CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
February 7, 2023
REGULAR MEETING
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 Avenue.
Councilmember Balch led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None
AGENDA AMENDMENTS — None.
CONSENT CALENDAR
City Council
1. Ratify Mayor' s assignment to the Livermore Amador Valley Water Management Agency for calendar year 2023
Recommendation: Ratify the Mayor' s appointment of Councilmembers Julie Testa and Jeff Nibert as primary members and Councilmember Valerie Arkin as an alternate member to the Livermore Amador Valley Water Management Agency for calendar year 2023.
City Manager
2. Adopt a resolution to terminate the local emergency declaration related to the COVID- 19 pandemic and end the regulated delegation of authority to the City Manager to award and execute contracts during such emergency, concurrent with the repeal of the State Emergency Declaration as of February 28, 2023; conclude the Business Assistance Program; and extend the deadline date for the downtown parklet and outdoor dining installation grant programs.
Recommendation: Waive the full reading and adopt Resolution No. 23- 1361 to conclude the Business Assistance Program; and extend the deadline date of the downtown parklet and outdoor dining installation grant programs to June 30, 2024. There is a sufficient balance remaining in the approved $ 250, 000 for each of the grant programs to provide funding for more than the anticipated number of applications.
3. Adopt virtual attendance policy City Council and Planning Commission members following termination of the COVID- 19 state of emergency in California; and have other committees and commissions meet in- person
Recommendation: Approve by minute order the use of AB 2449 procedures for virtual meeting attendance by only City Council and Planning Commission members at their regular and special meetings. Other committees and commissions will hold in- person meetings.
4. Approve meeting minutes of December 20, 2022, January 11, 2023 and January 17, 2023 Recommendation: Approve the meeting minutes.
Community Development
5. Actions of the Zoning Administrator and Planning Commission Recommendation: Approve the actions of the Planning Commission and Zoning Administrator.
6. Adopt a resolution accepting the list of general priority areas for future acquisition related to strategic planning and conservation evaluation consistent with the Altamont Landfill Settlement Agreement
Recommendation: Waive the full reading and adopt Resolution No. 23- 1362.
Engineering
7. Authorize Contract Change Order No. 5 in the not-to-exceed amount of$ 300,000 to the existing contract with O'Grady Paving, Inc. for the Annual Street Resurfacing and Preventative Maintenance Project, CIP No. 22503 for implementation of the Phase 1 " quick build" bicycle improvements on West Las Positas Boulevard between Hopyard Road and Hacienda Drive Recommendation:
1. Authorize Contract Change Order No. 5 in the not- to- exceed amount of$ 300, 000 to the existing contract with O'Grady Paving, Inc. to implement the Phase 1 "quick build" on West Las Positas Boulevard, between Hopyard Road and Hacienda Drive, as a part of the Annual Street Resurfacing Project, CIP No. 22503.
2. Authorize the transfer of$ 150, 000 in Streets CIP — General Fund ( Fund 211), and 150, 000 in Bike and Pedestrian Measure B ( Fund 163) from the West Las Positas Boulevard Reconstruction Project, CIP No. 11514, to the Annual Street Resurfacing and Preventative Maintenance Project, CIP No. 22503.
8. Approve plans and specifications, review bids, and award a construction contract to Paulson Cox Construction, Inc. in the amount of$ 265, 217; approve a fourth amendment to the professional services agreement with Dudek in the not- to- exceed amount of$ 76, 319; and adopt a resolution to adopt a Mitigated Negative Declaration for the Augustin Bernal Mountain Bike Trail Project, CIP No. 20771
Recommendation:
1. Approve plans and specifications, review the bids, and award the construction contract for the project to Paulson Cox Construction, Inc. of Concord, CA, in the amount of$ 265, 217.
2. Authorize the City Manager to enter into the construction contract.
3. Waive the full reading and adopt Resolution No. 23-1363 adopting the mitigated negative declaration ( see Attachment 1).
4. Authorize the Director of Engineering to approve and execute any required contract change order(s) for up to a not-to-exceed amount of$ 53,000 (approximately 20 percent of the construction contract) for unforeseen yet necessary related work.
5. Authorize the City Manager to approve Amendment No. 4 to the professional services agreement with Dudek in the amount of$ 76, 319.
6. Transfer $ 359, 026 from the General Trail Improvements and Development, CIP No. 01737 Fund 222 — Park Development Impact Fees), to the Augustin Bernal Mountain Bike Trail CIP No. 20771.
City Council Minutes Page 2 of 5 February 7, 2023
Finance
9. Adopt a resolution designating the City Manager as the City's agent for federal and state disaster assistance
Recommendation: Waive the full reading and adopt Resolution No. 23- 1364.
Library
10. Approve second amendment to professional services agreement with American Cemetery maintenance and burial for grounds maintenance and burial services for the Pleasanton Pioneer Cemetery in an amount not to exceed $ 331, 500
Recommendation: Approve second amendment to the professional services agreement.
11. Approve the purchase of a 2022 Lightning eMotors FT3- 86 Transit Passenger Van for Pleasanton Rides from Lightning Systems Inc. in the amount not to exceed $ 152, 012 and appropriate an additional $ 37, 012 of Measure BB funds for this purchase Recommendation: Approve the purchase.
Operations Services
12. Approve the purchase of a Hydraulic Valve Operating truck and authorize the City Manager to execute a purchase order with Sourcewell in the amount of$ 289, 094 Recommendation: Approve the purchase in the amount of$ 251, 386 plus 15 percent contingency 37, 708) totaling $ 289, 094.
MOTION: It was m/s by Nibert/ Testa to approve the consent calendar as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
13. Public Comment regarding items not listed on the agenda — Speakers are limited to 3 minutes.
Mayor Brown opened public comment. The following individuals provided comment: Sarah Campbell, Vicki LaBarge, Mark Andrews, Ghezal Beliakoff, Gina L, Tiffany Karaiyan, and Joe Nguyen, Principal at Pleasanton Middle School.
Mayor Brown closed public comment.
PUBLIC HEARINGS AND OTHER MATTERS
14. Review the public outreach results and conceptual plan, and provide direction, regarding the update to the Lions Wayside and Delucchi Parks Master Plan, CIP No. 06716 Recommendation: Provide direction to staff to finalize the update of the Lions Wayside and Delucchi Park master plan update based on the conceptual plan.
City Council Minutes Page 3 of 5 February 7, 2023
Steve Kirkpatrick, Director of Engineering, Matt Gruber, Landscape Engineer, and Rick Larsen, consultant with MIG, gave a presentation.
Mayor Brown opened the public hearing. There being no speakers, Mayor Brown closed the public hearing.
MOTION: It was m/s by Testa/ Brown to not proceed with the 2022 conceptual master plan and only proceed with permanent bandstand. Motion superseded by second substitute motion.
SUBSTITUTE MOTION: It was m/s by Balch/ Nibert to approve the 2022 conceptual design.
Motion failed by the following vote:
Ayes: Councilmembers Balch, Nibert
Noes: Councilmembers Arkin, Testa, Mayor Brown
Absent: None
SECOND SUBSTITUTE MOTION: It was m/s by Arkin/ Testa to put the Master Plan on hold and directed staff to return with an estimate for renovation of park, with minimal public outreach but to include Parks and Recreation Commission in outreach plan, with a relocation of the bandstand.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Nibert, Testa, Mayor Brown Noes: Councilmember Balch
Absent: None
Mayor Brown recessed the meeting at 9:08 p.m. and reconvened the meeting at 9: 13 p.m.
15. Review and provide direction on commission and committee organizational structure Recommendation: Review and provide direction on the recommended changes to the commissions and committees, and establish an ad hoc subcommittee of the Council that would present options to the Council at a future meeting.
Pamela Ott, Assistant City Manager gave a presentation.
Mayor Brown opened public comment. The following individuals provided comment: Todd Nelson.
Mayor Brown closed public comment.
MOTION: It was m/s by Brown/ Balch to establish an ad hoc subcommittee as recommended to review and provide recommendations on how to improve the structure of City commissions and committees, and to appoint Councilmembers Balch and Arkin as members. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
16. Accept the Annual Comprehensive Financial Report ( ACFR) and other related audits for the fiscal year ending June 30, 2022
City Council Minutes Page 4 of 5 February 7, 2023
Recommendation: Accept the audited Annual Comprehensive Financial Report and other related reports for fiscal year 2021/ 22.
MOTION: It was m/s by Nibert/ Balch to accept the fiscal year 2021/ 22 audited Annual Comprehensive Financial Report and other related reports as submitted. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL— None.
COUNCIL REPORTS — Councilmembers reported on regional and local agency meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 11: 13 p.m.
7 Jocelyn, Kwongj
City lerk
City Council Minutes Page 5 of 5 February 7, 2023