, provided the immediate relative has lived in the City of Pleasanton for at least two years prior to the time of application. 10 POINTS
All other households.

Section 4. In addition to the above points, one (1) bonus point will be given to households which meet one or more of the following criteria:
a) single parent head of household;
b) disabled person as defined herein;
c) households in which at least one of the signators of the tenant lease or purchase agreement has been a Pleasanton resident for seven continuous years or longer prior to the time of application.

A maximum of one (1) bonus point may be awarded to any one household.

Section 5. In addition to the above points, a maximum of one (1) additional point will be given to households where at least one of the signators of the tenant lease or purchase agreement is:
a) An employee (sworn or civilian personnel) of the Pleasanton Police Department, Livermore-Pleasanton Fire Department, or other first responder2 who primarily works in Pleasanton.
b) Pleasanton Unified School District or private school employees, including teachers, providing prekindergarten through 12th grade education that are registered with the Alameda County Superintendent of Public Education per Cal.

Education Code section 33190 and are located in Pleasanton. c) Public employees of city or county governments.
d) Employees of not-for-profit agencies granted tax-exempt status by the IRS that provide social services (including, but not limited to, food subsidies, health care, job training, subsidized housing, adoption, support for persons with disabilities, school readiness, etc.) from a Pleasanton location.
2 "First Responder" is defined as a person with specialized training who is among the first to arrive and provide assistance at the scene of an emergency, such as an accident, natural disaster or terrorism. First responders include, but are not limited to, law enforcement officers, paramedics, emergency medical technicians (EMTs) and firefighters.

158739848.5
e) Employees of not-for-profit agencies granted tax-exempt status by the IRS that provide social services (including, but not limited to, food subsidies, health care, job training, subsidized housing, adoption, support for persons with disabilities, school readiness, etc.) from a Pleasanton location.
f) To qualify for the maximum one (1) point for the employment categories described in this Section 5, the signator must be both: (a) currently employed at such position at the time of application; and (b) have been continuously employed in such position for at least six (6) months prior to the date of application.

Section 6. For persons who are retired at the time of application, the applicant's work history immediately prior to the date of retirement shall be considered in determining the length of employment in Pleasanton for the first four point categories listed above.

Section 7. For persons who moved away from the City of Pleasanton less than six months prior to the time of application and who resided in the City of Pleasanton continuously for at least ten (10) years immediately prior to moving away, the residency history prior to the date of moving away shall be considered in determining the length of residency in the first four point categories listed above.

Section 8. “Pleasanton Resident” is defined as a person or household who resides permanently and continuously at a residential address which is physically located within the then current incorporated area of the City of Pleasanton and where that location is considered to be the household's permanent place of residence. The City may require applicants to submit a driver's license, voter registration, utility bill, or other evidence as proof of residency in Pleasanton. “Pleasanton employee” is defined as a person who is permanently and continuously employed on at least a half-time basis (i.e., 20 or more hours per week) at a business which is physically located within the then current incorporated area of the City of Pleasanton. The City may require applicants to submit pay stubs, W-2 forms, tax returns, or other evidence as proof of employment at a Pleasanton business.

Section 9. “Disabled Person” is defined as a head of household who has a medically documented permanent physical or mental impairment which prevents them from maintaining full time regular employment. Any individual claiming Disabled Person status must submit verification from a licensed doctor of the disability and its effect on the ability to maintain fulltime employment. A Disabled Person shall be assigned a number of points as if the person was employed regardless of the Disabled Person's employment status plus one bonus point. If an individual has a disability that substantially limits one or more major life activities and has a medical record of such impairment, but the disability does not prevent the ability to maintain fulltime regular employment the individual shall be assigned the appropriate number of points as detailed in Section 3 above plus one bonus point as detailed in Section 4 above.

Examples of a disability include limitations on caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, or working

Item #8

CITY COUNCIL AGENDA REPORT
May 20, 2025
Community Development
TITLE: ADOPT A RESOLUTION AFFIRMING THE CITY’S COMMITMENT TO TAKE

STEPS TOWARD ACHIEVING COMPLIANCE WITH THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC'S) TRANSIT-ORIENTED

COMMUNITIES (TOC) POLICY AS A CONDITION FOR MTC TO ALLOCATE

REGIONAL DISCRETIONARY FUNDING UNDER THE TOC PLANNING AND

IMPLEMENTATION GRANTS PROGRAM

SUMMARY
In September 2022, MTC-ABAG adopted a new Transit-Oriented Communities (TOC) policy, generally applicable to areas within one half-mile of transit stops and stations, and addressing areas such as development density, housing policies/programs, and station area mobility.

While conformance to the policy is voluntary, the program is tied to significant near- and longer-term planning and infrastructure grant funding administered by MTC-ABAG. Most significantly, the policy will inform future grant-funding allocations to Pleasanton through the One Bay Area Grant (OBAG) program, starting with the 4th cycle (OBAG 4) of funding in 2026.

In the more near-term, it is tied to forthcoming allocations of regional funds (specifically Regional Measure 3 (RM-3) funds) for projects involving new transit stations – this includes the future Valley Link intermodal station at the east Dublin/Pleasanton BART Station.

Related, the City’s Housing Element designates the east Dublin/Pleasanton BART Station as a Housing Element site, and the City has committed to taking concrete steps to advance redevelopment of the 14.9-acre station property. In 2024, the City applied for and was awarded a $250,000 planning grant under MTC-ABAG’s Priority Sites program, to fund development of a concept plan and other efforts toward site redevelopment, in partnership with BART.

Strategies to effectively address parking management and multi-modal access for the area around the BART station will be critical to the success of the project and dovetail with several of the TOC Policy’s objectives.

With the TOC policy as a cornerstone of MTC-ABAG’s regional planning and policy frameworks, the agency is supporting efforts by local jurisdictions toward TOC policy compliance, through a planning technical assistance grant program. The City applied for and has been awarded an additional $300,000 Technical Assistance grant to support the development of parking management and station access plans, which will both support progress toward implementation of the TOC Policy and augment planning for the BART property. Long-term, full or partial compliance with the TOC Policy will open opportunities for receipt of OBAG 4 funding, including grant funding to support infrastructure, planning and other beneficial investments around major transit stops, including the BART station.

As a condition of accepting the $300,000 Technical Assistance grant funds, the City is required to adopt a Resolution of Local Support, which affirms the City’s commitment to taking steps towards TOC Policy Compliance.

RECOMMENDATION
Adopt a resolution affirming the City’s commitment to take steps toward achieving compliance with the Metropolitan Transportation Commission’s (MTC's) Transit-Oriented Communities (TOC) Policy as a condition for MTC to allocate regional discretionary funding under the TOC Planning and Implementation Grants Program.

BACKGROUND
The requested resolution of local support (Attachment 1) is required for the City to receive a requested $300,000 in grant funds from MTC-ABAG, which will fund work to develop and implement strategies for parking management and station access around the east Dublin/Pleasanton BART Station. As outlined below, these strategies are supportive of efforts toward compliance with the MTC-ABAG’s Transit-Oriented Communities (TOC) Policy, which benefits eligibility for local and regional planning, infrastructure and transportation funding (OBAG 4 and Regional Measure 3), and to plan for and implement redevelopment of the BART station property, consistent with the 6th Cycle Housing Element.

TOC Policy and Relationship to Local Projects and Plans MTC-ABAG’s TOC policy, adopted in 2022, derives from its recent regional land use and transportation plan, known as Plan Bay Area 2050 (PBA 2050). The policy is intended to support the region’s transit investments and broader environmental, sustainable development, housing, and transportation objectives by increasing housing and employment opportunities near transit. As a regional agency, MTC-ABAG does not have local land use authority over its member jurisdictions, but can incentivize local jurisdictions to meet its regional policy objectives through the discretionary regional transportation and other funding it controls.

One Bay Area Grant (OBAG) Program
The most significant program to be tied to future TOC Policy compliance is the One Bay Area Grant (OBAG) program. The program, which has existed since 2012, supports the implementation of Plan Bay Area by directing funding to regional priority programs: prioritizing funding for transit adjacent areas, rewarding housing production, and providing a flexible funding program to support a broad range of transportation projects. As a practical matter, the OBAG program is administered by the various Bay Area counties’ transportation agencies, in Alameda County, Alameda CTC.

The OBAG program is currently in its third round of funding (OBAG 3). Starting in 2026, with OBAG 4, the program will be re-oriented to align with the TOC policy, with eligibility for discretionary funding and competitive grants relying on compliance with the adopted TOC Policy. OBAG 3 provided a total of $375 million over its four-year cycle, funding a range of projects throughout the region.

In the past, the City has not aggressively pursued competitive OBAG grant funding, but did receive both OBAG 1 ($832,000) and OBAG 2 ($1,095,000) funding for roadway resurfacing projects. The City did not have an allocation of OBAG 3 funds as part of Alameda CTC’s combined call for projects, and instead funded these projects through Measure BB, since they were better matched with that funding source.

Although local jurisdictions’ compliance with the TOC policy with respect to OBAG 4 funding

eligibility is voluntary, it will be beneficial for the City to have access to these funds to the extent possible, particularly as the City’s local funds are more constrained, and, with other jurisdictions also facing budget challenges, likely increased competition for County and regional funds.

Regional Measure 3/Funding for Valley Link
In addition to future OBAG 4 funding eligibility, MTC-ABAG has determined that, in the near term, allocation of regional funding, specifically funding under RM-3 for new/future major transit stations part of the regional transportation network, should also be tied to commitments around progressive compliance to the TOC Policy. The new Valley Link intermodal connection/station at the east Dublin/ Pleasanton BART station in Pleasanton is one such station. MTC-ABAG has provided notification that an indication of commitment toward TOC Policy Compliance will need to be made by Pleasanton, Dublin and Livermore to support the next requested round of Valley Link RM-3 funding in 2025. (Dublin and Pleasanton “share” the east Dublin/Pleasanton intermodal station, and Livermore will have Valley Link stations in the Isabel neighborhood and Southfront Road).

Dublin/Pleasanton BART Station Site Redevelopment
The east Dublin/Pleasanton BART station has been included as a potential housing site in the City’s Housing Element since 2012. AB 2923, signed into law in 2018, establishes certain minimum densities and other standards for BART-owned properties to encourage housing on these sites, and BART’s policies strongly support the re-development of these properties for housing and more intensive mixed-use development. The 6th Cycle Housing Element continues to designate the east Dublin/Pleasanton BART Station as a housing site, and the City has committed to taking concrete steps - as a Housing Element program - to advance redevelopment of the 14.9-acre station property.

Accordingly, in 2024, the City applied for and was awarded a $250,000 planning grant under MTC-ABAG’s Priority Sites program, to help fund development of a concept plan and other efforts toward this goal, in partnership with BART. Strategies and programs to effectively address parking management and multi-modal access for the half-mile radius around the BART station will be critical to the success of the project and also dovetails with several of the TOC Policy’s objectives.

Transit-Oriented Communities Planning and Implementation Grant Funds In light of the above-referenced programs and planning efforts, the City applied for two MTCABAG Technical Assistance planning grants, intended to support cities moving toward compliance with the TOC Policy. The grants, each for $150,000 will specifically support development of parking management and station access plans in the vicinity of the east Dublin-Pleasanton BART station. One of the stipulations of receiving the grants awarded by MTC-ABAG is to affirm intent to take steps toward compliance of the TOC Policy, through adoption of a resolution of local support. Attachment 1 includes the draft resolution, with its content following a template provided by MTC-ABAG.

DISCUSSION
TOC Policy Outline and Compliance
Within Pleasanton, the TOC policy conceptually applies to areas within one half-mile of the two BART stations and the ACE train station, with the stations classified into tiers based on transit