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improvements staff recommends the condition be removed. Councilmember Testa expressed uncomfortableness with not supporting the Planning Commission. MOTION: It was m/s by Pentin/Narum to introduce and waive first reading of Ordinance No. 2203 to approve applications of Abbas Mash for a Planned Unit Development (PUD) Rezoning and Development Plan demolish existing approximately 3,510-square-foot restaurant building; rezone the subject parcel from C-F (Freeway Commercial) District to PUD-C (Planned Unit Development — Commercial) District; and construct an approximately 10,980 square-foot, single-story, multi- tenant commercial building and related site improvements at 6455 Owens Drive, as filed under Case Nos. P16-1349 and PUD-121. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None 14. Public Hearing: Introduce an ordinance to add a new Section 18.140.030 Fines and Restrictions on Future Development for Illegal Historic Building Demolition to the Municipal Code; and adopt a resolution to modify the Purchasing Procedures and Manual to allow for contract cancellations when businesses violate the Municipal Code Community Development Director Clark provided a brief background and said preservation and rehabilitation of historic buildings are identified in the General Plan and the Downtown Specific Plan. She advised that owners of historic building must apply for a development application if seeking to alter, renovate, relocate or demolish a historic building. The Building Official may find a building unsafe or dangerous and allow demotion; however, the Municipal Code prohibits demolition through neglect. Staff looked at codes from other jurisdictions and supports allowing some alterations when properly considered as part of a new project application. The Planning Commission unanimously recommended approval with some modifications to include monetary fines and restrictions on future development if any action was not authorized or approved by the City. The proposed monetary fine would be the appraised value of the building (or altered portions thereof) before demolition or the replacement value, whichever is greater and the restrictions on future development would be possible limitations on square footage, total floor area ratio (FAR), height, setbacks, etc. so that the new building would be no larger than the demolished historic building and would retain the same historic style and design and would be enforced for 20 years. Those limitations can be relaxed if the new project is approved by the Zoning Administrator, Planning Commission or City Council. Director Clark presented the proposed changes to the Purchasing Procedures and Manual which would allow the City to cancel contracts when contractors violate federal or state laws, or the Municipal Code. Staff recommended City Council approve the proposed ordinance and resolution. In response to Councilmember Pentin's inquiry, Assistant City Attorney Larissa Seto advised it is difficult to bring a criminal action, however, the City would work with the District Attorney's Office to have them charge the offender. She further advised that all changes to the Municipal Code are posted and published in the local newspaper which is considered legal notice to the public. Assistant City Manager Dolan advised that there could be a substantial fine. Given the potential of a fine being imposed, Councilmember Pentin suggested historic building owners receive notice of the change In response to Councilmember Brown, Director Clark said the fine for an illegal partial alteration would be based on a percentage of the buildings assessed value. In response to Councilmember Testa's inquiry, Director Clark advised the Pleasanton Heritage Association works closely with homeowners by providing advice through the renovation process City Council Minutes Page 6 of 9 December 17, 2019