Pleasanton City Council
July 7, 2026

CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 7, 2026
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.

To submit written public comment regarding an open session item on this meeting agenda visit https://onlineforms.cityofpleasantonca.gov/260426338382054. Written comments will be accepted by the City Clerk’s Office until 12:00 p.m. on the day of the Council meeting and distributed to the City Council. After 12:00 p.m., comments must be provided at the meeting.

Public participation
Speak In Person: It is requested that members of the public wishing to address the City Council submit a speaker card to the City Clerk at the meeting. When public comment is opened on an agenda item, individuals may speak once per agenda item. When your name is called, please provide comment at the podium.

Speak Remotely:
• Join the meeting using this URL: https://cityofpleasanton.zoom.us/j/85145185146 • Join by phone: +1 669 444 9171
• Webinar ID: 851 4518 5146
Use the "raise hand" function once public comment is opened on an item. You will be unmuted when your name is called and you will be re-muted after the allotted time. To raise your hand, click the "raise your hand" button or *9 on your telephone. To unmute your phone, press *6.

CALL TO ORDER
• Welcome and Pledge of Allegiance - Cm. Nibert
• Roll Call
Resolution No. 2026-054
Ordinance No. 2308

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 Council Agenda Page 2 of 3 July 7, 2026

Police

1. Adopt a resolution authorizing application to the State of California Office of Traffic Safety's Selective Traffic Enforcement Program Grant in the amount of $83,956 and approve a budget amendment in the Miscellaneous Operating Grants Fund if awarded

2. Adopt a resolution accepting grant funding from the California Highway Patrol Cannabis Tax Fund Grant Program in the amount of $81,071 and approve budget amendments in the Miscellaneous Operating Grants Fund

3. Approve a City-sponsored street closure on second street between Kottinger Drive and Abbie Street for Halloween on October 31, 2026

Public Works

4. Authorize the City Manager to execute an agreement with Zone 7 Water Agency for municipal and industrial water supply

5. Receive an update on annual review of the City's Sewer System Management Plan for calendar year 2025

6. Authorize the City Manager to enter into Professional Services Agreements with Zoon Engineering, Consor North America, Inc., and 4Leaf, Inc. for On-Call Construction Management and Inspection Services, each in an amount not to exceed $333,333 for a three-year term, with options for two one-year extensions

7. Accept public improvements performed by O'Grady Paving Inc., for the Annual Resurfacing and Reconstruction Project, CIP No. 25503, and approve budget amendments

MEETING OPEN TO THE PUBLIC

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

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

9. Adopt a resolution ordering the submission to the qualified electors of the City of Pleasanton a measure to approve a Uniform Transient Occupancy Tax increase; requesting that the Alameda County Board of Supervisors permit consolidation of the measure and related materials with the general municipal election to be held on November 3, 2026; directing the City Attorney to prepare an impartial analysis; and provide direction on written ballot arguments

City Council Agenda Page 3 of 3 July 7, 2026

10. Continued from June 16, 2026 - Review an application for Sign Design Review to rebrand an existing 76 Gas Station and Circle K Market to Shell Gasoline and FastFill Market located at 4191 First Street, filed as Case No. P25-0300

11. Continued from June 16, 2026 - Authorize the City Manager to enter into agreements with Core & Main LP for the water meter Advanced Metering Infrastructure (AMI) Replacement Project in an amount not to exceed $10,262,257 for capital expenditures and $2,514,096 for operation services, and authorize a five percent aggregate contingency for Project implementation

MATTERS INITIATED BY COUNCIL

COUNCIL REPORTS
Brief reports on conferences, seminars, and meetings attended by the Council

CITY MANAGER UPDATES

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 provides reasonable accommodations for persons with disabilities to participate in public meetings. To make a request for a disability-related modification or accommodation, please contact the City Clerk’s Office at 123 Main Street, Pleasanton, CA 94566 or (925) 931-5027 at least two business days prior to the meeting date.

Item #1

CITY COUNCIL AGENDA REPORT

July 7, 2026
Police

TITLE: ADOPT A RESOLUTION AUTHORIZING APPLICATION TO THE STATE OF

CALIFORNIA OFFICE OF TRAFFIC SAFETY'S SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $83,956 AND

APPROVE A BUDGET AMENDMENT IN THE MISCELLANEOUS OPERATING

GRANTS FUND IF AWARDED

SUMMARY
The State of California Office of Traffic Safety (OTS) sponsors several grant programs to improve the safety of the state’s streets and highways. The City seeks authorization to apply for the Selective Traffic Enforcement Program (STEP) grant program to address unsafe driving issues in the community. Awarded funds would be available from October 1, 2026, through September 30, 2027.

RECOMMENDATION
Adopt a resolution to authorize the submittal of an application for the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant for $83,956 and authorize the City Manager to execute all documents, and appropriate $62,967 in grant revenues and corresponding expenditures in the Miscellaneous Operating Grants Fund (Fund 116) in fiscal year (FY) 2026-27 if the grant is approved. The remaining $20,989 will be included in the FY 2027-28 budget.

BACKGROUND
Pleasanton is bordered on three sides by two major freeways and one highway, all of which are heavily traveled thoroughfares. The volume of cut-through traffic within the City increases significantly when the highways experience long delays due to collisions or traffic. These conditions create many challenges, which culminate in an increase in injury collisions; two of the most significant issues are noted below.

Distracted Driving
Advancements in mobile technology are leading drivers to use their phones more frequently.

This mobile communication dependency contributes to distracted driving. When drivers are distracted by their phones or other electronic devices, they may run red lights, illegally turn in front of vehicles, or unknowingly increase the speed of the vehicle.

Bicycle Safety
The topography and amenities in Pleasanton attract many local and out-of-town bicycle enthusiasts. Additionally, a significant number of school-age children ride bicycles to elementary schools and junior high schools. Bicycle collision data involving youths suggests a need to increase rider safety by educating youth on bicycle safety and awareness, and the

importance of wearing a properly fitted helmet.

The Police Department participates with surrounding police departments in a collaborative effort to address current traffic safety trends in each city, referred to as the Concentrated Intensive Traffic Enforcement (CITE) team. Participating motorcycle officers saturate the hosting agencies jurisdiction and address primary collision factors, in an effort to reduce collisions.

DISCUSSION
The California Office of Traffic Safety Selective Traffic Enforcement Program (OTS STEP) grant application, included as Attachment 1, focuses on a comprehensive approach to enforce and encourage compliance with seat belt use, impaired driving, speed limit, and other traffic laws to reduce collisions. The City will use grant funding to augment Police Department enforcement to lower the number of injury collisions and bicycle/pedestrian collisions, and to reduce distracted driving by focusing on roadway violations. The grant funding will support educational programs focused on bicycle/pedestrian safety for school-aged bicyclists.

The City will communicate with the community via social and local media, signboards, and the City’s website to increase awareness of specific traffic-related issues contributing to collisions.

The City will also use the grant funding to train more officers in techniques and equipment to help reduce the number of injury collisions in the city.

EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all members of the community.

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

STRATEGIC PLAN ALIGNMENT
This action is aligned with the ONE Pleasanton Strategic Plan goals of Funding Our Future, which supports financial health and sound fiscal policies through long-term planning, cost recovery, increased revenue, and cost containment, and Safeguarding Our City, which prioritizes community safety.

FISCAL IMPACT
The OTS STEP grant will provide funding to augment the City’s expenditures through enforcement operations for the enforcement of persons driving under the influence and focusing on primary collision factors. This grant may be used to fund overtime, benefits, and training, thereby reducing General Fund expenditures. No City matching funds are required to accept this grant award. If awarded, $62,967 in grant revenues and corresponding expenditures will be appropriated in the Miscellaneous Operating Grants Fund in FY 2026-27. The remaining $20,989 will be included in the FY 2027-28 budget.

Prepared by: Submitted by: Approved by:

Heather DeQuincy,
Management Analyst
Tracy Avelar, Police Chief

Joe Calabrigo, Interim
City Manager

Attachments:

1. Attachment 1 - Grant Application - STEP Grant

2. Attachment 2 - Resolution - OTS STEP Grant

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

ATTACHMENT 2
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY’S SELECTIVE TRAFFIC ENFORCEMENT PROGRAM IN THE AMOUNT OF $83,956

WHEREAS, the State of California Office of Traffic Safety (OTS) is administering the 2027 Selective Traffic Enforcement Program (STEP) that offers grant funds to reimburse law enforcement agencies for overtime expenditures specifically directed towards traffic safety; and

WHEREAS, the City of Pleasanton is seeking $83,956 from the OTS STEP grant to conduct Driving Under the Influence saturation patrols, traffic enforcement operations, distracted driving enforcement, motorcycle safety programs, pedestrian and bicycle safety programs, and public education on an overtime basis between October 1, 2026, and September 30, 2027; and

WHEREAS, best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors; and

WHEREAS, the City of Pleasanton procedures require the City Council’s approval for all grant applications and funding agreements.

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

SECTION 1: Approves the filing of an application with the OTS STEP grant; and

SECTION 2: Authorizes the City Manager, or designee, to execute all necessary documents required by the OTS STEP grant program;

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 7, 2026.

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 7th day of July 2026, by the following vote:

Ayes: Councilmembers
Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

______________________________
Daniel Sodergren, City Attorney

Item #2

CITY COUNCIL AGENDA REPORT

July 7, 2026
Police

TITLE: ADOPT A RESOLUTION ACCEPTING GRANT FUNDING FROM THE

CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM IN THE AMOUNT OF $81,071 AND APPROVE BUDGET AMENDMENTS IN THE

MISCELLANEOUS OPERATING GRANTS FUND

SUMMARY
The State of California, California Highway Patrol (CHP) sponsors the Cannabis Tax Fund Grant Program (CTFGP) to reduce impaired driving and increase the safety of the state’s streets and highways. The City seeks authorization to accept CTFGP funds to address unsafe driving issues in the community. Awarded funds would be available from July 1, 2026, through June 30, 2027.

RECOMMENDATION
Adopt a resolution to authorize the acceptance of the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) for $81,071 and authorize the City Manager to execute all documents and approve the budget amendment in the Operating Grants Fund.

BACKGROUND
The State of California Cannabis Tax Fund Grant Program (CTFGP) provides funding to augment current activities and programs that address impaired driving. The California State Controller’s Office appropriates the funding through Proposition 64, the Control, Regulate and Tax Adult Use Marijuana Act. The City has not previously received CTFGP grant funding.

The grant will allow the City to implement an Impaired Driving Education and Enforcement Program to address increased cannabis-impaired driving incidents. Through specialized training, community outreach, and the acquisition of necessary equipment, the City aims to improve its ability to effectively identify and apprehend impaired drivers. Funds will support officer training, public education campaigns, and enforcement efforts, including purchasing equipment to aid driving under the influence (DUI) investigations and prosecutions.

DISCUSSION
The State of California CTFGP grant application, included as Attachment 1, focuses on enhanced enforcement and supporting equipment acquisition.

The program aims to reduce DUI driving and DUI-related collisions during the grant period. To achieve these goals, the City will host one DUI checkpoint and support the purchase of enhanced enforcement resources, including lights and Preliminary Alcohol Screening (PAS) devices for the DUI checkpoint.

By strengthening training, increasing enforcement capacity, and enhancing public education, the City aims to improve roadway safety and reduce cannabis-related impaired driving.

EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all members of the community.

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

STRATEGIC PLAN ALIGNMENT
This action is aligned with the ONE Pleasanton Strategic Plan goals of Funding Our Future, which supports financial health and sound fiscal policies through long-term planning, cost recovery, increased revenue, and cost containment, and Safeguarding Our City, which prioritizes community safety.

FISCAL IMPACT
The CHP CTFGP will provide funding to augment the City’s expenditures for the enforcement of people driving under the influence. This grant will fund equipment, thereby reducing General Fund expenditures. No City matching funds are required to accept this grant award. Awarded grant revenues and corresponding expenditures will be appropriated in the Miscellaneous Operating Grants Fund (Fund 116) in FY 2026-27.

Prepared by: Submitted by: Approved by:

Heather DeQuincy,
Management Analyst
Tracy Avelar, Police Chief

Joe Calabrigo, Interim
City Manager

Attachments:

1. Attachment 1 - CTFGP Grant Application

2. Attachment 2 - Resolution - CTFGP Grant

Pleasanton Police Department
Prepared by Pleasanton Police Department
for California Highway Patrol (CHP) Law Enforcement: Small and Mid-Size Organizations/Agencies FY 2026/2027 Submitted by Chris Niederhaus
Submitted on 02/19/2026 1:48 PM Pacific Standard Time
Attachment 1

Opportunity Details
Opportunity Information
Title
Law Enforcement: Small and Mid-Size Organizations/Agencies FY 2026/2027 Description
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

Awarding Agency Name
California Highway Patrol
Agency Contact Name
Cannabis Grants Unit (CGU)
Agency Contact Phone
916-843-4360
Agency Contact Email
[email protected]
Fund Activity Categories
Education, Law, Justice and Legal Services
Manager
Cannabis Grants Unit (CGU)
Opportunity Posted Date
1/7/2026
Public Link
https://www.gotomygrants.com/Public/Opportunities/Details/b8803dd1-6173-4b9a-9057-ebac0b94c8fd Is Published
Yes
Funding Information
Opportunity Funding
$13,000,000.00
Funding Sources
State
Funding Source Description
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).

Funding Restrictions
State Agencies/Departments, please refer to Section 34019 (f)(3)(B) RTC and California Code of Regulations, Title 13,

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Division 2, Chapter 13, for additional information.

Award Information
Award Range
$500,000.00 Ceiling
Award Period
07/01/2026 - 06/30/2027
Award Type
Competitive
Indirect Costs Allowed
No
Matching Requirement
No
Submission Information
Submission Window
01/07/2026 8:00 AM - 02/23/2026 5:00 PM
Submission Timeline Type
One Time
Submission Timeline Additional Information
GRANT APPLICATIONS ARE DUE FEBRUARY 23, 2026, BY 5:00 PM PST.

Grant Applicants are advised to ask submittal questions well before the deadline. The Cannabis Grants Unit (CGU) cannot guarantee an immediate response and the Grant Management System (GMS) will automatically close at 5:00 PM PST. Once a Grant Application is submitted through the GMS, Grant Applicants may not add, edit, or delete any Grant Application information.

Question Submission Information
Question Submission Open Date
01/07/2026 8:00 AM
Question Submission Close Date
02/23/2026 5:00 PM
Question Submission Email Address
[email protected]
Question Submission Additional Information
GRANT APPLICATIONS ARE DUE FEBRUARY 23, 2026, BY 5:00 PM PST.

CGU Office Hours:

Monday through Friday
8:00 am to 5:00 pm
Attachments
FY26-27 RFA - Law Enforcement Small and Mid-Size
FY26-27 Grant Application Evaluation Criteria
Eligibility Information

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Eligibility Type
Public
Additional Eligibility Information
Small and Mid-Size Law Enforcement Organizations/Agencies, with the primary function of enforcing traffic laws, which includes responding to calls, making arrests, and issuing citations, pursuant to the California Penal Code, California Vehicle Code, and California Health and Safety Code
Small-Size Law Enforcement Organizations/Agencies: 100 employees or less Mid-Size Law Enforcement Organizations/Agencies: 500 employees or less Additional Information
Additional Information URL
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program Award Administration Information
State Award Notices
Awards will be announced in May and June 2026.

Administrative and National Policy Requirements
The California Highway Patrol (CHP) adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2, by adding Chapter 13, which govern the CHP, Cannabis Tax Fund Grant Program.

These regulations outline:
* Grant Provisions
* Grant Project Types
* Specific Grant Application Requirements
* Grant Evaluation Criteria
* Necessary Administrative Procedures for the Program
Regulations can be found at:
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program/program-regulations Reporting
Quarterly Reporting is required and due within 14 calendar days after the close of each quarter.

Quarter One (Q1): July 1 - September 30
Quarter Two (Q2): October 1 - December 31
Quarter Three (Q3): January 1 - March 31
Quarter Four (Q4): April 1 - June 30
Other Information
Please ensure your Organization/Agency has the capability to electronically sign required documents (ex: Grant Agreement).

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Project Information
Application Information
Application Name
Pleasanton Police Department
Award Requested
$81,070.56
Total Award Budget
$81,070.56
Primary Contact Information
Name
Chris Niederhaus
Email Address
[email protected]
Address
4833 Bernal Avenue
Pleasanton, California 94566
Phone Number
(925) 931-5100

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Project Description

1. Organization/Agency Representatives
Organization/Agency Section/Unit (subdivision) to administer the Grant Agreement.

Pleasanton Police Department
Organization/Agency Representative
Complete the following fields with the appropriate Organization/Agency representatives for the Grant Agreement. The completed fields will auto-populate in the Grant Agreement, so please ensure each individual will be the point of contact throughout the Project Performance Period.

The Authorized Official is authorized to enter into a Grant Agreement with signing authority The Authorized Financial Contact maintains financial records, documentation, and recipient of warrant The Administrative Contact is responsible for day-to-day administration

Authorized Official Name (first and last)
Chris Niederhaus
Authorized Official Title
Lieutenant
Authorized Official Address (Street)
4833 Bernal Avenue
Authorized Official Address (City, State, and ZIP Code) Pleasanton, Ca. 94566
Authorized Official Phone Number (with area code)
9259315100
Authorized Official Email Address
[email protected]
Authorized Financial Contact Name (first and last)
Heather Dequincy
Authorized Financial Contact Title
Business Services Manager
Authorized Payment Reimbursement Address (Street) MUST MATCH FI$CAL FORM 4833 Bernal Avenue
Authorized Payment Reimbursement Address (City, State, and ZIP Code) MUST MATCH FI$CAL FORM Pleasanton, Ca., 94566
Authorized Financial Contact Phone Number (with area code) 9259315100
Authorized Financial Contact Email Address
[email protected]
Administrative Contact Name (first and last)
Tracy Avelar

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Administrative Contact Title
Police Chief
Administrative Contact Phone Number (with area code)
9259315100
Administrative Contact Email Address
[email protected]

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

2. Senate/Assembly/Congressional/County Information
To determine the State Senate District(s), State Assembly District(s), and California Congressional District(s), copy and paste the below URL in your browser and search:
https://gis.data.ca.gov/maps/CDEGIS::legislative-districts-in-california-2/about Select one or more State Senate District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

State Senate 05
Select one or more State Assembly District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

State Assembly 06
Select one or more California Congressional District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

California Congressional District 14
Select one or more California counties where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

Alameda
Number of residents (population) that your Organization/Agency serves. 77500

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

3. Statistical Data
Ensure the responses below align with the statistical data provided within the Grant Application. If a question is not applicable, please input "0" or "N/A".

Number of schools in your jurisdiction.

Elementary Schools Middle Schools High Schools Colleges/Universities Number of Schools 9 3 3
Number of law enforcement personnel within your Organization/Agency. 83 Does your Organization/Agency have specifically designated traffic enforcement personnel who conduct driving under the influence (DUI) enforcement operations?
Yes
No
How often does your agency conduct DUI enforcement activities (e.g., roving patrols, saturation patrols, checkpoints)?* Weekly Average Monthly Average Yearly Average
Enforcement Activities 0 2 25
How many law enforcement personnel have attended Standard Field Sobriety Test (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and/or Drug Recognition Evaluator (DRE) training?

SFST ARIDE DRE
Number of Trained Law Enforcement Personnel
40 25 2
How many certified DREs does your Organization/Agency currently have? 2 How many law enforcement personnel are certified SFST and/or DRE Instructors?

SFST DRE
Number of Certified Instructors 0 0
What in-service training does your Organization/Agency offer related to DUI? We include the SFST refresher in the field training program phase two for all trainees. Additionally, we ensure that phase two includes DUI enforcement stops and that the trainee is working a shift more likely to result in a DUI arrest. We are implementing a new hybrid position within the Traffic Unit to incorporate a dedicated DUI officer, who will be assigned the DUI vehicle we received in the last grant cycle.

Is training conducted at your Organization/Agency or at an alternate facility? Within agency
Alternate facility
Does your law enforcement personnel participate in training with local city attorneys and/or district attorneys? Yes
No
Grant-Funded Equipment
Have Cannabis Tax Fund Grant Program Grant Funds been utilized to purchase equipment (an acquisition cost of at

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

least $5,000)?
Yes
No
If yes, list the fiscal year of the Grant Agreement and EACH equipment item.

FY 25/26 the CHP Cannabis Grant funded the purchase of a dedicated DUI vehicle.

EXAMPLE ONLY
FY21-22 = Two Message Boards
FY22-23 = One DUI Vehicle

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

4. Project Description
Project Types: Please select each Project type included in your Project.

Enforcement Efforts
Law Enforcement Training
Public Education and/or Prevention
Provide a brief overview/synopsis (a paragraph) of the proposed Project. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The Pleasanton Police Department will host one DUI checkpoint within the city in the third or fourth quarter of 2026. This was a success in 2025, resulting in six DUI arrests and numerous citations and towed vehicles. Directed DUI saturation patrols are currently funded by OTS through 2026, and the proposed Lifelock PAS devices will support those scheduled enforcement efforts.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

5. Problem Statement
Clearly identify the problem/need (Problem Statement) in your local community, which is the reason for requesting grant funds. If applicable, provide recent and high-level statistical data that directly supports the problem/need in your local community. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - EITHER TYPE INFORMATION IN FIELD OR ATTACH DOCUMENT.

Impaired driving continues to pose a serious threat to roadway safety in the City of Pleasanton. Despite ongoing enforcement efforts, individuals continue to operate vehicles under the influence of alcohol and drugs.

Pleasanton is intersected by major regional corridors, including Interstate 580 and Interstate 680, which generate substantial commuter and regional traffic. These high-volume roadways, combined with evening and weekend activities, increase the likelihood of impaired driving within the city.

In December 2025, a CHP grant-funded DUI checkpoint resulted in six DUI arrests and numerous citations for suspended and unlicensed drivers. These results from a single operation demonstrate that impaired drivers continue to travel on Pleasanton roadways and validate the ongoing need for high-visibility enforcement.

The department also conducts DUI saturation patrols throughout the year funded by the California Office of Traffic Safety (OTS). While these patrols are effective in identifying impaired drivers, checkpoints provide an additional higher- visibility deterrent and allow systematic driver screening in a controlled environment.

State and county data continue to show that impaired driving remains a leading factor in traffic collisions and injuries.

Continued grant funding is necessary to support a comprehensive plan that combines saturation patrols and DUI checkpoints to reduce impaired driving and enhance public safety in Pleasanton.

Statistical Data/Report(s)
Statistical Data
Statistical Data (Review er Only)

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

6. Performance Measures/Scope of Work (Proposed Solution) Detail EACH Project activity/item below, which will serve as your goals and objectives for the Project. For EACH goal/objective, include estimated timelines (ex: monthly, quarterly), quantitative measurements (ex: reduction of DUI/DUID by %), and resources (Budget Line Items) needed to successfully complete the Project activities with justification detailing how it will enhance/support the Project. NOTE: These goals and objectives must be consistent with the Budget. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

1. DUI Checkpoint (Q2- Planning Coordination, Q2- Equipment Deployment, Q2- Checkpoint Conducted December 2026). Aim to reduce DUI-related collisions by 7% within the months following the checkpoint through high visibility enforcement and deterrence. The checkpoint will screen a minimum of 1200 vehicles and measure enforcement outcomes, including DUI arrests, suspended/revoked license citations, and unlicensed driver citations.

2. 8 LifeLock Preliminary Alcohol Screening Devices with Tracking Software (Q1- Purchase and Immediate Deployment, Q1-Q4- Ongoing Use and Quarterly Reporting). Aim to improve impaired driving detection efficiency and accuracy and contribute to an overall 10% increase in documented impaired driving contacts during the year due to enhanced testing and tracking. Measurable outputs include total PAS tests administered, the number of DUI arrests supported by PAS testing, and quarterly device usage reports.

3. Generac Light Towers (Q1-Q2—Purchase and Receive, Q2—Deployment at Checkpoint). Aim to enhance officer safety and operational effectiveness during nighttime checkpoint operations and ensure 100% illumination compliance of the screening area, reducing risk exposure and improving detection of impairment indicators.

Measurable outcomes include safe deployment of a fully illuminated checkpoint operation and zero officer injuries related to visibility conditions.

EXAMPLE ONLY
16 DUI Saturation Patrols (Q1 = 4, Q2 = 4, Q3 = 4, Q4 = 4): Aim to reduce DUI/DUID deaths by 10%, which will improve roadway safety in the community.
2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aim to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community.
4 Message Boards for DUI Checkpoints and Educational Messaging (Q1 = Purchase, Q2 = Receive, Q2-Q4 = Use to complete DUI Checkpoints and education): We will utilize the Message Boards to notify the public of an approaching DUI Checkpoint. In between DUI Checkpoints, we will display educational messaging against driving under the influence.
4 Educational Presentations at local high schools (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Aim to contact at least 100 students each quarter to increase awareness of driving under the influence. The presentations will educate students on the implications of driving impaired.

NOTE: The number of activities listed for each Performance Measure must match the number of activities listed in the Budget.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

7. Project Performance Evaluation
Provide the method of evaluation to show Project effectiveness and positive impact(s) on the community. These strategies shall include captured quantitative/qualitative data and a communication plan to share Project results with both internal and external stakeholders. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The Pleasanton Police Department will evaluate project effectiveness using quantitative data, qualitative assessment, and formal after-action reports.

Quantitative Measures:

Number of vehicles screened at the December 2026 DUI checkpoint Number of DUI/DUID arrests
Number of suspended/revoked and unlicensed driver citations Total PAS test administered (captured through LifeLock PAS tracking software) Quarterly usage reports
Comparison of DUI-related collision data 12 months pre- and post-enforcement Year-over-year DUI arrest comparisons
A targeted 7% reduction in DUI-related collisions will serve as the primary outcome benchmark.

Qualitative Measures:

Officer and supervisor feedback
Community response to checkpoint announcements and enforcement activities After-Action Reports:

A formal After-Action Report will be completed following the checkpoint. it will summarize enforcement results, evaluate staffing and equipment performance (PAS devics and lighting), assess safety considerations, and identify lessons learned. Findings will be reviewed by command staff to improve future operations.

Communication Plan
Internal:

Quarterly updates to command staff
Review of After-Action Report findings
Inclusion of PAS useage and enforcement data in grant reporting External:

Press release before and after checkpoint
Social media updates sharing enforcement results
Public reporting of key statistics to reinforce deterrence messaging Through structured data collection, documented review, and transparent communication, the department will demonstrate measureable project effectiveness and positive community impact.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

8. Program Sustainability
Describe the plan for reducing reliance on future grant funding. Include a summary and timeframe to continue efforts when grant funds are either not available or significantly reduced. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The Pleasanton Police Department has developed a sustainable plan to maintain DUI enforcement efforts if grant funding is reduced or unavailable.

The primary costs in this project are one-time equipment purchases, including LifeLock PAS devices and light towers.

These durable assets will remain in service for multiple years, significantly reducing future funding needs. Ongoing calibration, maintenance, and minor replacement costs will be absorbed into the department's general operating budget for FY27/28.

If the future grant funding is limited, DUI enforcement will continue by integrating checkpoint-style operations and saturation efforts into regular patrol staffing and the Traffic Unit. While operations may be scaled based on available personnel, high-visibility enforcement will remain a priority. Equipment purchased under this grant will continue to support enforcement without additional major capital investments.

After-Action Reports and enforcement data will be used to demonstrate effectiveness and support future internal budget requests if necessary.

Through long-term equipment investment, integration into routine operations, and gradual transition of maintenance costs to the general fund, the department is committed to sustaining impaired driving enforcement efforts beyond the life of this grant.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

9. Administrative Support
Describe the administrative support, including the Organization/Agency’s grant experience, personnel, and physical resources needed to successfully complete the Project within the Project Performance Period. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The Pleasanton Police Department has established experience managing state traffic safety grants and possesses the administrative capacity to successfully complete this project within the performance period. The project director, a police lieutenant, will oversee operational planning, budget monitoring, data collection, and timely submission of required reports. Supervisory personnel will coordinate staffing and deployment, while the city's Finance Department provides structured fiscal oversight. The department will also receive direct financial guidance from Business Services Manager Heather Dequincy, who assisted in overseeing last year's grant and ensured compliance with procurement procedures, expenditure tracking, reimbursement requests, and reporting requirements. Her continued oversight, combined with established internal controls, secure equipment storage, and record management systems, ensures the department has the personnel, financial expertise, and physical resources necessary to successfully implement and manage this project.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

10. Other Grant Programs
Impaired Driving Grant Activities
Has your Organization/Agency previously received grant funding for impaired driving activities? Yes
No
If yes, detail the outcome. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Yes, the Pleasanton Police Department previously received grant funding for impaired driving enforcement through the California Office of Traffic Safety (OTS) and the CHP Cannabis Tax Fund Grant. The OTS grant funds multiple DUI saturation patrols conducted throughout the year, resulting in DUI arrests, enforcement contacts, and increased visibility of patrol presence during high-risk periods. The CHP Cannabis Grant supported impaired driving enforcement resources, including a dedicated DUI vehicle and a DUI checkpoint conducted in December 2025, which resulted in six arrests and multiple citations for suspended and unlicensed drivers. Both grants were successfully managed within the performance period, with all required reporting completed on time. The enforcement outcomes demonstrated measurable public safety impact and strengthened the department's ability to proactively address alcohol and drug-impaired driving within the community.

Has or will your Organization/Agency submit a proposal to another grant program for this Project (ex: funds for the same components as this Project, or similar/related components that will be completed during the same time period as this Project)?
Yes
No
If yes, detail the granting Organization/Agency. In addition, clearly distinguish which tasks would be funded by the CTFGP and which tasks would be funded by another Organization/Agency. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Other Funding Sources
Are any personnel dedicated to this Project funded by other sources or grants, including salary support? Yes
No
If yes, detail which source/grant. PLEASE DO NOT COPY AND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

11. Terms and Conditions
By submitting your Grant Application, you agree to the following Terms and Conditions:

I certify, under penalty of perjury, that the information I entered in this Grant Application is true and complete to the best of my knowledge. I further understand that any false, incomplete, or incorrect statements may result in my disqualification from the grant process or dismissal from receiving grants funded by the California Highway Patrol (CHP), Cannabis Tax Fund Grant Program. I authorize the California Highway Patrol, Cannabis Grants Unit (CGU), to investigate referenced documents or other documents submitted to the program to check the accuracy of the information provided.

I agree with the Request for Application, the above Terms and Conditions, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00 through 1890.27.

I Agree
When using the GMS (EUNA), I authorize the state to take my requested action by an electronic means and authorize the state to accept the combination of my User ID and password in lieu of my written signature.

I Agree
My password is unique to me and is to remain confidential. I will not allow other individuals to use my User ID and password to access the GMS (EUNA).

I Agree
It is my responsibility to maintain the confidentiality of GMS (EUNA) information.

I Agree
Once I submit the Grant Application, I am unable to add, edit, or delete any Grant Application information.

I Agree
Confidentiality Notice: All documents submitted as a part of the Cannabis Tax Fund Grant Program Grant Application are public documents and may be subject to a request pursuant to the California Public Records Act. The CHP, CGU, cannot ensure the confidentiality of any information submitted in or with this Grant Application (Gov. Code, § 6250 et seq.).

I Agree
Generated Income Disclaimer: There will be no program income generated from this grant. Nothing in this Grant Application shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations, in pursuance of the goals and objectives. Although special emphasis will be placed upon violations specific to this Grant Application, appropriate enforcement action will be taken for all observed violations.

I Agree
Grant funds shall not replace (supplant) any federal, state and/or local funds that are appropriated or earmarked for the same purpose and are routine and/or existing state and local expenditures. Supplanting is the deliberate reduction in the amount of federal, state, or local funding appropriated to an existing program or activity because grant funds are awarded for the same purpose. It is the responsibility of the Grant Applicant to ensure supplanting does not occur.

I Agree
Financial Information System for California Government Agency Taxpayer ID (FI$Cal Form) A FI$Cal Form is required for reimbursement. If the Grant Applicant does not have a completed FI$Cal Form at final Grant Application submission time, the Grant Applicant may submit the completed FI$Cal Form via email to CGU prior to execution of the Grant Agreement. NOTE: The “Remit-To Address" on the FI$Cal Form MUST match the “Official Address to Receive Reimbursement Payment” you entered in Form #1. Organization/Agency Representative. This address shall be the official address on file with FI$Cal and the State Controller’s Office (SCO) to receive warrants (Reimbursement Request Payments). Forms are located on the Cannabis Tax Fund Grant Program's website at https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program.

I Agree
FI$Cal Form
City Council or County Resolution
A county, city, district, or other public body shall provide a copy of a resolution, order, motion, or ordinance of local

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

governing body, which by law has the authority to enter into an agreement authorizing execution of a Grant Agreement. If the Grant Applicant does not have a signed resolution at final Grant Application submission time, the Grant Applicant may submit a signed resolution via email to CGU prior to execution of the Grant Agreement. NOTE: The resolution MUST explicitly state the Organization/Agency has delegated authority to enter into a Grant Agreement for the requested amount.

I Agree

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Budget
Proposed Budget Summary
Expense Budget
Grant Funded Total Budgeted
Personnel
DUI Checkpoint $25,857.00 $25,857.00
Subtotal $25,857.00 $25,857.00
Equipment
Checkpoint Equipment $45,755.86 $45,755.86
Subtotal $45,755.86 $45,755.86
Other Direct Costs
LifeLock PAS Devices $9,457.70 $9,457.70
Subtotal $9,457.70 $9,457.70
Total Proposed Cost $81,070.56 $81,070.56
Revenue Budget
Grant Funded Total Budgeted
Grant Funding
Award Requested $81,070.56 $81,070.56
Subtotal $81,070.56 $81,070.56
Total Proposed Revenue $81,070.56 $81,070.56
Proposed Budget Detail
See attached spreadsheet.

Proposed Budget Narrative
Personnel
Costs may include compensation for wages, such as overtime, and benefits (annual leave and sick leave) for work directly related to, and consistent with, the Project. Personnel hours will be awarded based on the number of CTFGP grant-funded Project activities approved by CGU. To be eligible for reimbursement, personnel services must occur within the Project Performance Period. Please note, full salary positions are not allowed. Itemize separate Budget line items by Project activity (ex: one Budget line item for DUI Saturation Patrol; one Budget line item for DUI Checkpoint). Combine wages and benefits in the same Budget line item for each Project activity. For EACH Budget line item, the narrative shall include: * Number of times Project activity will occur * Classification(s) assigned to the Project activity * Rate (range of pay) for each classification working Project activity (notate regular or overtime pay) *

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Total number of hours for each Project activity. EXAMPLE: 16 DUI Saturation Patrols. 160 Total hours x $100 an hour (highest hourly rate) = Total cost $16,000. Sergeant OT rate with benefits $80-$100 per hour, Officer OT rate with benefits $60-$80 per hour. NOTE: If engaging in CTFGP grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the applicant does not have primary traffic jurisdiction, the applicant should consult with the agency having primary traffic jurisdiction. NOTE: The number of activities listed for each Budget line item must match the number of activities listed in the Performance Measures.

DUI Checkpoint
One (1) DUI checkpoint will be conducted during the project performance period (December 2026). This grant- funded activity will require overtime compensation, inclusive of wages and benefits, for personnel directly assigned to the operation. Classifications assigned include Police Officers (15), Police Sergeants (2), Police Lieutenant (1), Streets Department personnel (2), and Community Service Officers (2). Overtime rates with benefits are as follows:

Officer $121.80 per hour, Sergeant $158.40 per hour, Lieutenant $170.90 per hour, Streets Personnel $78.20 per hour, and CSO $72.30 per hour. Each employee will work a 10-hour shift, totaling 220 combined personnel hours for the checkpoint. Total personnel cost for this single project activity is $25,857.00. All services will occur within the Project Performance Period, and no full-salary positions are requested.

Equipment
Costs may include non-expendable, tangible, personal property having a normal useful life of more than one year, and an acquisition cost of at least $5,000 (ex: four identical assets, which cost $1,250 each, for a total of $5,000, are not considered an equipment purchase). Equipment shall be directly related and necessary to complete CTFGP grant-funded DUI/DUID enforcement, checkpoint, and education Project activities taking place in the Applicant’s jurisdiction (ex: message board for DUI checkpoints). Equipment should be purchased at the beginning of the Project Performance Period. To be eligible for reimbursement, Equipment must be purchased and received within the Project Performance Period. Itemize separate Budget line items for each Equipment item. If requesting outfitting, include outfitting in the total cost of the vehicle. Any equipment or items permanently affixed to the vehicle are considered/classified as outfitting (ex: lights, sirens, decals, prisoner cage). Items such as flashlights, cones, signs and computers are not considered vehicle outfitting. The requestor shall only request to outfit the vehicle with the standard equipment similar to the rest of their vehicle fleet. Please refer to Annex A of the Request for Application (RFA) for ineligible expenses. For EACH Budget line item, the narrative shall include: * Description of equipment item * Quantity * Unit cost * Outfitting cost, if applicable * Total cost * Correlating CTFGP activity. EXAMPLE:

DUI/DUID Enforcement Patrol Vehicle 1@ $80,000 + Outfitting $40,000 = $120,000 for Checkpoint and DUI/DUID Saturation Patrols NOTE: The number of activities listed for each Budget line item must match the number of activities listed in the Performance Measures.

Checkpoint Equipment
The Pleasanton Police Department is requesting two (2) Generac MLT6SKDS-STD3 diesel LED light towers at $12,780 per unit, plus tax, delivery, and contingency, for a total cost of $45,755.86, and eight (8) LifeLock Preliminary Alcohol Screening (PAS) devices at $646 per unit, including supporting software, calibration, tax, shipping, and contingency, for a total cost of $9,457.96. Both equipment items are non-expendable assets with a useful life exceeding one year and will be purchased and received at the beginning of the Project Performance Period. The light towers are directly necessary to safely conduct the one (1) CTFGP-funded DUI checkpoint by providing full illumination of the screening area, enhancing officer safety and proper impairment detection. The PAS devices, equipped with integrated tracking software, will support DUI enforcement by enabling accurate roadside alcohol screening and documenting usage data for quarterly reporting. These equipment requests directly correlate to the single DUI checkpoint activity listed in the performance measures and are essential to successfully completing the project.

Other Direct Costs
Costs may include operational costs. Other Direct Costs shall be directly related and necessary to complete CTFGP grant-funded activities included in the Project. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. To be eligible for reimbursement, Other Direct Costs must be purchased and received within the Project Performance Period. Itemize separate Budget line items for each Other Direct Costs item. For EACH Budget line item, the narrative shall include: * Name/description of Other Direct Costs * Quantity * Unit cost * Total cost * Correlating CTFGP activity. EXAMPLE: Large Traffic Cones. 75 @ $40 each = $3,000 for Checkpoints NOTE: The number of activities listed for each Budget line item must match the number of activities listed in the Performance Measures.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

LifeLock PAS Devices
The Pleasanton Police Department is requesting Other Direct Costs for operational components associated with eight (8) LifeLock Preliminary Alcohol Screening (PAS) devices to support the one (1) CTFGP-funded DUI Checkpoint and scheduled DUI saturation patrols throughout the year. This includes supporting software (1 unit at $195.00), testing and calibration services (8 units totaling $1,644.00), and miscellaneous parts ($184.80), for a subtotal of $7,191.80. With applicable tax ($737.15), shipping ($75.54), and a 20% contingency ($1,453.47), the total requested amount is $9,457.96. These costs are directly related and necessary to ensure the PAS devices are properly calibrated, fully operational, and capable of tracking usage data for quarterly reporting. All items will be purchased and received at the beginning of the project performance period to ensure they are available for the December 2026 DUI checkpoint activity identified in the performance measures.

Pleasanton Police Department
Pleasanton Police Department
Attachment 1

Attachment 2
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING ACCEPTANCE OF GRANT FUNDING FROM THE CALIFORNIA

HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM IN THE AMOUNT OF $81,070.56

WHEREAS, the City of Pleasanton desires to reduce the number of Driving Under the Influence (DUI) instances and DUI collisions through the use of funds made available through the Cannabis Tax Fund Grant Program (CTFGP) administered by the California Highway Patrol (CHP); and

WHEREAS, CHP has provided notice to the City of its intent to award a grant in the amount of $81,070.56; and

WHEREAS, CHP requires that City Council adopt a resolution to be eligible to accept and execute the grant agreement in the amount of $81,070.56; and

WHEREAS, grant funds received from the CHP shall not be used to supplant expenditures of the City’s General Fund; and

WHEREAS, the City of Pleasanton procedures require the City Council’s approval for all grant applications and funding agreements.

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

SECTION 1: The submission of the application and acceptance of funds on behalf of the City of Pleasanton is ratified and approved;

SECTION 2: Authorizes the City Manager, or designee, to execute all necessary documents required by the CHP CTFGP;

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 7, 2026.

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 7th day of July 2026, by the following vote:

Ayes: Councilmembers
Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

______________________________
Daniel Sodergren, City Attorney

Item #3

CITY COUNCIL AGENDA REPORT

July 7, 2026
Police

TITLE:

APPROVE A CITY-SPONSORED STREET CLOSURE ON SECOND STREET

BETWEEN KOTTINGER DRIVE AND ABBIE STREET FOR HALLOWEEN ON OCTOBER 31, 2026

SUMMARY
Due to the high volume of pedestrian traffic during the evening trick-or-treating period that come to Second St. each Halloween, at its June 16 meeting the City Council recommended that staff develop a plan for the closure of the street for safety. This report outlines that plan and the costs.

RECOMMENDATION
Approve a street closure on Second Street between Kottinger Drive and Abbie Street for Halloween on October 31, 2026.

BACKGROUND
Halloween activity on Second Street between Kottinger Avenue and Abbie Street has historically attracted a high volume of pedestrian traffic during the evening trick-or-treating period. The concentration of children, families, and other community members in the area creates increased interaction between pedestrians and vehicles during peak hours. In an effort to create a safe experience for the community, the City Council directed staff to develop a plan for a street closure and bring it back for consideration.

DISCUSSION
The proposed temporary street closure on Second Street between Kottinger Avenue and Abbie Street on Halloween 2026, from 4:00 p.m. to 9:00 p.m., is intended to improve pedestrian safety during the peak trick-or-treating period. This segment of Second Street experiences a high concentration of foot traffic on Halloween, including children, families, and other community members walking in the roadway and crossing frequently between homes. A temporary closure during these hours would reduce conflicts between vehicles and pedestrians during the period of highest activity.

Under the proposed closure, parked vehicles could remain on the street. Requiring all vehicles to be removed in advance would be labor-intensive to administer and enforce and would create additional inconvenience for residents. Allowing legally parked vehicles to remain in place would provide a practical approach while still limiting active vehicle movement through the area.

Vehicles would not be permitted to enter or exit the closure area between 4:00 p.m. and 9:00 p.m. While this restriction would create inconvenience for residents during the closure period,

allowing vehicles to come and go would require escorting each vehicle through the pedestrian area. That approach would significantly increase staffing needs, including police or other traffic control personnel, and would increase the overall cost and operational complexity of the closure.

Neal Street would remain open during the proposed closure period. Keeping Neal Street open would preserve access through the surrounding neighborhood while maintaining the closure on the primary block experiencing the highest concentration of trick-or-treating activity.

Implementation of the closure would require coordinated advance notification to all residents on Second Street regarding the closure hours, access restrictions, and event-day expectations. Clear and timely communication would be important to minimize confusion and allow residents to plan accordingly.

The proposed closure presents a balance between neighborhood vehicle access and pedestrian safety during a period of significant activity. Consideration of the temporary closure includes operational impacts, resident inconvenience, staffing implications, and the public safety benefits associated with limiting vehicle movement during peak trick-or-treating hours.

EQUITY AND SUSTAINABILITY
If the City moves forward with this closure as a sanctioned event, other neighborhoods may also request Halloween street closures. Multiple City-sponsored Halloween street closures would be unsustainable.

OUTREACH
No outreach was done for this item.

STRATEGIC PLAN ALIGNMENT
This item is aligned with the strategic plan goal of Safeguarding Our City.

FISCAL IMPACT
This event is expected to incur approximately $8,000 to $9,000 in overtime staffing costs for Police and Public Works.

Prepared by: Submitted by: Approved by:

Tracy Avelar, Police Chief Tracy Avelar, Police Chief

Joe Calabrigo, Interim
City Manager

Attachments:

None

Item #4

CITY COUNCIL AGENDA REPORT

July 7, 2026
Public Works - Utilities Division

TITLE: AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ZONE 7 WATER AGENCY FOR MUNICIPAL AND INDUSTRIAL WATER SUPPLY

SUMMARY
The City’s primary water supply source is treated water purchased from the Zone 7 Water Agency (Zone 7). In early 2023, Zone 7 began a renewal process with the City and the other water retailers – California Water Service, City of Livermore, and Dublin San Ramon Services District (DSRSD) – to extend water supply service through December 31, 2055.

The proposed agreement preserves the key principles of prior agreements while updating the language and provisions to reflect current laws and regulations, improve formatting, and incorporate revisions where appropriate. Key provisions of the proposed agreement are summarized in the Discussion section of this report.

The proposed agreement is substantially similar to the agreements being considered by the other retailers and was approved by the Zone 7 Board of Directors on May 19, 2026. Each retailer is presenting its respective agreement to its governing body for review and approval during June and July 2026.

RECOMMENDATION
Authorize the City Manager to execute an agreement with Zone 7 for municipal and industrial water supply.

BACKGROUND
The City has two water supply sources:

1. Treated water purchased from Zone 7, also referred to as municipal and industrial water supply; and

2. The City’s groundwater production quota (GPQ) of 3,500 acre-feet per year (AFY).

Historically, treated water purchases from Zone 7 have represented approximately 70 to 80 percent of the City’s total water supply. However, in November 2022, the City removed all its groundwater wells from service due to the detection of PFAS. Since that time, the City’s water supply has been provided exclusively through treated water purchases from Zone 7. The City is currently implementing the Groundwater Supply Project to restore use of its GPQ, with completion tentatively estimated for the end of 2029.

The City’s first agreement with Zone 7 for treated water supply was approved on January 22, 1968, for a 30-year term. Around that time, Zone 7 also executed similar treated water supply agreements with other water retailers, including California Water Service, City of Livermore,

and Valley Community Services District, the predecessor to the Dublin San Ramon Services District (DSRSD).

In the 1990s, at the end of the original 30-year terms, Zone 7 executed new 30-year treated water supply agreements with California Water Service, City of Livermore, and DSRSD. The City and Zone 7 did not reach a new agreement at the time. As a result, Zone 7 has continued delivering treated water to the City pursuant to the renewability clause in the original agreement.

DISCUSSION
In early 2023, in anticipation of the expiration of existing agreements, Zone 7 initiated a renewal process with the City and the other water retailers to extend water supply service through December 31, 2055. Over the past three years, Zone 7 and the retailers have worked collaboratively to negotiate new agreements that preserve the key principles of prior agreements while updating language and provisions to reflect current laws and regulations, improve formatting, and incorporate revisions where appropriate.

Key provisions of the agreement include:
• The City shall procure all water supply for use within its service area through purchase of treated water from Zone 7 or through the use of its GPQ. Alternative supplies are only allowed for emergency purposes, when Zone 7 cannot deliver requested quantities, or when the supply is recycled water for permitted reuse purposes. • Treated water delivered by Zone 7 shall comply with all water quality requirements of the State Water Resources Control Board Division of Drinking Water and the United States Environmental Protection Agency.
• All deliveries from Zone 7 are subject to water availability, which may be impacted by drought, facility outages, restrictions on groundwater extraction capacities, or other factors.
• Zone 7 is to continue implementing a water conservation program. • Zone 7 shall measure and record volumes of water delivered to the City and shall test meters for accuracy at least annually.
• Zone 7 retains the ability to regulate flows delivered to the City when the flows exceed system capacities.
• New turnout facilities are subject to Zone 7 review and approval, and construction costs are the responsibility of the City. Ownership and maintenance of new turnout facilities remain the sole responsibility of Zone 7.
• The agreement acknowledges Zone 7’s role as the exclusive Groundwater Sustainability Agency for the Livermore Valley Groundwater Basin and its responsibilities to sustainably manage the basin in compliance with the Sustainable Groundwater Management Act.
• The agreement acknowledges the City’s right to extract groundwater based on its GPQ (3,500 AFY). As with the other retailers, the City’s GPQ remains unchanged from the previous agreement.
• The Zone 7 Board of Directors shall adopt and publish rate schedules for charges levied pursuant to the agreement. Each charge must be based on the cost of providing service and may not be unreasonable, arbitrary, or discriminatory. • Zone 7 shall communicate with the City on an ongoing basis regarding updates to

policies and procedures that may be of interest to the City and shall solicit City input as appropriate.
• Requires Zone 7 to make good-faith efforts to cooperate with the City regarding operation of Zone 7 facilities, specifically the production of groundwater vs surface water production, which may impact the City’s water quality within its distribution system.
• Requires Zone 7 to make good-faith efforts to provide preliminary assessments of its ability to meet the City’s Water Delivery Schedule shortly after the City submits its schedule on July 15 for the following year. This will allow the City to make advance arrangements for alternative supplies, such as additional groundwater production, if necessary.

The Zone 7 Board of Directors approved the municipal and industrial water supply agreements for each retailer on May 19, 2026. Each retailer plans to present its agreements to its governing body for approval during June and July 2026.

EQUITY AND SUSTAINABILITY
This agreement supports long-term community water supply planning in response to changing climate conditions and helps promote cost savings, enhanced water quality and availability, and increased resiliency.

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

STRATEGIC PLAN ALIGNMENT
This item advances the ONE Pleasanton strategic plan goal of Investing in Our Environment by ensuring water quality and availability over the term of the agreement.

FISCAL IMPACT
There are no fiscal impacts associated with approval of this agreement.

Prepared by: Submitted by: Approved by:

Siew-Chin Yeong, Director
of Public Works
Siew-Chin Yeong, Director of Public
Works

Joe Calabrigo, Interim
City Manager

Attachments:

1. Zone 7 and City Agreement for Municipal & Industrial Water Supply

A26-74-PLE

CONTRACT BETWEEN
ZONE 7 WATER AGENCY
AND

CITY OF PLEASANTON

FOR A MUNICIPAL & INDUSTRIAL WATER SUPPLY
Attachment 1

1 Table of ContentsMunicipal & Industrial Water Supply ContractPage NumberRECITALS.........................................................................................................1 A. INTRODUCTORY PROVISIONS..............................................................1 1. Definitions.................................................................................................1 2. Term of Contract .......................................................................................3 3. Communication..........................................................................................3 B. WATER SERVICE....................................................................................3 4. ...........................................................................3 5. Exclusive Supplier......................................................................................4 6. Quality of Water ........................................................................................4 7. Availability of Water...................................................................................4 8. Water Conservation ...................................................................................5 9. Alternate Supply ........................................................................................5 10. Measurement of Treated Water Deliveries...................................................6 11. Delivery Schedule of Municipal & Industrial Water .......................................7 12. Operational Requirements..........................................................................7 13. Temporary Curtailment of Delivery .............................................................8 14. Suspension of Service ................................................................................8 C. TURNOUT DESIGN & CONSTRUCTION.................................................8 15. Requests for Turnout Facilities....................................................................8 16. Design of Turnout Facilities ........................................................................9 17. Turnout Construction & Maintenance ..........................................................9 18. Operations and Damage to Facilities .........................................................10 19. Inspection of Facilities..............................................................................10 20. Ranges of Flow........................................................................................10 D. GROUNDWATER EXTRACTION............................................................11 21. Rights to and Management of Groundwater in the Main Basin ....................11 22. .................................................11 23. Carry-over of Groundwater Pumping Quota ...............................................12 24. Transfers of Groundwater Pumping Quota.................................................12

2 25. ...............................12 26. Reporting Groundwater Extraction ............................................................12 27. In-Lieu Treated Water..............................................................................13 28. Water Delivery Shortage Emergency Extractions........................................13 E. CHARGES AND PAYMENT....................................................................13 29. Rate Schedule .........................................................................................13 30. Recharge Fee ..........................................................................................14 31. In-Lieu Treated Water Credit....................................................................14 32. Payments and Invoicing ...........................................................................14 33. Delinquent Payments ...............................................................................15 F. GENERAL PROVISIONS........................................................................15 34. Entire Agreement.....................................................................................15 35. Third Party Beneficiaries...........................................................................15 36. Dispute Resolution...................................................................................15 37. Remedies................................................................................................15 38. Severance ...............................................................................................16 39. Assignment .............................................................................................16 40. Venue .....................................................................................................16 41. Contract Modification ...............................................................................16 42. No Guarantee of Water Supply .................................................................16 43. Liabilities & Indemnification......................................................................17 44. Renewability............................................................................................17 45. Counterparts ...........................................................................................18 46. Notices....................................................................................................18 47. Severability .............................................................................................18 48. Section Headings.....................................................................................19 49. Waiver ....................................................................................................19 50. Contracts to be Substantially Similar .........................................................19 G. CONTRACTOR-SPECIFIC PROVISIONS...............................................19 51. Operational Coordination..........................................................................19 52. Delivery Schedule Preliminary Approval.....................................................19

1 CONTRACT BETWEENZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PLEASANTON FOR A MUNICIPAL & INDUSTRIAL WATER SUPPLYTHIS CONTRACT is made and entered into this ______ day of ______________, 2026, by and between ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, commonly known as the Zone 7 Water Agency, hereinafter CITY OF PLEASANTON, hereinafter referred to as RECITALSWHEREAS, Zone 7 is a wholesale water supplier providing Municipal and Industrial water supply to various contractors in Alameda County and Dougherty Valley; andWHEREAS, Zone 7 manages the Livermore Valley Groundwater Basin under the Sustainable Groundwater Management Act of 2014 (SGMA) through the Alternative Groundwater Sustainability Plan for the Livermore Valley Groundwater Basin; andWHEREAS, Contractor and Zone 7 are parties to the(M&I Contract); andWHEREAS, that M&I Contractextractions from the Main Basin of the Livermore Valley Groundwater Basin; and WHEREAS, the M&I Contract between Zone 7 and Contractor expires December 31, 2026; and WHEREAS, Zone 7 and Contractor wish to renew the terms of the prior M&I ContractService Area.A. INTRODUCTORY PROVISIONSNOW, THEREFORE the Parties agree as follows: 1. DefinitionsWhen used in this Contract, the following terms shall have the meanings hereinafter set forth:

2 a.to Contractor from a source other Quota.b.for the Livermore Valley Groundwater Basin, as that document may be updated or amended from time to time by the Board, or any subsequent Groundwater Sustainability Plan adopted under the SGMA for the management of the Livermore Valley Groundwater Basin.c.Control and Water Conservation District.d.n obtaining groundwater from the Main Basin by pumping or any other means, from wells, shafts, tunnels, excavations or other sources of such groundwater, for domestic, municipal, irrigation, industrial or other use.e. "Groundwater Pumping Quota" shall mean that quantity of water that the Contractor is entitled to extract from the Main Basin without paying a recharge fee to Zone 7. GPQ is calculated based on the historic Safe Yield of the Main Basin.f. "In-Lieu Treated Water" shall mean that quantity of treated water delivered from Zone 7 in exchange for an equal reduction in Contractor's extraction of its Groundwater Pumping Quota.g. "Main Basin" shall have the same meaning as that term is defined in the Alternative GSP, and shall include both upper and lower aquifers of the Main Basin. The Main Basin is depicted in greater detail in Exhibit A.h.midnight) water volume a Contractor has demand for over a given interval (i.e. weekly, monthly, yearly). i.Municipal & Industrialshall include Contractor or any other party to a similar wholesale M&I Contract with Zone 7.j. "Municipal & Industrial Water Supply" shall mean a supply of water from Zone 7 to each M&I Contractor regardless of the source of said water or Contractor's end use of that supply.k.shall mean the quantity of water that can be successfully extracted from the Main Basin on an annual basis over an extended number of years without reducing groundwater storage. Such safe yield is the net quantity of groundwater added to the Main Basin by stream percolation (including percolation from stream releases required for prior water rights), rainfall percolation, applied irrigation water percolation, and net subsurface inflow.Safe Yield does not include imported water. The Safe Yield for the

3 Main Basin was estimated at approximately 13,400 acre-feet per year in 2021.l.Water Code § 10721(w), and calculated as set forth in the Alternative GSP. m. "Treated Water" shall mean water that is processed as necessary to comply with drinking water requirements of the California State Water Resources Control Board Division of Drinking Water, the United States Environmental Protection Agency and other agencies with pertinent regulatory authority.n. "Turnout Facilities" shall mean Zone 7 facilities required to provide treated water deliveries from Zone 7's water system to the Contractor's water system. See Exhibit B for a schematic of a typical turnout facility.2. Term of ContractThis contract shall become fully effective as of the date indicated above, and shall continue until December 31, 2055 unless earlier terminated or extended by written agreement of the Parties.3. CommunicationZone 7 shall endeavor to communicate with its M&I Contractors on an ongoing basis to inform M&I Contractors of updates to policies and procedures which may be of interest to M&I Contractors and solicit input as appropriate.B. WATER SERVICE4.defined in Exhibit C, attached hereto and incorporated. Exhibit C may be amended bythe written agreement of the Parties which agreement shall not be unreasonably withheld, conditioned, or delayed. Provided that any change in Contractor Service Areamay separately be subject to the requirements of the Local Agency Formation Commission, Public Utility Commission or other agency having authority to set service areas. Any future areas outside Zone 7 boundaries to be served by Contractor which receive water from sources other than Zone 7 or the Main Basin shall not be considered part of the Contractor's Service Area under the terms of this contract. Contractor may not add additional areas to its Service Area that are boundaries except upon a finding of the Board that providing water to that area is in the best interests of Zone 7.Notwithstanding the foregoing, Contractor may request Zone 7written permission to provide temporary/construction water service to users outside of its Service Area, or

4 Service Area, so long as the end use of the water remains within the Zone 7 jurisdictional boundary.5. Exclusive SupplierContractor shall procure all water for use within its Service Area by purchase from Zone 7 pursuant to this Agreement and through exercise of its Groundwater Pumping Quota.Contractor shall not contract for, purchase or receive, with or without compensation, either directly or indirectly, water for use in its Service Area from any other source except pursuant to the exceptions identified in Section 9 below. Water purchased by Contractor under this Agreement or extracted as part of Contractor's Groundwater Pumping Quota may not be delivered by Contractor to any area other than Contractor's Service Area, except as required for responding to short-term state or federally declared emergencies; or for protection of public health and safety.6. Quality of WaterTreated water to be delivered under this Agreement shall be of a quality that complies with the Requirements for Drinking Water of the California State Water Resources Protection Agency or their successor regulatory agencies. Zone 7 will endeavor to blend and treat its different sources of water within its operational capabilities to provide water of approximately equal quality to each Zone 7 M&I Contractor and aesthetically acceptable to the Contractors customers. Zone 7 will endeavor to provide treated water and communicate in accordance with its Water Quality Policy.7. Availability of WaterAll deliveries under this Agreement are subject to the availability of water. The availability of water may be limited by outside factors including, but not limited to: drought; facilities outages; or limits on groundwater extraction capacities. InZone 7 will use best efforts to procure water for deliveries, whether under existing contracts, transfers, groundwater bank extractions, or other sources, based on the volumes and timing identified in the approved annual delivery schedules for each M&I Contractor. In the event that the supply of water projected by Zone 7 to be available for delivery to each M&I Contractor is less than the total amount included in the approved delivery schedule of each M&I Contractor for that year, Zone 7 shall notify all M&I Contractors of a water shortage.As necessary to respond to the water shortage, Zone 7 shall reduce scheduled deliveries under this Agreement Service Area, provided that Zone 7 may apportion on another basis if such is required to meet

5 minimum demands for domestic supply, fire protection, public health, and/or state and federal regulatory requirements during the year, including but not limited to emergency regulations. Zone 7 shall give Contractor written notice as far in advance as possible of any reduction in deliveries that would be necessary because of a shortage in water supply. 8. Water ConservationIn order to increase water supply by demand reduction or to comply with applicable state or federal regulatory requirements, Zone 7 will undertake and support water conservation programs forDougherty Valley. To that end, Zone 7 will develop, implement or participate in such programs and enter into agreements with other M&I Contractors, and other entities to make more efficient use of water supplies through water conservation programs implemented in accordance with the policy direction of the Board and in coordination with other regional planning efforts.9. Alternate SupplyNotwithstanding the provisions of Section 5, Contractor shall be excused from its obligation to source water solely through Zone 7 or pursuant to its Groundwater Pumping Quota under the following circumstances: a) Where water received is necessary for fire flow or fire storage requirements, protection of public health and safety or other emergency purposes, provided that only those quantities necessary for such extraordinary purposes shall be considered Alternate Supply;b) In the event that water delivered to a Turnout Facility does not comply with state or federal regulatory requirements for drinking water, in which case the Alternate Supply obtained shall be limited to the amount necessary to meet Contractor's treated water needs as a result of Zone 7's non-compliance with those regulatory requirements; orc) In the event that Zone 7 is unable to deliver the quantity of treated water . Under those circumstances, Zone 7 shall specify the quantity of treated water that it cannot deliver and the time period for which it cannot satisfy the he Alternate Supply obtained shall be limited to the period of time and quantity during which Zone 7 cannot satisfy the Contractor's delivery request; ord) Where the Alternate Supply is groundwater extracted by Contractor fromaquifers outside the Main Basin, provided that the extraction is consistent with SGMA, insofar as it does not result in exceedances or violations of the Alternative GSP and does not impair the sustainable management of the Livermore Valley Groundwater Basin. Zone 7, acting in its capacity as the

6 exclusive Groundwater Sustainability Agency for its boundaries, will provide prompt notice to Contractor where it has reason to believe that any such extraction does not meet this bar.e) Where the Alternate Supply is recycled wastewater treated by a Zone 7 M&I Contractor for reuse as permitted by the State Water Resources Control Board and other agencies with jurisdiction.In addition to the foregoing, Contractor may be excused from its obligation to purchase water solely from Zone 7 or through exercise of its Groundwater Pumping Quota where (1) the Board provides prior written approval for the Contractor to receive Alternate Supply in lieu of Zone 7 deliveries; and (2) the Contractor has compensated Zone 7 forits obligated fixed costs associated with the quantity of Zone 7-delivered water that the Contractor intends to forgo. These fixed costs shall include but are not limited to water facility improvements, water contract obligations, debt service, and other costs ordinarily recovered through the sale of water to Contractor. Contractor written requests to receive an Alternate Supply pursuant to this paragraph shall be promptly considered by Zone 7 and approval shall not be unreasonably withheld.Zone 7 needs to be protected from any obligation to supply water to projects or customers which the Contractor has supplied from sources other than what has been directly purchased from Zone 7. In addition to the protections provided in Section 43,Contractor shall indemnify, save and hold harmless Zone 7 from any and all obligations, liability, responsibility, costs, expenses, or fees associated in any way with any Provided, however, that if Contractor is instructed by Zone 7 to acquire water from 5, and which has been previously acquired from third parties as an Alternate Supply pursuant to this Section 9, Zone 7 shall save and hold harmless Contractor from any and all obligations, liability, responsibility, costs, expenses, or fees that may arise from such third parties as a result of that change.10. Measurement of Treated Water Deliveriesa) Zone 7 shall measure and record the volumes of water that Zone 7 delivers to Contractor. In the event that a flow meter is inoperable, malfunctioning, or in error (including any testing done under Sections 10(b) or 10(c)), such that water delivery volumes are not accurately recorded or measured within 2%, Zone 7shall confer with the Contractor prior to making a reasonable estimation of water deliveries to the Contractor during that period of inoperability, malfunction or error, up to a maximum adjustment period of 6 months.b) Zone 7 shall test turnout meters at least annually, consisting of verifying and adjusting meters and associated instrumentation, using a method approved by Zone 7 consistent with meter manufacturer instructions or with industry

7 practices. Results of this testing and adjustments (if any) made to the meter and associated instrumentation shall be provided promptly to Contractor. The Contractor shall have the right to be represented by a qualified observer during any instrumentation and/or meter tests and/or verification.c) . The testing shall be consistent with standard methods recommended by the meter manufacturer, or other methods consistent with industry practices, as agreed upon by the Contractor and Zone 7. In the event testing demonstrates an error exceeding 2%, the expenses of the test will be assumed by Zone 7.11. Delivery Schedule of Municipal & Industrial WaterContractor shall submit a preliminary water delivery schedule annually on a form provided by Zone 7. This preliminary water delivery schedule will include: (1) an Groundwater Pumping Quota required by Contractor for the succeeding 5 calendar years, set out on a monthly basis; and (2) the anticipated Maximum Day Treated Water Demand from Zone 7 for each such year. approve the schedule or make such revisions as may, in the judgment of Zone 7, be necessary to make deliveries to Contractor. Zone 7 will use its best To the delivery schedule for an amount not less than the amount of water set forth in that C Zone 7 shall identify the reason for any revisions or disapproval of Contractor's delivery request. Zone 7 shall nSections 7, 12, 13, and 14.12. Operational Requirementssimultaneously, and peak deliveries may be curtailed or unintentionally reduced fromtime to time in response to limitations in system capacity. Zone 7 may at its sole discretion elect to regulate flows, provided, however, that so long as water and Zone 7 system capacity are available, Zone 7 will endeavor to meet all reasonable demands for peak deliveries and will use reasonable diligence to provide a regular and uninterrupted supply of water from its turnout facilities. Zone 7 shall communicate its actions to regulate or reduce flows to the Contractors as soon as reasonably practicable.

8 13. Temporary Curtailment of DeliveryZone 7 will make all reasonable efforts to provide continuous service to Contractor but may schedule to temporarily discontinue or reduce the delivery of water to Contractor for the purpose of necessary investigation, inspection, maintenance, repair or replacement of any of the facilities necessary for the delivery of treated water to Contractor.Zone 7 shall notify Contractor as far in advance as possible of any scheduled discontinuance or reduction and the estimated duration of such discontinuance or reduction, and shall use its best efforts to avoid disruptions in service to Contractor. In the event of any discontinuance or reduction in delivery of water, Contractor may elect to reschedule the water otherwise identified for delivery in the approved water delivery schedule, subject to the availability of system capacity and considering the approved delivery schedules of all other M&I Contractors.14. Suspension of ServiceIn the event that Contractor shall be delinquent in the payment for water for more than 90 days after the due date (as said due date is defined in Section 32), such delinquency shall be called to the attention of the Board for resolution. The Board may, in its discretion and after giving Contractor an opportunity to be heard, order the suspension or reduction of service to Contractor.C. TURNOUT DESIGN & CONSTRUCTION15. Requests for Turnout FacilitiesRequests for additional turnout facilities are subject to review and approval by Zone 7. Prior to the design or construction of a turnout facility, Contractor shall deposit with Zone 7 an amount of money estimated by Zone 7 to cover all costs to be incurred by Zone 7 for that design or construction. Such costs include but are not limited to design, engineering, design review, construction, right-of-way acquisition, inspection, costs may be included in the monthly invoices provided to Contractor pursuant toSection 32.Following the completion of the design or construction of the turnout facility, Zone 7 will provide Contractor with an accounting of the actual costs incurred by Zone 7 in the completion of that design or construction. The deposit shall be applied to the actual costs incurred by Zone 7, and the appropriate refund or invoicing to Contractor will be made. Contractor shall make payment; or Zone 7 shall issue a refund on any excess remaining submission of said statement. Contractor shall have the right to audit the records of Zone 7 for the purpose of verifying actual costs.

9 16. Design of Turnout FacilitiesZone 7 shall design the turnout facilities for the present design flow range set forth inSection 20 with provisions for future modifications in accordance with the anticipated future maximum flow rate.Turnout facilities shall include the necessary valves, piping, meter and recording equipment, vaults, power supply, buildings, telemetry equipment and any other appurtenances necessary to meet the standards and operational needs of Zone 7, and shall be designed and constructed based on the ranges of flows set forth in Section 20.If turnout facilities are designed by Zone 7, Zone 7 shall submit its design of new turnout facilities to Contractor for review and comment. Zone 7 will consider the comments before finalizing the design. Alternatively, if the Contractor or its consultant choose to design turnout facilities, Contractor shall submit the design to Zone 7 for review and written approval prior to construction. Said design shall incorporate the standards and requirements of Zone 7.17. Turnout Construction & MaintenanceUnless otherwise specified in writing, the following provisions apply to the design, construction, maintenance, and operation of turnout facilities installed under this Agreement:a) Turnout locations will be determined by Zone 7 after consultation with Contractor. Zone 7 will make reasonable efforts to locate turnouts at the general location requested by Contractor. Contractor will provide Zone 7 with the necessary rights-of-way and/or rights of access, as determined by Zone 7, for the purposes of constructing, operating and maintaining said turnout facilities.b) Ownership of turnout facility, including the shut off valve downstream of the turnout facility, shall be with Zone 7. Zone 7 may determine, after meeting and conferring with the Contractor, that the turnout facility has been abandoned after 3 consecutive years of non-use by Contractor.c) Contractor shall have no obligation to operate, maintain, repair, replace or relocate the turnout facility. Provided, however, that Contractor or Clandscaping in and around the turnout unless, and for only as long as,Zone 7 specifically waives that obligation.d)As part of construction of new transmission pipelines, Zone 7 shall install the tee segment of the transmission pipeline that will serve the -line valves and the isolation valve on the tee. For turnout facilities requested by Contractor subsequent to the construction of any new Zone 7

10 transmission pipeline, Contractor shall pay for construction of modifications to the transmission pipeline, including insertion of a new tee or other connection and associated in-line valves and the isolation valve on the tee, serving the turnout facility,in addition to any other costs described in Section 15.18. Operations and Damage to FacilitiesEach Party shall exercise reasonable care in the performance of its obligations and rightsimpaired or damaged. In the event that Contractor, by carrying out its obligations under this Agreement or in any other course of its operations damages Zone 7 facilities or structures, including but not limited to turnouts installed under this Agreement, theContractor shall reimburse Zone 7 for costs of repairing those facilities.19. Inspection of FacilitiesContractor may, upon request, and in the presence of a Zone 7 representative, inspect its associated turnout facilities. monthly flow measurements and records taken from that Contractorturnout facilities. 20. Ranges of FlowThe range of flow rates of water through a turnout facility may vary considerably over the contract term. A normal range of flow rates for a turnout facility is hereby established as from 10% to 100% of the maximum approved design flow rate.Prior to the turnout design, Contractor shall provide Zone 7 with the anticipated ultimate (future) maximum flow rate and anticipated present design range of flow rates, facility. The maximum design flow rate shall not exceed 10 times the minimum design flow rate for this range in normal installations as approved by Zone 7.Contractor is responsible for regulating flow demands through the turnout facility such that the range of flow rates set forth in the turnout design criteria will be maintained.Zone 7 may at its sole discretion elect to regulate flows. Zone 7 may modify turnout facilities upon request of Contractor or at such time that the actual flow rate exceeds the maximum design flow rate or is less than the minimum design flow rate; provided, however, that flow rates resulting from emergencies shall not apply to such requirement for modification. Said modification will be at the expense of the Contractor and payment thereof shall be invoiced to Contractor in accordance with Section 32.

11 D. GROUNDWATER EXTRACTION21. Rights to and Management of Groundwater in the Main BasinZone 7 acknowledges Contractor's right to extract groundwater based on Contractor's historical groundwater extractionsPumping Quota in Contractor's original M&I Contract with Zone 7. Contractor acknowledges that Zone 7 manages the Main Basin and that Zone 7 recharges, stores, and extracts from the Main Basin as necessary to supply water to each Contractor. Accordingly, Contractor shall not extract more than its Groundwater Pumping Quotafrom the Main Basin in any calendar year except as specifically authorized by this Agreement. The Groundwater Pumping Quota set forth in this Agreement is not a formal confirmation or quantification of any underlying right held by Contractor. Each Party reserves all rights to pursue an adjudication of the Main Basin, or any other legal action on extraction of groundwater that may groundwater from the Main Basin. Furthermore, Zone 7 reserves its authority to levy areplenishment assessment on the extraction of any groundwater, including Contractor's Groundwater Pumping Quota (excluding any adjudication of the Safe Yield), as necessary to protect the water supplies for users within Zone 7.Groundwater Sustainability Agency for the Livermore Valley Groundwater Basin. Nothing pursuantnecessary actions to secure the sustainability of the groundwater basin under Water Code section 10725 and following. These statutorily authorized actions may include, but are not limited to, restrictions on pumping, metering requirements, and the imposition of fees. 22.Contractor shall be entitled to a Groundwater Pumping Quota (GPQ) equal to 3,500acre-feet annually of extractions from the Main Basin. Contractor may carry overportions of its GPQ from year to year, as described in Section 23, below. Water extracted under Contractor's Groundwater Pumping Quota may not be transferred or used outside of the .and accumulated carryover will be subject to a recharge fee, as set forth in Section 30, below. Water from other sources that has been recharged and banked within the Main Basin by Contractor with the consent of GPQ or assessed a recharge fee.

12 23. Carry-over of Groundwater Pumping QuotaIn any calendar year, Contractor may carry-over the unextracted portion of its Groundwater Pumping Quota for extraction from the Main Basin during subsequent -over or accumulated carry-over shall not exceed 20 percent of the Contractor's Groundwater Pumping Quota, and shall not include any Groundwater Pumping Quota waived under the In-Lieu Treated Water provision of Section 27.24. Transfers of Groundwater Pumping QuotaTemporary or permanent transfers of a Contractors Groundwater Pumping Quota are permitted only (1) between Zone 7 Contractors, and (2) for use within the Zone 7 boundaries. Such transfers are subject to the written approval of Zone 7, which approval shall not be unreasonably withheld, provided that the proposed transfer does not impede the sustainability goals outlined in the Alternative GSP.25.Contractor's Groundwater Pumping Quota shall not be increased without the consent of the other remaining M&I Contractors with a Groundwater Pumping Quota.by the Zone 7 Board of Directors, sitting as the Board of Directors for the Groundwater Sustainability Agency for the Livermore Valley Groundwater Basin, that such a reduction is necessary to maintain the Safe Yield of the Livermore Valley Groundwater Basin.Before enacting such a reduction, Zone 7 shall meet and confer with Contractor regarding the need for the reduction. Contractor will be provided notice and an opportunity to comment on any proposed reduction prior to enactment.26. Reporting Groundwater ExtractionTo the extent applicable to each Contractor, each Contractor shall report the amount of groundwater extracted from the Main Basin and any water obtained from other sources (including any water recharged to the Main Basin) in a given month on or before the fifteenth day of the following month. This report shall be made on a form or forms provided by or acceptable to Zone 7, and shall include total volume used or extracted, flow rate, and any other data necessary to confirm total extractions. Contractor shall beresponsible for verifying the data reported to Zone 7 under this Section, including calibration and testing of meters and associated instrumentation at least annually. to the same provisions for inspection, accuracy and testing of meters and instrumentation by Zone 7 as is provided to Contractor in Section 10.

13 27. In-Lieu Treated WaterDuring periods when sufficient water is available to Zone 7 at reasonable cost and Zone 7 desires to raise or maintain groundwater levels, Zone 7 may offer delivery of treated -Zone 7 shall notify Contractor regarding the availability of In-Lieu Treated Water on or about May 1 of each calendar year, however, said rates may be retroactive for the entire calendar year or other mutually agreed upon portion thereof. Credit or payment for In-Lieu Treated Water will be as provided for under Section 31.Contractor is not required to take or purchase any In-Lieu Treated Water. The amount of In-Lieu Treated Water that Contractor may receive shall not exceed its Groundwater Pumping Quota plus any accumulated carry-over or its operational capability to extractsaid Groundwater Pumping Quota and accumulated carry-over.28. Water Delivery Shortage Emergency ExtractionsDuring a water supply emergency, as declared by the Board, in which Zone 7 is unable to deliver the quantity of treated water as approved on the delivery schedule, and subject to approval by the Board, the Contractor may extract water from the Main Basin in excess of the Contractor's Groundwater Pumping Quota at a reduced recharge rate. Said rate shall be the same as the In-Lieu Treated Water rate.E. CHARGES AND PAYMENT29. Rate ScheduleThe Board shall adopt and publish a rate schedule for charges levied pursuant to this Agreement, including each of the following:(a) Treated water rates(b) In-Lieu Treated Water(c) Water Connection Fees(d) Recharge feesEach charge shall be based on the cost of providing service, and shall not be unreasonable, arbitrary, or discriminatory. The Board shall review the proposed rates at a September Board meeting, with the goal of establishing the rate schedule no later than the November regular Board meeting prior to January 1 of the calendar year for which the rate schedule is to be effective. Notwithstanding, the rate schedule shall be adopted at least 60 days prior to it

14 becoming effective. Upon adoption the rate schedule will continue in full force and effect until modified or repealed by the Board. Such rates shall be developed with applicable laws and regulations, including the California Constitution.30. Recharge FeeIn any calendar year, if Contractor exceeds its Groundwater Pumping Quota plus any accumulated carry-over, Contractor shall be assessed a Recharge Fee for each acre foot of water (or portion thereof) in excess of said amount. The Recharge Fee schedule shallbe calculated to reflect the cost to Zone 7 of replenishing the Main Basin in the amount of the excess extraction, including but not limited to the cost to purchase or develop the water, as well as the cost to construct, maintain, and operate the facilities needed to import, distribute, store, treat, and recharge said water into the Main Basin for the benefit of each M&I Contractor. The recharge fee shall be charged to Contractor in accordance with the rates included in the adopted rate schedule. Notwithstanding the foregoing, the Recharge Fee may be suspended by Zone 7 in the event that Zone 7 determines that other funding mechanisms are in place that adequately address the costs of replenishing groundwater in the Main Basin. 31. In-Lieu Treated Water CreditZone 7 shall include an In-Lieu Treated Water Rate in the adopted rate schedule. In any calendar year in which the Contractor has participated in In-Lieu Treated Water deliveries as set forth in Section 27, Zone 7 shall determine the amount of delivered treated water that should be charged at the adopted In-Lieu Treated Water rate. Zone 7 shall reconcile deliveries and credit or make payment to the Contractor the difference between the treated water rate and the In-Lieu Treated Water rate on or before May 1of the calendar year following such deliveries.Contractor acknowledges that any credits or payments received under this Section are received in-lieu of the Contractor's right to extract its Groundwater Pumping Quota, and Contractor agrees that its Groundwater Pumping Quota and any accumulated carry-overshall be reduced by an amount equivalent to the amount of In-Lieu Treated Water delivered by Zone 7 to Contractor for the year in which the delivery is made.32. Payments and InvoicingContractor shall be invoiced on a calendar month basis for treated water deliveries, temporary treated water service, and recharge fees based on the data obtainedpursuant to Sections 10 and 26. Contractor shall pay promptly all charges invoiced by Zone 7 for charges incurred in the preceding month and to become due and payable within 30 days from date of invoice.

15 If the Contractor in good faith disputes the accuracy of any invoice submitted pursuant to this Section, the Contractor will submit a notice to Zone 7 identifying the disputed cost within 15 days of receipt of the invoice. If the dispute is not resolved prior to the due date for that invoice, Contractor shall submit payment of the contested amount under protest.If the parties resolve the dispute in a manner that recognizes a payment by the Contractor that exceeds what is required under this Agreement, the amount of the excessive payment will be reflected by Zone 7 as a credit against future payments due from the Contractor. 33. Delinquent PaymentsIn the event that Contractor is delinquent in the payment of invoiced charges for more than thirty (30) days after the due date, delinquent amounts shall accrue interest commencing on the due date and continuing each month thereafter until payment of both the principal amount of such charges and the interest thereon is paid in full. The annual rate of interest is equal to five percent (5%) plus the current Federal Reserve district of San Francisco Primary Rate in effect on the date the invoice becomes delinquent.F. GENERAL PROVISIONS34. Entire AgreementThis document constitutes the entire Agreement between the parties relative to the services specified above. The parties acknowledge and agree that there are no understandings, agreements, terms, or conditions with respect to the subject matter of this document except for those contained in this writing. Each person signing this Agreement represents and warrants that s/he has authority to enter into this Agreement on behalf of the party for whom s/he is signing.35. Third Party BeneficiariesNo third-party beneficiaries are intended or created by this Agreement.36. Dispute Resolution The Parties agree to attempt in good faith to resolve all disputes informally. If agreed to by the Parties, alternate methods of dispute resolution, such as mediation, may be utilized. 37. RemediesBy reason of the specialized nature of the water service rendered, and for the further reason that the extent of any damage caused to either party by the other by reason of

16 any breach of this contract or agreement may be extremely difficult to determine, it is agreed by the parties hereto that an action for damages is an inadequate remedy for any breach, and that specific performance, without precluding any other remedy available in equity or law, will be necessary to furnish either party hereto with an adequate remedy for the breach thereof.38. SeveranceIf a court or other tribunal of competent jurisdiction holds that any provisions of this Agreement are invalid, illegal or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.39. AssignmentThis contract is not for the benefit of any person, corporation or other entity, other than the parties hereto, and no person, corporation or other entity except the parties hereto, shall have any rights or interest in or under this contract unless otherwise specifically provided herein. Except as otherwise provided in this Agreement, Contractor shall not assign or transfer any rights or privileges under this contract, either in whole or in part, without the prior written consent of Zone 7, which consent shall not be unreasonably withheld, or make any transfer of all or any part of its water system, or allow the use thereof, in any manner whereby any provisions of this contract will not continue to be binding on it, its assignee or transferee, or such user of the system. This contract and the rights and responsibilities provided for herein shall be binding on the successors and assigns of the parties hereto.40. VenueThe laws of the State of California shall govern the interpretation and enforcement of this Agreement, and venue shall be the Alameda County Superior Court.41. Contract ModificationThis contract may be amended or modified any time only by mutual written agreement of the parties.42. No Guarantee of Water SupplyWhile Zone 7 will use its best efforts to meet Contractor demand, consistent with the requirements of Sections 6 and 7 of this Agreement, neither Zone 7 nor any of its officers, agents, or employees shall be liable to Contractor for damages, breach of contract claim, or otherwise associated with the failure, suspension, diminution, or other variations of service occasioned by any cause beyond the control of or without the negligence or willful misconduct of Zone 7. Such causes may include, but are not

17 restricted to, acts of God, acts of war, or criminal acts of others, acts of Contractor or M&I Contractors, water shortages, drought, regulatory constraints, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, or failure or breakdown oftransmission or other facilities including but not limited to State Water Project facilitiesoutside the Zone 7 service area.43. Liabilities & IndemnificationIn performance of this Agreement, each Party, its agents, employees, and contractors, shall act in an independent capacity and not as officers, employees, or agents of any other Party. No Party assumes any liability for the activities of any other Party inperformance of this Agreement. Each Party shall be responsible for any adverse impacts to, or complaints from, its own customers that may result from the operation or performance of this Agreement, except as arising out of or resulting from the negligent acts, errors or omissions, or willful misconduct of the other Party, their associates, employees, sub-consultants, or other agents.Contractor assumes liability for treated water delivered under this Agreement when delivery system. Accordingly: (a) Contractor shall indemnify, save and hold harmless Zone 7 and its officers, agents, and employees from damages or claims of damages associated with the control, carriage, handling, use, disposal, or distribution of treated water after such water has passed through the turnout facility, including but not limited to property damage, personal injury or death, except such claims arising from the negligence or willful misconduct of Zone 7. Contractor shall furtherindemnify, save and hold harmless Zone 7 from any and all obligations, liability, acquisition, delivery, or use of Alternate Supply pursuant to this Agreement.(b) Zone 7 shall indemnify, save and hold harmless the Contractor and its officers, agents, and employees from damages or claims of damages associated with the control, carriage, handling, use, disposal, or distribution of treated water before such water has passed through the turnout facility, including but not limited to property damage, personal injury or death, except such claims by Zone 7 for costs of repair of Zone 7's facilities or other damages resulting from the operations of Contractor, or claims arising from the negligence or willful misconduct of Contractor.44. RenewabilityThis contract may be renewed upon the mutual consent of the parties hereto. If no such renewal shall take place and in the absence of any new contract, Zone 7 shall nevertheless continue delivery to Contractor in accordance with this contract, that

18 quantity of water set forth in the approved delivery schedule for the last full calendar year before the expiration of the term of this contract. However, if a new contract is not entered into within 2 years from the date of expiration of this contract, then the Board may, at its option, set the terms and conditions for the continued provision of Municipal & Industrial water supply to Contractor.45. CounterpartsThis Agreement may be executed in counterparts by each signatory. The separate executed counterparts, taken together, shall constitute a single agreement. The Parties agree to the use of digital signatures to execute this Agreement. Facsimile, email, digital, and electronic signatures shall be binding.46. NoticesAll notices or other writings in this contract provided to be given or made or sent, or which may be given or made or sent, by one party hereto to another, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered, certified or first class, postage prepaid, and addressed as follows:To Zone 7: General ManagerZone 7 Water Agency 100 North Canyons ParkwayLivermore, CA 94551To Contractor: City ManagerCity of PleasantonPO Box 520Pleasanton, CA 94566The address to which any notice or other writing may be given or made or sent to any party may be changed upon written notice given by such party as provided above.47. SeverabilityIf any one or more of the terms or conditions set forth in this contract to be performed on the part of Zone 7 or Contractor, or either of them, should be contrary to any provisions of law or contrary to the policy of law to such an extent as to be unenforceable in any court of competent jurisdiction, then such terms or conditions, shall be null and void and shall be deemed severable from the remaining terms or conditions and shall not affect the validity of the remaining provisions of this contract.

19 48. Section HeadingsSection headings in this contract are for convenience only and are not to be construed as a part of this contract or in any way limiting or amplifying the provisions hereof.49. WaiverNone of these terms or conditions herein contained can be waived except by mutual written consent.50. Contracts to be Substantially SimilarZone 7 agrees that each contract for a Municipal & Industrial Water Supply hereafter entered into by Zone 7 with any other M&I Contractor shall be substantially similar to those herein set forth and shall not contain any provisions of a material nature more favorable to the other M&I Contractors than the provisions herein. This section shall not restrict Zone 7 from considering other terms and conditions for subsequent Municipal & Industrial Water Supply contracts provided that if such other terms and conditions are not substantially similar, Zone 7 shall notify all M&I Contractors and offer such other terms and conditions to each M&I Contractor. This section shall not limit Zone 7 from entering into other contracts for services not provided for under the terms and conditions of this contract.G. CONTRACTOR-SPECIFIC PROVISIONS51. Operational CoordinationZone 7 and Contractor will make good faith efforts to cooperate with the Contractor on the operation of Zone 7 facilities related to the delivery of contracted water supply, including groundwater production.52. Delivery Schedule Preliminary ApprovalThe Contractor shall submit its annual Preliminary Water Delivery Schedule pursuant to Section 11 to Zone 7 by July 15 of the year prior to the requested water delivery. Zone 7 will make good faith efforts to provide a preliminary assessment of the ContracPreliminary Water Delivery Schedule. Any preliminary assessment from Zone 7 is for information only and is subject to revision as set forth in Section 11.

20 IN WITNESS WHEREOF, the parties hereto and have executed this contract on the date and year first above written.CITY OF PLEASANTON ZONE 7 WATER AGENCYBY_____________________________ BY_____________________________City Manager President, Board of DirectorsATTEST: ATTEST:BY_____________________________ BY_____________________________City Clerk SecretaryAPPROVED AS TO FORM: APPROVED AS TO FORM:BY_____________________________ BY_____________________________City Attorney General Counsel

DHACIENDADRTASSAJARARDFALLON RDBUSCHRD

Item #5

CITY COUNCIL AGENDA REPORT

July 7, 2026
Public Works - Utilities Division

TITLE: RECEIVE AN UPDATE ON ANNUAL REVIEW OF THE CITY'S SEWER SYSTEM MANAGEMENT PLAN FOR CALENDAR YEAR 2025

SUMMARY
State Water Resources Control Board (SWRCB) General Order WQ 2022-0103-DWQ requires the City to maintain a Sewer System Management Plan (SSMP) to properly manage, operate, and maintain its sewer system; reduce and prevent spills; and contain and mitigate spills that do occur. The City’s current SSMP was adopted by Council on June 17, 2025, and certified to the SWRCB on July 24, 2025.

Element 9 of the SSMP indicates that the City will annually review the SSMP for effectiveness, make changes to improve program implementation, and report key performance indicators to the City Council. This agenda report provides the City Council with an update on the City’s annual review of its SSMP for calendar year 2025.

RECOMMENDATION
Receive an update on the annual review of the City’s Sewer System Management Plan for calendar year 2025.

BACKGROUND
The City owns and operates a sewer collection system consisting of approximately 253 miles of gravity sewers, 4.9 miles of force mains, eight siphons, 11 active pump stations, and approximately 21,000 service connections. Average dry-weather flow is approximately 6 million gallons per day (MGD). The City has agreements with Dublin San Ramon Services District (DSRSD) and the City of Livermore, for the Ruby Hill service area, for wastewater treatment and is a member of the Livermore-Amador Valley Water Management Agency (LAVWMA) for treated wastewater disposal. The City also has agreements with Alameda County that allow sewage flows from their Castlewood Service Area to be transported through the City’s collection system for treatment at DSRSD.

Pursuant to State Water Resources Control Board (SWRCB) General Order WQ 2022-0103- DWQ, the City is required to maintain a Sewer System Management Plan (SSMP). The City’s current SSMP was adopted by the City Council on June 17, 2025, and certified to the SWRCB on July 24, 2025. Element 9, Monitoring, Tracking, and Reporting System, indicates that the City will annually review the SSMP for effectiveness, make changes to improve program implementation, and annually report key performance indicators to the City Council.

Staff recently completed the annual review for calendar year 2025, and this agenda report serves as that annual update to the City Council. The latest version of the SSMP is available on the City’s website: Sewer System Management Plan. Appendix C, Change Log, documents the changes made since City Council adoption in June 2025.

DISCUSSION
Major achievements in implementation of the City’s SSMP during calendar year 2025 are summarized below:
• Prepared the SWRCB-required update to the SSMP, which was adopted by the City Council on June 17, 2025, and certified to the SWRCB on July 24, 2025. The next major update is due to the SWRCB by August 1, 2031.
• Prepared the SWRCB-required electronic service area map and certified it to the SWRCB on November 18, 2025.
• Prepared the City’s Long-Term Sewer Capital Improvement Program (CIP) report, which was approved by the City Council on November 4, 2025. • Updated the City’s Sewer Spill Emergency Response Plan (SERP) based on staff’s annual review. The current SERP is available on the City’s website. • Implemented a new root control program that includes root cutting and chemical applications in target areas identified during pipe inspections to reduce the risk of overflows.
• Established the foundational elements of a Sewer Pipe Blockage Control Program (SPBCP) to reduce the risk of overflows associated with food service establishments (FSEs). The SPBCP includes updated outreach and inspection procedures. • Completed construction of the following CIP project: Denker Drive Emergency Repairs. • Began design of the following CIP projects: Emergency Power Improvements and Lift Station 14 Electrical Improvements.

Major goals for implementation of the City’s SSMP during calendar year 2026 are summarized below:
• Complete the 2026 sewer rate study, which incorporates recommendations from the Long-Term Sewer CIP Report and an internal resource review related to SSMP implementation. If approved by City Council, rate changes would take effect on January 1, 2027.
• Use SMART covers to monitor surcharge conditions in pipe segments flagged for monthly maintenance on the City’s hot spot list to reduce the risks of overflows. • Implement a new manhole inspection program using video cameras and 3D-generated models.
• Update critical spare parts lists and inventories for fleet vehicles, lift stations, and emergency overflow response.
• Prepare lift station emergency response plans.
• Begin inspections of FSEs in accordance with the new SPBCP. • Complete design and begin construction of the following CIP projects: Emergency Power Improvements, Lift Station 14 Electrical Improvements, and Sunol Boulevard Sewer Improvements.
• Begin study and design of the following CIP projects: Force Main Condition Assessment and Denker Drive Area Sewer Improvements.

Table 9-1 of the SSMP provides a list of key performance indicators established by the City to

monitor, track, and report on the effectiveness of program implementation. Table 1 below summarizes the City’s performance during calendar year 2025.

Table 1 – 2025 Key Performance Indicators

As shown in Table 1, the City experienced no overflows in calendar year 2025, which is below the annual target of five occurrences. Overflows in prior years have ranged from one to seven occurrences annually.

For gravity main cleaning and inspection, the City achieved approximately 92 percent and 87 percent, respectively, of the annual target of 190,000 linear feet. Performance below the annual target was primarily attributable to operator shortages in the Utilities Division during calendar year 2025. To help address this issue moving forward, the City has identified the need for on-call contract services to supplement staff, as needed, to meet cleaning and inspection targets. Funding for these contract services has been incorporated into the current sewer rate study.

The City exceeded its targets for lift station inspections and open work orders. Manhole and force main inspections are new programs recommended in the SSMP adopted by the City Council in June 2025, with implementation planned to begin in 2026.

EQUITY AND SUSTAINABILITY
Implementation of the SSMP supports long-term protection of community water resources and helps prepare the City’s infrastructure for changing climate conditions. These efforts contribute to improved water quality, enhanced system reliability, and increased resiliency.

OUTREACH
Outreach occurs as described in Element 11 of the City’s SSMP.

STRATEGIC PLAN ALIGNMENT
Approval of this item supports the ONE Pleasanton strategic plan goal of Investing in Our Environment.

FISCAL IMPACT
There are no fiscal impacts associated with this agenda report.

Prepared by: Submitted by: Approved by:

Siew-Chin Yeong, Director
of Public Works
Siew-Chin Yeong, Director of Public
Works

Joe Calabrigo, Interim
City Manager

Attachments:

None

Item #6

CITY COUNCIL AGENDA REPORT

July 7, 2026
Public Works - Engineering Division

TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO PROFESSIONAL

SERVICES AGREEMENTS WITH ZOON ENGINEERING, CONSOR NORTH AMERICA, INC., AND 4LEAF, INC. FOR ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES, EACH IN AN AMOUNT NOT TO EXCEED $333,333 FOR A THREE-YEAR TERM, WITH OPTIONS FOR TWO ONE-

YEAR EXTENSIONS

SUMMARY
The City relies on professional construction management and inspection services to supplement staff resources within the Public Works Department. In April 2026, staff issued a Request for Qualifications (RFQ) for on-call construction management and inspection services.

Eight Statements of Qualifications (SOQs) were received from interested consulting firms, and four firms were invited to participate in interviews.

Based on the firms’ qualifications, relevant experience, interview performance, references, and demonstrated ability to provide construction management and inspection services, staff recommends approval of Professional Services Agreements with Zoon Engineering, Consor North America, Inc., and 4Leaf, Inc.

If approved, the agreements will provide on-call services from July 7, 2026, through June 30, 2029, with the option to extend for up to two additional one-year terms. The total not-to-exceed amount for all three agreements will be $1,000,000, with $333,333 allocated to each agreement.

RECOMMENDATION

1. Authorize the City Manager to enter into Professional Services Agreements with Zoon Engineering, Consor North America, Inc., and 4Leaf, Inc. for on-call construction management and inspection services, each in an amount not-to-exceed $333,333 for a three-year term, with options for two one-year extensions;

2. Authorize the City Manager to execute the attached Professional Services Agreements; and

3. Authorize the Director of Public Works to approve individual task authorizations up to $100,000, and authorize the City Manager to approve individual task authorizations up to $200,000. Task authorizations exceeding $200,000 shall be presented to the City Council for consideration.

BACKGROUND
On July 20, 2021, the City Council authorized on-call agreements with three consulting firms for construction management, resident engineer, and inspection services. These agreements

were extended for one year in July 2024 and again in July 2025. During the term of those agreements, the three consulting firms completed numerous critical assignments in support of the Engineering Division within the Public Works Department. All current agreements will expire on June 30, 2026.

To ensure these on-call services remain available, staff advertised a Request for Qualifications (RFQ) for on-call construction management and inspection services in April 2026. The RFQ described the services needed, the selection process, and the not-to-exceed budget for each agreement. Through the review and interview process, the three selected consulting firms demonstrated the qualifications, responsiveness, and capacity necessary to provide these services to the City.

DISCUSSION
The Engineering Division of the Public Works Department is responsible for advancing numerous construction projects included in the adopted Capital Improvement Program (CIP) and for ensuring that subdivisions and similar land development projects comply with City approvals and governing regulations. Although the City employs highly skilled Public Works inspection staff, consultant support is periodically needed to supplement internal resources and address workload fluctuations.

Using on-call consultants allows the City to respond more efficiently than procuring services on a project-by-project basis. With consultants already under contract, staff can assign tasks more quickly, maintain project schedules, and obtain specialized services when needed.

Because workload demands vary over time, maintaining agreements with three on-call consultants provides flexibility to assign work based on consultant availability, expertise, and project scheduling needs. The consultants understand that the agreements do not guarantee any minimum amount of work and that the full not-to-exceed budget amount may not be expended during the agreement term. Work will be assigned through task authorizations based on the needs of the Engineering Division.

Staff recommends that the City Council authorize the City Manager to enter into Professional Services Agreements with the following firms:

1. Zoon Engineering

2. Consor North America, Inc.

3. 4Leaf, Inc.

Each agreement would have a not-to-exceed amount of $333,333 over the initial three-year term, with an option to extend for up to two additional one-year terms.

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

OUTREACH
Not applicable as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the citywide ONE Pleasanton Strategic Goals of Investing in our Environment Strategy 1 - Implementation of the Capital Improvement Program, and Building a Community where Everyone Belongs Strategy 9 - Advance the East Pleasanton Specific Plan.

FISCAL IMPACT
Approval of the proposed agreements does not require additional funding. Funding for consultant services is budgeted under individual CIP projects approved by the City Council or funded through developer-paid fees. Specific account coding from the adopted Operating or Capital Improvement Program budget will be assigned when individual task authorizations are issued.

Prepared by: Submitted by: Approved by:

Michael Stella, City
Engineer
Siew-Chin Yeong, Director of Public
Works

Joe Calabrigo, Interim
City Manager

Attachments:

1. Professional Services Agreement with Zoon Engineering

2. Professional Services Agreement with Consor North America, Inc

3. Professional Services Agreement with 4Leaf, Inc

DESIGN PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into July 7, 2026, between the CITY OF PLEASANTON, a municipal corporation (“City”), and Zoon Engineering, whose address is 3960 Adeline Street #3, Emeryville, CA 94608, and telephone number is (510) 338-6434, (“Consultant”).

RECITALS

A. Consultant is qualified to and experienced in providing Construction Management and Inspection services for the purposes specified in this Agreement.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. Consultant’s Services. Consultant shall provide on-call Construction Management and Inspection services for the City of Pleasanton as requested by the Public Works Department, Engineering Division, pursuant to individual Work Authorizations. This Agreement does not obligate the City to utilize Consultant exclusively for these services, and the City reserves the right to select other consultants for these services based on City need. City guarantees no level of work to be directed.

2. City Assistance. In order to assist Consultant in this work, City shall provide, if necessary, contract plans and specifications, archive drawings and reports, related to existing City’s facilities, aerial photography, City’s standard specifications and design guides, answering non- technical questions during bid period, reviewing all Consultant’s deliverables and providing comments in a timely manner, AutoCAD files for City’s title block and standards and record drawings related to the City’s existing utilities.

3. Staff. Consultant shall assign Nabil Hissen, P.E. to serve as Project Manager, who may not be replaced without written consent of City.

4. Term. Time is of the essence. Consultant shall begin work July 7, 2026. The work as described in Exhibit A, Scope of Work, shall be completed by June 30, 2029. At the sole discretion of the City, the contract may be extended up to an additional two years for a maximum term through June 30, 2031.
 Exhibit A
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9
Attachment 1

5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $333,333 for the term of the Agreement.

As for each work authorization, compensation for services and reimbursement for costs shall not exceed the amount set in each executed Work Authorization unless the parties agree pursuant to Section 8, below.

For the services to be rendered, City shall pay Consultant on a time and material basis based on hourly rates with annual adjustment capped at 4% annually as described more particularly in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement.

Annual adjustments will be based upon the CPI-U for the San Francisco Area as issued by the US Bureau of Labor Statistics and submitted prior to the end of the fiscal year for approval.

Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice.

a. Invoices submitted to City must contain a brief description of work performed, percentage of work completed, percentage of Agreement time used, percentage of Agreement amount expended and City reference number _____________. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.

b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

6. Sufficiency of Consultant’s Work.

a. Services shall be performed by Consultant in accordance with generally accepted high professional practices and principles and in a manner consistent with a high level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and a high professional standard of care in California.

b. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.

c. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subconsultants.

d. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or

disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the willful misconduct of Consultant.

7. Ownership of Work. All reports, work data, plans, drawings, specifications, designs, photographs, images, works of authorship and all other documents completed or partially completed by Consultant in the performance of this Agreement (“materials”) shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement.

If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential and the materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Changes. City may request changes in the scope of services to be provided by Consultant.

Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

9. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

10. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and payment of prevailing wages as determined by Director of the California Department of Industrial Relations.

Consultant shall post, at each job site, a copy of the prevailing rate of per diem wages.

Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subconsultant.

11. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then

only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law (including, without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the City and its officers, agents and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) arising from, or alleged to have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”) in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, cost, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. To the extent that there is an obligation to indemnify under this Section 13, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, reckless or willful misconduct.

Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence, active negligence or willful misconduct of such Indemnitee. Obligation to defend shall be proportionate as to Consultant’s percentage of fault as provided in California Civil Code § 2782.8.

14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:

a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.

b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.

c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.

d. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.

e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.

f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.

g. Defense Costs. Coverage shall be provided on a “pay on behalf" of basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These requirements do not apply to Professional Liability.

h. Subconsultants. Consultant shall include all subconsultants as insured under its polices or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Zoon Engineering To City: City Manager 3960 Adeline Street #3 City of Pleasanton Emeryville, CA 94608 P.O. Box 520
Pleasanton, CA 94566

16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

18. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.

19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.

21. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

23. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

24. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.

25. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

26. Scope of Agreement. This writing constitutes the entire Agreement between the parties.

Any modification to the Agreement shall be in writing and signed by both parties.

THIS AGREEMENT executed the date and year first above written.

CITY OF PLEASANTON CONSULTANT

__________________________ By: __________________________ Joe Calabrigo, Interim City Manager Signature

ATTEST: ________________________
___________________ Print Name
Jocelyn Kwong, City Clerk Its: __________________________ Title
Approved as to form:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
Print name
Its: __________________________
Title

[If Consultant is a corporation, signatures must comply with California Corporations Code §313] Rev. 11/23

EXHIBIT A

DESIGN PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into July 7, 2026, between the CITY OF PLEASANTON, a municipal corporation (“City”), and Consor North America, Inc, whose address is 2950 Buskirk Avenue, Suite 250, Walnut Creek, CA 94597, (“Consultant”).

RECITALS

A. Consultant is qualified to and experienced in providing Construction Management and Inspection services for the purposes specified in this Agreement.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. Consultant’s Services. Consultant shall provide on-call Construction Management and Inspection services for the City of Pleasanton as requested by the Public Works Department, Engineering Division, pursuant to individual Work Authorizations. This Agreement does not obligate the City to utilize Consultant exclusively for these services, and the City reserves the right to select other consultants for these services based on City need. City guarantees no level of work to be directed.

2. City Assistance. In order to assist Consultant in this work, City shall provide, if necessary, contract plans and specifications, archive drawings and reports, related to existing City’s facilities, aerial photography, City’s standard specifications and design guides, answering non- technical questions during bid period, reviewing all Consultant’s deliverables and providing comments in a timely manner, AutoCAD files for City’s title block and standards and record drawings related to the City’s existing utilities.

3. Staff. Consultant shall assign Tricia Baxter to serve as Project Manager, who may not be replaced without written consent of City.

4. Term. Time is of the essence. Consultant shall begin work July 7, 2026. The work as described in Exhibit A, Scope of Work, shall be completed by June 30, 2029. At the sole discretion of the City, the contract may be extended up to an additional two years for a maximum term through June 30, 2031.
 Exhibit A
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9
Attachment 2

5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $333,333 for the term of the Agreement.

As for each work authorization, compensation for services and reimbursement for costs shall not exceed the amount set in each executed Work Authorization unless the parties agree pursuant to Section 8, below.

For the services to be rendered, City shall pay Consultant on a time and material basis based on hourly rates with annual adjustment capped at 4% annually as described more particularly in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement.

Annual adjustments will be based upon the CPI-U for the San Francisco Area as issued by the US Bureau of Labor Statistics and submitted prior to the end of the fiscal year for approval.

Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice.

a. Invoices submitted to City must contain a brief description of work performed, percentage of work completed, percentage of Agreement time used, percentage of Agreement amount expended and City reference number _____________. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.

b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

6. Sufficiency of Consultant’s Work.

a. Services shall be performed by Consultant in accordance with generally accepted high professional practices and principles and in a manner consistent with a high level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and a high professional standard of care in California.

b. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.

c. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subconsultants.

d. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or

disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the willful misconduct of Consultant.

7. Ownership of Work. All reports, work data, plans, drawings, specifications, designs, photographs, images, works of authorship and all other documents completed or partially completed by Consultant in the performance of this Agreement (“materials”) shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement.

If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential and the materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Changes. City may request changes in the scope of services to be provided by Consultant.

Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

9. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

10. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and payment of prevailing wages as determined by Director of the California Department of Industrial Relations.

Consultant shall post, at each job site, a copy of the prevailing rate of per diem wages.

Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subconsultant.

11. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then

only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law (including, without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the City and its officers, agents and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) arising from, or alleged to have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”) in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, cost, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. To the extent that there is an obligation to indemnify under this Section 13, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, reckless or willful misconduct.

Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence, active negligence or willful misconduct of such Indemnitee. Obligation to defend shall be proportionate as to Consultant’s percentage of fault as provided in California Civil Code § 2782.8.

14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:

a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.

b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.

c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.

d. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.

e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.

f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.

g. Defense Costs. Coverage shall be provided on a “pay on behalf" of basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These requirements do not apply to Professional Liability.

h. Subconsultants. Consultant shall include all subconsultants as insured under its polices or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Consor North America, Inc To City: City Manager 2950 Buskirk Avenue, Suite 250 City of Pleasanton Walnut Creek, CA 94597 P.O. Box 520
Pleasanton, CA 94566

16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

18. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.

19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.

21. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

23. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

24. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.

25. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

26. Scope of Agreement. This writing constitutes the entire Agreement between the parties.

Any modification to the Agreement shall be in writing and signed by both parties.

THIS AGREEMENT executed the date and year first above written.

CITY OF PLEASANTON CONSULTANT

__________________________ By: __________________________ Joe Calabrigo, Interim City Manager Signature

ATTEST: ________________________
___________________ Print Name
Jocelyn Kwong, City Clerk Its: __________________________ Title
Approved as to form:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
Print name
Its: __________________________
Title

[If Consultant is a corporation, signatures must comply with California Corporations Code §313] Rev. 11/23

EXHIBIT A

DESIGN PROFESSIONAL SERVICES AGREEMENT

FOR ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into July 7, 2026, between the CITY OF PLEASANTON, a municipal corporation (“City”), and 4Leaf, Inc., whose address is 2126 Rheem Drive, Pleasanton, CA 94588, and telephone number is (925) 462-5959, (“Consultant”).

RECITALS

A. Consultant is qualified to and experienced in providing Construction Management and Inspection services for the purposes specified in this Agreement.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. Consultant’s Services. Consultant shall provide on-call Construction Management and Inspection services for the City of Pleasanton as requested by the Public Works Department, Engineering Division, pursuant to individual Work Authorizations. This Agreement does not obligate the City to utilize Consultant exclusively for these services, and the City reserves the right to select other consultants for these services based on City need. City guarantees no level of work to be directed.

2. City Assistance. In order to assist Consultant in this work, City shall provide, if necessary, contract plans and specifications, archive drawings and reports, related to existing City’s facilities, aerial photography, City’s standard specifications and design guides, answering non- technical questions during bid period, reviewing all Consultant’s deliverables and providing comments in a timely manner, AutoCAD files for City’s title block and standards and record drawings related to the City’s existing utilities.

3. Staff. Consultant shall assign Gene Barry, P.E. to serve as Project Manager, who may not be replaced without written consent of City.

4. Term. Time is of the essence. Consultant shall begin work July 7, 2026. The work as described in Exhibit A, Scope of Work, shall be completed by June 30, 2029. At the sole discretion of the City, the contract may be extended up to an additional two years for a maximum term through June 30, 2031.
 Exhibit A
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9
Attachment 3

5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $333,333 for the term of the Agreement.

As for each work authorization, compensation for services and reimbursement for costs shall not exceed the amount set in each executed Work Authorization unless the parties agree pursuant to Section 8, below.

For the services to be rendered, City shall pay Consultant on a time and material basis based on hourly rates with annual adjustment capped at 4% annually as described more particularly in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement.

Annual adjustments will be based upon the CPI-U for the San Francisco Area as issued by the US Bureau of Labor Statistics and submitted prior to the end of the fiscal year for approval.

Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice.

a. Invoices submitted to City must contain a brief description of work performed, percentage of work completed, percentage of Agreement time used, percentage of Agreement amount expended and City reference number _____________. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.

b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

6. Sufficiency of Consultant’s Work.

a. Services shall be performed by Consultant in accordance with generally accepted high professional practices and principles and in a manner consistent with a high level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and a high professional standard of care in California.

b. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.

c. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subconsultants.

d. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or

disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the willful misconduct of Consultant.

7. Ownership of Work. All reports, work data, plans, drawings, specifications, designs, photographs, images, works of authorship and all other documents completed or partially completed by Consultant in the performance of this Agreement (“materials”) shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement.

If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential and the materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Changes. City may request changes in the scope of services to be provided by Consultant.

Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

9. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

10. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and payment of prevailing wages as determined by Director of the California Department of Industrial Relations.

Consultant shall post, at each job site, a copy of the prevailing rate of per diem wages.

Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subconsultant.

11. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then

only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law (including, without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the City and its officers, agents and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) arising from, or alleged to have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”) in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, cost, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. To the extent that there is an obligation to indemnify under this Section 13, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, reckless or willful misconduct.

Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence, active negligence or willful misconduct of such Indemnitee. Obligation to defend shall be proportionate as to Consultant’s percentage of fault as provided in California Civil Code § 2782.8.

14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:

a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.

b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.

c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.

d. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.

e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.

f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.

g. Defense Costs. Coverage shall be provided on a “pay on behalf" of basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These requirements do not apply to Professional Liability.

h. Subconsultants. Consultant shall include all subconsultants as insured under its polices or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: 4Leaf, Inc To City: City Manager 2126 Rheem Drive City of Pleasanton
Pleasanton, CA 94588 P.O. Box 520
Pleasanton, CA 94566

16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

18. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.

19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.

21. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

23. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

24. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.

25. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

26. Scope of Agreement. This writing constitutes the entire Agreement between the parties.

Any modification to the Agreement shall be in writing and signed by both parties.

THIS AGREEMENT executed the date and year first above written.

CITY OF PLEASANTON CONSULTANT

__________________________ By: __________________________ Joe Calabrigo, Interim City Manager Signature

ATTEST: ________________________
___________________ Print Name
Jocelyn Kwong, City Clerk Its: __________________________ Title
Approved as to form:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
Print name
Its: __________________________
Title

[If Consultant is a corporation, signatures must comply with California Corporations Code §313] Rev. 11/23

EXHIBIT A

Item #7

CITY COUNCIL AGENDA REPORT

July 7, 2026
Public Works - Engineering Division

TITLE: ACCEPT PUBLIC IMPROVEMENTS PERFORMED BY O'GRADY PAVING INC.,

FOR THE ANNUAL RESURFACING AND RECONSTRUCTION PROJECT, CIP NO. 25503, AND APPROVE BUDGET AMENDMENTS

SUMMARY
The Annual Street Resurfacing and Reconstruction Project included improvements on various streets throughout Pleasanton, identified through the City’s Pavement Management Program, as included in CIP No. 25503. The work included hot-mix asphalt overlay on approximately 994,000 square feet of existing road surface, as well as isolated patch paving and crack sealing on approximately 735,000 square feet of existing road surface in advance of a separate slurry sealing project.

Construction has been completed to the satisfaction of the Director of Public Works. Staff recommends that the City Council accept the project as complete, authorize the City Clerk to file a Notice of Completion, authorize the release of retention, and approve budget amendments returning the remaining project funds to the applicable fund balances.

RECOMMENDATION

1. Accept the Annual Street Resurfacing & Reconstruction Project, CIP No. 25503, as complete and authorize the City Clerk to file a Notice of Completion pursuant to California Civil Code section 9204;

2. Authorize the release of retention in the amount of approximately $204,126 to O’Grady Paving, Inc. 30 calendar days after recordation of the Notice of Completion;

3. Approve a budget amendment to return $64,354 in remaining project funding to the fund balance in the Street CIP-General Fund (Fund 211) for future projects; and

4. Approve a budget amendment to return $370,841 in remaining project funding to the fund balance in the Gas Tax Fund (Fund 160) for future eligible projects.

BACKGROUND
The project was advertised and bids were opened on May 7, 2025. A total of five bids were received. O’Grady Paving, Inc. submitted the lowest responsive bid of $2,875,468, approximately 8.5 percent below the Engineer's Estimate of $3,138,000.

On June 17, 2025, the City Council awarded a construction contract to O’Grady Paving, Inc., of Mountain View, California, in the total amount of $4,038,462.70, consisting of their base bid of $2,875,468 plus Alternative A in the amount of $1,162,994. The City Council also authorized the Public Works Director to approve change orders up to the project contingency amount of $444,231. During construction, a total of four contract change orders were issued, resulting in a net increase of $44,053.09, or 1.01 percent above the original contract amount.

Because a portion of the work was located within the State of California right-of-way, construction was performed under a Caltrans encroachment permit. Upon completion of construction, staff provided Caltrans with the required closeout documentation.

In addition to construction costs, the project included expenditures for consultant contracts and related services, as detailed in Attachment 2.

DISCUSSION
All work has been completed in accordance with the approved plans and special provisions and is ready for final acceptance by the City Council. Acceptance of the improvements will add to the City’s infrastructure inventory for ongoing maintenance.

The road surfacing method used for each street was based on the condition of the existing pavement. The road segments, pavement area in square feet, and treatment methods used are documented in the table below using the abbreviations listed.

1. Hot-mix asphalt overlay (OL)

2. Hot-mix asphalt overlay with pavement-reinforcing fabric (OL/F)

3. Pavement milling and hot-mix asphalt overlay (Mill/OL)

4. Cold-in-place asphalt recycling with hot-mix asphalt overlay (CIR/OL)

STREET NAME BEGIN

LOCATION

END LOCATION AREA
(SF)

TREATMENT
HANSEN DRIVE CALLE REYNOSO VALLEY AVENUE 48,146 OL/F

PASEO SANTA
CRUZ
HANSEN DRIVE CORTE SANTA MARIA 53,317 CIR/OL

PASEO SANTA
CRUZ

CORTE SANTA
MARIA
VIA DE LOS CERROS 40,885 OL/F

VIA DE LOS
CERROS

PASEO SANTA
CRUZ
VALLEY AVENUE 46,299 OL/F

CALLE DE LA
LOMA

PASEO SANTA
MARIA
VIA DE LOS CERROS 29,436 OL/F

CAMINO SEGURA VIA DE LOS
CERROS
PASEO SANTA CRUZ 38,190 OL/F

CAMINO DEL CINO CAMINO DEL

LAGO (WEST)

CAMINO DEL LAGO
(EAST)
13,464 OL/F

CORTE DEL CINO CAMINO DEL
LAGO
END 9,198 OL/F

CORTE MERCADO PASEO SANTA
CRUZ
END 10,188 OL/F

CAMINO DEL LAGO PASEO SANTA
CRUZ
CAMINO SEGURA 41,448 OL/F

CORTE DEL VISTA PASEO SANTA
CRUZ
END 10,460 OL/F

CALLE ALTAMIRA S/O CORTE

MONTEREY
PASEO SANTA CRUZ 25,126 OL/F

CALLE ALTAMIRA CALLE REYNOSO S/O CORTE

MONTEREY
26,010 OL/F
CORTE MATEO CALLE ALTAMIRA END 19,296 OL/F

CORTE ANTONIO PASEO SANTA
CRUZ
END 10,182 OL/F
BLACK AVENUE 38' E/O CALLE

RICARDO
106' W/O CAMINO

BRAZOS (WEST)
25,012 OL/F

FOOTHILL ROAD RACOON

HOLLOW COURT
BERNAL AVENUE 177,750 OL
GIBRALTAR DRIVE HOPYARD ROAD WILLOW ROAD 90,390 OL/F
GIBRALTAR DRIVE WILLOW ROAD 619' N/O HACIENDA
DRIVE
38,997 OL/F
W. LAS POSITAS FOOTHILL ROAD MUIRWOOD DRIVE 65,040 CIR/OL W. LAS POSITAS MUIRWOOD
DRIVE
I-680 25,350 CIR/OL

VALLEY AVENUE OAK VISTA WAY LAGUNA CREEK
LANE
50,000 CIR/OL
COMMERCE DRIVE JOHNSON DRIVE COMMERCE CIRCLE 15,703 MILL/OL

COMMERCE
CIRCLE

COMMERCE
DRIVE
COMMERCE DRIVE 84,118 MILL/OL
TOTAL 994,005

The second component of the project consisted of preparatory work on approximately 735,000 square feet of roadway scheduled for slurry sealing later this year. This work included patch paving (PP) and crack sealing (CS) as documented in the table below.

STREET NAME BEGIN LOCATION END LOCATION AREA
(SF)

TREATMENT

MARIGOLD COURT COLUMBINE
DRIVE
END 17,255 PP/CS

OAK CREEK
COURT

COLUMBINE
DRIVE
END 15,370 PP/CS
OAK CREEK DRIVE FOOTHILL ROAD COLUMBINE DRIVE 23,569 PP/CS

ARBUTUS COURT OAK CREEK
DRIVE
END 6,873 PP/CS

CAMELLIA COURT OAK CREEK
DRIVE
END 8,352 PP/CS

PALM COURT MUIRWOOD
DRIVE
END 14,355 PP/CS

ASPEN COURT MUIRWOOD
DRIVE
END 15,834 PP/CS

ALDER COURT MUIRWOOD
DRIVE
END 17,487 PP/CS

LEMONWOOD
WAY

MUIRWOOD
DRIVE
ASHWOOD DRIVE 14,388 PP/CS
ASHWOOD COURT ASHWOOD DRIVE END 9,909 PP/CS
ASHWOOD DRIVE EASTWOOD WAY LEMONWOOD DRIVE 36,399 PP/CS

EASTWOOD
COURT

MUIRWOOD
DRIVE
END 8,024 PP/CS

EASTWOOD WAY MUIRWOOD
DRIVE
COUNTY LINE 11,877 PP/CS

GRAND CANYON
COURT

VALLEY TRAILS
DRIVE
END 8,140 PP/CS
MT MCKINLEY LASSEN STREET END 8,749 PP/CS

COURT

N GLACIER COURT VALLEY TRAILS
DRIVE
END 15,237 PP/CS

MESA VERDE
COURT

VALLEY TRAILS
DRIVE
END 10,663 PP/CS

SHENANDOAH
COURT

VALLEY TRAILS
DRIVE
END 17,811 PP/CS

S GETTYSBURG
COURT

VALLEY TRAILS
DRIVE
END 8,053 PP/CS

PETRIFIED

FOREST COURT

VALLEY TRAILS
DRIVE
END 8,372 PP/CS

ISLE ROYAL
COURT

VALLEY TRAILS
DRIVE
END 17,580 PP/CS

ZION CANYON
COURT

VALLEY TRAILS
DRIVE
END 19,527 PP/CS

SEQUOIA COURT NATIONAL PARK
ROAD
END 11,937 PP/CS

ACADIA COURT NATIONAL PARK
ROAD
END 11,446 PP/CS

VIRGIN ISLAND
COURT

VALLEY TRAILS
DRIVE
END 20,616 PP/CS

HOT SPRINGS
COURT

VALLEY TRAILS
DRIVE
END 8,372 PP/CS

WIND CAVE
COURT

VALLEY TRAILS
DRIVE
END 19,923 PP/CS

S PLATT COURT VALLEY TRAILS
DRIVE
END 18,075 PP/CS

NATIONAL PARK
ROAD
SEQUOIA VALLEY TRAIL (S) 13,655 PP/CS

NATIONAL PARK
ROAD
VALLEY TRAIL (N) SEQUOIA 13,815 PP/CS

VALLEY TRAILS
DRIVE
PLATT COURT HOPYARD ROAD 59,052 PP/CS

VALLEY TRAILS
DRIVE

ZION CANYON
COURT

PETRIFIED FOREST
COURT
68,302 PP/CS

VALLEY TRAILS
DRIVE

HOPYARD ROAD ZION CANYON
COURT
67,340 PP/CS

In addition to roadway resurfacing, a section of West Las Positas Boulevard was widened at Foothill Road to improve traffic circulation. The existing 50-foot westbound left-turn lane from West Las Positas Boulevard onto southbound Foothill Road was extended by an additional 250 feet. The widening occurred within the City’s landscaped median, and landscaping affected by the project will be evaluated and restored as part of a separate landscaping project.

VALLEY TRAILS
DRIVE

PETRIFIED

FOREST COURT
PLATT COURT 57,424 PP/CS

VIRGIL CIRCLE ARTHUR DRIVE
(WEST)

ARTHUR DRIVE
(EAST)
37,296 PP/CS
KEVIN COURT VIRGIL CIRCLE END 7,067 PP/CS
KIM COURT ARTHUR DRIVE END 6,754 PP/CS
TOTAL 734,989

EQUITY AND SUSTAINABILITY
Approval of this action advances the Climate Action Plan (CAP 2.0) in transportation and land use by promoting a more effective transportation system that supports walking and bicycling.

OUTREACH
Construction notices, social media posts, and project information were posted on the City’s website prior to the start of construction. Construction message boards were installed two weeks in advance of work on major roadways. The contractor also hand-delivered construction notices to businesses and residents within and adjacent to the project area.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the citywide ONE Pleasanton Strategic Goal of Investing in our Environment, Strategy 1 - Implementation of the Capital Improvement Program.

FISCAL IMPACT
Total funding for this project was $4,587,576. Total project expenditures were $4,152,381, resulting in a remaining balance of $435,195, as shown in Attachment 2. Staff recommends returning the remaining project balance to the applicable fund balances as follows: $64,354 to the Street CIP-General Fund (Fund 211, account number 21130120- 440108- 25503) and $370,841 to the Gax Tax Fund (Fund 160, account number 16030231- 440108- 25503) for future projects.

Prepared by: Submitted by: Approved by:

Michael Stella, City
Engineer
Siew-Chin Yeong, Director of Public
Works

Joe Calabrigo, Interim
City Manager

Attachments:

1. Location Map

2. Financial Expenditure Summary

INTERSTATE

CALIFORNIA
680

W LAS POSITAS BLVD

SANTA RITA RD

VALLEY AVE
DONLON

ELEMENTARY
SCHOOL

BERNAL AVE

VAL VISTA
PARK

SUNOL BLVD

FOOTHILL
HIGH
SCHOOL

FOOTHILL RD

STONERIDGE DR

MUIRWOOD

COMMUNITY
PARK
HEARST

ELEMENTARY
SCHOOL

PLEASANTON
MIDDLE
SCHOOL
BERNAL

COMMUNITY
PARK
AREA 1
(DWG A1-1 TO A1-X)

STONERIDGE
MALL

FIRST ST

HOPYARD RD

INTERSTATE

CALIFORNIA
580

GIBRALTAR DR

OWENS DR

HACIENDA DR

CAMINO SEGURA

PASEO SANTA CRUZ

PASEO SANTA CRUZ

HANSEN DR

CALLE ALTAMIRA
AREA 2
(DWG A2-1 TO A2-5)

INGLEWOOD DR

DENKER DR

N VALLEY TRAILS

KEN MERCER

SPORTS PARK
HANSEN
PARK

BLACK AVE
AREA 3
(DWG A3-1 TO A3-2)

HOPYARD RD

ALAMEDA COUNTY

FAIRGROUNDS

JOHNSON
AREA 5
(DWG A5-1)

PLEASANTON
AVE

OAK VISTA
WAY
RACOON

HOLLOW CT

MUIRWOOD DR
AREA 6
(DWG A6-1)

VALLEY AVE
AREA 4
(DWG A4-1 TO A4-4)
DR

COMMERCECIR

CITY OF PLEASANTON

ANNUAL STREETS RESURFACING AND PREVENTATIVE
MAINTENANCE PROJECT CIP NO. 25503

PUBLIC WORKS DEPARTMENT

LOCATION MAP
STREETS RESURFACING 2025
(DRAWINGS ARE NOTED AS SHOWN)
PREVENTATIVE MAINTENANCE 2025
(BASE REPAIR & CRACK SEAL)
Attachment 1

ATTACHMENT 2
Project Funding to Date Amount Totals
2024-25 CIP Allocation (Gas Tax - Fund 160) $1,575,000
2024-25 Transfer from Gas Tax (Fund 160) per CCAR 06/17/25169,364 2024-25 Transfer from CIP 25504, Gas Tax Fund (Fund 160) per CCAR 05/06/25 400,000
2024-25 CIP Allocation (Measure F - Fund 166) 400,000
2024-25 CIP Allocation (MBB Streets - Fund 170) 1,975,000 2024-25 Transfer from Street CIP (Fund 211) per CCAR 06/17/2568,212

TOTAL PROJECT FUNDING TO DATE
Project Expenditures to Date
Advertisting $852
O'Grady Paving Inc. - Construction Contract (Contract No. 2026050)4,038,463 O'Grady Paving Inc. - Contract Change Order No. 1 13,053 O'Grady Paving Inc. - Contract Change Order No. 2 10,300 O'Grady Paving Inc. - Contract Change Order No. 3 4,363 O'Grady Paving Inc. - Contract Change Order No. 4 16,337 Suverying Services (Kier & Wright, On-Call Contractor, Contract No. 2024176 ) 17,322
Material Testing Services (BSK Associates, On-Call Contractor, Contract No. 2024173) 23,770
Construction Management Software from VPM (Contract No. 2026143)24,000 Miscellaneous Expenses 3,922

TOTAL PROJECT EXPENDITURES
Funding Balance/(Shortfall)
Project Balance 435,195
$4,152,381
$4,587,576

ANNUAL STREET RESURFACING & RECONSTRUCTION
CIP NO. 25503
07/07/26

Item #9

CITY COUNCIL AGENDA REPORT

July 7, 2026
City Manager

TITLE: ADOPT A RESOLUTION ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY OF PLEASANTON A MEASURE TO APPROVE A UNIFORM TRANSIENT OCCUPANCY TAX INCREASE; REQUESTING THAT

THE ALAMEDA COUNTY BOARD OF SUPERVISORS PERMIT

CONSOLIDATION OF THE MEASURE AND RELATED MATERIALS WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS;

AND PROVIDE DIRECTION ON WRITTEN BALLOT ARGUMENTS

SUMMARY
Since 2025, the City has been exploring a potential ballot measure to allow voters to consider increasing the Transient Occupancy Tax (TOT), also known as hotel tax, to secure new revenue for the City. On June 2, 2026, the City Council directed staff to return with a final resolution and ordinance for a TOT measure on the November 3, 2026, general municipal election ballot. The TOT is paid by hotel and motel guests, primarily out-of-town visitors rather than Pleasanton residents. If approved by voters, the measure would increase the City’s TOT rate from 8 percent to 10 percent effective July 1, 2027, and from 10 percent to 12 percent effective July 1, 2028. The measure would require a simple majority (50 percent plus one) affirmative vote of eligible voters.

Once the full 12 percent increase takes effect the measure is expected to generate approximately $2.8 million per year, all of which would remain in Pleasanton. Adoption of the resolution, which includes the related ordinance as Exhibit A, is the formal action that places the measure on the ballot. This report also requests the City Council's direction on filing written ballot arguments. Approval of a TOT increase, combined with ongoing efforts to reduce spending, would help reduce the structural operating budget deficit and offset impacts on City services and programs.

RECOMMENDATION
Staff recommends the City Council place a Transient Occupancy Tax measure on the November 3, 2026, ballot, including approval of the following legislative actions:

1. Adopt a resolution ordering the submission to the qualified electors of the City of Pleasanton a measure to approve a Uniform Transient Occupancy Tax increase; requesting that the Alameda County Board of Supervisors permit consolidation of the measure and related materials with the general municipal election to be held on November 3, 2026; and directing the City Attorney to prepare an impartial analysis.

2. Provide direction on the filing of written ballot arguments. Staff recommends that the City Council elect to file a written argument in support of the measure and form an ad hoc subcommittee of two Council members to draft the primary argument and any

rebuttal.

BACKGROUND
As documented in the FY 2026/27 Mid-Term Budget Update Report and General Fund Ten- Year Financial Forecast presented on May 19, 2026, the baseline forecast projects annual General Fund operating deficits ranging from approximately $4.4 million to $8.3 million over the forecast period; the projected structural deficits do not include the $44.0 million annual infrastructure funding gap identified in the Asset Management Plan. At the City Council’s direction, staff has been working to proactively address the deficit with a combination of reducing spending and exploring new revenue opportunities.

Prior City Council Actions
On August 19, 2025, staff presented a range of potential new or expanded revenue options.

The City Council directed staff to focus on a Transient Occupancy Tax (TOT) increase and to begin stakeholder engagement with Pleasanton’s hotel operators. In late 2025, staff had informal conversations with Pleasanton hotel operators to understand the potential impacts of a TOT adjustment on the local lodging market. On February 3, 2026, the City Council directed staff to return with draft ballot language for a TOT measure at a target rate of 12 percent, phased over two years, for the November 3, 2026, general municipal election.

On June 2, 2026, staff presented the draft resolution, draft ordinance, and draft ballot question, along with community survey results. The City Council voted unanimously to place a TOT measure on the November 3, 2026, ballot with majority consensus to proceed with the phased rate structure (10 percent effective July 1, 2027, and 12 percent effective July 1, 2028). Final versions of the proposed ballot language, resolution, and ordinance are attached to this report.

Regional Context
Pleasanton’s TOT rate of 8 percent was established in 1983 and has not been adjusted since.

Pleasanton’s rate is tied with Dublin and Livermore for the lowest in Alameda County, where rates currently range from 8 percent to 14 percent. 10 of the 13 cities with a TOT are at 10 percent or higher. The most recent voter-approved increases were in Newark (January 2025, 80 percent approval) and Hayward (August 2025, 72 percent approval). Even at the full 12 percent rate, Pleasanton would remain at or below most Alameda County jurisdictions.

DISCUSSION
Proposed Tax Measure
If approved by voters, the ordinance would amend Section 3.20.030 of the Pleasanton Municipal Code to increase the TOT rate from 8 percent to 10 percent effective July 1, 2027, and from 10 percent to 12 percent effective July 1, 2028. The TOT is collected by hotel and motel operators from guests at the time of payment and remitted to the City. Based on current TOT collections, staff projects the measure would generate approximately $1.4 million in additional annual revenue once the 10 percent rate takes effect and approximately $2.8 million in additional annual revenue once the 12 percent rate takes effect.

The proposed tax would be a general tax paid primarily by visitors staying in Pleasanton hotels and motels. The measure would be approved if it receives a majority of affirmative votes from eligible City voters (50 percent plus one). Placing the measure on the November ballot

requires a two-thirds vote of the City Council (four council members). The additional tax revenue would remain in Pleasanton and could not be taken by the State of California for any reason or purpose.

Community and Stakeholder Input
To assess community sentiment, the City used FlashVote, a statistically-valid community survey service in which residents are verified by address and the sample is built to represent the community as a whole. Of 251 respondents, 67 percent supported a TOT increase, 13 percent were neutral and 20 percent were opposed. Respondents’ top priorities for City services track closely with the uses identified in the ballot question: physical safety and security, parks and recreation, local businesses and services, streets and sidewalks and the overall appearance of the community.

City staff met with Pleasanton hotel general managers beginning in late 2025, with follow-up conversations through spring 2026. The phased implementation schedule reflects operator input received through that engagement. The Pleasanton Chamber of Commerce has remained neutral on the measure and submitted a letter requesting that the question be placed before the voters. As of the writing of this report, the City has not received any letters of opposition to the measure.

Written Ballot Arguments
For measures placed on the ballot by the City Council, ballot arguments for or against the measure may be submitted. In selecting the argument, preference and priority is set as follows (Elections Code section 9287):
• the City Council, or a member or members of the City Council authorized by the City Council; or
• individual voter, or bona fide association of citizens or combination thereof, who are bona fide sponsors or proponents of the measure; or
• a bona fide association of citizens; or
• an individual voter who is eligible to vote on the measure.

Only one argument in favor and one argument against the measure may be printed and distributed to the voters. A direct argument may not exceed 300 words and may be signed by up to five authors (Elections Code sections 9282 and 9283). An argument filed by the City Council is authorized by a majority of the body and need not be signed by every member; it may carry between one and five signatures or be submitted in the name of the City Council as a whole.

Staff recommends that the City Council elect to file a written argument in favor of the measure and form an ad hoc subcommittee of two Council members to draft the argument. Providing this direction at the July 7 meeting allows the subcommittee to prepare and file the argument within the deadlines established by the City Clerk without the need for additional City Council action. The attached resolution authorizes both the primary and rebuttal arguments, so the subcommittee would also have the option to prepare a rebuttal if an argument against the measure is filed.

Alternatively, the City Council may authorize one or more individual Council members to

prepare and file an argument, in which case the names of the authorized members would be inserted into the resolution.

The City Council may also elect not to file an argument, in which case selection for arguments will proceed in the priority order as established by Elections Code section 9287.

Rebuttal arguments are governed by Elections Code section 9285. Once arguments on both sides of a measure are selected, the authors of each argument may file a rebuttal argument of up to 250 words.

The resolution also directs the City Attorney to prepare an impartial analysis of the measure.

Next Steps
If the resolution is adopted, staff will submit the required materials to Alameda County, and the City Attorney will prepare an impartial analysis of the measure for the voter information guide.

The table below outlines the anticipated deadlines for submittal of arguments.

July 7, 2026 City Council adopts the resolution,
formally placing the TOT measure on the
November 3, 2026 ballot, and provides
direction on written ballot arguments
August 5, 2026 City Attorney Impartial Analysis
August 13, 2026 by 4:00 p.m. Primary arguments due to the City Clerk August 20, 2026 by 4:00 p.m Rebuttal arguments due to the City Clerk

EQUITY AND SUSTAINABILITY
Generating sufficient revenue and ensuring the City's fiscal sustainability allows the City to continue providing programs and services that benefit all residents. Unlike a sales tax or parcel tax, the TOT is paid primarily by visitors staying in Pleasanton hotels and motels, rather than by local residents or property owners. General Fund revenue generated by the measure would support City services that benefit all residents, including public safety, parks and recreation, infrastructure maintenance and community programs.

OUTREACH
Because the proposed measure is paid by visitors rather than by Pleasanton residents, staff has had targeted conversations with Pleasanton hotel operators to discuss the proposed rate structure and phased implementation. Staff will develop community education materials in compliance with applicable laws governing public agency communications on ballot measures and will coordinate with the City Attorney’s Office on the content and timing of those materials.

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

FISCAL IMPACT
It is estimated that the measure will cost approximately $243,265 to $340,445 as part of the consolidated general municipal election, which will be allocated to the FY 2026/27 elections budget. If the measure is approved by voters, the estimated annual revenue impact would be approximately $1.4 million beginning in FY 2027/28 (10 percent rate) and approximately $2.8 million beginning in FY 2028/29 (12 percent rate), based on current TOT collections and assuming stable hotel occupancy.

Prepared by: Submitted by: Approved by:

Aarón Zavala, Assistant to
the City Manager
Alexa Jeffress, Assistant City Manager

Joe Calabrigo, Interim
City Manager

Attachments:

1. Resolution - Measure and Arguments

2. Ordinance - Measure

3. Presentation

ATTACHMENT 1

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY

OF PLEASANTON A MEASURE TO APPROVE A UNIFORM TRANSIENT
OCCUPANCY TAX INCREASE; REQUESTING THAT THE ALAMEDA COUNTY

BOARD OF SUPERVISORS PERMIT CONSOLIDATION OF THE MEASURE

WITH THE PLEASANTON GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE;

SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A

CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS

WHEREAS, the City Council of the City of Pleasanton (“City Council”) desires to submit to the voters a measure to increase the City’s Uniform Transient Occupancy Tax in the General Municipal Election to be held on November 3, 2026; and

WHEREAS, on June 2, 2026, the City Council adopted Resolution No. 2026-040 calling for the holding of a General Municipal Election and Resolution No. 2026-041 requesting the Board of Supervisors of the County of Alameda to consolidate a General Municipal Election to be held on November 3, 2026, with a Statewide General Election to be held on that date pursuant to section 10403 of the Elections Code for the purpose of the election of a Mayor to a two-year term, and two Members of the City Council from Districts 1 and 3 to a four-year term.

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

SECTION 1. Pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of a General Municipal Election to be held on November 3, 2026, with a Statewide General Election to be held on that date for the purpose of submitting to the qualified voters of the City the ballot measure set forth in the ballot question shown below in Section 4.

SECTION 2. Pursuant to California Constitution Article XIIIC, Section 2, Government Code Section 53724, and Elections Code Section 9222, the City Council of the City of Pleasanton hereby calls an election at which it shall submit to the qualified voters of the City a measure to increase the City's Uniform Transient Occupancy Tax from 8% to 10% on July 1, 2027, and to 12% on July 1, 2028 as authorized by Revenue and Taxation Code section 7280.

SECTION 3. The proposed complete text of the Ordinance submitted to the voters pursuant to Section 2 is set forth in Exhibit A. The City Council hereby approves the Ordinance, the form thereof, and its submission to the voters of the City at the November

Resolution No.

3, 2026 election, as required by Revenue and Taxation Code section 7280, subject to the approval of a majority of the voters voting on the measure.

SECTION 4. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on November 3, 2026, the following question, which question shall require the approval of a majority (50%+1) of qualified electors casting votes to pass:

YES
Shall a measure be adopted to increase the City's
Uniform Transient Occupancy Tax paid by hotel guests
from 8% to 10% on July 1, 2027, and to 12% on July 1,
2028, generating an estimated $1.4 to $2.8 million per
year in additional revenue, that can be used to maintain city services, such as: police and fire protection; park and street maintenance; recreation programs; and other
general government uses, until ended by voters?
NO

SECTION 5. The ballots to be used at the election shall be in form and content as required by law. The City Clerk is authorized, instructed and directed to coordinate with the County of Alameda Registrar to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The City of Pleasanton recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 6. That the Alameda County Registrar of Voters is authorized to canvass the returns of the municipal election. The election shall be held in all respects as if there were only one election.

SECTION 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections and that the City Clerk is authorized to transmit a certified copy of this resolution to the Alameda County Board of Supervisors and the Alameda County Registrar of Voters.

SECTION 8. [to be added to the final resolution]
The City Council shall file a written argument not exceeding 300 words and a rebuttal argument not exceeding 250 words regarding the City measure as specified above), accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

The arguments and rebuttals may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Arguments and rebuttal arguments may not be signed by

Resolution No.

more than five authors. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

OR

The City Council authorizes Council Member(s) __________and __________ to file (a) written argument(s) In Favor of or Against City measure(s) not exceeding 300 words, and rebuttal arguments not exceeding 250 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments and rebuttals may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.

The arguments and rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Arguments and rebuttal arguments may not be signed by more than five authors. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 9. City Attorney Impartial Analysis. That the city council directs the city attorney to prepare an impartial analysis of the measure.

SECTION 10. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000, et.seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et. seq., “CEQA Guidelines”). The City's Uniform Transient Occupancy Tax increase to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action.

Accordingly, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060 CEQA analysis is not required.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on ____, 2026.

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 __

Resolution No.

day of ____ 2026, by the following vote:

Ayes:

Noes:

Absent:

Abstain

_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

_______________________________
Daniel G. Sodergren, City Attorney

ATTACHMENT 2

EXHIBIT A
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF PLEASANTON AMENDING SECTION 3.20.030 OF CHAPTER 3.20 OF TITLE 3 OF THE PLEASANTON MUNICIPAL CODE RELATED TO THE CITY’S UNIFORM TRANSIENT OCCUPANCY TAX ORDINANCE

THE PEOPLE OF THE CITY OF PLEASANTON DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 3.20.030 of Chapter 3.20 of Title 3 of the Pleasanton Municipal Code is amended to read as follows:

3.20.030. Imposed—Rate.

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the following amounts:

A. Eight percent (8%) of the rent charged by the operator for any period of occupancy commencing before July 1, 2027;

B. Ten percent (10%) of the rent charged by the operator for any period of occupancy commencing on or after July 1, 2027, and before July 1, 2028; and

C. Twelve percent (12%) of the rent charged by the operator for any period of occupancy commencing on or after July 1, 2028.

The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment.

The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator.

SECTION 2. This ordinance relates to the levying and collecting of the City’s Uniform Transient Occupancy Tax and shall take effect immediately.

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

The foregoing Ordinance was approved and adopted by the voters of the City of Pleasanton on November 3, 2026.

______________________________
Jack Balch, Mayor

Ordinance No.

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Transient Occupancy Tax (TOT) Ballot Measure
July 7, 2026

Where We Are
• On June 2, 2026, the City Council placed the TOT measure on the November 3, 2026 ballot and selected the phased rate structure
• The substance of the measure, the rate, and the ballot question were decided on June 2
• Tonight's actions are the formal steps to finalize the measure:
adopt the resolution and ordinance, and provide direction on written ballot arguments

The Measure Being Placed on the Ballot
Rate Increase
• July 1, 2027: 8% to 10% (about
$1.4M more per year)
• July 1, 2028: 10% to 12% (about
$2.8M more per year, cumulative)
• General tax: simple majority to pass
(50% + 1)
• Paid primarily by visitors; a single
measure sets the rate
Draft Ballot Question
"Shall a measure be adopted to
increase the City’s Uniform Transient
Occupancy Tax paid by hotel guests
from 8% to 10% on July 1, 2027, and to
12% on July 1, 2028, generating an
estimated $1.4 to $2.8 million per year
in additional revenue, that can be used
to maintain city services, such as: police
and fire protection; park and street
maintenance; recreation programs; and
other general government uses, until
ended by voters?"

Tonight's Actions

1. Adopt the resolution placing the measure on the November 3, 2026 ballot • Approves the ordinance (Exhibit A) amending Municipal Code Section 3.20.030 • Requests Alameda County consolidation and directs the City Attorney's impartial analysis
• Requires a two-thirds vote of the City Council (four members)

2. Provide direction on written ballot arguments
• Staff recommends the City Council file a written argument in favor of the measure
• Form an ad hoc subcommittee of two Councilmembers to draft the primary and rebuttal arguments
• Staff does not draft argument content; the City Clerk sets the filing deadlines

Written Ballot Arguments
Preference and priority is set as follows (Elections Code section 9287):
• the City Council, or a member or members of the City Council authorized by the City Council; or
• individual voter, or bona fide association of citizens or combination thereof, who are bona fide sponsors or proponents of the measure; or
• a bona fide association of citizens; or
• an individual voter who is eligible to vote on the measure.

Next Steps to the November Ballot
Date Milestone
July 7, 2026 Council adopts the resolution and directs written ballot arguments August 5, 2026 City Attorney impartial analysis
August 13, 2026 Primary arguments due to the City Clerk August 20, 2026 Rebuttal arguments due to the City Clerk November 3, 2026 Election Day

Recommendation
Place a Transient Occupancy Tax measure on the November 3, 2026, ballot, including approval of the following legislative actions:

1.Adopt a resolution ordering the submission to the qualified electors of the City of Pleasanton a measure to approve a Uniform Transient Occupancy Tax increase… for the general municipal election on November 3, 2026; and

2.Provide direction on the filing of written ballot arguments. • Staff recommends that the City Council elect to file a written argument in support of the measure and form an ad hoc subcommittee of two Council members to draft the primary argument and any rebuttal.

Item #10

CITY COUNCIL AGENDA REPORT

July 7, 2026
Community and Economic Development

TITLE: CONTINUED FROM JUNE 16, 2026 - REVIEW AN APPLICATION FOR SIGN DESIGN REVIEW TO REBRAND AN EXISTING 76 GAS STATION AND CIRCLE K MARKET TO SHELL GASOLINE AND FASTFILL MARKET LOCATED AT 4191 FIRST STREET, FILED AS CASE NO. P25-0300

SUMMARY
A member of the City Council has requested a review of Case No. P25-0300, an application for Sign Design Review (SDR) to rebrand the existing 76 Gas Station and Circle K Market to Shell Gasoline and FastFill Market located at 4191 First Street. In the absence of an approved master sign program, the requested signage changes require SDR approval. The Zoning Administrator denied the application on February 25, 2026 (Attachment 2). The applicant appealed the decision to the Planning Commission on March 5, 2026 (Attachment 3). On May 13, 2026, the Planning Commission considered and upheld the appeal, overturning the Zoning Administrator’s denial, subject to findings and conditions of approval, including a reduction of the amount of corporate branding color on the canopy to not exceed 50 percent of the total canopy fascia height (Attachment 6). Per Pleasanton Municipal Code (PMC) Section

18.144.010 (‘City Council Review’), on May 15, 2026, a member of the City Council called up the action of the Planning Commission for review. Accordingly, the SDR application is before the City Council for de novo consideration.

RECOMMENDATION
Adopt a resolution upholding the Zoning Administrator’s denial of Case No. P25-0300, subject to the findings in Attachment 1, Exhibit A.

Alternatively, the City Council may, based on its de novo review of the application, elect to approve the project, either consistent with the Planning Commission's determination, in alignment with the applicant's proposal, or with further modifications. If electing to approve the project, staff would recommend the City Council adopt a resolution with the same or similar findings and conditions of approval made by the Planning Commission, as outlined in Attachment 6.

BACKGROUND
Project Description and Location
On September 2, 2025, Guy Houston submitted a Sign Design Review (SDR) application on behalf of property owner Mike Ahmadi (GAWFCO Enterprises, LLC) to rebrand the gas station at 4191 First Street. The proposed project includes the installation of new monument, wall, canopy, and pump signage as part of a gas station rebranding for a Shell gasoline station located at 4191 First Street (former 76 Gas Station). The site contains a gas station and a convenience market. Access to the site is provided along the First Street and Ray Street frontages. Adjacent uses to the site include detached single-family homes and office buildings to the west along Ray Street, commercial tenant spaces to the north along First Street,

residential to the east along Vineyard Avenue, and a variety of commercial uses to the south along First Street.

See the Project Plans (Attachment 5) for additional details of the proposed project, including images of the prior 76 Gas Station design.

Staff Review and Zoning Administrator Action
Staff deemed the application incomplete on September 16, 2025, expressing general support for the site upgrade but requesting a reduction in franchise branding colors on the canopy fascia, consistent with the approximately 25 percent coverage featured on the existing 76 Gas Station canopy.

Following further dialogue, the applicant switched brands from Sunoco to Shell Gasoline and resubmitted in January 2026; while the revised package reduced franchise color coverage compared to the earlier Sunoco proposal, the Shell Gasoline canopy design still featured approximately 66 percent yellow and red franchise branding color. Although staff indicated the project could be approved with reductions in the amount of branded color elements on the canopy, the applicant declined to make such changes. The Zoning Administrator issued a denial on February 25, 2026, finding the proposed signage inconsistent with General Plan Community Character Element Policies 15 and 16, which call for attractive colors that minimize bright franchise branding and discourage franchise prototype signage. The applicant filed a timely appeal on March 5, 2026 (Attachment 3).

PLANNING COMMISSION ACTION
On May 13, 2026, the Planning Commission heard the appeal, and after considering the agenda report (Attachment 4), public comment, the applicant's testimony, and project plans (Attachment 5), the Planning Commission upheld the applicant’s appeal (3-1 vote), overturning the Zoning Administrator’s determination to deny the SDR application. The Planning Commission made findings for approval and adopted standard SDR conditions of approval, as well as two project-specific conditions of approval as follows: 1) the height of the Shell Gasoline corporate branding color band shall not exceed 50 percent of the total canopy fascia height; and 2) any canopy illumination (except underlighting) shall automatically turn off at 10 p.m. daily (Attachment 6).

DISCUSSION
As part of the SDR process, the Zoning Administrator subjectively evaluates the proposed signage against the following standards prior to making a determination:

1. Any applicable General Plan policies, specifically:
o Community Character Element Policy 15, Program 15.3:
▪ Attractive sign design and higher quality sign materials ▪ Attractive colors, minimizing bright franchise colors o Community Character Element Policy 16, which "discourages franchise and prototype architecture and signage".

2. Any applicable Design Guidelines (such as the Downtown Design Guidelines) and,

for signs on Main Street, standards in the Downtown Revitalization District Ordinance (PMC Chapter 18.74).

3. Any applicable provisions specified in PMC Section 18.96 (Signs).

The City's Sign Ordinance includes basic parameters as to the amount, size, placement, and lighting of signs (with such standards varying by Zoning District), but lacks strict, objective design parameters in many respects, particularly with regard to aesthetics (e.g., colors, materials, permissible lighting levels, amount of branding vs. non-branding components, etc.).

The Sign Ordinance does not include a quantified standard for the amount of "bright franchise colors" that could be considered to meet the General Plan's policy intent to "minimize" their use. Staff notes that there is a wide range of existing examples and degrees of use of gas station franchise colors throughout Pleasanton, even within the same brand, ranging from minimal to much more extensive.

As such, the SDR process involves some degree of subjectivity, wherein staff evaluates projects on a case-by-case basis through the review process, taking into account factors such as the location and visibility of the site, existing signage/sign conditions, and design/character of the buildings or structures on which the signage is being placed, nature of the use for which the signage is proposed, and character, type, and proximity of adjacent uses. The City must also consider the reasonable expectation or First Amendment right that a business may wish or be entitled to use its corporate colors, business identification, or branding as part of its signage program.

As outlined in the Denial Letter (Attachment 2) and the Planning Commission agenda report (Attachment 4), it was staff's conclusion that, as designed, the proposed canopy would create an overly franchise-brand-forward visual emphasis that detracts from the intended Downtown entry character and does not reinforce the site’s relationship to the City’s broader aesthetic context and natural/visual setting. The proposed canopy color band is disproportionately large ( approximately 66 percent of the canopy height), altering the perceived scale and the canopy's emphasis when viewed from the public right-of-way. Rather than providing a balanced architectural feature that transitions appropriately with the streetscape at a Downtown gateway, the canopy reads as a dominant graphic/franchise branding element, which is also discouraged by General Plan Community Character Element Policy 16.

Please refer to Attachments 2 through 6 for full project details, an overview of the SDR process, and governing General Plan policies and PMC standards related to SDR.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270, which statutorily exempts projects that a public agency intends to deny. Therefore, no additional environmental review is required.

SUMMARY AND CONCLUSION
As outlined above, in the absence of a quantified standard in the Sign Ordinance, evaluation of the suitability of a specific sign design proposal involves some degree of subjectivity, based on site-specific conditions and considerations.

While staff continues to recommend denial of the application based on the findings outlined in Attachment 1, the City Council, based on its independent and de novo review of the application, could elect to follow the Planning Commission's determination (a reduction to no more than 50 percent of the canopy area being branded colors), and adopt a resolution with the same or similar findings and conditions of approval made by the Planning Commission (Attachment 6); approve the project as proposed by the applicant; or make further modifications. In either of these latter cases, similar findings for approval as were made by the Planning Commission would also be appropriate to adopt.

EQUITY AND SUSTAINABILITY
Not applicable to this project, since this a routine item of City business.

OUTREACH
Notice of this application was sent to property owners and tenants/occupants within a 1,000- foot radius of the subject site, as shown in Attachment 7, and it was published in the Valley Times newspaper on June 5, 2026. At the time this report was published, no public comments had been received.

STRATEGIC PLAN ALIGNMENT
Not applicable to this project, since this is a routine item of City business.

FISCAL IMPACT
The project applicant is responsible for paying the fees as set forth in the Conditions of Approval (Attachment 6). No fiscal impacts to the City or public services are anticipated.

Prepared by: Submitted by: Approved by:

Eric Luchini, Senior Planner Ellen Clark, Director of Community and Economic Development

Joe Calabrigo, Interim
City Manager

Attachments:

1. City Council Resolution

2. Denial Letter

3. Applicant Appeal

4. Planning Commission Agenda Report

5. Project Plans

6. Planning Commission Resolution

7. Location and Noticing Map

8. Presentation

R
ESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASA NTON UPHOLDING THE ZONING ADMINISTRATOR’S DENIAL OF AN APPLICATION FOR SIGN DESIGN REVIEW TO REBRAND AN EXISTING 76 GAS STATION AND CIRCLE K MARKET TO SHELL GASOLINE AND FASTFILL MARKET LOCATED AT 4191 FIRST STREET, AS FILED UNDER CASE NO. P25-0300
W
HEREAS, on September 2, 2025, Guy Houston, as the applicant (“Applicant”), on behalf of the property owner Mike Ahmadi, GAWFCO Enterprises, LLC (“Property Owner”), submitted a Sign Design Review application to install new monument, wall, canopy, and pump signage as part of a gas station rebranding process from the former 76 Gas Station to the new Shell Gasoline and FastFill Market (hereinafter “the Project”) located at 4191 First Street, Assessor Parcel No. 94-110-12-6 (hereinafter “the Property”); and
W
HEREAS, the Property has a General Plan land use designation of Retail/Highway/Service Commercial Business and Professional Offices; and W
HEREAS, the Property is zoned C-C (Central Commercial) District; and W
HEREAS, the Property is designated Downtown Commercial in the Downtown Specific Plan; and
W
HEREAS, on February 25, 2026, the Zoning Administrator denied the Project pursuant to inconsistencies with the required findings listed in Pleasanton Municipal Code ( PMC) Section

18.20.050.B.1 through 6, as outlined in Section 4 below; and W
HEREAS, on March 5, 2026, Applicant, on behalf of the Property Owner, filed a timely appeal of the Zoning Administrator's determination to deny the Project to the Planning Commission; and
W
HEREAS, pursuant to Section 65905 of the Government Code, the Planning Commission held a duly noticed public hearing to consider the Project on May 13, 2026, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the agenda report dated May 13, 2026, incorporated herein by reference, and all written and oral testimony; and
W
HEREAS, on May 13, 2026, the Planning Commission voted and adopted Resolution No. PC-2026-12, upholding the appeal and made revised findings pursuant to those listed in PMC Section 18.20.050.B.1 through 6; and
W
HEREAS, on May 15, 2026, pursuant to Pleasanton Municipal Code Section 18.144.010 (‘City Council Review’) , the City Council called up the action of the Planning Commission for review; and
W
HEREAS, pursuant to Section 65905 of the Government Code, the City Council held a duly noticed public hearing to consider the Project on June 16, 2026, at which time all interested parties had the opportunity to be heard. The City Council considered the agenda report dated June 16, 2026, incorporated herein by reference, and all written and oral testimony; and Attachment 1

WHEREAS, on June 16, 2026, the City Council denied the Project pursuant to inconsistencies with the required findings listed in PMC Section 18.20.050.B.1 through 6 and as outlined in Section 4 below; and

WHEREAS, the City of Pleasanton was the lead agency for the Project, and the City Council was the decision-making body for denying the Project.

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

Section 1. Prior to acting on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral agenda reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s de novo determination is based on its own independent review of the Record Evidence, which is incorporated into this Resolution by reference.

Section 2. The Project is not consistent with the adopted and applicable General Plan Programs, Policies, and Goals related to community character and the discouragement of franchise and prototype architecture and signage. As such, the Project does not comply with the requirements of Government Code Section 65860.

Section 3. Findings for California Environmental Quality Act (CEQA) With respect to CEQA, the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270, which statutorily exempts projects that a public agency intends to deny. Therefore, no additional environmental review is required.

Section 4. Findings for Sign Design Review Denial
With respect to the denial of P25-0300, the City Council makes the following findings as required by Section 18.20.050.B.1 through 6 of the Pleasanton Municipal Code:

1. The project's approval is in the best interest of public health, safety, and general welfare.

The Project, as designed, is not in the best interest of the general welfare, which encompasses not only health, spaciousness, and balance, but also beauty . Berman v.

Parker (1954) 348 U.S. 26 . The proposed canopy composition is not a balanced architectural expression because the color band occupies 63.8% of the canopy height, making color the primary defining feature rather than the relationship of architectural components and materials. The dis proportionate band undermines architectural quality and the cohesive relationship of building components, colors, and materials.

The Project site serves as a prominent Downtown gateway/entry corridor, where the streetscape's visual character contributes to Pleasanton’s community identity and general welfare. The proposed canopy design, specifically the oversized, franchise-forward color band, creates an overly brand- forward visual emphasis that detracts from the intended Downtown entry character and does not reinforce the site’s relationship to the City’s broader aesthetic context and natural/visual setting. The proposal conflicts wi th the General Plan Community Character Element, including Policy 15 / Program 15.3 (attractive sign design and higher -quality sign materials and colors, minimizing bright

franchise colors) and Policy 16 (discourages franchise and prototype architecture and signage). As a result, the project does not demonstrate that approval would serve the general welfare as contemplated by the City’s adopted community character policies.

Accordingly, the City Council cannot make this finding.

2. The site design, including building placement, parking and circulation, landscape, and outdoor space, enhances the pedestrian experience, embraces natural features, promotes connections, creates visual interest, and relates to the character of the surrounding development.

The proposed canopy treatment relies primarily on a dominant franchise color field rather than a context -sensitive architectural composition that reinforces the established Downtown entry character. Because the color band is disproportionately large and visually dominant from the public right -of-way, it draws attention away from building form, materials, and the broader streetscape composition and therefore does not enhance the pedestrian experience along this Downtown approach. Further, the emphasis on franchise color diminishes the ability for landscaping and streetscape elements to complement architectural features, strengthen vistas, and reinforce an established gateway character.

Accordingly, the City Council cannot make this finding.

3. Architectural considerations, including character, scale, massing, and quality of design, have been incorporated to ensure the project integrates with the existing site and has a cohesive relationship with the surrounding context.

The proposed canopy design creates an overly brand -forward visual emphasis that detracts from the intended Downtown entry character and does not reinforce the site’s relationship to the City’s broader aesthetic context and natural/visual setting. The proposed canopy color band occupies approximately 63.8% of the canopy height, altering the perceived scale and emphasis of the canopy when viewed from the public right -of- way. Rather than reading as a balanced architectural feature with subordinate branding, the canopy reads as a dominant graphic/branding element, which is not compatible with the intended Downtown gateway context and is inconsistent with the City’s direction to avoid franchise/prototype architecture and signage (General Plan Community Character Element Policy 16). The disproportionate band undermines architectural quality and results in an inappropriate relationship to the site, public views, and surrounding development patterns.

Accordingly, the City Council cannot make this finding.

4. Exterior lighting, signage, amenities, mechanical equipment, and other architectural features are integrated into the design of the site and building.

The canopy color band functions as a large- format branding device rather than an architectural element integrated into the overall design concept. Given its size and prominence, the band is inconsistent with integrated sign design and does not meet the record-supported threshold that would keep branding subordinate to architecture. The proposal conflicts with General Plan Community Character Element Policy 15 / Program

15.3 (minimize bright franchise colors; attractive sign design and materials) and Policy 16 (discourage franchise and prototype architecture/signage).

Accordingly, the City Council cannot make this finding.

5. The project, when adjacent to existing residential dwelling units, is designed to minimize impacts, including privacy, light, and glare.

The west side of the property is adjacent to residential uses, and the record indicates the north and west sides of the canopy are non-illuminated. Accordingly, the proposed illumination design is appropriate in relation to nearby residential uses and minimizes potential impacts from light and glare.

Accordingly, the City Council makes this finding.

6. The plan meets the requirements of the municipal code and any other applicable guidelines, policies, and standards.

The Project is not consistent with the City’s applicable guidelines or policies, including the following:

a. The General Plan. The Project does not align with the applicable General Plan’s Programs, Policies, and Goals, including Community Character Element Policy 15, Program 15.3, which calls for “attractive sign design and higher quality sign materials,” and “attractive colors, minimizing bright franchise colors.” As proposed, the Project’s sign design is not attractive, and uses the bright franchise colors specifically discouraged by the General Plan . Additionally, the Project is not consistent with Community C haracter Element Policy 16, which "discourages franchise and prototype architecture and signage," inasmuch as it relies heavily on franchise signage.

b. The Downtown Specific Plan. Moreover, the Project fails to conform to the Downtown Specific Plan, which calls for developments to, amongst other things, “improve the major gateways into downtown to create a sense of arrival and to enhance the aesthetics along these roadways.” (Downtown Specific Plan, LD-G.13.) The Project’s proposed signage does not improve this major gateway into downtown, nor create any sense of arrival or enhance aesthetics, with its use of overly bright franchise colors.

Accordingly, the City Council cannot make this finding.

Section 5. The City Council hereby denies Case No. P25-0300, a Sign Design Review application to install new monument, wall, canopy, and pump signage as part of a gas station rebranding process from the former 76 Gas Station to the new Shell Gasoline and FastFill Market located at 4191 First Street.

Section 6. 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 June 16, 2026.

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 June 16, 2026, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney

COMMUNITY & ECONOMIC DEVELOPMENT P. O. BOX 520 · 200 Old Bernal Avenue www.cityofpleasantonca.gov Pleasanton, CA 94566-0802 Planning Building & Safety Code Enforcement Permit Center Traffic Engineering (925) 931-5600 (925) 931- 5300 (925) 931-5620 (925) 931-5630 (925) 931-5677 February 25, 2026
VI
A Email:
[email protected]
Guy H
ouston
California Gold Advocacy Group
6300 Village Parkway
Suite 200
Dublin, CA 94568
S
ubject: P25-0300, Gas Station Monument, Wall, Canopy Signage 4191 First Street
Effective Date: March 7, 2026
D
ear Mr. Houston:

T
he City of Pleasanton has completed its Sign Design Review procedure for your proposal to install new monument, wall, and canopy signage as part of a gas station rebranding for Shell Gas Station located at 4191 First Street.

Y
our application has been denied, subject to the following review criteria outlined in Pleasanton Municipal Code Section 18.20.030:

1. P
reservation of the natural beauty of the city and the project site's relationship to it; T
he project site is located at a prominent entryway to Downtown, where the visual character of the streetscape contributes to the City’s community identity. The proposed canopy design creates an overly brand-forward visual emphasis that detracts from the intended Downtown entry character and does not reinforce the site’s relationship to the City’s broader aesthetic context and natural/visual setting. General Plan Community Character Element Policy 15, Program 15.3 requires redevelopment of existing commercial sites to include attractive sign design and higher-quality sign materials and attractive colors, minimizing bright franchise colors. Further, Community Character Element Policy 16 "discourages franchise and prototype architecture and signage".

2. A
ppropriate relationship of the proposed building to its site, including transition with streetscape, public views of the buildings, and scale of buildings within its site and Attachment 2

adjoining buildings;

The proposed canopy color band is disproportionately large (63.8% of canopy height), which changes the perceived scale and emphasis of the canopy when viewed from the public right-of-way. Rather than providing a balanced architectural feature that transitions appropriately with the streetscape at a Downtown gateway, the canopy reads as a dominant graphic/branding element, which is also discouraged by General Plan Community Character Element Policy 16. This results in an inappropriate relationship to the site and public views along the corridor.

3. Appropriate relationship of the proposed building and its site to adjoining areas, including compatibility of architectural styles, harmony in adjoining buildings, attractive landscape transitions, and consistency with neighborhood character;

At this Downtown entry location, the project should contribute to a cohesive, context- sensitive character. The dominant franchise color treatment is not compatible with a locally integrated architectural approach and does not promote harmony with surrounding development patterns that rely on architectural form and materials rather than large-format franchise color fields. Accordingly, the proposal is not consistent with the intended neighborhood/Downtown character.

4. Preservation of views enjoyed by residents, workers within the city, and passersby through the community;

Because the site is part of a gateway into Downtown, views from public streets are particularly important. The oversized color band draws attention away from building form, materials, and the broader streetscape composition, visually interrupting the quality of views experienced by passersby. The design therefore does not adequately preserve the visual experience along this Downtown approach.

5. Landscaping designed to enhance architectural features, strengthen vistas, provide shade, and conform to established streetscape;

The proposed canopy treatment relies primarily on a dominant color field rather than architectural design that can be complemented by landscaping and streetscape elements.

By emphasizing franchise color over integrated architectural composition, the canopy diminishes the ability for landscaping to serve its intended role—enhancing architectural features and strengthening the gateway streetscape. The proposal does not demonstrate a design approach where landscaping and architecture work together to reinforce an established Downtown entry character.

6. Relationship of exterior lighting to its surroundings and to the building and adjoining landscape;

The north and west sides of the canopy are non-illuminated. The west side of the property is adjacent to residential uses, as such the proposed illumination is appropriate for the site.

7. Architectural style, as a function of its quality of design and relationship to its surroundings; the relationship of building components to one another/the building's colors and materials; and the design attention given to mechanical equipment or other utility hardware on roof, ground or buildings;

The proposed canopy composition is not a balanced architectural expression because the color band occupies 63.8% of the canopy height, making color the primary defining feature rather than the relationship of architectural components and materials. This conflicts with staff’s supported design direction (band ≤50%) that was intended to maintain a more proportionate, higher-quality appearance consistent with the existing/previous canopy design and the Downtown entry context. The disproportionate band undermines architectural quality and the cohesive relationship of building components, colors, and materials.

8. Integration of signs as part of the architectural concept; and

The canopy color band functions as a large-format branding device rather than an element integrated into the overall architectural concept. Given its size, the color band is not consistent with the intent of integrated sign design. Staff’s support was explicitly tied to limiting the band to 50% or less to ensure the canopy remained an architectural element with subordinate branding; the proposal does not meet that integration threshold. General Plan Community Character Element Policy 15, Program 15.3 requires redevelopment of existing commercial sites to include attractive sign design and higher-quality sign materials and attractive colors, minimizing bright franchise colors.

Further, Community Character Element Policy 16 "discourages franchise and prototype architecture and signage". The signage as proposed does not meet the requirements and intent of the General Plan.

9. Architectural concept of miscellaneous structures, street furniture, public art in relationship to the site and landscape.

As a Downtown entryway location, the site’s overall public realm experience depends on cohesive design among building features and streetscape elements. The proposed canopy’s dominant franchise color band does not contribute to a coordinated architectural concept that complements the surrounding public realm character; instead it introduces a prototype-like visual emphasis that competes with, rather than reinforces, the broader streetscape composition.

Any interested party may file an appeal of this action within 10 days of the date of action.

Therefore, denial of the Sign Design Review will become effective on March 7, 2025, unless appealed prior to that time.

If you have questions, please feel free to contact me at [email protected].

Sincerely,

Emily Carroll, AICP
Associate Planner

Attachment 3

Planning Commission
Agenda Report
May 13, 2026
Item XX
S
UBJECT: P25-0300
AP
PLICANT: Guy Houston
PR
OPERTY OWNER: Mike Ahmadi, GAWFCO Enterprises, LLC
PU
RPOSE: Appeal of the Zoning Administrator’s denial of an application for Sign Design Review to rebrand an existing 76 Gas Station and Circle K Market to a Shell Gasoline Station and FastFill Market L
OCATION: 4191 First Street
G
ENERAL PLAN: Retail/Highway/Service Commercial Business and Professional Offices
ZONING: C-C Commercial Central District
DO
WNTOWN
SPECIFIC PLAN: Downtown Commercial
EXH
IBITS: A. Draft Resolution
B. Denial Letter dated February 25, 2026
C. Appeal materials submitted by applicant on March 5, 2026, including narrative and project plans
D. Location and Notification Map
S

TAFF RECOMMENDATION
Staff recommends that the Planning Commission deny the appeal and uphold the Zoning Administrator’s denial of Case No. P25-0300, based on the findings in Exhibit A.

EXEC

UTIVE SUMMARY
On September 2, 2025, the applicant requested review of a Sign Design Review (SDR) application to allow for the installation of new monument, wall, canopy, and pump signage as part of a gas station rebranding for a Shell gasoline station located at 4191 First Street (former 76 Gas Station). In the absence of an approved master sign program, the requested signage Attachment 4

P25-0300, 4191 First Street Planning Commission 2 of 6
changes require SDR approval. The Zoning Administrator denied the SDR application (P25- 0300) on February 25, 2026. The applicant filed an appeal on March 5, 2026, pursuant to Pleasanton Municipal Code (PMC) Section 18.144. The application is therefore before the Planning Commission for de novo consideration, whereby the Commission is tasked with evaluating the application afresh, as if the Zoning Administrator had never taken action. The Planning Commission may uphold the denial or approve the SDR with or without modifications.

SITE AND AREA DESCRIPTION
The subject site is an approximately 0.5-acre parcel located at the intersection of First Street and Ray Street/Vineyard Avenue. The site contains a gas station and a convenience market (shown in Figure 1). Access to the site is provided along the First Street and Ray Street frontages. Adjacent uses to the site include detached single-family homes and office buildings to the west along Ray Street, commercial tenant spaces to the north along First Street, residential to the east along Vineyard Avenue and a variety of commercial uses to the south along First Street (shown in Figure 1).

Figure 1: Aerial of the Site and Surrounding Area

BACKGROUND
Design Review Process
The PMC Section 18.20.010.B.7. (Design Review) specifies the City's Zoning Administrator shall review and make decisions regarding all signs.

Determinations on signs are typically made in one of two ways:

1. Conformance with an approved master sign program; or

2. Sign Design Review.

Master Sign Program

P25-0300, 4191 First Street Planning Commission 3 of 6
If a sign is proposed within a project area with an approved master sign program (e.g., a shopping center, office/business park, corporate headquarters/campus, etc.), the Zoning Administrator reviews the proposed signage against the criteria specified in the master sign program. If the proposed signage meets the criteria, the proposed signage is approved ministerially and any required construction permits may be applied for by the applicant. If the proposed signage is found not to conform to the approved master sign program, it is rejected by the Zoning Administrator, and the applicant is directed to correct the deficiencies prior.

Sign Design Review
If the sign is not in a project area subject to an approved master sign program, then as part of the SDR process, the Zoning Administrator evaluates the proposed signage against the following standards prior to making a determination:

1. Any applicable General Plan policies, specifically:

o Community Character Element Policy 15, Program 15.3:
 Attractive sign design and higher quality sign materials  Attractive colors, minimizing bright franchise colors o Community Character Element Policy 16, which "discourages franchise and prototype architecture and signage".

2. Any applicable Design Guidelines (such as the Downtown Design Guidelines) and, for signs on Main Street, standards in the Downtown Revitalization District Ordinance (PMC Chapter 18.74).

3. Any applicable provisions specified in PMC Section 18.96 (Signs).

The City's Sign Ordinance includes basic parameters as to the amount, size, placement and lighting of signs (with such standards varying by Zoning District), but lacks strict, objective design parameters in many respects, particularly with regard to aesthetics (e.g., colors, materials, permissible lighting levels, amount of branding vs. non-branding components, etc.).

Staff provides feedback to applicants through the review process, with comments taking into account factors such as the location and visibility of the site, existing signage/sign conditions, and design/character of the buildings or structures on which the signage is being placed, nature of the use for which the signage is proposed, and character, type, and proximity of adjacent uses. The City must also consider the reasonable expectation or First Amendment right that a business may wish or be entitled to use its corporate colors, business identification, or branding as part of its signage program.

ZONING ADMNISTRATOR ACTION
On September 2, 2025, Guy Houston, on behalf of the owners of the gas station at 4191 First Street, submitted a Sign Design Review application for signage modifications as part of a rebranding process from the former 76 Gas Station to a new Sunoco Gas Station. The scope of work also included replacing much of the dead landscaping and removing outdated structures like the propane tank holders, bollards, etc.

On September 16, 2025, the application was deemed incomplete. While staff indicated general support for the applicant’s intent to upgrade and improve the appearance of the project site,

P25-0300, 4191 First Street Planning Commission 4 of 6
comments requested that the percentage/intensity of blue the franchise branding colors be reduced in order to be consistent with the existing 76 Gas Station canopy design, which features approximately 25 percent orange franchise branding colors. See Figure 2 for the existing canopy design and Figure 3 for the design proposed with the September 2025 proposal.

Figure 2: Previous 76 Branded canopy

Figure 3: Canopy Design Proposed with September 2025 Application

P25-0300, 4191 First Street Planning Commission 5 of 6
Over the course of the following weeks, staff communicated with the applicant several times to review possible sign design options, lighting options, etc. The applicant decided to switch brands from Sunoco to Shell.

After switching brands to Shell Gasoline, the applicant resubmitted a sign package on January 15, 2026 (See Figure 3). This submittal included less franchise branding colors than the Sunoco design, which featured about 25 percent franchise branding color, but still featured a predominant amount of yellow and red franchise branding colors on the canopy (approximately 66 percent of the canopy fascia). As a compromise, staff reached out to the applicant to request that the franchise branding color bands be reduced such that franchise branding colors do not exceed 33 percent of the total canopy band fascia on each side of the canopy.

Figure 3: Shell Branding

The applicant was unwilling to further modify the canopy signage and requested that the Zoning Administrator take action on the application as proposed. As such, the Zoning Administrator issued a denial letter on February 25, 2026 (Exhibit B). Note that the Design Review findings were updated following the project submittal and Zoning Administrator denial.

As such, the Zoning Administrator denial letter includes findings for the former Design Review criteria outline, whereas the resolution (Exhibit A) utilizes the updated Design Review findings.

The applicant filed a timely appeal on March 5, 2026, pursuant to PMC Section 18.144.

ANALYSIS
As proposed, the signage fails to meet the intent of two General Plan policies:
• Community Character Element Policy 15, Program 15.3:
o Attractive sign design and higher quality sign materials o Attractive colors, minimizing bright franchise colors • Community Character Element Policy 16, which "discourages franchise and prototype architecture and signage".

Moreover, the project site is located at a prominent entryway to Downtown, where the visual character of the streetscape contributes to the City’s community identity. The Downtown Specific Plan states that “signage is a factor in the overall aesthetic of downtown’s commercial district, and attractive signs can reinforce downtown’s pedestrian scale and traditional design.”

P25-0300, 4191 First Street Planning Commission 6 of 6
The proposed canopy design creates an overly franchise-brand-forward visual emphasis that detracts from the intended Downtown entry character and does not reinforce the site’s relationship to the City’s broader aesthetic context and natural/visual setting. The proposed canopy color band is disproportionately large (63.8 percent of the canopy height), altering the perceived scale and emphasis of the canopy when viewed from the public right-of-way. Rather than providing a balanced architectural feature that transitions appropriately with the streetscape at a Downtown gateway, the canopy reads as a dominant graphic/franchise branding element, which is also discouraged by General Plan Community Character Element Policy 16.

PUBLIC NOTICE
Notice of this application was sent to surrounding property owners and tenants within a 1,000- foot radius of the subject parcel, and it was published in the Valley Times newspaper on May 1, 2026. At the time this report was published, staff had not received any public comments.

ENVIRONMENTAL ASSESSMENT
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270, which statutorily exempt projects that a public agency intends to deny. Therefore, no additional environmental review is required.

SUMMARY/CONCLUSION
As proposed, the Zoning Administrator found that the proposed SDR is not in keeping with other similar gas station signage design concepts throughout the City and is not consistent with the General Plan's sign policies. Therefore, staff recommends that the Planning Commission adopt a resolution upholding the Zoning Administrator’s denial of Case No. P25- 0300.

Staff Planner: Emily Carroll, Associate Planner, 925-931-5608 or [email protected]

Reviewed/ Approved By:

Derek Farmer Assistant Director of Community and Economic Development and Planning Manager Eric Luchini, Senior Planner
Katherine Wisinski, Assistant City Attorney

SITE OVERVIEW

SCOPE OF WORK
Manufacture and install:
• Building Sign: Manufacture and install 2 signs with brand vinyl graphics on building. • MID 1: Reface existing price sign.
• MID 2: Reface existing price sign.
• Canopy: Complete branding with 2 Shell Pectens.
• Dispensers: Install new dispensers and brand vinyl graphics. • Under Canopy: Install all the necessary elements to customize the space with Shell brand.

PROPERTY LINE

AERIAL VIEW

FIRST STREET

RAY STREET

PARKING

PARKING
CANOPY

BUILDING

VINEYARD AVE
FIRS
T STRE
ET
MID 1
3 MID 2
4 5
1 2
9 9
9 99
9 9
6 7
3 45
1 2
9 9
9 99
9 9
6 7
54’
SIGNS PROPOSED SQ. FT.

Building Sign 22 24’
MID 13 45.33’
MID 24 16.44’
1 Building Sign 1
157.81’
0’
5 Canopy Details
6 18.04’
Dispensers Imaging
8 8
16 th St
16t
h St
J St
Approval of this proof confirms that all
spelling, grammar, punctuation, numerials,
and colors are correct and ready to print.

CUSTOMER
NAME:

PHONE:

EMAIL:

PROJECT LOCATION

REVISIONS
INITIAL DESIGN:
1ST REVISION:
2ND REVISION:
3RD REVISION:

REVISIONS AFTER 3:

PAGE: 1/10

PROJECT OVERVIEW
DESIGNED BY:

This design is the property of AA Sign Image, Inc.
and may not be reproduced, copied, displayed,
or used for any purpose outside of this project
without written consent or purchase of full rights.

AA Sign Image, Inc. is not responsible for errors in
spelling, grammar, dimensions, or colors. Client
approval confirms all details are correct and
authorizes production.
12/05/2025

CUSTOMER APPROVAL SIGNATURE
SHELL
4191 FIRST STREET,
PLEASANTON, CA 94566
Building Sign 22
MID 13
MID 24
1 Building Sign 1 Canopy Details5
6 Dispensers (6)
01/13/2026
Julio Vargas
02/05/2026
Attachment 5

BUILDING SIGN

EXISTING

PROPOSED
1 COLORS USED:
3M Scotchcal Translucent 3630-61
Slate Gray
3M Scotchcal Translucent 3630-33
Red
3M Scotchcal Translucent 3630-51
Silver Gray
Blue
PROPOSED SQ.FT
54 SQ. FT.
12’
4’-6”
16 th St
16t
h St
J St
Approval of this proof confirms that all
spelling, grammar, punctuation, numerials,
and colors are correct and ready to print.

CUSTOMER
NAME:

PHONE:

EMAIL:

PROJECT LOCATION

REVISIONS
INITIAL DESIGN:
1ST REVISION:
2ND REVISION:
3RD REVISION:

REVISIONS AFTER 3:

PAGE: 2/10

PROJECT OVERVIEW
DESIGNED BY:

This design is the property of AA Sign Image, Inc.
and may not be reproduced, copied, displayed,
or used for any purpose outside of this project
without written consent or purchase of full rights.

AA Sign Image, Inc. is not responsible for errors in
spelling, grammar, dimensions, or colors. Client
approval confirms all details are correct and
authorizes production.
12/05/2025

CUSTOMER APPROVAL SIGNATURE
SHELL
4191 FIRST STREET,
PLEASANTON, CA 94566
Building Sign 22
MID 13
MID 24
1 Building Sign 1 Canopy Details5
6 Dispensers (6)
01/13/2026
Julio Vargas
02/05/2026

BUILDING SIGN 2

EXISTINGEXISTING

PROPOSED
PROPOSED SQ.FT
24 SQ. FT.

COLORS USED:
3M Scotchcal Translucent 3630-61
Slate Gray
3M Scotchcal Translucent 3630-33
Red
3M Scotchcal Translucent 3630-51
Silver Gray
Blue
3’
8’
16 th St
16t
h St
J St
Approval of this proof confirms that all
spelling, grammar, punctuation, numerials,
and colors are correct and ready to print.

CUSTOMER
NAME:

PHONE:

EMAIL:

PROJECT LOCATION

REVISIONS
INITIAL DESIGN:
1ST REVISION:
2ND REVISION:
3RD REVISION:

REVISIONS AFTER 3:

PAGE: 3/10

PROJECT OVERVIEW
DESIGNED BY:

This design is the property of AA Sign Image, Inc.
and may not be reproduced, copied, displayed,
or used for any purpose outside of this project
without written consent or purchase of full rights.

AA Sign Image, Inc. is not responsible for errors in
spelling, grammar, dimensions, or colors. Client
approval confirms all details are correct and
authorizes production.
12/05/2025

CUSTOMER APPROVAL SIGNATURE
SHELL
4191 FIRST STREET,
PLEASANTON, CA 94566
Building Sign 22
MID 13
MID 24
1 Building Sign 1 Canopy Details5
6 Dispensers (6)
01/13/2026
Julio Vargas
02/05/2026

3PRIMARY MID SIGN
Rendering
...for graphic purposes only and not intended for actual construction dimensions. For windload requirements, actual dimensions and mounting detail, please refer to final engineering specifications and install drawings.

PROPOSED SQ.FT

45.33 SQ. FT.
16 th St
16t
h St
J St
Approval of this proof confirms that all
spelling, grammar, punctuation, numerials,
and colors are correct and ready to print.

CUSTOMER
NAME:

PHONE:

EMAIL:

PROJECT LOCATION

REVISIONS
INITIAL DESIGN:
1ST REVISION:
2ND REVISION:
3RD REVISION:

REVISIONS AFTER 3:

PAGE: 4/10

PROJECT OVERVIEW
DESIGNED BY:

This design is the property of AA Sign Image, Inc.
and may not be reproduced, copied, displayed,
or used for any purpose outside of this project
without written consent or purchase of full rights.

AA Sign Image, Inc. is not responsible for errors in
spelling, grammar, dimensions, or colors. Client
approval confirms all details are correct and
authorizes production.
12/05/2025

CUSTOMER APPROVAL SIGNATURE
SHELL
4191 FIRST STREET,
PLEASANTON, CA 94566
Building Sign 22
MID 13
MID 24
1 Building Sign 1 Canopy Details5
6 Dispensers (6)
"86
"8-'5

EXISTING SIGN
96" CABINET
8'-0"
6” LEDS
6” LEDS
6” LEDS
6” LEDS
Cash Credit/
DebitGasoline
Diesel
#2
Regular
Plus
V-Power
35 1/2"
[902 mm]
Cash Credit/
DebitGasoline
Diesel
#2
Regular
Plus
V-Power
01/13/2026
Julio Vargas
02/05/2026