CITY OF PLEASANTON
MEETING MINUTES
June 21, 2022
This meeting was conducted in accordance with Governor Newsom' s Executive Order N- 29- 20 and AB 361 COVID- 19 pandemic protocols.
GEOLOGIC HAZARD ABATEMENT DISTRICTS - SPECIAL MEETING
Chair Brown called the special meeting of the Board of Geologic Hazard Abatement District (GHAD) from the Council Chamber located at 200 Old Bernal and via Zoom to order at the hour of 6: 50 p. m.
ROLL CALL
Present: Boardmembers Arkin, Balch, Narum, Testa, Chair Brown
Absent: None
PUBLIC COMMENT — None.
CONSENT CALENDAR
1. Public Hearing — Adopted and waived the full reading of GHAD Resolution No. 22-129 Laurel Creek Estates, Resolution No. 22- 130 Moller Ranch, Resolution No. 22- 131 Lemoine Ranch Estates, Resolution No. 22- 132 Oak Tree Farm approving the annual assessments for the Geologic Hazard Abatement Districts
MOTION: It was m/s by Narum/ Arkin to approve the Consent Calendar as submitted. Motion passed by the following vote:
Ayes: Boardmembers Arkin, Balch, Narum, Testa, Chair Brown Noes: None
Absent: None
ADJOURNMENT
Chair Brown adjourned the meeting at 6: 54 p. m.
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 Balch led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown
Absent: None
AGENDA AMENDMENTS
City Manager Gerry Beaudin stated staff is continuing Item 11 and moved Item 8 as Item 30 due to its connection to the Fiscal Year 2022/ 23 budget.
Councilmember Balch pulled Item 25. making it Item 31.
Councilmember Arkin pulled Item 24, making it Item 32.
CONSENT CALENDAR
Mayor Brown opened the public hearing.
Jennifer Duffy of Hello Housing commented that Item 3 is a great and innovative use of Measure Al funds and supports the project.
Mayor Brown closed the public hearing.
Councilmember Arkin moved to approve the balance of the Consent Calendar. Councilmember Testa seconded the motion.
CouncilmemberBalch echoed comments from a previous discussion about the insolvency of Landscape Maintenance Districts (Item 10) and encouraged staff to find a long-term solution.
In response to Councilmember Narum, City Manager Beaudin clarified the Memorandum of Understanding (MOU) in Item6 is designedto createa partnershipand it is his understandingit would not precludediscussionof includingothergroupssuchas SunflowerHillor the 4-H Clubfrom usingthe facility. Director of Community Development Ellen Clark clarified the MOU is for the Master Gardeners but she does not believe it precludes other groups from participating. Management Analyst Jennifer Milleragreedthe MOUdoesnot precludeothergroupsfrom usingthe site. She confirmedthe Cityhas had discussions with Sunflower Hill about potentially using a portion of the site.
MayorBrownreportedshehas spokento a MasterGardenerwho hasconfirmedthey areworkingwith Sunflower Hill.
CouncilmemberNarumechoedCouncilmemberBalch's on Item 10 in encouragingstaffto considerthe long-term fiscal sustainabilityof the LandscapeMaintenanceDistrictsand to stopjust kickingthe can down the road relative to the districts' deficits.
City Attorney
1. Introduced and waived the first reading of Ordinance No. 2239 Omnibus Ordinance to amend the Municipal Code regarding administrative citation procedures, administration and personnel, business license appeals, animals, parking, activities in parks, meter testing, and Titles 17 and 18 Planning and Zoning, and waive first reading; adopted and waived full reading for Resolution No. 22-1301 amending Master Fee Schedule regarding water meters City Manager
2. Adopted and waived full reading for Resolution No. 22-1302 calling a General Municipal Election to be held Tuesday, November 8, 2022, for the purpose of electing a Mayor for a two-year term and two members of the City Council from Districts 1 and 3, each for a four- year term; a Resolution No. 22-1303 requesting that the County of Alameda Board of Supervisors consent to consolidation of the General Municipal Election with the Statewide General Election; and Resolution No. 22- 1304 adopting regulations pertaining to the submission of candidate statements
3. Adopted and waived full reading for Resolution No. 22-1305 authorizing allocation of $552,772 of the City of Pleasanton's share of Alameda County Measure Al Housing bond funds to Tri-Valley REACH, a California non-profit, to provide assistance in the construction of two accessory City Council Minutes Page 2 of 18 June 21, 2022
dwelling units ( ADUs), to provide affordable housing to four additional residents with developmental disabilities, and authorize the City Manager, or designee, to execute and deliver such other instruments and to take such other actions as necessary to carry out the intent of this resolution.
4. Approved an agreement with Office Depot for centralized purchase of citywide office supplies and paper in compliance with State law SB 1383 for the amount not- to- exceed $ 300, 000 for an initial two- year term with the option to extend the agreement for three one- year terms
5. Approved Goods Services agreements with Ogden Costa Creative Group, Jennifer Hines Design, Tom Kane Design, and Uptown Studios to provide on- call graphic design services for three years effective July1, 2022, through June 30, 2025, with up to two additional one- year extensions, for a not to exceed $ 540, 000 aggregate ( cumulative across the four agreements) and authorize the City Manager to execute the initial three- year agreements.
Community Development
6. Approved the Memorandum of Understanding between the City of Pleasanton and the Regents of the University of California ( UC) and authorize the City Manager to execute the MOU, including amendments necessary to refine operational and other details of the MOU as development and management of the Master Gardener Demonstration Garden at the Bernal Community Farm site begins; authorize the initial limited use of the site by the Master Gardeners for cover crop installation and maintenance, including authorizing use of up to $ 75, 000 of the current $ 350, 000 allocation in CIP No. 20772 ( Design Phase 1 of Bernal Coummunity Farm Project) for necessary work in support of the initial limited use of the site by Master Gardeners for cover installation Phase 0).
7. Approved the actions of the Zoning Administrator and Planning Commission Engineering
8. Pulled for further discussion as Item 29 - Approve plans and specifications, review bids, and award a construction contract to Argo Construction, Inc. in the amount of $ 2, 249, 020 for the Library Roof Replacement Project, CIP No. 14408
9. Adopted and waived full reading for Resolution No. 22- 1306 amending the Fiscal Year 22/ 23 Budget to incorporate a list of projects funded by Senate Bill 1, the Road Repair and Accountability Act of 2017
10. Public Hearing — Received comments regarding the levy of annual assessments for each of the Landscape Maintenance Districts and adopted Resolution No. 22- 1307, 22- 1308, 22- 1309, 22- 1310, 22- 1311 approving the engineer' s report and the 2022/ 23 annual levy and collection of assessments 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); and appropriate $ 11,560 from the applicable City Funds ( General Fund, Water Fund and Sewer Fund) to the respective Landscape Maintenance Districts.
11. Item Continued - Public Hearing — Approve the Traffic Mitigation Measures Improvement Plans for the Johnson Drive Economic Development Zone, review the final cost estimate for the Traffic Mitigation Measures, approve amendment one to the Transportation Improvement and Cost Allocation Agreement, and approve six purchase agreements to acquire the public right- of- way necessary to construct the traffic mitigation measures
Finance
City Council Minutes Page 3 of 18 June 21, 2022
12. Accepted the monthly claim disbursements in the amount of$ 12,317, 187, and the investment report for the month of April 2022
13. Adopted and waived full reading for Resolution No. 22- 1312 approving the FY 2022/ 23 Investment Policy and Guidelines of the City of Pleasanton
14. Approved and authorized the issuance of Recurring Purchase Order Agreements ( RPOA) to vendors and amounts up to those listed on the FY 2022/ 23 ROPA list
15. Adopted and waived full reading for Resolution No. 22-1313 adopting the FY 2022/ 23 Appropriations Limit of$ 786, 407. 036
16. Approved an amendment with Robert Half international, Inc. and authorized the City Manager to amend the original purchase order for up to $ 200, 000 for temporary staffing services.
Fire
17. Adopted and waived full reading for Resolution No. 22-1314 authorizing the City Manager to sign a five year agreementwith AlamedaCountyFire Departmentfor dispatchservicesfrom July 1, 2022 and ending June 30, 2027
Human Resources
18. Adopted and waived full reading for Resolution No. 22-1315 approving amendments to the temporary, part-time/ seasonal classification salary structure Information Technology
19. Approve the contract amendment to the software and services agreement with Tyler Technologies, for the Integrated Public Safety Information System ( IPSIS) and all associated software services, in the amount not to exceed $ 564, 149 for the next two years. This includes a 10 percent contingency for unanticipated additional maintenance and service fees and authorize the City Manager to approve and execute amendments to the agreement in the case of changes to the City' s needs, including but not limited to additional software and services Library and Recreation
20. Approved fourth amendment to the agreement with Preservation Arts in the amount not to exceed 60, 000 for public art maintenance
21. Approved a Professional Services Agreeement with JSI Research and Training Institute, Inc. in the amount not to exceed $ 234, 467 for the completion of an update to a Human Services Needs Assessment for Eastern Alameda County ( Dublin, Livermore and Pleasanton)
22. Public Hearing — Adopted and waived full reading for Resolution No. 22- 1316 updating the Master Fee Schedule and Fee Policy for Recreation programs, services and classes Operations Services
23. Approved the continuation of local drought emergency City Council Minutes Page 4 of 18 June 21, 2022
24. Pulled for further discussion as Item 32 - Approve agreement between the City of Pleasanton, City of Livermore, and Dublin San Ramon Services District for the construction and operation of a temporary joint residential recycled water fill station and authorize $ 160, 500 for project expenses Police
25. Pulled for further discussion as Item 31 - Adopt and waive second reading of Ordinance No. 2238 approving the Pleasanton Police Department' s Military Equipment Use Policy and Equipment List pursuant to requirements of AB 481
MOTION: It was m/ s by Arkin/ Testa to approve the Consent Calendar as submitted except for Items 8, 11, 24, and 25 which were removed or pulled for further discussion under public hearings and other matters. Motion passed by the following vote:
Ayes: Members Arkin, Balch, Narum, Testa, Chair Brown
Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
26. Presentation of a Proclamation recognizing June 2022 as Elder Abuse Awareness Month.
Councilmember Balch read the proclamation. It was received by Jennifer Pardini, Community Education Coordinator at Legal Assistance for Seniors, and thanked the City Council for its proclamation recognizing the issue of elder abuse.
27. Public Comment regarding items not listed on the agenda — Speakers are limited to 3 minutes.
Andrew Lambert encouraged the City Council to make the skatepark a reality in a timely manner. He encouraged the City Council to consider what projects are the most heavily demanded by residents and expressed disappointment on behalf of the skate park' s advocates due to the delays. He expressed belief the City Council will make the skatepark happen sooner rather than later.
In response to Mayor Brown, City Manager Beaudin confirmed the Council has approved a contract allowing the skatepark design work to continue. He advised what is being currently discussed is how much money to set aside for construction. He explained the City cannot fund all of it at the moment but is keeping the project moving forward.
In response to Mayor Brown, Director of Engineering Steve Kirkpatrick confirmed the design contract was approved at the June 7, 2022 City Council meeting. He stated it should take slightly under a year to have a final design ready for construction bids.
PUBLIC HEARINGS AND OTHER MATTERS
If necessary to ensure completion of the following items, the Mayor may alter time limits.
28. Adopt Resolution No. 22- 1317 to approve rates for solid waste, recyclable materials, and organic materials collection for Fiscal Year 2022/ 2023
Assistant to the City Manager Becky Hopkins reported the rate would become effective on July 1, 2022.
She reported the Franchise Agreement with Pleasanton Garbage Service ( PGS) calls for a rate increase of 5. 8% for this fifth year of the agreement through an index- based rate adjustment mechanism. She noted the fuel expenses have risen substantially over the past year along with other smaller increases in labor and other applicable indexes.
City Council Minutes Page 5 of 18 June 21. 2022
Assistant to the City Manager Hopkins advised there are additional expenses this year related to the implementation of Senate Bill ( SB) 1383. She reported PGS has agreed to conduct the law' s required contamination monitoring at an annual cost of $ 37, 178. Staff does not recommend approving proposed additional fees for an extra waste container or a locking charge but does recommend approval of PGS's request to add items to the special service rates list.
Assistant to the City Manager Hopkins compared rate period four with the proposed expenses for period five with an expectation of a $ 1, 728, 911 shortfall leading to the 5. 8% rate increase. She reported on how those would look on both residential and commercial bills.
Assistant to the City Manager Hopkins reported neither the City Council's Waste and Recycling Subcommittee nor does staff recommend rate smoothing, but it is an option for Council consideration as a one- time usage of reserve funds.
HF&H consultant Senior Project Manager Dave Hilton stated the challenge with rate smoothing is it is only a one-time buy down of the rate increase. He noted the operating costs covered by a potential rate smoothing payment would still be added to bills next year if there is not another rate smoothing payment. He reported the potential decreases to a residential customer's FY 22/23 rates using a variety of potential payments from the reserve fund at increments up to $ 790, 000 creating only a 3% increase and saving 35- gallon barrel users 77 cents a month and 96- gallon barrel users $ 1. 35 a month. He noted the base rate in year six ( FY 23/ 24) will still apply regardless of what the Council would potentially buy down for year five ( FY 22/ 23). He noted there will be another index- based rate adjustment for year six on top of the current year's higher base rate, leading to an even more dramatic rate increase for customers through compounding.
In response to Councilmember Arkin, Assistant to the City Manager Hopkins clarified the Reserve Fund is being used for City- related SB 1383 implementation costs and not PGS' s implementation costs. She also confirmed there will be no additional charge to residents for composting.
In response to Councilmember Balch, Assistant to the City Manager Hopkins stated staff is working with PGS and looking forward to years six and seven on securing a processing facility for commercial organic material as the current facility does not have the proper State certificate. The new facility will lead to a rate increase and it will be brought to Council once the costs are known. She estimated the cost at $ 250, 000. She advised staff and PGS have agreed on an additional organics collection route leading to the purchase of a new vehicle and hiring its staff. She reported there will also be a one-time cost of about $ 500, 000 to ensure all commercial customers have properly color- coded bins to meet SB 1383 mandates. She advised cameras will be added to the collection vehicles to help enforce proper sorting of waste by residents but noted these costs have not yet been finalized. She explained all one- time costs can either be added to future rates or covered by the Reserve Fund. She noted the Consumer Price Index ( CPI) is anticipated to be similar to this past year leading to another rate increase for residents in FY 23/ 24. She noted year seven ( FY 24/ 25) will see a cost- based rate increase and it could potentially be a very high increase.
In response to Councilmember Narum, Assistant to the City Manager Hopkins clarified approving the
5. 8% increase is not optional as it is a contractual agreement and the City' s consultants have found it to be in line with the applicable indexes.
In response to Councilmember Narum, Assistant to the City Manager Hopkins clarified residents will still be allowed three bulk item pickups annually.
In response to Councilmember Narum, Assistant to the City Manager Hopkins confirmed HF& H validated PGS' s figures leading to the rate increase.
City Council Minutes Page 6 of 18 June 21, 2022
In response to Councilmember Narum, Assistant to the City Manager Hopkins reported staff has recently hired a consultant to help navigate the City through SB 1383 implementation with every part of the action plan completed except for the enforcement component and the future outreach and educational plan.
In response to Councilmember Narum, Assistant to the City Manager Hopkins confirmed the purchase of the cameras would be considered a one- time expense but there would be a per- truck annual fee for the software.
In response to Councilmember Testa, Assistant to the City Manager Hopkins confirmed the buyback center is not a City- run program but rather one run by the State. She advised a buyback center is not a requirement of the Franchise Agreement with PGS. She confirmed it was never a City- run program or one covered by the Franchise Agreement.
In response to Mayor Brown, Mr. Hilton confirmed PGS uses both natural gas and diesel- powered vehicles.
In response to Mayor Brown, Assistant to the City Manager Hopkins noted there is a monthly meeting among staff from the five Tri-Valley communities to share ideas. She advised they all hold separate Franchise Agreements with waste collectors but share ideas on how to implement SB 1383, including the concept of vehicular cameras. She noted there is guidance in the regulations about potential enforcement measures. She noted that StopWaste will be handling the bulk of the City' s commercial enforcement and staff will have to primarily handle residential enforcement starting in 2024. She added the City will be doing assessments and fines come after a series of notices and educational measures.
Mayor Brown opened the public hearing.
Gordon Galvan stated PGS agrees with the staff report and rate adjustment. He added the rates will be in line with neighboring communities. He encouraged the City Council to adopt the resolution.
Mayor Brown closed the public hearing.
Councilmember Balch stated SB 1383 is the focus of StopWaste as the State thinks long- term about landfills reaching their capacity. He noted there will be challenges to come relative to enforcement. He expressed concerns about the potentially large cost adjustment forthcoming in FY 24/ 25 and added if they try to smooth rates today it will only dig a hole through the remainder of the Franchise Agreement.
He expressed support for the staff recommendation and expressed appreciation for PGS' s transparency about costs incurred.
Councilmember Balch moved to approve the staff recommendation. Mayor Brown seconded the motion.
Councilmember Narum expressed her support for the motion. She stated she does not like raising rates, but the agreement needs to be honored. She noted the average cost to a resident is about $ 2. 50 to have each 35- gallon barrel emptied which seems reasonable with PGS' s cost to pick it up, haul it, and process the contents, including fuel and labor. She noted there is $ 3 million in the Reserve Fund and she has not heard plans for what to do with it. She does not support rate smoothing efforts because it only postpones the increase and makes it even larger in the future. She requested a list of one- time expenses the Reserve Fund can be used to help return the money to ratepayers.
Assistant to the City Manager Hopkins agreed to put a list of potential one- time expenses the Reserve Fund can cover in a memo for the City Council.
City Council Minutes Page 7 of 18 June 21, 2022
Councilmember Testa advised she also intended to ask for more information about possible one- time expenses the Reserve Funds can cover. She expressed support for the resolution.
Councilmember Arkin expressed support for the rate increase. She stated rate smoothing seems like a logical way to return the Reserve Fund's balance to ratepayers but expressed an understanding of the potentially large costs of SB 1383 implementation. She echoed Councilmember Narum' s request for a list of potential uses of the $ 3 million in the Reserve Fund.
MOTION: It was m/s by Balch/ Brown to approve the rates for solid waste, recyclable materials, and organic materials collection for Fiscal Year 2022/ 2023 as recommended and as noted. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
29. Adopt Resolution No. 22-1318 accepting the Fiscal Year 2022/23 Mid-Term Operating Budget and Capital Improvement Program
Interim Director of Finance Mahin Shah reported the Council held a Budget Workshop on May 31 and this update will focus on changes from that meeting. She reported an Operational Budget change was using $ 2 million from Rainy Day Fund reserves for the Century House Facility Repair Project, and two CapitalImprovementProgram (CIP) changeswereincreasingthe CenturyHouseprojectto $4.6 million and reducing the skatepark project to $ 2 million. She reported the CIP changes were made. She advised the Library Roof Replacement Project bids were significantly lower than expected so the $ 2 millionfrom the Rainy Day Fundfor the CenturyHousewill insteadcome out of the library project's budget.
InterimDirectorof FinanceShah requestedthe City Councilapproveboth the OperatingBudgetand CIP. She presented a list of line item changes to the CIP from the May 31 workshop.
Interim Director of Finance Shah reported the current proposed budget has General Fund reserves of
41. 0 million, equating to 30. 7% of the operating budget. She advised the goal is to have this sum maximized at 30% ($ 40 million for FY 22/ 23) with a target of 25% ($ 33. 4 million for FY 22/ 23). Staff recommends putting at least the $ 1 million excess into either a specific project or the CIP reserves for emerging or unforeseen needs during the year.
In response to Councilmember Narum, Interim Director of Finance Shah clarified staff does not recommend taking money from the Rainy Day Fund but there are a few alternatives if the Council wishes to go in a different direction. She clarified if you calculate the reserve based on the proposed budget the reserve will be 29. 8%.
In responseto CouncilmemberBalch, InterimDirectorof FinanceShahclarifiedthe bidsforthe library's roof came in the day after the Workshop. Director of Engineering Kirkpatrick clarified the bid was similar to the City's estimate. He advised the estimate from the consultant seemed extremely high to him but was validated by a second consultant. He reported the bids came in on June 1 and aligned with the City' s lower estimate.
In response to Mayor Brown, Director of Engineering Kirkpatrick clarified the job scope grew over time and advised it is good news the project will cost $2 million less than expected by two consultants.
In response to Councilmember Balch, Interim Director of Finance Shah stated the City's operational reserve policy is for a range from 20- 30% with a goal of 25%. She confirmed the lower end of such a scale is typically set around an estimate of three months' worth of operating costs.
City Council Minutes Page 8 of 18 June 21, 2022
In response to Councilmember Balch, Interim Director of Finance Shah confirmed staff recommends not adjusting money in the Rainy Day Fund.
In response to Mayor Brown, Interim Director of Finance Shah confirmed the City has been meeting its reserve goals over the past few years. She noted the City typically ends up with a clean audit annually.
In response to Mayor Brown, Interim Director of Finance Shah confirmed the new fire alarms and generator added to the CIP by staff were included in the May 31 presentation at a combined cost of
1. 4 million.
Mayor Brown opened the public hearing. There being no speakers, the public hearing was closed.
In response to Councilmember Arkin, Interim Director of Finance Shah confirmed the City' s goal is to have a minimum reserve of 20%, a maximum reserve of 30%, and a target reserve of 25%. She confirmed from the May 31 workshop there is 29. 2% in reserve.
Councilmember Arkin stated having a 29. 2% reserve is fiscal responsibility. She stated changing the policy could be a future discussion but does not change anything today.
Councilmember Arkin moved to approve the Mid-Term Operating Budget and CIP with an additional allocation of$ 1 million towards the skatepark. Councilmember Testa seconded the motion.
Councilmember Narum stated prior Councils have demonstrated their fiscal conservation and it is what Pleasanton is built upon. She noted inflation and interest rates are rising and expenses will increase with them.
Councilmember Narum made a substitute motion to approve the Mid- Term Operating Budget and CIP and not take any money from reserves. She advised there are no economic indicators denying rough times are ahead.
Councilmember Balch seconded the substitute motion. He advised if the current budget showed an additional $ 10 million in costs the reserve would still be deemed sufficient based on policy. He acknowledged the proposed reserve is at the high end of the range but noted they are still facing continued impacts from the pandemic and businesses will need to start to repay loans whenever the Emergency Order is lifted. He advised inflation is being felt all over and noted the City will be taking out some debt on a per- and polyfluoroalkyl substances ( PFAS) treatment plant in a period of rising interest rates. He stated reducing the reserve for any CIP project is not in the City' s best interests. He advised the original motion would accelerate the reduction of reserves in a period of great uncertainty.
SUBSTITUTE MOTION: It was m/s by Narum/ Balch to approve the Mid- Term Operating Budget and Capital Improvement Program as recommended by staff and not allocate additional funds from the reserve account. Motion failed by the following vote:
Ayes: Councilmembers Balch, Narum
Noes: Councilmembers Arkin, Testa, Mayor Brown
Absent: None
In response to Councilmember Testa, Interim Director of Finance Shah confirmed the City had budget surpluses during the pandemic but noted the City received $ 8.6 million in federal relief funding and also had cost savings from closed programs. She stated the surplus in the FY 21/ 22 mid- year update was
5. 7 million.
City Council Minutes Page 9 of 18 June 21, 2022
In responseto CouncilmemberTesta, InterimDirectorof FinanceShah confirmedthe City will get an increased portion of gas tax when it is raised by the State but she could not confirm how much.
City Manager Beaudin stated larger decisions are typically reserved for the two-year budget process which includes a five-year look at the CIP. He noted the Mid-Term Budget is a healthy one with a good reservebecauseof the pre-planningthat occurred. He advisedthe nextfive years will bring pension challenges and other issues including ones mentioned by Councilmember Balch. He stated staff' s recommendationis to not usethe reserve, butaddedstaffdid providean alternativebecausethey are at the high end of the reserve.
In responseto CouncilmemberTesta, InterimDirectorof FinanceShahstatedthe City is expectingan increase of$ 1.6 million in Property Tax in FY 22/23.
In responseto CouncilmemberTesta, City ManagerBeaudinclarifiedthey cannotfully fund the CIP projects tonight without a dramatic shift as there are a lot of CIP projects not on the list and staff is providing an alternative where the reserve shifts by less than 1%.
CouncilmemberTestastatedthe requestsfromthe communityfor a newskateparkhavebeencoming for yearsandaddedthe Councilwantsto be responsiveto them. Shestatedtheyare not beingfiscally irresponsible.
In responseto CouncilmemberTesta, InterimDirectorof FinanceShahconfirmedthe RainyDay Fund was set up with the understanding the money would be used for capital projects if it is not needed for the pandemic.
Councilmember Arkin stated she does not disagree with many of the comments about the substitute motion. She stated they are facing uncertain times but added a maximum 30% reserve is fiscally prudent. She noted the difference between a reserve of 30. 7% and 30% is not a huge difference in the name of honoring a commitment made to the community with a project also on the Council's high priority list.
In response to Mayor Brown, Interim Director of Finance Shah confirmed the City received its second payment of American Rescue Plan Act funds on June 7. She confirmed it is incorporated in the FY 22/ 23 budget.
Mayor Brown stated that Pleasanton has always been known to be fiscally conservative and sound with a 30% maximum. She noted Mr. Lambert' s earlier point the skatepark dates back to a 2014 Master Planand the City is far behindschedulein buildingthe communityamenity. She notedthe City is still only partially funding it even with an additional $ 1 million allocation and added the $ 1 million will still be held in reserve. She added the City is careful in its finances and always receives excellent ratings from auditors. She expressed support for the main motion.
Councilmember Narum clarified the 2014 Master Plan called for a skatepark but noted there are other long-term projects still not completed such as the Lions Wayside Park bandstand and other improvements to the park. She stated they have to look at prioritizing the five-year CIP and noted there are always unexpected issues such as the new generator and fire alarms none of them knew about until it appeared in the May 31 workshop. She requested a more comprehensive look at prioritizing the CIP so they know how to keep things operating safely. She expressed discomfort with making this budgetary change mid- term and putting the skatepark amenity ahead of health and safety infrastructure.
Mayor Brown stated the City has a Sewer Enterprise Fund, a Water Enterprise Fund, and separate line items for roads and other maintenance. In response to Councilmember Arkin, Mayor Brown confirmed Lions Wayside Park was not included on the list of CIP projects to be funded in FY 22/ 23.
City Council Minutes Page 10 of 18 June 21, 2022
Councilmember Arkin stated the skatepark is what staff came up with as part of a recommendation with two viable options. She encouraged a focus on what the City Council is deciding tonight.
Councilmember Balch stated the dais has different CIP priorities and this is fine. He stated he will stick to his position of not wanting to reduce the reserves. He stated the prioritization of the CIP items needs to be addressed.
MOTION: It was m/s by Arkin/ Testa to approve the Mid- Term Operating Budget and Capital Improvement Program as recommended by staff and allocate $ 1 million to the skatepark. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Testa, Mayor Brown
Noes: Councilmembers Balch, Narum
Absent: None
30. Approve plans and specifications, review bids, and award a construction contract to Argo Construction, Inc. in the amount of $ 2,249, 020 for the Library Roof Replacement Project, CIP No. 14408
City Manager Beaudin clarified this would have been a Consent Calendar item except the budget had not yet been approved. He provided a very brief staff report.
In response to Councilmember Narum, City Manager Beaudin confirmed this does not include the lighting component. He confirmed staff will request approval for a contract for the lighting at some point in the future.
In response to Councilmember Balch, City Manager Beaudin confirmed the FY 22/ 23 budget would cover the costs.
Mayor Brown opened the public hearing. There being no speakers, Mayor Brown closed the public hearing.
Councilmember Narum moved to approve the item. Councilmember Testa seconded the motion.
MOTION: It was m/s by Narum/ Testa to approve the plans and specifications, review bids, and award a construction contract to Argo Construction, Inc. in the amount of $ 2, 249, 020 for the Library Roof Replacement Project, CIP No. 14408 as recommended by staff. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown recessed the meeting at 8:56 p.m. The meeting resumed at 9:02 p.m.
31. Adopt and waive second reading of Ordinance No. 2238 approving the Pleasanton Police Department' s Military Equipment Use Policy and Equipment List pursuant to requirements of AB 481.
City Manager Beaudin introduced the item.
Councilmember Balch reported he watched the discussion at the June 7 City Council meeting which he was unable to attend. He added he has since reviewed the items on the list in person at the Police Station.
City Council Minutes Page 11 of 18 June 21, 2022
In response to Councilmember Balch, PPD Chief David Swing clarified the policy does not prohibit the PPD from participating in events like National Night Out or displaying items on the list at certain events.
City Manager Beaudin clarified the proposed authorized usage section does not have clear direction on community or promotional events. He stated AB 481 was not designed to get into this level of detail as it focused on the approval of the equipment. He added many of the items on the list can be openly found in police cars across the City every day. He requested clarification on the promotional use of the ARV and robots at community events.
Mayor Brown opened the public hearing.
Doug Miller stated public safety is part of why he has lived in Pleasanton for 31 years. He expressed the State misrepresents much of the equipment as military equipment, particularly the items deemed less-than- lethal. He added most of the PPD' s rifles are publicly available and commercially sold. He stated the law' s military terminology is misleading and can lead to cities removing good options from the police. He encouraged the Council to approve the resolution.
Harjaap Singh stated the items on the list are dangerous to the City, particularly the Ballistic Armored Tactical Transport ( BATT). He added the crime rate is very low in Pleasanton and the items are not needed, particularly to show at community events like the Christmas Parade. He encouraged the Council not to allow the use of these weapons.
In response to Mayor Brown, Chief Swing clarified the ARV is only listed as a BATT due to the report' s required terminology and it is inaccurate to refer to the ARV as a tank. He stated it has a commercially sold Ford F- 550 chassis and not a track drive. He added the ARV does not have a mounted weapons system or shoot projectiles. He clarified it is a personnel carrier designed to rescue officers or community members who are in a dangerous situation.
In response to Councilmember Testa, Chief Swing clarified the manufacturer identifies the vehicle as a BATT but there are many different varieties of BATTs, and PPDs are identified as an ARV.
Nicholas Albert, President of the Pleasanton Police Officers Association ( PPOA), stated the PPOA is committed to keeping Pleasanton a safe place to live, work, and raise a family. He stated initial exposure to safety equipment like the ARV is ideally in a controlled environment. He stated events like National Night Out allow children to positively engage with officers and see the vehicle in a fun and educational setting.
Joel Liu stated he chose to raise his family in Pleasanton because of its safety and schools. He stated the PPD needs to have the proper tools to maintain public safety and the military equipment should not be removed from the PPD. He expressed hopes the PPD never needs to use the equipment but acknowledged random mass shootings happen and that the PPD has to have the right equipment to handle the situation.
Ryan Tujague, Vice President of the PPOA, noted his role in the PPD is community engagement and crime prevention. He noted that there have been incidents in Pleasanton where the ARV was utilized to save lives. He added that PUSD has specifically requested the ARV as part of safety demonstrations for school children and added it is the most requested vehicle to see at National Night Out. He stated the ARV is essential to the PPD' s community engagement efforts.
John Lindsay- Poland expressed concern the policy does not conform to AB 488 specifically regulating the use of force involving chemical agents for crowd control. He stated it is not referenced in either the policy or Section 308 of the Pleasanton Police Code. He added there are other ways to start City Council Minutes Page 12 of 18 June 21, 2022
conversations and engage children than through equipment designed for a violent situation. He noted the City of Oakland has a limitation on using its ARVs at community events.
Henry Vogt expressed disappointment the current version of the ordinance has not changed much relative to the PPD' s ability to use the ARV at community events. He added data does not show the equipment makes people safer and stated the equipment is disproportionately used against communities of color and can make people feel less safe. He encouraged the Council to oppose the ordinance.
Mayor Brown closed the public hearing.
Councilmember Balch stated many items on the PPD list are the less- lethal tool and it is necessary to provide officers with a less- lethal option while still maintaining their safety. He stated he is bothered by AB 481 inference that the less- lethal equipment is inappropriate, noting a shotgun shooting bean bags is deemed militaristic but a shotgun shooting live rounds is not.
Councilmember Balch reported seeing the PPD' s robot and questioned how a non-weaponized robot cannot be considered a good conversation starter in a robotics class. He expressed his support for allowing the PPD to display its robots at the Chief' s discretion. He added the Council cannot foresee every community engagement opportunity where the ARV and robots would be requested so it should be left to the discretion of the Chief what is appropriate.
In response to Councilmember Balch, City Attorney Dan Sodergren suggested language for a motion would be to allow the display of the ARV and robots at community and City- sponsored events at the discretion of the Chief of Police.
Councilmember Balch moved to adopt the ordinance with an amendment to allow for the display of the ARV and robots at community and City- sponsored events at the discretion of the Chief of Police.
Councilmember Narum seconded the motion.
Councilmember Arkin thanked Chief Swing and Captain Larry Cox for showing her the equipment in person. She acknowledged she brought up the issue at the last meeting about exposing children to certain items. She added, that after seeing the equipment, her only concern is with the ARV. She stated she does not have an issue with the robots and knows the PPD is not showing guns to children. She noted the unanimous vote to move the item forward at the first reading was done with the understanding language about the ARV' s community outreach use around children would be presented at this second reading.
Councilmember Arkin stated the PPD has many opportunities for positive community engagement and expressed support for using patrol cars, robots, K-9s, and other items with young children. She stated the ARV is not necessary. She expressed confidence in the PPD' s annual reports.
In response to Councilmember Narum, City Attorney Sodergren noted places where relevant provisions from AB 481 have been added to the PPD' s policies as per discussions at the last meeting.
Councilmember Narum thanked the PPD for letting her see the equipment in person. She stated the Chief should have discretion over ARV and robot use at public events. She stated she trusts the Chief' s judgment in how to achieve objectives such as recruiting, education, and public relations. She added hiding the equipment from the public is not transparent. She noted the ARV is a tool to keep residents and officers safe. She stated she supports the language in Councilmember Balch' s motion and noted it can always be reviewed at the next PPD military equipment usage update.
Councilmember Testa thanked the PPD for the equipment tour, noting she was familiar with much of it from participating in the Citizens Police Academy. She reported they have received many emails from City Council Minutes Page 13 of 18 June 21, 2022
the community in opposition to how the BATT is used, stating it is an uncomfortable sight and it should not be normal to see it on City streets. She expressed concerns about many promotional appearances where the ARV has been used, including Shop with a Cop. She expressed varying degrees of comfort with the other equipment on the list but specifically the use of the ARV around children.
Mayor Brown agreed with Officer Albert' s comments and stated she looks at the ARV as a safe haven for someone in a dangerous situation. She stated the ARV is not a tank and stated it can save children if there is an active shooter in a classroom. She expressed support for the ARV being at community events. She stated they need to desensitize children if they are afraid of the ARV so they know the ARV and an officer in full gear is there to help them. She expressed support for the motion.
Councilmember Arkin noted the State is giving the Council oversight of military equipment and putting the ARV use at the discretion of the Chief is not what they are being mandated to do. She clarified she is fine with the PPD having the ARV available to use but her concern is with desensitizing young children to violence. She stated just exempting the ARV and not all of the equipment on the list is reasonable.
Councilmember Arkin requested the motion be bifurcated with the ordinance in one motion and the ARV usage in a separate motion.
City Attorney Sodergren stated if the ordinance is changed after the first reading, it reverts this hearing to the first reading and the ordinance would return to a future Consent Calendar for another second reading. He clarified if the motion is approved, there would have to be another second reading.
Councilmember Balch clarified Councilmember Arkin' s request is to bifurcate the ARV language from the ordinance.
Councilmember Balch requested Chief Swing include a report on the ARV's community event usage in future Council updates.
Councilmember Testa expressed appreciation for the bifurcation.
MOTION: It was m/s by Balch/ Narum to amend Ordinance No. 2238 approving the Pleasanton Police Department's Military Equipment Use Policy and Equipment List pursuant to requirements of AB 481 with an amendment to add the following language to the end of the Purpose/Authorized Uses" sections in the Military Equipment Inventory for the Robotex Avatar III Robot and the Recon Robotics Throwbot 2 Robot contained in Exhibit A of the Ordinance excludes use of Armored Rescue Vehicle): " The Chief of Police may authorize the use at community events and city- sponsored events." Motion passed by the following vote:
Ayes: Councilmembers Balch, Arkin, Narum, Testa, Mayor Brown Noes: None
Absent: None
MOTION: It was m/s Balch/ Narum to amend Ordinance No. 2238 approving the Pleasanton Police Department' s Military Equipment Use Policy and Equipment List pursuant to requirements of AB 481 with amendment to add the following language to the end of the " Purpose/ Authorized Uses" section in the Military Equipment Inventory for the Armored Rescue Vehicle ( ARV) contained in Exhibit A of the Ordinance: " The Chief of Police may authorize the use at community events and city- sponsored events." Motion passed by the following vote:
Ayes: Councilmembers Balch, Narum, Mayor Brown
Noes: Councilmembers Arkin, Testa
Absent: None
City Council Minutes Page 14 of 18 June 21, 2022
32. Approve agreement between the City of Pleasanton, City of Livermore, and Dublin San Ramon Services District for the construction and operation of a temporary joint residential recycled water fill station and authorize $ 160, 500 for project expenses Councilmember Arkin noted Councilmember Balch pulled the item the last time it was presented and has the same concerns of the high costs. She stated usage rates will likely be lower than when the service was free in the past and located in Pleasanton. She stated the proposed location is problematic and the hours of operation restrictive. She stated she likes the concept of having the filling station and expressed skepticism about the potential success relative to its costs.
Acting Director of Operational Services Daniel Repp stated that DSRSD does not want to reuse the previous site due to operational challenges, including traffic. He added there were also operational challenges for a second refill station in the City of Livermore. He stated there are few options for potential sites and this one was chosen because it has a recycled water pipeline and is a publicly owned parcel with an underused parking lot. He stated the hours are being recommended because of heavy weekend usage windows at Ken Mercer Sports Park. He added staff is uncertain about potential usage rates due to the suggested $ 100 fee for an annual pass.
City Manager Beaudin added that DSRSD has stated the previous site is not viable. He acknowledged it is not a perfect site but added staff feels it can work in the short- term while a more ideal site is sought.
In response to Councilmember Balch, City Manager Beaudin confirmed the City' s share of the construction costs would be $ 60, 500.
In response to Councilmember Balch, Acting Director Repp clarified it would be a seasonal operation running primarily during the summer. He confirmed the $ 300, 000 in operational costs shared among the agencies might not end up being the full amount depending on programming. He also confirmed staff would have the flexibility to alter operating hours if there is found to be a convenient window of low Ken Mercer Sports Park usage.
Councilmember Arkin noted there will be a lot of impacted residents in addition to park users. She stated the new filling charge, locational challenges, and operating hour restrictions are big challenges.
She reported asking residents if they would participate under the proposed parameters and everyone responded no.
Councilmember Testa stated the previous site is viable and the complications in the past were inconveniences. She added the traffic issue only existed for the first month of operation and dissipated after adjustments were made. She stated the annual fee and operational hours were significant issues for users of the previous site she has spoken with.
In response to Councilmember Testa, Acting Director Repp reported the City is reviewing potential designs and the construction work would be simple. He added that DSRSD has contractors ready to go when the design is approved and California Environmental Quality Act ( CEQA) study is completed. He estimated the station could be online by August 1.
In response to Councilmember Testa, Acting Director Repp stated the amount of water the station would distribute would only amount to 5% of the available water system supply and the combined agencies can absorb this usage.
In response to Councilmember Testa, Acting Director Repp could not confirm whether the station could be limited to Tri-Valley residents due to how the City' s billing system works.
Mayor Brown stated it could also potentially be limited to only Alameda County residents.
City Council Minutes Page 15 of 18 June 21, 2022
CouncilmemberNarumreportedthe City haddroughtpenaltiesfor excesswater usageduringthe last drought when the previous station was in operation. She added the penalties incentivized residents to use the station, but the penalties are not currently in place. She expressed concerns over whether residents have an incentive to use the station. She commended the hours and site, noting it will also be convenient for residents coming from other Tri-Valley communities to use it.
In response to Councilmember Narum, Acting Director Repp reported staff did not conduct a market study and acknowledged this is part of the challenge the item presents. He agreed the drought penalties likely influenced station usage rates in 2014. He also confirmed Pleasanton's ongoing water conservation efforts are reaching the 15% goal set by the State.
In responseto MayorBrown, Acting DirectorReppconfirmedthe plan is to have 17 filling hoses. He stated that DSRSD will provide the filling equipment with inch and a half size hoses. He could not confirm the fill rate due to several variables but noted at 10 gallons per minute, a 200- gallon tank would take 20 minutes to fill.
MayorBrowncommendedthe site for beingcloserthanthe previousoptionin the City of Dublin. She stated at least one weekend day is necessary due to the many residents working during weekdays and the proposed hours not including evenings.
In response to Mayor Brown, Acting Director Repp confirmed there could be negative comments from neighbors and stated the notifications will go out within the next few days as part of the review process.
In response to Mayor Brown, Acting Director Repp confirmed the cities of Dublin and Livermore have approved their portions of the contract.
Councilmember Arkin expressed appreciation for staff coming up with this new option for residents to get recycled water. She agreed with Councilmember Narum' s to incentivize residents. She stated the limited hours are an issue and noted the location so close to Ken Mercer Sports Park is problematic around its heavy usage windows for potential residential impacts. She encouraged residents to use the station if approved. She expressed concerns about the cost of the station per residential user.
Councilmember Balch noted the previous proposal included a construction price tag of about $500,000 to improve DSRSD land in another City with only a five- year window for usage provided those years are drought years. He noted this proposal will only cost the City $60,500 in construction costs, is located in Pleasanton, and does not have a restriction on its longevity. He stated this is a relatively fair amount of money for a pilot program in a location that may work well. He added the operational costs were the same under all previous locations brought to the Council.
Councilmember Balch suggested leaving the programming and hours to staff with a suggestion to have additional hours with community input. He noted the City has imposed Stage 2 drought rates, creating some incentive through the higher water rates. He added they would also want a balance of user levels because the site is within a residential neighborhood. He expressed support, noting there is only 60, 500 of construction costs.
Councilmember Arkin stated the money is not her primary concern but rather the location's potential impacts on neighbors and the park along with the hours. She noted residents would also have to invest in a truck and tank to receive the water in addition to being available during operating hours. She stated it will be difficult for residents to take advantage of the facility.
Councilmember Testa added another factor is gas prices rising to $ 7 a gallon as residents will have to use a lot of gas to haul the large water tanks back home. She noted the hours are limited but Traffic City Council Minutes Page 16 of 18 June 21, 2022
Engineer Mike Tassano has stated these hours make the location possible because of all of the area' s other uses. She stated the other jurisdictions have already agreed to the site so she will too.
Mayor Brown opened the public hearing.
Greg Jones stated he has been petitioning DSRSD for over a year to bring back the filling station. He stated he was a regular user of the previous station and would love to see it return. He noted there is a lot of interest in what was a popular program in the past, but the costs were overwhelming in previous iterations. He encouraged the Council to approve the item. He added next year could likely be another drought year and they should not let this opportunity slip by when they look at it in hindsight.
Councilmember Arkin stated there were 1, 600 Pleasanton regular users of the previous station and she struggles with the proposed site' s limitations for fears it will prevent people from being able to use the station. She stated she could support the item if there is a weekend day or weeknight open to help working people be able to utilize it.
City Manager Beaudin cautioned against committing to something specific tonight that could cause issues with events at the park. He added the agreement is structured to allow the agencies to confer and adjust the hours of operation based on demand.
Mayor Brown closed the public hearing.
Councilmember Narum moved to authorize the City Manager to execute the agreement, allocate the City' s portion of the construction, and direct staff to further explore expanding the hours of operation to include a weekend day or weeknight.
Councilmember Arkin seconded the motion.
Councilmember Narum stated her impression is the park is mostly used for adult soccer leagues on Sunday mornings, generating less traffic than youth sports. She asked staff to look at this window as a potential option. She added the City has collaborative relationships with the City of Livermore and DSRSD. She noted this is the third iteration of the project and the one most beneficial to Pleasanton.
She noted the other agencies have already approved the agreement and Pleasanton should too in the spirit of collaboration. She noted the dramatically lower cost than previous versions.
Councilmember Arkin stated the assurance staff will look into a weeknight or weekend day helps her decision to support.
Councilmember Balch thanked the Zone 7 Water Agency for allowing their location to be used. He added he will support the motion.
Councilmember Testa stated the other jurisdictions agreeing to the project is nice, adding they are paying two- thirds of the cost for something in Pleasanton.
MOTION: It was m/s by Narum/ Arkin to approve the agreement between the City of Pleasanton, City of Livermore, and Dublin San Ramon Services District for the construction and operation of a temporary joint residential recycled water fill station and authorize $ 160, 500 for project expense with direction to evaluate additional weekend or weeknight operating hours. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
City Council Minutes Page 17 of 18 June 21, 2022
MATTERS INITIATED BY COUNCIL
Councilmember Narum reported last week East Bay Community Energy ( EBCE) passed an $ 800 million budget including a local development funding component. She inquired if there was Council interest in having EBCE briefly present at a future meeting to discuss local development opportunities.
Mayor Brown and Councilmember Arkin supported the request.
COUNCIL REPORTS: Brief reports on conferences, seminars, and meetings attended by the Council Councilmember Testa reported attending an Alameda County Mosquito Abatement District meeting, a California League of Cities Housing and Community Development meeting, a Chamber of Commerce economic driver's event, and an Association of Bay Area Governments (ABAG) general assembly.
Councilmember Narum reported Valley Link approved a $ 22 million budget and added the federal government accepted Valley Link to a grants program. She reported that i-GATE is looking for a new location and Executive Director as they pivots into life sciences. She reported the Livermore Amador Valley Transportation Authority is recruiting a new Executive Director for the Wheels bus program.
Councilmember Arkin reported attending a Zone 7 ribbon-cutting ceremony for their new water treatment plant and the Chamber of Commerce' s economic driver' s event.
Councilmember Balch reported the StopWaste Management Committee appointed City of Dublin Mayor Melissa Hernandez as President. He reported attending the Zone 7 ribbon-cutting and other events. He welcomed City Manager Beaudin back to the City.
Mayor Brown reported attending the ribbon- cuttings in downtown and stated she was honored to present the awards to the Chamber of Commerce' s economic drivers.
ADJOURNMENT
Mayor Brown adjourned the regular meeting at 11:00 p.m.
Respectfully submitted,
Jic lyn K on
City Clerk
City Council Minutes Page 18 of 18 June 21, 2022