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THE CITY OF <br />�i�111:i:11�11 ui 1_ <br />EASANTON <br />MEMORANDUM <br />Date: April 3, 2025 <br />To: Mayor and City Council (,]J� <br />From: Gerry Beaudin, City Manager `"" <br />Mike Tassano, City Traffic Engineer <br />Dan Sodergren, City Attorney <br />Subject: April 8, 2025, City Council Agenda Item 2: Preliminary Budget <br />Recommendations — Information on Crossing Guards <br />This memorandum provides supplemental information on the City's obligations with <br />respect to crossing guards and other traffic safety measures around Pleasanton <br />schools. <br />Legal Background <br />Prior to 1978, school districts did not have the authority to pay for or to share with a city <br />the costs for school crossing guards. (See 60 Ops.Cal.Atly.Gen. 177.) However, in <br />1978, section 45450 was added to the Education Code giving specific statutory <br />authority to school districts to pay for crossing guards. <br />Cities also have statutory authority to provide crossing guards (i.e., cities are <br />authorized, but not obligated, to provide crossing guards). (See Vehicle Code, § <br />21100(i).) <br />Both cities and school districts may use fines and forfeitures collected from any person <br />charged with a misdemeanor under the Vehicle Code following arrest by an officer <br />employed by a city to pay for crossing guards. (See: Vehicle Code, § 42200; and <br />Education Code, § 45451.) The City collected approximately $21,000 in revenue from <br />this source in FY2023/24, which is recorded in a General Fund account, the General <br />Fund also currently funds the existing crossing guard contract. <br />The lack of crossing guards at a particular intersection does not constitute a "dangerous <br />condition" for the purposes of liability. (See: Government Code, § 830.4, and Cema v. <br />City of Oakland (2008) 161 Cal.AppAth 1340.) <br />