CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
February 15, 2022
This meeting was conducted in accordance with Governor Newsom's Executive Order N-29-20 and AB 361 COVID-19 pandemic protocols.
SPECIAL MEETING
locations orde ath hour of ofo17 p.ced special meeting of the City Council from various remote
ROLL CALL
Present: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown
Absent: None
PUBLIC COMMENT - None.
ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Govt. Code, §54957.6:
Agency representative: Brian Dolan, Debra Gill, and Art Hartinger Employee Organization: International Association of Firefighters Local 1974 ADJOURNMENT - The special meeting adjourned at 7:03 p.m.
REGULAR MEETING
Mayor Brown called the teleconferenced regular meeting of the City Council from various remote locations to order at the hour of 7:06 p.m. Councilmember Testa led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown
Absent: None
CLOSED SESSION REPORT
City Attorney Dan Sodergren advised there was no reportable action.
AGENDA AMENDMENTS - None.
CONSENT CALENDAR
Mayor Brown opened the public hearing.
Sharon Piekarski stated the Climate Action Plan (CAP) 2.0 is exciting and vitally important to both current residents and future generations. She added the City must work hard at reaching its goals, including encouraging mass transportation and increased usage of bicycles and walking. She encouraged implementing the Pedestrian and Bicycle Master Plan approved four years ago.
Mayor Brown closed the public hearing.
Councilmember Arkin stated she will recuse from Items 6 and 7 due to the proximity of her residence to the project site.
Councilmember Balch commended the work of Associate Planner Campbell and others on CAP 2.0.
Councilmember Balch moved to approve the Consent Calendar. Councilmember Testa seconded the motion.
In response to Councilmember Narum, Councilmember Balch confirmed he is including the memorandum the City Council received from Community Development Director Ellen Clark about solar water heaters into CAP 2.0. He amended his motion to include the memorandum.
Councilmember Testa accepted the amendment.
City Attorney
1. Adopted by minute order the findings regarding public health related to the COVID-19 pandemic to support continued virtual public city meetings per Resolution No. 21-1249 Community Development
2. Actions of the Zoning Administrator and Planning Commission
3. Adopted and waived full reading of Resolution No. 22-1270 adopting the Initial Study Negative Declaration for the City of Pleasanton Climate Action Plan 2.0 (CAP 2.0); Adopted and waived full reading of Resolution No. 22-1271 adopting the final Climate Action Plan 2.0
4. Approved a $70,000 allocation of additional Traffic Impact Fee (TIF) funding to CIP No. 17532; Authorized the Director of Engineering/City Engineer to approve and execute contract change orders for a contingency amount not-to-exceed $70,000 (approximately 10 percent) for the Bernal Avenue and Nevada Street Traffic Signal Installation Project, CIP No. 17532 for work performed by Ray's Electric
5. Reviewed the submitted proposals and awarded the city-wide annual traffic counts services contract to AimTD LLC; Approved and authorized the City Manager to execute the professional services agreement with AimTD LLC for annual traffic count services not-to-exceed $150,000 over a maximum term of five years; Authorized the Director of Communty Development to review and approve future term extensions per the provisions of the agreement
6. PUBLIC HEARING - Adopted and waived full reading of Resolution No. 22-1272 approving the Minor Subdivision Map P21-0132 at 3707 Trenery Drive to subdivide an approximately 1.3-acre "L" shaped vacant parcel on the southside of Trenery Drive and westside of Martin Avenue into two parcels (Parcels 1/A and 2/B); Intorduced and waived first reading of Ordinance No. 2232 approving the application for Planned Unit Development (PUD) rezoning and development plan approval to construct a: 1) two-story home and related site improvements on parcel 1/A (fronting Martin Avenue); And 2) single-story home and related site improvements on parcel 2/B (fronting Trenery Drive) at 3707 Trenery Drive, as filed under case Nos. PUD-142 and P21-0133; Adopted and waived full reading of Resolution No. 22-1273 approving a Growth Management Agreement for the construction of two new single-family homes at 3707 Trenery Drive, filed under Case No.
P21-0131; Found the project is exempt from environmental review pursuant to the California Environmental Quality Act Guideulines (CEQA);: *Councilmember Arkin recused
7. PUBLIC HEARING - Introduced and waived first reading of Ordinance No. 2233 approving the application for Planned Unit Development (PUD) development plan approval to establish City Council Minutes Page 2 of 16 February 15, 2022
development standards for the construction of a single-family home with two garages and a detached accessory dwelling unit with garage and related site improvements at 3747 Trenery Drive, as filed under Case No. PUD-144.; Found the project is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines (CEQA); *Councilmember Arkin recused
Engineering
8. Accepted off-site public improvements performed by Workday, Inc. on Stoneridge Mall Road, Foothill Road and Canyon Way for permanent maintenance; Authorized City Clerk to release the Performance Bond 09293227 in the amount of $1,251,779 by Workday, Inc. 60 days after this action pursuant to California Government Code §66499.7; Labor and Material Bond 09293227 in the amount of $1,251,779 by Workday, Inc. 60 days after this action assuming no liens are filed; and the Maintenance Bond 09293227 in the amount of $125, 178 by Workday, Inc. one year after this action assuming no latent defects are discovered
9. Accepted public improvements performed by Ashron Construction and Restoration, Inc. for the Livermore Pleasanton Fire Department Fire Training Tower Repairs Project, CIP No. 21458; Authorized City Clerk to file a Notice of Completion; Authorized release of retention in the amount of $29,062.13 to Ashron Construction and Restoration, Inc. 30 days after recordation of the Notice of Completion and the return of the project's unused balance of $16,256 to the General Fund - Capital Improvement Program Reserve (CIPR)
Finance
10. Accepted the monthly disbursements and investment report for December 2021
11. Approved the revised Debt Management Policy for the City of Pleasanton MOTION: It was m/s by Balch/Testa to approve the Consent Calendar as recommended and as noted, including the inclusion of the memorandum from Community Development Director Ellen Clark into Item 11. Motion passed by the following vote: *Councilmember Arkin recused on Items 6 and 7.
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
12. Presentation of a proclamation naming February 2022 as Rotary in Pleasanton month Councilmember Testa read the proclamation.
District Governor Flanders thanked the City on behalf of Pleasanton's three Rotary Clubs. He advised the Rotary Clubs have raised millions of dollars to benefit Pleasanton's residents and have performed countless hours of community service. He thanked the City Council for the honor.
Councilmember Testa thanked Mr. Flanders and all of the Rotarians. Mayor Brown thanked the Rotary Clubs for their service to the community.
13. Public Comment regarding items not listed on the agenda City Council Minutes Page 3 of 16 February 15, 2022
Mikail, director of KindlyTest, advised they are starting a new community-based COVID-19 testing site from February 18 through March 4 at the Alameda County Fairgrounds. He explained the company is a Bay Area medical diagnostics company and has been providing COVID-19 testing services throughout the Tri-Valley. He advised the testing site will not require appointments and all will be welcome regardless of insurance status.
PUBLIC HEARINGS AND OTHER MATTERS
14. PUBLIC HEARING - Consider a Planned Unit Development (PUD) Development Plan, vesting tentative subdivision map, and affordable housing agreement for an approximately 112-acre vacant site (APN 949-16-6, adjacent to 1000 Minnie Drive) in the Happy Valley Specific Plan area, allowing for the development of 22 residential units and related improvements, and vacation of a segment of a public road easement *Councilmember Balch recused Staff Recommendations:
1. Find the Initial Study and consistency analysis for the project have determined it is consistent with the HVSP, the HVSP Final Environmental impact Report FEIR); Find the proposed development is consistent with the General Plan;
3. Find the proposed development is consistent with the HVSP;
4. Introduced and waived first reading of Ordinance 2234 approving applications for Planned Unit Development (PUD) development plan and vesting tentative map for a 25-lot residential project located on a vacant parcel with APN No. 949-16-6, as filed under PUD-138 and Vesting Tentative Subdivision Map 8616;
5. Adopted and waived full reading of Resolution No. 22-1274 approving the Affordable Housing Agreement between the City of Pleasanton and AVS Ranch, LLC., as filed under Case No. PUD-138;
6. Adopted and waived full reading of Resolution No. 22-1275 ordering the vacation of an unused public right-of-way easement northeast of Westbridge Lane Councilmember Balch reported he will recuse from the item per guidance came from the State's Fair Political Practices Commission (FPPC) as his aunt and uncle, who are an indirect source of income, live adjacent to the property.
Director Clark advised the item is to consider a Planned Unit Development (PUD) application for the 22- lot, 112-acre Spotorno Ranch subdivision, along with approval of a vested tentative subdivision map, and affordable housing agreement.
Associate Planner Jenny Soo reported the site is a vacant site within the Happy Valley Specific Plan (HVSP) area identified for either PUD, semi-rural residential, agricultural, or open space uses. She reported the HVSP allows for 22 residential lots on the parcel if developed with either a major open space or an agricultural open space easement dedication. She presented a map depicting how the 22 residential units would be confined to 33 acres.
Associate Planner Soo reported staff is requesting approval of the PUD for 22 single-family residential lots, each with an Accessory Dwelling Unit (ADU), with design guidelines for the residences. She advised staff also seeks approval of Vesting Tentative Subdivision Map 8616. She reported the remaining 80 acres would be retained by the Spotorno family for agricultural use.
Associate Planner Soo reported the Parks and Recreation Commission reviewed and approved the trail layouts. She advised the Housing Commission was very pleased to see the Affordable Housing Agreement including the project's 22 ADUs. She reported the Planning Commission found the project is consistent with the General Plan, HVSP, and the HSVP's Environmental Impact Report (EIR), satisfies the PUD ordinance and Subdivision Map Act, has design guidelines reflecting the Happy Valley's City Council Minutes Page 4 of 16 February 15, 2022
characteristics, approved of the trail along Alisal Street, and recommended approval with modifications focusing on Alisal Street safety.
Associate Planner Soo reported the proposed Spotorno Ranch Drive would provide access to most of the lots with access points on both Alisal Street and Westbridge Lane. Three lots would have their access point along Westbridge Lane. The applicant proposed shared driveways to limit interruptions to the trails.
Associate Planner Soo displayed a map of the three trails within the site, including the Happy Valley Loop Trail which follows Alisal Street. The Spotorno Flat Area Trail would connect the Happy Valley Loop Trail to the Callippe Preserve Trail also known as the Golf Course Loop Trail.
Associate Planner Soo reported staff agrees with the Planning Commission's finding of conformity between the proposals and both the General Plan and HVSP, noting six of the lots are slightly narrower than the HVSP's requirements. Staff also supports the development and design standards, noting there will be a design review process including the detached ADUs. She added the HVSP allows for detached accessory buildings to be up to 25 feet in height and there will be enough space provided between the homes to allow for two-story detached ADUs. The applicant has agreed to have the second floor of the ADUs only cover 40% of the first floor. Staff approves of both the proposed traffic safety measures along Alisal Street and the proposed trail map. She reported the Planning Commission included Conditions of Approval surrounding pedestrian safety measures along Alisal Street for the City Council to consider. She reported the applicant has agreed to the conditions.
Associate Planner Soo reported per the California Environmental Quality Act (CEQA), the project does not require an EIR beyond the Final EIR done for the HVSP in 1989 according to an initial study performed by staff.
Associate Planner Soo reported public comments led to the traffic calming measures proposed for Alisal Street and enhancements to pedestrian safety along the roadway. The City's engineering staff has concluded the project will improve the area's drainage. The design elements of the homes will be consistent with the area's other design characteristics. She recommended the Council approve the project as the best use for the site.
In response to Councilmember Testa, Director Clark confirmed the 22 units and 22 ADUs will both apply to the City's sixth-cycle Regional Housing Needs Allocation (RHNA) quota. She also clarified a project of this size and nature would require an HOA. She advised once this discussion happens, there will be discussions about prohibiting Senate Bill 9 developments within the HOA.
In response to Councilmember Arkin, Director Clark reported the conclusion of both the City's engineers and CEQA documentation is the project would not cause any drainage issues but rather improve drainage by putting more structures into what is now open space. She advised the project meets all storm water requirements and includes water retention to slow down storm water flows. She confirmed the project is designed to adequately handle the storm waterflow.
Senior Civil Engineer Michael Stella reported the applicant has designed a sophisticated storm water drainage system which staff has reviewed and believes is adequate. He advised the resident who raised this concern lived in their house before the construction of the Callippe Preserve Golf Course and Westbridge Lane both of which now redirect storm water away from the resident's house. He advised the project will only further enhance the new drainage in the area.
In response to Councilmember Arkin, Director Clark confirmed the project would not have any impacts on groundwater. She also clarified the Traffic Study looked closely at the project because traffic issues were a common refrain. She advised staff found speeding already happens on those roads with their narrow shoulders leading to an unsafe feeling for pedestrians. She explained the project is only City Council Minutes Page 5 of 16 February 15, 2022
bringing a small increment of additional traffic and includes both traffic calming improvements and trail improvements for better pedestrian separation.
In response to Councilmember Arkin, Director Clark advised there is a comprehensive set of design standards and staff would review each home individually to ensure compliance. She explained the standards were written to ensure the houses would fit in with the rural characteristics of the Happy Valley area. She also confirmed the Affordable Housing Agreement includes Lower Income Housing Fees for each new home and ADUs would provide a source of affordable housing for this development.
In response to Councilmember Narum, Director Clark clarified the applicant would pay up to the value of fee credits for the improved bicycle trails plus an additional 11% of excess costs. She explained if costs did exceed 11%, there would have to be a discussion about the source of the funding for the trails, but added it would most likely come from the Transportation Capital Improvement Fund. She clarified the amount of available funding is contingent on what projects are approved by Council over the coming years. She added staff is confident it will come up with a project fitting within the balance of fee credits, let alone having the 11% buffer to help cover the costs of construction.
In response to Mayor Brown, Director Clark stated it has not yet been determined who will manage the 80 acres of open space but added Tri-Valley Conservancy is a likely organization. She also confirmed the project is compliant with Measure PP, Measure QQ, and hillside protection ordinances.
In response to Mayor Brown, Associate Planner Soo stated the maximum size of the ADUs will be 1,000 square feet. Director Clark clarified 1,000 square feet is the maximum for a two-bedroom ADU as mandated by State law and the City's ADU ordinance complies with this standard.
Mayor Brown added the Council discussed not allowing two-story ADUs if they are being incorporated into an existing neighborhood but noted it does not apply here because this is a new neighborhood.
In response to Mayor Brown, Director Clark clarified there are no public trails currently running across the Spotorno site.
In response to Mayor Brown, Traffic Engineer Mike Tassano clarified residents will be able to choose from a menu of options including speed bumps, radar speed signs, or others at the residents' discretion. He added the current speed bumps and radar speed signs were requested by the residents in 2006. Director Clark stated the traffic calming elements are intended to be developer-funded as part of the project.
In response to Councilmember Testa, Director Clark stated the design guidance is derived from the HVSP. Staff also looked at subdivisions near the Callippe Preserve Golf Course to take architectural cues. Associate Planner Soo confirmed the styles selected include English Tudor and French Country.
She added these styles can be found off of Sycamore Road in the nearby Greenbriar neighborhood.
She added the majority of the new homes will be in a California or Spanish bungalow style. She added having options will avoid the houses being done in a cookie-cutter style while also fitting in with the surrounding areas. She clarified the square footage will be limited to 20% of each lot. include filling in the scar. Director Clark added the homes will also have to be designed to the appropriate seismic standards.
Spotorno family consultant Marty Inderbitzen expressed appreciation for the City staff's work.
City Council Minutes Page 6 of 16 February 15, 2022
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John Spotorno reported the Spotorno family has partnered with many prominent developers since the adoption of the HVSP in 1998 but were unable to get the requisite entitlements so this time they decided to apply for the entitlements themselves. He encouraged the Council to recognize all of the work that went into the proposal, support the staff's recommendations, and approve the item.
Mr. Spotorno added specific floor plans for houses are not proposed in the application and individual building designs will be submitted to the City for approval and the larger lots allow for separation of homes. He added each lot will have direct access to trails and the rural countryside. He added this project two miles from downtown will add to the City's needed housing inventory in a manner consistent with the City's adopted plans and the development will help the City's affordable housing situation by mandating each lot must include an ADU in addition to paying the full in-lieu affordable housing fee exceeding $1 million.
Mr. Spotorno detailed the benefits of the development and noted the Floor Area Ratio (FAR) of 20% is below the HVSP's limit. He added to the many highlights reported by staff by noting each home will have a net-zero energy goal. He stated the goal of the development is to create a neighborhood encouraging healthy living, sustainable lifestyles, and local outdoor activities.
Mr. Spotorno added there will be an additional measure of traffic calming created by the creation of the intersections at either end of the proposed Spotorno Ranch Drive featuring stop signs.
In response to Mayor Brown, Mr. Spotorno noted there is a list of sustainability guidelines and options for the development. He added solar hot water heaters may or may not be the latest and most sustainable technology noting the new more-efficient tankless instant water heaters. He added the family's belief is the houses should generate as much energy as they consume and there are numerous ways to meet this goal.
In response to Mayor Brown, Associate Planner Soo clarified the width of Spotorno Ranch Drive allows for parking on one side but the proposal includes only on-site street parking.
Mayor Brown suggested the HOA build a small parking lot in case of a large gathering at a home.
In response to Mayor Brown, Associate Planner Soo confirmed building materials will be reviewed by staff with wildfire risks being a factor for consideration. Mr. Spotorno added the family hopes to continue having cattle graze the land behind the development, reducing the grass fire risk. He added there is also an intention of collecting the drainage water between the houses and the open space. He noted there will be a maintenance road along the fault line offering easier access to the backside of the property for emergency vehicles. He added the design guidelines include fire-resistant materials and required sprinklers.
In response to Mayor Brown, Mr. Spotorno stated it is important to connect the environmental habitat with surrounding areas like Diamond Canyon and Callippe Preserve. Mr. Inderbitzen added the conservation easement will be put together after the approval of the project. He noted the Spotorno family has been great stewards of the land for 154 years and should be able to accomplish this well into the future.
Mayor Brown opened the public hearing.
Robin Boggs stated her priority is the safety of her community as a resident of Sycamore Road. She stated speeding traffic is a daily concern of her community and urged the Council to consider the Pedestrian and Bicycle Master Plan. She requested the Council review videos she took of speeding vehicles on her street. She urged the Council to consider additional safety measures and raising the height of the speed bumps or posting additional stop signs. She commended the project but requested increased road safety.
City Council Minutes Page 7 of 16 February 15, 2022
Deborah Insel echoed Ms. Boggs' comments. She thanked the Spotorno family, Planning Commission, and City staff for their work on the path along Alisal Street for pedestrian protection. She added they will no longer have to walk in the road. She encouraged the Council to approve the plan.
Steve Mix expressed support for the plan. He added there are concerns on the neighborhood's narrow streets about vehicular traffic, particularly the trucks and cars coming for construction. He requested the Council put the traffic mitigation plans and walking path along Alisal Street into the early part of the construction process. He encouraged the Council to get the community involved.
Dave Muller expressed his support for the project and commended the work of the Planning Commission. He noted how difficult the work of the Council is balancing the City's charm against the need to grow, relating tales from working with the City to approve Sunflower Hill at Irby Ranch. He stated the landowners and Planning Commission got it right in putting together a thoughtful development that will blend in nicely, add trails, and help with affordable housing through ADUs.
Becky Dennis supports the project noted how it meets the City's CAP 2.0 ideals, stating it is forward- thinking and the future face of agriculture. She thanked the Spotorno family for bringing this project forward and congratulated them on their work. She stated it is fitting this development and the approval of CAP 2.0 are on the same agenda.
Sean Tregear noted Alisal Street has been addressed but not either Happy Valley Road or Sycamore Road which both feed the community. He reported Happy Valley Road is narrow with no sidewaiks and is getting beaten up by heavy traffic use. He cautioned about pedestrian and bicyclist dangers. He requested focus on enhancing the safety of Happy Valley Road and Sycamore Road. He expressed concerns about drainage into the creek running through his property and added it has caused erosion issues. He inquired about the timeline of the project.
In response to Mayor Brown, Interim City Manager Brian Dolan confirmed much of Happy Valley is owned by Alameda County including much of Alisal Street. Traffic Engineer Tassano added the County did traffic calming for Happy Valley around 2018. He added the City worked with the County and paid for the Alisal Street traffic calming measures when the Callippe Preserve Golf Course was created.
Jocelyn Combs stated this project has been a long time in the making. She expressed support for provisions about ADUs, the Low-Income Housing Fee, and compliance with CAP 2.0. She thanked all involved with the project and encouraged the Council to support the project.
Mike Bailey inquired if the lots will be on the City's well and sewer system, asked where water will be channeled out of the development, requested more information on common lot usage, asked how an HOA would work concerning SB 9, asked if the bio-retention area will look the same as it does now, and asked about the viability of a three-way stop sign where Spotorno Ranch Road meets Alisal Street.
Director Clark confirmed the development will be connected to the City's water and sewer system, the water channeling has no net increase in runoff due to improved storm drainage, the bio-retention area will see added landscaping and engineering of the basin, and the HOA could choose to limit additional subdivision under SB 9. She added the third parcel is the open space.
In response to Councilmember Testa, Director Ciark clarified ADU laws and SB 9 are separate laws but related. She clarified if an HOA restricts SB 9 splits it can limit the total number of ADUs within the development to one per property. A second ADU would have to be an accessory to a primary structure.
A Junior ADU is a separate question because it is the interior space of a home and not a new structure.
Erin Sorgel stated she is not excited about the development expressing concerns for her young children about the traffic increases to come near her home on Sycamore Road. She stated the development City Council Minutes Page 8 of 16 February 15, 2022
does not fit in with the area's country feel and rural aesthetic. She inquired about the timeline of the project.
Mayor Brown closed the public hearing.
In response to Mayor Brown, Mr. Inderbitzen stated it would take most of the rest of the year to finalize the pian with construction starting no earlier than spring of 2023. He added with the current pace of projects it is most likely it will not be until the end of 2023 for them to even get out to grade.
Marianne Spotorno stated there is importance in preserving the legacy of the Spotorno Ranch while embracing the future. She added they will continue to promote the best practices of land management and sustainability which have been passed down through generations of her family. She added they are adapting their ranching operations for a sustainable future with the open space supporting wildlife and providing environmental public benefits.
LaVerne Spotorno stated she and her late husband have been working towards this since 1994. She stated the efforts have been beneficial and added the Spotorno family has been ranching on this land since 1867. She stated they have worked hard to meet the City's expectations for the development, along with implementing the desires of their neighbors.
In response to Councilmember Arkin, Director Clark stated it would be difficult to say if the traffic issues could be handled before the development's construction because they do not know the sequence yet for the construction. She stated she would consider it difficult to commit the applicant to do this first but noted they could strive for it and encourage it.
In response to Councilmember Arkin, Traffic Engineer Tassano confirmed staff will look at possible traffic measures on Sycamore Road when they address Alisal Street. He added Happy Valley Road was recently redone. The County will have to be involved but they want to ensure residents are happy.
Mayor Brown requested staff and the PPD look at speeding in the area. Interim City Manager Dolan confirmed Police Chief Swing is listening and has received this message.
Councilmember Arkin moved to approve all six staff recommendations. She stated traffic calming and timely trail construction are important. She added the project meets the General Plan requirements, the architecture will be compatible with the area, and the ADUs are a good way to address housing options.
She agreed with the Planning Commission's recommendation of trail construction. She stated the water issues were addressed and noted how the development will help with CAP 2.0.
Councilmember Narum seconded the motion. She thanked all involved and noted the seven previous applications were not all consistent with the General Plan and this will bring closure to the land through consistency with the HVSP. She highly commended the design guidelines, sustainability, and transition into the open space. She added it seems more efficient to have the project construct the Happy Valley Loop Trail in exchange for credits.
Councilmember Testa stated it is a lovely project and will be a lovely neighborhood. She expressed appreciation for the effort involved in bringing a project forward the majority of the neighbors will support. She thanked Traffic Engineer Tassano for his commitment to making the project even better for neighbors.
Mayor Brown stated it is a beautiful project that will look like what is expected of Pleasanton away from the core of the City. She thanked the Spotorno family for the document discussing the history of the property since 1867, noting how portions of it were previously sold for the construction of Westbridge Lane and Alisal Street. She stated it is fitting they provided an environmentally-sensitive housing project.
City Council Minutes Page 9 of 16 February 15, 2022
MOTION: It was m/s by Arkin/Narum to approve all 6 staff recommendations as recommended and as noted. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown
Noes: None
Absent: None
Recused: Councilmember Balch
Councilmember Balch returned to the meeting.
Mayor Brown recessed the meeting at 9:16 p.m. and reconvened at 9:20 p.m.
15. Approve framework and estimated expenditures for Weekend on Main Street Closure Program in Downtown Pleasanton and allocate $100,000 event sponsorship to Pleasanton Downtown Association for 2022 programming
Interim Assistant City Manager Pamela Ott reported the Weekend on Main Street Closure Program involved closing Main Street to vehicular traffic every weekend to provide merchants an opportunity to expand operations during the pandemic and attract visitors to downtown with an opportunity to social distance. The program, recommended by the Pleasanton Downtown Association (PDA), ran from June 19 to November 1, 2020, every weekend with Main Street closed from Del Valle Parkway to Old Bernal Avenue, including portions of Neal Street, and East Division Street. In 2021 the program returned from April 30 through Labor Day weekend based upon the PDA's recommendation.
Interim Assistant City Manager Ott reported the Council directed staff to collaborate with the PDA to develop a future plan. An advisory group was formed involving a PDA retailer, restaurateur, and service business, and a resident of downtown and City at large. The input received included having the Weekend on Main closure once a month, having a window from Friday afternoons through Sunday evenings, having the event from May to October, only closing from the Main Street bridge to south of Old Bernal Avenue, and adding daytime programming to attract more patrons outside of typical dining windows for better retailer support opportunities. She added the advisory group landed on once a month instead of weekly to make the event feel more special.
The general perspective of retailers is they have been negatively impacted by Weekend on Main but do understand and support it conceptually. She noted retailers would like the event to happen once a month from May to October, extending from the Main Street Bridge to Old Bernal Avenue, with street programming. Retailers strongly opposed Weekend of Main extending into November and December due to access to their storefronts during the holiday shopping season.
Interim Assistant City Manager Ott reported the restaurateurs feel they have been positively impacted by Weekend on Main and value how it enlivens downtown. She added they support having Weekend on Main twice a month with an extension of the Sunday evening closure to 9 p.m. allowing for more evening diners. She reported restaurateurs want Weekend on Main to run from May to December, closure from the Main Street Bridge to Old Bernal Avenue, and street programming.
She reported the community input was very positive for being pedestrian-oriented, offering expanded outdoor dining, and an opportunity to better enjoy downtown. Concerns from the community include access to businesses and lack of parking availability.
Interim Assistant City Manager Ott stated some other considerations for the discussion include matters of traffic and circulation, including the rerouting of deliveries. She stated downtown residents found the closures impeded direct or convenient access to their homes, noting some can only access their City Council Minutes Page 10 of 16 February 15, 2022
residences from Main Street. She added downtown businesses had issues with limited access for vendor and customer parking and delivery services.
The PDA's recommendation is to hold Weekend on Main on the first weekend of each month from May through December, closing from the Main Street Bridge to Old Bernal Avenue with street activation activities on Saturdays. PDA will incorporate Weekend on Main into annual downtown programming, collaborate with restaurateurs and retailers on shopping local cross-promotion, and hold its Concerts in the Park on Friday nights during non-street closure weekends. The monthly recommendation is due not only to the interests of the PDA's constituents but also the PDA's pandemic-depleted resources and event-hosting abilities.
Interim Assistant City Manager Ott noted the event incurs expenses for barricades and staff overtime.
For 2022, closing monthly from May through October costs an estimated $118,000 and about $170,000 monthly from May through December. Using only staff and no outside vendors would be either $50,000 from May through October or $64,000 from May through December. The staff-only option, largely from the Operations Services department, would be feasible no more than once a month. Due to the PDA's severely reduced revenue, the Council is asked to consider sponsoring the 2022 series for $100,000 allocated from the Business Support Fund; the Fund's balance is currently about $1.35 million.
Staff's recommendation for 2022 is to hold Weekend on Main on the first weekend of every month from 4:00 p.m. on Friday until 9:00 p.m. on Sunday from May through October, closure of the Main Street bridge to Old Bernal Avenue, and PDA street-activation programming on Saturdays. Council direction is requested on whether to add November and December to this proposed schedule. She noted the frequency could be expanded in future years but will have to consider if the City can handle Concerts in the Park and a Main Street closure.
Mayor Brown noted the first weekend in December is the City's Hometown Holiday Parade.
In response to Mayor Brown, Interim Assistant City Manager Oft stated there was a discussion about how the parade and Weekend on Main could coexist and while not infeasible, there would be logistical considerations needed.
In response to Councilmember Balch, Interim Assistant City Manager Ott clarified Weekend on Main predates the formal parklets and staff is recommending something similar to the old procedures for businesses without a formal parklet, allowing them to expand out into the street.
In response to Councilmember Balch, Interim Assistant City Manager Ott confirmed statt is recommending hoiding only six or eight Weekend on Main events. She confirmed businesses that went through a design review for parklets can begin construction on March 1.
In response to Councilmember Testa, Interim Assistant City Manager Ott clarified the standardized arklet design will be ready by the beginning of April. She also reported at last year's discussion there vere significant staff concerns about opening one side of the street for vehicular traffic, that blend cars with a pedestrian downtown experience. She recalled challenges for both vehicles and pedestrians at the intersection of Main Street and Neal Street.
In response to Councilmember Testa, Interim Assistant City Manager Ott stated there are more restaurateurs than retailer's downtown but could not provide a ratio for comparison.
In response to Councilmember Testa, Interim Assistant City Manager Ott clarified the $100,000 sponsorship is intended to heip the PDA bring programming to the event, such as a band or creative activities. She confirmed the City is already paying for the cost of the Main Street closure.
City Council Minutes Page 11 of 16 February 15, 2022
In response to Councilmember Arkin, Interim Assistant City Manager Ott stated the timeline for building the new parklets will be truncated by a couple of weeks because of having a pre-approved design, providing restaurants more time to have them ready for the beginning of May.
In response to Councilmember Arkin, Interim Assistant City Manager Ott clarified the downtown resident for the advisory group lives on First Street and was selected by the PDA. The non-downtown resident was Dave Selinger.
In response to Councilmember Arkin, Interim Assistant City Manager Ott clarified other parades such as the soccer parade could be incorporated into the proposed schedule using the emergency vehicle access lane.
In response to Councilmember Arkin, Interim Assistant City Manager Ott confirmed the PDA is confident in its once-per-month recommendation between its capacity issues and the desires from a majority of retailers.
In response to Councilmember Narum, Interim Assistant City Manager Ott clarified the reason for Concerts in the Park being proposed for Weekend on Main off weekends is concern for PDA's ability to deliver on all of these events in addition to staff concerns about traffic and parking with both events occurring simultaneously. If Main Street is closed for the Hometown Holiday Parade in December, they could work to expand the closure window for the whole weekend.
In response to Mayor Brown, Interim Assistant City Manager Ott stated any change from the current water barriers would involve a conversation with Traffic Engineer Tassano and the PPD because the barriers would have to be strong enough to stop a vehicular impact. Traffic Engineer Tassano stated he is not familiar with the City owning any of the sawhorse barriers she described.
In response to Mayor Brown, Interim Assistant City Manager Ott did not know the exact number of retailers added to downtown over the past year.
Mayor Brown opened the public hearing.
Bryan Bowers, PDA President, thanked the City Council for considering its request to bring back Weekends on Main. He stated there are competing stakeholders with differing opinions of what the program should look like going forward. He added residents also want Concerts in the Park to return, leading to PDA's monthly recommendation. The PDA wants to fill the blank space during the day and engage the retailers. Because of the Main Street closure for the Hometown Holiday Parade it made sense to try and take advantage of a December Weekend on Main. He stated the PDA would love to have a conversation with the City about parking enforcement.
Andre Pegeron requested Weekend on Main weekly. He stated Main Street is where you want to see people. He commended the ideas on programming but stated he does not need it, preferring instead that there be no cars. He added every car taken off of Main Street adds a table or two per restaurant or more walking space. He stated the City does not need to throw the weekly concept away because it did not work for retailers. He suggested the installation of retractable bollards as barricades as a one-time budget expense and not an annual one.
Jaime Zile stated she needs a way to get customers to her store easier. She thanked the Council for considering having Weekend on Main only once a month because having them weekly hurt her business. She requested better signage, noting customers come from different locations and often out- of-town. She requested using some of the $100,000 sponsorship to better direct customers to downtown off of Del Valle Parkway and Santa Rita Road to eliminate a bottleneck. She wished a more tenured retailer was selected for the advisory group.
City Council Minutes Page 12 of 16 February 15, 2022
Mayor Brown closed the public hearing.
Councilmember Balch stated the pendulum has swung back a little bit from the past two years but the challenges are real. He noted downtown parking has been very packed lately. He expressed concerns about the non-active use between traditional meal windows, stressing the need for programming to keep people around. He stated downtown cannot only be for restaurants. He would like to see it at least twice a month but noted this is a steppingstone, echoing public comments about not wanting to dine around moving cars.
Councilmember Balch moved to approve staff recommendation but added going through December could work as a compromise and the Hometown Holiday Parade would be an outstanding back-end anchor point. He called for additional signage. He added there should be a prohibition on parklet construction during the Weekend on Main period.
In response to Mayor Brown, Councilmember Balch agreed with having staff handle the barriers due to cost. Mayor Brown requested that it be part of the motion.
Councilmember Balch amended his motion to incorporate the staff-only option.
Councilmember Testa reported many restaurant owners feel like twice a month is a sufficient compromise. She agreed every weekend is too negative of an impact on retailers. She added twice-a- month also allows for bimonthly Concerts in the Park on the other two weekends. She reported speaking to a staffer at Baci Café and Wine Bar saying downtown had become a destination and reported business is down 30% without Weekend on Main and added all restaurants want at least bimonthly as reflected in the staff report. She stated restaurants have had to turn away diners without the parklets and closures and twice a month is a fair compromise to support retailers.
Councilmember Balch stated he would also prefer bimonthly but expressed concerns there would be sufficient programming based upon comments from staff and the PDA.
Councilmember Testa stated reducing to once a month for the PDA is not necessary. She requested to make a substitute motion.
City Attorney Sodergren clarified the need for a motion and a second on the original motion before there can be a substitute motion.
Councilmember Narum seconded Councilmember Balch's motion.
Councilmember Testa made a substitute motion to have Weekend on Main on the first and third weekends of every month from May through December with the City handling the barriers for cost reasons.
In response to Mayor Brown, Interim Assistant City Manager Ott noted Weekend on Main creates costly overtime pay and doing it bimonthly would necessitate using outside vendors.
Councilmember Testa's substitute motion failed for lack of a second.
Councilmember Narum agreed bimonthly would be nice but they have to be realistic with what the PDA can handle. She added Main Street cannot survive with restaurants alone, stressing the importance of its retailers and service businesses. She noted the advisory group the Council asked staff to assemble put a lot of work into the recommendation and it should be honored, along with the PDA's wishes.
Councilmember Arkin stated she loves the closures, but they need to support all downtown merchants.
She added retailers are struggling and the recommendation by staff and the PDA is a good City Council Minutes Page 13 of 16 February 15, 2022
compromise. She added the City is supporting restaurants through the Parklet Program and having some regular Main Street closures. The closures also cause access chailenges for many downtown residents and residents with mobility issues.
Councilmember Arkin expressed support for the motion. She added residents will also value the return of Concerts in the Park. She expressed support for increased signage, noting not all patrons live in Pleasanton and are familiar with the closings. She added once per month is reasonable even if it extends into December. She expressed support for the $100,000 sponsorship.
Mayor Brown stated there are very important retailers downtown, requiring a balance between the different types of businesses. She encouraged the PDA to fill downtown vacancies. She called to keep downtown fun and family-friendly. She noted mask-wearing is becoming more limited and expressed hopes the pandemic years are nearing the end.
Councilmember Testa stated bimonthly is still supporting the retailers by striking a balance between the previous weekly schedule and the proposed monthly schedule. She noted the staff report states restaurants were being very sensitive to business owners by agreeing to bimonthly. She clarified she is voting no because she does support the Weekend on Main Closure Program.
MOTION: It was m/s by Balch/Narum to approve staffs recommendations and run the program through December. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Mayor Brown
Noes: Councilmember Testa
Absent: None
16. Accept the Annual Comprehensive Financial Report (ACFR) and other related audits for the year ending June 30, 2021
Director of Finance Tina Olson reported City staff and auditors went thoroughly through the Annual Comprehensive Financial Report (ACFR) on January 26 with Councilmembers Narum and Balch serving on the subcommittee.
Director Olson reported this is the first year of a five-year contract with independent auditor Lance, Soll & Lunghard, LLP (LSL). The ACFR was prepared following guidelines set by the Government Finance Officers Association of the United States and Canada (GOA), and the Governmental Accounting Standards Board (GASB). The ACFR notes the City receiving a GOA Certificate of Achievement for Excellence in Financial Reporting in Fiscal Year 2019/20 for the 24' consecutive year. The auditors have taken no material exceptions to the City's financial report.
Director Oison reported the City's total assets exceeded its liabilities by $752.9 million at the close of FY 2020/21, an increase of $3.9 million from the previous year. She stated the City's slightly over $1 billion in assets are led by $668 million worth of capital assets plus a total of $305 million in cash and investments. She reported the City has $278.9 million in liabilities, $221.5 million of which is pension- related. She added the City has more cash available than liabilities reflecting its overall fiscal stability.
Director Olson reported the City has $152.2 million in governmental funds excluding long-term liabilities and physical assets, up $3.2 million from last year. The General Fund's balance is $43.7 million, up $6.4 million from the previous year. The $7.4 million in the Rainy Day Fund is included in the General Fund balance along with $1.9 million in Public Agency Retirement Services (PARS) earnings. Goth the Water Fund and Sewer Funds had big increases leading to $56.9 million in the Enterprise Funds. The Internal Services Funds are up to $61.5 million led by the PARS Section 115 Pension Trust Fund.
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Director Olson reported the City has $645,106 of outstanding debt. She touched on the City's $187 (Other Post-Employment Benefits) OPE liability continues to decrease. She added the Livermore- Pleasanton Fire Department (LPFD) issued separate audited financial statements.
Director Olson reported the City had an audit finding this year from a lack of segregation of duties when approving two journal entries stemming from both a Financial Services Manager on extended leave and the Finance Director's vacation. She reported the problem has been corrected by activating a feature in the Munis software preventing someone from receiving a journai entry they prepared themselves.
Mayor Brown opened the public hearing. There being no comments, the public hearing was closed.
Councilmember Narum moved to accept the ACFR. She congratulated Director Olson and staff for receiving another clean opinion from the auditor and earning a Certificate of Achievement. She noted the importance of the City's cash far exceeding its liabilities, theorizing not many cities can make this statement. She credited good financial stewardship and fiscal responsibility by past Councils.
Councilmember Baich seconded the motion. He commended Director Olson and staff for their work. He reported the Water Fund and the Sewer Fund are exceeding the City's policy-set reserve levels but they are justified due to the sewage issues and Per- and Polyfluoroalkyl Substances (PFAS) challenges. He noted the City's financial position was strengthened during the pandemic despite the significant drop in Transient Occupancy Tax (TOT) revenues. He added the California Public Employees' Retirement System (CalPERS) situation shows why the PARS Section 115 Pension Trust Fund is so crucial as was the good stewardship by past Councils.
Councilmember Arkin commended Director Olson and her team for their work and for having a clean audit. She thanked Councilmembers Narum and Balch for their work on the subcommittee.
Councilmember Testa commended the report and the City's strong fiscal position.
In response to Mayor Brown, Director Olson confirmed CaPERS had a 21.5% return on investment.
She added it has significantly changed the pension liability picture. She added there will be more information forthcoming in the mid-year budget review.
Mayor Brown noted this is why the City has the Section 115 Trust and the Rainy Day Fund which is robust at $7.4 million. She commended how well the audit finding was handled and how detailed the process to correct it was described.
MOTION: It was m/s by Narum/Balch to accept the ACFR as recommended and as noted. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL - None.
COUNCIL REPORTS
Councilmember Narum reported the Livermore Amador Valley Transit Authority (LAVTA) will have a Madden Memorial Cruiser rotating between its member cities in memory of late Pleasanton resident John Madden. LAVTA is also rolling out its plans for zero-emissions buses. She added Valley Link has hired a new Executive Director.
City Council Minutes Page 15 of 16 February 15, 2022
Councilmember Balch reported StopWaste is working on Assembly Bill 1383 compliance and has taken up the issue of reusable food containers. He stated the StopWaste presentation will be passed on to the other Councilmembers.
Mayor Brown reported when LAVTA staff contacted the Las Vegas Raiders regarding the Madden Memorial Cruiser the franchise provided free archival photographs for use on the bus wrap. She added the bus will be going all over the Tri-Valley.
Councilmember Testa reported attending the Tri-Valley City Councils dinner where there was a presentation about ValleyCare's attempt to bring a trauma center to the Tri-Valley. She reported attending a California League of Cities (Cal Cities) Housing and Community Development Committee meeting where Cal Cities is discussing redefining what local control means in its mission statement.
ADJOURNMENT
Councilmember Testa adjourned the regular meeting at 11:16 p.m., with a tribute to men and women serving in the military, honoring the memories of those who have died in defense of our country.
Respecttully submitted
Locl
Jocelyn Kyong
City Clerk
City Council Minutes Page 16 of 16 February 15, 2022