CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
April 19, 2022
This meeting was conducted in accordance with Governor Newsom' s Executive Order N- 29- 20 and AB 361 COVID- 19 pandemic protocols.
REGULAR MEETING
Mayor Brown called the hybrid regular meeting of the City Council from the Council Chamber located at 200 Old Bernal and via Zoom to order at the hour of 7:00 p.m. Councilmember Narum led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown
Absent: None
Mayor Brown held a moment of silence to remember former Mayor Jerry Thorne and her daughter, Stephanie Bell.
AGENDA AMENDMENTS
Interim City Manager Brian Dolan continued Items 13 and 20 to a future meeting.
Mayor Brown moved to table Item 24. Councilmember Balch seconded the motion.
MOTION: It was m/s by Brown/ Balch to table Item 24. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
Councilmember Balch pulled Item 19 for further discussion.
CONSENT CALENDAR
Mayor Brown opened the public hearing.
Dave Caldwell, Commander of Veteran of Foreign Wars ( VFVV) Post 6298, welcomed back Girard Beaudin on behalf of the VFW.
Douglas Miller extended his condolences to Mayor Brown on the loss of her daughter. As a representative of American Legion Post 237, they welcome back Mr. Beaudin. He spoke of the work the VFW and American Legion do to support and honor the City' s senior veterans, their efforts to assist younger veterans returning to Pleasanton following their service, and their community service efforts including a recent $ 10, 000 donation to Goodness Village.
Mayor Brown closed the public hearing.
Mayor Brown reported Item 2 is an employment contract for Gerry Beaudin to serve as City Manager.
She advised his annual compensation will be $ 280, 000.
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 City Council
2. Approved employment contract with Girard Beaudin to serve as the City' s next permanent City Manager and authorized the Mayor to formally execute the agreement on behalf of the City Council.
City Manager
3. Adopted Resolution No. 22-1284 approving the Cities of Dublin and Pleasanton Disaster Debris Management Plan
4. Adopted Resolution No. 22-1285 endorsing the Alameda County Home Together 2026 Implementation Plan to address Homelessness
5. Approved meeting minutes of December 21, 2021
Community Development
6. Actions of the Zoning Administrator
7. Public Hearing — Adopted Resolution No. 22- 1286 approving the standard Parklet Design Package for the Downtown Parklet Program
Economic Development
8. Public Hearing — Renewed the Tri-Valley Tourism Marketing District and levy an assessment on lodging businesses; introduced and Waived first reading of Ordinance No. 22-2237 amending Chapter 5. 36 of the Pleasanton Municipal Code; and Adopted and waived full reading of Resolution No. 22-1287 declaring results of majority protest proceedings and renewing the Tri- Valley Tourism Management District Plan; and approved an agreement with Visit Tri- Valley to administer the District
Engineering
9. Approved the proclamation recognizing April 30, 2022, as Arbor Day in the City of Pleasanton to maintain " Tree City USA" designation
Finance
10. Accepted the claim disbursements in the amount of$ 15, 332, 693 and investment report for the month of February 2022
Fire
11. Public Hearing — Received any protests and adopted and waived full reading of Resolution No. 22- 1288 Approving the 2022 Weed Abatement Program and authorizing the abatement of weeds, rubbish, dirt or refuse upon or in front of certain described properties within the City of Pleasanton
Human Resources
City Council Minutes Page 2 of 15 April 19, 2022
12. Approved an amendment to the purchase order between the City of Pleasanton and Stanford Health Care ValleyCare for COVID- 19 tests, pre- employment medical exams, and other similar services in an amount not to exceed $ 200, 000 through June 30, 2022
13. Continued - Authorize the City Manager to approve and execute a Professional Services Agreement with Renne Public Law Group, LLP for legal services in an amount not to exceed 800, 000 over the term of the contract
14. Adopted and waived full reading for Resolution No. 22- 1289 waiving the 180-day waiting period for this designated retired annuitant and appoint Debra Gill as extra help as a retired annuitant in labor negotiations and several ongoing, complex projects consistent with work at the level of Director of Human Resources and Labor Relations. This limited duration assignment will be effective April 20, 2022, pursuant to Government Code sections 7522. 56 and 21224 at an hourly rate consistent with the salary schedule for Director of Human Resources and Labor Relations Library and Recreation
15. Approved the proposed Sponsor Agreements with Lucile Salter Packard Children' s Hospital at Stanford, Stanford Health Care, Construction Testing Services, and 4LEAF, Inc. for the naming rights of Bernal Community Park, Phase II
16. Approved the sixth amendment to the agreement with Lifetime Activities providing a subsidy in the amount of $ 94, 352. 50 to Lifetime Activities for operations of Pleasanton Bocce Ball programs from April 1, 2022 through December 31, 2023
Operations Services
17. Approved the continuation of Local Drought Emergency
18. Approved and authorized the City Manager to execute an agreement with Carollo Engineers in the amount of $ 999, 750 to prepare the Water System Management Plan, closed CIP 21176 — Water Asset Management, and relocated fiscal year 2021/ 22 budget of $ 300, 000 to CIP 22190 — Water System Management Plan, and allocated $ 300, 000 from fund 421 Water Replacement Capital Improvement Program to CIP 22190
19. Item 19 was further discussed under Public Hearings and Other Matters MOTION: It was m/s by Balch/ Testa to approve the balance of the Consent Calendar as recommended and as noted. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
20. Continued - Presentation of a Commendation recognizing Andres Rodriguez
21. Presentation of a Proclamation recognizing Gyphon Benn as the 2022 Pleasanton Ambassadog Councilmember Narum read the proclamation.
City Council Minutes Page 3 of 15 April 19, 2022
Kathy Benn advised her intention was to get Gyphon into Pleasanton Library programming so children can read to him and commended the work of the Valley Humane Society ( VHS) and thanked the City Council.
VHS President Melanie Sadek thanked the Council for recognizing the value of animals and their role in improving the lives of community members.
22. Presentation of a Proclamation recognizing April 18-24, 2022 as National Crime Victims' Rights Week
Councilmember Narum presented the proclamation.
Alameda County District Attorney' s Office Senior Crime Victim Witness Advocate Nicole Santos thanked the City for recognizing Crime Victims' Rights Week.
23. Public Comment regarding items not listed on the agenda — Speakers are limited to 3 minutes.
Douglas Miller offered a tribute to former Mayor Thorne for both his military service and civic responsibility. He noted former Mayor Thorne' s extensive work with the City' s veterans and his work on helping create a veterans' memorial at Pioneer Cemetery.
Michael Duggan expressed concerns as a parent about the safety of his children due to staffing deficiencies in the Livermore- Pleasanton Fire Department ( LPFD). He noted the LPFD has been working for 100 days without a contract. He reported that LPFD paramedics earn significantly below- average pay. He called for the City Council to work towards securing a new contract.
George Withers, former Pleasanton Fire Chief, expressed concerns about the current state of LPFD contract negotiations. He commended the LPFD' s preventative work with inspections, code enforcement, public education, and firefighter training. He explained the Fire Code mandates inspection schedules but not the fee schedule. He noted the rates on the fee schedule have increased 5% annually since their 2015 adoption.
Carrie Oldes, Meals on Wheels Program Manager, reported Meals on Wheels will be holding its first in- person live fundraiser at a May 7 wine tasting event. She encouraged residents to go to the Spectrum Community Services website for tickets and information on how to volunteer for Meals on Wheels.
Patricia Joki expressed her condolences to Mayor Brown on her loss. She expressed the Master Gardeners' gratitude for use of the Senior Center for their 2022 plant sale. She thanked the City for the progress on the Memorandum of Understanding ( MOU) with Bernal Family Farm.
Kevin Cantrell called for a fair agreement with the LPFD. He advised paramedic pay is too low and encouraged the LPFD to add more staff with paramedic training in the event of an emergency. He noted the LPFD is losing staff due to the lack of a contract.
Joe McThorn, LPFD Local 1974 President, requested a fair contract for the City' s firefighters who have been working for 109 days without a contract. He asked for equal treatment and a contract like those given to other Pleasanton labor groups. He expressed hopes for a fresh start with the new City staff. He encouraged reconsideration of Item 13. He asked the City Council to help the LPFD resolve its issues.
Mayor Brown advised Item 13 was pulled from the agenda.
Rajesh Rathod of Bochasanwasi Akshar Purushottam Swaminarayan ( BAPS) Charities extended his condolences to Mayor Brown. He reported last year' s BAPS Walk- a-thon was dedicated to fundraising for the fight against breast cancer. He invited residents to the 2022 Walk- a- thon on April 30 in Fremont.
City Council Minutes Page 4 of 15 April 19, 2022
Chantel advised she is the widow of a firefighter killed in the line of duty. She expressed disappointment over a fair contract not yet being approved for the LPFD. She lauded the life-saving work of firefighters and called for them to be treated as fairly as the police. She advised the delay in the contract agreement is creating a service delay for residents.
Bruce Barton echoed the comments of others for a fair agreement with the LPFD. He questioned why the firefighters are not getting the same treatment as police officers. He encouraged the City Council to keep the City safe by giving the LPFD a fair contract.
PUBLIC HEARINGS AND OTHER MATTERS
24. Tabled - Public Hearing - Consider and provide direction to staff on the City of Pleasanton' s participation in the California Statewide Communities Development Authority ( CSCDA) Workforce Housing Program
25. Biannual Update Regarding Police Department Operations, Services and Activities Pleasanton Police Department ( PPD) Chief David Swing reported on officer training, noting the State' s Peace Officer Standards and Training ( POST) requires 24 hours of training every two years, the PPD provides 133 hours of training every two years, and additional job- specific training also occurs.
Chief Swing provided an overview of new legislation passed in 2021 includes laws involving the duty to intercede ( Assembly Bill 26), decertification ( Senate Bill 2), and military equipment ( AB 481).
Chief Swing presented the PPD' s new Mission, Vision, and Values statement and expressed pride in the results of the work put into the process. He reported that the Community Advisory Board ( CAB), formed in 2021, helps him with priority setting in its monthly meetings. He lauded the group' s energy and noted the PPD has already benefitted in the area of recruitment from the board' s suggestions.
Captain Larry Cox reported the Operations Division is the PPD' s largest division. He reported the PPD responded to 59, 473 calls for service in 2021 with 32,572 being resident- initiated and 26, 901 being officer- initiated for things like traffic stops. He reported the PPD' s emergency response time was 4 minutes 19 seconds, not far off of the goal of 4 minutes. He broke down the calls for service in 2021 by category.
Captain Cox reported crime rates dipped in 2021, led by a drop in property crimes which are now 30% lower than in 2019. He advised catalytic converter thefts continue to plague both the City and region.
He reported on a successful operation working with the Livermore Police Department in apprehending a catalytic converter theft ring. He noted violent crimes are about the same as their pre- pandemic levels. He noted gun seizures were up substantially in 2021, crediting proactive policing.
Captain Cox reported on traffic violations, noting traffic volume and collisions increased from 2020 but are still lower than in 2019 and previous years. He advised that PPD anticipates collisions and volumes to increase as more companies return to in- person work.
Captain Cox reported there were 37 applications of force by the PPD, consistent with the past couple of years, with 31 of the applications being simple control holds and three taser deployments. He noted only 2% of detentions required force. He advised every use of force is documented and reviewed by multiple tiers of supervisors up to the Chief.
Captain Kurt Schlehuber reported the MOU with the Pleasanton Unified School District ( PUSD) for School Resource Officers ( SRO) has been in place for six months and has seen two arrests. He commended the SROs for their work with driving tips, bicycle safety, mental health, and other matters City Council Minutes Page 5 of 15 April 19, 2022
in schools. He reported the PPD has reinstituted its juvenile diversion program working in conjunction with Horizons Family Services and the Livermore Police Department. He reported a diverse SRO MOU think tank has been created with the first topic of discussion being SRO uniforms. He advised there have been 32 mental health consultations with only 21 requiring an evaluation and just seven requiring a Welfare and Institutions Code 5585 or 5150 hold. He reported the hold rate is a 75% reduction from 2015- 20, reflecting the success of the program.
Captain Schlehuber reported the PPD's alternate response program was approved by the City Council in November 2021 and the full program is expected to roll out over the summer. He reported on the ongoing efforts to create protocols, hire counselors, work within the community, and noted staff traveled around the State to observe comparable programs.
Chief Swing reported the PPD's early intervention system has not started as quickly as anticipated due to a vendor issue, but is currently 95% ready for launch. He reported the PPD received 13 community commendations in 2021 for its good work in the community. He reported on data for internal investigations, community- generated complaints, and the review process for incidents.
Chief Swing reported the PPD is working on developing a traffic stop class as an educational tool for high school sophomores. He reported the PPD will roll out its Strategic Plan later this year and advised he has received input on the Strategic Plan and its goals from the CAB. He reported all sworn officers will attend training courses on fair and impartial policing handled by a third- party vendor along with a training course on force options and de- escalation through POST.
In response to Councilmember Testa, Chief Swing clarified a conductive energy device refers to tasers and a kinetic energy device is a projectile fired from a less- lethal munition and may include rubber bullets.
In response to Councilmember Testa, Chief Swing clarified the juvenile diversion program was reinstated in March. He clarified the two SRO arrests likely did not go to the diversion program because they were felony- level arrests. Captain Schlehuber confirmed the robbery arrest was sent to the diversion program based upon cooperation from the suspect but the vandalism arrest did not qualify for diversion due to the nature of the crime.
In response to Councilmember Balch, Chief Swing reported the CAB has exceeded all expectations for success from its onset. He advised the PPD has been very receptive to the Board's suggestions. He noted Pleasanton has a tremendous community that supports the PPD, wants what is best for the community, and is willing to ask tough questions, particularly as it relates to equitable policing. He advised the Board members serve a two- year term which can be renewed.
In response to Councilmember Balch, Captain Cox clarified the current PPD process to determine what an emergency response call is because the term is subjective. The PPD is also working on the nuances of simultaneously handling multiple emergency response situations. He confirmed training dispatchers will be an essential component of this process once completed.
In response to Councilmember Balch, Chief Swing reported the PPD is authorized for 83 sworn officers and 35 professional positions. He advised all professional staff positions are filled and the PPD has seven vacancies for sworn officers. He reported it is a growing trend, nationally, regionally, and locally for officers to choose to leave the profession.
In response to Councilmember Balch, Chief Swing advised the City Council can help the PPD the most by demonstrating support and continuing to invest in the PPD, particularly through additional training.
In response to Councilmember Arkin, Chief Swing clarified the previous work by the homeless outreach team has been folded into the alternate response program. He advised officers continue to work City Council Minutes Page 6 of 15 April 19, 2022
diligently with the homeless. Captain Schlehuber advised the calls for service related to the unhoused have been reduced due to the work of the alternate response program working in partnership with Alameda County and area non- profits. Captain Cox noted the PPD recently cleaned up a large encampment working with the California Department of Transportation along Interstates 580 and 680.
In response to Councilmember Testa, Captain Cox confirmed in these encampment removal situations the PPD does not seize the unhoused' individual property. He clarified the PPD will help the unhoused figure out where their property should go. He advised the PPD has regularly offered to store the property for safekeeping.
In response to Councilmember Arkin, Chief Swing clarified it is hard to clarify militarized equipment by the number of items. He advised the list of qualifying equipment listed in AB 481 is significant and includes things like the rifles every officer is issued. He explained the expansive list includes things many people may not consider military equipment. He clarified it is not equipment provided by the military itself but rather any military- style equipment.
In response to Councilmember Testa, Chief Swing confirmed the PPD' s armored vehicle will be included on the list when it is presented to City Council. He advised a mobile command vehicle is also on the list of what is considered military equipment. He confirmed the PPD does not have any drones.
City Attorney Sodergren clarified the law requires the PPD to first deliver a draft policy about military equipment for the City Council to adopt accompanied by a full inventory list. He explained that once the policy is adopted, the City Council must review it annually.
In response to Councilmember Arkin, Chief Swing clarified the crime trends chart in the report reflects incidents and not arrests. He noted violent crime is on an upward trend from 2020 but is flat with 2019' s numbers. He advised when the PPD identifies a trend it is discussed at its weekly strategy meeting to identify a corrective process. He expressed sympathy to those impacted by catalytic converter thefts.
In response to Councilmember Arkin, Chief Swing advised there is a record of which arrests go to the District Attorney ( DA)' s office but noted this is not an automated system. He advised arrests in the field are made based upon probable cause while the DA has to prove a case beyond a reasonable doubt.
He explained it is therefore common for any DA to not file all of the cases they receive from local police.
In response to Councilmember Narum, Chief Swing advised some of the potential new technology for the PPD identified by the board includes drones, situational awareness cameras, and license plate reading programs. He advised these were all grouped into the theme of crime- reduction technology for the priorities list. He reported none of the potential items have been budgeted for lack of a full evaluation and recommendation.
In response to Councilmember Narum, Chief Swing confirmed the PPD received four times as many community compliments as community complaints in 2021. He noted these are only formal complaints and not smaller ones brought directly to the PPD. He advised, that even with these, the PPD overwhelmingly receives more compliments and thanks from the community than complaints.
In response to Councilmember Narum, Chief Swing commended the work implementing the SRO program and advised there are no areas of concern at this time with the program.
In response to Mayor Brown, Chief Swing advised he does not have data relative to tobacco retail licenses and the results of vaping prevention efforts.
In response to Mayor Brown, Captain Cox noted most alarms happen to be false alarms due to poor maintenance and other reasons. He advised alarm owners are notified after a false alarm call and ultimately can be fined. He reported the problems are regularly corrected by the owners and an actual City Council Minutes Page 7 of 15 April 19, 2022
fine issuance is rare. He explained it is important for the PPD to continue to respond to residential and business alarms even when most are false because sometimes they are real alarms.
In response to Mayor Brown, Chief Cox clarified that PPD's K-9s are highly trained in areas other than apprehension, including tracking, narcotics detection, and others. He reported that dogs are most often used in tracking suspects. He advised the dog itself is often a sufficient deterrent by itself to keep a suspect from running away and eliminating the use of force.
Mayor Brown opened the public hearing.
John Bauer advised a good foundation was set up with the PPD at the end of 2020, including the concept of victim assistance. He requested a standardized format for the reports. He inquired if police dogs still search for drugs in schools. He advised there is still no external oversight of the PPD and requested the Council agendize the subject. He applauded the CAB for its ability to convey the community' s thinking.
Doug Miller commended the PPD. He advised he would oppose anything diminishing Pleasanton's excellent public safety. He noted as a Vietnam War veteran he knows what it is like to face imminent danger and make quick decisions. He encouraged the City Council not to make any changes that would complicate the decision- making an officer has to make in a split second.
Ward Kanowsky expressed concerns about the PPD's military equipment. He advised AB 481 identifies military equipment as a public risk and not something increasing safety. He explained the PPD will have to show the military equipment is necessary because there is no reasonable alternative.
Mayor Brown closed the public hearing.
Councilmember Narum commended this biannual review process for the public' s benefit and the work by the PPD for keeping the community safe. She advised it has been an eventful six months implementing the SRO MOU and creating the CAB. She reported both seem to be working well, along with the alternate response unit.
Councilmember Arkin commended the PPD for the difficult work of keeping the community safe. She agreed the 2020 discussions were a great launching point. She commended the SRO MOU and expressed pleasure the juvenile diversion program has restarted.
Councilmember Arkin advised the City Council should be providing even more oversight, citing as an example unknown details about the sustained violation findings outlined in the presentation. She noted this kind of oversight is part of an elected body' s responsibility.
In response to Councilmember Testa, Chief Swing reported the PPD' s 2020 and 2021 Annual Reports will be posted online. He advised the 2021 report is in its final stages of completion and will check if the 2020 report is not online already.
In response to Councilmember Testa, Chief Swing clarified the CAB does not have a disciplinary review or oversight authority.
In response to Councilmember Testa, Chief Swing clarified the Alternate Response Unit was so renamed as it folded into different areas of response including homeless outreach, those in mental crisis, and quality of life issues beyond only crisis response.
Councilmember Testa commended how the focus of the SROs has evolved and how well the PPD has embraced past conversations. She advised the PPD' s cultural matters are materializing well for the betterment of the City. She thanked Chief Swing for listening to residents over the past couple of years.
City Council Minutes Page 8 of 15 April 19, 2022
In response to Councilmember Testa, City Attorney Sodergren reported there have been several changes to the Public Records Act involving police records. He reported when there is a major incident, there is usually a criminal investigation by the Alameda County DA and an internal administrative investigation. He explained, that by law, those records are withheld until the completion of the investigations to ensure the investigations are not tainted. He advised there is only a very limited amount of material that can be released before the investigations.
Councilmember Balch commended the PPD for providing training above and beyond POST' s minimum standards for community benefit. He agreed the CAB is not intended to be an extension of the PPD but an attempt to bridge the divide with the residents. He commended the traffic stop class, noting it produces anxiety for even experienced drivers let alone young drivers.
Councilmember Balch advised this report reflects a more- open PPD and explained it is the sort of collaboration the community is looking for, along with the creation of the CAB. He thanked the officers for their service.
26. Consider and provide direction on additional measures to provide enhanced accessibility and universal design features in new residential development Community Development Director Ellen Clark reported the item is to improve residential units for the disabled.
Chief Building Official Robert Queirolo provided the California Building Code ( CBC)' s definition of accessibility and the principle of universal design. He reviewed the 1990 federal Americans with Disabilities Act ( ADA) and the CBC covers privately funded multifamily buildings, commercial buildings, and publicly- funded buildings but does not apply to single- family, duplex, or triplex units built with private funds. He noted the CBC allows for adaptable units so they can be altered for disabled residents with only small modifications.
Chief Building Official Queirolo reported the CBC is adopted into the Pleasanton Municipal Code ( PMC) but reported local amendments for more stringent accessibility requirements than those specified in the CBC are not permissible with only limited exceptions for reasons like climatic or geological conditions.
AB 2787 allows the City to have a Model Universal Design Ordinance, AB 1400 allows for a Universal Design Checklist, and the City can have Project- Specific Conditions of Approval ( COA).
Chief Building Official Queirolo recommended the City Council direct staff to draft a Universal Design ordinance for single- family, duplex, and triplex units. He recommended the City Council direct staff to develop and implement a Universal Design Checklist for residential developments over a specified number of units. He recommended the City Council direct staff to update the current COAs for new covered multifamily projects over 15 units to include additional Universal Design features.
In response to Councilmember Balch, Community Development Director Clark clarified the phrase when feasible" in the COA section is to provide flexibility for situations where it does not work with the structure.
In response to Councilmember Balch, Director Clark reported the 20- unit figure for an AB 1400 checklist came from the City of Dublin' s ordinance but advised the City Council can always choose a different threshold. She clarified the checklist would apply to for- sale projects and not rental projects.
In response to Councilmember Balch, Director Clark advised if a developer does not comply with a COA the City could not approve the unit' s final inspection or not issue a certificate of occupancy.
City Council Minutes Page 9 of 15 April 19, 2022
In response to Councilmember Arkin, Chief Building Official Queirolo clarified both the first and second elements of the staff' s recommendation apply to single- family, duplex, and triplex units. He confirmed the accessibility options are things a builder would do at the request of the buyer or renter. He clarified the Universal Design ordinance would be for larger developments and the checklist for smaller ones.
He clarified when rental units are built they do not know who will rent them so the CBC' s adaptability requirements cover ADA concerns if the eventual renter has a disability.
In response to Councilmember Testa, Chief Building Official Queirolo advised the CBC allows for the option of a tub shower or a roll- in shower because people have different disabilities. He advised adaptable units also have to have options available in the kitchen to serve different types of disabilities.
He confirmed these requirements already exist for covered multi- family buildings.
In response to Councilmember Narum, Chief Building Official Queirolo clarified if the unit is rented in the future the adaptability requirements would not apply because the decision was made by the original buyer. He confirmed the Universal Design ordinance could apply to for-sale and rental units.
In response to Councilmember Narum, Director Clark reported that the phrase " when feasible" needs to stay because there has to be some flexibility for the building official. She advised the staff' s intent is to have the condition be enforced as comprehensively as possible but noted that sometimes there is a valid reason why something cannot be done.
In response to Councilmember Balch, Director Clark clarified the checklist would be presented during the purchasing process to provide an opportunity to select features for the unit while the Model Universal Design ordinance gives the City the ability to require options for additional accessibility in single-family, duplex, and triplex units. She confirmed the only element of this item impacting future rental construction is the project- specific COAs along with the CBC requirements themselves.
In response to Mayor Brown, Chief Building Official Queirolo confirmed this would only apply to new construction and not remodels no matter how extensive the work.
In response to Mayor Brown, Interim City Manager Dolan confirmed if a renter wants a building owner to convert a tub to a roll- in shower the owner has a right to refuse.
In response to Mayor Brown, Chief Building Official Queirolo advised every kitchen appliance has a required clear space in front of it for maneuverability and explained appliances are required to have accessible front controls. He noted the CBC has specifications for swinging doors but does not require sliding pocket doors.
Mayor Brown opened the public hearing. There being so speakers, the public hearing was closed.
In response to Councilmember Arkin, Director Clark advised there is a lot of detail in the first staff recommendation and the more appropriate time to delve into specifics would be during a Planning Commission and City Council review once it comes back. She confirmed a majority of cities make the items optional while a few mandate items. She explained with both the Universal Design ordinance and checklist the costs would be passed from the builder onto the buyer.
In response to Councilmember Arkin, Director Clark clarified larger developments will have elevator service to every floor so every unit would be subject to the COAs. She advised most of the items on the COA list are low-cost and could be used by all residents regardless of their potential disability status.
She confirmed these costs would be the responsibility of the builder and not the renter.
In response to Mayor Brown, Chief Building Official Queirolo clarified the CBC stipulates that publicly- funded housing requires 5% of units to have mobility features and 2% to have hearing and visual impairment features.
City Council Minutes Page 10 of 15 April 19, 2022
Councilmember Balch expressed concerns over the increased building costs from a Universal Design ordinance and checklist and noted it is worth having a conversation about whether they should apply to single- family homes, duplexes, and triplexes. He noted he remains challenged by the " whenever feasible" phrasing not for the building official but specifically for tenant and first- buyer input because he would often see COAs come back to the Planning Commission years after the fact. He echoed Mayor Brown' s concerns about mandating mobility features in 10% of a large development' s units as recommended for fears of raising construction costs. He noted the City is expecting many multi- family projects in the future. He called for input from the Planning Commission.
Councilmember Narum questioned the need for a Universal Design ordinance which would add costs to single- family, duplex, and triplex units. She advised she would be interested in a deeper look at COA' s while echoing Councilmember Balch' s concerns about the language and Mayor Brown' s concerns about the percentage of units with mandated mobility features.
Councilmember Testa advised construction cost concerns are low-hanging fruit because buyers will have to pay for the options they want so they chose to add construction costs.
In response to Councilmember Testa, Director Clark advised cost regulation would be difficult and require a large amount of paperwork to verify whether a developer' s request was reasonable. She advised because COAs are negotiated instead of being imposed there is a track record of success in having developers accept them. She explained there is less risk of a challenge to the California Department of Housing and Community Development if the City makes the accessibility requests as a COA and not as a mandated ordinance.
Councilmember Testa expressed interest in this item returning to the City Council.
Councilmember Arkin explained the first two elements of the item would see the cost passed on to the buyer who has needs for the options. She advised having the Universal Design ordinance be optional as the better option. She expressed uncertainty about the third item but is inclined against it. She requested more information if the item comes back to City Council.
Mayor Brown expressed strong support for the first two components. She noted the City Council just discussed spending $ 10 million on an all- abilities playground and stated the playground' s users need suitable places to live in Pleasanton. She expressed support for the three recommendations and stated she looks forward to the staff coming back to the City Council with suggestions. She noted future conversions are at a much greater cost for low- income residents. She encouraged her peers to consider wheelchair- bound residents.
Mayor Brown moved to approve the staffs recommendation. Councilmember Testa seconded the motion.
In response to Councilmember Balch, Interim City Manager Dolan confirmed staff would reassess the language he had questioned earlier in the discussion. He confirmed the 10% component would also be reevaluated based on feedback.
Mayor Brown stated the 5% or 10% issue can be discussed when this subject returns to the City Council.
Councilmember Balch expressed support for the motion.
In response to Councilmember Arkin, Director Clark stated the 2020 Census estimates that 7. 5% of Pleasanton residents have some form of disability. She noted there is a wide range in the level of disabilities.
City Council Minutes Page 11 of 15 April 19, 2022
Mayor Brown explained accessibility and the ability for people to live in the community are essential, and the City Council and builders have to do their parts.
MOTION: It was m/s by Brown/ Testa to draft and bring forward for consideration a Universal Design Ordinance for single- family, duplex and/ or triplex units, including recommendations on mandatory versus voluntary features to be included, to develop and implement a Universal Design Checklist, which through a condition of approval would require developers of projects to provide a list of universal accessibility features available, and to update the current condition of approval for multi- family projects over 15 units to include additional universal features or enhancements that may be offered within required adaptable units, with appropriate flexibility to modify such improvements to the needs of individual tenants or buyers. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
19. Authorize an additional $ 156,000 for construction expenses for the Temporary Joint Residential Recycled Water Fill Station Project
Mayor Brown inquired whether the Council would like to hear the item as it was past 11:00 p.m.
Councilmember Balch stated this item is date-sensitive so they need to hear it tonight. The City Council agreed to hear the item.
Director of Operations and Water Utilities Kathleen Yurchak advised staff is requesting an additional 156,000 for construction expenses for the Temporary Joint Residential Water Fill Station project.
In response to Councilmember Balch, Director Yurchak advised the project could accommodate 5, 700 resident tank fills per week. She reported speaking with the Dublin San Ramon Services District DSRSD) and stated the biggest challenge in 2015 was managing the vehicular traffic and not having a sufficient supply of hoses and water. She advised the proposed site doubles the number of hoses to 40 and has space for a longer traffic cue. She reported the station would be open from 9: 30 a. m. until 3: 30 p.m. on Tuesday through Sunday to avoid prime traffic windows.
In response to Councilmember Balch, Director Yurchak reported droughts have lasted from 2- 4 years dating back to the 1970s when droughts started becoming more common in California.
In response to Councilmember Balch, Director Yurchak confirmed the bid presented had contingency costs. She could not confirm the amount of the contingency but advised that DSRSD typically builds in a 10- 15% contingency.
In response to Councilmember Balch, Director of Yurchak estimated 2, 500 Pleasanton residents would use the station based on 2015 usage among other factors, including the cost of a season pass.
In response to Councilmember Balch, Director Yurchak confirmed DSRSD still intends to have the site reserved for five years. She advised that DSRSD does not currently have any plans to develop this property. She confirmed that DSRSD wants to have the right to develop the property after the five- year window expires.
In response to Councilmember Balch, Director Yurchak reported the City budgets $ 100, 000 a year for potable water projects. She noted that $ 25, 000 of this goes to the water- efficient landscape programs recently heard by the City Council with the rest set aside for the marketing and promotion of conservation- centric programs and services. She advised staff does not use this full amount in non- drought years.
City Council Minutes Page 12 of 15 April 19, 2022
In response to Councilmember Balch, Director Yurchak advised if the City Council does not approve the project and wanted to redirect the money to its ongoing civic conservation efforts it would be an option. She noted the City Council has already approved additional funding for the landscape conversion program and staff is applying for grants as well. She advised staff feels they have reached market saturation with previous initiatives such as low- flow toilets. She noted there could be other technology- based programs to research where the City could collaborate with other agencies.
In response to Councilmember Balch, Director Yurchak estimated staff would be asked for 10 hours a month worth of support for the filling station. She advised the City had been asked to handle the financial management and season pass sales as its portion of the shared administrative work. Staff estimated if the City sold 3,600 seasonal passes it would take five years to break even.
Mayor Brown noted there were 2, 500 participants in 2015 when the service was both free and located in Pleasanton. Director Yurchak advised 1, 600 of the 2, 500 were Pleasanton residents. She clarified the staff estimation of 2, 500- 12, 000 users is how many passes would be sold for this program throughout the entire Tri-Valley and not only in Pleasanton.
In response to Councilmember Arkin, Director Yurchak advised the project could end up costing even more in consideration of the current construction market.
In response to Councilmember Testa, Director Yurchak confirmed the reasons they cannot use the current DSRSD facility are traffic and safety concerns. DSRSD had multiple concerns in 2015, including an ongoing construction project and traffic backups. She advised a 2016 DSRSD staff report did not recommend using the same site again and the DSRSD Board decided it would not open the filling station on the previous site again.
Mayor Brown advised the project is getting expensive and she was already reticent when the price tag to the City was only $ 433, 000.
Mayor Brown opened the public hearing.
John Bauer reported he was an early adopter of the recycled water system in 2015. He advised he never saw a backup extending onto 1-680 but he did see smaller ones spilling into the Val Vista neighborhood. He commended when the filling station upgrade to fire hoses for speeding up the process. He noted the previous site was near several major streets which benefits weight- overloaded vehicles as opposed to smaller streets. He encouraged the City Council to keep the previous commercial fill station open.
Mayor Brown closed the public hearing.
Councilmember Balch reported this project is expensive and that the final price tag could still go higher.
He advised Pleasanton, the City of Livermore, and DSRSD are working to improve a piece of land for five years and those years must be conditioned for drought. He advised there is no benefit to the City at the back end of the agreement if the drought does not last five years. He noted he is challenged to support this investment with the increased pricing.
Councilmember Balch advised he is aware of the regional collaboration needed to manage the Tri- Valley' s water supply. He questioned the construction costs, location, and if it sufficiently benefits Pleasanton' s residents. He expressed concerns about how long until the station is operational and the length of time for which it will be useful. He advised there are other ways to bolster potable water conservation in the City. He noted it is too great of a subsidy benefitting too few.
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Councilmember Balch moved to rescind the City Council's prior approval of the project and not proceed forward with the additional funding.
Councilmember Testa advised she would like to second the motion but noted she also wants to ask DSRSD to revisit the location and reassess the level of demand.
Councilmember Balch amended the motion to add direction to staff to consider other locations and options. Councilmember Testa seconded the motion.
Councilmember Balch noted there could also be a good potential site in the City of Livermore. He advised the other agencies will get the message Pleasanton is not interested in doing this.
Councilmember Testa agreed and noted the City tried to be team players but expressed doubt if any of the agencies involved were comfortable with this. She noted there was a belief it could be accomplished at a much lower cost at the onset of the discussions. She explained it is now too expensive to be reasonable.
Councilmember Arkin expressed support for the motion and apologized to the City's partners. She advised they need to be pragmatic with this short- term solution. She advised it is too costly for too few users. She agreed with a discussion to further encourage lawn conversions and perform community outreach on conservations. She advised she loves the idea behind this project but advised it does not make sense due to the cost- to- user ratio.
Councilmember Narum expressed concerns about the impact to relationships with the City' s regional partners but advised this proposal is a lot of money for not too many residents. She expressed support for the motion out of fiscal prudence. She advised using the money to encourage lawn conversion is a better investment.
Mayor Brown expressed hopes that DSRSD takes a fresh look at the project. She suggested having one smaller station in each City. She echoed Councilmember Balch' s comments about the station only being open in drought years and stated this point is critical. She advised five years of drought is not anticipated so they could be paying $ 589, 000 for one or two years of use. She commended the City' s cooperation with its partners but advised this project has grown to be too expensive.
MOTION: It was m/s by Balch/ Testa to rescind the previous agreement, deny the current item, and direct staff to research if other locations could be considered. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
Councilmember Arkin requested a proclamation to recognize May as Jewish Heritage Month. Staff confirmed a request has already been made.
Councilmember Arkin requested an item regarding a possible bond issuance for the City' s Capital Improvement Plan projects. Mayor Brown expressed support but the request failed for lack of a third.
Mayor Brown requested more information on the ambulance situation. She advised they have received pressure from the JPA and may have to put some pressure on the County Board of Supervisors. She recommended obtaining a report from the JPA and requested it be brought before the City Council if City Council Minutes Page 14 of 15 April 19, 2022
they are uncomfortable because they are receiving too much commentary that the ambulance service is insufficient. Interim City Manager Dolan reported there has been a lot of investigation into granted exemptions and the County' s fire chiefs have been working on it.
COUNCIL REPORTS
Councilmember Balch reported attending a StopWaste meeting. He reported AB 1953 has a simple premise of having bottle refill stations at public facilities but advised StopWaste switched its position from support to hold because the bill would require water bottle refilling stations at all park entrances even if the park does not currently have water services. He reported touring DSRSD' s new treatment plant along with Councilmember Testa and staff. He reported participating in a webinar with the Alameda County Housing Collaborative and attending the State of the City.
Councilmember Testa reported attending the State of the City, the DSRSD tour, a California League of Cities ( Cal Cities) roundtable, and a mosquito abatement meeting.
Councilmember Arkin reported attending the Housing Collaborative webinar, the State of the City, the Moore Elementary School mural and garden dedication, Youth in Government Day, the Mayor' s Report, a Cal Cities East Bay Division meeting, and PUSD liaison meeting.
Councilmember Narum reported attending a Livermore Amador Valley Transit Authority Board meeting centered on the zero- emissions bus rollout. She advised by 2029 all buses will need to be zero emissions. She reported attending an East Bay Community Energy ( EBCE) meeting and ValleyLink meeting.
Mayor Brown reported the Tri- Valley Transportation Commission will have a 15% increase in rates to help fund projects including an 1-580/ 680 flyover along with the Sunol Boulevard interchange off of I- 680.
Councilmember Testa reported attending the groundbreaking for the Vineyard 2.0 homeless navigation center in the City of Livermore. She advised all of the local cities have contributed to the facility featuring homeless housing, services, and a food pantry.
ADJOURNMENT — Mayor Brown adjourned the regular meeting at 11:49 p.m.
Respectfully submitted,
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City Council Minutes Page 15 of 15 April 19, 2022