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MOTION: It was m/s by Narum/Pentin to adopt and waive full reading of Resolution No. 20-1147. Approving for a Planned Unit Development (PUD) Major Modification to remove an existing PUD (PUD- 89-6) condition of approval prohibiting a drive-through restaurant on 'Pad B' within Phase III of the Rose Pavilion Shopping Center. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Approve agreement with Pakpour Consulting Group in the amount of $375,000 for as needed engineering services to support the MCINerizon fiber installation Director of Engineering, Steve Kirkpatrick, presented the plans of MCINerizon to install fiber optic cable throughout the City's right-of-way. He stated that the City is limited in what it can do with respect to allowing this work and that the City's job is to manage the right-of-way, make sure the work is done properly and the City's paving is restored, minimizing the impacts to City streets. This agreement with Pakpour Consulting Group will augment the City's ability to review the project plans and issue encroachment permits. MCINerizon has agreed to full cost recovery. Dan Sodergren, City Attorney, gave a brief update on the Small Cell Order implemented in 2018, which is being challenged in the courts. City Attorney Sodergren clarified for Councilmember Pentin that the contract is to identify the ability to bring fiber to the City which will support 5G in the future, it does not contest the 5G issue itself. Councilmember Testa questioned the lawsuits concerning the Small Cell Order. City Attorney Sodergren clarified that the City is involved in the lawsuit through the League of California Cities. Councilmember Testa noted that many Pleasanton residents are concerned with the negative impacts of 5G on their health and welfare. She stated that she would like more information on the lawsuits and would like to revisit what the City can do regarding the concerns of residents. In response, City Attorney Sodergren stated he will follow up on the lawsuits. Mayor Thorne commented that he looks forward to an update from City Attorney Sodergren concerning U.S. Transportation Secretary Elaine Chao's proposed plan. MOTION: It was m/s by Brown/Narum to approve and authorize the City Manager to execute the agreement with Pakpour Consulting Group in the amount of $375,000 for as needed engineering services to support the MCINerizon fiber installation. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None 6. Adopt a resolution approving the 2020 Weed Abatement Program and declaring weeds, rubbish, dirt, or refuse upon or in front of certain properties constitute public nuisances, that they be abated, and set May 19, 2020 as the public hearing date to hear protest City Manager Nelson Fialho presented the item. City Council Minutes Page 4 of 5 April 21, 2020