CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
December 20, 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 8:03 p.m. from the Council Chamber located at 200 Old Bernal Avenue and via Zoom.
Councilmember Testa led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None
AGENDA AMENDMENTS — None.
City Council
1. Ratify calendar year 2023 City Council assignments to various boards and commissions, and Vice Mayor selection
Recommendation: Ratify the Mayor' s appointment of Councilmember Jack Balch as Vice Mayor and City Council assignments to various boards and commissions for calendar year 2023.
City Attorney
2. 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) Confirmed COVID- 19 case trends have been increasing since October 2022; and 2) The California Division of Occupational Safety and Health ( a.k.a. Cal/ OSHA) recommendations for building ventilation to reduce Covid spread include natural or mechanical ventilation, or both, to maximize the quantity of outdoor air provided. However, many commissions and committees meet in rooms where ventilation is not possible.
City Manager
3. Adopt a resolution to approve a mid- term special rate adjustment in the amount of 0. 74 percent for solid waste, recyclable materials, and organic materials collection to compensate Pleasanton Garbage Service, Inc. ( PGS) for increased costs related to a City- directed change from November 1, 2022, through June 30, 2023, as required by the franchise agreement between the City and Pleasanton Garbage Service, Inc.
Recommendation: Waive the full reading and adopt Resolution No. 22- 1346 to adopt mid-term rates for solid waste, recyclable material, and organic materials collection services.
4. Approve professional services agreement with Baker Tilly US, LLP for development of a citywide strategic plan in an amount not to exceed $ 86, 800
Recommendation: Authorize the City Manager to execute a professional services agreement with BakerTilly US LLP through June 30, 2024.
5. Approve meeting minutes of December 6, 2022
Recommendation: Approve the meeting minutes.
Community Development
6. Actions of the Planning Commission and Zoning Administrator Recommendation: Receive the report.
7. Adopt and waive second reading of Ordinance No. 2243 approving applications for: 1) Minor Subdivision approval to subdivide an approximately 2-acre parcel into two parcels measuring approximately 1-acre each at 535 Sycamore Road; 2) Planned Unit Development ( PUD) development plan approval to construct a one- story home and related site improvements on each parcel * Councilmember Nibert abstained
Recommendation: Adopt and waive second reading of Ordinance No. 2243.
Engineering
8. Approve plans and specifications, review bids, and award a construction contract to JJ Construction & Design, Inc. in the amount of$ 118,000 for the Lighting Improvements for the Railroad Parking Lot Project, CIP No. 20462
Recommendation:
1. Approve the plans and specifications for this project, review the bids received, and award the construction contract to JJ Construction & Design, Inc. of Hayward, California, in the amount of$ 118,000 for the Lighting Improvements for the Railroad Parking Lot Project, CIP No. 20462.
2. Authorize the City Manager to enter into the construction contract with JJ Construction & Design, Inc.
3. Authorize the Director of Engineering to approve and execute project change orders for a not- to- exceed contingency amount of$ 19, 495 ( approximately 17 percent of the bid amount).
Finance
9. Accept the Monthly Disbursements and Investment Report for October 2022 Recommendation: Accept the report.
10. Adopt a resolution finding that certain development impact fees subject to AB 1600 and SB 1693 are unexpended after five years and the funds are committed to particular projects Recommendation: Waive the full reading and adopt Resolution No. 22- 1347 finding that certain development impact fees subject to AB 1600 and SB 1693 are unexpended after five years and the funds are committed to particular projects.
Human Resources
City Council Minutes Page 2 of 6 December 20, 2022
11. Adopt a resolution approving compensation and amending the temporary, part- time seasonal classification salary structure
Recommendation: Waive the full reading and adopt Resolution No. 22-1348 approving compensation for temporary/ seasonal employees and amending the temporary, part- time/ seasonal classification salary structure.
Library and Recreation
12. Approve professional services agreement with Amador Livermore Valley Historical Museum on Main operations for a total of$ 109,800 annually and a total of$ 549, 000 over the five year term of the agreement
Recommendation: Approve the professional services agreement.
13. Approve first amendment to professional services agreement with American Cemetery Maintenance and Burial for grounds maintenance and burial services for the Pleasanton Pioneer Cemetery in the amount not-to-exceed $ 331, 500
Recommendation: Approve the first amendment to the professional services agreement.
14. Public Hearing — Adopt a resolution amending the master fee schedule for the Pleasanton Pioneer Cemetery effective January 1, 2023
Recommendation: Waive the full reading and adopt Resolution No. 22- 1349 amending the Master Fee Schedule for the Pleasanton Pioneer Cemetery.
15. Adopt a resolution accepting an additional $ 10,500 for the California State Library grant " Stronger Together: Improving Library Access"
Recommendation: Waive the full reading and adopt Resolution No. 22- 1350 authorizing staff to accept $ 10,500 in additional California State Library grant funds for" Stronger Together: Improving Library Access"
Operations Services
16. Approve continuation of local drought emergency
Recommendation: Approve the continuation of the Local Drought Emergency.
17. Approve the purchase of a Volvo compact wheel loader from Volvo Construction Equipment and Services in the amount of$ 170, 425
Recommendation: Authorize the City Manager to purchase a Compact Wheel Loader with Volvo Equipment & Services in the amount of$ 170, 425, which includes a 15 percent contingency.
18. Approve third amendment to the agreement with Ella Construction in the amount of$ 575, 000 for FY 2022/ 23 city renovation projects
Recommendation: Approve and authorize the City Manager to execute the third amendment to the agreement.
City Council Minutes Page 3 of 6 December 20, 2022
Police
19. Authorize an application for State Homeland Security Grant for funds to purchase a tactical robot in the amount of $ 108, 646
Recommendation: Authorize the Police Department to seek grant funding in the amount of 108,646 through the State Homeland Security Grant 2023 application process.
Mayor Brown opened the public hearing. The following speaker provided public comment: Bryon Tor. Mayor Brown closed the public hearing.
MOTION: It was m/s by Testa/ Arkin to approve the consent calendar as recommended. Motion passed by the following vote, with Councilmember Nibert abstaining on item 7:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
20. Public Comment regarding items not listed on the agenda Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
21. Consider the proposed modifications to the Draft 6mCycle Housing Element Update and proposed rezoning sites
Recommendation: Review and provide direction on the 6thCycle ( 2023- 2031) Draft Housing Element Update modifications and proposed rezone site list for inclusion in the Housing Element.
Staff recommends including areas 29, 16, 19, 7, 2, 14, 6, 5, 8, and 9. Staff also recommends including areas 25, 18, 27, 21, 23, 22, and 1.
Community Development Director Ellen Clark and Associate Planner Megan Campbell 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. Augustine site) be addressed separately for questions and decisions due to Councilmembers Testa and Balch living within 500 feet of each of the sites respectively.
Mayor Brown opened the public hearing. The following individuals provided comment: Patrick Costanzo Jr., Peter MacDonald, Ralph Martin, Ahmad Sheikholeslami, Chuck Davis, Steve Reilly, Guy Houston, and Glyn Burge.
City Council Minutes Page 4 of 6 December 20, 2022
Mayor Brown closed the public hearing.
Councilmember Testa recused from discussion on site 25.
MOTION: It was m/s by Arkin/ Nibert to approve site 25 with amendment to modify the density range to 8- 12 du/ acre. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Nibert, Mayor Brown
Noes: Councilmember Balch
Recuse: Councilmember Testa
Councilmember Testa returned to the meeting.
Councilmember Balch recused from discussion on site 26.
MOTION: It was m/s by Arkin/ Testa to approve and include site 26 with the recommended number of units at density range of 2-7 du/ acre. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Nibert, Testa, Mayor Brown Noes: None
Recuse: Councilmember Balch
Councilmember Balch returned to the meeting.
At 10:36 p.m. with majority consensus, the City Council decided to hear all remaining items on the agenda.
MOTION: It was m/s by Balch/ Arkin to include site 27 with amendment to modify the site to allow 7 buildable acres and density range of 3-4 du/acre and assumed capacity of 28 units. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Recuse: None
MOTION: It was m/s by Balch/ Brown to approve the recommended rezone site list with amendment to include site 26 and density range modifications to sites 25 and 27. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Recuse: None
MOTION: It was m/s by Balch/ Nibert to proceed with the recommended policies and programs and the adjusted planned unit development process for incorporation in the housing element.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Recuse: None
The Mayor recessed the meeting at 11:45 p.m. and reconvened the meeting at 11:52 p.m.
City Council Minutes Page 5 of 6 December 20, 2022
22. Consider and approve the draft Objective Design Standards for residential development Recommendation: Staff recommends the City Council provide feedback on the draft Objective Design Standards for the Housing Element Sites and R-M, C-C, and M-U District sites, in preparation for adoption of the 6th Cycle Housing Element in January 2023.
Community Development Director Ellen Clark and Senior Planner Shweta Bonn presented the item.
Mayor Brown opened the public hearing. The following individuals provided comment: Chuck Davis and Steve Reilly.
Mayor Brown closed the public hearing.
The City Council provided feedback and direction regarding elements of the draft Objective Design Standards.
MATTERS INITIATED BY COUNCIL — None.
COUNCIL REPORTS — None.
ADJOURNMENT
The Mayor adjourned the meeting at 12:44 a.m.
Joc.- 6 Kwon:,
Cidi
Clerk
City Council Minutes Page 6 of 6 December 20, 2022