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HomeMy WebLinkAbout*October 18, 2022 Regular City Council Meeting AgendaCOUNCILMEMBERS Melissa Hernandez, Mayor Jean Josey, Vice Mayor Shawn Kumagai, Councilmember Dr. Sherry Hu, Councilmember Michael McCorriston, Councilmember CELEBRATING YEARS 1982 — 2022 DUBLIN CALIFORNIA Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, October 18, 2022 City Council Chamber Dublin Civic Center 100 Civic Plaza Dublin, CA 94568 www.dublin.ca.gov Location: City Council Chamber 100 Civic Plaza Dublin, CA 94568 CLOSED SESSION 6:30 PM REGULAR MEETING 7:00 PM Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public. 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.tv30.org and on the City's website at: https://dublin.ca.gov/ccmeetings 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 18, 2022. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period 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. October 18, 2022 Dublin City Council Regular Meeting Agenda CLOSED SESSION 6:30 PM I. Conference with Legal Counsel —Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 cases. REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Pledge of Allegiance will be led by the Dublin 4-H Club. 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1 Presentation of the Hindu American Awareness and Appreciation Month and Diwali Proclamations The City Council will present the Hindu American Awareness and Appreciation Month and Diwali Proclamations. STAFF RECOMMENDATION: Present the proclamations. Staff Report Attachment 1 - Hindu American Awareness and Appreciation Month Attachment 2 - Diwali Proclamation 3.2 Employee Introductions New City of Dublin Staff members, Laurie Rith-Chan, Administrative Technician with the Human Resources Division, and Raelyn Miranda, Administrative Aide, with Dublin Police Services, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. Staff Report 3.3 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 future 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 request the Mayor to remove the item. October 18, 2022 Dublin City Council Regular Meeting Agenda 4.1 Approval of the September 20, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the September 20, 2022 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 20, 2022 Regular City Council Meeting. Staff Report Attachment 1 - September 20, 2022 Regular City Council Meeting Minutes 4.2 Amendments to the Master Fee Schedule The City Council will consider amending the Master Fee Schedule to eliminate the fundraising fee for Dublin -based non-profit facility rentals. STAFF RECOMMENDATION: Adopt the Resolution Amending the Master Fee Schedule to Eliminate the Fundraising Fee for Dublin -Based Non -Profit Facility Rentals. Staff Report Attachment 1- Resolution Amending the Master Fee Schedule to Eliminate the Fundraising Fee for Dublin -Based Non -Profit Facility Rentals Attachment 2 - Exhibit A to the Resolution - Amendments to the Master Fee Schedule (in strikethrough form) 4.3 Approval of Memorandum of Understanding with Tri-Valley Cities for Joint Tri-Valley Cities Legislative Advocacy Services The City Council will consider approving a Memorandum of Understanding with the Cities of Livermore, Pleasanton, San Ramon, and the Town of Danville in order to retain legislative advocacy services to implement the Tri-Valley Cities Legislative Framework. Advocacy services will assist the agencies in building consensus and employing a united approach in supporting solutions that will serve the residents and businesses of the region. STAFF RECOMMENDATION: Adopt the Resolution Approving the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services. Staff Report Attachment 1- Resolution Approving the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services Attachment 2 - Exhibit A to the Resolution - Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services Attachment 3 - Professional Services Agreement with Townsend Public Affairs, Inc. in the amount not to exceed $750,000 for a five-year term Attachment 4 - Tri-Valley Cities Legislative Framework. 4.4 Acceptance of Office of Traffic Safety Grant for the Selective Traffic Enforcement Program The City Council will consider accepting a traffic safety grant for Dublin Police Services in relation to the City's participation in the Selective Traffic Enforcement Program. This grant program supports best practices and strategies to address crashes involving alcohol and other primary collision factors. October 18, 2022 Dublin City Council Regular Meeting Agenda STAFF RECOMMENDATION: Adopt the Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant Agreement. Staff Report Attachment 1- Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant Agreement Attachment 2 - Exhibit A to the Resolution - OTS STEP Grant Agreement 4.5 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-I9 Cases From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October 2021, the City returned to in -person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing, if the City Council makes certain required findings. From January 11 - February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days. STAFF RECOMMENDATION: Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361. Staff Report Attachment 1- Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361 4.6 Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code At the June 7, 2022 meeting, the City Council directed Staff to review the City's Conflict of Interest Code and make a determination if there is a need to update the Code. Staff conducted a review of the Code and determined that several positions should be added or deleted. The City Council will consider introducing an ordinance to update the list of designated positions that must file a Statement of Economic Interests (Form 700). STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code, and direct Staff to file the 2022 Local Agency Biennial Notice. Staff Report Attachment 1- Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code October 18, 2022 Dublin City Council Regular Meeting Agenda 4 Attachment 2 - 2022 Local Agency Biennial Notice 4.7 Consulting Services Agreement with Reach Enterprises for Loyalty Rewards Business Recovery Project The City Council will consider approving a Consulting Services Agreement between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc. for a Loyalty Rewards Business Recovery Project. Staff Report Attachment 1- Resolution Approving a Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc. for a Loyalty Rewards Business Recovery Project Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project 4.8 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from September 1, 2022 - September 30, 2022 totaling $6,182,554.45. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Payment Issuance Report for September 2022 4.9 Updates to the Human Services Grants Program The City Council will consider modifications to the Human Services Grants Program guidelines and allocation process, as recommended by the Human Services Commission. STAFF RECOMMENDATION: Receive the report and approve the program modifications. Staff Report Attachment 1- Human Services Grants Program Guiding Principles Attachment 2 - Revised Human Services Grants Rating Sheet 4.10 Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance The City Council will consider approval of an agreement with Storm Water Inspection & Maintenance Services Inc. (SWIMS) to provide trash capture device maintenance services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services. Staff Report Attachment 1- Resolution Approving an Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services October 18, 2022 Dublin City Council Regular Meeting Agenda 5 Attachment 3 - August 12, 2022 Request for Proposals for Trash Capture Device Maintenance Services 4.1 1 City Proclamations for the Months of November and December The City Council will consider the following proclamations for the months of November and December in the City of Dublin: Native American Heritage Month, Family Caregivers Month, Diabetes Awareness Month, Entrepreneurship Month, Critical Infrastructure Security and Resilience Month, College Application Month, Alzheimer's Disease Awareness Month, Adoption Month, Veterans and Families Month, United Against Hate Week, American History and Founders Month, Small Business Saturday, and Impaired Driving Month. STAFF RECOMMENDATION: Approve the proclamations. Staff Report - City Proclamations for the Months of November and December Attachment 1- Native American Heritage Month Proclamation Attachment 2 - Family Caregivers Month Proclamation Attachment 3 - Diabetes Awareness Month Proclamation Attachment 4 - Entrepreneurship Month Proclamation Attachment 5 - Critical Infrastructure Security and Resilience Month Proclamation Attachment 6 - College Application Month Proclamation Attachment 7 - Alzheimer's Disease Awareness Month Proclamation Attachment 8 - Adoption Month Proclamation Attachment 9 - Veterans and Military Families Month Proclamation Attachment 10 - United Against Hate Week Proclamation Attachment 11 - United Against Hate Week Poster Attachment 12 - American History and Founders Month Proclamation Attachment 13 - Small Business Saturday Proclamation Attachment 14 - Impaired Driving Month Proclamation 4.12 Fiscal Year 2021-22 4th Quarter Financial Review and Additional Special Designation of General Fund Reserves The City Council will receive a financial report on the fourth quarter of Fiscal Year 2021- 22 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2021-22 and confirm additional General Fund reserve designations as of June 30, 2022. Staff Report Attachment 1- Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2021-22 Attachment 2 - General Fund Summary Q4 FY 2021-22 Attachment 3 - General Fund Reserves Summary Q4 FY 2021-22 4.13 Amendment to Legal Services Agreement with Meyers Nave Meyers Nave has requested that the City Council consider amending its legal services agreement with the City to increase the hourly rate for general legal services, labor and employment advice services, and reimbursable third -party services. October 18, 2022 Dublin City Council Regular Meeting Agenda STAFF RECOMMENDATION: Approve and authorize the Mayor to execute the Third Amendment to the Amended and Restated Agreement for Legal Services. Staff Report Attachment 1- Amended and Restated Agreement for Legal Services Attachment 2 - First Amendment to Agreement for Legal Services Attachment 3 - Second Amendment to Agreement for Legal Services Attachment 4 - Proposed Third Amendment to Agreement for Legal Services 5. WRITTEN COMMUNICATION — None. 6. PUBLIC HEARING 6.1 Nissan Commercial Car Wash (PLPA-2022-00003) The Applicant, Dosanjh Real Estate, LLC, is requesting approval of a commercial self- service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking spaces and related site improvements. The application includes an amendment to Planned Development Zoning Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit. The City Council will consider the proposed Nissan Commercial Car Wash project and a determination that the project impacts are covered by the Kaiser Dublin Medical Center Environmental Impact Report and no further environmental review is required. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and: 1) waive the reading and INTRODUCE the Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03- 19 for Kaiser Commercial; and 2) adopt the Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project. Staff Report Attachment 1- Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial Attachment 2 - Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project Attachment 3 - Exhibit A to the Resolution - Project Plans Attachment 4 - Noise Assessment Study Attachment 5 - Traffic Analysis Attachment 6 - Photo Simulations Attachment 7 - Planning Commission Resolution No 22-12 Item 6.1- PowerPoint Presentation 7. UNFINISHED BUSINESS 7.1 Downtown Dublin Update The City Council will receive a presentation on updates to the Downtown Dublin Preferred Vision. STAFF RECOMMENDATION: Receive the presentation. Staff Report October 18, 2022 Dublin City Council Regular Meeting Agenda 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). I0. 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. October 18, 2022 Dublin City Council Regular Meeting Agenda 8