September 06, 2022 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, September 6, 2022 Location: City Council Chamber 100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:00 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, September 6, 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.
September 06, 2022 Dublin City Council Regular Meeting Agenda 2
CLOSED SESSION 6:00 PM
I. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case
II. Public Employee Performance Evaluation
Title: City Attorney
II. Conference with Labor Negotiators
Agency Designated Representatives: Mayor Hernandez and Councilmember Hu Unrepresented Employee: City Attorney
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1 Presentation of the Constitution Week Proclamation and Certificate of Recognition to Daughters of the American Revolution Poster Contest Winner The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution (DAR) and a Certificate of Recognition to Dublin resident and DAR poster contest winner, Bilal Tariq Rauf.
STAFF RECOMMENDATION:
Present the proclamation and certificate of recognition.
Staff Report
Attachment 1 - Constitution Week Proclamation
Attachment 2 - Certificate of Recognition
3.2 Presentation of Lawrence Livermore Laboratory's 70th Anniversary Commendation The City Council will present a commendation to the Lawrence Livermore Laboratory in celebration of its 70th anniversary.
STAFF RECOMMENDATION:
Present the commendation.
Staff Report
Attachment 1 - Lawrence Livermore Laboratory's 70th Anniversary Commendation
3.3 Preview of Splatter
The City Council will receive a presentation previewing Splatter, taking place September 10, 2022 at Emerald Glen Park.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
Item 3.3 - PowerPoint Presentation
September 06, 2022 Dublin City Council Regular Meeting Agenda 3
3.4 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 th e 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.
4.1 Approval of the August 16, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the August 16, 2022 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the August 16, 2022 Regular City Council Meeting.
Staff Report
Attachment 1 - August 16, 2022 Regular City Council Meeting Minutes
4.2 City Manager’s Employment Agreement
The City Council will consider approving the Second Amendment to the City Manager’s Employment Agreement. The sole change would be to extend the timeframe in which the City Manager may be removed following any City election for membership on the City Council.
STAFF RECOMMENDATION:
Approve and authorize the Mayor to execute the Second Amendment to City Manager’s Employment Agreement.
Staff Report
Attachment 1 - Proposed Second Amendment to City Manager’s Employment Agreement Attachment 2 - City Manager’s Employment Agreement and First Amendment
4.3 2022 Development Agreement Review
The City Council will receive a report on the annual review of active Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code.
STAFF RECOMMENDATION:
Adopt the Resolution 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.
Staff Report
September 06, 2022 Dublin City Council Regular Meeting Agenda 4
Attachment 1 - Resolution 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
4.4 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 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
4.5 Second Reading of Ordinance Amending Chapter 2.32 of the Dublin Municipal Code Establishing a District-Based Election System and Approval of Resolution Adopting the City of Dublin Official District Map
The City Council will consider adopting an Ordinance Amending Chapter 2.32 of the Dublin Municipal Code Establishing a District-Based Election System and Approving a Resolution Adopting the City of Dublin Official District Map. The City Council waived the first reading and introduced the Ordinance on August 16, 2022 and is now requested to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Amending Chapter 2.32 of the Dublin Municipal Code Establishing a District-Based Election System and approve the Resolution Adopting the City of Dublin Official District Map.
Staff Report
Attachment 1 - Ordinance Amending Chapter 2.32 of the Dublin Municipal Code Establishing a District-Based Election System
Attachment 2 - Resolution Adopting the City of Dublin Official District Map September 06, 2022 Dublin City Council Regular Meeting Agenda 5
Attachment 3 - Exhibit A to the Resolution - Map 112
4.6 Purchase of Replacement Chairs, Tables, and Related Equipment for Shannon Community Center
The City Council will consider authorizing the purchase of replacement chairs, tables, and related equipment from MityLite for Shannon Community Center.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Purchase of Replacement Chairs, Tables, and Related Equipment from MityLite for Shannon Community Center.
Staff Report
Attachment 1 - Resolution Authorizing the Purchase of Replacement Chairs, Tables, and Related Equipment from MityLite for Shannon Community Center Attachment 2 - Exhibit A to the Resolution - MityLite Government Pricing Schedule
4.7 First Amendment to the Agreement with European Mobile Werks The City Council will consider approving an amendment to the agreement with European Mobile Werks to increase the not-to-exceed compensation amount.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the First Amendment to the Contractor Services Agreement with European Mobile Werks for On-Call Maintenance and Repair Services.
Staff Report
Attachment 1 - Resolution Approving the First Amendment to the Contractor Services Agreement with European Mobile Werks for On-Call Maintenance and Repair Services Attachment 2 - Exhibit A to the Resolution - First Amendment to the Contractor Services Agreement Between the City of Dublin and European Mobile Werks Attachment 3 - Contractor Services Agreement Between the City of Dublin and European Mobile Werks
4.8 Annual Review of City’s Investment Policy
The City Council will consider approval of the City’s Investment Policy, including proposed changes to enable the City to purchase securities with a final maturity greater than five years as permitted by California Government Code. While not required by statute, annual review of a local agency’s investment policy is recommended by the California Debt and Investment Advisory Commission and is included as a requirement in the City Policy.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the 2022 Annual Review of Investment Policy and Delegation of Authority to Complete Investment Transactions.
Staff Report
Attachment 1 - Resolution Approving the 2022 Annual Review of Investment Policy and Delegation of Authority to Complete Investment Transactions Attachment 2 - Exhibit A to the Resolution - Statement of Investment Policy for the City of Dublin
Attachment 3 - 2022 Statement of Investment Policy for the City of Dublin (Redline)
5. WRITTEN COMMUNICATION – None.
September 06, 2022 Dublin City Council Regular Meeting Agenda 6
6. PUBLIC HEARING – None.
7. UNFINISHED BUSINESS
7.1 Climate Action Plan 2030 and Beyond Reach Codes Report The City Council will receive a report on potential code options for three measures included in the City of Dublin’s Climate Action Plan 2030 and Beyond. The three measures under consideration include Measure EE-1, Achieve All-Electric New Construction; Measure SM-1, Adopt an Electric Vehicle Charging Station Ordinance; and Measure MM- 2, Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials.
STAFF RECOMMENDATION:
Receive the report and provide direction on the three Climate Action Plan 2030 and Beyond measures.
Staff Report (REVISED)
Attachment 1 - Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond
Attachment 2 - Measures EE-1, SM-1, and MM-2 excerpts from the Climate Action Plan 2030 and Beyond
Attachment 3 - Resolution 04-21 Requesting East Bay Community Energy Enroll City of Dublin Residential Accounts in Renewable 100 as the Default Electricity Product Attachment 4 - Resolution 28 -22 Requesting East Bay Community Energy Enroll Dublin Non-Residential Accounts in Renewable 100 as the Default Electricity Product Item 7.1 - PowerPoint Presentation
7.2 Parks and Community Services Report on Dublin-Based Non-Profit and Fundraising Fees
The City Council will receive a report on Dublin-based non-profit and fundraising fees at City of Dublin facilities and their fiscal impact. Options for the City Council to consider are included.
STAFF RECOMMENDATION:
Receive the report and provide direction on Dublin-based non-profit and fundraising fees.
Staff Report
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 September 06, 2022 Dublin City Council Regular Meeting Agenda 7
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.