CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
March 21, 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 Arkin led the Pledge of Allegiance and provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None
AGENDA AMENDMENTS — None.
REPORT ON CLOSED SESSION
City Attorney Daniel Sodergren advised there was no reportable action from the closed session held March 21, 2023, at 6: 00 p. m.
CONSENT CALENDAR
City Attorney
1. Introduce an ordinance to amend the Municipal Code in Titles 5 Business Licensing and 18 Zoning, remove references to treasurer, amend Chapters 2.08 City Manager, 6. 18 Marijuana and Hemp, 9. 04 Noise Regulations, 13. 08 Parks and Recreation Facilities, 14. 04 Regulation of Water System and Water Service Fees, 17.50 Green Building, and waive first reading. Adopt resolutions to: ( i) update parking citation process: ( ii) amend the Purchasing Procedures and Manual; and ( iii) update the Master Fee Schedule for Police Department fees, removing use permit fees no longer issued, and update hydrant meter deposit fee
Recommendation: Introduce and waive first reading of Ordinance No. 2244, update the Master Fee Schedule and waive the full reading and adopt Resolution Nos. 23-1372, 23- 1373, and 23- 1374.
City Manager
2. Approve meeting minutes of February 21, 2023
Recommendation: Approve regular meeting minutes of February 21, 2023 Community Development
3. Actions of the Zoning Administrator & Planning Commission Recommendation: Approve the Actions of the Zoning Administrator & Planning Commission
4. Adopt a resolution to approve the Altamont Settlement Agreement Education Advisory Board Expenditure Plan for Fiscal Year 2023/ 2024
Recommendation: Adopt Resolution No. 1375 authorizing the Altamont Settlement Agreement Education Advisory Board' s Expenditure Plan for fiscal year 2023/ 2024. The Board will award funds to qualified applicants for implementing recycling and environmental awareness programs based on a competitive grant process.
5. Accept public improvements performed by Ray' s Electric for the Bernal Avenue and Nevada Street traffic signal installation Project, CIP No. 17532 Recommendation:
1. Accept the project as complete and authorize the City Clerk to file a Notice of Completion.
2. Authorize the release of retention in the amount of$ 35,427 to Ray' s Electric 30 days after the recordation of the Notice of Completion.
3. Authorize the transfer of the remaining funding of$ 57,286 in CIP No. 17532 back to the Traffic Impact Fee Fund.
Engineering
6. Approve a professional services agreement in the amount of $ 325, 178 with Dudek to prepare a comprehensive Urban Forest Master Plan ( CIP No. 22773) and approve a budget amendment in the Urban Forestry Fund in Fiscal Year 2022/ 23
Recommendation:
1. Approve the professional services agreement with Dudek in the amount of$ 325, 178 for the Urban Forest Master Plan and authorize the City Manager to execute the agreement.
2. Approve a budget amendment to the Urban Forest Master Plan project ( CIP No. 22773), increasing its budget by $ 157, 507, from $ 200, 000 to $ 357, 507, in the Urban Forestry Fund Fund 129) to fully fund the agreement and provide a contingency of approximately $ 32, 000
3. Authorize the Director of Engineering to execute amendments to the professional service agreement up to a not-to-exceed amount of$ 32,000 ( approximately a 10 percent increase to the base agreement amount) for additional services if determined to be necessary as the UFMP is prepared.
7. Approve plans and specifications, review bids, and award a construction contract to Villalobos & Associates, Inc. in the amount of$ 495, 848 for the Annual Curb & Gutter Replacements for Street Resurfacing Project, CIP No. 23509
Recommendation:
1. Approve the plans and specifications for this project, review the bids received, and award the construction contract for the project to Villalobos & Associates, Inc. of Campbell, California, in the amount of$ 495, 848.
2. Authorize the City Manager to enter into the construction contract with Villalobos & Associates, Inc.
3. Authorize the Director of Engineering to approve and execute contract change orders for a not-to- exceed contingency amount of$ 74, 377 ( approximately 15 percent of the contract).
City Council Minutes Page 2 of 6 March 21, 2023
Finance
8. Accept the Monthly Disbursements and Investment Report for January 2023 Recommendation: Accept claim disbursements in the amount of $ 12, 546, 394 and the investment report for the month of January 2023.
Operations Services
9. Approve agreement with East Bay Pool Service for pool maintenance and repair services in the amount of$ 539, 850 for a three- year term
Recommendation: Approve and authorize the City Manager to execute an agreement with East Bay Pool Service for pool maintenance and repair services for a cumulative not-to- exceed amount of$ 539, 850 for three years.
MOTION: It was m/s by Testa/ Nibert 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
10. Presentation of Proclamation Naming 2023 Ambassadog Councilmember Arkin presented the proclamation to Ambassadog Stella and family.
11. Presentation of Proclamation declaring the month of March American Red Cross Month Councilmember Arkin presented the proclamation to Varsha Clare.
12. Public Comment regarding items not listed on the agenda Mayor Brown opened public comment. There being no speakers, Mayor Brown closed public comment.
PUBLIC HEARINGS AND OTHER MATTERS
13. Public Hearing — Consider ( 1) A resolution adopting a CEQA Addendum; ( 2) Introducing an Ordinance to approve a planned unit development ( PUD) Plan ( PUD- 136) to construct 360 multi- family apartment units and waive first reading; and ( 3) A resolution approving an Affordable Housing Agreement, for a project located at 1008 Stoneridge Mail Road Recommendation:
1. Adopt Resolution No. 23-1376 finding that the prepared Addendum to the previously certified Supplemental Environmental Impact Report ( SEIR) for the City of Pleasanton Housing Element and Climate Action Plan General Plan Amendment and Rezoning SEIR, including the adopted CEQA Findings and Statement of Overriding Considerations, which was a supplement to the certified Environmental Impact Report ( EIR) prepared for the Pleasanton 2005- 2025 General Plan, is adequate to serve as the environmental City Council Minutes Page 3 of 6 March 21, 2023
documentation for this project and satisfies all the requirements of CEQA, as the conditions described in CEQA Guidelines Sections 15183/ 15164 have not occurred, and adopt the Draft Section 15183 Checklist/ 15164 Addendum ( Addendum). ( Attachment 1)
2. Find the proposed PUD Development Plan for PUD- 136 is consistent with the General Plan and PUD Zoning.
3. Find the exceptions to the 2012 Housing Site Development Standards and Design Guidelines allowed by State Density Bonus Law as listed in the staff report are appropriate.
4. Introduce Ordinance No. 2245 making the PUD findings and approving Case Number PUD- 136, subject to the draft conditions of approval listed in Exhibit A of Attachment 2.
5. Adopt Resolution No. 23-1377 approving the Affordable Housing Agreement. (Attachment 3)
Ellen Clark, Director of Community Development, and Eric Luchini, Senior Planner, presented the item and responded to questions by the City Council.
Project applicants Scott Travis, Jessica M., and Cecily Barclay, gave a presentation and responded to questions from Council.
Mayor Brown opened the public hearing. The following speakers provided public comment:
Victoria Yundt.
Mayor Brown closed the public hearing.
MOTION: It was m/s by Balch/ Arkin to approve the item as recommended with changes recommended to clean up clerical errors in condition of approval number 38 including reordering of the mitigation and implementation measures to better align with the addendum as well as minor language edits to clarify the intent of the mitigation and implementation measures to better coincide with the addendum for second reading and to add a covered entry. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown recessed the meeting at 8:48 p.m. and reconvened the meeting at 8:54 p.m.
14. Review proposed process change to the Capital Improvement project budgeting and provide direction to staff
Recommendation:
1. Review the information provided for the upcoming four- year Capital Improvement Program and two- year capital improvement project budgeting process and provide direction to staff regarding the proposed change to the process.
2. If City Council concurs with the proposed process change, staff requests the City Council review the projects that staff recommends be deferred or canceled and provide any other direction that may be helpful in developing the two- year capital budget and four- year capital improvement program.
Steve Kirkpatrick, Director of Engineering, Adam Nelkie, Assistant Director of Engineering, and Susan Hsieh, Director of Finance, presented the item and responded to questions.
Mayor Brown opened public comment. The following speaker provided public comment: Sharon Piekarski.
City Council Minutes Page 4 of 6 March 21, 2023
Mayor Brown closed public comment.
MOTION: It was m/s by Arkin/ Testa to approve recommendation number 1 affirming the process change and to consider previous projects. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MOTION: It was m/s by Testa/ Arkin to approve recommendation number 2 to keep all projects on the defer and delete list except line item 5, Design Phase 1 of Bernal Community Farm, to instead be designated as a "carry forward" project. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MOTION: It was m/s by Balch/ Arkin to redeploy and remove the funding from line item 33, Design Skatepark, and allocate those funds to priority projects and consider the funding at a later time.
Motion failed by the following vote:
Ayes: Councilmember Balch
Noes: Councilmembers Arkin, Nibert, Testa, Mayor Brown
Absent: None
15. Bi- annual update to the City Council regarding Police Department operations, services and activities
Recommendation: Receive update on police department operations, services and activities.
Police Chief David Swing presented the item and responded to questions.
Mayor Brown opened public comment. The following speaker provided public comment: John Bauer.
Mayor Brown closed public comment.
At 11: 01 p. m., by majority consensus, the City Council agreed to hear the remaining items on the agenda.
16. Review the results of the Police Department Community Survey Recommendation: Receive the results of the police department community survey.
Captain Kurt Schlehuber and Bryan Godbe with Godbe Research, presented the item and responded to questions from the Council.
Mayor Brown opened public comment. The following speakers provided public comment: Bill Foley and John Bauer.
Mayor Brown closed public comment.
City Council Minutes Page 5 of 6 March 21, 2023
17. ( 1) Receive annual military equipment use report for 2022; ( 2) Introduce and waive first reading of an ordinance amending Ordinance No. 2238 to amend the Pleasanton Police Department' s military equipment use policy to add equipment to the policy' s military equipment inventory, and 3) Adopt a Resolution accepting the Annual Military Use Report for 2022; Determining that the Police Department' s use of military equipment in 2022 complied with the standards of approval; and renewing the Military Equipment Use Policy
Recommendation:
1. Introduce and waive first reading of Ordinance No. 2246 amending Ordinance No. 2238 to amend the Pleasanton Police Department's Military Equipment Use Policy to add equipment to the policy' s military equipment inventory; and
2. Adopt Resolution No. 23- 1378 accepting the Annual Military Use Report for 2022= determining that the Pleasanton Police Department' s use of military equipment in 2022 complied with the standards of approval, and renewing the Military Equipment Use Report.
Police Chief David Swing, Captain Larry Cox, and Lieutenant Roy Gamez, presented the item and responded to questions from the Council.
Mayor Brown opened the public hearing. The following speakers provided public comment: Bill Foley and Ward Kanowsky.
Mayor Brown closed the public hearing.
MOTION: It was m/s by Balch/Nibert to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
By majority consensus, the Council directed staff to explore options to increase the City's revenues and present the options for discussion at a future Council meeting date in the next several months.
COUNCIL REPORTS — Councilmembers reported on regional and local agency meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 12:16 a.m.
Joffe yn Kw g, C Clerk
City Council Minutes Page 6 of 6 March 21, 2023