CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
April 18, 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
City Manager Beaudin noted that items 4 and 24a were amended, and that item 25 would be continued to a future Council meeting in May.
Councilmember Nibert pulled consent calendar item 15 for further discussion.
CONSENT CALENDAR
City Council
1. Ratify the Mayor' s appointments to City Commissions and Committees Recommendation: The Council is asked to ratify the Mayor' s appointments to various City commissions and committees, and regional board representatives, as listed in the attachment.
City Attorney
2. Adopt and waive second reading of Ordinance No. 2244 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 Recommendation: Adopt and waive second reading of Ordinance No. 2244 City Manager
3. Adopt a resolution appointing the Assistant City Manager to the Tri-Valley Community Television Board of Directors
Recommendation: Adopt and waive the full reading of Resolution No. 23- 1379 appointing Assistant City Manager Pamela Ott as the Pleasanton representation on the Tri- Valley Community Television Board of Directors.
4. Approve meeting minutes of March 7, and March 21, 2023 Recommendation: Approve the meeting minutes
Community Development
5. Actions of the Zoning Administrator
Recommendation: Approve the actions of the Planning Commission and Zoning Administrator.
6. Adopt and waive second reading of Ordinance No. 2245 approving an application for a Planned Unit Development ( PUD) Plan for Simon Property Group as filed under Case No. PUD- 136 Recommendation: Adopt and waive second reading of Ordinance No. 2245 approving an application for a Planned Unit Development (PUD) Plan for Simon Property Group as filed under Case No. PUD- 136
Engineering
7. Authorize a second budget amendment for the GHAD ( Geologic Hazard Abatement District) program' s special revenue fund as allocated in the operating budget for FY 2021/ 22 - FY 2022/ 23 Recommendation: Authorize a second budget amendment for the GHAD Division Special Revenue Fund as allocated in the FY 2021/ 22 - FY 2022/ 23 Operating Budget in the amount of $ 15, 071 for a total amended budget $ 79, 174 for the Laurel Creek CHAD.
Finance
8. Accept the Monthly Disbursements and Investment Report for February 2023 Recommendation: Accept report.
Fire
9. Public Hearing — Receive any protests and adopt a resolution to approve the 2023 Weed Abatement Program and authorizing the abatement of weeds, rubbish, dirt or refuse upon or in front of certain described properties within the city of Pleasanton Recommendation: Receive any protests to approve the 2023 weed abatement program and adopt and waive the full reading of Resolution No. 23- 1380.
Human Resources
10. Approve fourth amendment to the professional services agreement with Burke, Williams & Sorensen LLP for an increase of$ 250, 000 for a total not to exceed amount of$ 650, 000 for legal services
Recommendation: Authorize the City Manager to execute a Fourth Amendment to the Professional Services Agreement with Burke, Williams & Sorensen LLP.
Information Technology
11. Approve purchase agreement with DarkTrace for cybersecurity software and services in the amount of$ 714, 381 for a four- year period
City Council Minutes Page 2 of 7 April 18. 2023
Recommendation: Approve and authorize the City Manager to execute a purchase agreement with Darktrace for a four- year term.
Library and Recreation
12. Adopt a resolution authorizing the submittal of an application to the Alameda County Transportation Commission for Measure BB Funds for the Pleasanton Rides Door- to- Door Senior Citizen Program
Recommendation: Adopt and waive the full reading of Resolution No. 23-1381 authorizing the submittal of an application of the Alameda County Transportation Commission for Measure BB Funds.
13. Approve a multi- year agreement with the Livermore Pleasanton Umpires Association for adult softball umpire services in an amount not to exceed $ 267, 048 for up to five years Recommendation: Approve a multi- year agreement with the Livermore Pleasanton Umpires Association for adult softball umpire services for a minimum term of three years, and delegate to the City Manager the option to extend term for up to two additional years.
14. Approve establishing a new capital project, Cemetery storm repairs and renovations, for emergency tree services at the Pioneer Cemetery and reallocating $ 75, 000 from the Pleasanton Pioneer Cemetery Masterplan Implementation Reserve Fund, CIP No. 16446, to the new capital project
Recommendation: Approve establishing a new capital project, Cemetery Storm Repairs and Renovations for emergency tree services at the Pioneer Cemetery and reallocating $ 75, 000 from the Pleasanton Pioneer Cemetery Masterplan Implementation Reserve Fund, CIP No. 16446.
Operations Services
15. PULLED FOR DISCUSSION. Approve fourth amendment to agreement with Raftelis Financial Consultants, Inc. for an increase of $ 46, 150 for a total not to exceed amount of$ 259, 550 for water rate consulting services
16. Adopt a resolution to terminate the declaration of a local drought emergency, the declaration of a Stage 2 water shortage, mandatory 15 percent reduction in water usage, and Stage 2 drought rates
Recommendation: Concurrent with approval by the Zone 7 Board of Directors to end its drought emergency and mandatory conservation ( anticipated on April 19, 2023), staff recommends the City Council to adopt and waive the full reading of Resolution No. 23- 1382 to:
a) Terminate the local drought emergency declaration, and b) Terminate the declaration of the Stage 2 water shortage and the mandate of 15 percent reduction in water usage, and
c) Terminate the activation of the Stage 2 drought rates.
Police
17. Adopt and waive second 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
City Council Minutes Page 3 of 7 April 18, 2023
Recommendation: Adopt and waive second reading of Ordinance No. 2246 amending Ordinance No. 2238 to amend the Pleasanton Police Department' s Military Equipment Use Policy.
18. Adopt a resolution accepting the State Homeland Security Grant for vehicle incursion barriers in the amount of$ 168,000 and authorize a contract with Meridian Rapid Defense Group to purchase 16 barriers and associated equipment in the amount of$ 193, 811 Recommendation: Adopt and waive the full reading of Resolution No. 23- 1383 to accept the State Homeland Security Grant for vehicle barriers and authorize the City Manager to enter an agreement with Meridian Rapid Defense Group.
19. Approve special event street closures for the calendar year 2023 Recommendation: Approve the street closures for the 2023 Special Events.
MOTION: It was m/s by Arkin/ Testa to approve the consent calendar as recommended with modifications to items 4 and 24a, and excluding item 15. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MEETING OPEN TO THE PUBLIC
20. Presentation by the Pleasanton Art League recognizing April as Arts, Culture and Creativity Month Vice Mayor Balch presented the proclamation to recipient Meghana Mitragotri and members of the Arts League.
21. Presentation of a proclamation declaring April as Fair Housing Month Vice Mayor Balch presented the proclamation to recipients Diane Johansen and Geraldine Ramirez with Bay East Association of Realtors.
22. Public Comment regarding items not listed on the agenda Mayor Brown opened public comment. The following individuals provided comment: Gail Myers, Rob Seeley.
Mayor Brown closed public comment.
PUBLIC HEARINGS AND OTHER MATTERS
23. Receive presentation and informational report on the 2023 Eastern Alameda County Human Services Needs Assessment
Jay Ingram, Recreation Manager with Library and Recreation, introduced the following presenters:
Becky Reno, Deanna Lewis, Naomi Miller, Alison X, with JSI Research and Training Institute, Inc. who presented an informational report on the 2023 Eastern Alameda County Human Services Needs Assessment and responded to questions.
City Council Minutes Page 4 of 7 April 18, 2023
24. Public Hearing — Consider adoption of a resolution for the Housing and Human Services Grants and Community Grant Program:
a. Approve allocations for Housing and Human Services Grant and Community Grant Program Funds for the Fiscal Year 2023 grant funding cycle (City Fiscal Year 2023/24 Recommendation.-
1)
ecommendation:
1) Allocate $660,010 to fund applications reviewed by the Human Services Commission 2) Allocate $ 354, 348 from the Lower Income Housing Fund and $ 132, 655 in HOME funds for a total of $ 487, 003 to housing- related projects as recommended by the Housing Commission
3) Allocate funds in the amount of $ 87, 800 for Community Grants as recommended by the Civic Arts and Youth Commissions
4) Adopt Resolution No. 23-1384 and authorize the City Manager or designee to enter into individual contracts with agencies receiving funds and take all other actions necessary to carry out HHSG and CG programs for FY 2023/ 24
Jay Ingram, Recreation Manager, presented the overview of Human Services Grants.
At 8: 17 p.m. Councilmember Arkin recused from discussion and consideration of Human Services grants as she has received compensation from Hively.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed public comment.
All Councilmembers disclosed any volunteer work and donations contributed to the various grant recipients.
MOTION — Recommendation 1: It was m/s by Balch/ Testa to approve the Human Services Grants as recommended by the Human Services Commission. Motion passed by the following vote:
Ayes: Councilmembers Balch, Nibert, Testa, Mayor Brown Noes: None
Recused: Councilmember Arkin
At 8: 24 p. m., Councilmember Arkin returned to the meeting.
Steve Hernandez, Housing Division Program Manager, presented an overview of the Housing Grants.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed public comment.
Mayor Brown reopened public comment. Kay King answered questions from Council regarding the Tanager property. Mayor Brown closed public comment.
MOTION — Recommendation 2: It was m/s by Nibert/ Arkin to approve the Housing Grants as recommended by the Housing Commission. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
City Council Minutes Page 5 of 7 April 18, 2023
Jay Ingram, Recreation Manager, presented an overview of Community Grants.
Mayor Brown opened public comment. Kelly Elliott of Team Esteem answered questions from Council. Mayor Brown closed public comment.
MOTION — Recommendation 3: It was m/s by Arkin/ Testa to approve the Community Grants as recommended by the Civic Arts and Youth Commissions. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MOTION — Recommendation 4: It was m/s by Arkin/ Testa to approve the resolution as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown recessed the meeting at 8:49 p.m. and reconvened the meeting at 8:55 p.m. b. Approve the Annual Action Plan for Fiscal Year 2023/ 24 for the use of federal Community Development Block Grant ( CDBG) funds and authorize a Memorandum of Understanding with the City of Livermore for environmental review of the CDBG- funded Tri-Valley Haven Emergency Shelter Rebuild Project
Recommendation: Approve the Annual Action Plan for federal Fiscal Year 2023; direct staff to submit the plan to U.S. Department of Housing and Urban Development by May 16, 2023; authorize the City Manager or designee to negotiate and execute and related documents, agreements, and modifications related to the Annual Action Plan; and authorize the City Manager or designee to enter into a Memorandum of Understanding with the City of Livermore as lead agency to undertake and complete a joint Environmental review for the Tri- Valley Haven' s Emergency Shelter Rebuild Project.
Steve Hernandez, Housing Division Program Manager, presented an overview of the item.
MOTION: It was m/s by Arkin/ Nibert to approve the annual action plan as recommended by staff.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
25. ITEM CONTINUED. Adopt a resolution declaring a water shortage due to infrastructure limitations and requesting voluntary 15 percent reduction in water usage
26. Consent Calendar Item 15. Approve fourth amendment to agreement with Raftelis Financial Consultants, Inc. for an increase of $ 46, 150 for a total not to exceed amount of$ 259, 550 for water rate consulting services
City Council Minutes Page 6 of 7 April 18, 2023
Recommendation: Approve and authorize the City Manager to execute the amendment with Raftelis Financial Consultants, Inc. for an increase of $ 46, 150 and extend the term of the agreement through December 31, 2023.
Tamara Baptista, Interim Director of Operations Services, presented the item.
Mayor Brown opened public comment. The following individuals provided comment: Rob Seeley, Linda Kelly.
Mayor Brown closed public comment.
MOTION: It was m/s by Nibert/ Balch as recommended by staff to approve fourth amendment with Raftelis Financial Consultants, Inc. for an increase of$ 46, 150 for water rate consulting services and when feasible, to accelerate the timeline of the committee' s review for phase 1 of the water rate increases. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
With majority consensus, Councilmember Balch requested a memorandum with additional analysis of the Water Enterprise Fund trajectory.
With majority consensus, Mayor Brown requested a future discussion about municipal bonds or other financing options specifically for water treatment to be added into consideration along with the broader revenue generating options previously requested by Council on March 21, 2023.
COUNCIL REPORTS — Councilmembers reported on regional and local agency meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 9:57 p.m.
Jocelyn Kw ng, ty Clerk
City Council Minutes Page 7 of 7 April 18. 2023