CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
July 19, 2022
This meeting was conducted in accordance with Governor Newsom' s Executive Order N- 29- 20 and AB 361 COVID- 19 pandemic protocols.
CALL TO ORDER
Mayor Brown called the regular meeting of the City Council to order at the hour of 7:00 p.m. from the Council Chamber located at 200 Old Bernal and via Zoom.
Councilmember Testa led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown
Absent: None
AGENDA AMENDMENTS
Councilmember Arkin requested that item 9 be pulled for further discussion. Mayor Brown moved the item as new item 20 on the agenda.
CONSENT CALENDAR
City Attorney
1. Adopt findings regarding public health related to the Covid- 19 pandemic to support continued virtual public City meetings per Resolution No. 21- 1249 Recommendation: Adopt by minute order the following findings:
1) The high transmissibility of evolving COVID- 19 variants is once again causing illness, isolation, missed work, and exposure of others;
2) The Health Officer of Alameda County reinstated the indoor mask mandate in June ( Health Order No. 22-02) due to COVID- 19's transmissibility, and indoor air quality filtration recommendations cannot be achieved in all City meeting rooms; 3) Many City commissions and committees can have large memberships, and rooms where they meet cannot provide for adequate physical distancing.
2. Adopt and waive second reading of Omnibus Ordinance No. 2239 amending 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
Recommendation: Adopt and waive full reading of Ordinance No. 2239.
3. Adopt the City Council Meeting Rules of Procedure by resolution Recommendation: Adopt Resolution No. 22- 1319.
City Manager
4. Approve minutes of February 3, 2022
Recommendation: Approve minutes.
Community Development
5. Actions of the Zoning Administrator and Planning Commission Recommendation: Receive report.
Engineering
6. Approve plans and specifications, review bids, and award a construction contract to Mauri Concrete Construction Company, Inc. in the amount of$ 442,532 for the Muirwood Community Park Court Resurfacing Project, CIP No. 22744
Recommendation:
1) Approve plans and specifications and award contract to Mauri Concrete construction Company;
2) Authorize the City Manager to enter into the contract on behalf of the City; 3) Authorize the Director of Engineering to approve and execute any contract change order( s) in an amount not to exceed $ 45, 000;
4) Appropriate the Proposition 68 grant in the amount of$ 227, 000 for CIP No. 22744; 5) Transfer $ 36, 000 from the Annual Playgrounds Renovation Project, CIP No. 22745 ( Fund 218 Park Med) to Muirwood Community Park Court Resurfacing Project, CIP No. 22744
7. Approve a first amendment to the professional services agreement with Callander Associates Landscape Architecture, Inc. in the not- to- exceed amount of$ 30, 837 for additional construction document design services for the Nevada Street Improvements Project, CIP No. 20565 Recommendation: Approve first amendment to the agreement and authorize the City Manager to execute the agreement.
8. Approve a lease agreement with Union Pacific Railroad to utilize a portion of its property as a parking lot between St Mary Street and Division Street
Recommendation: Approve agreement and authorize the City Manager to execute the agreement.
9. Moved to Item 20— Public Hearing and Other Matters — 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
10. Accept the Monthly Disbursements and Investment Report for May 2022 Recommendation: Accept claim disbursements in the amount of$ 13, 187, 191 and the investment report.
City Council Minutes Page 2 of 6 July 19, 2022
Human Resources
11. Adopt a resolution approving the proposed Memorandum of Understanding between the Livermore- Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 with term ending June 30, 2025 Recommendation: Adopt Resolution No. 22- 1320.
Library and Recreation
12. Approve first amendment to agreement with Graham Hitch mortuary for cemetery management, plot sales and burial coordination for the Pleasanton Pioneer Cemetery Recommendation: Approve agreement and authorize the City Manager to execute the agreement.
13. Adopt a resolution amending the Master Fee Schedule for the Pleasanton Pioneer Cemetery Recommendation: Adopt Resolution No. 22- 1321.
Operations Services
14. Approve the purchase of three Type 6 Xtreme Fire Engines for LPFD from Boise Mobile Equipment ( BME) in the amount of$ 912, 821. 80
Recommendation: Approve purchase.
15. Approve the Seventh Supplemental Agreement for Wastewater Disposal Services between the City of Pleasanton and the Dublin San Ramon Services District related to the use of the West Dublin Trunk Sewer Line
Recommendation: Approve agreement and authorize the City Manager to execute the agreement.
Police
16. Adopt and waive second reading of Ordinance No. 2238 approving the Pleasanton Police Department' s military equipment use policy
Recommendation: Adopt and waive reading of Ordinance No. 2238.
17. Award a Professional Services Agreement to Bonita House, Incorporated for the not- to- exceed amount of$ 775, 944 to provide clinician services for the Alternate Response Mental Health Program
Recommendation: Approve agreement and authorize the City Manager to execute the agreement.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed public comment.
City Council Minutes Page 3 of 6 July 19, 2022
MOTION: It was m/s by Narum/ Arkin to approve the Consent Calendar with the exception of item
9. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
18. Public Comment regarding items not listed on the agenda.
Mayor Brown opened public comment. The following individuals provided comment: Marti Sutton, Rick Schussel, Laura Charteris, Diane McKenna, Anissa, Richard, John Bauer, Ramesh Thiagrajan. Mayor Brown closed public comment.
PUBLIC HEARINGS AND OTHER MATTERS
19. Review and provide comments on the 6thCycle ( 2023- 2031) Draft Housing Element, and direct submittal of the Draft Housing Element to the State Department of Housing and Community Development
Recommendation:
1) Review the 6th Cycle Draft Housing Element Update and provide direction on any revisions or modifications;
2) Authorize staff to forward the document to HCD for its required 90-day review, incorporating any recommended revisions as directed.
Associate Planner Megan Campbell and Community Development Director Ellen Clark presented the item.
City Attorney Dan Sodergren advised that Councilmembers Testa and Balch reside within 500 feet of potential sites on the inventory list. Both received advice from the Fair Political Practices Commission ( FPPC) and FPPC found that based on exception to the Political Reform Act, the councilmembers may participate in the discussion and decision to approve the list as a whole, general policy decisions applicable to all properties on the list, and general decisions relating to the draft element. However, FPPC noted the exception may not apply to a decision to remove a site that is in proximity to their homes or discussion of parameters to sites that do not apply to the list as a whole.
City Attorney Dan Sodergren suggested that sites 25 ( Pleasanton Unified School District site) and 26 ( St. Augustin site) be addressed separately for questions and decisions due to Councilmembers Testa and Balch living within 500 feet of each of the sites respectively.
The City Council asked questions of staff regarding the sites list and draft housing element.
Mayor Brown recessed the meeting at 9:17 p.m. and reconvened the meeting at 9:23 p.m.
Mayor Brown opened the public hearing. The following individuals provided comment: Brian Bourg, Christine Bourg, Lloyce Jaunkalnieis, Tilton Gore, Joseph Hernan, Ahmad Sheikholeslami, Joseph Bousaba, Jocelyn Combs. Mayor Brown closed the public hearing.
Councilmember Testa recused from discussion of site 25 as the site is within 500 feet of her primary residence.
City Council Minutes Page 4 of 6 July 19, 2022
Councilmembers asked questions regarding site 25.
Councilmember Testa returned to the meeting at 10:22 p.m.
MOTION: It was m/s by Narum/ Balch to forward the Housing Element to the State with sites as listed, except Site 3, and incorporate the recommended modifications in the staff report, and Council revisions as follows: modify Policy 1.6 to add flexibility for entry- level and single family starter homes; add to Policy 1.7 the reference to the program in the Downtown Specific Plan; consolidate Program 1.5 subpoints 5 and 6; add reference in Program 1.7 to include entry- level single family for sale housing in the project; request for standalone policy in Goal 2 to better address entry level affordable homes; Program 2.8 amended that any rental property has to take section 8; modify Program 5. 6 subsection 2 to address applications with 6 or more residents; include nonprofit development and community outreach programs.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
20. 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
Recommendation:
1) Approve the JDEDZ Traffic Mitigation Measures Improvement Plans prepared by Costco' s engineering consultants and as reviewed and approved by the City Engineer and CalTrans; 2) Review the final cost estimate;
3) Review and approve Amendment One to the 2018 Transportation Improvement and Cost Allocation Agreement;
4) Approve the six purchase agreements for the right- of-way necessary to construct the work as shown on the JDEDZ Traffic Mitigation Measures Improvement Plans.
Director of Engineering Steve Kirkpatrick provided an overview of the item and responded to Council' s questions.
Mayor Brown opened the public hearing. The following individuals provided comment: Jennifer Murillo, Joan Cox. Mayor Brown closed the public hearing.
MOTION: It was m/s by Balch/ Narum to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Narum, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
With majority consensus from the Council, Councilmember Testa requested staff to bring back the water refill station item to the August City Council meeting for further discussion.
City Council Minutes Page 5 of 6 July 19, 2022
With majority consensus from the Council, Councilmember Narum requested exploration of a joint use agreement with Pleasanton Unified School District regarding Donlon field.
COUNCIL REPORTS — Councilmembers reported on regional and local agency meetings attended.
ADJOURNMENT — Mayor Brown adjourned the meeting at 11:22 p.m. 0C
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City Council Minutes Page 6 of 6 July 19, 2022