CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
May 17, 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 7:03 p.m. Councilmember Arkin led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown
Absent: None
Mayor Brown and Councilmembers recognized Interim City Manager, Brian Dolan for his service term and presented him with a Commendation and a key to the City.
AGENDA AMENDMENTS
Councilmember Testa pulled item 15 for further discussion.
CONSENT CALENDAR
In response to Councilmember Balch about Item 2, Interim City Manager Dolan reported commissions are scheduled to restart in-person meetings by the end of June, with two by the end of May.
In response to Councilmember Balch about Item 9, Interim City Manager Dolan reported the Landscape Maintenance Districts did not include a sufficient escalation clause to keep up with rising expenses. He advised it is not a new problem and staff has been reducing service to save money. He stated the City cannot increase the amounts charged to members without Council approval, but noted homeowners are not supportive. He clarified this item focuses on landscaping, pruning, and outdated irrigation systems.
Councilmember Balch requested the maker of the motion approving the Consent Calendar to also direct staff to look for options for item 9 to fix the program' s insolvency.
In response to Mayor Brown, Interim City Manager Dolan clarified the item only accepts the engineering report and sets a public hearing for potential rate changes above what is currently scheduled.
In response to Councilmember Balch about Item 11, Interim City Manager Dolan reported the project is scheduled to be completed in two phases.
In response to Councilmember Balch about Item 19, Interim City Manager Dolan clarified the trails are the property of the Zone 7 Water District ( Zone 7) and advised this item is an agreement for the City to use the trails. Director of Operations and Water Utilities Kathleen Yurchak advised the City will be responsible from a maintenance perspective for vegetation, leaf litter, debris, and any improved surface material above and beyond Zone 7's rocky base.
In response to Councilmember Balch about Item 19, Director Yurchak confirmed in areas where the trail has been washed out, Zone 7 is responsible for restoring the surface to its base rock. She stated that if Zone7 did notwantto fix thetrail, staffwouldworkwithZone7. Sheadvisedif the Citywantedto improve a surface type, staff would negotiate with Zone 7 but noted the City would then become responsible for its maintenance.
In response to Councilmember Testa about Item 19, Director Yurchak confirmed the trail could have a higher quality surface but it would then become the City's responsibility to maintain. She confirmed this potential change would happen outside of the contract being discussed if Council directs staff to look into other surface options.
In responseto CouncilmemberNarumaboutItem9, InterimCityManagerDolanclarifiedthe City carries the fund's deficit and repays it with the following year's revenue but noted it leads to a spiraling issue where every year' s income is insufficient.
In response to Councilmember Balch about Item 9, Interim City Manager Dolan confirmed most of the homes were built as part of a Planned Use Development ( PUD) and most of the homes would be out of compliance with their PUD.
Mayor Brown opened public comment.
Gary Sears stated the surface condition of the Zone 7 trails is poor and advised it took 2.5 years simply for uneven pavement warning signs to be installed at some particularly rough patches. He noted the contract for$ 55, 000 is unrealistically low for the amount of work the trail surfaces require.
Sharon Piekarski expressed pleasure that Zone 7 will allow the City to maintain trails, noting transportation corridors will become increasingly important to the Climate Action Plan 2.0 goals. She stated Zone 7's standards are insufficient to maintain safety and the pace of the maintenance is at Zone 7' s discretion.
Roianne Heath, President of Parents, Families, and Friends of Lesbians and Gays (PFLAG) Tri-Valley, thanked the Council for its proclamation in Item 4. She stated it is important to know the City is so welcoming to the LGBTQ community by flying the Progress Pride flag for all of the month of June.
Todd Nelson echoed the comments of Mr. Sears and Ms. Piekarski. He stated trail maintenance is not being done to a sufficient quality level. He advised the City should keep the connection under Interstate 580 viable to attract visitors to Pleasanton.
Mayor Brown closed public comment.
In response to Councilmember Arkin about Item 19, Director Yurchak clarified the trails the City improved with an asphalt surface are the City' s responsibility. If the trails are merely their base rock, then the trail maintenance is Zone 7's responsibility. She clarified the trails serve two purposes, functioning as both Zone 7 access roads and City trails, but noted there are differences in the type of surface and the surface type determines whose responsibility it is to maintain each portion.
In response to Mayor Brown about Item 19, Director Yurchak stated it is difficult to determine if Zone 7' s trucks have damaged the City' s asphalt or if it is the result of natural shifting. Parks Maintenance Superintendent Giacomo Damonte clarified Zone 7 will maintain trails to their flood control standards so long as they are passable for their machinery. He advised anything above Zone 7's standard would fall upon the City to improve and maintain recreational standards.
In response to Councilmember Balch about Item 19, Parks Maintenance Superintendent Damonte clarified the City would work in conjunction with Zone 7 if the land beneath the City' s asphalt is damaged.
City Council Minutes Page 2 of 16 May 17, 2022
In response to Councilmember Balch about Item 19, City Attorney Dan Sodergren clarified the City does generally have trail liability immunity under State law.
In response to Mayor Brown about Item 19, Parks Maintenance Superintendent Damonte stated maintenance concerns are a cooperative process where the City can request Zone 7 prioritize an area of concern. He advised the primary function of the trails is flood control and Zone 7 may not prioritize the request if it does not impact a trail' s flood control component.
In response to Councilmember Testa about Item 19, Parks Maintenance Superintendent Damonte clarified the draft agreement aligns with the agreements between Zone 7 and the cities of Dublin and Livermore. He stated the spirit of the agreement is the same as the previous ones dating back to 1971 when the City is responsible for maintaining any improvements it makes to the area. Director Yurchak advised the City has a good working relationship with Zone 7 and advised Zone 7 is actively working with the City on repairs.
In response to Councilmember Testa about Item 19, Director Yurchak stated both parties felt like it was a fair agreement. Interim City Manager Dolan advised this is Zone 7's land and the City does not have much leverage to make demands, and this is a standard agreement Zone 7 is asking all cities to use.
In response to Councilmember Narum about Item 19, Parks Maintenance Superintendent Damonte clarified the City estimates to spend $ 55, 000 annually in staff time and resources on Zone 7 trail maintenance. He clarified all median and trail maintenance is included in a single fund.
City Council
1. Ratified the Mayor' s appointment of Louis Astbury to the Tri- Valley Conservancy Board of Directors for a term beginning May 17, 2022 and ending April 30, 2026. The end of April is the City' s traditional end of term date for Spring appointments City Attorney
2. 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 Manager
3. Approved meeting minutes of January 18, 2022
4. Approved a proclamation recognizing June 2022 as LGTBQ+ Pride Month in Pleasanton, accompanied by flying the progress flag throughout June at the City administration building at 123 Main Street
Community Development
5. Approved the professional services agreements with Hexagon, TJKM, and Fehr and Peers to provide on- call transportation consultant services through June 30, 2025 for the aggregate not- to- exceed amount of$ 500, 000 ( cumulative), and authorize the City Manager to execute the attached contracts; Authorize the City Traffic Engineer to approve task authorizations up to $ 100, 000 for transportation consultant services funded by a developer, and up to $ 25, 000 for services funded by the City; and Authorize the City Manager to approve task authorizations over $ 100, 000 for services funded by a developer, and up to $ 100, 000 for services funded by the City
6. Approved the professional services agreements with 4Leaf, Inc., Independent Code Consultants, Inc., Shums Coda Associates, TRB & Associates, Inc., and West Coast Code Consultants, Inc., to City Council Minutes Page 3 of 16 May 17, 2022
provide on- call building and fire code plan review, permit counter, and inspection services, effective July 1, 2022 through June 30, 2025, with up to two additional one- year extensions, and authorize the City Manager to execute the attached agreements and future potential extensions; Approve a $ 1. 4 million annual aggregate in compensation ( cumulative across the five agreements) and authorize the City Manager to modify the annual aggregate amount as needed during the term of the agreement; Authorize the Director of Community Development to approve allocation of the aggregate across the five agreements, and reallocation as necessary, provided the aggregate of all agreementsis equal to the amount approved by Council, or the amount as modified by the City Manager.
7. Accepted public improvements performed by Pleasanton Unified School District for the traffic signal modification and installation of a second southbound left turn lane on Foothill Road at Foothill High School and authorize a reimbursement payment of$ 800, 000 to Pleasanton Unified School District for the completion of the second southbound left turn lane Traffic Impact Fee project ( Transportation Development Fee Project# 11 Widen SB Approach)
8. Approved actions of the Zoning Administrator and Planning Commission Engineering
9. Adopted and waived full reading for Resolution Nos. 22- 1291, 22- 1292, 22- 1293, 22- 1294, and 22- 1295 approving the Engineer' s Reports for Landscape Maintenance Districts 1984- 1 Ponderosa- Del Prado), 1993- 1 ( Windsor), 1993- 2 ( Bonde Ranch), 1994- 1 ( Oak Tree Farm), and 1995- 1 ( Moller Ranch), declaring the City' s intention to levy, order improvements, and assess the properties for the cost to operate and maintain the Districts, set June 21, 2022, at 7 p. m., as the date and time for the public hearing, and authorize the City Clerk to advertise a notice of Annual Hearing ( Cal. Streets & Highways Code section 22626) ten days prior to the hearing The City Council directed staff to find solutions to the insolvency problems with the Landscape Maintenance Districts.
10. Adopted and waived full reading for GHAD Resolution Nos. 22-125, 22- 126, 22- 127, and 22- 128 approving the Engineer' s Reports for the Geologic Hazard Abatement Districts ( GHAD) for Laurel Creek Estates, Moller Ranch, Lemoine Ranch Estates, and Oak Tree Farm; Declaring the Board's intention to assess the properties for the cost to operate and maintain the Districts; set June 21, 2022, at 6: 50 p. m., as the date and time for the public hearing, and direct the City Clerk to mail a notice of public hearings to the owners of real property located in the Geological Hazard Abatement Districts
11. Allocated an additional $ 210, 000 from the Miscellaneous CIP— General Fund ( Fund 201) to the Transportation Corridor Parking Lot Project, CIP No. 17448, authorize the Director of Engineering to negotiate and execute change orders, utilizing the project contingency, using the additional 210, 000 and raising the approval authority from $ 329, 152 to a not- to- exceed amount of 539, 152, authorize a fourth amendment to the professional services agreement with HMH Engineers, increasing the agreement to a not-to-exceed amount of$ 51, 500 for additional design and construction support services, increasing the agreement to a not to exceed amount of 328,000, authorize a first to the professional services agreement with Pakpour Consulting Group, Inc. in the amount of$ 65,000 for additional construction management services, increasing the agreement to a not-to- exceed amount of$ 240, 000, and authorize the City Manager to enter into the amendments to the agreements with HMH Engineers and Pakpour Consulting Group, Inc.
12. Accepted public improvements performed by WestCal Design and Build, Inc. for the Lift Stations 7 and 8 Ventilation and Lighting Improvements Project, CIP No. 21267, authorized the City Clerk to file a Notice of Completion, authorize the release of retention in the amount of$ 53, 384. 61 to City Council Minutes Page 4 of 16 May 17, 2022
WestCal Design and Build, Inc. 30 days after recordation of the Notice of Completion, and authorize the return of the project' s remaining amount of$ 141, 330 to the originating Sewer Replacement fund balance ( Fund 431)
13. Approved a project specific maintenance agreement between the City of Pleasanton and Caltrans for the Hopyard Road and 1-580 bridge overcrossing for the Hopyard Road and Owens Drive Intersection Improvements Project, CIP No. 15525 and authorize the City Manager to execute the agreement
Finance
14. Accepted the Monthly Claim Disbursements in the amount of$ 14, 506, 295 and the Investment Report for the month of March 2022
Human Resources
15. Pulled for further discussion ( Item 31) - Approve professional services agreement with Renne Public Law Group, LLP for legal services related to labor and employment Library and Recreation
16. Adopted and waived full reading for Resolution No. 22- 1296 authorizing the submittal of applications to the Metropolitan Transportation Commission for Transportation Development Act funds and the Alameda County Transportation Commission for Measure BB funds for the Pleasanton Rides Door- to- Door program
Operations Services
17. Approved and authorized the City Manager to execute an annual Software Service Agreement with MaintStar, Inc. in the amount of $ 175, 440 for year one with the option to extend for four additional years. The total cost of the agreement including years two through five is $ 540, 442 for Computerized Maintenance Management System Services for the Operations Services Department
18. Adopted and waived full reading for Resolution No. 22- 1297 authorizing the Operations Services Department to apply for the WaterSMART SSWEP grant through the Bureau of Reclamation BOR) for the City' s Lawn Conversion Rebate Program to potentially expand the amount of area rebated through the EFLC Rebate Program
19. Approved a new 25-year Recreational Use License Agreement with Zone 7 Water Agency for the recreational use of maintenance roads for public trails along flood control channels, and authorize the City Manager to sign all necessary documents
Council directed staff to look for budget solutions for maintenance of roads for public trails.
20. Approved the first amendment to the agreement for as- needed commercial interior and office furnishings services with Creative Supports, Inc., and authorized the City Manager to increase the not- to- exceed amount from $ 90, 000 to a total cumulative amount of$ 180, 000 through FY 2023/ 24
21. Approved first amendment to the agreement for as- needed building painting services with D&D Commercial & Residential Painting, Inc., and authorized the City Manager to increase the not-to- exceed amount from $ 300, 000 to a total cumulative amount of $ 500, 000 and extend the term through FY 2023/ 24
City Council Minutes Page 5 of 16 May 17, 2022
MOTION: It was m/s by Balch/ Testa to approve the Consent Calendar as amended and as noted with modifications to direct staff to investigate the insolvency issues on Item 9 and to provide possible budgetary increases for Zone 7 trails in Item 19. Item 15 was pulled. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
22. Presented a Commendation recognizing Andres Rodriguez Councilmember Testa presented a commendation to United States Marine Corps Captain Andres Rodriguez. Captain Rodriguez received the Commendation via Zoom and thanked the Council. The Commendation was presented to his parents in the Council Chamber.
23. Recognized outgoing Commission and Committee members Mayor Brown recognized all outgoing Commission and Committee members and presented those in attendance with a certificate.
24. Administered new Commission and Committee Members Oath of Office Mayor Brown introduced all new Commission and Committee members. City Clerk Jocelyn Kwong swore in the newly- appointed members.
25. Students from Thomas Hart Middle School made a presentation regarding Thrombosis Awareness
Students Anish Joshi, Aditya Patankar, and Abhinav Paknikar gave a presentation.
26. Public Comment regarding items not listed on the agenda — Speakers are limited to 3 minutes.
Mayor Brown opened the public hearing.
Joseph McThorn, President of Livermore- Pleasanton Firefighters Local 1974, reported the firefighters are without a contract and stated they are being treated unfairly with policies not imposed on other labor groups within the City. He cited the substance abuse policy as an example, noting the City's proposal does not match those on the Pleasanton Police Department ( PPD). He requested the Council deny the contract in Item 31.
Joe Carlucci, Chair of the Human Services Commission, thanked the Council for its support in approving the Commission' s non- profit grants plan to help residents in need.
Jonathan Heller, Local 1974 member, stated the firefighters deserve a fair and equal contract like the City's other labor groups. He requested the Councilmembers verify the information they receive from the Renne Public Law Group.
Kelli Nasca stated her husband is a LPFD captain and reported she has previously worked for over 10 years in Emergency Medical Services. She advised no other support agencies are being subjected to the City's proposed drug policy or zipper clause. She encouraged the Councilmembers to get directly involved in the contract negotiations.
City Council Minutes Page 6 of 16 May 17, 2022
Gary Sears lauded the in-person recognition of the Rodriguez family and new Commission members.
He expressed concerns about the Bernal Avenue Bridge replacement process and a breakdown in communications. He stated there are opportunities for improvement.
Gerardo Preciado, Local 1974 member, stated the inaction of the Council is disappointing and called upon them to publicly denounce the false LPFD website. He called for the LPFD to be treated fairly like the City's other labor groups and for a fair contract to be settled.
In response to Mayor Brown, Interim City Manager Dolan reported fact- finding will begin on May 23. He advised the findings can sometimes lead to an objective third- party mediation process or an agreement.
John Withers, Local 1974 member, stated the firefighters are not getting a fair negotiation due to incorrect information. He criticized the proposed one- sided zipper clause and drug policy. He theorized both are meant to distract and called on the Council to admonish its negotiators and take over the negotiations themselves.
Gregg Stanford, former Local 1974 member, recalled the challenging 2008 negotiations and called on the Council to step up and lead these negotiations on behalf of its residents. He reported a recent Fire Academy training usurped all of the City's fire engines and called on the Council to not permit it to happen again.
Steve McCoy Thompson, Executive Director of Pleasanton Partnerships in Education Foundation PPIE), presented a plaque to the PPD recognizing 10 years of making the PPIE' s Run for Education possible. He advised the most recent event raised over $ 100, 000.
Janie Dobbs thanked the Council for declaring June 3 as National Gun Violence Awareness Day. She encouraged all residents to wear orange from June 3- 5 to raise awareness about gun violence. She thanked the PPD for its good work and for providing free gun locks for residents.
Mayor Brown closed the public hearing.
PUBLIC HEARINGS AND OTHER MATTERS
27. Adopt and waived full reading for Resolution No. 22-1298 certifying an exception to the 180-day waiting period to appoint an extra help retired annuitant pursuant to Government Code sections 7522. 56 and 21224
Acting Director of Human Resources Xaviera Scoggins reported the item is to waive the 180-day waiting period to approve Interim City Manager Dolan as a retired annuitant. She reported the item is to make an exception to the California Public Employees' Retirement System ( CaIPERS) restrictions on the retiree continuing work for a limited term until June 30 to help ensure an effective transition, including direction on the Fiscal Year 2022/ 23 budget. She reported the total cost is not expected to exceed $ 21, 175.
In response to Mayor Brown, Acting Director Scoggins confirmed CaIPERS would require Interim City Manager Dolan to work on an hourly wage.
Mayor Brown opened the public hearing. There being no speakers, Mayor Brown closed the public hearing.
MOTION: It was m/s by Narum/ Arkin to adopt and waive the full reading of the Resolution No. 22- 1298 certifying an exception to the 180-day waiting period to appoint extra help retired annuitant as recommended and as noted. Motion passed by the following vote:
City Council Minutes Page 7 of 16 May 17, 2022
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
28. Review the Meadowlark Trail Project, CIP No. 22797, and provide direction to staff on whether to proceed with construction
LandscapeArchitectMattGruberprovidedan overviewof the MeadowlarkTrailand reviewedits history fromthe 2006approvalofthe MeadowlarkHousingDevelopmentwhichincludedconstructionof this trail as a Condition of Approval. Staff is requesting direction on whether the City should construct the trail per the Conditions of Approval and as approved by the Council on November 16, 2021, or to modify the Planned Unit Development ( PUD) to remove the trail from the project.
In response to Councilmember Narum, City Attorney Sodergren reported the City received a letter from the developer stating his preference is to have the condition removed. He advised the developer does not want the money back and is agreeable to the funds being used on a trail in an alternative location.
In response to Councilmember Testa, Landscape Architect Gruber clarified the agreement between the developer and homeowners was to create a buffer from the open space to the houses and not necessarily from the trail. He confirmed the buffer is not specific to the trail.
In responseto CouncilmemberBalch, LandscapeArchitectGruberreporteda majorityof the residents attending the March 2 meeting lived west of Foothill Road. He stated his understanding is the Courdet Trail was not under consideration at the time of the 2006 approval of the development.
In response to Councilmember Arkin, Landscape Architect Gruber confirmed the development went through the California Environmental Quality Act (CEQA) process and there were no concerns associated with the trail.
In response to Mayor Brown, Landscape Architect Gruber confirmed there is no proposed additional parking. He advised it is a short trail intended as an amenity for residents of the development and its immediate vicinity. He reported there are approximately 50 parking spaces associated with the Courdet Trail. Heconfirmedthe MeadowlarkTrailis a publictrailon publicopenspaceandthe Citydoesnot plan to limit its use to local residents.
In response to Mayor Brown, City Attorney Sodergren stated the City generally would not be liable for a fire on the trail started by a discarded cigarette. He stated it would be the responsibility of the homeowners to have fire insurance.
In response to Mayor Brown, Landscape Architect Gruber stated the Meadowlark Trail would not connect to the Castleridge Trail or any other trails without crossing a street.
Mayor Brown opened the public hearing.
Larry Messa congratulated Interim City Manager Dolan on his retirement. He expressed his strong opposition to the Meadowlark Trail project as a neighboring resident. He noted issues of traffic, parking violations, and safety concerns have arisen since the Courdet Trail opened and advised the Courdet Trail more than fulfills any neighborhood hiking needs. He noted there would also be future maintenance fees for the City as well.
Sandeep Duggal expressed concerns about fire risks on the Meadowlark Trail given the tall grasses and proximity to homes. He reported in 2005 the concept was first developed with acres to remain City Council Minutes Page 8 of 16 May 17, 2022
permanent open space. He noted the area was intended for grazing cattle. He questioned the integrity of the process as residents were assured in 2006 there would not be a trail through the open space.
Cyndi Atherton reported on the original agreement from 2006 with neighbors like herself stating the land in question should remain open space and not include a trail. She noted her continued opposition and a lack of residential agreement on having a trail.
David Yamamoto reported he agrees the Meadowlark Trail is unnecessary and the Courdet Trail met any obligation to create a trail. He stated another trail would bring increased traffic, parking issues, and fire risks. He encouraged the City to use the funds to help upgrade the parking and staging area at Alviso Adobe Community Park and add a crosswalk across Foothill Road.
Michael Segundo stated the area residents, including himself, have submitted a petition in opposition to the trail. He echoed concerns about another trail in the neighborhood, including parking, traffic, safety, and redundancy created with the existing trails such as the Castleridge Trail that had not yet been conceived in 2005. He advised a CEQA study should be considered if the trail moves forward.
Greg Simmons reported his initial concerns about living next to the Marilyn Kane Trail but noted fire and overcrowding risks have not been an issue in the 10 years since its construction. He stated the benefits to the entire community for building the trail far outweigh the neighbors' objections. He advised the City needs more mental and physical health opportunities for children.
Terrence Chen, speaking on behalf of developer Sun Meadowlark LLC, confirmed the developer does not wish to be reimbursed if the trail is not built and advised they request the City use the funds to improve its other trails.
Laura Leslie expressed her support for the trail as a resident just east of Foothill Road. She stated the trail is far enough away from the home to alleviate privacy concerns. She stated the near- by Castleridge Trail is too steep and the Meadowlark Trail a viable alternative. She stated the level of additional fire danger risk is being overblown.
Les Isozaki reported he is a resident east of Foothill Road and a regular user of the Courdet and Castleridge trails. He stated he has never witnessed traffic and parking concerns unless there was an event happening. He advised the Courdet Trail has not led to any fire issues. He stated the Meadowlark Trail would benefit both new hikers and aging ones like himself.
Mayor Brown closed the public hearing.
In response to Councilmember Testa, Landscape Architect Gruber confirmed the City would have to perform weed abatement and other maintenance. He clarified it varies whether the developer or City is responsible for maintenance of open spaces. Interim City Manager Dolan clarified different projects have been treated differently regarding open space maintenance. He agreed there is conflicting information between a condition of approval requiring a trail and long-term residents stating it was never in the original agreement.
Councilmember Testa reported the day she visited the site on a weekend that the traffic was impactful.
She agreed with residents the trail will create privacy issues. She noted there have been a significant of emails received from residents stating the trails belong to all of Pleasanton and they want the trail to be built. She stated she is conflicted on the matter.
In response to Councilmember Arkin, Landscape Architect Gruber clarified the proposed trail would end at Foothill Road but also have a constructed pathway connecting to the development' s sidewalks.
City Council Minutes Page 9 of 16 May 17, 2022
CouncilmemberNarumnotedthis developmentwas approvedduringhertimeonthe Planning Commissionandnotedthetrail's creationwas connectedto a notionof AlvisoAdobeCommunityPark eventually spanning across Old Foothill Road.
In response to Councilmember Narum, Traffic Engineer Mike Tassano confirmed there is a plan for a crosswalk. He clarified the crosswalk was proposed as a condition of approval but it was omitted from the final list of conditions. He confirmed the cost for the crosswalk is on the City but noted the design work and some other area improvements were covered by a grant.
In response to Councilmember Balch, Traffic Engineer Tassano clarified the crosswalk will have a pedestrian hybrid traffic signal as opposed to a full traffic signal so it will only cost about $ 150, 000 to create the crosswalk.
Councilmember Balch stated he can see both sides of the issue. He stated the Castleridge Trail achieves many of the goals the Meadowlark Trail was designed to achieve. He advised the crosswalk would be a great amenity to the neighborhood east of Foothill Road.
Councilmember Balch moved to amend the contract, not require the trail, and send the issue to the Bicycle, Pedestrian and Trails Committee to recommend how to best use the money. Mayor Brown seconded the motion.
Mayor Brown noted the Castleridge Trail was not envisioned in 2005- 2006 when the development was being planned. She lauded the City's many trails for residents but advised a dirt loop around eight homes would not be a significant community amenity.
Councilmember Narum expressed support for the motion, noting how the other area trails were not yet conceived when she approved the development on the Planning Commission. She requested the Bicycle, Pedestrian and Trails Committee consider the crosswalk when assessing uses for the developer' s fee.
In response to Councilmember Testa, Interim City Manager Dolan confirmed there have been past discussions about having a parking lot for trail users in the open space, but the Jorgensen Lane neighbors were more offended by the parking lot than the trail.
Councilmember Arkin stated she is generally in favor of more trails but advised after viewing it herself, it would only benefit the local residents who do not want it. She echoed comments about the Castleridge Trail being a good alternative and in expressing concerns about parking. She expressed her support of the motion.
MOTION: It was m/s by Balch/ Brown to amend the contract to not build the trail and refer the item to the Bicycle, Pedestrian and Trails Committee for recommendation on how to best use funds for an amenity for review, such as adding a crosswalk on Foothill Road or other options, for a community benefit. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown recessed the meeting at 9:50 p.m. The meeting resumed at 9:56 p.m.
29. Review and consider the City' s Legislative Framework with the 2022 Focus Areas and establish the City's legislative positions on selected bills, and request City staff to monitor remaining legislation throughout the 2022 legislative cycle to determine whether the City Council should take a formal position on additional legislation
City Council Minutes Page 10 of 16 May 17, 2022
Assistant to the City Manager Becky Hopkins reported on the City' s Legislative Framework and advised the City's legislative focus areas for 2022 include COVID-19 recovery, housing, fiscal sustainability, fostering economic prosperity, infrastructure, protecting local control, creating a safer and secure community, sustainable development, and regional collaboration.
Assistant to the City Manager Hopkins reported City staff and advocates from Townsend Public Affairs and the League of California Cities ( Cal Cities) reviewed 79 bills for position- taking.
Townsend Public Affairs Senior Associate Andres Ramirez reported on many of its advocacy efforts on behalf of the City, including federal and State budget requests, submitting letters with the City' s stated positions, monitoring legislation, and engaging elected officials.
Mr. Ramirez reported the State projects a $ 90 billion surplus and much of this money will go out as grants for one- time projects. He reported, in consultation with the Interim City Manager and in consideration of the Council' s priorities list, the City will focus its requests on per- and polyfluoroalkyl substances ( PFAS) mitigation funding. He reported Assemblymember Rebecca Bauer- Kahan put forward a $ 3 million request as one of her top priority requests to help fund the City' s PFAS combatting efforts. He advised $ 2 million towards the City' s PFAS efforts also made the request list from Congressman Eric Swalwell for a federal appropriation. He advised the City continues to work with Senator Dianne Feinstein on possible funding for the Interstate 680 and Sunol Boulevard interchange project.
Assistant to the City Manager Hopkins reported the housing bills being presented are ones where the recommendation is to oppose with comments and staff is looking for Council feedback.
Director of Community Development Ellen Clark stated staff has concerns about Assembly Bill 916' s elimination of discretionary review for Accessory Dwelling Units ( ADU) and raises the maximum height of ADUs to 18 feet. She reported AB 1850 impacts how cities can acquire non- deed restricted housing and convert it to deed- restricted. She reported AB 2011 expands the " by right" approval ability for affordable and mixed- income residential projects from only its proximity to mass transit to also include proximity to major road corridors. She reported AB 2053 would create a new State agency with the ability to construct public housing projects.
Director Clark reported AB 2063 would waive fees for affordable housing units with a density bonus.
She advised there are concerns about unclear language in addition to the potential lost fee revenue for cities. She reported AB 2097 would prohibit cities from imposing minimum parking requirements for projects within a half mile of mass transit. She advised AB 2097 is similar to Senate Bill 1067 also on this list. She reported AB 2221 excessively truncates the timeline for an ADU. She reported AB 2234 could lead to cities facing litigation under the Housing Accountability Act. She reported AB 2334 greatly expands existing housing density bonus law to include areas not only near mass transit. She reported SB 897 would raise the height limit for an ADU to 25 feet and remove the sunset provision. She reported SB 930 has been narrowed since first introduced but is still unsatisfactory as it relates to the proposed new category of extremely- low income housing.
Councilmember Testa requested changing to support for SB 1457, noting the bill comes with funding to create a first- time homebuyer program.
In response to Councilmember Testa, Mr. Ramirez noted he has a good relationship with Senator Hertzberg' s senior staff and will convey Councilmember Testa' s thoughts on SB 1457. He confirmed Councilmember Testa said to support SB 1457 with amendments in the Legislative Subcommittee and the opposition in the staff report is a mistake.
City Council Minutes Page 11 of 16 May 17, 2022
In response to Councilmember Testa, Mr. Ramirez stated AB 2011 is a general threat to local control.
He advised the bill has been extensively amended since introduction.
In response to Councilmember Arkin, Assistant to the City Manager Hopkins clarified she discussed environmental bills with East Bay Community Energy ( EBCE), StopWaste, and Zone 7 Water District.
She presented bills those groups have taken positions on.
Councilmember Arkin reported SB 1393, AB 2143, and AB 1817 stand out to her from an environmental standpoint. Councilmember Testa agreed but noted there were over 3, 000 bills submitted during the legislative session.
Assistantto the CityManagerHopkinsrequestedCouncilmembersemailherif theyfinda bill aligning with the Legislative Framework. If it is found to be in alignment with the adopted Legislative Framework it can be approved without having to come back to Council. She noted bills are discussed and positions changed regularly because they can often be amended as Mr. Ramirez described.
CouncilmemberNarumadvised79 billsfor the Cityto followis alreadytoo manyandcalledto bemore strategic in collaborations like EBCE where they can drive bills of importance in their sectors. Assistant to the City Manager Hopkins confirmed part of the process is checking with relevant agencies before the Citytakesa positionon legislationwhereanothergroupis the expert. Sheestimatedthe City tracked about 50 bills last year.
Councilmember Balch advised the City is becoming diluted with such a long list. He noted with SB 1457 the City is taking a position on a $25 billion bill without considering what that expenditure does to the State. He stated in AB 1771 the City is taking a stance on a matter pertaining to the State's Tax Code with no data to speculate about the proliferation of statewide housing speculation. He questioned if the City is watering down how effective it can be in achieving its goals instead of focusing on critical bills with direct impacts to the City like AB 2011.
In response to Councilmember Balch, Assistant to the City Manager Hopkins explained there are times where it is and is not worth the City's political capital. She advised the Tri-Valley Cities coalition is weighed regularly in the name of creating the strongest voice. She advised Townsend Public Affairs is very helpful in making this determination.
Councilmember Balch advised he cannot support AB 1771 and requested the bill be bifurcated from the item. He noted a report on financial impacts would be helpful on many of the bill positions.
Councilmember Narum advised Zone 7 requested the City take a position on AB 2142. Councilmember Balch noted the Zone 7 request helps him understand why AB 2142 is on the list because the City's partnership will help amplify Zone 7's voice.
In response to Councilmember Balch, Assistant to the City Manager Hopkins confirmed the stance on SB 1046 is intended to amplify StopWaste' s support of the bill.
Councilmember Arkin noted many of the bills are important and the City should be involved on matters like the environment. She advised PFAS is a very important issue for the City.
Mayor Brown opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Testa moved to approve the recommendations with an amendment to change the position on SB 1457 to support.
In response to Councilmember Balch, Councilmember Testa agreed to bifurcate AB 1771 for a separate vote.
City Council Minutes Page 12 of 16 May 17, 2022
Councilmember Narum seconded the motion.
MOTION: It was m/s by Testa/ Narum to approve recommendations as noted with the exception of Assembly Bill 1771 and an amendment to change to a support position on Senate Bill 1457.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
Councilmember Balch moved to take a watch position on AB 1771.
Councilmember Testa reported she will not support the motion. She advised she does not expect the bill to pass and noted the State is not considering economic factors leading to the skyrocketing prices.
In response to Mayor Brown, Councilmember Testa confirmed AB 1771 is a tax on house flippers and confirmed Cal Cities has the bill in the watch category.
In response to Mayor Brown, Mr. Ramirez reported the Tri-Valley Cities coalition has no stance on AB 1771.
Councilmember Narum explained her support of the position on the Legislative Affairs Committee.
Councilmember Narum seconded the motion.
MOTION: It was m/s by Balch/ Narum to put Assembly Bill 1771 in the watch category, aligning with Cal Cities. Motion failed by the following vote:
Ayes: Councilmember Balch, Mayor Brown
Noes: Councilmembers Arkin, Narum, Testa
Absent: None
Councilmember Testa moved to recommend a position of support with amendments for AB 1771.
Councilmember Arkin seconded the motion.
MOTION: It was m/s by Testa/ Arkin to recommend a position of support with amendments for AB 1771. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown
Noes: Councilmember Balch
Absent: None
Interim City Manager Dolan advised if the City Council believes it will only get through one of the two remaining items tonight the contract in Item 31 is more important. The dais agreed to hear Item 31 first.
30. Continued to next meeting — Provide direction for allocation of funds in the special revenue fund related to the Pleasanton Garbage Service Rate Reserve
31. Approve professional services agreement with Renne Public Law Group, LLP for legal services related to labor and employment
Current annuitant and former Director of Human Resources and Labor Relations Debra Gill reported Renne Public Law Group has an ongoing contract for services as needed and the City of Livermore and Pleasanton jointly chose Renne Public Law Group to handle their shared issues in negotiating with City Council Minutes Page 13 of 16 May 17, 2022
Local 1974. She advised Arthur Hartinger came with support for his prior work in both cities. She reported the contract expired in February with the firm continuing its work for the City.
Ms. Gill clarified a services as needed contract does not guarantee work but rather holds services in case they are needed. She explained the contract is needed to pay current invoices, continue the labor negotiations with Local 1974, and to have capacity if the firm's services are needed again in the future.
In response to Councilmember Narum, City Attorney Sodergren reported there is no conflict with the firm in hisopinion. He advisedthereis a revolvingdoorprovisionunderStatelawbutit wouldonly apply if Mr. Fialho appeared before the City Council representing the firm. He clarified the contract is with the firm's attorney group and not the consulting group that Mr. Fialho works in.
In response to Councilmember Narum, Interim City Manager Dolan explained if the contract is canceled, the City would likely cancel Monday's fact-finding meeting with Local 1974 and reschedule witha date likelymonthsin the futurewhichwouldaddsignificantcostandtimeto the negotiating process.
In responseto CouncilmemberArkin, Ms. Gill reportedthe Cityhashada contractwithfirmsemploying Mr. Hartinger for about 5 to 6 years.
In response to Mayor Brown, Ms. Gill confirmed the item is not to hire Mr. Hartinger but rather to secure capacityfrom hisfirm. Shenotedthe Cityhasuseddifferentattorneyswithinthefirm. InterimCity Manager Dolan clarified Mr. Hartinger is specifically for the LPFD negotiations. He clarified the proposal is for a three- year term.
Mayor Brown opened the public hearing.
Joseph McThorn, President of Local 1974, clarified the union is not requesting a change in law firm in the middle of negotiations, but rather a rejection of the firm after the negotiations are concluded. He called for the City Council to allow Renne Public Law Group to complete the negotiations and allow the new City Manager and Human Resources Director to start fresh and select their own firm.
Mayor Brown closed the public hearing.
Councilmember Testa advised if there is a public perception of a conflict of interest it is always a concern and should be factored into the City Council's thinking. She explained a one-year contract will allow the future Human Resources Director an opportunity to decide their firm of choice.
Councilmember Testa moved to limit the contract to year- to- year at a prorated cost.
Interim City Manager Dolan advised the new Human Resources Director would have the ability to change firms even if the City Council approves the proposal. He advised the City does not know how much it will cost to complete the Local 1974 contract. Ms. Gill advised it is not unusual to have multiple contracts simultaneously and clarified a multiple- year contract does not mean the City has to use Renne Public Law Group.
Ms. Gill expressed concern that the City has fact-finding on Monday. She advised this is being done in partnership with the City of Livermore and not in isolation.
In response to Mayor Brown, Ms. Gill estimated it will cost $ 300, 000 to complete work on the negotiations.
Councilmember Narum noted the contract's language allows the City to terminate the contract at any time.
City Council Minutes Page 14 of 16 May 17, 2022
Mayor Brown stated the City Council does not perform the action of terminating the contract and their chance to weigh in on the matter is through the approval of funds.
Councilmember Narum explained the City has to get the fact- finding done and she could not support changing the negotiator mid- course.
Mayor Brown advised she has heard the City Council is uncomfortable with a three-year$ 500,000 contract and would like to allow the new Human Resources Director to have a hand in picking a firm after the contract is completed.
Councilmember Testa clarified the Councilmembers have been clear in agreeing to complete the negotiations with Renne Public Law Group but also respond to the public and union' s perception of a conflict.
In response to Councilmember Arkin, Ms. Gill clarified Renne Public Law has invoiced the City but, lacking a contract, the City has no means to pay its outstanding bills. She confirmed the old contract expired in February and the start date of the proposed contract is January 1, 2022. City Attorney Sodergren advised the billing cycle takes time to process.
In response to Councilmember Arkin, Ms. Gill clarified the $ 300, 000 amount is an estimate and depends on how long the negotiations will continue. Interim City Manager Dolan confirmed if it exceeds the amount, staff could return to City Council with a request for additional funds.
Councilmember Testa moved to approve a one- year contract not- to- exceed $ 300, 000.
City Attorney Sodergren clarified this would make the contract's term from January 1, 2022, until January 1, 2023.
Councilmember Arkin seconded the motion.
Councilmember Balch advised the City Council should support its negotiating team. He noted attorneys have a code of ethics and professional standards they must adhere to. He explained he would have liked to move the full contract so the future Human Resources Director could choose. He advised his impression is that Mr. Hartinger is well- respected within the industry.
Councilmember Arkin explained there is about to be a change in the City' s senior staff and noted they may elect to choose the same firm. She clarified the City Council is not deriding the firm's work but rather allowing for a cleaner potential break based upon the desires of the future staff.
Mayor Brown stated the City needs Renne Public Law Group to complete the process and is willing to give the firm $ 300, 000 to do it.
In response to Councilmember Narum, Interim City Manager Dolan could not confirm six months would be enough time to complete the negotiations but advised he would expect the process to be completed within the timeframe.
MOTION: It was m/s by Testa/ Arkin to approve the agreement with an amendment for a one- year term from January 1, 2022, until January 1, 2023, with a cost not- to- exceed $ 300, 000.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown
Noes: Councilmember Balch
Absent: None
City Council Minutes Page 15 of 16 May 17, 2022
Mayor Brown noted the time is 11:20 p.m. and inquired with the Council about hearing Item 30.
Councilmember Narum advised she would prefer not to continue.
Item 30 was continued to the next regular meeting.
MATTERS INITIATED BY COUNCIL — None.
COUNCIL REPORTS: Brief reports on conferences, seminars, and meetings attended by the Council Councilmember Narum reported Valley Link approved a $ 22 million budget, mostly for environmental work. She reported attending the Mayor's Dinner and Fire Academy graduation.
Councilmember Balch reported attending a Waste and Recycling Subcommittee meeting and advised that StopWaste is hosting a hazardous waste pickup event on Sunday. He commended the Mayor's Dinner. He reported attending an Innovation Tri-Valley meeting and the Fire Academy graduation.
Councilmember Arkin reported attending a Pleasanton Unified School District (PUSD) Liaison meeting, Mayor' s Dinner and Fire Academy graduation.
Councilmember Testa reported attending the Fire Academy graduation a Cal Cities East Bay division meeting, an Alameda County Mosquito Abatement meeting, the Cal Cities City Leaders Summit in the City of Sacramento, a Cal Cities Women' s Caucus meeting, and the Mayor' s Dinner.
Mayor Brown reported attending Alameda County Transportation Commission meetings and stated there will be $ 38 million distributed to the cities through Measure B and Measure BB Sales Tax Revenue. She attended meetings of Tri- Valley Transportation Council ( TVTC), PUSD Liaison Committee, and Local Agency Formation Commission ( LAFCo) meeting focused on Measure D.
ADJOURNMENT
Mayor Brown adjourned the regular meeting at 11:29 p.m.
Respectfully ubmitted,
celyn w.
City Clerk
City Council Minutes Page 16 of 16 May 17, 2022