CITY OF PLEASANTON
CITY COUNCIL MEETING MINUTES
June 20, 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.
Vice Mayor Balch provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Testa, Mayor Brown
Absent: Councilmember Nibert
AGENDA AMENDMENTS
Mayor Brown requested to pull item 11 from the Consent Calendar for further discussion. Item 11 moved to item 19 on the agenda.
Vice Mayor Balch recused from item 5 because the contract named party is a source of income to him.
CONSENT CALENDAR
City Manager
1. Approve meeting minutes of May 31, June 6, and June 8, 2023 Recommendation: Approve meeting minutes of May 31, June 6, and June 8, 2023.
Community Development
2. Actions of the Zoning Administrator and Planning Commission Recommendation: Approve the actions of the Zoning Administrator and Planning Commission.
3. Authorize staff to submit a federal grant application to the United States Department of Transportation for the Safe Streets and Roads for All — Planning and Demonstration grant, for up to $ 300, 000 in grant funding
Recommendation: Authorize staff to submit a federal grant application to the US DOT for the SS4A Planning and Demonstration Grant for up to $ 300, 000.
Engineering
4. Public Hearing —_ Adopt resolutions approving the 2023/ 24 annual assessments for Landscape Maintenance Districts 1984- 1 ( Ponderosa- Del Prado), 1993- 1 ( Windsor), 1993- 2 ( Bonde Ranch), 1994- 1 ( Oak Tree Farm) and 1995- 1 ( Moller Ranch)
Recommendation:
1. Open and hold a public hearing to receive comments regarding the levy of annual assessments for each of the Landscape Maintenance Districts.
2. Waive the full reading and adopt Resolution No. 23- 1399, Resolution No. 23- 1400, Resolution No. 23-1401, Resolution No. 23-1402, Resolution No. 23-1403 approving the 2023/ 24 annual assessments for Landscape Maintenance Districts.
3. Appropriate $ 11,560 from the applicable City funds ( General Fund, Water Fund, and Sewer Fund) to the respective Landscape Maintenance Districts.
5. Approve design professional services agreements for on-call geotechnical engineering and material testing services with the firms of ENGEO Incorporated, Geocon Consultants, Inc., and BSK Associates for total aggregate not-to-exceed amount of $500,000 between July 1, 2023 and June 30, 2026, with the option of two one- year extensions
Vice Mayor Balch recused from item 5 due to his association with BSK Associates.
Recommendation:
1. Approve design professional services agreements with ENGEO Incorporated, Geocon Consultants, Inc., and BSK Associates to provide on-call geotechnical engineering and material testing services in the total aggregate not- to- exceed amount of$ 500, 000 between July 1, 2023, and June 30, 2026, with the option of two one- year extensions.
2. Authorize the City Manager to execute the attached design professional services agreements.
3. Authorize the Director of Engineering or designee to approve task authorizations up to 100, 000, and if an individual task authorization is greater than $ 100, 000 direct that it will be presented to City Council for consideration.
6. Approve design professional services agreement for on- call general architectural services with Interactive Resources, Inc., LCA Architects, Inc., and AC Martin, Inc. for total aggregate not- to- exceed amount of$ 500, 000 between July 1, 2023 and June 30, 2026, with the options of two one- year extensions
Recommendation:
1. Approve design professional services agreements with Interactive Resources, Inc., LCA Architects, Inc., and AC Martin, Inc. to provide on- call general architectural services in the total aggregate not- to- exceed amount of $ 500, 000 between July 1, 2023, and June 30, 2026, with the option of two one- year extensions.
2. Authorize the City Manager to execute the attached design professional services agreements.
3. Authorize the Director of Engineering or designee to approve individual task authorizations up to $ 100, 000 each, and if an individual task authorization is greater than $ 100, 000 direct that it will be presented to City Council for consideration.
7. Approve design professional services agreement for on-call land surveying and drafting services with Kier& Wright Civil Engineers and Land Surveyors, Inc., and Sandis Civil Engineers Surveyors Planners for total aggregate not-to-exceed amount of$ 400,000 between July 1, 2023 and June 30, 2026, with the option of two one- year extensions
Recommendation:
1. Approve design professional services agreements with Kier& Wright Civil Engineers and Land Surveyors, Inc., and Sandis Civil Engineers Surveyors Planners to provide on- call land surveying and drafting services in the total aggregate not-to-exceed amount of City Council Minutes Page 2 of 6 June 20, 2023
400, 000 between July 1, 2023, and June 30, 2026, with the option of two one- year extensions.
2. Authorize the City Manager to execute the attached design professional services agreements.
3. Authorize the Director of Engineering or designee to approve individual task authorizations up to $ 100, 000 each, and if an individual task authorization is greater than $ 100, 000 direct that it will be presented to City Council for consideration.
Finance
8. Accept the Monthly Disbursements and Investment Report for April 2023 Recommendation: Accept the claim disbursements in the amount of $ 40, 095, 696 and the investment report for the month of April 2023.
9. Adopt a resolution approving fiscal year 2023/ 24 Investment Policy and Guidelines of the City of Pleasanton
Recommendation: Waive the full reading and adopt Resolution No. 23- 1404 approving fiscal year 2023/ 24 Investment Policy and Guidelines.
10. Approval of fiscal year 2023/ 24 Recurring Purchase Order Agreements Recommendation: Authorize the issuance of RPOAs to vendor and amounts up to those listed on attachment 1 of the agenda report for FY 2023/ 24.
Library and Recreation
11. Pulled for further discussion — moved to item 19 — Introduce and waive first reading of an ordinance to permit e- bikes on trails and pathways, and in parks and recreation facilities, subject all bikes to a 15 mph speed limit or slower for safe operation, and other regulations, by amending Municipal Code Title 11 Vehicles and Traffic and Chapter 13. 08 Parks and Recreation Facilities Operations Services
12. Approve a Five- Year Agreement with Smart Energy Water Systems, Inc., for a total not to exceed amount of$ 561, 143 for the City' s Customer Service Web Portal for Utility Billing Recommendation: Approve and authorize the City Manager to execute the Software Agreement with Smart Energy Systems, Inc., in the amount of$ 561, 143 inclusive of a 15 percent contingency, covering a period of five years ( July 1, 2023, through June 30, 2028).
13. Approve amendment to the purchase order with Hach Company to increase the not to exceed amount from $ 99, 000 to $ 125, 000 for fiscal year 2022/ 23 Recommendation: Authorize the City Manager to amend the purchase order with Hach Company by increasing the not- to- exceed amount from $ 99, 000 to $ 125, 000 for FY 2022/ 23.
Police
14. Adopt a resolution of the City Council of the City of Pleasanton authorizing application to the Board of State and Community Corrections' Organized Retail Theft Prevention grant program City Council Minutes Page 3 of 6 June 20, 2023
Recommendation: Waive the full reading and adopt Resolution No. 23-1405 authorizing the City Manager to submit an application for a California Board of State and Community Corrections' Organized Retail Theft Prevention Grant.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Arkin/ Testa to approve the consent calendar as recommended with the exception of item 11 which was moved to item 19 on the agenda, and with the recusal of Vice Mayor Balch from item 5. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Testa, Mayor Brown Noes: None
Absent: Councilmember Nibert
MEETING OPEN TO THE PUBLIC
15. 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: Brian Jewell, Chris Lewellyn, Jason Hunter, Barry Boccasile, Kayla Furphy, Ricky Barcelo, Bill Evans, Bryan Tor.
Mayor Brown closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
If necessary to ensure completion of the following items, the Mayor may alter time limits.
16. Continued from June 6, 2023— Public Hearing — Adopt a resolution amending the adopted Land Use Element and 2023- 2031 ( 6th Cycle) Housing Element of the General Plan in response to comments from the State Department of Housing and Community Development Recommendation: Waive the full reading and adopt Resolution No. 23- 1406 amending the adopted Land Use Element and 2023- 2031 ( 6th Cycle) Housing Element of the General Plan with amendments to the sites inventory to delete the Kaiser Site ( APN 941- 120105203) and add Area 20 ( Boulder Street), or if necessary, Area 11 (Old Santa Rita Road) with an assumed capacity of no more than 250 units.
Megan Campbell, Associate Planner and Ellen Clark, Director of Community Development, gave a presentation and responded to questions.
Mayor Brown opened the public hearing. The following individuals provided comment: Allen Aldrich, Karen Isbell, Jeff Bonde, and Dean Wallace.
Mayor Brown closed the public hearing.
Mayor Brown reopened the public comment at 8:25 p.m. and the following individual provided comment: Karen Isbell.
MOTION: It was m/ s by Balch/ Arkin to adopt the resolution and approve the item as recommended with the modification to remove Area 11 ( Old Santa Rita Road). Motion passed by the following vote:
City Council Minutes Page 4 of 6 June 20, 2023
Ayes: Councilmembers Arkin, Balch, Testa, Mayor Brown Noes: None
Absent: Councilmember Nibert
17. Introduction of proposed Memorandum of Understanding between the Livermore- Pleasanton Fire Department Joint Powers Authority and the International Association of Battalion Chiefs, Local 1974 with term ending June 30, 2025
Recommendation: Obtain public input and provide comment regarding the key elements of the tentative agreement negotiated between IAFF, Battalion Chiefs and the Livermore- Pleasanton Fire Department ( LPFD) Joint Powers Authority ( JPA). The item will be scheduled on the July 18, 2023, City Council meeting for consideration and approval.
Veronica Thomas, Director of Human Resources and Labor Relations, and Tim Davis from Burke Williams and Sorensen, gave a presentation.
Mayor Brown opened public hearing. There being no public comment, Mayor Brown closed the public hearing.
Mayor Brown called a recess at 8:43 p.m. and reconvened at 8:49 p.m.
18. Consideration of the following Waste and recycling matters:
a. Consider and adopt a resolution to approve rates for solid waste, recyclable materials, and organic materials collections for Fiscal Year 2023/ 2024 as required by the Franchise Agreement between the City and Pleasanton Garbage Service Inc
Recommendation:
Waive the full reading and adopt Resolution No. 23- 1407 approving rates for solid waste, recyclable materials, and organic materials collection for fiscal year 2023/ 2024 as required by the franchise agreement between the City and PGS.
Staff Recommendation — Adopt a rate increase of 7.3 percent as indicated by index rate application after the adjustment for mid- year special rate adjustment in rate period five.
Alternative Recommendation 1 — Adopt a rate increase of 6 percent, employing the 6 percent cap allowed in the Franchise Agreement, and carry- forward $ 417, 786 ( 1.3 percent) to rate period seven.
Alternative Recommendation 2 — Adopt a rate increase of 6.65 percent, employing the 6 percent cap allowed in the Franchise Agreement, and carry- forward $ 210, 033 ( 0. 65 percent) to rate period seven.
Becky Hopkins, Assistant to the City Manager, and Dave Hilton, consultant with HF& H, gave a presentation and responded to questions.
Mayor Brown opened public hearing. The following individuals provided comment: Gordon Galvan.
Mayor Brown closed the public hearing.
b. Adopt a resolution to direct that the funds in the 35-gallon residential cart migration liability account held by Pleasanton Garbage Service Inc., be remitted to the City by September 30, 2024, and those funds be held in the City' s PGS special revenue reserve Fund 171 to be used for waste and recycling related expenses
City Council Minutes Page 5 of 6 June 20, 2023
Recommendation: Waive the full reading and adopt Resolution No. 23- 1408 to direct the funds in the 35-gallon residential cart migration liability account held by Pleasanton Garbage Service, Inc., to be remitted to the City by September 30, 2024, and for those funds to be held in the City' s PGS special revenue reserve fund 171 to be used for waste and recycling related expenses.
Mayor Brown opened public hearing. The following individuals provided comment: Gordon Galvan.
The City Council and staff noted that the September 30, 2024 date to submit the fee payment is not subject to a payment penalty.
MOTION Items 18a and 18b: It was m/s by Arkin/Testa to approve and adopt the resolutions as recommended by staff. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Testa, Mayor Brown
Noes: Councilmember Balch
Absent: Councilmember Nibert
19. Introduce and waive first reading of an ordinance to permit e-bikes on trails and pathways, and in parks and recreation facilities, subject all bikes to a 15 mph speed limit or slower for safe operation, and other regulations, by amending Municipal Code Title 11 Vehicles and Traffic and Chapter 13.08 Parks and Recreation Facilities
Recommendation: Introduce and waive first reading of Ordinance No. 2247 to permit e- bikes on trails and pathways.
Wes Cheung, Deputy City Attorney, gave a presentation and responded to questions.
Mayor Brown opened public hearing. The following individuals provided comment: Sharon Piekarski and Dean Wallace.
Mayor Brown closed the public comment.
MOTION: It was m/s by Arkin/ Balch to Introduce and waive first reading of Ordinance No. 2247 as recommended with the addition of community education and signage marking on trails. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Testa
Noes: Mayor Brown
Absent: Councilmember Nibert
MATTERS INITIATED BY COUNCIL — None.
COUNCIL REPORTS
Councilmembers reported on regional and local agency meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 10:27 p.m.
I
J
Johlyn Kw ng, y Clerk
City Council Minutes Page 6 of 6 June 20, 2023