state law. A local agency’s conflict of interest code is not applicable to mayors, city councilmembers, planning commission members, city managers, or city attorneys, as Government Code Section 87200 requires full Form 700 disclosure for individuals holding these positions.
The Act requires the City to biennially review and determine whether amendments to the Code are required. (Gov. Code § 87306.5.) The last biennial revision to the City’s Code was approved on October 6, 2020, and an additional revision was approved on May 18, 2021.
The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, City departments must determine whether amendments to the Code are necessary and notify the City Council whether or not such amendments are required. (Gov. Code §§ 82011(c), 87306.5.)
Based on previous direction from the City Council and the requirements of the Political Reform Act, Staff completed a thorough review of the Conflict of Interest Code, the job specifications for all City employment positions, as well as the FPPC regulations governing the update process and recommends the following changes to Chapter 2.24.
1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to add three (3) City positions determined by Staff to “make or participate in the making of governmental decisions.” These positions (and accompanying disclosure categories) are:
a. Environmental Sustainability Manager (disclosure category 1) b. Planning Manager (disclosure category 1)
c. Management Analyst II (disclosure category 3)
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to delete two (2) City positions that have been eliminated. a. Economic Development Director/Public Information Officer (deleted via Resolution No. 111-21)
b. Public Works Maintenance Superintendent (deleted via Resolution No. 110-22)
3. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to revise the title of three (3) City positions already designated in the Code. Those positions, and accompanying disclosure category and revisions, are:
a. Administrative Services Director/Director of Finance (disclosure category 3). Revised to Administrative Services Director (disclosure category 3). b. Assistant Director of Administrative Services/Budget (disclosure category 3). Revised to Assistant Director of Administrative Services (disclosure category 3). c. City Engineer (disclosure category 1). Revised to Assistant Public Works Director/City Engineer (disclosure category 1).
The City’s amended Code will not be effective until it has been adopted by the City Council. (Gov.
Code § 87303.)
234
The City Council introduced the ordinance at the October 18, 2022 Council meeting. Staff now recommends that the City Council waive the second reading and adopt the Ordinance amending the Conflict of Interest Code consistent with the changes described above.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code
235
Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3 ORDINANCE NO. XX – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act codified at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, following review of the Code, it was determined that the amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 2.24.020 is amended to read as follows (additions shown in italics and deletions shown in strikethrough):
For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest code as full disclosure is required by Government Code Section 87200 et seq.
The positions listed in this section are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official.
Designated Position Disclosure
Category
Administrative Services
Director/Director of
Finance 3
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City
Manager 1
Assistant Director of
Administrative
Services/Budget 3
Assistant Director of
Community Development 1
Assistant Director of
Parks and Community
Services 2, 3
Assistant Public Works
Director/City Engineer 1
Associate Civil Engineer 1
236
Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 Capital Improvement
Program (CIP) Manager 1
Chief Building Official 1
Chief Information Security
Officer 1
City Clerk 3
City Clerk/Records
Manager 3
City Engineer 1
Code Enforcement
Officer 1
Communications
Manager 1
Community Development
Director 1
“Consultant”* as defined
in FPPC Reg. sect.
18700.3 1
Deputy City Clerk 3
Economic Development
Director 1
Economic Development
Director/Public
Information Officer 1
Environmental
Coordinator 1
Environmental
Sustainability Manager 1
Finance Analyst 1
Heritage and Cultural Arts
Manager 1
Housing Specialist 1
Human Resources
Director 3
Human Resources
Manager 3
Information Services
Manager 3
Management Analyst II 3
Parks and Community
Services Director 1
Plan Check Engineer 1
Planning Manager 1
Principal Planner 1
Public Works
Director/Assistant City
Engineer 1
Public Works Manager 1
Public Works
Maintenance
Superintendent 1
Public Works
Transportation and
Operations Manager 1
Recreation Manager 3
Recreation Supervisor 2, 3
Senior Civil Engineer 1
Senior Code Enforcement
Officer 1
Senior Management
Analyst 3
Senior Planner 1
237
Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 Special Projects Manager 1
Senior Public Works
Inspector 1
Designated Boards and
Commissions
Disclosure
Category
Human Services
Commission 1
Heritage and Cultural Arts
Commission 1
Parks and Community
Services Commission 1
* Consultants/new positions shall be included in the list of designated employees and shall disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Section 81008.) Section 2. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three 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 1st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
238
STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approve Purchases from JAM Services, Inc. of Traffic Signal, Communications, and Streetlight Equipment
Prepared by: Sai Midididdi, Associate Civil (Traffic) Engineer EXECUTIVE SUMMARY:
The City Council will consider authorizing purchases from JAM Services, Inc. of traffic signal, communications, and streetlight equipment up to $300,000. JAM Services, Inc. was approved as a sole source vendor for such equipment on April 2, 2019.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Purchase of Traffic Signal, Communication, and Streetlight Equipment Purchases from JAM Services, Inc.
FINANCIAL IMPACT:
There are sufficient funds available in the adopted Capital Improvement Program (CIP) for these purchases, and the annual operating budget includes funding for related, non-CIP purchases.
DESCRIPTION:
The City’s current traffic signal, communications, and streetlight equipment are proprietary in nature. Examples of such equipment are luminaires, pedestrian push buttons, LED vehicle and pedestrian indications, traffic signal battery backup systems, lighted crosswalks, traffic signal poles, streetlight poles, flashing beacons, network communication devices, vehicle detection systems, and illuminated street name signs. This equipment is needed to implement improvements associated with various Capital Improvement Program (CIP) projects and for repair or replacement of existing facilities that are damaged or fail due to end-of-service-life issues.
JAM Services, Inc. is a supplier providing a diverse variety of products, including those that are 239
proprietary in nature. JAM Services, Inc. is the exclusive distributor or preferred reseller for several equipment manufacturers. The following products are currently installed in the City and sold solely by JAM Services, Inc.: illuminated street name signs, audible pedestrian push buttons, lighted crosswalks, and traffic signal battery backup systems. On April 2, 2019, the City Council approved JAM Services, Inc. as a sole source vendor per section 2.36.100(B)(1) of the Dublin Municipal Code and authorized the execution of purchase agreements for traffic signal, communications, and streetlight equipment, with a total not-to-exceed (NTE) amount of $300,000 (Resolution No. 21-19).
The City has reached the NTE amount for purchases from JAM Services, Inc. and Staff is seeking City Council approval to set a new NTE of $300,000 for additional equipment purchases needed for ongoing CIP projects and City operations. Staff expects this amount to be sufficient to cover equipment purchases over the next three years.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Purchase of Traffic Signal, Communication, and Streetlight Equipment Purchases from JAM Services, Inc.
2) Resolution No. 21-19
240
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PURCHASE OF TRAFFIC SIGNAL, COMMUNICATION, AND STREELIGHT EQUIPMENT PURCHASES FROM JAM SERVICES, INC.
WHEREAS, new traffic signals, communications, and streetlight equipment are necessary for the implementation of Capital Improvement Program (CIP) projects and for City of Dublin operations; and
WHEREAS, JAM Services, Inc. is the leading and trusted supplier of high-quality traffic signal, communications, and streetlight equipment; and
WHEREAS, on April 2, 2019, the City Council adopted Resolution No. 21-19 approving JAM Services, Inc. as a sole source vendor of the traffic signal, communications, and streetlight equipment per the Municipal Code Section 2.36.100 for a not-to-exceed amount of $300,000; and
WHEREAS, additional equipment purchases are needed for current and future Capital Improvement Program projects or City operations, thus a new purchase threshold of $300,000 is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve purchases from JAM Services, Inc., for a not-to-exceed amount of $300,000.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the purchase agreements with Jam Services, Inc., provided the purchase amount individually or collectively is within the not-to-exceed amount and take any other actions as may be necessary or appropriate to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
241
RESOLUTION NO. 21 — 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING JAM SERVICES, INC. AS A SOLE SOURCE VENDOR FOR TRAFFIC SIGNAL,
COMMUNICATIONS AND STREETLIGHT EQUIPMENT
WHEREAS, new traffic signal, communications and street light equipment is necessary for the implementation of Capital Improvement Program (CIP) projects and for City of Dublin operations; and WHEREAS, the firm JAM Services, Inc. is the leading and trusted supplier of high-quality traffic signal, communications and streetlight equipment; and WHEREAS, Staff has determined that JAM Services, Inc. is qualified to be a Sole Source Vendor as per the City of Dublin' s Municipal Code Section 2.36. 100; and WHEREAS, the vendor will be compensated for the traffic signal, communications and streetlight equipment supplied on a task- by-task basis and for a not to exceed amount of $ 300, 000 applicable individually or collectively.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve JAM Services, Inc. as a sole source vendor of the traffic signal, communications and streetlight equipment for a not- to- exceed amount of $ 300, 000, with funds that have been approved and appropriated for Capital Improvement Program projects or City operations.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute purchase agreements with Jam Services, Inc., as long as the purchase amount individually or collectively is within the not-to- exceed amount and take any other actions as may be necessary or appropriate to carry out the intent of this Resolution.
PASSED, APPROVEDAND ADOPTEDthis 2nddayof April2019, bythe followingvote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES:
ABSENT:
ABSTAIN:
r
N'
4a;. 'r
ATTEST:
City Clerk
Reso No. 21- 19, Adopted 4/ 2/ 2019, Item 4. 7 Page 1 of 1 ATTACHMENT - 2
242
STAFF REPORT
CITY COUNCIL
Agenda Item 4.6
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Wallis Ranch Community Park Naming
Prepared by: Bridget Amaya, Assistant Parks & Community Services Director EXECUTIVE SUMMARY:
The City Council will select a name for the new community park near the Wallis Ranch residential neighborhood.
STAFF RECOMMENDATION:
Select the name Wallis Ranch Community Park for the new community park near the Wallis Ranch residential neighborhood.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Wallis Ranch Community Park is located on three separate parcels between Tassajara Road and the Wallis Ranch residential neighborhood. The park is 8.85 acres in size with a design theme - “Windswept Grasslands”.
After soliciting public input through surveys and public meetings, Staff presented the conceptual plans for the park to the Parks and Community Services Commission on July 19, 2021. The City Council approved the Commission’s preferred conceptual design on September 21, 2021 (Attachment 1).
243
The park will include the following amenities:
Parcel 16 – Playground
Playgrounds for ages two to five years and five to 12 years Picnic areas
Grass area for informal play
Restroom building with two single-occupant restrooms
Parcel 21 – Sport Courts
Three lighted tennis courts individually fenced with windscreens One lighted tennis court with a four-court pickleball overlay Four lighted pickleball courts
Two lighted basketball courts
Picnic area
Fitness circuit
Restroom building with two single-occupant restrooms
Parcel 22 – Dog Park
Big and small dog areas with separated fencing
Entry plaza
Seating area
Drinking fountains with integrated dog bowls
Secondary gate to allow for turfgrass restoration
The City’s Park Naming policy allows for public input on name suggestions, after which the top- ranked names are presented to the Parks and Community Services Commission for consideration and recommendation to the City Council.
Staff used an online survey to solicit input from the public for potential names for the park. The survey was available for approximately three weeks, from September 14 to October 2, 2022, and advertised on the City’s website, newsflash features, and social media. A total of 379 persons responded to the survey. The survey included an image of the conceptual theme and design and a list of the park amenities. Respondents were able to rank a list of suggested names along with the option of writing in additional name suggestions.
As a general guideline, names for the park should reflect the following considerations:
Geographic location and characteristics
Landscaping, topography, and natural features
Design amenities or features
Historical significance
Recognition of a significant contributor to the advancement of the City Land or area is traditionally known as...
Adjoining neighborhood, area, or street
244
The following three names received the highest survey rankings from the online public survey and were considered by the Parks and Community Services Commission at their October 17, 2022, meeting:
Wallis Ranch Community Park
Windmill Meadows Park
Valley Breeze Park
From these names, the Parks and Community Services Commission recommends to the City Council that the park be named Wallis Ranch Community Park, since the name is synonymous with the area.
Construction documents for the park are near completion, with a tentative park opening scheduled in spring 2024.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Commission Agenda was posted.
ATTACHMENTS:
1) City Council Approved Conceptual Design
245
0’ 20’ 40’ 80’
21006_PrelimAlts_30x72.indd
FUTURE COMMUNITY PARKNEAR THE WALLIS RANCH DEVELOPMENT
ALTERNATIVE A
July 19, 2021
TASSAJARA CREEK
QUARRY LANE
SCHOOL
WALLIS
RANCH
COMMUNITY
CAMP PARKS
TO I-580
TO FALLON RD
TASSAJARA RD
PARCEL 22
SEPARATED DOG PARK
WITH NATURAL TURF
AND INFRASTRUCTURE
FOR ROTATION OF TURF
MAINTENANCE
ORCHARD GRID
ACCENT TREES, TYP.
ENTRY PLAZA
SHADE TREE, TYP.
TURF
PARKING LOT,
LIGHTED SPORTS COURTS
(3 DEDICATED TENNIS, 4 DEDICATED PICKLEBALL,
1 TENNIS/PICKLEBALL COMBO)
BASKETBALL COURTS (2)
FITNESS AREA
PICNIC AREA
ENTRY PLAZA
TOT PLAY AREA
YOUTH PLAY AREA
CENTRAL PLAZA WITH
GROUP PICNIC AREA
OVERLOOK
OPEN TURF
RECREATION AREA
ENTRY PLAZA
RESTROOM
PARCEL 21
PARCEL 16
WALLIS RANCH DR
RUTHERFORD
DRIVE
EXISTING SCULPTURE
Attachment 1
246
STAFF REPORT
CITY COUNCIL
Agenda Item 4.7
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Two-Year Strategic Plan Quarterly Update
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will receive a status update on the City’s Two-Year Strategic Plan.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council adopted the City’s Two-Year Strategic Plan on April 19, 2022. This Plan sets the overall direction for the City, guiding resources and setting specific objectives to drive City action.
The Plan coincides with Fiscal Years 2022-23 and 2023-24.
This report represents the first of eight quarterly Strategic Plan updates, covering the period of July 1, 2022, through September 30, 2022. Updates for the strategies and objectives are provided in Attachment 1.
STRATEGIC PLAN INITIATIVE:
None.
247
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Strategic Plan Quarterly Update
248
Attachment 1 – Strategic Plan Quarterly Update
Strategy 1: Downtown Dublin and Economic Development
Objective Update
A Continue support of the downtown
preferred vision and downtown specific
plan including improving visual and
environmental quality and evaluating
specific business uses.
In Progress.Staff continues to work with the majority Property Owner of the Dublin Place shopping center on the Downtown Preferred Vision (DPV). The Property Owner’s team has shared a master site plan that shows modifications to the town square and street grid network while still capturing the intent of the DPV.
B Pursue mixed-use projects to create
economic vitality.
In Progress.The work being done as part of Objective A will include a mixed-use development project bordering the town square. Staff also continue to have discussions with developers who are interested in other areas of the Downtown Dublin Specific Plan area for mixed-use opportunities.
C Grant conditional tax and/or
development fee relief for new
developments in the Downtown.
Not Started.
D Support local businesses and new
business attraction (ensure revenue-
generating industries).
In Progress.The City’s Small Business Recovery Playbook’s strategic initiatives include helping support local businesses through webinars, roundtables, job fairs, and a new business spotlight program. For business attraction, Staff has been reaching out to retailers and food and beverage tenants regarding second-generation restaurant spaces available. Several new tenants have signed leases and have submitted plans for their tenant improvements.
E Continue the Fallon-East development
strategy.
In Progress.Staff continues to hold regular meetings with the GH PacVest team as they prepare a development proposal. Staff is also processing map applications for the Branaugh and Righetti properties.
Strategy 2: Housing Affordability
Objective Update
A Develop a Certified Housing Element
that balances the location of housing
options for all income types.
In Progress.Staff is updating the Draft Housing Element to address comments from HCD and interested parties, preparing related amendments to policy documents, and preparing the CEQA analysis for consideration by the Planning Commission and City Council this fall.
B Ensure the City’s inclusionary zoning
regulations incentivize targeted housing
production.
Not Started.
C Prepare a nexus study to evaluate the
affordable housing commercial linkage
Not Started.
249
Attachment 1 – Strategic Plan Quarterly Update
fee and affordable housing in-lieu fee for
for-sale and rental housing.
D Facilitate the production of affordable
housing for lower income seniors,
workforce, and special needs
households.
In Progress.Staff submitted a $3.3M Local Housing Trust Fund Grant application for the Amador Station/BRIDGE Housing project. Staff are working with BART and BRIDGE Housing on the terms of the ground lease reassignment. Staff has also been in discussions with BRIDGE on a potential pre-construction loan that would provide funding needed for BRIDGE to gain site control.
E Review the housing market analysis and
establish a strategy to meet the “middle
market” demand, if needed, to ensure
right mix.
Not Started.
F Review ownership programs for first-
time buyers and explore alternative
options.
Not Started.
Strategy 3: Infrastructure Maintenance and Reinvestment Objective Update
A Use surplus and lump sum funding to
increase the City’s internal service
funds.
In Progress.The FY 22-23 Budget includes a $2 million transfer to Internal Service Fund.
B Provide on-going condition assessments
of aging city facilities and assets.
In Progress.Dublin continues to utilize MCT’s StreetSaver software for pavement inspection and maintenance planning. MCE is conducting quarterly quality assurance reviews of all buildings and parks. Recruitment for the Maintenance Coordinator position is underway.
C Explore finance options for long-term
pavement management needs.
In Progress.The City Council approved the designation of $2 million from the FY 21- 22 General Fund surplus for the project, and Staff continues to explore additional funding options. The MTC 2021 Regional Pavement Condition Summary Report was released in September. Dublin’s Pavement Condition Index (PCI) is 82 (Very Good) but dropped two points from the prior year. Staff is working with pavement engineering consultant to draft a multi-year paving plan.
D Explore use of funding mechanisms like
community facilities districts for capital
and on-going maintenance needs.
In Progress. All of the Fallon East properties, as well as the East Ranch development, will have a requirement to form or annex into a CFD (subject to the City Council discretion) for Public Services for new public infrastructure, such as streets and parks.
250
Attachment 1 – Strategic Plan Quarterly Update
E Continue to implement measures
identified in the Climate Action Plan.
In Progress. Two CAP 2030 Reach Codes are in development: all-electric new construction (Measure EE-1) and electric vehicle charging stations (Measure SM-1) codes.
Strategy 4: Organizational Health
Objective Update
A Use existing reserves to address the
unfunded Dougherty Regional Fire
Authority (DRFA) pension liability.
In Progress. The FY 22-23 Budget includes an additional lump-sum payment of $3.46 million from the designated reserve to address the DRFA unfunded liability.
B Complete an update to the Public
Facility Fee Program.
In Progress. Staff has retained the services of Willdan to assist with the update to the program. Willdan is compiling all of the necessary data to inform the various fee amounts by category with an estimated completion of Winter 2023.
C Make annual contributions to reserves
for the early payoff of the energy
efficiency bonds.
In Progress. The City Council approved an additional $2 million from the FY 21-22 General Fund surplus to the existing reserve. The reserve balance as of September 30, 2022, is $6 million.
D Conduct a feasibility study into the fiber
connectivity between City facilities.
In Progress. A new CIP, Municipal Fiber (GI0323) was created. The first phase is to solicit consultant services to develop a five-year fiber optic master plan and feasibility study.
E Complete an update to the User Fee
Study.
Not Started.
Strategy 5: Safe and Accessible Community
Objective Update
A Evaluate the feasibility and strategies for
a community-wide fiber network.
Not Started.
B Continue to engage with the community
using all appropriate methods to share
and exchange information.
In Progress. Engagement with the community on the City’s social media accounts continues to increase. In the past year, “reach” has increased 97% on Instagram and 74% on Facebook (Twitter not available). From mid-October 2021 to mid-October 2022, there had been a 112% increase in profile visits on Instagram, and a 176% increase in page visits on Facebook. From July to October 2022, engagement has increased 91% on Instagram and 45% on Facebook.
251
Attachment 1 – Strategic Plan Quarterly Update
Flyers for senior events are being translated into four different languages – Chinese; Filipino; Korean; and Hindi. Staff is finalizing an agreement for on-call translations services to assist in ongoing translation needs.
C Provide more opportunities for
residents to complete transactions with
the City online, with appropriate
security measures.
In Progress. Staff is implementing the new enterprise resource planning software update, and this will allow residents and businesses to pay for non-recreation services through this web-based portal upon completion.
D Ensure programs remain affordable and
accessible to all members of the
community, especially lower income
families and seniors.
In Progress.The 2022 Benefit Concert raised $1,800 for the fee assistance program for youth and seniors. The event was moved to the first Farmers’ Market of the season, attracting more attendance, and creating additional awareness of the fee assistance program.
The Dublin LEAD Program was $140 for the entire summer. The program promotes leadership and development skills, including interviewing and resume-building, customer service, and other professional skills, for grades 6-12.
The Senior Center offers several programs that are free to senior participants.
Programs include: an orientation to seniors to help them become familiar with the Center, staff, programs, and activities; “Senior Cinema,” including a movie, drinks, and popcorn; and senior mixers which include fun and educational experiences.
E Support existing and innovative public
safety efforts, like the DPS Behavioral
Health Unit.
In Progress. DPS launched the Behavioral Health Unit in July 2022. A supervisor and clinician have been hired. DPS continues to work to hire a second clinician.
F Support community awareness of
protected and preserved open space in
and around Dublin.
In Progress.The Dublin Trail Challenge encouraged community members to walk, run or hike all 26 miles of trails in Dublin. Those that completed the challenge received a free shirt. The event was free and open to all ages.
The City hosted another Goosechase game that encouraged people to visit places all around Dublin using pictures of those sites from years ago, then to take a photo of the site to see how much it has changed. The game encouraged residents to visit parks and places of historical interest all around Dublin.
252
STAFF REPORT
CITY COUNCIL
Agenda Item 4.8
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Nissan Commercial Car Wash (PLPA-2022- 00003)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
On October 18, 2022, the City Council held a Public Hearing to consider the Nissan Commercial Car Wash project 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 City Council waived the first reading and introduced the Ordinance approving an amendment to the Planned Development Zoning and adopted a Resolution approving the Conditional Use Permit and Site Development Review Permit. The City Council will hold a second reading of the Ordinance approving the Planned Development Zoning.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial Project.
FINANCIAL IMPACT:
All costs associated with processing the Planning Applications are borne by the Applicant.
DESCRIPTION:
Background
The project site is located at the southwest corner of Dublin Boulevard and Kaiser Road as shown in Figure 1 below.
253
Figure 1. Project Location
The property owner proposes to construct a commercial self-service car wash on the project site consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking stalls, and related site improvements. The car wash would be open to the public and also used by the planned Nissan and Infiniti automobile dealerships. The proposed car wash is not an allowed use under the PD zoning and, therefore, requires an amendment to the existing PD zoning (Ordinance No. 03-19). In addition, the project requires approval of a Conditional Use Permit and a Site Development Review Permit. Please refer to Attachment 2 for a complete description of the project.
On October 18, 2022, the City Council held a public hearing, waived the first reading and introduced the Ordinance amending the Planned Development Zoning. The City Council also adopted a Resolution approving the Conditional Use Permit and Site Development Review Permit.
The City Council is being asked to hold a second reading and adopt the Ordinance, included as Attachment 1.
ENVIRONMENTAL DETERMINATION:
On September 20, 2016, the City Council certified the Kaiser EIR and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16). Pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15162, the proposed project was examined to determine if further environmental review is required.
Based on a review of the project, the environmental analysis in the Kaiser EIR and all of the information in the project record as a whole, the City has determined that there is no substantial 254
evidence that any of the supplemental review standards are met. The proposed project is within the scope of the project analyzed in the Kaiser EIR because the proposed car wash is within the maximum intensity of commercial development anticipated. The circumstances under which the project is to be undertaken have not substantially changed since the Kaiser EIR was prepared and will not substantially change with approval of the project. As supported by the project description and Site Development Review Permit plans, the Kaiser EIR adequately describes the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required by the project other than those previously disclosed and analyzed in the Kaiser EIR. Approval of the project would not create any site‐specific operations giving rise to environmental effects different from those examined by the Kaiser EIR or requiring the preparation of an Initial Study. The proposed project would be subject to the Kaiser Dublin Medical Center Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Sections 15162 and 15168(c), the project impacts are covered by the Kaiser EIR and no further environmental review is required for this project.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial Project
2) City Council October 18, 2022 Staff Report, without attachments 255
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3 ORDINANCE NO. xx – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 03-19 FOR THE KAISER COMMERCIAL PROJECT
PLPA 2022-00003
(APN 985-0027-026-00)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Property Owner and Applicant, Dosanjh Real Estate, LLC, submitted an application to construct a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a parking area with 15 vacuum stalls and related site improvements. The applications include an amendment to Planned Development Zoning (Ordinance No. 03-19) for Kaiser Commercial, a Conditional Use Permit and a Site Development Review Permit. The proposed development and applications are collectively known as the “Project.”
B. The Project site is approximately one-acre located on the southwest corner of Dublin Boulevard and Kaiser Road (Assessor Parcel Number 985-0027-026-00).
C. On October 4, 2016, the City Council approved a Planned Development Rezone with a Stage 1 Development Plan for the Kaiser Dublin Medical Center Project which included the subject site as part of Phase IB (also known as Kaiser Commercial) (Ordinance No. 07-16).
D. On May 7, 2019, the City Council approved a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan for the Kaiser Commercial site as part of the Nissan Automobile Dealership project (Ordinance No. 03-19).
E. An amendment to Planned Development Zoning (Ordinance No. 03-19) is necessary to allow the proposed use.
F. In accordance with the California Environmental Quality Act (CEQA) certain projects require review for environmental impacts and, when applicable, environmental documents to be prepared.
G. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project Environmental Impact Report (EIR), which included the subject site identified as Phase 1B, and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16, incorporated herein by reference).
H. Pursuant to the requirements of CEQA, the Project was examined to determine if further environmental review is required. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures Attachment 1
256
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Sections 15162 and 15168(c) exist.
I. Following a properly noticed public hearing on September 27, 2022, the Planning Commission adopted Resolution No. 22-12, recommending denial of an amendment to Planned Development Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours.
J. On October 18, 2022, the City Council held a properly noticed public hearing on the Project, including the proposed amendment to Planned Development Zoning (Ordinance No. 03-19), at which time all interested parties had the opportunity to be heard.
K. Staff Report dated October 18, 2022, and incorporated herein by reference, described and analyzed the Project, including the proposed amendment to Planned Development Ordinance No. 03-19, for the City Council.
SECTION 2: AMENDMENT TO EXISTING STAGE 1 AND STAGE 2 DEVELOPMENT PLAN Amendment to the PD Stage 1 and Stage 2 Development Plan is limited to adding Car Wash/Detailing as a Conditionally Permitted Use with the following notation:
Notes:
5. Use allowed on Parcel 2 and only when supporting a City-revenue generating use within the Kaiser Commercial Project Area.
SECTION 3. 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 4. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption. 257
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1 st day of November, 2022, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
258
STAFF REPORT
CITY COUNCIL
Agenda Item 6.1
DATE: October 18, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT:
Nissan Commercial Car Wash (PLPA-2022-00003)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
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.
FINANCIAL IMPACT:
All costs associated with processing the Planning Applications are borne by the Applicant.
DESCRIPTION:
Background
The project site is located at the southwest corner of Dublin Boulevard and Kaiser Road as shown in Figure 1 below. Residential and commercial uses surround the site as shown in Table 1 below.
259
Figure 1. Project Location
Table 1: Surrounding Land Uses
Location Zoning General Plan Land
Use
Current Use of the
Property
North PD (Planned Development)
Ordinance No. 06-00
High Density
Residential
Multi-Family Residential
(The Terraces)
South PD Ordinance No. 03-19 Medical Campus /
Commercial
Vacant / Nissan and
Infiniti Auto Dealerships
(planned)
East PD Ordinance No. 07-16 Medical Campus Kaiser Medical Center West PD Ordinance No. 03-19 Medical Campus /
Commercial
Vacant
The City Council approved the Kaiser Medical Center project in 2016. The approvals included a General Plan and Eastern Dublin Specific Plan Amendment (Resolution No. 151-16), Planned Development (PD) Rezone with a Stage 1 Development Plan for the entire project site, a Stage 2 Development Plan for the first phase (Phase 1A) of the Kaiser facilities (Ordinance No. 07- 16), and a Development Agreement (Ordinance No. 08-16).
The General Plan and Eastern Dublin Specific Plan Amendment established two land use designations, Medical Campus on approximately 36 acres for up to 950,000 square feet of medical campus uses and Medical Campus/Commercial on approximately 22 acres for up to 250,000 square feet of commercial uses (referred to as Phase 1B). The Medical Campus land use designation is intended to provide an attractive, campus-like setting for medical offices, hospitals, and other non-retail commercial uses. The Medical Campus/Commercial land use 260
designation accommodates a range of commercial uses including regional- and community- serving retail uses, professional and administrative offices, hotel, entertainment, automotive sales, and eating and drinking establishments. Development of a self-service car wash facility on the Medical Campus/Commercial site is the proposed project.
The PD zoning for the commercial site focuses on uses that will generate revenue to the City.
The focus on revenue-generating uses is unique to this PD and stemmed from the loss of tax revenue as a result of the uses allowed by the General Plan land use change to Medical Campus to accommodate the Kaiser Medical Center.
Kaiser subsequently sold Phase 1B. In February 2019, the new property owner subdivided the Phase 1B site into four parcels as shown in Figure 1. In addition, in April 2019, the City Council approved a PD Rezone with a Stage 2 Development Plan for all four parcels of the commercial site (Ordinance No. 03-19). Parcels 1-3 are currently vacant and the subject project, Nissan Commercial Car Wash, is proposed on Parcel 2. Nissan and Infiniti automobile dealerships have been approved on Parcel 4; the building permit for the Nissan dealership has been issued and the building is currently under construction. A building permit application for the Infiniti dealership has been submitted.
On May 17, 2022, City Council held a Study Session on the proposed project and provided direction to Staff to proceed with reviewing this application and an amendment to the PD zoning to allow a commercial car wash. In addition, the City Council directed Staff to evaluate the proposed color scheme, potential noise mitigation, additional mature landscaping and provide notice of the Community Meeting to the Apex community located just west of the project site.
Proposed Project
The property owner proposes to construct a commercial self-service car wash on the project site consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking stalls, and related site improvements. The car wash would be open to the public and also used by the planned Nissan and Infiniti automobile dealerships.
The proposed car wash is not an allowed use under the PD zoning and, therefore, requires an amendment to the existing PD zoning (Ordinance No. 03-19). In addition, the project requires approval of a Conditional Use Permit and a Site Development Review Permit.
Analysis
Planned Development Zoning Amendment
An amendment to the existing PD zoning is proposed to add “Car Wash/Detailing,” as defined by the Zoning Ordinance, as a conditional use on Parcel 2. As previously stated, the uses currently allowed in the PD focus on revenue generating uses, which is unique to this PD. In evaluating revenue from other car washes in the City, the revenue generated from car washes is minimal. However, the proposed car wash is also unique in that it supports the Nissan and Infiniti automobile dealerships, which are planned City-revenue generating uses within the 261
PD. The proposed amendment to the PD continues to support the focus on revenue generating uses and would provide a local-serving commercial use that benefits planned businesses within the development as well as the community.
The requirement for a Conditional Use Permit (CUP) provides a tool to help ensure that the operation and use of the car wash is compatible with surrounding commercial and residential uses. No other changes to the PD are proposed.
The draft Ordinance is included as Attachment 1.
Conditional Use Permit
As noted above, the proposed use would require approval of a CUP. The CUP process allows the City to review the operation of the proposed use to ensure that it is consistent with the intent of the Zoning Ordinance and to limit the likelihood of impacts on existing and future businesses within the Kaiser Commercial development as well as adjacent residential and commercial uses.
Operation: The proposed car wash will operate from 8:00 a.m. to 6:00 p.m. daily. The peak periods of operation are anticipated to be Friday afternoons, and Saturday and Sunday mornings. The Applicant, which also operates the Nissan and Infiniti automobile dealerships, anticipates that the Nissan and Infiniti dealerships would use the car wash Monday through Saturday for approximately 10-20 vehicles per day depending on their needs.
A car wash cycle through the tunnel takes approximately 2.5 minutes to complete; however, due to the tunnel’s conveyance system, multiple vehicles can be in the tunnel at one time.
Therefore, it is estimated that the car wash tunnel can accommodate a maximum of 29 vehicles per hour, which is the equivalent to one vehicle loaded every two minutes on the conveyor. Upon completion of the car wash, a customer can park at one of the 15 vacuum parking spaces where 17 individual vacuum stations are located. The additional vacuum stations provide access to both sides of the vehicle at every parking stall.
During the hours of non-operation, access to the site will not be restricted; however, the pay station, car wash tunnel and vacuum stations will be powered off. For security purposes, site lighting will remain on.
Noise: The Applicant submitted a Noise Assessment Study (NAS) as part of their application materials, which analyzed the noise impacts of the proposed car wash including the vacuum area. The NAS evaluated noise exposure from the property line to the closest residential buildings located across Dublin Boulevard. The NAS is included as Attachment 4.
The NAS was required for the project to address to the Noise Element of the Dublin General Plan. The Noise Element uses the Community Noise Equivalent Level (CNEL), which is a time- weighted 24-hour average noise descriptor commonly used to describe community noise 262
environments. Noise levels averaged over 24 hours are often termed “noise exposure.” The normally acceptable noise exposure for residential land uses is 60 decibels (dB) CNEL. As the City does not have noise standards for car wash noise impacts on residential land uses, 60 dB CNEL was used in the study as the limit for project-generated noise at the nearest and most impacted residences across Dublin Boulevard from the site.
The NAS concluded that car wash operational noise would not exceed 60dB CNEL nor add to the existing noise environment at the residences across Dublin Boulevard.
The City engaged the services of First Carbon Solutions (FCS), an acoustical engineer, to peer review the NAS. According to FCS, the NAS clearly identified the proposed project’s stationary operational noise levels and their potential to result in a substantial permanent increase in ambient noise levels in the project vicinity within the standards established in the General Plan. The operational noise level calculations are verifiable and accurately calculated as measured at the nearest sensitive receptor land use.
In order to ensure that the operation of the car wash is within the anticipated limits of the NAS, a condition of approval is included to require an assessment of the actual noise levels at the car wash tunnel to be conducted prior to the facility beginning operation. The assessment would be required, for review and approval of the Community Development Director, prior to operation of the proposed car wash.
The Resolution, including findings specified in Dublin Municipal Code Section 8.100.060, approving the CUP and conditions of approval is included as Attachment 2.
Site Development Review Permit
A Site Development Review Permit is required for all new principal structures. The following is a summary of the key components of the project associated with the Site Development Review Permit.
Site Plan, Access, and Circulation: The project site is accessed on the east side of the property from an existing driveway off Kaiser Road as shown in Figure 2. No direct access from Dublin Boulevard is proposed. The intersection of Kaiser Road and Dublin Boulevard is a shared intersection for access to the Kaiser Dublin Medical Center, the Nissan and Infiniti car dealerships, and the vacant commercial sites.
The proposed car wash tunnel is proposed on the west side of the property, perpendicular to Dublin Boulevard. The vacuum stations, with 15 parking spaces, are proposed in the middle of the site in two rows. The car wash tunnel and outdoor vacuum stations would be visible from Dublin Boulevard. This placement also results in some units at The Terraces across Dublin Boulevard having direct visual access into the car wash tunnel and vacuum stations. 263
Once on site, two vehicle lanes are provided
for queuing to the pay station and entry from
the north end into the car wash tunnel. The
two pay station lanes provide queuing storage
for approximately 14 vehicles. As vehicles
continue past the pay stations, the lanes
merge into one lane for access to the car wash
tunnel. This area beyond the pay station
accommodates approximately five vehicles.
Upon exiting the tunnel on the south end, a
vehicle can proceed to either exit the site or
park at one of the 15 vacuum parking spaces.
Prior to entering the car wash tunnel an
escape lane leading directly to the vacuum
stations is also available.
The City engaged the services of Kimley Horn
Associates (KHA) to evaluate traffic impacts and on-site circulation to confirm that queuing for the pay stations and car wash tunnel would be adequate and would not extend onto Kaiser Road and/or Dublin Boulevard. More specifically, KHA prepared a traffic analysis that addressed the following:
1. Trip generation comparison between the proposed project and the allowed trips for the Kaiser Commercial area in the Kaiser Dublin Medical Center Project Environmental Impact Report (Kaiser EIR), including pass-by trips;
2. Operational analysis for pedestrians, bicyclists, and motorists that includes internal site circulation and traffic circulation at access points along Kaiser Road and future adjacent parcels; and
3. Pay station queuing.
In summary, the traffic analysis determined the following:
1. Trip Generation Comparison. The Kaiser EIR assumed that Phase 1B would consist of 250,000 square feet of commercial use, which results in estimated 8,620 daily trips, 447 AM peak hour trips and 775 PM peak hour trips. The proposed car wash is anticipated to result in 34 AM peak hour trips and 78 PM peak hour trips. The planned Nissan and Infiniti auto dealerships estimate 79 AM peak hour trips and 102 PM peak hour trips.
Therefore, the proposed project’s cumulative intersection impacts would be within the impacts identified in the Kaiser EIR
2. Operational Analysis. The analysis concluded that the intersections of Dublin Boulevard/Keegan Street/Kaiser Road and Kaiser Road/Car Wash Access are expected to continue to operate at an acceptable level of service. Therefore, no vehicle 264
operational issues are anticipated due to the car wash project. The lack of vehicle queuing issues also eliminates potential conflicts with the pedestrian and bicycle facilities near the project.
3. Pay Station Queuing. The analysis concluded that the layout of the proposed car wash can accommodate the queues from the pay station. The two queuing lanes to the pay station allow for storage of approximately seven vehicles in each lane, or 14 vehicles total. Five additional vehicles can queue after the pay station prior to entering the tunnel for a total queuing of 19 vehicles on-site. The analysis concluded that the queues were estimated to be a maximum of 24 vehicles in the peak hour. In order to ensure that vehicle queues do not result in any impacts beyond the subject property (i.e., Kaiser Road), Condition of Approval No. 153 requires the Applicant to monitor the queues and enter into an improvement agreement for a supplemental transportation study within the first 12 months of operation or if an obvious queuing issue develops, whichever is sooner.
The traffic analysis is included as Attachment 5.
Parking: The parking requirement for the proposed car wash is regulated by the City of Dublin Zoning Ordinance (Section 8.76.080.D). The parking requirement for a self-service car wash is four spaces, plus additional parking for drying/vacuum areas, plus 20 feet in front of each bay for stacking.
As shown in Table 2 below, the Applicant proposes to provide 15 vacuum parking spaces. An additional five parking spaces are provided on the south side of the property adjacent to the proposed trash enclosure. Over 100 feet between the entrance of the car wash tunnel and pay station is provided for stacking.
Table 2. Parking Requirements
Self-Service
Car Wash
Drying/Vacuum
Area
20’ in Front of Each
Bay for Stacking
No. of Spaces Required 4 15 20 feet
No. of Spaces Provided 5 15 100+ feet
Architecture: The proposed building is long and narrow reflective of its intended use as a car wash tunnel. It is approximately 40 feet wide, 109 feet long, and 30 feet tall. The architecture is contemporary with a lower middle section and taller elements at both ends. The building’s roof is a combination of a flat roof in the middle section and decorative shed roofs at both ends highlighting the taller portions of the building. The building is clad with smooth/flat metal siding painted blue and gray tones. Windows are provided on the upper half of the taller portions of the building and for a small office on the ground floor. The architectural style and materials are compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects within Dublin. The building’s elevations as well as color and materials are shown in the Project Plans on Sheet A301 in 265
Attachment 3.
The vacuum area is designed with a carport-type canopy providing shade for each vacuum parking stall. The vacuum stations are integrated into the carport-type structure with solar panels and use a muted color palette to reduce their prominence as shown on Sheets A302 and A303 of the project plans (Attachment 3). Two stream waste cans for garbage and recycling are also provided at each station.
The Applicant provided photo simulations of the proposed project as seen from Dublin Boulevard and Keegan Street included as Attachment 6.
Landscape: The entirety of the Kaiser Commercial site, including the subject property, was rough graded in 2021 as part of the development of the Nissan dealership and is currently devoid of vegetation. The preliminary landscape plan includes landscaping around the perimeter of property and between the car wash tunnel queue lanes and the vacuum stations.
The conceptual plant pallet includes with a variety of trees, including 24-inch box trees along the perimeter of the site to help screen the internal circulation, parking and vacuum area from Dublin Boulevard and Kaiser Road. The interior of the site is accented with a mix of one-gallon and five-gallon shrubs. New landscape areas are proposed with a variety of drought tolerant plants suitable for low maintenance and water conserving efforts. The landscape concept including the planting plan and palette is provided on Sheet L1 of the Project Plans (Attachment 3).
Public Art Compliance: The Applicant intends to satisfy the City’s public art requirement through the payment of in-lieu fees. Condition of Approval No.18 confirms this intention.
The Resolution approving the Site Development Review Permit and conditions of approval is included as Attachment 2.
General Plan/Eastern Dublin Specific Plan Compatibility The subject property is located within the Medical Campus/Commercial land use designation.
This designation accommodates a range of commercial uses including regional- and community-serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales and eating and drinking establishments. A car wash is a community- serving retail use.
The subject property is also located within the Tassajara Gateway subarea of the Eastern Dublin Specific Plan. The emphasis of this area is to create a “gateway” into eastern Dublin that establishes a positive impression to the travelers that pass through this area. The Specific Plan seeks to achieve this through siting and design of high-profile commercial uses (hotel, conference center, campus office, restaurant) recommended for this area to contribute to the creation of a distinctive “gateway” image. The proposed project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding 266
developments and is compatible with the surrounding neighborhood that includes residential and commercial uses.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided conditions of approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. Conditions of approval from these departments and agencies have been included in the attached City Council Resolution (Attachment 2).
ENVIRONMENTAL DETERMINATION:
On September 20, 2016, the City Council certified the Kaiser EIR and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16). Pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15162, the proposed project was examined to determine if further environmental review is required.
Based on a review of the project, the environmental analysis in the Kaiser EIR and all of the information in the project record as a whole, the City has determined that there is no substantial evidence that any of the supplemental review standards are met. The proposed project is within the scope of the project analyzed in the Kaiser EIR because the proposed car wash is within the maximum intensity of commercial development anticipated. The circumstances under which the project is to be undertaken have not substantially changed since the Kaiser EIR was prepared and will not substantially change with approval of the project. As supported by the project description and Site Development Review Permit plans, the Kaiser EIR adequately describes the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required by the project other than those previously disclosed and analyzed in the Kaiser EIR. Approval of the project would not create any site‐specific operations giving rise to environmental effects different from those examined by the Kaiser EIR or requiring the preparation of an Initial Study. The proposed project would be subject to the Kaiser Dublin Medical Center Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Sections 15162 and 15168(c), the project impacts are covered by the Kaiser EIR and no further environmental review is required for this project.
PLANNING COMMISSION REVIEW:
The Planning Commission considered this project at their regular meeting on September 27, 2022 and voted 3-2 to recommend denial of the project. There were no public comments. The Commission expressed concern with the compatibility of the project with other land uses in the vicinity, on-site circulation and queuing, and the prominent location of the proposed waste enclosure near the entry driveway. It was also noted that the size of the parcel created 267
limitations to development. The Planning Commission found that the proposed use and related structures are not compatible with other land uses in the vicinity and were not envisioned when the City Council approved Planned Development Zoning Ordinance No. 03- 19; the approved Planned Development Zoning for the site focuses on uses that will generate revenue to the City and the proposed use will not meet this important goal, which was included to offset some of the tax revenue loss because of the Kaiser Medical Center; there is no evidence that the lack of a nearby commercial car wash will impact adjacent auto sales; and a low tax revenue generating business should not be encouraged in consideration of the two large undeveloped parcels adjacent to this site.
The Planning Commission Resolution recommending denial of the project is included as Attachment 7.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Two City-led Community Meetings were held on August 24 and 25, 2022, to provide Dublin residents with information about the proposed project. As directed by City Council, notices of the Community Meetings were provided to the Apex community in addition to the “Notify Me” subscription notification created for these meetings. No members of the community attended either meeting.
In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the project site. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant and the City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03- 19 for Kaiser Commercial
2) Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project
3) Exhibit A to the Resolution - Project Plans
4) Noise Assessment Study
5) Traffic Analysis
6) Photo Simulations
7) Planning Commission Resolution No. 22-12
268
STAFF REPORT
CITY COUNCIL
Agenda Item 4.9
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
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.
FINANCIAL IMPACT:
None.
269
DESCRIPTION:
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.
On March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
At that time and through September 2021, the City’s legislative bodies met by teleconference. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.
The City of Dublin began meeting in person beginning in October 2021.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County.
Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may meet remotely when:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing;
· Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022.
270
At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City’s legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, May 17, June 7, June 21, July 19, August 16, September 6, 2022, and October 18, 2022 meetings, the City Council adopted Resolution Nos. 39- 22, 48-22, 65-22, 84-22, 92-22, 101-22, 104-22, and 120-22 respectively, that included the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for 30 days.
The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; · The CDC recommends social distancing of at least six feet due to COVID-19; · There continues to be COVID-19 cases within the state and throughout Alameda County; · Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
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
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3 RESOLUTION NO. xx-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-20 and its successors, the City Council met primarily virtually through September 2021; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and
WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has 272
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3 declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called BA.2, continue to occur in Alameda County and require quarantine periods for exposure; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the ongoing existence COVID-19 cases due in part to the highly contagious Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees exists due in part to the Omicron variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the state of emergency; and b) The state of emergency, as declared by the Governor and City Council, and as specifically related to cases apparently resulting from the Omicron variant, directly 273
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3 impacts the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, to meet safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City staff is directed to facilitate any teleconference meetings, including hybrid meetings, of the City Council and City’s legislative bodies in compliance with AB 361, in order to better ensure the health and safety of the public for a period of thirty days following the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 1st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
274
STAFF REPORT
CITY COUNCIL
Agenda Item 7.1
DATE: November 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Informational Item on Voluntary Special Needs Registry Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will receive a report on voluntary special needs registries (SNRs), which function as channels for parents or guardians of community members with special needs to provide the police with information regarding any assistance those persons may require during an interaction with first responders. The City Council received a report on the SNR concept at the June 15, 2021 meeting. This report provides additional information and next steps for establishing an SNR in Dublin.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
The costs associated with the creation and ongoing management of a special needs registry can be absorbed into Dublin Police Services’ existing staff workload and budget.
DESCRIPTION:
Background
At the June 15, 2021 meeting, the City Council received an informational report on special needs registries (SNRs). A copy of this report is included for reference as Attachment 1. At the meeting the City Council raised the following additional questions:
1. Who can sign up someone else? How is that verified?
2. How are renewals/removals handled?
3. How are minors, aging out, handled?
4. What are the legal liabilities associated with such registries? 275
5. How is information safeguarded?
6. What information solicited is helpful for police officers?
7. What is the threshold for signing someone up?
To answer these questions and guide the development of a Dublin Police Services(DPS) SNR, Staff collected information from representatives of the DPS Behavioral Health Unit, Pacifica Police Department, Livermore Police Department, and the National Alliance on Mental Illness (NAMI) Tri-Valley. Staff also spoke with representatives from Axis Community Health, who did not provide feedback on the SNR, but indicated their willingness to help promote it once established.
The information below summarizes the responses received.
1. Who can sign up someone else? How is that verified?
Individuals themselves, parents, or legal guardians may enroll a person in the SNR. The verification of parents or guardians can vary. The City of Pacifica makes a “good faith effort” to confirm the person providing the information is a parent or guardian. The City of Livermore requires that if the registered individual is an adult, and they do not provide consent themselves or are unable to provide consent due to their disability, the parent/caregiver must provide legal documentation (conservatorship/court order) to show they have the legal authority to make decisions for the individual.
2. How are renewals/removals handled?
Renewals and removals require staff to contact the registered individuals periodically to confirm their information and whether they desire to opt out of the registry.
The City of Pacifica contacts the individuals on their list (approximately 25 people) every two years to confirm their addresses or to remove them from the registry. Similarly, the City of Livermore contacts their SNR listees (approximately 40 individuals) annually to check for any updates or to remove individuals who may wish to opt out. Livermore staff advises individuals to provide updates sooner if they are significant, like a change in address, school, or emergency contact.
3. How are minors, aging out, handled?
Minors who turn 18 years old while on the registry are removed from the registry, unless they are re-registered under the criteria for adults as described above. This is the current policy for the Livermore SNR.
4. What are the legal liabilities associated with such registries? The City would have an obligation to prevent the unwarranted disclosure of medical information. The California State Constitution protects an individual’s rights to privacy in medical records. Specific medical privacy laws, such as HIPAA, apply to health care providers and other covered entities, as defined. While those statutes don’t apply to the City directly, the Public Records Act does apply. However, any information prohibited from disclosure under state and federal law is exempt from disclosure under the PRA.
Special needs registries need to include acknowledgements and authorizations like the following:
276
I am the lawful and legal parent and/or guardian of the person with special needs listed above: [Name of Individual] Relationship: [Nature of Relationship]. I understand the information provided to the [CITY] Police Department is for law enforcement to have all the necessary information to better handle a situation and that information may be subject to public records laws, however, special needs are protected under HIPAA laws and will be redacted when necessary.
RELEASE OF INFORMATION
I, hereby give my permission for the [City] Police Department to retain and distribute the information contained in this registration form to other first responder personnel for the sole purpose of identification and protection of the person identified above in an emergency or crisis situation.
5. How is information safeguarded?
Special needs registry information is maintained on a police department’s Computer Aided Dispatch system. These systems contain sensitive personal information, including DMV records, warrants for arrest, child abuse reporting forms, 5150 psychological hold forms, and so on. Access to this information is on a “Need to Know, Right to Know” basis, meaning that such information is only accessible by designated members of a police department.
The Department of Justice monitors and audits the use of dispatch systems to ensure their proper usage.
Most cities utilize a paper form process for individuals to register on the SNR. These forms can be downloaded online, dropped off in person, or scanned and emailed to an address accessible by the appropriate staff who then upload and maintain the information. Utilizing a digital/web form may have some privacy vulnerabilities whereby other staff members could inadvertently access the information; such forms are not recommended unless the system is directly connected to the dispatch system.
Lastly, when sharing information with officers in the field, the dispatchers must utilize encrypted radio channels. This way, individuals with police radio scanners cannot listen to the sensitive SNR information being shared with officers by dispatch.
6. What information solicited is helpful for police officers? The City of Livermore has spent several years developing their Registration Form (Attachment 2), the iterations of which have been guided with local family and medical professional feedback. In addition to this, staff from the Behavioral Health Unit have reviewed this form and advised that historical information pertaining to prior 5150/psychiatric holds, substance use/abuse, and mental health diagnoses for schizophrenia and PTSD would be valuable information for responding officers. 277
7. What is the threshold for signing someone up?
Staff spoke with a representative from the National Alliance on Mental Illness (NAMI) Tri- Valley to better understand the perspectives of individuals who would potentially utilize a SNR. From their perspective, there is no single, best way to approach the decision to enroll in the SNR as the circumstances around the individual, their relationship with their parent/guardian, and the severity of their mental illness can vary significantly. It is ultimately the prerogative of an individual or their guardian to determine whether participating in the SNR would be in the best interest of the individual. The City should not be involved in the determination of who should or should not be listed on an SNR, but rather provide a voluntary option for those who wish to utilize it.
Dublin Special Needs Registry Program Guidelines
DPS is proceeding with establishing a voluntary Special Needs Registry. Based on the experience of the agencies this report cites, the program will be designed to include the components discussed above, as well as the following:
Uniformity with Livermore’s SNR:There may be instances where individuals who reside elsewhere in the Tri-Valley register for a Dublin SNR due to that individual frequenting the City regularly. For example, there may be circumstances where a child has split custody and spends time in Dublin and Livermore. To assist in these situations and provide information uniformity between jurisdictions, the Dublin SNR will utilize the application form from the Livermore SNR with additional components which capture feedback from the DPS Behavioral Health Unit.
Registration Processing: Under its current capabilities, the City could not rely on fillable website form because the platform lacks the access controls required for medical information. The Dublin SNR would require individuals to complete a PDF fillable form, which can be emailed to a designated email address by DPS, or a physical form that can be dropped off to DPS. From there, the appropriate DPS staff would verify (if required) and manually input the information into the Dispatch System.
Encrypted Radio Required: The Alameda County Sheriff’s Office and Dublin Police Services do not currently encrypt all their radio channels but intend to do so in the future. In the meantime, DPS will provide all SNR information to officers in the field by sending it to their vehicle’s mobile data terminals rather than relay such sensitive information over the radio.
Next Steps
Once established, the City will push out information via its social media channels as well as through targeted outreach to the Dublin Unified School District, special needs parents’ groups, Axis Community Health, NAMI Tri-Valley, and the Dublin Senior Center.
STRATEGIC PLAN INITIATIVE:
None.
278
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) June 15, 2021 Staff Report on Special Needs Registries 2) Example Registration Form
279
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: June 15, 2021
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Informational Report on Voluntary Special Needs Registries Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will receive a report on voluntary special needs registries. Voluntary special needs registries are designed to provide a channel for parents or guardians of community members with special needs to provide the police with information regarding any special assistance that person may require during a disaster, evacuation, emergency, or interaction with first responders. In those situations, police officers will be able to access the information from a secure database to assist them in the interaction.
STAFF RECOMMENDATION:
Receive the report and provide direction, as appropriate.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Under Item 9 of its May 18, 2021 meeting, the City Council made a request for information on voluntary special needs registries.
Background
Voluntary special needs registries are designed to provide a channel for parents or guardians of community members with special needs to provide the police with information regarding any special assistance that person may require during a disaster, evacuation, emergency, or interaction with first responders. In those situations, police officers will be able to access the information from a secure database to assist them in the interaction.
Parents or guardians can enroll a person of any age with any medical condition, mental health condition, or disability in the registry. Examples of this may include, but are not limited to, Attachment 1
280
individuals with Alzheimer’s Disease, Dementia, Bipolar Disorder, Autism Spectrum Disorder, Down Syndrome, and Epilepsy.
Individuals themselves may proactively enroll in the registry to provide important information in case of an emergency. These registries will typically request the following pieces of information regarding the individual with special needs including:
1. A photograph, description, and contract information for the individual and their parents/guardians/caregivers.
2. Locations the individual is familiar with or frequents.
3. Important details regarding any medical, safety, or behavioral concerns.
4. Any other helpful suggestions to assist officers and first responders when interacting with the individual.
This data is stored in a police department’s records/information management systems, which dispatchers have access to during a call for service or contacts with individuals who are listed in the registry. This data is typically retained for a period of one or two years, at which time the individual, parent, or guardian will need to resubmit in order to ensure the data in the registry is current.
A cursory review of California cities found that at least six cities in California employ some form of a voluntary special needs registry:
- Burlingame
- Camarillo
- Hemet
- Irvine
- Pacifica
- Santa Clarita
Analysis
The implementation of such a system would require further discussions with the Alameda County Sheriff’s Office and Alameda County Information Technology Department. One potential option would be to structure the Special Needs Registry like the City’s Personal Security Camera Registration Database. Under this structure, individuals could submit information to the registry via an online form, which would be transferred to Dublin Police Services’ (DPS) computer-aided dispatch system. Under this structure, if DPS receives a call for service at a specific address or officers run a check on a specific person, information from the registry could be shared with the responding officer in the field.
STRATEGIC PLAN INITIATIVE:
None.
281
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
282
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 What is the Livermore Police Department’s Special Needs Registry? The Special Needs Registry is a program offered by the Livermore Police Department as a service to the community. The purpose of the Special Needs Registry is to compile and maintain person records of individuals who have “special needs” due to mental or neurological disabilities and who reside or frequently visit the City of Livermore, who may require special assistance in an emergency or during interactions with Livermore Police Officers. Residents are invited to proactively provide information about a loved one with special needs of any age. The registration is completely voluntary.
How to register
To participate in the Special Needs Registry, complete the Special Needs Registry form below and turn it into the Livermore Police Department. Parents and caregivers may enroll a person of any age with any type of medical condition or disability, including but not limited to: Autism Spectrum Disorder, Alzheimer’s disease, Dementia, Bipolar Disorder, and Down Syndrome. Adults with special needs may also enroll themselves in the program. If the consumer is an adult, and they do not provide consent themselves, or are unable to provide consent due to their disability, the parent/caregiver will have to show legal documentation (conservatorship/court order) to show they have the legal authority to make decisions for the consumer.
What happens once the person is registered?
When a police officer has contact with the consumer listed on this form, our dispatch center will be able to provide our officers with the information needed to successfully interact and communicate with your loved one, as well as provide our department personnel with your emergency contact information ͘ WůĞĂƐĞƌĞƚƵƌŶƚŚŝƐĐŽŵƉůĞƚĞĚĂŶĚƐŝŐŶĞĚĨŽƌŵƚŽƚŚĞ>ŝǀĞƌŵŽƌĞW ŽůŝĐĞĞƉĂƌƚŵĞŶƚĂƚƚŚĞĂĚĚƌĞƐƐďĞůŽǁ͕ ŽƌĞŵĂŝůŝƚƚŽƐŶƌΛůŝǀĞƌŵŽƌĞĐĂ͘ŐŽǀ͘
Attachment 2
283
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 Description of Person with Special Needs
First Name:
Middle Name:
Last Name:
Date of Birth: Race:
Hair Color: Eye Color:
Height:________________________________________ Weight:____________________________________ Scars/Birthmarks/Tattoos/Piercings:
Residence Information
Home Address:
City: ______________Zip Code: _____________Cell Phone Number: _________________________ Are There Any Weapons/Firearms at this Residence?: Yes ܆No ܆ If YES, please describe items and where they are located/how they are secured:________________________________________________________________ ____________________________________________________________________________________________ Parent or Guardian Information
First Parent or Guardian
Name:
Primary Phone: Secondary Phone:
Place of Employment:
Second Parent or Guardian
Name:
Primary Phone: Secondary Phone:
Place of Employment:
284
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 School Information
School Name: ________________________________________________________________________________ School Address: ______________________________________________________________________________ City: ______________Zip Code: _____________School Phone: _________________________ Disability/ Special Need
Primary Diagnosis:
Co-Existing Diagnosis:
Notes:
Information That Might be Helpful to First Responders in The Event of an Emergency Child/Family Member Wandered Before? Yes ܆No ܆
If So, Where Found? __________________________________________________________________________ Favorite Places/Locations: ______________________________________________________________________ Child/Family member attracted to water? Yes ܆No ܆
If attracted to a specific body of water, which one?__________________________________________________ Child/Family Member Able to Swim? Yes ܆No ܆
Child/Family Member Attracted to: Trains ܆Airplanes ܆Heavy Equipment ܆Fire Trucks/Emergency veh.܆ Child/Family Member Attracted to Roadways/Highways? Yes ܆No܆ Child/Family Member Verbal? ܆Nonverbal? ܆
Reaction When Called by Name? _________________________________________________________________ Reaction to Canines or Animals?_________________________________________________________________ Reaction to People in Uniform? __________________________________________________________________ Response to Being Touched? ____________________________________________________________________ Reaction to Sirens/Sounds? _____________________________________________________________________ Reaction to search Aircraft? _____________________________________________________________________ Reaction to lights? ____________________________________________________________________________ 285
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 Please list any characteristics that are associated with this person: (Examples are sensory issues, specific behaviors (stimming), fears, behavioral triggers, meltdown behavior, physical aggression, past dealings with police, calming strategies that work, etc.) Please be as thorough as possible.
Primary method of communication? (words, pictures, device, etc.) 286
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 Favorite Song?_________________________________________________________________________________ Favorite Activity/Sport? __________________________________________________________________________ Favorite Character/Toy? _________________________________________________________________________ Knows Parents Names ܆Home Address ܆Phone Number ܆
Response to Injury/Pain? _________________________________________________________________________ Programs Child/Family Member is Associated With: ___________________________________________________ Health/General Condition:
Overall Health: ________________________________________________________________________________ Overall Physical Condition:_______________________________________________________________________ Handicaps/Deformaties/Prosthetics:_______________________________________________________________ Sensory Issues:_________________________________________________________________________________ Processing Delay:_______________________________________________________________________________ Medications/Dosages:____________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Medication Side Effects: __________________________________________________________________________ 287
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 Photo:
Do you have a current photo of your child/family member to provide Livermore Police Department, which accurately depicts how they look present day? If so, please attach to form here. 288
Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 Emergency Contact Information
First Emergency Contact
Name:
Home Address:
City: Zip Code: Phone:
Second Emergency Contact
Name:
Home Address:
City: Zip Code: Phone:
Please Read and Initial:
I am the lawful and legal parent and/or guardian of the person with special needs listed above: ____________ Relationship ___________________________________
I understand the information provided to the Livermore Police Department is for law enforcement to have all the necessary information to better handle a situation and that information may be subject to public records laws, - F.S.S. Ch. 119 - however, special needs are protected under HIPAA laws and will be redacted when necessary
RELEASE OF INFORMATION
I, hereby give my permission for the Livermore Police Department to retain and distribute the information contained in this registration form to other first responder personnel for the sole purpose of identification and protection of the person identified a bove in an emergency or crisis situation.
Signature: Date:
WůĞĂƐĞƌĞƚƵƌŶƚŚŝƐĐŽŵƉůĞƚĞĚĂŶĚƐŝŐŶĞĚĨŽƌŵƚŽƚŚĞ>ŝǀĞƌŵŽƌĞWŽůŝĐĞĞƉĂƌƚŵĞŶƚĂƚƚŚĞĂĚĚƌĞƐƐďĞůŽǁ͕Žƌ ĞŵĂŝůŝƚƚŽƐŶƌΛůŝǀĞƌŵŽƌĞĐĂ͘ŐŽǀ͘
289
Page8
LivermorePoliceDepartment 1110S.LivermoreAvenue,Livermore,CA94550MainPhoneNumber(925)3714900 FrequentlyAskedQuestions
WHOISELIGIBLE?
Theregistryhasbeendevelopedwiththeintenttoserveallmembers(adultorjuvenile)ofourcommunityor peoplewhofrequentourcommunitywhohavea“specialneed”andwanttoregisterwiththeLivermore PoliceDepartment.
ASSOONASIREGISTER,WILLTHEINFORMATIONBEIMMEDIATELYAVAILABLEINCASEPOLICERESPONSEIS REQUIRED?
No.Theinformationprovidedontheregistrationformwillneedtobeenteredinordertocaptureallrelevant informationinourrecordssystem.Theprocessmaytakeuptotwo(2)weekstobefullyprocessed.An identificationcardwillbeissuedtotheparticipantandmailedtotheaddresslistedinthisform.
WHOHASACCESSTOMYCHILD'SPROFILE?
LivermorePoliceDepartmentpersonnelwhorequirethisinformationintheperformanceoftheirdutieswill haveaccesstotheinformation.Therearestrictregulationswithrespecttoaccessinganddisseminating information.Thesharingofthisinformationwithotherpoliceagenciesduringanemergencycanbehelpful whenapersonisregisteredinLivermorebutwandersoffinanotherjurisdiction.
CANIUPDATEMYPROFILEIFTHEREARECHANGES?HOWDOIDOTHAT? Youmay,however,onlyinformationthathasasignificantimpactonpolicingresponsewillbenecessary.Some exampleswouldincludeachangeinaddress,school,oremergencycontact.Youdonotneedtoreporta changeinhaircutorcolor,aspolicearefamiliarwiththechangesthatcanbemadeandaremorelikelyto noticeheight,weightandeyecolor.Allchangescanbemadeonanewregistryform,whichyouwillthen submittotheLivermorePoliceDepartment.
AFTERMYCHILD/DEPENDENTADULTISREGISTERED,ANDIFTHEREISANINCIDENT,DOINEEDTODO SOMETHINGTONOTIFYTHEPOLICE?
Itispreferablethatyouletthepolice/dispatcherknowthattheindividualisalreadyregistered.Indoingso, theinformationwillbeimmediatelydisseminatedtotherespondingpatrolofficerswithouthavingtoaskthe parents/guardiansunnecessaryquestionsduringahighstresssituation.
HOWWILLTHISREGISTRYHELPIFMYCHILD/DEPENDENTADULTGOESMISSING? Iftheindividualgoesmissingandisreportedbytheparent/guardian,informationabouthis/herphysical appearance,themostlikelyplaceswherehe/shewouldgoto,aswellastriggers,stimulants,anddeͲ escalationtechniqueswillbesenttoeverylawenforcementagencyintheareatolookforthemissing person.Iftheindividualhasnotbeenreportedandisincapableofeffectivelycommunicatinghis/hername whenencounteredbyanofficer,acomputercheckoftheneighborhoodforindividualsregisterednearby, coupledwiththephysicalappearanceprovided,mayallowustoidentifytheindividualfaster.Thiswillthen allowtheLivermorePolicedepartmenttousethecontactinformationonfiletoreunitetheindividualwith theirparents/guardians.
290
Item 7.1
Informational Item :
Voluntary Special Needs Registries
November 1, 2022
291
Background
• Follow-up from the June 15, 2021, City Council
discussion on this topic.
• Special Needs Registries (SNRs) function as
channels for parents/guardians of community
members with special needs to provide the
police with information regarding any assistance
those persons may require during an interaction
with first responders.
292
Background, 2
1. Who can sign up someone
else? How is that verified?
2. How are renewals/removals
handled?
3. How are minors, aging out,
handled?
4. What are the associated legal
liabilities?
5. How is information
safeguarded?
6. What information solicited is
helpful for police officers?
7. What is the threshold for
signing someone up?
• Answers and information
provided from:
– DPS Behavioral Health Unit
– Pacifica Police Department
– Livermore Police Department
– NAMI Tri-Valley
• Feedback will help guide the
development of a Dublin SNR.
293
1-Who can sign up someone else?
How is that verified?
• Individuals themselves, parents, or legal
guardians may enroll a person.
– Verification of Parents/Guardians varies from
“good faith efforts” to requiring legal
documentation to show they have the authority to
make decisions for the individual.
294
2-How are renewals/removals
handled?
• SNR Staff must contact the registered
individuals periodically to confirm their
information and whether they desire to opt out.
• Contact frequency varies:
– Pacifica: Every two years
– Livermore: Annually but advises updates sooner if
significant changes in provided information.
295
3-How are minors, aging out, handled?
• Minors who turn 18 years old while on the
registry are removed, unless they are re-
registered under the criteria for adults.
296
4-What are the associated legal
liabilities?
• City would have an obligation to prevent the
unwarranted disclosure of medical information.
– This information would be protected by HIPAA
from being disclosed through a Public Records Act
Request.
• Registration would also include an
acknowledgement and authorization for the City
to retain and distribute the information in the
SNR.
297
5-How is information safeguarded?
• SNR information is maintained on a Police
Department’s Computer Aided Dispatch (CAD)
System which has strict access control measures.
• Registration is typically completed on a physical
form and dropped off, or an emailed PDF to an
inbox with limited access.
298
5-How is information safeguarded?
• Digital/web forms may have some privacy
vulnerabilities whereby unauthorized staff could
inadvertently access the information.
– Not recommended, unless directly connected to the
CAD system.
• Dispatchers must utilize encrypted radio
channels to ensure individuals with police radio
scanners cannot listen to sensitive SNR
information being shared.
299
6-What information solicited is
helpful for police officers?
• City of Livermore has spent several years
developing their registration form, the iterations of
which have been guided with local family and
medical professional feedback. This includes:
– Basic contact and background information
– Focused questions on known responses/reactions to
things/circumstances
– Open ended questions on individual characteristics.
– Questions to build rapport
– Other health/general information
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6-What information solicited is
helpful for police officers?
• DPS Behavioral Health Unit reviewed the form
and advises adding historical questions on prior
5150/psychiatric holds, substance use/abuse,
and mental health diagnoses for schizophrenia
and PTSD (specifically).
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7-What is the threshold for signing someone up?
• According to NAMI Tri-Valley, there is no single,
best way to approach the decision to enroll in the
SNR.
– The circumstances around the individual, their
relationship with their parent/guardian, and the severity of their mental illness can vary.
• It’s the prerogative of the individual or guardian to determine whether they should participate in the
SNR.
– The City should not be involved in this determination, but rather provide an option for those who want to use
it.
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Local Program Guidelines
• DPS is proceeding with establishing an SNR,
based on the information and experiences of
the agencies referenced in this report.
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Uniformity with Livermore’s SNR
• Individuals in neighboring jurisdictions may
enroll in the SNR, due to that individual
frequenting the City regularly.
• To assist with this and to ensure information
uniformity, the Dublin SNR will utilize the
Livermore SNR application with additional
components which capture feedback from DPS.
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Registration Processing
• Current capabilities limit the City’s ability to use
a web-based registration form.
• Dublin SNR will utilize a fillable PDF form
which can be emailed to a designated DPS email
address or printed and dropped off.
– Designated DPS staff would then verify (if needed)
and manually upload the information.
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Encrypted Radio Required
• ACSO and DPS do not encrypt all their radio
channels but intend to do so in the future.
• Until that time, DPS will share SNR information
to officers in the field by sending it to their
vehicles mobile data terminals.
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Next Steps
• Once established, City will push out information
through our normal channels and through
targeted outreach to DUSD, special needs
parent’s groups, Axis Community Health, NAMI
Tri-Valley and the Dublin Senior Center.
• Costs associated with the creation and ongoing
management can be absorbed in existing DPS
staff workload and budget.
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Questions?
John Stefanski
Assistant to the City Manager
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