CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
June 7, 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, Narum, Testa, Mayor Brown
Absent: Councilmember Balch
AGENDA AMENDMENTS
City Manager Gerry Beaudin noted an amendment on page 2 of Item 2 to change the word "Ultimate" to Altamont."
CONSENT CALENDAR
Mayor Brown opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Narum stated she would prefer items like Item 9 come forward as part of the budget.
She clarified the request is about $ 70, 000 over what was budgeted. She added the Council recently designated $ 2 million for the project, but the budget has not yet been approved so she views the extra cost as a procedural matter.
Mayor Brown expressed her excitement about the item moving forward. She noted there is a line item in the proposed Capital Improvement Plan budget for unforeseen overages.
City Attorney
1. Adopted findings regarding public health related to the COVID- 19 pandemic to support continued virtual public city meetings per Resolution No. 21- 1249 City Manager
2. Approved meeting minutes of February 1, 2022, as amended
3. Adopted and waived the full reading for Resolution No. 22- 1299 authorizing approval of the amendment to the agreement between the City of Pleasanton and Pleasanton Garbage Service, Inc. for solid waste, recyclable materials, and organic materials services; related to state law SB 1383 and other non- substantive changes
Community Development
4. Public Hearing — Adopted and waived the full reading for Resolution No. 22- 1300 to update the Tri- Valley Transportation Development Fee pursuant to the requirements of the Joint Exercise of Powers Agreement
City Council Minutes Page 1 of 11 June 7, 2022
5. Approved the actions of the Zoning Administrator and Planning Commission Engineering
6. Approved the plans and specifications, reviewed bids, and authorized the City Manager to enter into the project contract awarded to O' Grady Paving, Inc. of Mountain View, CA, for the low bid amount of $ 3,316, 272. 50 for the Annual Streets Resurfacing and Preventative Maintenance Project, CIP No. 22503; authorized the Director of Engineering to approve and execute contract change order( s) for a project contingency amount not- to- exceed $ 504, 090 ( approximately 15 percent of the contract) for unforeseen yet necessary related work, transfer $ 150, 092 from the Annual Slurry Seal Project, CIP No. 22504, to the Annual Street Resurfacing and Preventative Maintenance Project, CIP No 22503, Transfer $ 56, 594 from the Annual Curb and Gutter Project, CIP No. 22509, to the Annual Street Resurfacing and Preventative Maintenance Project, CIP No 22503, transfer $ 250, 000 from the Annual Sidewalk and Intersection Ramp ( ADA) Project, CIP No. 22505, to the Annual Street Resurfacing and Preventative Maintenance Project, CIP No. 22503, and transfer $ 195,469 from the Annual Street Resurfacing and Preventative Maintenance Project, CIP No. 21503, to the Annual Street Resurfacing and Preventative Maintenance Project, CIP No. 22503.
7. Accepted public improvements performed by A. Teichert & Son, Inc. for the Annual Resurfacing and Preventative Maintenance Project, CIP No. 21503, authorized the following: City Clerk to file a Notice of Completion, the release of the retention in the amount of $ 180, 154. 03 to A. Teichert & Son, Inc. 30 days after the recordation of the Notice of Completion, and the transfer of the remaining funding of $ 195, 469 in CIP No. 21503 to the Annual Street Resurfacing and Preventative Maintenance Project, Cip No. 22503
8. Approved the plans and specifications, reviewed bids, and authorized the City Manager to enter into the project contract awarded to American Asphalt Repair & Resurfacing Co., Inc. in the amount of $ 494, 823 for the Annual Slurry Seal of Various Streets Project, CIP No. 22504, and authorized the Director Engineering to approve and execute contract change order( s) for a project contingency amount not- to- exceed $ 49, 482 ( approximately 10 percent of the contract) for unforeseen yet necessary related work.
9. Approved the first amendment to the professional services agreement with RRM Design Group for design services in the amount of $ 332, 081 for the Skatepark at Ken Mercer Sports Park Project, CIP No. 20774.
10. Approved a one- year maintenance agreement with Terra Landscape in the amount of $ 112, 090 for landscape maintenance services at the city of Pleasanton' s five Landscape Maintenance Districts beginning July 1, 2022, and authorize the City Manager to execute the agreement with Terra Landscape
Library and Recreation
11. Approved the appointment of Tho Nguyen as Teen Poet Laureate for school year 2022/ 23.
Operations Services
12. Approved an agreement with Causey Consulting in the amount of $ 541, 210 to develop an Operations and Maintenance Program for the Sanitary Sewer System for FY 2021/ 22, reallocate 600, 000 of the $ 1, 000, 000 budget for CIP No. 22278 Annual Sewer Collection System Improvements to the Sewer Operations Fund ( 43041202- 430101).
City Council Minutes Page 2 of 11 June 7, 2022
13. Authorized the City Manager to extend and amend the existing Agreement with Rubicon Landscape for a two- year period starting July 1, 2022., for a total not- to- exceed amount of 300, 413 for trash and recyclable collection services for parks and trailheads
14. Authorize the City Manager to extend the Agreement with PSC Industrial Outsourcing, LP, for one year, and increase the FY 2022/ 23 contract amount from $ 70, 000 to $ 95, 0000 for routine hazardous waste hauling and emergency response services
15. Authorize the City Manager to execute the amendments to the as- needed service agreements, for a two- year extension through June 30, 2024, with a not- to- exceed cumulative amount of 3, 400, 000 for facilities, utilities, and parks and trails maintenance and renovation services MOTION: It was m/s by Arkin/ Testa to approve the Consent Calendar as amended and as noted with an amendment to the second page of Item 2 to change the word " ultimate" to Altamont." Motion passed by the following vote:
Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown Noes: None
Absent: Councilmember Balch
MEETING OPEN TO THE PUBLIC
16. Welcome Remarks for City Manager Gerry Beaudin
Mayor Brown welcomed City Manager Beaudin to the City.
City Manager Beaudin thanked the City Council for its confidence and warm welcome. He commended the passion of the Pleasanton community, non- profits, and business owners, along with the dedicated City staff. He stated he is looking forward to all they will accomplish in the years to come.
Councilmember Narum welcomed City Manager Beaudin back to the City and expressed excitement for all they will be able to accomplish with his previous knowledge of the City.
Councilmember Testa welcomed City Manager Beaudin back to the City, commending his energy and action- oriented work ethic noting there is a lot to get done.
Councilmember Arkin welcomed City Manager Beaudin and expressed excitement at having him in this role, expressing confidence in his ability to succeed.
Mayor Brown reported City Manager Beaudin' s application had unanimous City Council support.
17. Presentation by 2022/ 2023 Teen Poet Laureate
Councilmember Narum introduced 2022/ 23 Teen Poet Laureate Tao Nguyen. Ms. Nguyen recited a poem titled " The Days We Drift."
18. Public Comment regarding items not listed on the agenda — Speakers are limited to 3 minutes.
Gordon Galvan of Pleasanton Garbage Service ( PGS) welcomed City Manager Beaudin. He commended work over the past six months with Assistant to the City Manager Becky Hopkins on Senate Bill 1383- related matters. He thanked the City Council for approving Item 3 and noted PGS looks forward to continuing its relationship with the City.
City Council Minutes Page 3 of 11 June 7, 2022
In responseto MayorBrown, Mr. Galvanstatedhe sees no problemswith the City's recommendations in Item 19.
Art TenbrinkprovidedwelcomedCity ManagerBeaudin. He requestedthe City Counciland staffwork toward banningassaultrifles and other suchweaponsof war from the City. He thankedthe City for declaringthe first Fridayof Juneas NationalGunViolenceAwarenessDay.
PUBLIC HEARINGS AND OTHER MATTERS
If necessaryto ensurecompletionof thefollowingitems, the Mayormayaltertime limits.
19. Continued from May 17, 2022 — Provide direction for allocation of funds in the special revenue fund related to the Pleasanton Garbage Service Rate Reserve ( Fund 171 PGS Reserve Fund).
Assistantto the City ManagerHopkinsreportedstaffwas directedby City Councilin February2020to returnto receivedirectionregardingthe use of SpecialRevenueFund 171. She reportedmeetingin May with the City Council's Waste and Recycling Subcommittee which recommended using the Special Fundfor SB 1383implementationcosts, roadmaintenance, smoothingof garbagerates, and landfill- related costs.
Assistantto the City ManagerHopkinsreportedstaff still does not knowthe full costsof implementing SB 1383, but the fund will help supplement the implementation should it exceed the budget estimates, primarily for one-time costs not needing to be passed along to PGS ratepayers. She reported after a nexus study is performed on road impacts from the service, the City Council could set a fee into the Franchise Agreement collected through annual rates and used towards road maintenance. She advised the City Council would have to approve the study at an estimated cost of $ 20, 000. She reported the subcommittee was interested in having the ability to smooth garbage rates but noted it would only be for one year. She noted there are annual landfill maintenance and operational costs built into the PGS rate structure, but this fund usage would allow for one- time costs for new studies.
In response to Councilmember Narum, Assistant to the City Manager Hopkins confirmed Council can provide direction on how money leaving the fund could be divided up among the four proposed categories. Staff does not presently know what percentages to recommend and having it be open allows for more flexibility. The City Council would have to agree to any expenditures.
In response to Councilmember Narum, Assistant to the City Manager Hopkins clarified the $ 563, 000 budgeted for the Fiscal Year 2022- 23 is a procurement requirement for compost and mulch. She clarified no money from the fund goes to PGS and that the money budgeted is only for City-related costs. She advised there are also one-time costs being incurred by PGS for SB 1383 compliance and implementation and the Council can consider covering those costs from this fund so PGS's costs are not passed on to ratepayers. The options are limited to waste and recycling options to specifically benefit ratepayers since they are the source of the Fund.
In responseto CouncilmemberTesta, Assistantto the City ManagerHopkinsconfirmedthe moneyin the General Fund was an agreement made in February 2020 by the City Manager and City Council at the end of the previous Franchise Agreement. She confirmed the only financial request in the recommendation is $20, 000 to perform a road study if so directed.
In response to Councilmember Testa, City Manager Beaudin clarified in all of the scenarios included in the staff report the money will be spent to the benefit of the ratepayers regardless of which bucket the funding ends up in. He advised the City Council could always set the impact rate lower than what the nexus study returns.
City Council Minutes Page 4 of 11 June 7, 2022
In response to Councilmember Arkin, Assistant to the City Manager Hopkins confirmed staff would have to check if all $ 2 million allocated to the General Fund went to roads. She confirmed there was no specific direction for the money but there is an assumption it was directed towards road work.
In response to Councilmember Arkin, City Manager Beaudin advised impact on local streets was discussed with PGS for the Franchise Agreement. He reported the City would hire a consultant to help assess the impacts while meeting Assembly Bill 1600 requirements for a Nexus study.
In response to Councilmember Arkin, Assistant to the City Manager Hopkins advised she does not have the exact calculations for how much money would have to be drawn from the Fund to assure there would be no ratepayer increases in FY 22- 23. She reported there will be a discussion of next year' s rates at the next meeting and rate smoothing scenarios will be provided then.
In response to Mayor Brown, Assistant to the City Manager Hopkins confirmed three large garbage trucks are traveling every street every week; one each for landfill, recycling, and garbage.
In response to Mayor Brown, Assistant to the City Manager Hopkins clarified the fund can smooth over FY 22- 23 but ratepayers will eventually have to pay the increase in future years. She advised this upcoming year is an index-based increase residents are contractually obligated to pay. She noted there are also small specific SB 1383- related costs to pay this year and included in the Franchise Agreement.
In response to Mayor Brown, Assistant to the City Manager Hopkins confirmed the City' s Action Plan has up to three full- time equivalent positions to help with SB 1383 compliance. She advised a consultant has recently been hired to help with implementation. She reported it is a $ 100, 000 contract with $ 40, 000 set aside for contract employees of the consulting firm to help with the initial program. She advised that future staffing needs have not yet been determined.
In response to Councilmember Narum, Assistant to the City Manager Hopkins confirmed SB 1383 staff expenses are allowable to be passed onto ratepayers but advised it is a City Council decision whether or not it should be done.
In response to Councilmember Testa, Assistant to the City Manager Hopkins explained that reverse vending is not included in the Franchise Agreement and advised it is a state-run program. She reported there is not a nexus because it is ratepayer money. She clarified the buyback center is only mentioned in the agreement in the context that staff would receive a courtesy notice if PGS closes it. She advised PGS is not obligated to offer a buyback center because the State runs the program.
In response to Mayor Brown, City Manager Beaudin clarified the City' s road budget is fixed but creating a new revenue source, such as a potential impact fee, puts more money into the overall pool for road improvements citywide.
Mayor Brown opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Narum advised the money should be used for one- time costs. She explained that smoothing rates will mean customers will eventually have to pay an even larger increase. She advised it has been a large concern and discussion point for East Bay Community Energy ( EBCE) where customers recently saw a large increase after a rate smoothing measure expired. She agreed with the four categories and added rate smoothing may make more sense in year seven.
In response to Mayor Brown, Councilmember Narum agreed to a $ 20, 000 Nexus study to help figure out road impacts stemming from SB 1383.
Councilmember Narum moved to adopt the allocation plan as recommended, including up to $ 25, 000 for a Nexus study on road maintenance with a general direction to use the funds to offset one- time City Council Minutes Page 5 of 11 June 7, 2022
costs. She added the one-time costs are a rate smoothing because if the City does not offset the costs the ratepayers will have to pay for them. Mayor Brown seconded the motion.
Mayor Brown reported from subcommittee meetings it will be a bumpy road ahead because SB 1383, while done for the right reasons, is expensive. She supported a nexus study to see what the three trucks traveling every street weekly does to road conditions. She advised Traffic Impact Fees are a part of new projects.
Councilmember Arkin agreed SB 1383 will be expensive. She advised the majority of the funds should go towards smoothing rates because it is taxpayer money and should be returned more directly. She noted many things damage the road, citing delivery trucks as an example.
Councilmember Arkin advised that the $ 2 million from the fund which went into the General Fund is helping with the roads.
Mayor Brown reported the Subcommittee did have the data about rate smoothing and noted the fund balance can be spent very quickly.
Councilmember Testa agreed that ratepayer money should go back to ratepayers and roads are a weak justification for putting money into the General Fund. She called for all of the money to toward rate smoothing. She advised the $20,000 for the study opens the door for more rate increases.
Councilmember Narum advised she would like a nexus study because no one knows how much wear the trucks add to the road. She explained that paying one- time costs is rate smoothing because otherwise they would be passed on to the customers. She expressed discomfort at smoothing rates like EBCE tried in 2012 and customers now see very large increases. She advised paying one-time costs puts money back into rate payers' pockets.
Councilmember Arkin advised she would be comfortable with what staff has proposed were it not for the $ 2 million that went to the General Fund.
In response to Councilmember Narum, Councilmember Arkin advised she would be agreeable to an amended motion keeping the Nexus study but eliminating road maintenance as a permissible fund allocation.
Councilmember Narum amended her motion to not include road maintenance as a permissible use of the funds and reduced the maximum cost of the Nexus study down to the staff- recommended $ 20, 000.
Mayor Brown seconded the amended motion. She noted she and Councilmembers Testa and Narum were on the City Council in 2020 and have responsibility for the $2 million going to the General Fund.
City Manager Beaudin noted this is simply the framework of the allocation plan.
MOTION: It was m/s by Narum/ Brown to adopt the allocation plan, with the elimination of street maintenance costs as a permissible allocation, approval of a $ 20, 000 nexus study on road impacts, and preference given to one- time costs when allocating funds. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown Noes: None
Absent: Councilmember Balch
City Council Minutes Page 6 of 11 June 7, 2022
20. Introduced and waived the first reading of Ordinance No. 2238 approving the Pleasanton Police Department' s Military Equipment Use Policy and Equipment List pursuant to requirements of AB 481
Pleasanton Police Department ( PPD) Chief David Swing reported Assembly Bill 481 requires police departments to provide a military equipment list and obtain authorization from their governing bodies for its use. He reported the equipment on the PPD' s list is widely used across the country in local law enforcement and not in a military setting.
PPD Lieutenant Brandon Stocking noted the PPD does not participate in the 1033 military surplus programs unlike some other peer organizations in the State. He confirmed the PPD does not own any equipment previously used by the military. He reported AB 481 has 14 categories of equipment and noted those categories that PPD possesses have no reasonable alternatives available.
Lt. Stocking reported in April 2021, there was an incident with a man firing 250 rounds from the second story of his home, striking neighboring homes. He advised the ARV was used in this incident to evacuate neighbors and the City of Livermore assisted with its ARV. He advised this incident shows how the PPD needs to have equipment ready for immediate deployment. He noted AB 481 requires a policy to request to borrow equipment from other agencies.
Lt. Stocking reported as part of its AB 481 compliance, the PPD will produce a required annual report to the Council during its regular bi-annual update, and hold a community engagement meeting every February. He reported the proposed policy and equipment inventory was presented to the PPD' s Community Advisory Board on May 24 receiving unanimous support. He reported staff recommends introducing and waiving the first reading of the ordinance.
In response to Councilmember Arkin, Chief Swing clarified the military equipment policy does not prescribe when the equipment can be used but rather other PPD policies govern those and many are cited in the military equipment policy. He advised there are also state laws governing the use of force regulating when and how such equipment may be used.
In response to Councilmember Arkin, Chief Swing reported that the PPD is also requesting permission to acquire 25 new 40- millimeter platforms to replace existing platforms for less lethal projectiles. He confirmed the request would replace old equipment.
In response to Councilmember Arkin, Chief Swing advised it would be difficult to identify when every item on the list has been used. He explained the goal is to not use any of the equipment on the list and deploying some of the equipment helps the PPD accomplish the goal of not deploying other items.
In response to Councilmember Arkin, Chief Swing reported he does not have lists from other cities but estimated 75- 100% of items on Pleasanton' s list can also be found on lists of similar cities.
In response to Councilmember Arkin, Chief Swing explained in a situation where mutual aid is anticipated or required, the first call from the PPD would go to the Alameda County Sherriff' s office which would respond to help the PPD maintain peace. He advised if the policy is not passed and the Sherriff' s office cannot bring equipment they have been trained with, they will not come to assist. He explained the item is also about the ability of the PPD to request assistance from other agencies if necessary. Lt. Stocking advised if an ordinance is not approved the PPD would have to stop using all of the equipment on the list.
In response to Councilmember Arkin, City Attorney Dan Sodergren confirmed the ordinance as presented complies with AB 481.
City Council Minutes Page 7 of 11 June 7, 2022
In response to Councilmember Narum, Chief Swing clarified the Community Advisory Board' s role is to provide input. He advised the Board serves only to advise and noted their input on the matter was supportive.
In response to Councilmember Narum, Chief Swing confirmed that 709.5.d would give the PPD the ability to request assistance without seeking additional approval. He advised if equipment not on the list is sought through the request for assistance, the PPD would first have to get approval for the items. He confirmed that 709. 5. d will allow the PPD to collaborate with other agencies in times of need.
In response to Councilmember Narum, Lt. Stocking clarified the definition of " elevated" risk means there are facts to support the situation being riskier than usualthat requires facts.
In response to Councilmember Narum, Lt. Stocking advised he does not recall chemical agents being used in Pleasanton during his 12 years with the PPD, but they have been used when assisting other agencies in only a handful of instances. He confirmed they are only deployed at the direction of an incident commander.
In response to Councilmember Narum, Lt. Stocking stated the 1033 military surplus program began in the 1990s and confirmed the PPD has never purchased former United States military equipment through it. He confirmed the PPD has no intention to do so.
In response to Councilmember Narum, Chief Swing confirmed the 25 new platforms are in the FY 22- 23 budget.
Councilmember Narum requested the PPD make the equipment list easier to find on its website. City Manager Beaudin confirmed this can be done and advised the City is in the process of working to improve its website.
Councilmember Testa agreed the information is difficult to find on the website.
In response to Councilmember Testa, City Attorney Sodergren confirmed the passage from AB 481 recited by Councilmember Testa refers to the City Council as the oversight body. He confirmed in the definition section of the City' s policy the City Council is defined as being the governing body.
In response to Councilmember Testa, Chief Swing confirmed there is no requirement in AB 481 to report the use of the equipment to the Department of Justice. He clarified the usage of the equipment is required by AB 481 to be presented in an annual report which the PPD will bring to the Council in March and present at a February community meeting.
In response to Councilmember Testa, Lt. Stocking clarified how the PPD will add chemical weapons and kinetic impact devices to sections of its policy manual. He clarified that PPD Policy 308 involves controlled devices and lists procedures for the usage of batons, tear gas, and kinetic impact devices.
City Attorney Sodergren clarified there is recent legislation dealing with the use of such equipment in crowd control so the PPD must comply with Policy 300, Policy 308, and State law when using it. He clarified all state law requirements are not in City policy guides due to the length. He advised the City is aware of the new requirements and they will be followed. He explained the City cannot codify every State law in its local policies but the policy guides acknowledge State laws will be followed.
In response to Councilmember Testa, Chief Swing advised that ARVs at events such as National Night Out start great ice- breaking conversations for youth in particular. He explained the ARV helps the PPD connect with the community in public event settings. Councilmember Testa reported having the ARV at community events makes people uncomfortable and requested community discussion.
City Council Minutes Page 8 of 11 June 7, 2022
In response to Mayor Brown, Lt. Stocking clarified the ARV does not have a bottom hatch but it can be positioned to allow an injured person to be loaded from the rear. He also confirmed the PPD does not have a drone but will occasionally use the County Sherriff' s drones.
In response to Mayor Brown, Chief Swing confirmed some of the equipment is used in regular training exercises. He also confirmed the PPD' s goal is to find the safest least- intrusive ways to take suspects into custody. He gave an example of bean bags as less lethal methods of apprehension.
Mayor Brown opened the public hearing
Henry Vogt opposed the ordinance and expressed his opposition to the use of military equipment in a civilian setting. He advised military equipment does not reduce crime or protect officers but rather increases violence. He explained the language around permissible usage is ambiguous and does not instill confidence it will be used properly.
John Lindsay-Poland reported militarization has already occurred and been normalized. He advised the City has a less than average violent crime rate and a higher than average rate of officer-involved deaths. He discussed AB 481 clarifying what is an appropriate use of chemical agents and kinetic impact devices and is not included in Policy 308.
Mayor Brown closed the public hearing.
Councilmember Testa advised Mr. Lindsay- Poland' s comments are compelling and concerning. She called for Policy 308 to incorporate language from AB 481 to ensure compliance.
City Attorney Sodergren reported Policy 308 mentions the use of chemical agents and kinetic impact devices are governed in part by state law. He recommended including the citations to the specific penal codes and not the entire language because otherwise, the policy would become too lengthy.
Mayor Brown agreed and advised it would be easier to find the relevant codes this way than with no citation.
Councilmember Testa advised she would appreciate adding at least references to applicable penal codes.
In response to Councilmember Arkin, Lt. Stocking clarified page six of the staff report discusses the purchase of the 25 new 40- millimeter impact launchers to replace shotgun and beanbag rounds.
Councilmember Arkin reported she would like to see information on how regularly the equipment is used. She also noted statistics like those cited by Mr. Vogt would be helpful to know. She questioned if they will be discussing instances where deployment is either appropriate or inappropriate.
City Manager Beaudin clarified the matter of when not to use the equipment is abstract and removes real- world situations. He encouraged solid use policies like those presently existing and relying on the mandatory annual reports from there to show how frequently or effectively the equipment is deployed.
In response to Councilmember Arkin, City Attorney Sodergren confirmed staff will reference the relevant penal code sections in the policy.
Councilmember Arkin called for not using the ARV as a promotional tool around children.
Mayor Brown advised she is uncomfortable because the PPD may not be able to defend the community without the right tools. She expressed hopes the equipment is never used. She questioned what the City would do if faced with a catastrophic situation without the equipment and inability to request help City Council Minutes Page 9 of 11 June 7, 2022
from neighboring cities. She explained thatt PPD is advising that this is what they need to keep the community safe and she trusts the PPD.
Councilmember Narum expressed a similar discomfort. She advised it is essential for the PPD to plan for the worst case, also citing a large number of mass shootings nationally and noted Pleasanton is not immune from the risk. She advised officers need to be trained and equipped to handle a situation like those and hope they never have to use the equipment. She noted Pleasanton prides itself on safety and the City Council must continue to support community and officer safety.
Councilmember Narum advised the City has not participated in the 1033 program and heard tonight there is no intention of participating. She noted she would have a problem with the PPD participating.
Councilmember Testa clarified she agreed it has value and when used in appropriate conditions.
Councilmember Arkin moved to approve the staff' s recommendation with the addition of citing penal codes and direction to staff to bring usage statistics to the second reading and for the equipment not to be used for promotional appearances involving children. Councilmember Testa seconded the motion.
In response to Mayor Brown, Councilmember Arkin clarified she would like to know how often the equipment is used. She advised it is transparent and adds to the City Council' s role prescribed by AB 481. She confirmed she wants the information as data.
Mayor Brown advised it is good to not use the equipment but have it available but it could be concerning if it is used too often.
In response to Councilmember Narum, Chief Swing cited the PPD Teen Academy, its open houses, and Coffee With A Cop where a speaker may be in a Special Weapons and Tactics ( SWAT) uniform in regards to the promotional component of the motion. He advised any police car may have some of the items therfore prohibiting it from being part of a school safety presentation.
Councilmember Arkin suggested it could exclude items within a standard police vehicle.
Councilmember Narum expressed concerns about events like National Night Out where children take interest in police work.
In response to Councilmember Narum, Councilmember Arkin amended her motion to have staff return with options for promotional uses around children.
City Manager Beaudin noted the earlier conversation was concerning the ARV but it leveled up to all military equipment. He explained the entire list is more than the ARV ( Ballistic Armored Tactical Transport ( BATT)). He requested direction on how expansive the direction in the motion would be.
Mayor Brown and Councilmember Narum noted that unmanned vehicles and robots could be fun for kids.
Councilmember Narum advised she would like the PPD to think about the list and the context of the reasoning behind the direction.
Councilmember Testa noted there should be some discretion around exposing children to rifles and the BATT.
Councilmember Arkin noted there could be a rifle in a police car which would make the entire car off limits to a kid. She clarified staff can work on it and come back with options.
City Council Minutes Page 10 of 11 June 7, 2022
Councilmember Testa agreed to the amendment with the understanding the BATT is a focus.
MOTION: It was m/s by Arkin/Testa to introduce and waive the first reading of Ordinance No. 2238 with the addition of citations to applicable penal code sections and directing staff to return with military equipment usage data and options for restrictions against using military equipment in promotional events involving children. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Narum, Testa, Mayor Brown Noes: None
Absent: Councilmember Balch
MATTERS INITIATED BY COUNCIL
Councilmember Narum requested a memo on downtown parkiets, including how many are currently under construction and how many permits have been requested. She noted there are fewer than she expected. Mayor Brown expressed support.
Councilmember Arkin requested an update on leaf blowers and the heritage tree ordinance. City Attorney Sodergren inquired about Council consensus to bring back the ordinance for a general discussion. The Council agreed.
COUNCIL REPORTS: Brief reports on conferences, seminars, and meetings attended by the Council Councilmember Narum reported attending an EBCE Board meeting, subcommittee meeting on the Council rules and procedures, Council budget workshop, and a Livermore Amador Valley Transit Authority ( LAVTA) meeting and noted Pleasanton' s ridership levels are close to normal.
Councilmember Arkin reported attending a California League of Cities ( Cal Cities) Division meeting and Council budget workshop.
Councilmember Testa reported attending Alameda County Supervisor Nathan Miley' s State of the County address and the Cal Cities Division meeting.
Mayor Brown gave a brief preview of upcoming Fourth of July activities. She reported speaking at the Memorial Day service, noting that recently- passed veteran and former Mayor Jerry Thorne was recognized at the event.
ADJOURNMENT
Mayor Brown adjourned the regular meeting at 9:46 p.m.
Respectfully submitted,
4lo
Clerk
City Council Minutes Page 11 of 11 June 7, 2022