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October 5, 2021 Regular City Council Meeting Packet
October 05, 2021 Dublin City Council Regular Meeting Agenda COUNCILMEMBERS Council Chamber Melissa Hernandez, Mayor Dublin Civic Center Shawn Kumagai, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Sherry Hu, Councilmember www.dublin.ca.gov Michael McCorriston, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, October 5, 2021 Location: City Council Chamber City Hall 100 Civic Plaza Dublin, CA 94568 Regular Meeting 7:00 PM This meeting will be held in person for the public, and all members of the City Council will be participating in person from the City Council Chamber at City Hall, 100 Civic Plaza, Dublin, California. Pursuant to Alameda County Health Officer Order No. 21-03, members of the public attending the meeting must wear a face covering over the nose and mouth at all times while indoors, even while speaking at the podium. Additional Meeting Procedures Available During the COVID-19 Pandemic This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv28live.org and on the City’s website at: https://dublin.ca.gov/1604/Meetings-Agendas-Minutes- Video-on-Demand Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures: Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, October 5, 2021. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform. When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. 1 October 05, 2021 Dublin City Council Regular Meeting Agenda 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1 Employee Introductions New City of Dublin Staff members, Yvonne Taylor, Recreation Coordinator with Parks and Community Services; Allison Schuster, Assistant Planner with Community Development; and Elisabeth Hogue, Office Assistant II with Parks and Community Services, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. Staff Report 3.2 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a futur e City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may r equest the Mayor to remove the item. 4.1 Approval of the September 21, 2021 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the September 21, 2021 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 21, 2021 Regular City Council Meeting. Staff Report Attachment 1 - September 21, 2021 Regular City Council Meeting Minutes 4.2 Establish New Commercial Vehicle Parking Restrictions on Sierra Court, Sierra Lane, and Trinity Court and Remove Existing Time-limited Parking on Sierra Court The City Council will consider establishing commercial vehicle parking restrictions on Sierra Court, Sierra Lane, and Trinity Court, from 8:00 p.m. to 6:00 a.m., and establishing commercial vehicle parking prohibitions on Sierra Lane in front of the Tralee Village mixed-use development. The City Council will also consider removing certain existing time-limited parking restrictions on Sierra Court. This action will improve sight distance 2 October 05, 2021 Dublin City Council Regular Meeting Agenda at driveways, reduce unsightly views of large trailers, enhance the appearance of roadways, and benefit the residents and businesses in the area. STAFF RECOMMENDATION: Adopt the Resolution Amending the Dublin Traffic Code Approving Commercial Vehicle Parking Restriction on Sierra Court, Sierra Lane, and Trinity Court and Removing Existing Time-Limited Parking on Sierra Court. Staff Report Attachment 1 - Resolution Amending the Dublin Traffic Code Approving Commercial Vehicle Parking Restriction on Sierra Court, Sierra Lane and Trinity Court and Removing Existing Time-Limited Parking on Sierra Court Attachment 2 - Proposed Parking Restrictions on Sierra Court, Sierra Lane and Trinity Court Attachment 3 - Community Feedback Summary Map 4.3 Approving the Purchase of Computers and Related Equipment from Dell Marketing, L.P. The City Council will consider the use of Dell Marketing, L.P. as the City’s primary vendor for computers and related equipment for the City’s daily business operations. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell Marketing, L.P. Staff Report Attachment 1 - Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell Marketing, L.P. Attachment 2 - Exhibit A to the Resolution - NASPO ValuePoint Master Agreement and Amendments 1, 2, and 3 4.4 Tract 8372 Ivy, Vine, & Avalon at Boulevard and Tract 8460 Avalon West Dublin – Final Map Notice The City Council will receive a notification of the City Engineer’s pending approval of the Final Map for Tract 8372 Ivy, Vine, and Avalon at Boulevard and the F inal Map for Tract 8460 Avalon West Dublin. STAFF RECOMMENDATION: Receive the notification. Staff Report Attachment 1 - Tract 8372 Final Map Attachment 2 - Tract 8460 Final Map 4.5 Grant of Public Right-of-Way for St. Patrick Way The City Council will consider granting City properties as St. Patrick Way public street right-of-way. STAFF RECOMMENDATION: Adopt the Resolution Granting Public Right-of-Way for St. Patrick Way over Assessor Parcel Numbers 941-1500-045-01 (6600 Golden Gate Drive) and 941-1500-047-04 (6700 Golden Gate Drive). Staff Report 3 October 05, 2021 Dublin City Council Regular Meeting Agenda Attachment 1 - Resolution Granting Public Right -of-Way for St. Patrick Way over Assessor Parcel Numbers 941-1500-045-01 (6600 Golden Gate Drive) and 941-1500-047-04 (6700 Golden Gate Drive) Attachment 2 - Exhibit A to the Resolution - Public Right-of-Way Dedication, St. Patrick Way 4.6 Alameda County A-1 Bond Fund Commitment to Eden Housing The City Council will consider authorizing the commitment of $5,048,319 in Alameda County Measure A-1 Bond funds to an affordable rental housing project proposed at 6541- 6543 Regional Street. Eden Housing would develop the 1.3-acre property with 113 units to serve very-low- and low-income seniors. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Commitment of $5,048,319 in Alameda County Measure A-1 Bond Funds from Dublin’s Base City Allocation to Eden Housing. Staff Report Attachment 1 - Resolution Authorizing the Commitment of $5,048,319 in Alameda County Measure A-1 Bond Funds to Eden Housing 4.7 Recap of Splatter 2021 The City Council will receive a report that recaps Splatter 2021, which took place September 18, 2021 at Emerald Glen Park. STAFF RECOMMENDATION: Receive the report. Staff Report 5. WRITTEN COMMUNICATION – None. 6. PUBLIC HEARING 6.1 Dublin Municipal Code Amendments to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036) The City Council will consider an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by the Novel Coronavirus (COVID-19) and public health orders of the federal, state, or county government designed to slow the transmission of COVID -19. The waiver authority would be limited to those requirements and/or standards that would not result in an increase in intensity of use beyond what is otherwise allowed, as applicable. The Ordinance would remain in effect until September 30, 2022, or until orders are lifted, whichever occurs later. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE the Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders. Staff Report 4 October 05, 2021 Dublin City Council Regular Meeting Agenda Attachment 1 - Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders Attachment 2 - Planning Commission Resolution Recommending Approval Attachment 3 - COVID-19 Temporary Use Permits Item 6.1 - PowerPoint Presentation 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS – None. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability- related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. 5 5 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 3.1 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Employee IntroductionsPrepared by:Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY:New City of Dublin Staff members, Yvonne Taylor, Recreation Coordinator with Parks and Community Services; Allison Schuster, Assistant Planner with Community Development; and Elisabeth Hogue, Office Assistant II with Parks and Community Services, will be introduced. STAFF RECOMMENDATION:Welcome to the new City of Dublin Staff members. FINANCIAL IMPACT:None. DESCRIPTION:New City of Dublin Staff members, Yvonne Taylor, Recreation Coordinator with Parks and Community Services; Allison Schuster, Assistant Planner with Community Development; and Elisabeth Hogue, Office Assistant II with Parks and Community Services, will be introduced to the City Council. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:None. 6 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the September 21, 2021 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 21, 2021 Regular City Council Meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the September 21, 2021 Regular City Council Meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) September 21, 2021 Regular City Council Meeting Minutes DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the September 21, 2021 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: September 21, 2021 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 21, 2021 Regular Meeting A regular meeting of the Dublin City Council Regular Meeting was held on Tuesday, September 21, 2021, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Hernandez. 1)Call to Order Attendee Name Status Melissa Hernandez, Mayor Present Shawn Kumagai, Vice Mayor Present Jean Josey, Councilmember Present Michael McCorriston, Councilmember Present Sherry Hu, Councilmember Present 2)Pledge of Allegiance 3)Oral Communications 3.1)Public Comment Shirley Lewandowski provided public comment. Kelly Abreu provided public comment. Spojmie Nasiri provided public comment. Tom Evans provided public comment. 4)Consent Calendar 4.1)Approval of the September 7, 2021 Regular City Council Meeting Minutes 4.2)Adopt Resolution No. 106-21 titled, “Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements.” 8 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 21, 2021 4.3)Approved design proposals for the recovered wood temporary art project as recommended by the Heritage and Cultural Arts Commission and approved the budget change. 4.4)Adopted Resolution No.107-21 titled, “Approving a License Agreement with Pacific Gas and Electric (PG&E) Regarding a Public Safety Power Shutoff Customer Resource Center at the Shannon Community Center.” 4.5)Received a listing of payments issued from August 1, 2021 - August 31, 2021 totaling $13,018,521.71. 4.6)Approved the following proclamations for the month of October in the City of Dublin: Walk and Roll to School, Fire Prevention Week, Red Ribbon Week, National Bullying Prevention Month, National Energy Action Month, National Breast Cancer Awareness Month, National Domestic Violence Awareness Month, National Youth Justice Awareness Month, National Disability Employment Awareness Month, National Arts and Humanities Month, and Manufacturing Day. 4.7)Adopted Resolution No. 108-21 titled, “Approving, Authorizing and Directing the Execution of a Joint Exercise of Powers, Agreement By and Between the City of Dublin and the California Statewide Communities Development Authority to Form the Dublin Financing Authority.” 4.8)Resolution in Support of Afghan Refugees and the People of Afghanistan Item 4.8 was pulled from the Consent Calendar by Vice Mayor Kumagai for further discussion and public comment. Sameena Usman provided public comment. Eman Tai provided public comment. Vice Mayor Kumagai read a portion of the Resolution. On motion by Vice Mayor Kumagai, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No.109-21 titled, “In Support of Afghan Refugees and the People of Afghanistan.” 9 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 21, 2021 RESULT:ADOPTED [UNANIMOUS] MOVED BY:Shawn Kumagai, Vice Mayor SECOND:Jean Josey, Councilmember AYES:Hernandez, Kumagai, Josey, McCorriston, Hu 4.9)Adopted Resolution No. 110-21 titled, “Amending the Benefit Plan.”; Resolution No. 111-21 titled, “Amending the Classification Plan.”; Resolution No. 112-21 titled, “Amending the Salary Plan for Management Positions Exempt from Competitive Service.”; and Resolution No. 113-21 titled, “Amending the City of Dublin Position Allocation Plan for Fiscal Year 2021-22; and approve the Budget Change.” On Motion by Vice Mayor Kumagai, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar. RESULT:ADOPTED [UNANIMOUS] MOVED BY:Shawn Kumagai, Vice Mayor SECOND:Jean Josey, Councilmember AYES:Hernandez, Kumagai, Josey, McCorriston, Hu 5)Written Communication -None. 6)Public Hearing 6.1)Approval and Authorization of the City of Dublin and the Dublin Financing Authority to Execute the Sale and Issuance of 2021 Lease Revenue Bonds with an Estimated Aggregate Principal Amount of Not-To-Exceed $22 Million to Finance Energy Efficiency Capital Improvements and Approving Form and Execution of Related Documents The City Council received a presentation regarding the sale and issuance of 2021 lease revenue bonds with an estimated aggregate principal amount of not- to-exceed $22 million to finance energy efficiency capital improvements, and approval of the execution of related documents. Mayor Hernandez opened the public hearing. Tom Evans provided public comment. Mayor Hernandez closed the public hearing. 10 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 21, 2021 By motion of Vice Mayor Kumagai, seconded by Councilmember Josey, and by unanimous vote, the City Council Adopted Resolution No. 114-21 titled, “Authorizing the Issuance and Sale of 2021 Lease Revenue Bonds to Finance Energy Efficiency Capital Improvements for the City of Dublin and Approving Related Documents and Official Actions.” RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Michael McCorriston, Councilmember AYES:Hernandez, Kumagai, Josey, McCorriston, Hu 7)Unfinished Business 7.1)Amador Station Community Benefit Program Agreement and Affordable Housing Assistance Agreement (PLPA-2021-00019) The City Council received a presentation regarding a Community Benefit Program Agreement and Affordable Housing Assistance Agreement with BRIDGE Dublin LLC for the development of 300 units of affordable housing on a 3.6-acre site located on Golden Gate Drive adjacent to the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan Transit-Oriented District. Richard Li provided public comment. Glenn Loveall provided public comment. Sophia DeWitt provided public comment. By motion of Mayor Hernandez, seconded by Vice Mayor Kumagai, and by unanimous vote, the City Council Adopted Resolution No. 115-21 titled, “Approving the Community Benefit Program Agreement and Affordable Housing Assistance Agreement Between the City of Dublin and BRIDGE Dublin LLC.” RESULT:ADOPTED [UNANIMOUS] MOVED BY:Melissa Hernandez, Mayor SECOND:Shawn Kumagai, Vice Mayor AYES:Hernandez, Kumagai, Josey, McCorriston, Hu Mayor Hernandez called for a five-minute recess at 9:20 p.m. Mayor Hernandez called the meeting to order at 9:27 p.m. 11 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 21, 2021 8)New Business 8.1)Approval of a CEQA Addendum and Conceptual Plan for Wallis Ranch Community Park The City Council received a presentation about an Addendum to the Eastern Dublin Environmental Impact Report, the 2005 Dublin Ranch West Supplemental Environmental Impact Report, and the conceptual plan for Wallis Ranch Community Park Project. By motion of Councilmember Hu, seconded by Councilmember Josey, and by unanimous vote, the City Council Adopted Resolution No. 116-21 titled, “Approving an Addendum to the Eastern Dublin Environmental Impact Report and 2005 Dublin Ranch West Supplemental Environmental Impact Report and Approving the Wallis Ranch Community Park Conceptual Plan (CIP No. PK0421).” RESULT:ADOPTED [UNANIMOUS] MOVED BY:Sherry Hu, Councilmember SECOND:Jean Josey, Councilmember AYES:Melissa, Kumagai, Josey, McCorriston, Hu 9)Other Business By consensus, the City Council directed Staff to add a proclamation in the month of May recognizing National Correctional Officers Week. 10)Adjournment Mayor Hernandez adjourned the meeting at 10:04 p.m. Mayor ATTEST: City Clerk 12 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.2 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Establish New Commercial Vehicle Parking Restrictions on Sierra Court, Sierra Lane, and Trinity Court and Remove Existing Time-limited Parking on Sierra CourtPrepared by:Sai Midididdi,Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY:The City Council will consider establishing commercial vehicle parking restrictions on Sierra Court, Sierra Lane, and Trinity Court, from 8:00 p.m. to 6:00 a.m., and establishing commercial vehicle parking prohibitions on Sierra Lane in front of the Tralee Village mixed-use development.The City Council will also consider removing certain existing time-limited parking restrictions on Sierra Court. This action will improve sight distance at driveways, reduce unsightly views of large trailers, enhance the appearance of roadways, and benefit the residents and businesses in the area. STAFF RECOMMENDATION:Adopt the Resolution Amending the Dublin Traffic Code Approving Commercial Vehicle ParkingRestriction on Sierra Court, Sierra Lane and Trinity Court and Removing Existing Time-Limited Parking on Sierra Court. FINANCIAL IMPACT:The cost to implement commercial vehicle parking restrictions by installing appropriate signs and to remove the existing green curb can be accommodated in the Fiscal Year 2021-22 street maintenance budget. DESCRIPTION:BackgroundPublic Works and Dublin Police Services Staff received complaints regarding issues caused bycommercial vehicle and truck parking on Sierra Court and Sierra Lane. Business park and industrial land uses front Sierra Court while business, commercial, and residential land uses front Sierra Lane. Property owners, residents, and businesses expressed concerns related to 13 Page 2 of 3 commercial vehicles and trucks parking overnight and leaving trailers and trash on the street. Additionally, residents along Sierra Lane are concerned about overnight truck parking causing unsightly views and disruptive noise. Truck parking in this area can also create visibility issues for vehicles exiting driveways. These issues were discussed at the Traffic Safety Committee meeting and the Committee initially recommended implementing a two-hour parking zone on Sierra Lane during business hours and providing a two-hour parking zone for vehicles over 6 feet high on Sierra Court.Community OutreachPublic Works Staff reviewed the Committee recommendation and reached out to business owners seeking feedback on the following parking recommendations:1.A two-hour parking limit for all vehicles from 6:00 a.m. to 8:00 p.m. and no commercial parking (trucks) from 8:00 p.m. to 6:00 a.m. fronting business and commercial usesalong both sides of the street on Sierra Court, Sierra Lane, and Trinity Court.2.No commercial parking at any time on the south side of Sierra Lane fronting residential uses.Community feedback, summarized in a map and shown in Attachment 3, showed strong support for the recommended implementation of commercial vehicle parking restrictions on Sierra Lane, Sierra Court, and Trinity Court to address the truck parking issues. The two-hour parking limit for all vehicles was not supported by several businesses and is not included in the final recommendations. None of the responses expressed opposition to the proposed commercial vehicle parking restrictions on the south side of Sierra Lane fronting residential uses. Business owners along Sierra Court also provided feedback that the existing time-limited parking along 6908 Sierra Court (Shamrock Office Solutions) was no longer required, and Staff is recommending removal of this parking restriction.Staff RecommendationsBased on the results of the community outreach and feedback, Staff recommends the following changes to parking restrictions.1. Prohibit commercial vehicle parking on Sierra Court, Sierra Lane, and Trinity Court from 8:00 p.m. to 6:00 a.m.2. Prohibit commercial vehicle parking at all times on the south side of Sierra Lane fronting the residential uses in the Tralee Village development.3. Remove existing time-limited parking (green curb) fronting 6908 Sierra Court.Staff recommendations are shown graphically on Attachment 2. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: 14 Page 3 of 3 Outreach to adjacent businesses and properties was conducted. Letters were mailed to all the business owners on Sierra Court, Sierra Lane, and Trinity Court informing them of the recommendations. The City Council Agenda was posted. ATTACHMENTS:1) Resolution Amending the Dublin Traffic Code Approving Commercial Vehicle Parking Restrictions on Sierra Court, Sierra Lane, and Trinity Court and Removing Existing Time-limited Parking on Sierra Court2) Proposed Parking Restrictions on Sierra Court, Sierra Lane, and Trinity Court3) Community Feedback Summary Map 15 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE DUBLIN TRAFFIC CODE APPROVING COMMERCIAL VEHICLE PARKING RESTRICTIONS ON SIERRA COURT, SIERRA LANE, AND TRINITY COURT AND REMOVING EXISTING TIME-LIMITED PARKING ON SIERRA COURT WHEREAS,on-street parking is mostly unrestricted along the majority of Sierra Court, Sierra Lane, and Trinity Court with the exception of minor segments that have either red curbs or signs specifically prohibiting commercial vehicles; and WHEREAS, there is a need to discourage long-term, overnight commercial vehicle parking users, abandonment of trailers, trucks and trash to improve safety, quality, and appearance of the area; and WHEREAS, there is a need to increase parking turn over and balance parking needs of industrial and commercial businesses on Sierra Court and Trinity Court and commercial and residential mixed use developments on Sierra Lane; and WHEREAS, to minimize the impact on businesses there is a need to limit the proposed commercial vehicle restrictions from 8:00 P.M. to 6:00 A.M. on Sierra Court, Sierra Lane, and Trinity Court fronting commercial and industrial uses; and WHEREAS, there is a need to prohibit commercial vehicle parking fronting residential land uses on Sierra Lane to improve safety and visibility; and WHEREAS, businesses indicated that there is no longer a need for time restricted parking fronting 6908 Sierra Court. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin hereby adopts the following parking regulation: Section 1:The following section and language shall be added to Section 6.32.010 (“Limited Parking for Commercially Licensed Vehicles”) of the City of Dublin Traffic Code: “6.32.010 (a) No Parking for Commercially Licensed Vehicles from 8:00 PM to 6:00 AM Sierra Court, Sierra Lane, and Trinity Court On the entirety of Sierra Court, Sierra Lane, and Trinity Court where parking is specifically not restricted by commercial parking restrictions listed below: 1.On the westerly curbline between the two driveways of 6800 Sierra Court where commercial vehicles exceeding 20 feet in length are prohibited at any time. 2.On the westerly curbline between the two driveways of 6444 Sierra Court (primary address) where commercial vehicles exceeding 20 feet in length are prohibited at any time. 3.On the easterly curbline fronting 6805 Sierra Court, 50 feet southerly from southerly curbline of Trinity Court extending 80 feet in southerly direction to the first 16 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 driveway where commercial vehicles exceeding 6 feet in height are prohibited at any time. 4.On the southerly curbline of Sierra Lane, 115 feet from the westerly curbline of Dougherty Road westerly a distance of 250 feet.” Section 2:The following section and language shall be added to Chapter 6.28 - No Parking Zones of the City of Dublin Traffic Code: 6.28.021 No Parking Zones – Commercially Licensed Vehicles Sierra Lane: On the southerly curbline of Sierra Lane, 115 feet from the westerly curbline of Dougherty Road westerly a distance of 560 feet. Section 3:The following section and language shall be removed from Section 6.32.090b (“Twenty-Minute Parking – all day, every day”) of the City of Dublin Traffic Code: Sierra Court On the southerly curbline in front of 6908 Sierra Court, extending from the westerly curbline a distance of 100 feet. PASSED, APPROVED AND ADOPTED this 5th day of October 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 17 18 19 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:October 5,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approving the Purchase of Computers and Related Equipment from Dell Marketing, L.P. Prepared by:Steve Windsor, Chief Information Security Officer EXECUTIVE SUMMARY:The City Council will consider the use of Dell Marketing, L.P. as the City’s primary vendor for computers and related equipment for the City’s daily business operations. STAFF RECOMMENDATION:Adopt the Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell Marketing, L.P. FINANCIAL IMPACT:The funding to purchase computer-related supplies is included in the General Fund Budget and Internal Service Fund Budget approved by the City Council as part of the annual budget process. DESCRIPTION:Over the last several years, the City has engaged Dell Marketing, L.P. (Dell) for computer-related purchases for daily business operations. The City routinely replaces computers and related equipment when these items reach the end of service life, currently defined as four years or longer for desktops and mobile devices. The City has typically utilized Dell computer equipment for its desktop and server operating systems and displays. These products, as well as Dell’s customer service and build quality, have been well received by Staff. Purchases thus far in Fiscal Year 2021-22 have been under the $45,000 threshold outlined in the Municipal Code and have therefore not required City Council approval. In preparation for the next round of equipment updates, Staff is requesting the City Council’s approval to use Dell as a primary vendor of software and hardware products.Section 2.36.100.A.9 of the City's Purchasing Policy provides an exemption to a competitive 20 Page 2 of 2 bidding process when another public agency has administered a competitive bidding process andhas a current valid agreement for the same or substantially similar consultant or professionalservices, general services, supplies or equipment.Dell offers its products to local government agencies based on an agreement with the NASPO ValuePoint Cooperative Purchasing Program. The NASPO ValuePoint agreement was competitively bid and is a Master Contract that can be utilized by local government agencies. This procurement tool has been used effectively by the City for several years. Staff recommends that the City Council approve purchases in excess of $45,000 for the duration of the NASPO ValuePoint contract till July 31, 2022, through Dell Marketing, L.P. The ValuePoint Master Agreement and amendments are included as Attachment 2. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell Marketing, L.P.2) Exhibit A to the Resolution - NASPO ValuePoint Master Agreement and Amendments 1, 2, and 3 21 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING STAFF TO PROCURE COMPUTERS AND RELATED EQUIPMENT FROM DELL MARKETING, L.P. WHEREAS, the City requires the use of desktop computers and related equipment for City operations and routinely replaces computers and related equipment that has reached the end of its useful life; and WHEREAS, Staff desires to purchase computer equipment from Dell Marketing, L.P.; and WHEREAS,Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, Dell Marketing, L.P. has a valid pricing agreement (contract #MNWNC-108) publicly bid by NASPO ValuePoint, which meets this Municipal Code provision for a publicly bid agreement, and the contract is valid through July 31, 2022; and WHEREAS,Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment with a cost greater than or equal to $45,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager as Purchasing Agent to procure computer and related equipment annually from Dell Marketing, L.P., with a total cost greater than or equal to $45,000, under a purchasing agreement publicly bid by NASPO ValuePoint attached hereto as Exhibit A, through the term of the contract. PASSED, APPROVED AND ADOPTED this 5th day of October 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 22 f-STATE OF MINNESOTA Materia ls Management Division 112 Administration Building 50 Sherbu rne Avenue St. Paul, MN 55155 DEPARTMENT OF ADMINISTRATION Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, La ptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P. --Ai CONTRACT NO: MNWNC-108 One Dell Way I S',. - Mailstop 87'07 121tl-33 ��, :>-/u,1� Roun d Rock , TX 78682 /.P':,;? ;>/.r/t..CONTRACT PERIOD: Contract Vendor Administrator: Diane Wigington Email: Diane Wigington@dell.com Phone: (512) 728-4805 THROUGH EXTENSION OPTION: April 1, 2015, or upon final executed signatures, whichever is later March 31, 2017 UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Min nes ota WSCA-NASPO Ma ster Agreement .; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3. The Solicit ation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1.DELL MARKETING L. P. By: Title: Date: By: Title: Date: The Contractor certifies that the appropriate person(s) have executed this A reement on behalf of the Contractor as required by St�hanie G. Miller � 'IV Pnffiea ame f Contract Manager /Sen ioc M.a.nl\9ef I (p febru.ary '2. DI 5 1gna ure 2.MINNESOTA MATERIALS MANAGEMENT DIVISION 3.MINNESOTA COMMISSIONER OF ADMINISTRATION By: Date: Or delegated representative. Original signed MAR O 3 2015 By Lucas J. Jannett CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Attachment 2 Exhibit A to the Resolution 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 7, 2021 Alyssa Sayles Dell Marketing L.P. One Dell Way Mailstop RR1-33 Legal Round Rock, TX 78682 Dear Ms. Sayles: Please find enclosed Amendment 3 to NASPO Master Agreement No. MNWNC-108 for you to complete and return. Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 14, 2021. A current certificate of insurance from your insurer, in the amounts called for in the contract, is required now to complete the contract document. The insurance requirements are attached for your convenience. Please have your insurance provider send a copy of the COI electronically to Elizabeth Randa at Elizabeth.Randa@state.mn.us. No contract document will be executed with your company until the COI has been received and approved. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) cc: Pamela Kunhart DocuSign Envelope ID: EAC889CC-0F07-480E-AB62-8DFA4A153228 57 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-108 AMENDMENT NO. 3 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3. Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: EAC889CC-0F07-480E-AB62-8DFA4A153228 Contract Administrator 5/10/2021 Alyssa Sayles 5/14/2021 5/14/2021 58 59 60 61 62 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.4 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Tract 8372 Ivy, Vine, & Avalon at Boulevard and Tract 8460 Avalon West Dublin –Final Map NoticePrepared by:Kan Xu,Senior Civil Engineer EXECUTIVE SUMMARY:The City Council will receive a notification of the City Engineer’s pending approval of the Final Map for Tract 8372 Ivy, Vine, and Avalon at Boulevard and the Final Map for Tract 8460 Avalon West Dublin. STAFF RECOMMENDATION:Receive the notification. FINANCIAL IMPACT:None. DESCRIPTION:The Boulevard development (formerly Dublin Crossing) is located along Dublin Boulevard, between Scarlett Drive and Arnold Road. The development is being subdivided into several neighborhoods. The developer has prepared a final map, Tract 8372, for neighborhoods 21, 22, and 23 (also known as Ivy, Vine, and Avalon at Boulevard).The Avalon West Dublin development is located at the westerly terminus of St. Patrick Way between Golden Gate Drive and Regional Street. The developer has prepared a final map, Tract 8460, which includes 499 residential condominium units.In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the City Engineer’s pending decision on the following Final Maps: 63 Page 2 of 2 Tract Location Developer Number of Units/Lots Type Proposed Decision8372Boulevard, Neighborhoods 21, 22 and 23 Dublin Crossing, LLC 244 Units / 97 Lots Single Family and Condominium Approve 8460 St. Patrick Way Avalon West Dublin, L.P.499 Units Condominium Approve STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. 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S,9+1>S/ ,/ /S, S&* S 015 S, S&" ,/+" S SJOOSPS* '#00S<#&%S,8+2>S/ ,/ /S"+S+ S ,/S1 S,9+1>S, S&* S 017S, S&" ,/+"S>S EIIIIIIIIISFS -82>S Attachment 275 76 77 78 79 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.5 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Grant of Public Right-of-Way for St.Patrick WayPrepared by:Kan Xu, Senior Civil Engineer EXECUTIVE SUMMARY:The City Council will consider granting City properties as St. Patrick Way public street right-of-way. STAFF RECOMMENDATION:Adopt the Resolution Granting Public Right-of-Way for St. Patrick Way over Assessor Parcel Numbers 941-1500-045-01 (6600 Golden Gate Drive) and 941-1500-047-04 (6700 Golden Gate Drive). FINANCIAL IMPACT:There is no impact to the General Fund to effectuate the transfer of public property to public street right-of-way. Street improvements located in public street rights-of-way allow for use of transportation funding (e.g., gas tax, SB-1, etc.) for maintenance and repair of the street improvements. Improvements located on public property are not eligible for transportation funding. DESCRIPTION:During a recent review of the offsite improvements associated with the St. Patrick Way multi-family project, Staff identified that portions of the current segment of St. Patrick Way were not granted as public street right-of-way upon the acceptance of the improvements. Staff recommends that the City Council officially dedicate for the use and benefit of the public as a right-of-way for public street purposes over, under, along, and across the associated real property. Certain funding sources, such as Gas Tax, are restricted to use within public street rights-of-way, therefore officially dedicating the right-of-way for public street purposes will ensure compliance with such funding restrictions.The parcels are known as Assessor Parcel Numbers 941-1500-045-01 (6600 Golden Gate Drive) 80 Page 2 of 3 and 941-1500-047-04 (6700 Golden Gate Drive), as shown in Figure 1, and are located along the northwestern property line of the Connolly Station Apartments, at the westerly terminus of St.Patrick Way, as depicted in Figure 2. Figure 1: Base Map showing two City-owned properties. Figure 2: Aerial photo showing location.There are existing street improvements located within the properties, such as pavement, sidewalk, curb and gutter, streetlights, and storm drainage facilities. Staff recommends the City Council 81 Page 3 of 3 grant a public street right-of-way for St. Patrick Way over the City-owned properties. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Granting Public Right-of-Way for St. Patrick Way over Assessor Parcel Numbers 941-1500-045-01 (6600 Golden Gate Drive) and 941-1500-047-04 (6700 Golden Gate Drive)2) Exhibit A to the Resolution – Public Right-of-Way Dedication, St. Patrick Way 82 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING PUBLIC RIGHT-OF-WAY FOR ST. PATRICK WAY OVER ASSESSOR PARCEL NUMBERS 941-1500-045-01 (6600 GOLDEN GATE DRIVE) AND 941-1500-047-04 (6700 GOLDEN GATE DRIVE) WHEREAS,the City of Dublin owns the property located at 6600 Golden Gate Drive, Assessor’s Parcel No. 941-1500-045-01, and at 6700 Golden Gate Drive, Assessor’s Parcel No. 941-1500-047-04, (“Properties”); and WHEREAS,the Properties contain existing St. Patrick Way street improvements; and WHEREAS, the City desires to dedicate the Properties as St. Patrick Way public street right-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin grants public right-of-way for St. Patrick Way over the Properties. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the grant for public right-of-way dedication for St. Patrick Way, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of October, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 83 Attachment 2 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 No Fee Required Government Code § 27383 APN: 941-1500-045-01 and 941-1500-047- 04 Space Above This Line for Recorder’s Use PUBLIC RIGHT-OF-WAY DEDICATION ST. PATRICK WAY THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $0.00 CITY TRANSFER TAX IS $0.00 This conveyance is exempt from the documentary transfer tax since a governmental agency is already possessed with real property interest, R & T 11922, and is granting an interest therein to the Public. For valuable consideration, the receipt of which is hereby acknowledged, the City of Dublin, a municipal corporation, as the undersigned GRANTOR and owner in fee of the herein described parcels of land, does hereby dedicate for the use and benefit of the public as a right-of-way for public street purposes and incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Dublin, County of Alameda, State of California, as more particularly described in Alameda County Recorder’s Office Document Instrument No. 2011-53120, dated August 22, 2011, and Document Instrument No. 2008-337543, dated April 27, 2009. GRANTOR: City of Dublin BY: ___________________________________Date: ____________________________ Linda Smith, City Manager 84 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.6 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Alameda County A-1 Bond Fund Commitment to Eden Housing Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY:The City Council will consider authorizing the commitment of $5,048,319 in Alameda County Measure A-1 Bond funds to an affordable rental housing project proposed at 6541-6543 Regional Street. Eden Housing would develop the 1.3-acre property with 113 units to serve very-low- and low-income seniors. STAFF RECOMMENDATION:Adopt the Resolution Authorizing the Commitment of $5,048,319 in Alameda County Measure A-1 Bond Funds from Dublin’s Base City Allocation to Eden Housing. FINANCIAL IMPACT:None. DESCRIPTION:Eden Housing proposes to develop a 1.3-acre property located at 6541-6543 Regional Street with 113 affordable rental units to serve very-low- and low-income seniors. The project would include 55 studios, 57 one-bedrooms, and one unrestricted two-bedroom manager's unit. The studios and one-bedroom units would be restricted to senior households earning between 20 and 50 percent of Alameda County area median income (AMI). The City Council is being asked to authorize the commitment of $5,048,319 in Alameda County Measure A-1 Bond funds to Eden Housing to assist with development of the proposed project. Below provides background to support the request.The City has taken the following earlier actions in furtherance of Eden’s proposed project: 85 Page 2 of 3 Land Transfer Pursuant to Bay View Group Development Community Benefit AgreementOn May 1, 2018, the City Council approved a Community Benefit Agreement (CBA) between the City and Bayview Development Group, Inc. for a 499-unit residential project at 6700 Golden Gate Drive (the St. Patrick Way Residential Project). The CBA outlined what Bayview Development Group would contribute to the City in exchange for receiving residential units from the Downtown Dublin Specific Plan (DDSP) Development Pool, including the dedication to the City or its designeeof the subject 1.3-acre property located at 6541-6543 Regional Street. The City Council approved an amendment to the CBA in April 2020 extending the term of the agreement and assigning it to Crystal Bay Development, LLC. The intent of the transfer was to provide affordable housing primarily for senior citizens and/or special needs individuals or other very-low- and low-income households.On March 16, 2021, the City Council authorized the City Manager to enter into an Option Agreement with Eden Housing’s controlled affiliate Corona Ely Ranch, Inc. for the property. As noted above, Eden Housing proposes to develop the 1.3-acre property with 113 affordable rental units to serve very-low- and low-income seniors. The project will be subject to a Community Benefit Program Agreement to be considered by the City Council at a later date, and a Site Development Review Permit that is tentatively scheduled for consideration by the Planning Commission on November 9, 2021.Local Housing Trust Fund GrantOn July 21, 2020, the City Council authorized the City Manager to submit a Local Housing Trust Fund (LHTF) grant application to the California Department of Housing and Community Development for the purpose of funding an affordable housing project on the subject 1.3-acre property. In conjunction with this authorization, the City Council reserved up to 114 residential units from the DDSP Development Pool and directed Staff to issue a Letter of Intent to Eden Housing to provide matching funds that were required to receive the grant. The matching fundsidentified in the grant application include the 1.3-acre site valued at approximately $5 million, plus $5 million from the Alameda County A-1 Bond. Prior to submitting the grant application, Staff worked with Eden Housing on a preliminaryproposal to develop between 70 and 114 units of affordable housing with a projected totaldevelopment cost of between $46 million and $74 million. On February 10, 2021, the City received notification that a LHTF grant in the amount of $3,333,333 had been awarded to the project. Alameda County Measure A-1 Bond FundsAlameda County Measure A-1 was passed in November 2016 and will fund three programs related to homeownership and two programs related to rental housing. Of the total amount allocated to the Rental Housing Development Fund, the City’s Net Base Allocation is $7,948,319. Cities have until December 31, 2021 to commit funds to specific projects. “Commitment” is defined as a City Council action to allocate funds to a project. Funds not committed before the deadline will be moved to the Regional Pool in which the city is located on January 1, 2022. 86 Page 3 of 3 The City Council committed $2.9 million of the City’s Net Base Allocation to the BRIDGE Housing proposal on Golden Gate Drive on March 16, 2021. Staff recommends that the City Council commit the remaining $5,048,319 to the Eden Housing proposal on Regional Street. The City Council Resolution authorizing the commitment of Alameda County Measure A-1 Bond Funds to Eden Housing is included as Attachment 1. STRATEGIC PLAN INITIATIVE:Strategy 3: Create More Affordable Housing Opportunities.Objective B. Look for additional opportunities to facilitate the acquisition of sites, at low or no cost,to build housing that is affordable to lower income households. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Authorizing the Commitment of $5,048,319 in Alameda County Measure A-1 Bond Funds to Eden Housing 87 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE COMMITMENT OF $5,048,319 IN ALAMEDA COUNTY MEASURE A-1 BOND FUNDS FROM DUBLIN’S BASE CITY ALLOCATION TO EDEN HOUSING WHEREAS,in November 2016, Alameda County voters passed a $580 million Countywide Housing Bond (Measure A-1), which will fund countywide affordable housing development programs; and WHEREAS,$425 million of the Countywide Housing Bond is allocated to the Rental Housing Development fund to assist in the creation and preservation of affordable rental housing for vulnerable populations, and of that $225 million is allocated as “Base City Allocations” to Alameda County jurisdictions (including the unincorporated county); and WHEREAS,the City of Dublin’s Base City Allocation is $7,948,319; and WHEREAS,on July 21, 2020, the City Council authorized the City Manager to submit a Local Housing Trust Fund (LHTF) grant application to the California Department of Housing and Community Development (HCD) for the purpose of funding an affordable housing project on a 1.3-acre site located 6541-6543 Regional Street, authorized the reservation of up to 114 residential units from the Downtown Dublin Specific Plan (DDSP) Development Pool, and directed Staff to issue a Letter in Intent to Eden Housing to provide matching funds required for the grant. The matching funds include the 1.3-acre site, valued at approximately $5 million, and $5,048,319 from Measure A-1; and WHEREAS, Eden Housing proposes to develop the 1.3-acre property located at 6541- 6543 Regional Street with 113 affordable rental units to serve very-low- and low-income seniors. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes the commitment of $5,048,319 in Measure A-1 bond funds from Dublin’s Base City Allocation to Eden Housing for the development of 113 affordable rental units. BE IT FURTHER RESOLVED that the City Council of the City of Dublin authorizes the City Manager to submit to the Director of the Alameda County Housing and Community Development the recommendation to commit Base City Allocation funds to the affordable housing project as described above. PASSED, APPROVED AND ADOPTED this 5th day of October 2021, by the following vote: AYES: NOES: ABSENT: 88 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 89 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.7 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Recap of Splatter 2021Prepared by:Shaun Chilkotowsky, Heritage &Cultural Arts Manager EXECUTIVE SUMMARY:The City Council will receive a report that recaps Splatter 2021, which took place September 18, 2021 at Emerald Glen Park. STAFF RECOMMENDATION:Receive the report. FINANCIAL IMPACT:The Fiscal Year 2021-22 adopted budget for Splatter was $71,725. However, as Staff discussed with the City Council at the July 20, 2021 meeting, enhancements to the festival, including a grand finale, would increase the total costs and require a future budget amendment. Total expenditures are currently estimated at $125,000 ($84,000 for the festival and $41,000 for the grand finale). Staff will bring a budget change for City Council approval at the mid-year financial review. DESCRIPTION:The City of Dublin’s Splatter Celebration took place on Saturday, September 18, 2021 at Emerald Glen Park from 12pm – 8:30pm. This year’s festival celebrated music, art, and wine while focusing on more inclusive and culturally diverse elements. The temperatures for the event hovered in the high 70’s and low 80’s, before cooling off at sunset, providing the perfect weather for patrons to enjoy the day. 90 Page 2 of 4 EntertainmentSplatter featured three stages of live performances as well as roaming entertainment scattered throughout the festival footprint. Entertainment and activities began at 12pm and ran until the festival concluded at 8:30pm. The Amphitheater stage featured community multicultural performances including Bollywood, Chinese Dance, West African Drum as well as a one-man circus and magician catered to youth. The Side Yard served as an open mic stage and featured local acoustic musicians as well as poetry readings by Dublin’s Poet Laureate and seven other local Dublin poets. The Main Stage located closest to the carnival featured live musical entertainment including Petty Theft, a tribute to Tom Petty, The Sky Kings, Queen Nation, a tribute to Queen, and Wonderbread 5, a high energy dance band. DiningGuests were invited to “Dine Around the World” and receive an elevated culinary experience that featured an array of international cuisines. While traditional fair and festival food was still available, a diverse collection of food trucks was on site providing options including South Indian 91 Page 3 of 4 comfort food, Maine lobster rolls, Halal gyros, and authentic Vietnamese, Mexican and Italian foods. The Rotary Club of Dublin was on site selling a variety of local craft beer and wines including Rivers End Brewing Company, Longevity Wines, Page Mill Winery, and Concannon.ArtsSplatter celebrated the arts throughout the festival with many activities available throughout the day. This included the popular chalk art activity, and also featured different crafts from around the world including maracas, fans of the pacific, and more. The “I am Dublin” community mural, featuring polaroid selfies stuck to a world map, was extremely popular and reflected the community’s diversity. With assistance from the Dublin Arts Collective, including promotion to local artists, a pop-up fine art gallery was held in the lobby of The Wave. Eighteen artists submitted fine art pieces for display that included paintings, sculptures, photos, and drawings. Grand FinaleAs the night was winding down, a 15-minute fire dance was performed by Island Breeze Entertainment on the main stage, during intermission between headlining bands. The night concluded with a 10-minute Drone Show finale in celebration of the return of Splatter. The show was completely customized to the event and featured various animated formations that symbolize Splatter and Dublin, including a shamrock, clasping hands, a dancing person, guitar with music notes, wine bottle and glass, and City and Splatter logos. 92 Page 4 of 4 Future EventsStaff will continue looking for ways to enhance the Splatter event in future years. The addition of a grand finale and elevated multicultural and inclusive experiences will be at the forefront to ensure a celebration is planned that best represents the Dublin community. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:None. 93 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 6.1 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Dublin Municipal Code Amendments to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036)Prepared by: Jeff Baker, Community Development Director and KristieWheeler, Assistant Community Development Director EXECUTIVE SUMMARY:The City Council will consider an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by the Novel Coronavirus (COVID-19) and public health orders of the federal, state, or county government designed to slow the transmission of COVID-19. The waiver authority would be limited to those requirements and/or standards that would not result in an increase in intensity of use beyond what is otherwise allowed, as applicable. The Ordinance would remain in effect until September 30, 2022, or until orders are lifted, whichever occurs later. STAFF RECOMMENDATION:Conduct the public hearing, deliberate, waive the reading and INTRODUCE the Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders. FINANCIAL IMPACT:The cost to administer the program would be absorbed by existing departmental budgets and permit applications fees. 94 Page 2 of 4 DESCRIPTION:BackgroundOn June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to DMC Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow the transmission of COVID-19. Subsequently, the City established a COVID-19 Relief Temporary Use Pert (TUP) application for minor temporary land uses that facilitate business operations, but deviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use. Ordinance No. 08-20 and the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021. The City issued 62 COVID-19 Relief TUP permits to local businesses. This included 20 permits for commercial and service-oriented businesses and 42 permits to allow temporary outdoor seating for eating and drinking establishments. Refer to Attachment 3 for a table summarizing the businesses that obtained a COVID-19 Relief TUP.While efforts taken to reduce the spread of COVID-19, including vaccinations, have been effective, local health officials have said the risk to public health remains. Staff has been monitoring the situation and looking for ways to aid local businesses in the economic recovery and mitigate the ongoing effects of the pandemic. Based upon the success of the COVID-19 Relief TUP program and ongoing concerns about business operations and consumer preferences, there may be a need for the City to continue to relax certain standards to facilitate outdoor operations on a long-term temporary basis.On August 17, 2020, the City Council adopted Ordinance No. 07-21 approving an amendment tothe Zoning Ordinance to facilitate outdoor seating for eating and drinking establishments on both a long-term temporary and permanent basis to aid in economic recovery post-COVID-19.To be prepared to assist the broader business and service community, Staff has initiated a proposed amendment to DMC Chapter 8.128 (Authority to Administer Title 8) to again provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by COVID-19 and health orders, provided that such waivers would not result in an increase in intensity of use beyond what is otherwise allowed.AnalysisTo facilitate a return to business operations during the COVID-19 pandemic, Staff proposes the following amendment to DMC Chapter 8.128.8.128.070CITYMANAGER.Waiver AuthorityDuringCOVID-19 Pandemic.The City Manager shall have the authority towaive certain zoning Ordinance requirements and/or standards under Title 8 to facilitatebusiness operations affected by COVID-19 and/or public-health orders of the federal, state,or county government designed to slow the transmission of the Novel Coronavirus (COVID- 95 Page 3 of 4 19), to the extent that such waivers would not result in an increase in general intensity of usebeyond what is otherwise allowed under this Title, as applicable. An applicant must file arequest for a waiver with the City’s Planning Division.It is expected that certain businesses and community organizations will continue to be affected bysocial distancing, mask mandates, vaccine requirements and/or consumer preferences. Currently, the Zoning Ordinance allows certain outdoor activities to occur with approval of a Temporary Use Permit with certain time limits. Similarly, temporary promotional signs are also allowed with certain time limits. To facilitate a return to business operations and address current consumer preferences, waivers from the strict application of the Zoning Ordinance to streamline the approval process may be necessary until the pandemic is over. For example, the City could allow outdoor display of merchandise or a gym to operate outdoors for a period of time longer than currently allowed under the Zoning Ordinance. If approved, Staff would utilize the streamline process that was created under the previous authority granted to the City Manager. The amendment is proposed to remain in effect through September 30, 2022, or until the expiration of any order of the federal, state, or county government to slow the transmission of COVID-19, whichever occurs later.The draft Ordinance adopting the proposed amendment is included as Attachment 1. PLANNING COMMISSION REVIEW:On September 14, 2021, the Planning Commission held a public hearing to consider the proposed DMC Amendment and voted unanimously to recommend approval to the City Council (Attachment 2). ENVIRONMENTAL REVIEW:The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Staff recommends that the City Council find the proposed DMC Amendment Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. 96 Page 4 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a notice regarding this Public Hearing was published in the East BayTimesand posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website, and the City Council Agenda was posted. ATTACHMENTS:1) Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirementsand/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders2) Planning Commission Resolution No. 21-073) COVID-19 Temporary Use Permits 97 Attachment 1 ORDINANCE NO. __ - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 AND PUBLIC HEALTH ORDERS EFFECTIVE CITY-WIDE PLPA-2021-00036 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,on June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow transmission of the Novel Coronavirus (COVID-19); and WHEREAS,subsequently, the City established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land uses that facilitate business operations, but deviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use; and WHEREAS,the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021; and WHEREAS,on August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to the Zoning Ordinance to facilitate outdoor seating for eating and drinking establishments on both a long-term temporary and permanent basis to aid in economic recovery post-COVID-19; and WHEREAS, businesses and service organizations are an integral part of the Dublin community from the jobs they provide for residents to the essential services and amenities supported by the revenues they generate; and WHEREAS, although certain restrictions are beginning to ease, staff expects that certain businesses, such as retail businesses and service organizations, will continue to be affected by social distancing, mask mandates, and changing consumer preferences; and WHEREAS, during this time of uncertainty and changing public-health orders of the federal, state, or county government designed to slow the transmission of COVID-19, the City is seeking methods to remain nimble to address and support the needs of the business and service community; and WHEREAS, the Zoning Ordinance allows outdoor display of merchandise for retail businesses and other similar outdoor activities by community organizations subject to approval of a Temporary Use Permit, and both are subject to certain maximum time limits; and 98 WHEREAS, to assist businesses that are experiencing, and will continue to experience, severe negative economic impacts due to the COVID-19 pandemic, Staff is proposing the City Council adopt an ordinance authorizing the City Manager to approve certain waivers from the strict application of the Zoning Ordinance to facilitate a return to business operations, to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2021, during which all interested persons were heard, and adopted Resolution No. 21-07 recommending City Council adoption of the proposed Dublin Municipal Code Amendment; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendment; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendment on October 5, 2021, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendment. NOW, THEREFORE,the City Council of the City of Dublin does hereby ordain as follows: Section 1.Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2.Municipal Code Amendment. Section 8.128.070 is hereby added to the Dublin Municipal Code to read as follows: 8.128.070 CITY MANAGER. Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 to facilitate business operations affected by COVID-19 and/or public-health orders of the federal, state, or county government designed to slow the transmission of the Novel Coronavirus (COVID-19), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. Section 3.CEQA. The City Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. 99 Section 4.Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption, and shall remain in effect through September 30, 2022, or until the expiration of any order of the federal, state or county government to slow the transmission of COVID-19, whichever occurs later. Section 6.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __ day of __________, 2021. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 100 Attachment 2101 102 Exhibit A ORDINANCE NO. __ - 21 AN ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 AND PUBLIC HEALTH ORDERS EFFECTIVE CITY-WIDE PLPA-2021-00036 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, on June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow transmission of the Novel Coronavirus (COVID-19); and WHEREAS, subsequently, the City established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land uses that facilitate business operations, but deviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use; and WHEREAS, the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021; and WHEREAS, on August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to the Zoning Ordinance to facilitate outdoor seating for eating and drinking establishments on both a long-term temporary and permanent basis to aid in economic recovery post-COVID-19; and WHEREAS, businesses and service organizations are an integral part of the Dublin community from the jobs they provide for residents to the essential services and amenities supported by the revenues they generate; and WHEREAS, although certain restrictions are beginning to ease, staff expects that certain businesses, such as retail businesses and service organizations, will continue to be affected by social distancing requirements, mask mandates, and changing consumer preferences; and WHEREAS, during this time of uncertainty and changing public-health orders of the federal, state, or county government designed to slow the transmission of COVID-19, the City is seeking methods to remain nimble to address and support the needs of the business and service community; and WHEREAS, the Zoning Ordinance allows outdoor display of merchandise for retail businesses and other similar outdoor activities by community organizations subject to approval of a Temporary Use Permit, and both are subject to certain maximum time limits; and WHEREAS, to assist businesses that are experiencing, and will continue to experience, severe negative economic impacts due to the COVID-19 pandemic, Staff is proposing the City 103 Exhibit A Council adopt an ordinance authorizing the City Manager to approve certain waivers from the strict application of the Zoning Ordinance to facilitate a return to business operations, to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2021, during which all interested persons were heard, and adopted Resolution No. 21-xx recommending City Council adoption of the proposed Dublin Municipal Code Amendment; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendment; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendment on ________________, 2021, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendment. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2. Municipal Code Amendment. Section 8.128.070 is hereby added to the Dublin Municipal Code to read as follows: 8.128.070 CITY MANAGER. Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 to facilitate business operations affected by COVID-19 and/or public-health orders of the federal, state, or county government designed to slow the transmission of the Novel Coronavirus (COVID-19), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. Section 3. CEQA. The City Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to 104 Exhibit A any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption, and shall remain in effect through September 30, 2022, or until the expiration of any order of the federal, state or county government to slow the transmission of COVID-19, whichever occurs later. Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __ day of ________, 2021. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 105 Attachment 3 COVID-19 Relief Temporary Use Permits#Business Name1.Sahara Market2.The Fit Potato3.Shapes Fitness for Women4.Aloft Hotel5.Sky Martial Arts6.Pallen's Martial Arts7.Monaco Hair & Nails8.F45 Training9.4ever Dance Studio10.Kaiser Permanente11.Hair Culture12.Anu's Boutique13.Teague's Barbershop14.Everbright Harvest Group15.Pampered Nails and Spa16.Remote Learning Group17.Kaiser Permanente18.Seoul Jung Korean19.Combat Sports20.Bintang Badminton21.Casa Orozco22.Lucille’s Smokehouse Bar-B-Que23.BJ’s Restaurant24.Gallagher’s Pub25.INC 82 Brewing26.The Back Lounge27.Urban Plates28.Country Waffles29.Frankie, Johnnie, and Luigi Too30.IHOP31.Burma Burma32.Applebee’s Neighborhood Grill and Bar33.Café Tazza34.Pacific Catch35.Copper Skillet36.Zacs Café37.Pho Saigon38.Amazing Basil39.Sake Sushi40.Hawaiian Grill Express41.Rigatoni’s42.Rahma Mediterranean Grill43.Tasty Pot44.Amakara45.World of Beer46.Coaches Grill47.Chaat Bhavan48.Fuddruckers 106 COVID-19 Relief Temporary Use Permits#Business Name49.BIT Holdings50.Erik’s Delicafe51.The Banana Garden52.Hana Japan53.Denica’s Real Food Kitchen54.Caps and Taps55.Buffalo Wild Wings56.Fujiwara Ramen57.Koi Place58.Pamir Restaurant59.Lazy Dog60.Pho Tai Dublin LLC61.Dublin Ranch Golf Course62.Yanagi Sushi & Grill 107 Item 6.1: DMC Amendment to Chapter 8.128 to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036) City Council Meeting October 5, 2021 108 Background •On June 16, 2020, City Council adopted an Ordinance approving amendments to DMC Chapter 8.128 providing City Manager with authority to waive certain Zoning Ordinance requirements to facilitate business operations affected by COVID -19 pandemic •Subsequently, City established COVID-19 Relief Temporary Use Permits (TUPs) for minor temporary land uses that facilitate business operations, but deviate from certain development standards •City issued 62 COVID-19 TUPs, including 20 permits for commercial and service-oriented businesses and 42 permits to allow temporary outdoor seating for eating and drinking establishments 109 Background •Ordinance No. 08-20 and waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021 •On August 17, 2020, City Council adopted Zoning Ordinance Amendment to facilitate outdoor seating for eating and drinking establishments on both long-term temporary and permanent basis to aid in economic recover post-COVID -19 110 Proposed DMC Amendment •Efforts to reduce spread of COVID-19, including vaccinations, have been effective, but risk to public health remains •Based on success of COVID-19 TUP program and ongoing concerns, relaxed standards to facilitate outdoor business operations on long- term temporary basis may be needed •Staff has initiated proposed amendment to DMC Chapter 8.128 to again provide City Manager with authority to waive certain requirements to facilitate business operations affected by COVID-19 •Amendment would remain in effect through September 30, 2022, or until expiration of any health order to slow transmission of COVID- 19, whichever occurs later 111 Recommendation •Conduct public hearing, deliberate and waive reading and INTRODUCE an Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders 112