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HomeMy WebLinkAboutNovember 1, 2016 AgendaNovember 1, 2016 Dublin City Council Agenda Page 1 of 5 REGULAR MEETING Tuesday, November 1, 2016 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A  Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)  Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650.  A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. REGULAR MEETING 7:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1. Update on Alameda County Community Choice Energy Program Since June 2014, the County of Alameda, in consultation with the cities in the County, has been exploring the possibility of establishing a community choice aggregation (CCA) program within the County. On October 4, 2016, the Alameda County Board of Supervisors adopted an ordinance creating the East Bay Community Energy Authority, which is a joint powers authority. At this evening’s meeting, Alameda County staff and consultants will present the findings from the final Technical Feasibility Study and the adopted Joint Powers Agreement (JPA), to which the cities are being asked to become parties. Supervisor Haggerty will introduce the topic at the meeting this evening. STAFF RECOMMENDATION: Receive the update and provide comments, if desired. 3.2. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Minutes of the October 18, 2016 Regular City Council Meeting The City Council will consider approval of the minutes of the October 18, 2016 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the October 18, 2016 Regular City Council meeting. November 1, 2016 Dublin City Council Agenda Page 2 of 5 4.2. Updates to the City’s Construction and Fire Codes in Accordance with Requirements of State Law The 2016 Edition of the California Building Codes Standards (CBSC) was approved by the California Building Standards Commission earlier this year and will go into effect on January 1, 2017. In order to ensure the continuity of the City’s building standards, the City must adopt an Ordinance incorporating the new codes. The City Council is being asked to set the public hearing and introduce an Ordinance repealing the 2013 California Building Codes Standards and adopting the 2016 California Building Codes Standards. In connection with this action, the City Council will be asked to adopt a Resolution approving findings relating to the City’s amendments to the California Building Code Standards at its November 15, 2016 public hearing. STAFF RECOMMENDATION: 1) Waive the first reading and INTRODUCE an Ordinance Repealing and Adopting Chapters 5.08 (Fire Code), 7.32 (Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical Code), and 7.94 (Green Building Code), and amending Chapter 7.28 (Building Regulation Administration Code) of the Dublin Municipal Code, in Order To Adopt By Reference and Amend Provisions of the 2016 Edition of the California Building Standards Code, Title 24, California Code of Regulations; and, 2) Set the Public Hearing of November 15, 2016 to: a) adopt the Resolution approving the Finding of Necessity for Amendments to the 2016 California Building Standards Code, as recommended by Staff, b) Waive the second reading and adopt an Ordinance Repealing and Adopting Chapters 5.08 (Fire Code), 7.32 (Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical Code), and 7.94 (Green Building Code), and amending Chapter 7.28 (Building Regulation Administration Code) of the Dublin Municipal Code, in Order to Adopt By Reference and Amend Provisions of the 2016 Edition of the California Building Standards Code, Title 24, California Code of Regulations. 4.3. Park Name Recommendations for a Neighborhood Square and Nature Community Park in the Irongate Community The City Council will consider names for the neighborhood square and nature communit y park in the Irongate residential community. STAFF RECOMMENDATION: Select Clover Park as the name for the neighborhood square and Sunrise Park as the name for the nature community park. 4.4. Notice of Pending Decision on Final Map for Tract 8295 In accordance with Chapter 9.24.80 of the Dublin Municipal Code, the City Council is hereby notified of the City Engineer’s pending approval of the Final Map for Tract 8295, a condominium subdivision located at 7144 Regional Street. The City Engineer shall approve the Final Map within 10 days following this notification. STAFF RECOMMENDATION: Receive the notification. 4.5. First Reading of Ordinance Amending the Dublin Municipal Code regarding City Councilmembers' Salaries The City Council will introduce an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers following certification of the November 2016 General Municipal election. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance amending Dublin Municipal Code Section 2.08.020 and providing for an increase in the salary for members of the City Council. November 1, 2016 Dublin City Council Agenda Page 3 of 5 4.6. Consulting Services Agreement with BKF Engineers for the Preliminary Engineering Related to the Extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore, Project No. ST0216 The City Council will consider approval of a Consulting Services Agreement with BKF Engineers (BKF) to provide technical services for completing the Preliminary Engineering work for the extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore. The work will include the development of the Precise Alignment of the new roadway and the preparation of an Environmental Impact Report (EIR) as per the California Environmental Quality Act (CEQA) requirements. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with BKF Engineers for Conducting Preliminary Engineering for the Extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore, and approve the Budget Change. 4.7. Small Business Saturday Proclamation and Update on Other Economic Development Activities in 2016 The City Council will consider proclaiming November 26, 2016 as Small Business Saturday. Additionally, the City Council will receive an update on other economic development efforts this year, including the Discover Dublin campaign. STAFF RECOMMENDATION: Receive the report and proclaim November 26, 2016, as Small Business Saturday in Dublin. 5. WRITTEN COMMUNICATION 5.1. City Recruitment and Selection Process At the City Council meeting of June 7, 2016, the City Council requested information on the City’s recruitment and selection practices including tools used to promote applicant-pool diversity. STAFF RECOMMENDATION: Receive the report. 6. PUBLIC HEARING 6.1. Sierra Business Center Rezone The City Council will consider approval of a request to rezone Sierra Business Center from the current M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District. Under the current M-1 Zoning District, Professional and Administrative Offices are not permitted. Professional and Administrative Offices are a permitted use in the proposed M-P Zoning District. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, adopt the Resolution Approving a Negative Declaration for the Rezoning of the Sierra Business Center From the M-1 Zoning District to the M-P Zoning District 6549 Sierra Lane (APN 941-0205-020) PLPA 2014-00034; and, waive the reading and INTRODUCE an Ordinance Approving Ordinance Approving a Rezoning from the M-1 Zoning District to the M-P Zoning District for the Sierra Business Center Located at 6549 Sierra Lane (APN 941-0205-020) PLPA 2014-00034. November 1, 2016 Dublin City Council Agenda Page 4 of 5 7. UNFINISHED BUSINESS 7.1. Alameda County Waste Management Authority Reusable Bag Ordinance Expansion The Reusable Bag Ordinance adopted by the Alameda County Waste Management Authority (WMA) in 2012 (Ordinance 2012-2) applies to approximately 1,300 grocery, drug and liquor stores in Alameda County. The ordinance promotes source control by reducing litter and keeping plastic bags out of local waterways. Given the effectiveness of the current ordinance, the WMA Board directed its staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. On September 28, 2016, the WMA Board unanimously voted to adopt the ordinance and the addendum to the Environmental Impact Report, with a second reading scheduled for October 26, 2016. City staff will present an overview to the City Council of the proposed ordinance, the current status, and ask for direction from City Council regarding Dublin’s participation in the countywide ordinance. STAFF RECOMMENDATION: Receive the report and provide direction regarding City participation in the Reusable Bag Ordinance Expansion. 8. NEW BUSINESS 8.1. Arts Space Grant Pilot Program Awards The City Council will consider a recommendation from the Heritage and Cultural Arts Commission to award Arts Space Grants to all four organizations that applied for grants under the pilot program. STAFF RECOMMENDATION: Award Arts Space Grants to Amador Valley Quilters, Dublin Historical Preservation Association, East Bay Marathi Mandal and Futures Explored, as recommended by the Heritage and Cultural Arts Commission. 8.2. Fiscal Year 2015-16 4th Quarter Financial Review The City Council will receive a financial report on the fourth quarter of Fiscal Year 2015-16 and consider amendments to the Fiscal Year 2015-16 Budget and to the General Fund reserve designations. STAFF RECOMMENDATION: Receive the report, approve the budget change, and confirm General Fund reserve designations as of June 30, 2016. 8.3. Formation of an Ad Hoc Fiscal Sustainability Task Force The City Council will consider formation of an Ad Hoc Fiscal Sustainability Task Force comprised of appointed community members by the Mayor and the City Council. STAFF RECOMMENDATION: Consider the formation of an Ad Hoc Fiscal Sustainability Task Force and provide related direction to Staff. 9. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to Meetings Attended at City Expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make November 1, 2016 Dublin City Council Agenda Page 5 of 5 a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833 - 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Vision Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community. Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and preserve our natural surroundings through environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities and programs. Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Update on Alameda County Community Choice Energy Program Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: Since June 2014, the County of Alameda, in consultation with the cities in the County, has been exploring the possibility of establishing a community choice aggregation (CCA) program within the County. On October 4, 2016, the Alameda County Board of Supervisors adopted an ordinance creating the East Bay Community Energy Authority, which is a joint powers authority. At this evening’s meeting, Alameda County staff and consultants will present the findings from the final Technical Feasibility Study and the adopted Joint Powers Agreement (JPA), to which the cities are being asked to become parties. Supervisor Haggerty will introduce the topic at the meeting this evening. STAFF RECOMMENDATION: Receive the update and provide comments, if desired. FINANCIAL IMPACT: As this is an informational item, there is no impact. DESCRIPTION: Authorized by California law in 2002, Community Choice Aggregation (CCA), also known as Community Choice Energy (CCE), enables cities and county governments to pool the electricity demand within their jurisdictions in order to procure or generate electrical power supplies on behalf of the residents and businesses in their communities. CCAs works partnership with the region’s existing utility (in the case of Alameda County, Pacific Gas & Electric Company or “PG&E”). Under the partnership, the CCA procures and/or generates electricity on behalf of its customers, while PG&E continues to deliver power to homes and businesses, handles customer billing, and maintains the grid. 3.1 Packet Pg. 6 Page 2 of 4 A CCA’s responsibilities are limited to 1) the acquisition of electricity and 2) the setting of associated rates. The local investor owned utility (“IOU”)—PG&E—remains responsible for the transmission and distribution of the electrical power, along with the collection of payments from the ratepayers. The CCA may provide its customer base with electricity either by purchasing it from third persons or by generating its own power. The cost of residual IOU services—transmission and distribution—is charged in addition to the CCA rates when it bills ratepayers. (Pub. Util. Code, §366.2, subds. (d), (e), (f); PG&E Electric Rule 22). CCA customers would not notice any change in their electric service other than a CCA line item on their utility bill replacing PG&E electric generation charges with the CCA’s electric generation charges. Benefits to participating in a CCA program include: 1) the ability to achieve Climate Action Plan goals through significant reductions in greenhouse gas emissions, 2) offering customers an energy choice and competitive electrical rates, and 3) local economic development benefits including jobs creation associated with the development of local power and new energy programs in the region. In June 2014, the Alameda County Board of Supervisors voted unanimously to allocate $1.3 million to explore the creation of a CCA program, and directed County staff to undertake the steps necessary to evaluate its feasibility. County staff assembled a 39- member CCA Steering Committee, which includes stakeholders from environmental and social justice organizations, labor and local government; completed a Technical Feasibility Study to examine hypothetical Alameda County CCA scenarios through 2030; and formulated a Joint Powers Agreement (JPA) for the East Bay Community Energy Authority (Authority). On October 4, 2016, the Alameda County Board of Supervisors approved the JPA, which will, upon approval of at least three initial participating jurisdictions, establish the Authority. The JPA document is included in Attachment 1. The proposed Authority would be governed by a Board of Directors, comprising one elected representative from each city and county participating in the program. Final decisions regarding the specific level of renewable energy to be procured, prioritization of local renewable energy and job development, and other governance issues will be determined by the Board of Directors, as specified in the JPA. Once the CCA Program is implemented, the Authority will enter into agreements with electric power suppliers and other service providers and, based upon those agreements, work to provide electrical power to residents and businesses at competitive rates. Upon the California Public Utilities Commission approving the implementation plan prepared by the Authority, the Authority can provide service to customers within its member jurisdictions. If a public agency chooses to implement a CCA, all electric customers within its geographic jurisdiction automatically become CCA customers, unless a particular ratepayer chooses to “opt out” of CCA service. Residents who opt out will continue to receive power from PG&E. Those who do not opt out will have their power supplied by the CCA. The Authority will have the power to enter into long term power purchase agreements, acquire property, build energy-generating facilities, and issue revenue bonds. The Joint 3.1 Packet Pg. 7 Page 3 of 4 Powers Agreement provides for a mechanism whereby all Authority Board votes are initially one-jurisdiction-one-vote, but any three representatives may request a “voting shares vote” in which case a second vote is taken weighted based on energy usage. Both must pass for a particular motion to pass. (JPA, § 4.12.2.) During the first two years, the voting shares are based on total load within the jurisdiction, and they are adjusted to reflect CCA customer annual usage thereafter. There are currently five operational CCAs in California including Marin Clean Energy, Sonoma Clean Power, CleanPowerSF (San Francisco), Lancaster Choice Energy and Peninsula Clean Energy, with several more throughout the state that are currently under development. The East Bay Clean Power Authority would potentially be the largest CCA created in California to date. Technical Feasibility Study On April 19, 2016, City Council received an update on the status of the CCA, including a presentation on the draft findings of the Technical Feasibility Study (Technical Study). The Technical Study was completed by Oakland consulting firm MRW & Associates in June of 2016 and shows that implementing a CCA program has the potential to provide the following benefits to the residents of Alameda County: 1. Provide customers a choice of power providers; 2. Increase local control over energy rates and other energy-related matters; 3. Provide electric rates that are competitive with those provided by the incumbent utility; 4. Reduce greenhouse gas emissions arising from electricity use; 5. Increase local and regional renewable generation capacity; 6. Increase energy conservation and efficiency projects and programs; 7. Increase regional energy self-sufficiency; and 8. Encourage local economic and employment benefits through energy conservation and efficiency projects. Financing Analysis to date of financing the East Bay Community Energy Authority has been provided exclusively by Alameda County. Phase I costs, including hard costs and compensated County staff time is approximately $1.33 million. The second and third phases to establish and launch the CCA program are estimated at an additional $2.41 million, which includes the hard costs associated with JPA formation and program development. The JPA explicitly provides that the County will be reimbursed for all its actual incurred expenses in creating both the Authority and the CCA program. Various sources for funding additional startup-related expenses and services that may be necessary to complete Phases II and III, up to $2.41 million, have been the subject of preliminary discussions with the County Administrator and Auditor-Controller. All start-up costs associated with this project are fully reimbursable from revenue generated by ratepayers during the first three years. At the October 4, 2016 Board of Supervisors meeting, the County approved the steps necessary to secure the needed funding to complete Phase II and Phase III. 3.1 Packet Pg. 8 Page 4 of 4 The Authority is expected to seat its Board of Directors in early 2017, and initiate early stages of operation at that time. The Authority will need to establish working capital to cover its expenses leading up to the delivery of electricity, which is projected for fall of 2017. At this time, the source of the Agency’s working capital is not yet determined and will be decided by the JPA Board upon its formation. Typically for CCA programs, this capital is most often provided by a bank line of credit that requires a credit guarantee until such time that the Authority’s customers have been enrolled and the program is fully resourced. The Technical Study's pro forma analysis identified up to $51 million in working capital needs, the majority of which would cover initial power purchases and be repaid within five years of customer enrollment and ratepayer revenues. The financial model showed that this level of financing could be paid back within that timeframe, while still building up a substantial reserve for the Authority in its early years. It is possible that the Authority may seek some form of guaranty assistance from one or more of the public agencies in the Authority although that is unknown at this time and is not part of the JPA. There is no request by Alameda County for financing support of the CCA program from the City of Dublin. Timeline The County and cities that elect to participate in the East Bay Community Energy Authority must do so by approving the execution of the Joint Powers Agreement and adopting an ordinance electing to implement a CCA program. Cities electing to join the CCA must do so by adopting the ordinance by December 31, 2016. The County is expected to conduct its second reading and take final steps to formalize the JPA following consideration by the cities, in either December 2016 or January 2017. If the Authority is formed, the plan is to provide electricity to the first phase of customers by fall 2017. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. East Bay Community Energy Authority Joint Powers Agreement 2. Technical Study for Community Choice Aggregation Program in Alameda County 3.1 Packet Pg. 9 October 4, 2016 County Approval Agreement East Bay Community Energy Authority - Joint Powers Agreement – Effective _____________ Among The Following Parties: Attachment 1 3.1.a Packet Pg. 10 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -1- EAST BAY COMMUNITY ENERGY AUTHORITY JOINT POWERS AGREEMENT This Joint Powers Agreement (“Agreement”), effective as of _________, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit A (“Parties”). The term “Parties” shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3.1. RECITALS 1. The Parties are either incorporated municipalities or counties sharing various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants. 2. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse gas emissions. 3. The purposes for the Initial Participants (as such term is defined in Section 1.1.16 below) entering into this Agreement include securing electrical energy supply for customers in participating jurisdictions, addressing climate change by reducing energy related greenhouse gas emissions, promoting electrical rate price stability, and fostering local economic benefits such as jobs creation, community energy programs and local power development. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to State, regional and local solar and wind energy production. 4. The Parties desire to establish a separate public agency, known as the East Bay Community Energy Authority (“Authority”), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs. 5. The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366.2 (“CCA Program”). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. 6. By establishing the Authority, the Parties seek to: (a) Provide electricity rates that are lower or competitive with those offered by PG&E for similar products; 3.1.a Packet Pg. 11 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -2- (b) Offer differentiated energy options (e.g. 33% or 50% qualified renewable) for default service, and a 100% renewable content option in which customers may “opt-up” and voluntarily participate; (c) Develop an electric supply portfolio with a lower greenhouse gas (GHG) intensity than PG&E, and one that supports the achievement of the parties’ greenhouse gas reduction goals and the comparable goals of all participating jurisdictions; (d) Establish an energy portfolio that prioritizes the use and development of local renewable resources and minimizes the use of unbundled renewable energy credits; (e) Promote an energy portfolio that incorporates energy efficiency and demand response programs and has aggressive reduced consumption goals; (f) Demonstrate quantifiable economic benefits to the region (e.g. union and prevailing wage jobs, local workforce development, new energy programs, and increased local energy investments); (g) Recognize the value of workers in existing jobs that support the energy infrastructure of Alameda County and Northern California. The Authority, as a leader in the shift to a clean energy, commits to ensuring it will take steps to minimize any adverse impacts to these workers to ensure a “just transition” to the new clean energy economy; (h) Deliver clean energy programs and projects using a stable, skilled workforce through such mechanisms as project labor agreements, or other workforce programs that are cost effective, designed to avoid work stoppages, and ensure quality; (i) Promote personal and community ownership of renewable resources, spurring equitable economic development and increased resilience, especially in low income communities; (j) Provide and manage lower cost energy supplies in a manner that provides cost savings to low-income households and promotes public health in areas impacted by energy production; and (k) Create an administering agency that is financially sustainable, responsive to regional priorities, well managed, and a leader in fair and equitable treatment of employees through adopting appropriate best practices employment policies, including, but not limited to, promoting efficient consideration of petitions to unionize, and providing appropriate wages and benefits. 3.1.a Packet Pg. 12 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -3- AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified below, unless the context requires otherwise. 1.1.1 “AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at Public Utilities Code Section 366.2), which created CCA. 1.1.2 “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) 1.1.3 “Agreement” means this Joint Powers Agreement. 1.1.4 “Annual Energy Use” has the meaning given in Section 1.1.23. 1.1.5 “Authority” means the East Bay Community Energy Authority established pursuant to this Joint Powers Agreement. 1.1.6 “Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. 1.1.7 “Board” means the Board of Directors of the Authority. 1.1.8 “Community Choice Aggregation” or “CCA” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2. 1.1.9 “CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.4 and 5.1. 1.1.10 “Days” shall mean calendar days unless otherwise specified by this Agreement. 1.1.11 “Director” means a member of the Board of Directors representing a Party, including an alternate Director. 1.1.12 “Effective Date” means the date on which this Agreement shall become effective and the East Bay Community Energy Authority shall exist as a separate public agency, as further described in Section 2.1. 3.1.a Packet Pg. 13 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -4- 1.1.13 “Ex Officio Board Member” means a non-voting member of the Board of Directors as described in Section 4.2.2. The Ex Officio Board Member may not serve on the Executive Committee of the Board or participate in closed session meetings of the Board. 1.1.14 “Implementation Plan” means the plan generally described in Section 5.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program. 1.1.15 “Initial Costs” means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of a Chief Executive Officer and any administrative staff, any required accounting, administrative, technical and legal services in support of the Authority’s initial formation activities or in support of the negotiation, preparation and approval of power purchase agreements. The Board shall determine the termination date for Initial Costs. 1.1.16 “Initial Participants” means, for the purpose of this Agreement the County of Alameda, the Cities of Albany, Berkeley, Emeryville, Oakland, Piedmont, San Leandro, Hayward, Union City, Newark, Fremont, Dublin, Pleasanton and Livermore. 1.1.17 “Operating Rules and Regulations” means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority. 1.1.18 “Parties” means, collectively, the signatories to this Agreement that have satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a member of the Authority. 1.1.19 “Party” means, singularly, a signatory to this Agreement that has satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a member of the Authority. 1.1.20 “Percentage Vote” means a vote taken by the Board pursuant to Section 4.12.1 that is based on each Party having one equal vote. 1.1.21 “Total Annual Energy” has the meaning given in Section 1.1.23. 1.1.22 “Voting Shares Vote” means a vote taken by the Board pursuant to Section 4.12.2 that is based on the voting shares of each Party described in Section 1.1.23 and set forth in Exhibit C to this Agreement. A Voting Shares vote cannot take place on a matter unless the matter first receives an affirmative or tie Percentage Vote in the manner required by Section 4.12.1 and three or more Directors immediately thereafter request such vote. 3.1.a Packet Pg. 14 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -5- 1.1.23 “Voting Shares Formula” means the weight applied to a Voting Shares Vote and is determined by the following formula: (Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) “Annual Energy Use” means (i) with respect to the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWh”), within the Party’s respective jurisdiction and (ii) with respect to the period after the second anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party’s respective jurisdiction that are served by the Authority and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy use are designated in Exhibit B and the initial voting shares are designated in Exhibit C. Both Exhibits B and C shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year subject to the approval of the Board. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: List of the Parties Exhibit B: Annual Energy Use Exhibit C: Voting Shares 1.3 Revision of Exhibits. The Parties agree that Exhibits A, B and C to this Agreement describe certain administrative matters that may be revised upon the approval of the Board, without such revision constituting an amendment to this Agreement, as described in Section 8.4. The Authority shall provide written notice to the Parties of the revision of any such exhibit. ARTICLE 2 FORMATION OF EAST BAY COMMUNITY ENERGY AUTHORITY 2.1 Effective Date and Term. This Agreement shall become effective and East Bay Community Energy Authority shall exist as a separate public agency on December 1, 2016, provided that this Agreement is executed on or prior to such date by at least three Initial Participants after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(12). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 7.3, subject to the rights of the Parties to withdraw from the Authority. 3.1.a Packet Pg. 15 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -6- 2.2 Initial Participants. Until December 31, 2016, all other Initial Participants may become a Party by executing this Agreement and delivering an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366.2(c)(12) to the Authority. Additional conditions, described in Section 3.1, may apply (i) to either an incorporated municipality or county desiring to become a Party that is not an Initial Participant and (ii) to Initial Participants that have not executed and delivered this Agreement within the time period described above. 2.3 Formation. There is formed as of the Effective Date a public agency named the East Bay Community Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 8.4 of this Agreement, this Section 2.3 may not be amended unless such amendment is approved by the governing boards of all Parties. 2.4 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party and any other powers granted to the Authority under state law to participate as a group in the CCA Program pursuant to Public Utilities Code Section 366.2(c)(12); to study, promote, develop, conduct, operate, and manage energy and energy-related climate change programs; and, to exercise all other powers necessary and incidental to accomplishing this purpose. 2.5 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following: 2.5.1 to make and enter into contracts, including those relating to the purchase or sale of electrical energy or attributes thereof; 2.5.2 to employ agents and employees, including but not limited to a Chief Executive Officer and General Counsel; 2.5.3 to acquire, contract, manage, maintain, and operate any buildings, works or improvements, including electric generating facilities; 2.5.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; 2.5.5 to lease any property; 2.5.6 to sue and be sued in its own name; 3.1.a Packet Pg. 16 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -7- 2.5.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Section 53850 et seq. and authority under the Act; 2.5.8 to form subsidiary or independent corporations or entities, if appropriate, to carry out energy supply and energy conservation programs at the lowest possible cost consistent with the Authority’s CCA Program implementation plan, risk management policies, or to take advantage of legislative or regulatory changes; 2.5.9 to issue revenue bonds and other forms of indebtedness; 2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or other assistance from any federal, state or local public agency; 2.5.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs; 2.5.12 to adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority (“Operating Rules and Regulations”); 2.5.13 to make and enter into service, energy and any other agreements necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services; and 2.5.14 to negotiate project labor agreements, community benefits agreements and collective bargaining agreements with the local building trades council and other interested parties. 2.6 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the City of Emeryville and any other restrictions on exercising the powers of the Authority that may be adopted by the Board. 2.7 Compliance with Local Zoning and Building Laws. Notwithstanding any other provisions of this Agreement or state law, any facilities, buildings or structures located, constructed or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (“CEQA”). 3.1.a Packet Pg. 17 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -8- 2.8 Compliance with the Brown Act. The Authority and its officers and employees shall comply with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. 2.9 Compliance with the Political Reform Act and Government Code Section 1090. The Authority and its officers and employees shall comply with the Political Reform Act (Government Code Section 81000 et seq.) and Government Code Section 1090 et seq, and shall adopt a Conflict of Interest Code pursuant to Government Code Section 87300. The Board of Directors may adopt additional conflict of interest regulations in the Operating Rules and Regulations. ARTICLE 3 AUTHORITY PARTICIPATION 3.1 Addition of Parties. Subject to Section 2.2, relating to certain rights of Initial Participants, other incorporated municipalities and counties may become Parties upon (a) the adoption of a resolution by the governing body of such incorporated municipality or county requesting that the incorporated municipality or county, as the case may be, become a member of the Authority, (b) the adoption by an affirmative vote of a majority of all Directors of the entire Board satisfying the requirements described in Section 4.12, of a resolution authorizing membership of the additional incorporated municipality or county, specifying the membership payment, if any, to be made by the additional incorporated municipality or county to reflect its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership, (c) the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(12) and execution of this Agreement and other necessary program agreements by the incorporated municipality or county, (d) payment of the membership fee, if any, and (e) satisfaction of any conditions established by the Board. 3.2 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition and/or withdrawal or termination of Parties. The Parties agree to participate with such other Parties as may later be added, as described in Section 3.1. The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties’ continuing obligations under this Agreement. ARTICLE 4 GOVERNANCE AND INTERNAL ORGANIZATION 4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”) consisting of one director for each Party appointed in accordance with Section 4.2. 4.2 Appointment of Directors. The Directors shall be appointed as follows: 4.2.1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party also shall appoint and designate in writing one alternate Director who may vote on matters when the regular Director is absent 3.1.a Packet Pg. 18 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -9- from a Board meeting. The person appointed and designated as the regular Director shall be a member of the governing body of the Party. The person appointed and designated as the alternate Director shall also be a member of the governing body of the Party. 4.2.2 The Board shall also include one non-voting ex officio member as defined in Section 1.1.13 (“Ex Officio Board Member”). The Chair of the Community Advisory Committee, as described in Section 4.9 below, shall serve as the Ex Officio Board Member. The Vice Chair of the Community Advisory Committee shall serve as an alternate Ex Officio Board Member when the regular Ex Officio Board Member is absent from a Board meeting. 4.2.3 The Operating Rules and Regulations, to be developed and approved by the Board in accordance with Section 2.5.12 may include rules regarding Directors, such as meeting attendance requirements. No Party shall be deprived of its right to seat a Director on the Board. 4.3 Terms of Office. Each regular and alternate Director shall serve at the pleasure of the governing body of the Party that the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director in accordance with the provisions of Section 4.2 within 90 days of the date that such position becomes vacant. 4.4 Quorum. A majority of the Directors of the entire Board shall constitute a quorum, except that less than a quorum may adjourn a meeting from time to time in accordance with law. 4.5 Powers and Function of the Board. The Board shall conduct or authorize to be conducted all business and activities of the Authority, consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law. Board approval shall be required for any of the following actions, which are defined as “Essential Functions”: 4.5.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. 4.5.2 The hiring of a Chief Executive Officer and General Counsel. 4.5.3 The appointment or removal of an officer. 4.5.4 The adoption of the Annual Budget. 4.5.5 The adoption of an ordinance. 4.5.6 The initiation of resolution of claims and litigation where the Authority will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that the Chief Executive Officer or General Counsel, on behalf of the Authority, may 3.1.a Packet Pg. 19 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -10- intervene in, become party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board. The Board shall adopt Operating Rules and Regulations governing the Chief Executive Officer and General Counsel’s exercise of authority under this Section 4.5.6. 4.5.7 The setting of rates for power sold by the Authority and the setting of charges for any other category of service provided by the Authority. 4.5.8 Termination of the CCA Program. 4.6 Executive Committee. The Board shall establish an Executive Committee consisting of a smaller number of Directors. The Board may delegate to the Executive Committee such authority as the Board might otherwise exercise, subject to limitations placed on the Board’s authority to delegate certain Essential Functions, as described in Section 4.5 and the Operating Rules and Regulations. The Board may not delegate to the Executive Committee or any other committee its authority under Section 2.5.12 to adopt and amend the Operating Rules and Regulations or its Essential Functions listed in Section 4.5. After the Executive Committee meets or otherwise takes action, it shall, as soon as practicable, make a report of its activities at a meeting of the Board. 4.7 Director Compensation. Directors shall receive a stipend of $100 per meeting, as adjusted to account for inflation, as provided for in the Authority’s Operating Rules and Regulations. 4.8 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees and shall determine whether members shall be compensated or entitled to reimbursement for expenses. 4.9 Community Advisory Committee. The Board shall establish a Community Advisory Committee consisting of nine members, none of whom may be voting members of the Board. The function of the Community Advisory Committee shall be to advise the Board of Directors on all subjects related to the operation of the CCA Program as set forth in a work plan adopted by the Board of Directors from time to time, with the exception of personnel and litigation decisions. The Community Advisory Committee is advisory only, and shall not have decision-making authority, or receive any delegation of authority from the Board of Directors. The Board shall publicize the opportunity to serve on the Community Advisory Committee, and shall appoint members of the Community Advisory Committee from those individuals expressing interest in serving, and who represent a diverse cross-section of interests, skill sets and geographic regions. Members of the Community Advisory Committee shall serve staggered four-year terms (the first term of three of the members shall be two years, and four years 3.1.a Packet Pg. 20 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -11- thereafter), which may be renewed. A member of the Community Advisory Committee may be removed by the Board of Directors by majority vote. The Board of Directors shall determine whether the Community Advisory Committee members will receive a stipend and/or be entitled to reimbursement for expenses. 4.10 Chief Executive Officer. The Board of Directors shall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to-day operation and management of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of the Authority, including the power to hire, discipline and terminate employees as well as the power to approve any agreement, if the expenditure is authorized in the Authority’s approved budget, except the powers specifically set forth in Section 4.5 or those powers which by law must be exercised by the Board of Directors. The Board of Directors shall provide procedures and guidelines for the Chief Executive Officer exercising the powers of the Authority in the Operating Rules and Regulations. 4.11 General Counsel. The Board of Directors shall appoint a General Counsel for the Authority, who shall be responsible for providing legal advice to the Board of Directors and overseeing all legal work for the Authority. 4.12 Board Voting. 4.12.1 Percentage Vote. Except when a supermajority vote is expressly required by this Agreement or the Operating Rules and Regulations, action of the Board on all matters shall require an affirmative vote of a majority of all Directors on the entire Board (a “Percentage Vote” as defined in Section 1.1.20). A supermajority vote is required by this Agreement for the matters addressed by Section 8.4. When a supermajority vote is required by this Agreement or the Operating Rules and Regulations, action of the Board shall require an affirmative Percentage Vote of the specified supermajority of all Directors on the entire Board. No action can be taken by the Board without an affirmative Percentage Vote. Notwithstanding the foregoing, in the event of a tie in the Percentage Vote, an action may be approved by an affirmative “Voting Shares Vote,” as defined in Section 1.1.22, if three or more Directors immediately request such vote. 4.12.2 Voting Shares Vote. In addition to and immediately after an affirmative percentage vote, three or more Directors may request that, a vote of the voting shares shall be held (a “Voting Shares Vote” as defined in Section 1.1.22). To approve an action by a Voting Shares Vote, the corresponding voting shares (as defined in Section 1.1.23 and Exhibit C) of all Directors voting in the affirmative shall exceed 50% of the voting share of all Directors on the entire Board, or such other higher voting shares percentage expressly required by this Agreement or the Operating Rules 3.1.a Packet Pg. 21 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -12- and Regulations. In the event that any one Director has a voting share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter. When a voting shares vote is held, action by the Board requires both an affirmative Percentage Vote and an affirmative Voting Shares Vote. Notwithstanding the foregoing, in the event of a tie in the Percentage Vote, an action may be approved on an affirmative Voting Shares Vote. When a supermajority vote is required by this Agreement or the Operating Rules and Regulations, the supermajority vote is subject to the Voting Share Vote provisions of this Section 4.12.2, and the specified supermajority of all Voting Shares is required for approval of the action, if the provision of this Section 4.12.2 are triggered. 4.13 Meetings and Special Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special and Emergency meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956 and 54956.5. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. 4.14 Officers. 4.14.1 Chair and Vice Chair. At the first meeting held by the Board in each calendar year, the Directors shall elect, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The Chair and Vice Chair shall hold office for one year and serve no more than two consecutive terms, however, the total number of terms a Director may serve as Chair or Vice Chair is not limited. The office of either the Chair or Vice Chair shall be declared vacant and the Board shall make a new selection if: (a) the person serving dies, resigns, or ceases to be a member of the governing body of the Party that the person represents; (b) the Party that the person represents removes the person as its representative on the Board, or (c) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. 4.14.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 4.14.3 Treasurer and Auditor. The Board shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. The same person may not simultaneously hold both the office of Treasurer and the office of the Auditor of the Authority. Unless otherwise exempted from such 3.1.a Packet Pg. 22 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -13- requirement, the Authority shall cause an independent audit to be made annually by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Board may require the Treasurer and/or Auditor to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested, the Authority shall pay the cost of premiums associated with the bond. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. 4.15 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority’s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of an Administrative Services Agreement. The appointed administrative services provider may be one of the Parties. The Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program. 4.16 Operational Audit. The Authority shall commission an independent agent to conduct and deliver at a public meeting of the Board an evaluation of the performance of the CCA Program relative to goals for renewable energy and carbon reductions. The Authority shall approve a budget for such evaluation and shall hire a firm or individual that has no other direct or indirect business relationship with the Authority. The evaluation shall be conducted at least once every two years. ARTICLE 5 IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS 5.1 Implementation of the CCA Program. 5.1.1 Enabling Ordinance. Prior to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority. 3.1.a Packet Pg. 23 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -14- 5.1.2 Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.12. 5.1.3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law. 5.2 Other Authority Documents. The Parties acknowledge and agree that the operations of the Authority will be implemented through various documents duly adopted by the Board through Board resolution or minute action, including but not necessarily limited to the Operating Rules and Regulations, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties’ right to withdraw from the Authority as described in Article 7. 5.3 Integrated Resource Plan. The Authority shall cause to be prepared an Integrated Resource Plan in accordance with CPUC regulations that will ensure the long-term development and administration of a variety of energy programs that promote local renewable resources, conservation, demand response, and energy efficiency, while maintaining compliance with the State Renewable Portfolio standard and customer rate competitiveness. The Authority shall prioritize the development of energy projects in Alameda and adjacent counties. Principal aspects of its planned operations shall be in a Business Plan as outlined in Section 5.4 of this Agreement. 5.4 Business Plan. The Authority shall cause to be prepared a Business Plan, which will include a roadmap for the development, procurement, and integration of local renewable energy resources as outlined in Section 5.3 of this Agreement. The Business Plan shall include a description of how the CCA Program will contribute to fostering local economic benefits, such as job creation and community energy programs. The Business Plan shall identify opportunities for local power development and how the CCA Program can achieve the goals outlined in Recitals 3 and 6 of this Agreement. The Business Plan shall include specific language detailing employment and labor standards that relate to the execution of the CCA Program as referenced in this Agreement. The Business Plan shall identify clear and transparent marketing practices to be followed by the CCA Program, including the identification of the sources of its electricity and explanation of the various types of electricity procured by the Authority. The Business Plan shall cover the first five (5) years of the operation of the CCA Program. The Business Plan shall be completed by the Authority no later than eight (8) months after the seating of the Authority Board of Directors. Progress on the implementation of the Business Plan shall be subject to annual public review. 3.1.a Packet Pg. 24 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -15- 5.5 Labor Organization Neutrality. The Authority shall remain neutral in the event its employees, and the employees of its subcontractors, if any, wish to unionize. 5.6 Renewable Portfolio Standards. The Authority shall provide its customers energy primarily from Category 1 eligible renewable resources, as defined under the California RPS and consistent with the goals of the CCA Program. The Authority shall not procure energy from Category 3 eligible renewable resources (unbundled Renewable Energy Credits or RECs) exceeding 50% of the State law requirements, to achieve its renewable portfolio goals. However, for Category 3 RECs associated with generation facilities located within its service jurisdiction, the limitation set forth in the preceding sentence shall not apply. ARTICLE 6 FINANCIAL PROVISIONS 6.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution. 6.2 Depository. 6.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity. 6.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties at all reasonable times. 6.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 6.3 Budget and Recovery Costs. 6.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Authority Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be prepared and approved by the Board in accordance with the Operating Rules and Regulations. 6.3.2 Funding of Initial Costs. The County shall fund the Initial Costs of establishing and implementing the CCA Program. In the event that the 3.1.a Packet Pg. 25 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -16- CCA Program becomes operational, these Initial Costs paid by the County and any specified interest shall be included in the customer charges for electric services to the extent permitted by law, and the County shall be reimbursed from the payment of such charges by customers of the Authority. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County shall not be entitled to any reimbursement of the Initial Costs. 6.3.4 Additional Contributions and Advances. Pursuant to Government Code Section 6504, the Parties may in their sole discretion make financial contributions, loans or advances to the Authority for the purposes of the Authority set forth in this Agreement. The repayment of such contributions, loans or advances will be on the written terms agreed to by the Party making the contribution, loan or advance and the Authority. ARTICLE 7 WITHDRAWAL AND TERMINATION 7.1 Withdrawal. 7.1.1 General Right to Withdraw. A Party may withdraw its membership in the Authority, effective as of the beginning of the Authority’s fiscal year, by giving no less than 180 days advance written notice of its election to do so, which notice shall be given to the Authority and each Party. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board. 7.1.2 Withdrawal Following Amendment. Notwithstanding Section 7.1.1, a Party may withdraw its membership in the Authority following an amendment to this Agreement provided that the requirements of this Section 7.1.2 are strictly followed. A Party shall be deemed to have withdrawn its membership in the Authority effective 180 days after the Board approves an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board’s vote of the Party’s intention to withdraw its membership in the Authority should the amendment be approved by the Board. 7.1.3 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers for the CCA Program, the Authority must provide to the Parties a report from the electrical utility consultant retained by the Authority comparing the Authority’s total estimated electrical rates, the estimated greenhouse gas emissions rate and the amount of estimated renewable energy to be used with that of the incumbent utility. Within 30 days after receiving this report, through its City Manager or a person expressly authorized by the Party, any Party may immediately withdraw 3.1.a Packet Pg. 26 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -17- its membership in the Authority by providing written notice of withdrawal to the Authority if the report determines that any one of the following conditions exists: (1) the Authority is unable to provide total electrical rates, as part of its baseline offering to customers, that are equal to or lower than the incumbent utility, (2) the Authority is unable to provide electricity in a manner that has a lower greenhouse gas emissions rate than the incumbent utility, or (3) the Authority will use less qualified renewable energy than the incumbent utility. Any Party who withdraws from the Authority pursuant to this Section 7.1.3 shall not be entitled to any refund of the Initial Costs it has paid to the Authority prior to the date of withdrawal unless the Authority is later terminated pursuant to Section 7.3. In such event, any Initial Costs not expended by the Authority shall be returned to all Parties, including any Party that has withdrawn pursuant to this section, in proportion to the contribution that each made. Notwithstanding anything to the contrary in this Agreement, any Party who withdraws pursuant to this section shall not be responsible for any liabilities or obligations of the Authority after the date of withdrawal, including without limitation any liability arising from power purchase agreements entered into by the Authority. 7.2 Continuing Liability After Withdrawal; Further Assurances; Refund. A Party that withdraws its membership in the Authority under either Section 7.1.1 or 7.1.2 shall be responsible for paying its fair share of costs incurred by the Authority resulting from the Party’s withdrawal, including costs from the resale of power contracts by the Authority to serve the Party’s load and any similar costs directly attributable to the Party’s withdrawal, such costs being limited to those contracts executed while the withdrawing Party was a member, and administrative costs associated thereto. The Parties agree that such costs shall not constitute a debt of the withdrawing Party, accruing interest, or having a maturity date. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party’s costs described above. Any amount of the Party’s funds held by the Authority for the benefit of the Party that are not required to pay the Party’s costs described above shall be returned to the Party. The withdrawing party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. A withdrawing party has the right to continue to participate in Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party until the withdrawal’s effective date. 7.3 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 7.1. 7.4 Disposition of Property upon Termination of Authority. Upon termination of this Agreement as to all Parties, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred 3.1.a Packet Pg. 27 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -18- under this Agreement and under any Authority Documents, shall be returned to the then-existing Parties in proportion to the contributions made by each. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Before exercising any remedy provided by law, a Party or the Parties and the Authority shall engage in nonbinding mediation in the manner agreed upon by the Party or Parties and the Authority. The Parties agree that each Party may specifically enforce this section 8.1. In the event that nonbinding mediation is not initiated or does not result in the settlement of a dispute within 120 days after the demand for mediation is made, any Party and the Authority may pursue any remedies provided by law. 8.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees. 8.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as the Board deems necessary to protect the interests of the Authority, the Parties and the public. Such insurance coverage shall name the Parties and their respective Board or Council members, officers, agents and employees as additional insureds. The Authority shall defend, indemnify and hold harmless the Parties and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement. 8.4 Amendment of this Agreement. This Agreement may be amended in writing by a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.12. Except that, any amendment to the voting provisions in Section 4.12 may only be made by a three-quarters affirmative vote of the entire Board. The Authority shall provide written notice to the Parties at least 30 days in advance of any proposed amendment being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Parties of the effective date of such amendment along with a copy of the amendment. 3.1.a Packet Pg. 28 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -19- 8.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 8.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 8.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement. 8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 8.7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 8.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 8.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 72 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. In addition, a duplicate copy of all notices provided pursuant to this section shall be provided to the Director and alternate Director for each Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties. All notices required hereunder shall be delivered to: The County of Alameda Director, Community Development Agency 3.1.a Packet Pg. 29 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -20- 224 West Winton Ave. Hayward, CA 94612 With a copy to: Office of the County Counsel 1221 Oak Street, Suite 450 Oakland, CA 94612 if to [PARTY No. ____] Office of the City Clerk __________________________ __________________________ Office of the City Manager/Administrator __________________________ __________________________ Office of the City Attorney __________________________ __________________________ if to [PARTY No._____ ] Office of the City Clerk __________________________ __________________________ Office of the City Manager/Administrator __________________________ __________________________ Office of the City Attorney __________________________ __________________________ 3.1.a Packet Pg. 30 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y October 4, 2016 County Approval Agreement -21- ARTICLE 9 SIGNATURE IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the East Bay Community Energy Authority. By: Name: Title: Date: Party: 3.1.a Packet Pg. 31 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y 9/26/2016 Draft Exhibit A Page 1 EXHIBIT A -LIST OF THE PARTIES (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.)- - 3.1.a Packet Pg. 32 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y 9/26/2016 Draft Exhibit B Page 1 DRAFT EXHIBIT B -ANNUAL ENERGY USE (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.) This Exhibit B is effective as of ________________. Party kWh ([YEAR]*) *Data provided by PG&E 3.1.a Packet Pg. 33 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y DRAFT EXHIBIT C - VOTING SHARES (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.) This Exhibit C is effective as of ___________________. Party kWh ([YEAR]*) Voting Share Section 4.11.2 Total *Data provided by PG&E 3.1.a Packet Pg. 34 At t a c h m e n t : 1 . E a s t B a y C o m m u n i t y E n e r g y A u t h o r i t y J o i n t P o w e r s A g r e e m e n t ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y C o m m u n i t y C h o i c e E n e r g y Technical Study for Community Choice Aggregation Program in Alameda County Prepared by: With MRW & Associates, LLC 1814 Franklin Street, Ste 720 Oakland, CA 94612 Tierra Resource Consultants Walnut Creek, CA Economic Development Research Group Boston, MA FINAL July 1 2016 Attachment 2 3.1.b Packet Pg. 35 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 3.1.b Packet Pg. 36 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 . MRW & Associates, LLC Table of Contents Executive Summary ................................................................................................................ i Loads and Forecast ........................................................................................................................ i CCA Power Supplies ...................................................................................................................... iii Local Renewable Development ........................................................................................................... iii Rate Results .................................................................................................................................. iv Scenario 1 (Simple Renewable Compliance) ....................................................................................... iv Scenario 2 (Accelerated RPS) ............................................................................................................... v Scenario 3 (80% RPS by 2021) .............................................................................................................. v Greenhouse Gas Emissions ........................................................................................................... vii Sensitivity Analysis........................................................................................................................ ix Macroeconomic and Job Impacts .................................................................................................... x Energy Efficiency .......................................................................................................................... xii Conclusions ................................................................................................................................ xiii Chapter 1: Introduction ......................................................................................................... 1 What is a CCA? ...............................................................................................................................1 Assessing CCA Feasibility ................................................................................................................1 Chapter 2: Economic Study Methodology and Key Inputs ....................................................... 3 Alameda County Loads and CCA Load Forecasts ..............................................................................1 Energy Efficiency ............................................................................................................................4 CCA Supplies ..................................................................................................................................6 Power Supply Cost Assumptions .......................................................................................................... 9 Locally-Sited and Developed Renewables .......................................................................................... 11 Greenhouse Gas Costs ....................................................................................................................... 11 Other CCA Supply Costs...................................................................................................................... 12 PG&E Rate and Exit Fee Forecasts ................................................................................................. 12 PG&E Bundled Generation Rates ....................................................................................................... 12 PG&E Exit Fee Forecast ...................................................................................................................... 13 Pro Forma Elements and CCA Costs of Service ............................................................................... 14 Pro Forma Elements ........................................................................................................................... 14 Startup Costs ...................................................................................................................................... 16 Energy Efficiency Program Costs ........................................................................................................ 16 Administrative and General Cost Inputs ............................................................................................ 17 Cost of Service Analysis and Reserve Fund ........................................................................................ 17 Chapter 3: Cost and Benefit Analysis .................................................................................... 18 Scenario 1 (Renewable Compliance) ............................................................................................. 18 Rate Differentials ................................................................................................................................ 18 Residential Bill Impacts ...................................................................................................................... 19 Greenhouse Gas Emissions ................................................................................................................ 19 Scenario 2 (Accelerated RPS) ........................................................................................................ 20 Rate Differentials ................................................................................................................................ 20 Residential Bill Impacts ...................................................................................................................... 21 GHG Emissions ................................................................................................................................... 22 Scenario 3 (80% RPS by 2021) ....................................................................................................... 23 3.1.b Packet Pg. 37 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 . MRW & Associates, LLC Rate Differentials ................................................................................................................................ 23 Residential Bill Impacts ...................................................................................................................... 24 GHG Emissions ................................................................................................................................... 25 Chapter 4: Sensitivity of Results to Key Inputs ...................................................................... 26 Diablo Canyon Relicensing Sensitivity ........................................................................................... 26 Higher Renewable Power Prices Sensitivity ................................................................................... 27 Higher Exit Fee (PCIA) Sensitivity .................................................................................................. 28 Higher Natural Gas Prices Sensitivity ............................................................................................ 28 Lower PG&E Portfolio Cost Sensitivity .......................................................................................... 29 Stress Case and Sensitivity Comparisons ....................................................................................... 29 Conclusions ................................................................................................................................. 32 Chapter 5: Macroeconomic Impacts ..................................................................................... 33 How a CCA interacts with the Surrounding Economy ..................................................................... 33 How Job Impacts Are Measured ................................................................................................... 35 Scenario Results ........................................................................................................................... 35 Job and Gross Regional Product Total Impacts .................................................................................. 36 County Job impact by Stage of Job generation, Scenario 1 ............................................................... 38 County Job Impacts by Sector 2023 (Scenario 1) .............................................................................. 39 Focus on Construction Sector Jobs .................................................................................................... 40 Occupation Impacts for Alameda County, 2023 ................................................................................ 43 Chapter 6: Other Risks ......................................................................................................... 44 Financial Risks to CCA Members ................................................................................................... 44 Procurement-Related Risks .......................................................................................................... 44 Legislative and Regulatory Risks ................................................................................................... 45 PCIA Uncertainty .......................................................................................................................... 45 Impact of High CCA Penetration on the PCIA ................................................................................. 46 Bonding Risk ................................................................................................................................ 47 Chapter 7: Other Issues Investigated .................................................................................... 48 Funding, Costs, and Impacts of the Energy Efficiency Program Scenario ......................................... 48 “Minimum” CCA Size? .................................................................................................................. 50 Individuals and Communities Self-Selecting 100% Renewables ...................................................... 52 Competition with a PG&E Community Solar Program .................................................................... 53 Additional Local Renewables ........................................................................................................ 53 Chapter 8: Conclusions ....................................................................................................... 55 3.1.b Packet Pg. 38 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 . MRW & Associates, LLC List of Acronyms AAEE Additional Achievable Energy Efficiency CAISO California Independent System Operator CBA Collective Bargaining Agreement CCA Community Choice Aggregation CEC California Energy Commission CPUC California Public Utilities Commission EE Energy Efficiency EBCE East Bay Community Energy ESPs Energy Service Providers FY Fiscal Year GHG Greenhouse Gas GRP Gross Regional Product GWh Gigawatt-hour (= 1,000 MWhs) IOU Investor-Owned Utility I/T Information Technology JEDI Jobs and Economic Impact (model) JPA Joint Powers Authority kWh Kilowatt-hour MW Megawatt MWh Megawatt-hour NREL National Renewable Energy Laboratory PCIA Power Charge Indifference Adjustment PEIR Programmatic Environmental Impact Report PG&E Pacific Gas & Electric REC Renewable Energy Credit REMI Regional Economic Modeling Inc RPS Renewable Portfolio Standard roCA Rest of California SB 350 Senate Bill 350 TURN The Utility Reform Network 3.1.b Packet Pg. 39 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 . MRW & Associates, LLC 3.1.b Packet Pg. 40 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 i MRW & Associates, LLC Executive Summary California Assembly Bill 117, passed in 2002, established Community Choice Aggregation in California, for the purpose of providing the opportunity for local governments or special jurisdictions to procure or provide electric power for their residents and businesses. In June 2014, the Alameda County Board of Supervisors voted unanimously to allocate funding to explore the creation of a Community Choice Aggregation (CCA) Program called East Bay Community Energy (EBCE) and directed County staff to undertake the steps necessary to evaluate the feasibility of a CCA. This feasibility study is in response to this Board Action. In order to assess whether a CCA is “feasible” in Alameda County, the local objectives must be laid out and understood. Based on the specifications of the initial request for proposals and input from the County, this study:  Quantifies the electric loads that an Alameda County CCA would have to serve  Estimates the costs to start-up and operate the CCA  Considers scenarios with differing assumptions concerning the amount of carbon-free power being supplied to the CCA so as to assess the costs and greenhouse gas (GHG) emissions reductions possible with the CCA  Includes analysis of in-county renewable generation  Compares the rates that could be offered by the CCA to PG&E’s rates  Quantitatively explores the rate competiveness to key input variables, such as the cost of natural gas  Explores what activities a CCA might take with respect to administering customer-side energy efficiency programs  Calculates the macroeconomic development and employment benefits of CCA formation. Loads and Forecast Figure ES-1 provides a snapshot of Alameda County electric load in 2014 by city and by rate class. As the figure shows, total electricity load in 2014 from Alameda County was approximately 8,000 GWh. The cities of Oakland, Fremont, and Hayward were together responsible for half the county load, with Berkeley, San Leandro, and Pleasanton also contributing substantially. Residential and commercial customers made up the majority of the county load, with smaller contributions from the industrial and public sectors. To forecast CCA loads through 2030, MRW used a 0.3% annual average growth rate, which is consistent with the California Energy Commission’s most recent electricity demand forecast for PG&E’s planning area. This growth rate incorporates load reductions from the CCA’s energy efficiency programs of about 6 GWh per year from 2021 through 2030. Figure ES-2 shows this forecast by class, with the energy efficiency savings that are included in the forecast indicated by the top (yellow) segment. 3.1.b Packet Pg. 41 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 ii MRW & Associates, LLC Figure ES-1. PG&E’s 2014 Bundled Load in Alameda County by Jurisdiction and Rate Class Figure ES-2: CCA Load Forecast by Class, 2017-2030 3.1.b Packet Pg. 42 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 iii MRW & Associates, LLC CCA Power Supplies The CCA’s primary function is to procure power supplies to meet the electrical loads of its customers. This requires balancing energy supply and demand on an hourly basis. It also requires procuring generating capacity (i.e., the ability to provide energy when needed) to ensure that customer loads can be met reliably. By law, the CCA must supply a certain portion of its sales to customers from eligible renewable resources. This Renewable Portfolio Standard (RPS), requires 33% renewable energy supply by 2020, increasing to 50% by 2030. The CCA may choose to procure a greater share of its supply from renewable sources than the minimum requirements, or may seek to otherwise reduce the environmental impact of its supply portfolio (e.g., purchase hydroelectric power rather than power from a fossil fuel generator). The three supply scenarios that we considered are: 1. Minimum RPS Compliance: The CCA meets the state-mandated 33% RPS requirement in 2020 and the 50% RPS requirement in 2030 2. More Aggressive: The CCA’s supply portfolio is set at 50% RPS from the first year onward, plus additional amounts of non-RPS compliant large hydro power to reduce GHG emissions 3. Ultra-Low GHG: The CCA’s supply portfolio is set at 50% RPS in the first year and increases to 80% RPS by the fifth year. In each case, we assumed that the RPS portfolio was predominately supplied with solar and wind resources, which are currently the lowest cost sources of renewable energy in California. We assumed that solar and wind each contribute 45% of the renewable energy supply. To provide resource diversity and partly address the need for supply at times when solar and wind production are low, we assumed the remaining 10% of renewable supply would be provided by higher-cost baseload resources, such as geothermal or biomass. Local Renewable Development The CCA may choose to contract with or develop renewable projects within Alameda County so as to promote economic development or reap other benefits. For the purpose of this study, we assume that the local renewable power development resulting from the CCA would be largely solar. In developing the hypothetical portfolios, we made conservative assumptions about how much local solar development would occur as a result of the CCA. A renewable potential study performed for the California Public Utilities Commission (CPUC) estimated roughly 300 MW of large solar supply in Alameda County. (Large solar in this study means ground-mounted utility- scale solar farms).1 This estimate is based on an assessment that five percent of the estimated 6,000 MW of technical potential could be developed, largely as a result of land use conflicts or slope issues that would make solar development unfeasible in certain areas. We assume that over the forecast period through 2030, about 1/3 of the estimated 300 MW large solar supply potential in Alameda County is developed as a result of commitments by the CCA. Additional in-county, small solar projects are assumed to be added at 5-10 MW per year. 1 At about 8-10 acres per megawatt, this corresponds to 2,400 to 3,000 acres (3.75-4.7 square miles). 3.1.b Packet Pg. 43 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 iv MRW & Associates, LLC As a result of feedback from reviews of the preliminary results, an additional case in which we assume that 50% of the renewables are met with local generation. This case is discussed in Chapter 7 and explored in greater detail in the Addendum. Additional studies are available and underway2 assessing in more detail the solar potential in the County, which preliminarily confirm the assumptions used here are conservative (i.e., low). Once formed and operational, the CCA should investigate in greater detail the practical solar potential in the County. Rate Results Scenario 1 (Simple Renewable Compliance) Figure ES-3 summarizes the results of Scenario 1. The figure shows the total average cost of the Alameda County CCA to serve its customers (vertical bars) and the comparable PG&E generation rate (line).3 Of the CCA cost elements, the greatest cost is for non-renewable generation followed by the cost for the renewable generation, which increases over the years according to the RPS standards. Another important CCA customer cost is the Power Charge Indifference Adjustment (PCIA), which is the CPUC-mandated charge that PG&E must impose on all CCA customers. This fee is expected to decrease in most years beginning in 2019 and have less of an impact on the CCA customer rates over time. Under Scenario 1, the differential between PG&E generation rates and average cost for the Alameda County CCA to serve its customer (aka the CCA rates) is positive in each year (i.e., CCA rates are lower than PG&E rates). As a result, Alameda County CCA customers’ average generation rate (including contributions to the reserve fund) can be set at a level that is lower than PG&E’s average customer generation rate in each year. 2 For example, “Bay Area Smart Energy 2020,” available at http://bayarearegionalcollaborative.org/pdfs/BayAreaSmartEnergy2020fin.pdf 3 All rates are in nominal dollars. Note that these are NOT the full rates shown on PG&E bills. They are only the generation portion of the rates. Other parts of the rate, such as transmission and distribution, are not included, as customers pay the same charges for these components regardless of who is providing their power. 3.1.b Packet Pg. 44 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 v MRW & Associates, LLC Table ES-1 shows the average annual savings for Residential customers under Scenario 1. The average annual bill for the residential customer on the Alameda County CCA program could average about 7% lower than the same bill on PG&E rates. Table ES-1. Scenario 1 Savings for Residential CCA Customers Residential Monthly Consumption (kWh) Bill with PG&E ($) Bill with Alameda County CCA ($) Savings ($) Savings (%) 2017 650 147 142 5 3% 2020 650 160 145 15 9% 2030 650 201 188 13 6% Scenario 2 (Accelerated RPS) Under Scenario 2, Alameda County CCA meets 50% of its load through renewable power starting from 2017, while 50% of its non-renewable load is met through hydro-electricity (i.e., overall 50% qualifying renewable. 25% hydro, 25% fossil or market). In this scenario, the differential between PG&E generation rates and Alameda County CCA customer rates is slightly lower than that under Scenario 1, but continues to follow a similar pattern over the years with respect to PG&E rates. As was the case under Scenario 1, because of this positive differential, Alameda County CCA customers’ average generation rate (including contributions to the reserve fund) can be lower than PG&E’s average customer generation rate in each year under this scenario as well. The annual bill for a residential customer on the Alameda County CCA program in Scenario 2 could about 6.5% lower than the same bill on PG&E rates (on average over the 2017-2030 study period). This is less than, but close to, bill savings under Scenario 1. Scenario 3 (80% RPS by 2021) Under this scenario, the Alameda County CCA starts with 50% of its load being served by renewable sources in 2017, and increases this at a quick pace to 80% renewable energy content by 2021. In addition, 50% of its non-renewable supply is met through large hydro-electric sources. The differential between PG&E generation rates and Alameda County CCA customer rates in Scenario 3 is the lowest of the three scenarios, as this scenario has the most expensive supply portfolio (Figure ES-4). However, the expected Alameda County CCA rates continue to be lower than the forecast PG&E generation rates for all years from 2017 to 2030. Although this positive differential still allows for the collection of reserve fund contributions through the CCA’s rates in all the years under consideration, between 2026 to 2028 the differential is very small. Similarly, the annual bill for a residential customer on the Alameda County CCA program will be on average only about 3% lower than the same customers on PG&E rates. 3.1.b Packet Pg. 45 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 vi MRW & Associates, LLC Figure ES-3. Scenario 1 Rate Savings, 2017-2030 Figure ES-4. Scenario 3 Rate Savings, 2017-2030 3.1.b Packet Pg. 46 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 vii MRW & Associates, LLC Greenhouse Gas Emissions As modeled, there are no greenhouse gas benefits for Scenario 1—in fact there are net incremental emissions. This is because both the CCA and PG&E are meeting the same RPS requirements, but over 40% of PG&E’s supply portfolio is made up of nuclear4 and large hydro generation, both of which are considered emissions-free. The Alameda County CCA’s GHG emissions under Scenario 2 are much lower than those under Scenario 1. This is due to the higher renewable content in the CCA’s generation mix under Scenario 2, but more importantly, the 50% hydro content in the non-renewable generation mix. Figures ES-5 compares the GHG emissions from 2017-2030 for the Alameda County CCA under Scenario 2 with what PG&E’s emissions would be for the same load if no CCA is formed. PG&E’s GHG emissions are initially comparable to, the CCA’s emissions. The expected retirement of Diablo Canyon in 2025 increases PG&E’s emissions by approximately 30% in 2025.5 Following this, PG&E’s emissions are expected to decrease from 2026 to 2030 as PG&E procures renewables to meet its mandated RPS goals. However, they still remain higher than the CCA’s expected GHG emissions. The results of Scenarios 1 and 2 illustrate that if the CCA wants to reduce is net carbon emissions, it must include hydroelectric (or other low- or carbon-free resources) in its portfolio. Note that the analysis assumes “normal” hydroelectric output for PG&E. during the drought years, PG&E’s hydro output has been at about 50% of normal, and the utility has made up these lost megawatt-hours through additional gas generation. This means that our PG&E emissions are the PG&E emissions shown here are lower that the “current” emission. If, as is expected by many experts, the recent drought conditions are closer to the “new normal, then PG&E’s GHG emissions in the first 8 years would be approximately 30% higher, resulting in GHG savings for Scenario 2 rather than parity. Similar to Scenarios 1 and 2, under Scenario 3 the Alameda County CCA’s GHG emissions first increase from 2017 to 2019 as the CCA is phased in into the entire county. However, in Scenario 3 this increase is partially offset by the increasing renewable content in the CCA’s supply mix (Figure ES-6). Thus the CCA’s emissions in this scenario grow at a slower rate from 2017 to 2019 than in the first 2 scenarios, then decrease until 80% renewable supply is achieved in 2021, and remain flat thereafter. The CCA’s GHG emissions under this scenario are lower than PG&E’s expected emissions for the same load if no CCA is formed, for all years except for 2017 for which the emissions are comparable. 4 40% of PG&E portfolio is nuclear and hydro 2017 -2024; in 2024 the Diablo Canyon retires and is replaced by gas- fired generation. 5 Between when this study was conducted and the final report released, PG&E announced its intention to retire Diablo Canyon at the end of its current license and replace it with storage, energy efficiency and renewables. Qualitatively, if Diablo Canyon is replaced with storage etc., PG&E GHG emissions would be significantly lower than the PG&E base case (i.e., the big jump up on PG&E GHG emissions in 2025 would not occur). 3.1.b Packet Pg. 47 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 viii MRW & Associates, LLC Figure ES-5. Scenario 2 GHG Emissions by Year (PG&E Normal Hydro Conditions) Figure ES-6. Scenario 3 GHG Emissions by Year PG&E Normal Hydro Conditions 3.1.b Packet Pg. 48 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 ix MRW & Associates, LLC Sensitivity Analysis In addition to the base case forecast described above, MRW assessed alternative cases to evaluate the sensitivity of the results to possible conditions that could impact the Alameda County CCA’s rate competitiveness. The key factors are summarized in Table ES-2. Table ES-2. Factor Sensitivity Change Relicensing Diablo Canyon6 Increases PG&E’s generation rates by ~30%7 Increased cost of renewable power 10% higher through 2021, 20% higher in 2021 and 2022, and 30% higher after 2022 High PCIA (“exit fee”) Retains the high PCIA expected in 2018 (2.1¢/kWh) through 2030 High Natural Gas Prices US Energy Information Administration’s High Gas Price Scenario, which is about 60% higher than the base case price Low PG&E Rates PG&E rates 10% lower than base forecast Stress Scenario Combined impact of high renewable costs, high PCIA, high gas price and low PG&E rates. The sensitivity results are shown as the difference between the annual average PG&E generation rate and the Alameda County CCA rate8 and are shown in Figure ES-7. Scenario 1 (RPS Compliance) is the least costly scenario for the CCA and therefore has the highest rate differentials under most of the sensitivity cases considered. Scenario 2 (Accelerated RPS), though still quite competitive with PG&E, fares slightly worse, with a rate differential typically about 8% lower than in Scenario 1. Scenario 3 (80% RPS by 2021) has the highest renewable content and is the costliest scenario, with rate differentials much lower than those in the other two scenarios. While Scenario 3 is anticipated to be competitive with PG&E in most cases (on average), the margins are much lower, particularly in the “High Renewable Prices” sensitivity 6 Between when this study was conducted and the final report released, PG&E announced its intention to retire Diablo Canyon at the end of its current license and replace it with storage, energy efficiency and renewables. Qualitatively, if we replaced DC with storage, energy efficiency and renewables, the net result would be PG&E costs that are between the base PG&E cost and the Diablo Canyon Relicense). 7 The new cooling system, which would be required per state regulations implementing the Federal Clean Water Act, Section 316(b), would alone have an estimated cost of $4.5 billion. It is because of these very high costs that the base case assumes the that power plant is retired. 8The Alameda County CCA rate includes the PG&E exit fees (PCIA charges) that will be charged to CCA customers but does not include the rate adjustment for the reserve fund. 3.1.b Packet Pg. 49 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 x MRW & Associates, LLC case, and they become negative in the “Low PG&E rates” sensitivity case (i.e., CCA customer rates are higher than PG&E rates). In the stress case,9 Alameda County CCA customer rates exceed PG&E customer rates on average over the 2017-2030 period for all three scenarios, with the rate differential being highest in Scenario 3 at -1.5¢/kWh. This is double the Scenario 2 stress case rate differential of - 0.75¢/kWh. Figure ES-7. Difference Between PG&E Customer Rates and CCA Customer Rates Under Each Sensitivity Case and Supply Scenario, 2017-2030 Average (i.e., positive vertical axis means PG&E rates higher than CCA rates). Macroeconomic and Job Impacts The local economic development and jobs impacts for the three scenarios were analyzed using the dynamic input-output macroeconomic model developed by Regional Economic Models, Inc. (REMI). The model accounts for not only the impact of direct CCA activities (e.g., construction jobs at a new solar power plant or energy efficiency device installers), but also how the rate savings that County households and businesses might experience with a CCA ripple through the local economy, creating more jobs and regional economic growth. Table ES-3 and Figure ES-8 illustrate this through high-level results expressed as average annual job changes for the three CCA scenarios. While Scenarios 1 and 2 create nearly identical direct jobs (due to comparable investment in local renewable projects), Scenario 1 creates far more 9 Stress Scenario assumes the risk cases no favorable to the CCA: Hi gh Renewable Prices, High PCIA, High Natural Gas Prices, and Low PG&E rates. 3.1.b Packet Pg. 50 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 xi MRW & Associates, LLC TOTAL jobs. This is due to the higher bill savings under Scenario 1. Scenario 3 creates a few more direct jobs, but far fewer total jobs, due to decreased bill savings as compared to the other two scenarios. As a result, its total job impact is 55 percent of the Scenario 1 total job impact. Figure ES-8. Alameda County Total Job Impacts by Scenario Table ES-3. Average Annual Jobs created in Alameda County by the CCA – Direct and Total Impacts 2017 – to – 2030 County Impacts CCA Scenario Local Capture on RE investments (billion$) Bill Savings (billion$) Average Annual DIRECT Jobs Average Annual TOTAL Jobs 1 $0.42 $1.57 165 1,322 2 $0.42 $1.51 166 1,286 3 $0.45 $0.52 174 731 The economic activity generated by the CCA results in incremental employment in a variety of sectors. Figure ES-9 shows the job impacts (direct and indirect) by category for Scenario 1 in the year 2023 (the year of maximum impact). It may be surprising that the non-direct stage of 3.1.b Packet Pg. 51 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 xii MRW & Associates, LLC economic stimulation for the county creates a more pronounced set of occupational opportunities due to the magnitude of net rate savings benefitting all customer segments within the county. Figure ES-9. Occupational Impacts Scenario 1, 2023 Energy Efficiency The three cases each assumed approximately 6 GWh of annual incremental energy efficiency savings directly attributable to CCA efficiency program administration. This value is based on forecasts from the California Energy Commission, and take into account the savings being achieved/allocated to PG&E as well as the mandates from Senate Bill 350. A CCA has a number of options with respect to administering energy efficiency programs. First, it can rely upon PG&E to continue to all energy efficiency activities in its area, with some input to insure that monies collected from CCA customers flow back to the area. This is the path that two of the four active California CCAs have chosen (Sonoma Clean Power and Lancaster Choice Energy). Second, the CCA can apply to the CPUC to use monies collected in PG&E rates for energy efficiency programs and administration. These CCA efficiency programs can be for CCA customers only or for all customers in the CCA region, no matter their power provider. If the CCA chose the latter path, greater funds are available (including for natural gas efficiency programs). MCE Clean Energy has chosen this latter path. Our modeling assumed the more conservative former one (i.e., offer efficiency programs to only CCA-served residents and 3.1.b Packet Pg. 52 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July 2016 xiii MRW & Associates, LLC businesses). Third, the CCA supplement or supplant these funds though revenues collected by the CCA. Conclusions Overall, a CCA in Alameda County appears favorable. Given current and expected market and regulatory conditions, an Alameda County CCA should be able to offer its residents and business electric rates that are a cent or more per kilowatt-hour (~8%) less than that available from PG&E. Sensitivity analyses suggest that these results are relatively robust. Only when very high amounts of renewable energy are assumed in the CCA portfolio (Scenario 3), combined with other negative factors, do PG&E’s rates become consistently more favorable than the CCAs. An Alameda County CCA would also be well positioned to help facilitate greater amounts renewable generation to be installed in the County. While the study assumed a relatively modest amount for its analysis—about 175 MW, other studies suggest that greater amounts are possible. Because the CCA would have a much greater interest in developing local solar than PG&E, it is much more likely that such development would actually occur with a CCA in the County than without it. The CCA can also reduce the amount greenhouse gases emitted by the County, but only under certain circumstances. Because PG&E’s supply portfolio has significant carbon-free generation (large hydroelectric and nuclear generators), the CCA must contract for significant amounts of carbon-fee power above and beyond the required qualifying renewables in order to actually reduce the county’s electric carbon footprint. For example, even assuming that the CCA implements a portfolio with 50% qualifying renewables and meets the 50% of the remaining power with carbon-free hydropower, it would only then just barely result in net carbon reductions. However, the extent to which GHG emissions reductions could occur is also a function of the amount of hydroelectric power that PG&E is able to use. If hydro output (continues) to be below historic normal levels, then the CCA should be able to achieve GHG savings, as long as it is also contracting for significant amounts of carbon-free (likely hydroelectric) power. Therefore, if carbon reductions are a high priority for the CCA, a concerted effort to contract with hydroelectric or other carbon-free generators would be needed. A CCA can also offer positive economic development and employment benefits to the County. At the peak, the CCA would create approximately 2300 new jobs in the region. The large amount for be for construction trades, totaling 440 jobs. What may be surprising is that much for the jobs and economic benefit come from reduced rates. Residents, and more importantly businesses, can spend and reinvest their bill savings, and thus generate greater economic impacts. 3.1.b Packet Pg. 53 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 1 MRW & Associates, LLC Chapter 1: Introduction The Alameda County Board of Supervisors voted unanimously in June, 2014 to allocate funding to explore the creation of a Community Choice Aggregation (CCA) Program and directed County staff to undertake the steps necessary to evaluate the feasibility of a CCA. This Technical Study is in response to that Board Action. What is a CCA? California Assembly Bill 117, passed in 2002, established Community Choice Aggregation in California, for the purpose of providing the opportunity for local governments or special jurisdictions to procure or provide electric power for their residents and businesses. Under existing rules administered by the California Public Utilities Commission PG&E must use its transmission and distribution system to deliver the electricity supplied by a CCA in a non - discriminatory manner. That is, it must provide these delivery services at the same price and at the same level of reliability to customers taking their power from a CCA as it does for its own full - service customers. By state law, PG&E also must provide all metering and billing services, its customers receiving a single electric bill each month from PG&E, which would differentiate the charges for generation services provided by the CCA as well as charges for PG&E delivery services. Money collected by PG&E on behalf of the CCA is remitted in a timely fashion (e.g., within 3 business days). As a power provider, the CCA must abide by the rules and regulations placed on it by the state and its regulating agencies, such as maintaining demonstrably reliable supplies and fully cooperating with the State’s power grid operator. However, the State has no rate-setting authority over the CCA; the CCA may set rates as it sees fit so as to best serve its constituent customers. Per California law, when a CCA is formed all of the electric customers within its boundaries will be placed, by default, onto CCA service. However, customers retain the right to return to PG&E service at will, subject to whatever administrative fees the CCA may choose to impose. California currently has four active CCA Programs: MCE Clean Energy, serving Marin County and selected neighboring jurisdictions; Sonoma Clean Power, serving Sonoma County, CleanPowerSF, serving San Francisco City and County, and Lancaster Choice Energy, serving the City of Lancaster (Los Angeles County). Numerous other local governments are also investigating CCA formation, including Los Angeles County, San Mateo County, Monterey Bay region, Santa Barbara, San Luis Obispo and Ventura Counties; and Lake County to name but a few. Assessing CCA Feasibility In order to assess whether a CCA is “feasible” in Alameda County, the local objectives must be laid out and understood. Based on the specifications of the initial request for proposals and input from the County, this study:  Quantifies the electric loads that an Alameda County CCA would have to serve.  Estimates the costs to start-up and operate the CCA. 3.1.b Packet Pg. 54 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 2 MRW & Associates, LLC  Considers three scenarios with differing assumptions concerning the amount of carbon-free power being supplied to the CCA so as to assess the costs and greenhouse gas emissions reductions possible with the CCA.  Includes analysis of in-county renewable generation.  Compares the rates that could be offered by the CCA to PG&E’s rates.  Quantitatively explores the rate competiveness of the three scenarios to key input variables, such as the cost of natural gas.  Explores what activities a CCA might take with respect to administering customer-side, energy efficiency programs  Calculates the macroeconomic development and employment benefits of CCA formation. This study was conducted by MRW & Associates, LLC. MRW was assisted by Tierra Resource Consultants, who conducted all the research and analysis related to energy efficiency. MRW was also assisted by Economic Development Research Group, which conducted all of the macroeconomic and jobs analysis contained in the study. This Study is based on the best information available at the time of its preparation, using publicly available sources for all assumptions to provide an objective assessment regarding the prospects of CCA operation in the County. It is important to keep in mind that the findings and recommendations reflected herein are substantially influenced by current market conditions within the electric utility industry, which are subject to sudden and significant changes. 3.1.b Packet Pg. 55 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 3 MRW & Associates, LLC Chapter 2: Economic Study Methodology and Key Inputs The section summarizes the key inputs and methodologies used to evaluate the cost-effectiveness and cost-competitiveness of the CCA under different scenarios. It considers the requirements that an Alameda County CCA would need to meet, the resources that the County has available or could obtain to meet these requirements, and the PG&E rates that the CCA would be competing against. It also describes the pro forma analysis methodology that is used to evaluate the financial feasibility of the CCA. Understanding the interrelationships of all the tasks and using consistent and coherent assumptions throughout are critical to delivering a quality work product. Figure 1 shows the analysis elements (blue boxes) and major assumptions (red ovals) and how they relate to each other. As the figure illustrates, there are numerous integrations between the tasks. For example, the load forecast is a function of not only the load analysis, but also of projections of economic activity in the county and outcome of the energy efficiency analysis. Two important points are highlighted in this figure. First, it is critical that wholesale power market and prices assumptions are consistent between the CCA and PG&E. While there are reasons that one might have lower or higher costs than the other for a particular product (e.g., CCAs can use tax-free debt to finance generation projects while PG&E cannot), both will participate in the wider Western US gas and power markets and therefore will be subject to the same underlying market forces. To apply power cost assumptions to the CCA than to PG&E, such as simply escalating PG&E rates while deriving the CCA rates using a bottom-up approach, will result in erroneous results. Second, virtually all elements of the analysis feed into the economic and jobs assessment. As is described in detail in Chapter 5, the Study here uses a state- of-the art macroeconomic model that can account for numerous activities in the economy, which allows for a much more comprehensive—and accurate—assessment than a simple input-output model. 3.1.b Packet Pg. 56 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 4 MRW & Associates, LLC Figure 1. Task Map Economic & Jobs Analysis Load Analysis Customer & Load Forecast CCA Rates & Bills Pro Forma Analysis Supply Costs & Options Energy Efficiency Analysis PG&E Rates & Bills PG&E Load Data Wholesale Assumptions CCA Assumptions PG&E Assumptions CCA Competitiveness County & Regional Economic Benefits County Econ. Assumptions 3.1.b Packet Pg. 57 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 1 MRW & Associates, LLC Alameda County Loads and CCA Load Forecasts MRW used PG&E bills from 2014 for all PG&E bundled service customers within the Alameda County region as the starting point for developing electrical load and peak demand forecasts for the Alameda County CCA program.10 Figure 2 provides a snapshot of Alameda County load in 2014 by city and by rate class. PG&E’s total electricity load in 2014 from Alameda County bundled customers was approximately 8,000 GWh.11 The cities of Oakland, Fremont, and Hayward were together responsible for half the county load, with Berkeley, San Leandro, and Pleasanton also contributing substantially. Residential and commercial customers made up the majority of the county load, with smaller contributions from the industrial and public sectors (Figure 3). This same sector-level distribution of load is also apparent at the jurisdictional level for most cities, with the exception of the city of Berkeley. The city of Berkeley’s load has a significant public-sector footprint due to the presence of the University of California, Berkeley. Figure 2. PG&E’s 2014 Bundled Load in Alameda County by Jurisdiction and Rate Class 10 Detailed monthly usage data provided by PG&E to Alameda County. 11 As determined from bill data provided by PG&E. “Bundled” load includes only load for which PG&E supplies the power; it excludes load from Direct Access customers and load met by customer self -generation. 3.1.b Packet Pg. 58 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 2 MRW & Associates, LLC Figure 3. PG&E’s 2014 Bundled Load in Alameda County by Rate Class To estimate CCA loads from PG&E’s 2014 bundled loads, MRW assumed a CCA participation rate of 85% (i.e., 15% of customers opt to stay with PG&E) and a three-year phase in period from 2017 to 2019, with 33% of potential CCA load included in the CCA in 2017, 67% in 2018, and 100% in 2019. To forecast CCA loads through 2030, MRW used a 0.3% annual average growth rate, consistent with the California Energy Commission’s most recent electricity demand forecast for PG&E’s planning area.12 This growth rate incorporates load reductions from energy efficiency of about 6 GWh per year from 2021 through 2030. The CCA load forecast is summarized in Figure 4, which shows annual projected CCA loads by class, with the energy efficiency savings that are included in the forecast indicated by the top (yellow) segment. 12 California Energy Commission. Form 1.1c California Energy Demand Updated Forecast, 2015 - 2025, Mid Demand Baseline Case, Mid AAEE Savings. January 20, 2015 http://www.energy.ca.gov/2014_energypolicy/documents/demand_forecast_cmf/LSE_and_BA/ 3.1.b Packet Pg. 59 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 3 MRW & Associates, LLC Figure 4: CCA Load Forecast by Class, 2017-203013 To estimate the CCA’s peak demand in 2014, MRW multiplied the load forecast for each customer class by the PG&E’s 2014 hourly ratio of peak demand to load for that customer class.14 MRW extended the peak demand forecast to 2030 using the same growth rates used for the load forecast. (Peak demand is the maximum amount of power the CCA would use at any time during the year. It is measured in megawatts (MW). It is important because a CCA must have enough power plants on (or contracted with) at all times to meet the peak demand.) This forecast is summarized in Figure 5. 13 Load forecasted assumes 85% participation. 14 Data obtained from PG&E’s dynamic load profiles for Public, Industrial, Commercial and Residential customers (https://www.pge.com/nots/rates/tariffs/energy_use_prices.shtml) and static load profiles for Pumping and Streetlight customers (https://www.pge.com/nots/rates/2016_static.shtml#topic2 ). 3.1.b Packet Pg. 60 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 4 MRW & Associates, LLC Figure 6. CCA Peak Demand Forecast, 2017-2030 Energy Efficiency The assessment of energy efficiency potential in Alameda County completed for this feasibility study used outputs from the 201315 and 201516 Energy Efficiency Potential and Goals studies developed by the CPUC. These CPUC studies define the technical and economic potential for energy efficiency in PG&E’s service territory. They also determine the market potential used to set goals and budgets for PG&E’s energy efficiency programs.17 Because of its size, varied economy, diverse demographics, and range of climates, it is likely that both energy use characteristics and the potential for energy efficiency in Alameda County is consistent with the potential for energy efficiency in PG&E’s overall service territory, with some exceptions, such as a reduced presence of agricultural and oil extraction loads found elsewhere in the state. Based on these consistencies, this analysis concludes that the energy efficiency potential for electricity in PG&E’s overall service territory as presented in the CPUC studies can be allocated to Alameda County in proportion to overall electricity sales, which average approximately 7.5% of total annual PG&E electricity sales. Using this approach to interpreting the output from CPUC potential studies, Table 1 provides a range of estimates of technical and economic potential in Alameda County for a forecast horizon from the 2017 to 2024. This provides a general indication of the total amount of energy efficiency potential that exists in Alameda County that PG&E and any CCA administered programs would be serving. 15 2013 California Energy Efficiency Potential and Goals Study, Final Report. Prepared for the Californ ia Public Utilities Commission by Navigant Consulting, Inc. February 14, 2014 16 Energy Efficiency Potential and Goals Study for 2015 and Beyond, Stage 1 Final Report. Prepared for the California Public Utilities Commission by Navigant Consulting, Inc. Reference No.: 174655, September 25, 2015 17 See Appendix A for a discussion of technical, economic, and market potential. 3.1.b Packet Pg. 61 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 5 MRW & Associates, LLC Table 1. Alameda County Average Technical and Economic Energy Efficiency Potential Metric Technical Potential Economic Potential Range (% of sales) 21% 16% 18% 15% Potential (GWh) 1,623 1,237 1,391 1,159 Table 2 provides a forecast of the market potential for energy efficiency based on a similar analysis market forecasts from the CPUC potential studies. The row labeled “PG&E Goals” represents Alameda County’s share of the market potential forecast which formed the basis for PG&E’s 2015 energy efficiency program portfolio savings targets.18 That is, because Alameda is in PG&E’s service area, it provides, and will continue to provide, energy efficiency programs to Alameda county residents and businesses. This row shows this amount. The row labeled “High Savings Scenario” represents the energy efficiency savings attributable to Alameda County in the CPUC potential study’s high savings scenario.19 The row labelled “Incremental Potential” is the difference between PG&E’s 2015 portfolio goals for Alameda County and the high savings scenario for the County. This row represents the total market potential that could be served by CCA administered programs. The forecast presented in Table 2 Table 2. Alameda County Incremental Energy Efficiency Market Potential (GWh)20 Year 2017 2018 2019 2020 2021 2022 2023 2024 Alameda Co. Component of PG&E Goals 25.9 35.8 24.6 29.4 41.1 48.2 50.0 25.9 Alameda Co. of High Savings Scenario 44.2 59.8 56.6 65.6 71.7 84.2 88.4 44.2 Incremental Potential 18.3 24.0 32.0 36.3 30.6 36.0 38.4 18.3 While there are countless opportunities and approaches to achieve energy efficiency, several examples of technologies and programs that will yield savings above what is being targeted through the current portfolio of PG&E programs operating in Alameda County are listed below. This includes initiatives that might compliment and leverage existing technologies or programs, or highlight emerging opportunities that are in design or early deployment.  High efficiency LED lighting initiatives targeting high lumen per watt technologies. 18 Net GWh, as defined by the CEC Mid Additional Achievable Energy Efficiency (AAEE) forecast 19 Referred to as the High AAEE Potential Scenario 20 Savings values do not include energy efficiency potential associated with building codes, appliance standards, or estimates for the agricultural or mining market sectors. 3.1.b Packet Pg. 62 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 6 MRW & Associates, LLC  Advanced controls for lighting and platforms that integrate advanced building information & energy management systems.  Increased use of over 50 market ready funding and financing products that can be used to implement sustainability projects in all market sectors.  High Opportunity Programs and Projects (HOPPs) being submitted in response to AB802, such as the Residential Pay-for-Performance HOPP being proposed by PG&E may provide an opportunity to drive higher participation Property Assessed Clean Energy (PACE) programs currently operating throughout Alameda County. CCA Supplies The CCA’s primary function is to procure supplies to meet the electrical loads of its customers. This requires balancing energy supply and demand on an hourly basis. It also requires procuring generating capacity (i.e. the ability to provide energy when needed) to ensure that customer loads can be met reliably.21 In addition to simply meeting the energy and capacity needs of its customers, the CCA must meet other procurement objectives. By law, the CCA must supply a certain portion of its sales to customers from eligible renewable resources. This Renewable Portfolio Standard (RPS), requires 33% renewable energy supply by 2020, increasing to 50% by 2030. The CCA may choose to source a greater share of its supply from renewable sources than the minimum requirements, or may seek to otherwise reduce the environmental impact of its supply portfolio. The CCA may also use its procurement function to meet other objectives, such as sourcing a portion of its supply from local projects to promote economic development in the county. The Alameda County CCA would be taking over these procurement responsibilities from PG&E for those customers who do not opt out of the CCA to remain bundled customers of PG&E. To retain customers, the CCA’s offerings and rates must compete favorably with those of PG&E. The CCA’s specific procurement objectives, and its strategy for meeting those objectives, will be determined by the CCA through an implementation plan, startup activities and ongoing management of the CCA. The purpose of this study is to assess the feasibility of establishing a CCA to serve Alameda County based on a forecast of costs and benefits. This forecast requires making certain assumptions about how the CCA will operate and the objectives it will pursue. To address the uncertainty associated with these assumptions, we have evaluated three different supply scenarios and have generally made conservative assumptions about the ways in which the CCA would meet the objectives discussed above. In no way does this study prescribe actions to be taken by the CCA should one be established. The three supply scenarios that we considered are: 21 The California Public Utilities Commission (CPUC) requires that load serving entities like CCAs demonstrate that they have procured resource adequacy capacity to meet at least 115% of their expected peak load. Since Alameda falls within the Greater Bay Area Local Reliability Area, it must also meet its share of local resource adequacy requirements. 3.1.b Packet Pg. 63 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 7 MRW & Associates, LLC 1. Minimum RPS Compliance: The CCA meets the state-mandated 33% RPS requirement in 2020 and the 50% RPS requirement in 2030; 2. More Aggressive: The CCA’s supply portfolio is set at 50% RPS from the first year onward, plus additional amounts of non-RPS compliant large hydro power to reduce GHG emissions; 3. Ultra-Low GHG: The CCA’s supply portfolio is set at 50% RPS in the first year and increases to 80% RPS by the fifth year. To evaluate these scenarios, we assumed a simple portfolio consisting of RPS-eligible resources in an amount dictated by the particular scenario, with the balance of supply provided by non- renewable wholesale market purchases. In each case, we assumed that the RPS portfolio was predominately supplied with solar and wind resources, which are currently the low-cost sources of renewable energy. We assumed that solar and wind each contribute 45% of the renewable energy supply on an annual basis. To provide resource diversity and partly address the need for supply at times when solar and wind production are low, we assumed the remaining 10% of renewable supply would be provided by higher-cost baseload resources, such as geothermal or biomass. As mentioned above, the CCA may choose to source a portion of its supply from local resources. Alameda County has significant potential for both wind and solar production. The wind resource is located in the Altamont Pass and largely consists of repowering existing turbines with a smaller number of much larger turbines. Costs are generally competitive with other California wind areas, however, the ability to develop projects is constrained by environmental impacts, primarily avian mortality in the Altamont Pass. A Programmatic Environmental Impact Report (PEIR) for the Alameda County portion of the Altamont Pass repowering would allow development of up to 450 MW. Since this amount of capacity may be developed regardless of whether the CCA is formed, and CCA local procurement wouldn’t necessarily increase the amount of wind developed in the Altamont Pass, we have made the conservative assumption that the wind portfolio would effectively be from projects located outside of Alameda County. Thus, for the purpose of this study, we assumed that all of the local procurement by the CCA would be from solar energy, including a mix of smaller and larger projects.22 Figure 7 through Figure 9 show the assumed build-out of new resources under each of the three scenarios outlined above. 22 Note that customer-owned generation, such as rooftop photovoltaic panels, is reflected in the load forecast rather than considered part of the supply portfolio. (I.e., the load forecast is what the CCA must serve, not the gross consumption at the home prior to factoring in customer -side PV.) 3.1.b Packet Pg. 64 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 8 MRW & Associates, LLC Figure 7. Senario 1 CCA Build-Out Figure 8. Scenario 2 CCA Build-Out Figure 9. Scenario 3 CCA Build-Out 3.1.b Packet Pg. 65 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 9 MRW & Associates, LLC Power Supply Cost Assumptions As discussed above, the CCA would procure a portfolio of resources to meet its customers’ needs, which would consist of a mix of renewable and non-renewable (i.e., wholesale market) resources. As shown in Figure 10, the products to be purchased by the CCA consist generally of energy, capacity and renewable attributes (which for counting purposes take the form of renewable energy credits, or RECs).23 Figure 10. Power Supply Cost Elements The CCA will be procuring supplies from the same competitive market for resources as PG&E. As a result, we assume that the costs for renewable and non-renewable energy and for resource adequacy capacity are the same for the CCA as for new purchases made by PG&E (as used in our forecast of PG&E rates discussed below). Wholesale market prices for electricity in California are largely driven by the cost of operating natural gas fueled power plants, since these plants typically have the highest operating costs and are the marginal units. As a result, market prices are a function of the efficiency of the marginal generators, the price of natural gas and the cost of GHG allowances. MRW developed forecasts of these elements to derive a power price forecast for use in determining costs for the CCA and PG&E. Capacity prices are based on prices for resource adequacy contracts reported by the CPUC. MRW developed a forecast of renewable generation prices starting from an assessment of the current market price for renewable power. For the current market price, MRW relied on wind and solar contract prices reported by California municipal utilities and CCAs in 2015 and early 2016, finding an average price of $49/MWh for the solar contracts, $55/MWh for wind power 23 RECs are typically bundled with energy deliveries from renewable energy projects, with each REC representing 1 MWh of renewable energy. A limited number of unbundled RECs may be used to meet RPS requirements. For the purpose of this study we have not considered unbundled RECs and have rather estimated costs based on renewable energy contracts where the RECs are bundled. 3.1.b Packet Pg. 66 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 10 MRW & Associates, LLC and $80/MWh for geothermal.24 We used these prices as the starting point for our forecast of CCA renewable energy procurement costs. For geothermal, which is a relatively mature technology, we assumed that new contract prices would simply escalate with inflation. Solar and wind prices are a function of technology costs, which have generally been declining over time; financing costs, which have been very low in recent years; and tax incentives, which significantly reduce project costs, but phase out over time. In the near-term we would not expect prices to increase as technology costs and continued tax incentives provide downward pressure and likely offset any increase in financing costs or other competitive pressure from an increasing demand for renewable energy in California. Thus we have held solar and wind prices constant in nominal dollars through 2020. Beyond 2020, with increasing competitive pressure associated with the drive to a 50% RPS and the anticipated phase-out of federal tax incentives (offset in part by continued declining technology costs), we would expect prices to increase somewhat and have assumed they escalate at the rate of inflation. In addition to this base case price outlook, we also consider a high solar cost scenario based on work performed by Lawrence Berkeley Laboratory on the value of tax incentives. In the high scenario we assume that costs increase with the phase-out of federal tax incentives, without being offset by declining technology costs. Figure 11 shows the resulting solar price forecasts for the two scenarios. Figure 11. Solar Price Forecast 24 MRW relied exclusively on prices from municipal utilities and CCAs because investor-owned utility contract prices from this period are not yet public. We included all reported wind and solar power purchase agreements, excluding local builds (which generally come at a price premium), as reported in California Energy Markets, an independent news service from Energy Newsdata, from January 2015-January 2016 (see issues dated July 31, August 14, October 16, October 30, 2015, and January 15, 2016). 3.1.b Packet Pg. 67 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 11 MRW & Associates, LLC Locally-Sited and Developed Renewables As discussed above, the CCA may choose to contract with or develop renewable projects in the local area to promote economic development or other benefits. For the purpose of this study, we assume that incremental local development resulting from the CCA would be largely solar. Since the solar resource in Alameda County is not as strong as in the desert and inland areas where new utility-scale projects are typically developed (and upon which the above solar price forecast was developed), solar generation costs in Alameda County are expected to be somewhat higher than our price forecast. Based on renewable energy supply curves developed for the CPUC, we assume a 15% premium for projects located in Alameda County.25 Given the limited open space for very large solar projects in the County, we expect a portion of the local projects included in a hypothetical CCA portfolio to be smaller in size (e.g., < 3 MW). Smaller solar projects tend to have higher generation costs since they don’t have the same economies of scale as the larger projects upon which our estimates of market prices are based. We have assumed a 55% generation cost premium for smaller projects, based on the same supply curve study referenced above. Future price changes and economies of scale might lower this value. In developing the hypothetical portfolios depicted in Figure 7 through Figure 9, we made conservative assumptions about how much local solar development may occur as a result of the CCA. The supply curve study performed for the CPUC estimated roughly 300 MW of solar supply in Alameda County, based on an assessment that five percent of the estimated 6,000 MW of technical potential could be developed, largely as a result of land use conflicts or slope issues that would make solar development infeasible in certain areas. We assume that over the forecast period through 2030, about 1/3 of the estimated 300 MW large solar supply potential in Alameda County is developed as a result of commitments by the CCA. A discussion of the impacts and implications of greater local renewables can be found in Chapter 7. Greenhouse Gas Costs MRW based its forecast of the prices for GHG allowances on the results of the California Air Resources Board’s (ARB’s) auctions for Vintage 2015 allowances.26 The Vintage 2015 Allowances were increased annually in proportion to the auction floor price increases stipulated by the ARB’s cap-and-trade regulation.27 Table 3 GHG Allowances price 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 $/tonne 14.0 15.0 16.0 17.2 18.4 19.6 21.0 22.4 24.0 25.6 27.4 29.3 31.3 33.5 25 CPUC RPS calculator (RETI 2.0) 26 Auction results available at http://www.arb.ca.gov/cc/capandtrade/auction/results_summary.pdf. 27 California Code of Regulations, Title 17, Article 5, Section 95911 . 3.1.b Packet Pg. 68 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 12 MRW & Associates, LLC Total GHG costs were calculated by multiplying the allowance price by the amount of carbon emitted per megawatt-hour for each assumed resource. For “system” purchases, MRW assumed that the GHG emissions corresponded to a natural gas generator operating at the market heat rate. This worked out to be, on average, approximately $5 per megawatt delivered. Other CCA Supply Costs The CCA is expected to incur additional costs associated with its procurement function. For example, if the CCA relies on a third-party energy marketing company to manage its portfolio it will likely incur broker fees or other expenses equal to roughly 5% of the forecasted contract costs. The CCA would also incur costs charged by the California Independent System Operator (CAISO) for ancillary services (activities required to ensure reliability) and other expenses. MRW added 5.5% to the CCA’s power supply cost to cover these CAISO costs. Finally, we added an expense associated with managing the CCA’s renewable supply portfolio. Based on an analysis of the expected CCA load shape and the typical generation profile of California solar and wind resources, we observed that there will be hours in which the expected deliveries from renewable contracts will be greater than the CCAs load in that hour. This results from the amount of renewable capacity that must be contracted to meet annual RPS targets and the variability in renewable generation that leads to higher deliveries in some hours and lower deliveries in other hours. When high renewable energy deliveries coincide with low loads, the CCA will need to sell the excess, likely at a loss, or curtail deliveries, and potentially have to make up those renewable energy purchases during higher load hours to comply with the RPS. The result is that the procurement costs will be somewhat higher than simply contracting with sufficient capacity to meet the annual RPS. PG&E Rate and Exit Fee Forecasts MRW developed a forecast of PG&E’s bundled generation rates and CCA exit fees in order to compare the projected rates that customers would pay as Alameda County CCA customers to the projected rates and fees they would pay as bundled PG&E customers. PG&E Bundled Generation Rates To ensure a consistent and reliable financial analysis, MRW developed a 30-year forecast of PG&E’s bundled generation rates using market prices for renewable energy purchases, market power purchases, greenhouse gas allowances, and capacity that are consistent with those used in the forecast of Alameda County CCA’s supply costs. MRW additionally forecast the cost of PG&E’s existing resource portfolio, adding in market purchases only when necessary to meet projected demand. MRW assumed that near-term changes to PG&E’s generation portfolio would be driven primarily by increases to the Renewable Portfolio Standard requirement in the years leading up to 2030 and by the retirement of the Diablo Canyon nuclear units at the end of their current license periods in 2024 and 2025. More information about this forecast is provided in Appendix B. MRW forecasts that, on average, PG&E’s generation rates will increase just slightly faster than inflation through 2030, with 2030 rates 3% higher than today’s rates when considered on a constant dollar basis (i.e., assuming zero inflation). Underlying this result are three distinct rate periods: 3.1.b Packet Pg. 69 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 13 MRW & Associates, LLC 1. An initial period of faster rate growth through 2023 (1.3% above inflation); 2. A period of rate decline from 2023-2026 (2.5% below inflation) primarily due to the retirement of Diablo Canyon28; and 3. A period of dampened rate growth through 2030 (0.2% above inflation) primarily due to the replacement of high-cost renewable power contracts currently in PG&E’s portfolio with new lower-priced contracts (reflecting the significant fall in renewable power prices in recent years). PG&E’s bundled generation rates in each year of MRW’s forecast are shown in Figure 12, on both a nominal and constant-dollar basis. Figure 12: PG&E Bundled Generation Rates, nominal and constant-dollar forecasts PG&E Exit Fee Forecast In addition to the bundled rate forecast, MRW developed a forecast of the Power Charge Indifference Adjustment (“PCIA”), which is a PG&E exit fee that is charged to CCA customers. The PCIA is intended to pay for the above-market costs of PG&E generation resources that were acquired, or which PG&E committed to acquire, prior to the customer’s departure to CCA. The total cost of these resources is compared to a market-based price benchmark to calculate the “stranded costs” associated with these resources, and CCA customers are charged what is determined to be their fair share of the stranded costs through the PCIA. MRW forecasted the PCIA charge by modeling expected changes to PCIA-eligible resources and to the market-based price benchmark through 2030, using assumptions consistent with those used in the PG&E rate model. Based on our modelling, we expect the PCIA to increase by 8% over the 2016-2018 period (4% in constant dollars) and subsequently to decline in most years 28 More information can be found in the Appendix C 3.1.b Packet Pg. 70 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 14 MRW & Associates, LLC until it drops off completely in the late 2030s. MRW’s forecast of the residential PCIA charge through 2030 is summarized in Table 4. Table 4. PG&E Residential PCIA Charges, ¢/kWh (nominal) 2015 2018 2020 2025 2030 2.3 2.5 2.2 1.1 0.9 Pro Forma Elements and CCA Costs of Service MRW conducted a pro forma analysis to evaluate the expected financial performance of the CCA and the CCA’s competitive position vis a vis PG&E. The analysis was conducted on a forward looking basis from the expected start of CCA operations in 2017 through the year 2030, with several scenarios considered to address uncertainty in future circumstances. Pro Forma Elements Figure 13 provides a schematic of the pro forma analysis, outlining the input elements of the analysis and the output results. The analysis involves a comparison between the generation- related costs that would be paid by Alameda County CCA customers and the generation-related costs that would be paid by PG&E bundled service customers. Costs paid by CCA customers include all CCA-related costs (i.e., supply portfolio costs, net energy efficiency costs,29 and administrative and general costs) and exit fee payments that CCA customers will be required to make to PG&E. As discussed in previous sections, supply portfolio costs and energy efficiency program costs are informed and affected by CCA loads, by the requirements the CCA will need to meet (or will choose to meet) such as with respect to renewable procurement, and by CCA participation levels, which can vary depending on whether or not all cities in the county choose to join the CCA. Administrative and general costs are discussed further below. 29 We anticipate that Alameda County CCA’s energy efficiency costs will be fully offset by Public Benefits Charge revenue provided by PG&E for the purpose of energy efficiency programming and that net costs to Alameda County CCA will be zero. 3.1.b Packet Pg. 71 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 15 MRW & Associates, LLC Figure 13. Pro forma Analysis Inputs: selection of scenarios and cities Load Forecast PG&E Generation Rate Forecast Supply Costs Forecast Adm. Costs Forecast Assessment of CCA viability and CCA customer rates vs, PG&E customer rates (also accounts for reserve fund contributions) Exit fees Forecast Net Energy Efficiency Costs Forecast Generation Rates paid by Alameda County CCA Customers (also accounts for debt interest) 3.1.b Packet Pg. 72 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 16 MRW & Associates, LLC Startup Costs Table 5 shows the estimated CCA startup costs. They are based on the experience of the existing CCAs as well as from other CCA feasibility assessments. Table 5. Estimated Start-Up Costs Item Cost Technical Study $200,000 JPA Formation/Development $100,000 Implementation Plan Development $50,000 Power Supplier Solicitation & Contracting $75,000 Staffing $1,000,000 Consultants and Legal Counsel $500,000 Marketing & Communications $500,000 PG&E Service Fees $75,000 CCA Bond $100,000 Miscellaneous $500,000 Total $ 3,300,000 Working Capital $51,000,000 Total $54,300.000 Working capital is set to equal three months of CCA revenue, or approximately $50 million. This amount would cover the timing lag between when invoices for power purchases (and other account payables) must be remitted and when income is received from the customers. Initially, the working capital is provided by a bank on credit to the CCA. Typical power purchase contracts require payment for the prior month’s purchases by the 20th of the current month. Customers’ payments are typically received 60 to 90 days from when the power is delivered. These startup costs are assumed to be financed over 5 years at 5% interest. Energy Efficiency Program Costs CCA’s have the opportunity use both electric and gas public purpose program funds to provide energy efficiency programs to customers, and using rules defined in CPUC Ruling R.09-11-014 and various cost reports.30As discussed in Chapter 7, approximately $3.9 million would be available for programs administered by a CCA to Alameda County residents, including both 30 Electric and Gas Utility Cost Report. Public Utilities Code Section 913 Report to the Governor and Legislature, April 2016. 3.1.b Packet Pg. 73 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 17 MRW & Associates, LLC CCA and PG&E customers, or $3.5 million if these programs serve only CCA customers, assuming a 15% opt-out rate. This latter case was modeled. Administrative and General Cost Inputs Administrative and general costs cover the everyday operations of the CCA, including costs for billing, data management, customer service, employee salaries, contractor payments, and fees paid to PG&E. MRW conducted a survey of the financial reports of existing CCAs to develop estimates of the costs that would be faced by an Alameda County CCA. Administrative and general costs are phased in from 2017 to 2019, as the CCA operations expand to cover the entire territory of the county; after that, costs are escalated by 2% each year to account for the effects of inflation. Administrative and general costs are unchanged under the three renewable level scenarios, but do vary based on how many cities join the CCA and the number of participating customer accounts. As previously mentioned, a 15% opt-out rate has been assumed for customer participation. Cost of Service Analysis and Reserve Fund To determine annual CCA costs and the rates that would need to be charged to CCA customers to cover these costs, MRW summed the three categories of CCA costs (i.e., supply portfolio costs, net energy efficiency costs, and administrative and general costs) and added in debt financing to cover start-up costs and initial working capital. Financing was assumed to be for a five-year period at an interest rate of 5%. These costs were divided by projected CCA loads to develop the average rate the CCA would need to charge customers to cover its costs (“minimum CCA rate”). To establish the Alameda County CCA rate, MRW adjusted the minimum CCA rate, if needed, based on the competitive position of the CCA. In particular, when the total CCA customer rate (i.e., the minimum CCA rate plus the PG&E exit fee) was below the projected PG&E generation rate,31 MRW increased the minimum CCA rate up to the amount needed to meet the reserve refund targets while still maintaining a discount. MRW used the surplus CCA revenue from these rate increases (“Reserve Fund”) in order to maintain Alameda County CCA competitiveness with PG&E rates in years in which total CCA customer rates would otherwise be higher than PG&E generation rates.32 31 For this analysis, MRW used the average of the projected PG&E generation rates across all rate classes, weighted by the projected Alameda County CCA load in each rate class. 32 MRW applied a Reserve Fund cap of 15% of the annual operating cost. After this cap was reached, no further rate increases were applied for the purpose of Reserve Fund contributions. 3.1.b Packet Pg. 74 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 18 MRW & Associates, LLC Chapter 3: Cost and Benefit Analysis As described in the prior chapter, as part of the pro forma analysis, MRW calculated Alameda County CCA rates that would, where feasible, cover CCA costs and maintain long-term competitiveness with PG&E. This chapter uses those rates to compare the costs and benefits of the Alameda County CCA across three scenarios: (1) Renewable Compliance, (2) Accelerated RPS and (3) 80% RPS by 2021. Costs and benefits are evaluated by comparing total CCA customer rates (including PG&E exit fees) to PG&E generation rates to assess the net bill savings (costs) for customers that join the CCA. Scenario 1 (Renewable Compliance) Under Scenario 1, the Alameda County CCA meets all RPS requirements (including Senate Bill 350 requirements) and does not obtain incremental renewable power or low-carbon power in excess of these requirements. Rate Differentials Figure 14 summarizes the results of this scenario in the form of the total Alameda County CCA customer rate (vertical bars) and the comparable PG&E generation rate (line).33 Of the CCA cost elements, the greatest cost is for non-renewable generation followed by the cost for the renewable generation, which increases over the years according to the RPS standards. Another important CCA customer cost is the PCIA exit fee, which is expected to decrease in most years beginning in 2019 and to become less important over time. Under Scenario 1, the differential between PG&E generation rates and Alameda County CCA customer rates is positive in each year (i.e., CCA rates are lower than PG&E rates). As a result, Alameda County CCA customers’ average generation rate (including contributions to the reserve fund) can be set at a level that is lower than PG&E’s average customer generation rate in each year. The annual differential between the PG&E rate and the total CCA customer rate is expected to vary significantly over the course of this period (Figure 14). During the initial period from 2017-2023, the differential between the two rates increases (i.e., the CCA becomes more cost- competitive) due to an expected decrease in the exit fees charged to Alameda County CCA customers. Beginning in 2024, the rate differential narrows due to a decrease in PG&E generation rates stemming from the closure of the Diablo Canyon nuclear plant. After 2026, the difference between the two rates is expected to increase at a modest rate as PG&E’s generation rates stabilize and exit fees decline. 33 All rates are in nominal dollars 3.1.b Packet Pg. 75 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 19 MRW & Associates, LLC Figure 14. Scenario 1 Rate Savings, 2017-2030 Residential Bill Impacts Table 6 shows the average annual savings for Residential customers under Scenario 1. The average annual bill for the residential customer on the Alameda County CCA program will be on average 7% lower than the same bill on PG&E rates. Table 6. Scenario 1 Savings for Residential CCA Customers Residential Monthly Consumption (kWh) Bill with PG&E ($) Bill with Alameda County CCA ($) Savings ($) Savings (%) 2017 650 147 142 5 3% 2020 650 160 145 15 9% 2030 650 201 188 13 6% Greenhouse Gas Emissions Figure 15 shows the GHG emissions from 2017-2030 for Alameda County CCA under Scenario 1, and PG&E’s expected emissions for the same load if no CCA is formed. The CCA’s GHG emissions initially increase from 2017 to 2019 as the CCA is phased in across the county (from serving 33% potential county load in 2017 to 100% in 2019), and then decrease steadily in the following years as the CCA’s renewable content grows pursuant to SB 350’s requirements of 50% RPS by 2030. PG&E emissions are lower than those of the CCA in this scenario due to the 3.1.b Packet Pg. 76 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 20 MRW & Associates, LLC diversity in PG&E’s electric mix. Besides renewable generation, over 40% of PG&E’s supply portfolio is made up of nuclear and large hydro generation, both of which are emissions-free generation technologies. PG&E’s GHG emissions decrease before 2019 and increase between 2019 and 2024 due to the changes in its RPS procurement.34 In 2025, the retirement of the Diablo Canyon nuclear generation plant increases PG&E’s GHG emissions by approximately 30% as the utility will need to increase its fuel-fired generation to make up for the loss. In the following years PG&E’s GHG emissions are expected to decrease as it ramps up renewable procurement to meet its mandated RPS goals. Figure 16. Scenario 1 GHG Emissions by Year (“Normal” PG&E Hydro Conditions) Scenario 2 (Accelerated RPS) Under Scenario 2, Alameda County CCA meets 50% of its load through renewable power starting from 2017, while 50% of its non-renewable load is met through hydro-electricity. Rate Differentials Figure 17 summarizes the results for this scenario, with the vertical bars representing the Alameda County CCA customer rate and the counterpart PG&E generation rate shown as a line. 34 According to the PG&E RPS plan PG&E Final 2015 Renewable Energy Procurement Plan, filed in CPUC proceeding R.15-02-020, January 14, 2016, Appendix D, Table 2 and Table 4, the RPS procurement in 2019-2024 falls in average 3.5% annual. 3.1.b Packet Pg. 77 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 21 MRW & Associates, LLC In this scenario, the renewable lost is the largest single element of the CCA rate, reflecting the higher renewable content of this scenario. Non-renewable generation is the next largest cost component of the rate, followed by the PCIA exit fee. The PCIA exit fee is expected to decrease in most years beginning in 2019, as it did in the case of Scenario 1. However, the costs associated with GHG allowance purchases are a lower portion of the total costs in this scenario because 50% of the non-renewable generation is expected to be met by hydro-electricity, which is a non-emitting resource. This limits the need for purchase of GHG allowances. The differential between PG&E generation rates and Alameda County CCA customer rates in Scenario 2 is lower than that under Scenario 1; however, it continues to follow a similar pattern over the years with respect to PG&E rates, and it is positive in all years from 2017 to 2030. As was the case under Scenario 1, because of this positive differential, Alameda County CCA customers’ average generation rate (including contributions to the reserve fund) can be s et at a level that is lower than PG&E’s average customer generation rate in each year under this scenario as well. Figure 17. Scenario 2 Rate Savings, 2017-2030 Residential Bill Impacts Table 7 below shows the average annual savings for residential customers under Scenario 2. The annual bill for a residential customer on the Alameda County CCA program will be for the period 2017-2030 on average 6.5% lower than the same bill on PG&E rates. This is lower than, but close to, bill savings under Scenario 1. 3.1.b Packet Pg. 78 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 22 MRW & Associates, LLC Table 7. Scenario 2 Savings for Residential CCA Customers Residential Monthly Consumption (kWh) Bill with PG&E ($) Bill with Alameda County CCA ($) Savings ($) Savings (%) 2017 650 147 146 1 1% 2020 650 160 147 13 8% 2030 650 201 188 13 6% GHG Emissions The Alameda County CCA’s GHG emissions under Scenario 2 are much lower than those under Scenario 1. This is due to the higher renewable content in the CCA’s generation mix under Scenario, as well as the 50% hydro content in the non-renewable generation mix. Figure 18 compares the GHG emissions from 2017-2030 for the Alameda County CCA under Scenario 2 with what PG&E’s emissions would be for the same load if no CCA is formed. The Alameda County CCA’s emissions increase from 2017 to 2019 as the CCA is phased in across the entire county, and then remain flat through 2030. PG&E’s GHG emissions are initially slightly lower than the CCA’s emissions, but as the CCA’s emissions flatten out, PG&E’s emissions follow a generally upward trend and surpass CCA emissions in 2024, with the expected retirement of Diablo Canyon in 2025 – further bumping up PG&E’s emissions by approximately 30% in 2025. Following this, PG&E’s emissions are expected to decrease from 2026 to 2030 as PG&E procures renewables to meet its mandated RPS goals. However, they still remain higher than the CCA’s expected GHG emissions. Note that the analysis assumes “normal” hydroelectric output for PG&E. during the drought years, PG&E’s hydro output has been at about 50% of normal, and the utility has made up these lost megawatt-hours through additional gas generation. This means that our PG&E emissions are the PG&E emissions shown here are lower that the “current” emission. If, as is expected by many experts, the recent drought conditions are closer to the “new normal, then PG&E’s GHG emissions in the first 8 years would be approximately 30% higher, resulting in GHG savings for Scenario 2 rather than parity. 3.1.b Packet Pg. 79 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 23 MRW & Associates, LLC Figure 18. Scenario 2 GHG Emissions by Year (“Normal” PG&E Hydro Conditions) Scenario 3 (80% RPS by 2021) Scenario 3 is the most aggressive scenario considered, in terms of renewable procurement. Under this scenario, the Alameda County CCA starts with 50% of its load being served by renewable sources in 2017, and increases this at a quick pace to 80% of its load being served by renewable sources in 2021. In addition, 50% of its non-renewable supply is met through large hydro-electric sources. Rate Differentials Figure 19 summarizes the rates for the Alameda County CCA under Scenario 3 from 2017 to 2030, and also shows PG&E’s expected generation rate for comparison. Under this scenario, the costs for renewables form the largest component of the CCA’s rates, and grows steadily to account for nearly 60% of the total CCA rate in 2019, and then nearly 70% of total CCA rate by 2030. Non-renewable generation is the next largest cost component of the rate, followed by the PCIA exit fee. The PCIA exit fee is expected to decrease in most years beginning in 2019, as it did in the case of Scenarios 1 and 2. As with Scenario 2, the costs associated with GHG allowance purchases are a lower portion of the total costs in this scenario because 50% of the non-renewable generation is expected to be met by hydro-electricity, which is a non-emitting resource. However, as the renewable content increases and the non-renewable content decreases, the need for purchase of GHG allowances is further lowered, making the GHG costs an even smaller component of the total rate. The differential between PG&E generation rates and Alameda County CCA customer rates in Scenario 3 is the lowest of the three scenarios, as this scenario has the most expensive supply 3.1.b Packet Pg. 80 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 24 MRW & Associates, LLC portfolio. However, the expected Alameda County CCA rates continue to be lower than expected PG&E generation rates for all years from 2017 to 2030. Though this positive differential still allows for the collection of reserve fund contributions through the CCA’s rates in all the years under consideration, between 2026 to 2028 the differential is very small. Figure 19. Scenario 3 Rate Savings, 2017-2030 Residential Bill Impacts Table 8 below shows the average impacts on the bills of residential customers under Scenario 3. The annual bill for a residential customer on the Alameda County CCA program will be on average 3% lower (over the 2017-2030 study period) than the same customers on PG&E rates, under this scenario. Table 8. Scenario 3 Savings for Residential CCA Customers Residential Monthly Consumption (kWh) Bill with PG&E ($) Bill with Alameda County CCA ($) Savings ($) Savings (%) 2017 650 147 146 1 1% 2020 650 160 154 6 4% 2030 650 201 196 5 2% 3.1.b Packet Pg. 81 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 25 MRW & Associates, LLC GHG Emissions Similar to Scenarios 1 and 2, under Scenario 3, the Alameda County CCA’s GHG emissions first increase from 2017 to 2019 as the CCA is phased in into the entire county. However, in Scenario 3 this increase is partially off-set by the increasing renewable content in the CCA’s supply mix. Thus the CCA’s emissions in this scenario grow at a slower rate from 2017 to 2019 than in the first 2 scenarios, then decrease till 80% renewable supply is achieved in 2021, and remain flat thereafter. The CCA’s GHG emissions under this scenario are lower than PG&E’s expected emissions for the same load if no CCA is formed. Figure 20 shows the expected GHG emissions from the CCA and PG&E for all years from 2017 to 2030. Figure 20. Scenario 3 GHG Emissions by Year (“Normal” PG&E Hydro Conditions) 3.1.b Packet Pg. 82 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 26 MRW & Associates, LLC Chapter 4: Sensitivity of Results to Key Inputs In addition to the base case forecast described above, MRW has assessed alternative cases to evaluate the sensitivity of the results to possible conditions that would have an impact on Alameda County CCA’s feasibility study. The metric considered to compare the alternative sensitivity cases to the base case is the differential between the annual average generation rates for PG&E bundled customers and for Alameda County CCA customers.35 The base-case analysis (Chapter 3 –Scenario 1) was developed as a reasonable and conservative assessment of the Alameda County CCA. In addition to the base case analysis, MRW analyzed alternative cases to address six risks: (1) the relicensing of the Diablo Canyon nuclear units, (2) higher renewable supply costs, (3) higher PCIA charges, (4) higher natural gas prices, (5) lower PG&E portfolio costs, and (6) a combination of the last four of these five risks (stress scenario). Diablo Canyon Relicensing Sensitivity In the base case the Diablo Canyon nuclear units are retired at the end of their current operating licenses (Unit 1 in 2024 and Unit 2 in 2025).36 At this time, nuclear retirement appears to be the lower-cost option for PG&E ratepayers given, on the one hand, low market prices for replacement power (both gas-fired and renewable) and, on the other hand, the significant costs PG&E would likely incur to undertake a cooling system modification and potentially other upgrades that would be required to relicense the plant and continue operations.37 Under the relicensing scenario, PG&E’s generation rate would therefore increase, providing a competitive benefit to the Alameda County CCA.38 As shown in Table 8, MRW anticipates that the average rate differential over the 2017-2030 period would increase by 1.35¢/kWh under the Diablo Canyon relicensing scenario. 35The Alameda County CCA rate includes the PG&E exit fees (PCIA charges) that will be charged to CCA customers but does not include the rate adjustment for the reserve fund. 36 This assumption is consistent with the CPUC’s proposed assumptions fo r long-term transmission planning. “Administrative Law Judge’s Ruling Seeking Comment on Assumptions and Scenarios for use in the California Independent System Operator’s 2016-17 Transmission Planning Process and Future Commission Proceedings,” CPUC proceeding R.13-12-010, February 8, 2016, page 41. 37 The new cooling system, which would be required per state regulations implementing the Federal Clean Water Act, Section 316(b), would have an estimated cost of $4.5 billion. Subcommittee Comments on Bechtel’s Assessment of Alternatives to Once-Through-Cooling for Diablo Canyon Power Plant. November 18, 2014, page 10. 38 An increase in PG&E’s rates results in an increase to the CCA customers’ exit fees (which pay for the above - market costs of PG&E’s rates). However, this exit fee increase is much smaller than the PG&E rate increase, and the relicensing scenario provides an overall benefit to the CCA. 3.1.b Packet Pg. 83 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 27 MRW & Associates, LLC Table 9. Diablo Canyon Relicensing Sensitivity Results, 2017-2030 Average PG&E Rate (¢/kWh) Average Rate Differential (¢/kWh) Base Case 10.36 2.1 Diablo Canyon Relicensing 11.75 3.4 Higher Renewable Power Prices Sensitivity This sensitivity case evaluates the impact of higher prices for renewable power on the CCA’s financial viability. As discussed in Appendix B, in the base case, renewable power prices are flat in nominal dollars through 2022, based on the assumption that projected declines in renewable development costs will offset increases associated with the planned expiration of federal renewable tax credits.39,40 In the Higher Renewable Power Prices sensitivity, we assume that renewable prices would be flat in nominal dollars through 2022 if it were not for the tax credit expirations and add the impact of the tax credit expirations to the base case prices. Average renewable power prices in this scenario are 0-10% higher than in the base case scenario through 2021, about 20% higher in 2021 and 2022, and 30% higher after 2022 when the solar investment tax credit is reduced to 10%. These higher prices affect both the CCA and PG&E, but they have a greater effect on the CCA because PG&E has significant amounts of renewable resources under long-term contract. The impact of this stress case is to reduce the 2017-2030 average rate differential by 0.3¢/kWh relative to the base case. Table 10. Higher Renewable Power Prices Sensitivity Results, 2017-2030 Average Renewable Power Prices (¢/kWh)41 Average Rate Differential (¢/kWh) Base Case 5.4 2.1 Higher Renewable Power Prices 6.6 1.8 39 Investment Tax Credit (ITC) which is commonly used by solar developers, is scheduled to remain at its current level of 30% through 2019 and then to fall over three years to 10%, where it is to remain. The federal Production Tax Credit (PTC), which is commonly used by wind developers, is scheduled to be reduced for facilities commencing construction in 2017-2019 and eliminated for subsequent construction. U.S. Department of Energy. Business Energy Investment Tax Credit (ITC). http://energy.gov/savings/business- energy-investment-tax-credit-itc; U.S. Department of Energy. Electricity Production Tax Credit (PTC). http://energy.gov/savings/renewable-electricity-production-tax-credit-ptc 40 The base case forecast would also be consistent with a scenario in which the tax credit expirations a re delayed. 41 Average for solar and wind utility scale generation (>3MW), not including local Alameda County generation. 3.1.b Packet Pg. 84 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 28 MRW & Associates, LLC Higher Exit Fee (PCIA) Sensitivity PG&E’s PCIA exit fees are subject to considerable uncertainty. Under the current methodology, PCIA rates can swing dramatically from one year to the next, and this methodology is currently under review and may be adjusted in the coming years. MRW therefore evaluated a stress case in which PCIA rates don’t fall after 2018, as anticipated in the base case, but instead remain at 2018 levels through 2030. This increases the 2030 PCIA to 250% of its base case value. The impact of this stress case is to reduce the 2017-2030 average rate differential by 0.7¢/kWh relative to the base case. Table 11. Higher PCIA Exit Fee Sensitivity Results, 2017-2030 Average PCIA Rate (¢/kWh) Average Rate Differential (¢/kWh) Base Case 1.4 2.1 Higher Exit Fees (PCIA) 2.1 1.4 Higher Natural Gas Prices Sensitivity Natural gas prices have been low and relatively steady over the last few years, but they have historically been quite volatile and subject to significant swings from local supply disruptions (e.g., Hurricanes Katrina and Rita in 2005). MRW analyzed a gas price sensitivity case using the U.S. Energy Information Administration’s High Scenario natural gas prices forecast,42 which is up to 60% higher than MRW’s base case forecast in some years. Natural gas price increases affect power supply costs for both Alameda County CCA and PG&E; however, the nuclear and hydroelectric capacity in PG&E’s resource mix makes PG&E less sensitive than Alameda County CCA to changes in natural gas prices. The net effect of higher natural gas prices is therefore to increase CCA rates relative to PG&E rates43 (i.e., reduce the average rate differential). Under the sensitivity conditions considered, the 2017-2030 average rate differential decreases relative to the base case by 0.9¢/kWh. 42 U.S. Energy Information Administration. “2015 Annual Energy Outlook,” Table 13 43 For the Scenario 3 the high gas natural prices case is favorable (i.e., the rate differential is higher than the rate differential for the Base Case). 3.1.b Packet Pg. 85 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 29 MRW & Associates, LLC Table 12. Higher Natural Gas Prices Sensitivity Results, 2017-2030 Average Natural Gas Price ($/MMBtu) Average Rate Differential (¢/kWh) Base Case 4.85 2.1 Higher Natural Gas Prices 7.67 1.2 Lower PG&E Portfolio Cost Sensitivity While changes to natural gas prices and renewable power prices affect both the CCA and PG&E, dampening the impact on the CCA’s cost competitiveness, reductions to the costs to operate and maintain PG&E’s nuclear and hydroelectric facilities would provide cost savings to PG&E that would not be offset by cost savings to the CCA. MRW considered a case in which PG&E’s overall generation rates are 10% below the base case, driven by reductions to PG&E’s nuclear and hydroelectric portfolio costs. Under such a scenario, the 2017-2030 average rate differential would be reduced by 1 cent per kWh relative to the base case scenario. Table 13. Lower PG&E Portfolio Sensitivity Results, 2017-2030 Average PG&E Rate (¢/kWh) Average Rate Differential (¢/kWh) Base Case 10.4 2.1 Lower PG&E Portfolio Costs 9.3 1.1 Stress Case and Sensitivity Comparisons For all but the Diablo Canyon relicensing case, rate differentials (i.e., the CCA’s competitive positions) are lower in the sensitivity cases than in the base case scenario, for all years from 2017 to 2030 (Figure 21). To evaluate a more extreme scenario, MRW developed a stress case that combines all the negative sensitivity cases: (1) higher renewable power prices, (2) lower PG&E portfolio costs, (3) higher PCIA exit fees, and (4) higher natural gas prices. The 2017-2030 average rate differential for this stress case is negative, at -0.7¢/kWh, meaning that CCA customer costs would exceed PG&E customer costs under this scenario. 3.1.b Packet Pg. 86 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 30 MRW & Associates, LLC Table 14. Stress Test Results, 2017-2030 Average Rate Differential (¢/kWh) Base 2.1 Stress Scenario -0.7 Figure 21 shows the difference between the PG&E customer rate and the Alameda County CCA customer rate (including exit fees) in the base case and in each of the sensitivity scenarios, for each year from 2017 to 2030. As Figure 21 illustrates, CCA customer rates are lower than PG&E customer rates in each of the individual sensitivity cases in each year and are lower that PG&E customer rates in the stress test case from 2017-2023. Beginning in 2024, CCA customer rates exceed PG&E customer rates in the stress test case (i.e., the rate differential is negative) due to the reduction in PG&E rates as Diablo Canyon is retired and replaced with lower-cost power sources. Figure 21. Difference Between PG&E Customer Rates and CCA Customer Rates Under Each Sensitivity Case, 2017-2030 3.1.b Packet Pg. 87 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 31 MRW & Associates, LLC The results shown above reflect the RPS Compliance supply scenario. MRW additionally evaluated each sensitivity scenario under the two alternative supply scenarios: (1) Accelerated RPS and (2) 80% RPS by 2021. Figure 22 depicts the average rate differentials for 2017-2030 for each sensitivity case under the three supply scenarios. Figure 22. Difference Between PG&E Customer Rates and CCA Customer Rates Under Each Sensitivity Case and Supply Scenario, 2017-2030 Average Scenario 1 (RPS Compliance) is the least costly scenario for the CCA and therefore has the highest rate differential under most of the sensitivity cases considered. Scenario 2 (Accelerated RPS), though still quite competitive with PG&E, fares slightly worse, with a rate differential approximately 8% lower than in Scenario 1 for most of the sensitivity cases considered. The one exception is the “High Natural Gas Price” sensitivity case, in which Scenarios 1 and 2 have about the same results. This is due to the higher renewable content in Scenario 2, which makes the supply portfolio less susceptible to volatility in natural gas prices than Scenario 1. Scenario 3 (80% RPS by 2021) has the highest renewable content and is the costliest scenario, with rate differentials much lower than those in Scenario 1 and Scenario 2. Scenario 3 is anticipated to be competitive with PG&E in most cases (on average); however, the margins are much lower, particularly in the “High Renewable Prices” sensitivity case, and they become negative in the “Low PG&E rates” sensitivity case (i.e., CCA customer rates are higher than PG&E rates). On 3.1.b Packet Pg. 88 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 32 MRW & Associates, LLC the other hand, Scenario 3 is relatively unaffected by the “High Natural Gas Prices” sensitivity case due to the lower share of natural gas power in this supply portfolio. In the stress case, Alameda County CCA customer rates exceed PG&E customer rates on average over the 2017-2030 period for all three scenarios, with the rate differential being highest in Scenario 3 at -1.5¢/kWh. This is double the Scenario 2 stress case rate differential of - 0.75¢/kWh. Conclusions Under the base case scenario, Alameda County CCA customer rates compare quite favorably to PG&E rates in all years from 2017 to 2030, under all three supply scenarios. Furthermore, under the base supply scenario (RPS compliance), Alameda County CCA customer rates remain below PG&E rates under all but the most extreme sensitivity case considered. However, under the alternate supply scenarios, as the CCA renewable content increases, the CCA becomes less completive with PG&E. This is especially pronounced in the 80%-by-2021 scenario, which shows marginal or negative competitiveness vis a vis PG&E in a number of scenarios. Under the stress case, irrespective of the supply scenario considered, CCA rates are higher than PG&E rates. While the stress case may appear extreme given that it involves four adverse sensitivities simultaneously occurring, cost volatility in the power industry is well-established, and the possibility of adverse conditions arising should be understood and planned for in any CCA venture. 3.1.b Packet Pg. 89 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 33 MRW & Associates, LLC Chapter 5: Macroeconomic Impacts Each of the three scenarios discussed thus far is next examined for job impacts within Alameda County. To understand just how job impacts can come about, and the extent of those changes (plus or minus), a brief description of elements associated with the CCA and how they influence the existing economy is provided. How a CCA interacts with the Surrounding Economy The establishment and operation of a CCA creates a new set of spending (also referred to as demands) elements as a community changes the type of electricity generation they want to purchase, where the new mix of generation is (to be) located, adjustments necessary for existing generating assets of the provider utility, and implications on customers’ bills as a result of retail rate differentials. Some of these new elements have temporary effects, while others have long- term effects. Investment in locally situated elements (such as operation & maintenance) will result in the direct creation of jobs, and when a job is created in a sector, there will be a multiplier response on “backwardly-linked” jobs with supplier businesses. The new elements include:  Administration – [direct jobs, long-term effect] county staffing, professional- technical services and I/T-database services  Net Rate Savings (or bill savings) – [long-term effect] county households have an increase in their spending ability, county commercial and industrial energy customers experience a reduction in their costs-of-doing business which makes them each more competitive, garnering more business that requires more employees, and municipal energy customers can provide more local services which requires more local government staff.  New Renewable Capacity Investment within County – [direct jobs, short-term]  New Renewable Operations within County – [direct jobs, long-term]  New Energy-efficiency within County – [direct jobs, short-term]  Net Generating Capacity and Operations offsets for PG&E outside of county – [direct jobs, short & long-term] To frame expectations around how many direct jobs can be created in the county from the above CCA elements, consideration must be given to (a) how much of the spending associated with the CCA scenario is fulfilled by a within county business or resident workforce, and (b) what do these locally-fulfilled dollars represent in terms of current annual county business activity, e.g. is this a large spending event. Table 15 presents these considerations, which are shaped in part by assumptions defined by the MRW study team. For instance, the labor share required on the annual investments (or the operating budget) was assumed to be 100 percent satisfied by within county resident laborers. 3.1.b Packet Pg. 90 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 34 MRW & Associates, LLC Table 15. Initial Investment within Alameda County from Proposed CCA 2017 to 2030 CCA Scenario Local Capture on RE investments (billion$) As % of County’s Total RE investment As % of County’s Expected Economic Activity Bill Savings (billion$) 1 $0.42 44% 0.01% $1.57 2 $0.42 44% 0.01% $1.51 3 $0.45 45% 0.01% $0.52 As can be seen from the table, the initial local investment that would result from building and operating additional renewable projects in Alameda County between the years 2017 to 2030 represents a very small portion of the County’s total expected economic activity, 44 even assuming all of the project costs are directed locally (usually 56% of the project costs would be funneled outside the county due to procurement of equipment from outside the county). By contrast bill savings for scenarios 1 and 2 provide over three fold the benefits of initial local investment. These bill savings indirectly stimulate the economy and ultimately create jobs. Table 16 illustrates this through high-level results expressed as average annual job changes for the three CCA scenarios. While scenarios 1 and 2 create nearly identical direct jobs (due to comparable investment in local renewable projects), scenario 1 creates far more TOTAL jobs. This is due to the higher bill savings under scenario 1. Scenario 3 creates a few more direct jobs, but far fewer total jobs, due to decreased bill savings as compared to the other two scenarios. As a result, its total job impact is 55 percent of the scenario 1 total job impact. A more detailed discussion of these results will follow later. Table 16. Average Annual Jobs created in Alameda County by the CCA – Direct and Total Impacts 2017 – to – 2030 County Impacts CCA Scenario Local Capture on RE investments (billion$) Bill Savings (billion$) Average Annual DIRECT Jobs Average Annual TOTAL Jobs 1 $0.42 $1.57 165 1322 2 $0.42 $1.51 166 1286 3 $0.45 $0.52 174 731 44 Forecast to be $3,500 billion (nominal). Source REMI Policy Insight model, Alameda County forecast. 3.1.b Packet Pg. 91 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 35 MRW & Associates, LLC How Job Impacts Are Measured The scenario-specific elements described in the prior section are expressed as annual dollar amounts (plus or minus) in comparison to what would have been expected in the county economy without a CCA. Initially these amounts supplied by MRW and Tierra are general, representing total project cost by year. The annual investment for specific types of renewable energy projects and of making further energy-efficiency improvements are really comprised of some portion spent on installation labor, a large portion for the equipment (either manufactured in the region or if not, a leakage to imports), and some small portion soft project costs. These details are necessary for modeling impacts on the county economy due to a CCA program. A macroeconomic impact (industry) forecasting model of Alameda County45 is used, the dollar amounts, with further data refinement (detail) are introduced to the model, the economy adjusts to these spending and savings changes by year and then identifies annual impacts in terms of dollar concepts (wages, sales, prices, gross regional product) and jobs, among numerous other metrics. Appendix E provides some high-level background on the REMI Policy Insight model. This model was chosen since it is uniquely qualified over other models and approaches to understand how price (or rate) changes on the business segment (Commercial /Industrial energy customers) influence business activity levels. Since electric rate differentials are a key consideration in pursuing a CCA, the study required a method that would adequately address this. Scenario Results MRW created the three supply scenarios by considering how much within county RE investment (for future generating assets) the CCA could fund, and how much it might invest elsewhere in California (rest of California or “roCA”). Program administration and energy efficiency deployment investments are the same in all three scenarios. As can be seen from Table 17, scenario 3 has the most proposed CCA renewables investment within county but, it has the lowest bill savings. In contrast scenario 1 would site a smaller renewables investment by the CCA as within county, but has proportionally much higher bill savings. 45 The model is a Policy Insight model by Regional Economic Models, Inc. (REMI) of Amherst, MA. It is a model that has been used by the CA Energy Commission, CALTrans, Los Angeles MTA, ABAG, City of San Francisco, and the South Coast AQMD. For this study a two -region socio-economic forecasting model (the county, and balance of State) with 23- industries was used. 3.1.b Packet Pg. 92 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 36 MRW & Associates, LLC Table 17. Initial Comparison of Proposed CCA Scenarios 2017 to 2030 Million$ nominal Million $ nominal DEMAND Scenario Bill Savings CCA Renewable Investment CCA Renewable O&M PG&E Offset Renew. O&M Alameda Co. rest of CA PG&E offset RE invest. roCA Alameda Co. rest of CA Alameda 1 $1,574 $623 $1,676 -$1,946 $47 $133 -$153 2 $1,513 $623 $2,217 -$2,446 $47 $190 -$206 3 $522 $674 $2,514 -$2,785 $51 $200 -$219 Note: Customers’ bill savings account for PG&E’s indifference charge, and any out-of-pocket expenditures for customer-sited renewable or efficiency projects. Job and Gross Regional Product Total Impacts The yearly profile for the county’s total impacts – whether as jobs (Figure 23) or dollars of gross regional product (GRP) ( Figure 24) – shows that scenario 1 outperforms the other two scenarios. All scenarios share the year 2023 as the year of maximum positive impact which is due to maximum net rate savings. The cumulative GRP impact through 2030 for scenario 1 represents a 0.12% change relative to the county’s forecasted GRP without a CCA. 3.1.b Packet Pg. 93 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 37 MRW & Associates, LLC Figure 23. Alameda County Total Job Impacts by Scenario Figure 24. Alameda County Total Gross Regional Product Impacts by Scenario 3.1.b Packet Pg. 94 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 38 MRW & Associates, LLC County Job impact by Stage of Job generation, Scenario 1 Job changes typically start from a direct productive event that alters the need for labor, such as constructing a facility or opening/closing a business. Then there are the local cycles of business - to-business supplier transactions that follow (called indirect jobs), cycles of household spending from the direct and indirect paychecks (called induced jobs), and sometimes there are job changes due to changes in costs (rates) of a location which affect doing-business in the county. These are job impacts from competitiveness effects. The indirect and induced combined are referred to as multiplier effects. The total job impact reflects the direct, the multiplier, and the competitiveness effects. Figure 25 juxtaposes the county’s direct job impacts with the total job impacts from Scenario 1. The majority of job creation in the scenario is from non-direct economic influences - specifically from the net rate savings which drives approximately 76 percent of the county’s job gain (Figure 26). As shown in Appendix E, Scenario 2 would have an identical profile of direct jobs but a slightly lower total job profile, due to almost $60 million of curtailed net rate savings (relative to scenario 1) through 2030. Scenario 3 has a slightly higher direct job profile but a greatly reduced total job impact profile. Figure 25. CCA Scenario 1 County Job Impacts 3.1.b Packet Pg. 95 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 39 MRW & Associates, LLC Figure 26. Alameda County CCA Scenario 1 Total Jobs Impacts by Source County Job Impacts by Sector 2023 (Scenario 1) The county’s sectors which will create these jobs are shown next in Figure 27. The year 2023 is selected since it is when the maximum job impact was shown. Not all sectors are involved with CCA activities (the absence of direct jobs) but all do experience business growth -hence added jobs- as a result of multiplier effects and competitiveness effects. The per-worker 2023 (forecasted and nominal) earnings rate is shown to the right of the sector name. The average (weighted) annual earnings implied across the 2,282 jobs gained within the county in 2023 is $102,120. The results of the other two Scenarios are found in Appendix E. 3.1.b Packet Pg. 96 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 40 MRW & Associates, LLC Figure 27. Alameda County Jobs Changes by sector (annual earnings per worker), 2023 Focus on Construction Sector Jobs The county economy does not forfeit Construction sector jobs (nor does the balance of California economy). In fact, as Figure 27 shows, Construction experiences the largest direct (136 jobs) and total job change (440) for 2023 among all sectors. The degree to which any of these jobs are held by union members or equivalently non-union laborers “working under a collective bargaining agreement (CBA)” is addressed by understanding the publicly available data sources that are used in calibrating any region of a REMI model. It should be noted that the REMI model does not carry a union segmentation on the industry specific employment data. REMI relies upon data series from the U.S. Department of Labor, Commerce and Census. All the data products are the result of states providing a mix of annual and quarterly reports. A consistent characterization of REMI’s Construction sector employment is obtained from (Census’) the 3.1.b Packet Pg. 97 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 41 MRW & Associates, LLC Current Population Survey – Earnings Report (2014) which for California shows approximately 20 percent of construction employment is engaged in work ‘covered’ by a CBA.46 Again those working under a CBA need not all be union members. The Construction sector activity in the two-region REMI model is therefore a blend of work, (20:80) covered-to-non-covered projects. Table 18shows average annual direct and total job impacts by scenario and how many occur in the Construction sector and which would be “covered” by a CBA. Because the direct construction jobs (in particular) vary markedly from year to year (depending upon if a generation project is under construction or not, it is informative to look at a single year). Table 19 shows the construction jobs in 2023, the peak year for direct construction activity. As the table shows, when a project is utility-scale is under construction, the construction jobs increase to about ten times the average number. Table 18. County’s Average Annual Construction Job Impacts Scenario Jobs in All Sectors Jobs in Construction Sector Jobs Associated with CBA Direct Total Direct Total Direct Total 1 165 1322 80 235 16 47 2 166 1286 81 231 16 46 3 174 731 86 160 17 32 Table 19. Peak-Year Construction Job Impacts CCA Scenario Jobs in Construction Sector Jobs Associated with CBA Direct Total Direct Total 1 136 440 27 88 2 137 432 27 86 3 154 326 31 65 The CBA distinction is important as it uses the prevailing hourly wage set by the CA Dept. of Industrial Relations47 for public-funded projects. It is premature to determine how much of the 46 www.unionstats.com 47 See page 49 of http://www.dir.ca.gov/oprl/pwd/Determinations/Northern/Northern.pdf 3.1.b Packet Pg. 98 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 42 MRW & Associates, LLC proposed CCA renewable capacity in any of the scenarios would indeed be public-funded (as opposed to power purchase agreements with third party private project developers). The straight- time48 prevailing hourly “covered” wage rate for FY2016 in the northern counties (including Alameda County) for Group 3 construction laborers is $49.74 which is 21 percent higher than the market rate (indicative of the aforementioned 20:80 blend) of $40.96 in the REMI model. A sensitivity run (Table 20) was conducted just for the macroeconomic impacts that considers 100 percent union or “covered” labor for the direct effect only. This did not require MRW to inflate the renewable project costs and then recalculate forecasted CCA electric rates as would be warranted. Instead – for scenario 1- the fixed (NREL JEDI model derived) labor share on MRW’s initial annual renewable investment would hire fewer but better paid (by 21 percent) construction laborers. As Table 20 shows, the prevailing wage sensitivity has 13 fewer average annual direct (Construction) jobs but the gain in direct “covered” jobs means 51 construction laborers would be paid more. Table 20. Scenario 1 Sensitivity on Direct Construction Requirements Market Wage (20% covered: 80% not covered) Prevailing Wage (100% covered) Scenario Direct Jobs 165 152 As Construction 80 67 UNION (Covered) 16 67 Non-UNION 64 0 Market Wage (20% covered: 80% not covered) Prevailing Wage (100% covered) Scenario Total Jobs 1343 1321 As Construction 235 221 UNION (Covered) 47 98 Non-UNION 188 123 The other approach to testing this sensitivity would entail inflating the annual investment cost on renewable projects by the 21 percent labor premium, restating a higher set of CCA electric rate projections (from these renewable capacity additions) than the current report is based upon, leading to a reduced ‘rate savings’ effect. This would more drastically dampen the macroeconomic impacts than shown in Table 20since the net rate savings have been shown to account for 76 percent of the county’s positive job impacts. 48 Current Employer Statistics data for 2014 show on average a 40-hour work week in the Construction sector. 3.1.b Packet Pg. 99 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 43 MRW & Associates, LLC Occupation Impacts for Alameda County, 2023 Sectors that experience job changes will mean changes over a mix of their occupational requirements. For the maximum year of county job impact, 2023, the broad category occupational impacts are presented in Figure 28 for Scenario 1 as relates to the direct jobs and the non-direct jobs (direct plus non-direct equals the total jobs). They are shown in ascending order of direct stage occupational requirements. It should not be surprising that the non-direct stage of economic stimulation for the county creates a more pronounced set of occupational opportunities due to the magnitude of net rate savings benefitting all customer segments within the county. Note Military and Farming occupations are omitted due to zero or very small response in both stages of job generation. Figure 28. Occupational Impacts Scenario 1, 2023 3.1.b Packet Pg. 100 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 44 MRW & Associates, LLC Chapter 6: Other Risks Aside from the risks identified above, the CCA or the political jurisdictions that are part of the CCA could be at risk. This section addresses some of those risks.49 Financial Risks to CCA Members A CCA is effectively an association of various political subdivisions. The formation documents for the CCA define the rights and responsibilities of each member of the CCA. Given the large number of political subdivisions that might participate in an Alameda County CCA, MRW assumes that the Alameda County CCA would be formed under a Joint Powers Authority, in much the same way as MCE Clean Energy and Sonoma Clean Power. The CCA will ultimately take on various financial obligations. These include obtaining start-up financing, establishing lines of credit, and entering into contracts with suppliers. Because a CCA will take on such financial obligations, it is likely very important to the prospective member political subdivisions that the financial obligations of the CCA cannot be assigned to the members. As a result, it is critical that the Joint Powers Authority and any other structuring documents are carefully drafted to ensure that the member agencies are not jointly obligated on behalf of the CCA (unless a member agency chooses to bear such obligations). The CCA should obtain competent legal assistance when developing the formation documents.50 Procurement-Related Risks Because a CCA is responsible for procurement of supply for its customers, the CCA must develop a portfolio of supply that meets the resource preferences of its customers (e.g., ratio of renewable versus non-renewable supply) while controlling risks (e.g., ratio of short-term versus long-term purchase agreements) and meeting regulatory mandates (e.g., resource adequacy and RPS requirements). Thus, it is tempting to assume that customers would prefer a fully hedged supply portfolio. However, such insurance comes at a cost and a CCA must be mindful of the potential competition from PG&E. As a result, the CCA’s portfolio must be both flexible while meeting the needs of its customers. The CCA will likely need to negotiate a flexible supply arrangement with its initial set of suppliers. Such an arrangement is important since the CCA’s loads are highly uncertain during CCA ramp-up. Without such an arrangement, the CCA faces the risk of either under- or over- procuring renewable or non-renewable supplies. Excessive mismatches between supply and demand of these different products would expose the CCA’s customers to major purchases or sales in the spot markets. These spot purchases could have a major impact on the CCA’s financials. 49 Note that this section does not provide legal opinion regarding specific risks, especially those related to the formation or the structure of the Joint Powers Authority under which MRW assumes the C CA will be established. 50 Cities such as El Cerrito and Benicia have conducted legal analyses when they were considering joining MCE. which should also be consulted. 3.1.b Packet Pg. 101 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 45 MRW & Associates, LLC The CCA will by necessity have to procure a certain amount of short-term supplies. These short- term supplies bring with them price volatility for that element of the supply portfolio. While this volatility is not unexpected, the CCA must be mindful that such volatility could increase the need for reserve funds to help buffer rate volatility for the CCA’s customers. Funding such reserve funds could be challenging in this time of low gas prices (resulting in high PCIA charges). The CCA will be entering the renewable market at an interesting time. While all LSEs must meet the expanded RPS targets by 2030, at least the IOUs are currently over-procured relative to their 2020 RPS targets. Whether the IOUs will attempt to sell off some of their near-term renewable supplies is unknown. However, if the IOUs believe that this is a good time to acquire additional renewables, the CCA could face stiff competition for renewable supplies, meaning that the green portfolio costs for the CCA might be higher than expected. Finally, it should be noted that as greater levels of renewables are developed to meet the State’s very aggressive RPS goals, it is possible that the traditional peak period will change. Adding significant amounts of solar could depress prices during the middle of the day. This could result in the need to try to sell power to out-of-state market participants during the middle of the day, possibly even at a loss. It could also result in the curtailment of renewable resources (even resources owned or controlled by the CCA). This could force the CCA to acquire greater levels of renewable supplies, thereby increasing costs. Legislative and Regulatory Risks As noted above, the CCA must meet various procurement requirements established by the state and implemented by the CPUC or other agencies. These include procuring sufficient resource adequacy capacity of the proper type and meeting RPS requirements that are evolving.51 Additional rules and requirements might be established. These could affect the bottom line of the CCA. PCIA Uncertainty Assembly Bill 117, which established the CCA program in California, included a provision that states that customers that remain with the utility should be “indifferent” to the departure of customers from utility service to CCA service. This has been broadly interpreted by the CPUC to mean that the departure of customers to CCA service cannot cause the rates of the remaining utility “bundled” customers to go up. In order to maintain bundled customer rates, the CPUC has instituted an exit fee, known as the “Power Charge Indifference Adjustment” or “PCIA” that is charged to all CCA customers. The PCIA is intended to ensure that generation costs incurred by PG&E before a customer transitions to CCA service are not shifted to remaining PG&E bundled service customers. Even though there is an explicit formula for calculating the PCIA, forecasting the PCIA is difficult, since many of the key inputs to the calculation are not publicly available, and the results are very sensitive to these key assumptions. For PG&E, the PCIA has varied widely; for example, at one time the PCIA was negative. 51 Rules to establish RPS requirements under the new 50% RPS mandate are currently being de bated at the CPUC. 3.1.b Packet Pg. 102 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 46 MRW & Associates, LLC Current CCAs have chosen to have customers bear the financial risk associated with the level of exit fees they will pay to PG&E. Thus, for a customer taking CCA service to be economically better off (i.e., pay less for electricity), the sum of the CCA charges plus the PCIA must be lower than PG&E’s generation rate. This risk can be mitigated in two ways. First, as discussed in more detail elsewhere, a rate stabilization fund can be created. Second, the CCA can actively monitor and vigorously participate in CPUC proceedings that impact cost recovery and the PCIA. Impact of High CCA Penetration on the PCIA Currently, the PCIA calculation is based on the cost and value of a utility's portfolio, without regard to how much of that portfolio is to be paid for by bundled customers and how much by Direct Access (DA) and CCA customers. As such, the PCIA is not affected by the number of DA/CCA customers. Currently, for bundled customers the rate impacts associated with fluctuating PCIAs are relatively small, but this will change as the number of DA/CCA customers grows. At some point, bundled customers' rates may experience marked volatility as the impacts of the annual PCIA rate swings reverberate to bundled rates. This may be unacceptable to ratepayer advocates and the Commission. The PCIA rate volatility in part reflects changes to the utilities generation costs, which is appropriately reflected in bundled customers’ rates. But, often to a large degree, it reflects changes to the market price benchmark, which should not be relevant to bundled customer rates. For a utility with flat RPS costs, this would have increased the RPS-related PCIA, which would have reduced bundled rates, even though there was no change in RPS costs. This could also happen in the reverse direction, increasing bundled rates when there is no increase in underlying generation costs. Once DA/CCA load gets large enough that there are real stranded contracts, we suspect that the Commission is going to look much more closely at the value of these stranded contracts (and how to get the most value for them). Impact of High CCA Penetration Low-Carbon Resources Virtually all the CCAs forming in California include carbon reduction as a goal. As the analysis has shown, CCAs will likely need to purchase carbon-free both qualifying renewables and other, to meet their goals. This increased demand for carbon-free power will change the “supply- demand” balance and in theory increase the cost of these resources. To address this risk, the Alameda County CCA should consider locking in longer-term contracts for non-RPS eligible resources early in the process so as to guarantee their availability in the longer term when there could be greater demand for them. 3.1.b Packet Pg. 103 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 47 MRW & Associates, LLC Bonding Risk Pursuant to CPUC Decision 05-12-041, a new CCA must include in its registration packet evidence of insurance or bond that will cover such costs as potential re-entry fees, specifically, the cost to PG&E if the CCA were to suddenly fail and be forced to return all its customers back to PG&E bundled service. Currently, a bond amount for CCAs is set at $100,000. This $100,000 is an interim amount. In 2009, a Settlement was reached in CPUC Docket 03-10- 003 between the three major California electric utilities (including PG&E), two potential CCAs (San Joaquin Valley Power Authority and the City of Victorville) and The Utility Reform Network (TURN) concerning how a bonding amount would be calculated. The settlement was vigorously opposed by MCE and San Francisco and never adopted. Since then, the issue of CCA bond requirements has not been revisited by the CPUC. If it is, the bonding requirement will likely follow that set for Energy Service Providers (ESPs) serving direct access customers. This ESP bond amount covers PG&E’s administrative cost to reintegrate a failed ESP’s customers back into bundled service, plus any positive difference between market-based costs for PG&E to serve the unexpected load and PG&E’s retail generation rates. Since the ESP bonding requirement has been in place, retail rates have always exceeded wholesale market prices, and thus the ESP’s bond requirement has been simply the equal to a modest administrative cost. If the ESP bond protocol is adopted for CCAs, during normal conditions, the CCA Bond amount will not be a concern. However, during a wholesale market price spike, the bond amount could potentially increase to millions of dollars. But the high bond amount would likely be only short term, until more stable market conditions prevailed. Also it is important to note that high power prices (that would cause a high bond requirement) would also depress PG&E’s exit fee and would also raise PG&E rates, which would in turn likely provide the CCA sufficient headroom to handle the higher bonding requirement and keep its customers’ overall costs competitive with what they would have paid had they remained with PG&E. As discussed above, JPA member entities would not be individually liable for any increase in the bond amount. 3.1.b Packet Pg. 104 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 48 MRW & Associates, LLC Chapter 7: Other Issues Investigated Funding, Costs, and Impacts of the Energy Efficiency Program Scenario Having established that both adequate economic and market potential exist beyond what is currently being targeted through PG&E programs, the MRW Team estimated how much efficiency could reasonably be captured by assessing the availability of funding for energy efficiency, and the cost of to acquire it through various programs. Understanding available funding options and costs allowed the MRW team to determine the amount of energy efficiency that could be acquired in various funding options and use this to calculate the economic inputs for the REMI model. To assess funding, CCA’s have several funding options, including;  Funds from Non-bypassable Electric Charges – CPUC Ruling R.09-11-014 defined various funding options for CCAs that are administrators of energy efficiency programs, and also outlined some of the funding authorities available to CCA’s that elect to not administer programs  Funds from Non-bypassable Gas Charges – CPUC Decision D.14-10-046 allows CCA’s to administer programs that include funds collected from natural gas customer. This analysis did not estimate the value of these funds.  Income from CCA Operations. Income generated through CCA operations may be used to fund customer programs.  Funding secured by aligned organizations, such as StopWaste’s Energy Council, on behalf of a CCA.  Increased funding through the expansion of the CCA territory. Under current regulations it is allowed for a CCA to define its service territory more broadly than a city or county. As such, the rules that define the funding for Alameda County residents would apply to new participants in a CCA and so provide incremental program funding. For example, in 2015 Marin Clean Energy began serving customer in Contra Costa County and has increased its available program funding as a result of this enrollment. This analysis only considered the impact of Non-bypassable Electric Charges. Using rules defined in CPUC Ruling R.09-11-014 and various cost reports52, Table 21 shows that approximately $3.9M would be available for programs administered by a CCA to Alameda County residents, including both CCA and PG&E customers, or $3.5M if these programs serve only CCA customers, assuming a 15% opt-out rate. 52 Electric and Gas Utility Cost Report. Public Utilities Code Section 913 Report to the Governor and Legislature, April 2016. 3.1.b Packet Pg. 105 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 49 MRW & Associates, LLC Table 21. Annual Funding Models for Non-bypassable Electric Charges Annual Funding Models for Non-bypassable Electric Charges Estimated Value Program Administrator - CCA and PG&E customers $3,941,000 Program Administrator - CCA customer only $3,350,000 The cost of energy was determined by analyzing the 2015 PG&E portfolio to identify the costs per first year net kWh for programs that are likely to be the most representative of programs administered by an Alameda County CCA. An analysis the PG&E portfolio, including the programs presented in Table 22, indicates that $0.61 per net first year kWh is a reasonable estimate of the current unit cost of energy efficiency. Table 22. Select Unit Costs for Energy Efficiency ($/ net kWh) Program Administrator Sub-Program Name Percent Program Savings that are Electric Cost Per First Year Net kWh Equivalent PG&E Commercial Energy Advisor 18% $0.18 MCE MEA 02 - Small Commercial 79% $0.37 PG&E Lighting Programs Total 100% $0.38 MCE MEA01 2013-14 MF - Multifamily 36% $0.59 PG&E East Bay 93% $0.59 Third Party RightLights 100% $0.75 PG&E Energy Savers 100% $0.81 Third Party Energy Fitness Program 100% $0.84 The MRW teams defined the level of energy efficiency input into the REMI model by dividing the available funding by the units cost of energy efficiency as defined above, using the following assumptions;  Available annual budget for energy efficacy programs is based on the maximum funding equation provided in R.09-11-014, and assuming programs are administered only to CCA customers. As discussed in Table 21, this represents approximately $3.5M annually.  The cost of energy efficiency programs most likely to be offered under and a CCA would be $0.61 per net first year kWh. 3.1.b Packet Pg. 106 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 50 MRW & Associates, LLC  The savings from energy efficiency during the forecast horizon would grow at a rate consistent with expected annual energy demand as defined in the 2015 CEC IEPR demand forecast.53  Demand savings would be consistent with the ratio of demand to energy savings achieved by the programs most likely to be offered by a CCA as presented in Table 22. Based on this methodology, Table 23 provides a summary of model energy and demand savings inputs. Note that these savings numbers are incremental to PG&E goals, which average about 42 GWh annually from 2021 through 2024, as defined in the CPUC potential model, which has a forecast horizon ending in 2024. Table 23. Model Energy and Demand Savings Inputs Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Annual incremental energy savings (GWh) 5.7 5.8 5.9 5.9 6.0 6.0 6.1 6.1 6.2 6.3 Annual incremental demand savings (MW) 0.9 0.9 0.9 0.9 0.9 1.0 1.0 1.0 1.0 1.0 “Minimum” CCA Size? MRW’s analysis above assumed that all eligible Alameda County cities join the Alameda County CCA program with a participation rate of 85% from each city, resulting in an anticipated CCA load of about 7 million MWh per year.54 If fewer customers join, CCA rates will generally be higher because about $8 million of annual CCA costs are invariant to the amount of CCA load. Along with the number of customers, the customer make-up is also important. For example, a higher share of residential customers would improve the competiveness of the CCA, while a higher share of commercial customers or industrial customers would weaken the competitiveness of the CCA. Since cities vary in their distribution of customers by rate class, a city opting out of the CCA could affect the competitiveness of the CCA due to both the reduction in CCA load and the shift in customer make-up. The “minimum” load needed for CCA customer rates to be no higher than PG&E customer rates is approximately 450,000 MWh per year, assuming the average customer portfolio for Alameda County and Supply Scenario 1. This value was estimated by assuming that the fixed costs remained the same (i.e., did not scale with sales) and then lowering the sales until the hypothetical reduced CCA’s rates were equal to PG&E’s. As shown in the Figure 29, this is roughly the load from each of the medium-sized cities (e.g., Pleasanton and San Leandro) and much smaller than the load from the larger cities (e.g., Berkeley, Oakland, and Fremont). As 53 Form 1.1 - PGE Planning Area California Energy Demand 2015 Revised - Mid Demand Case. Electricity Consumption by Sector (GWh) 54 In the alternate supply scenarios, the “minimum” annual load assuming the average customer portfolio for Alameda County and the base case is 550,000 MWh (Scenario 2) and 1,000,000 MWh (Scenario 3). These “minimum” loads are also far below the expected annual CCA load of 7 million MWh. 3.1.b Packet Pg. 107 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 51 MRW & Associates, LLC long as two medium-sized cities or one larger city joins the CCA, this “minimum” load will be met. It is not a true minimum, however, because the true minimum depends on the make-up of the customer portfolio. Figure 30. Potential load (85% participation) per city Table 24. Examples of Combinations of Cities and the Average Generation Rate Examples of city combinations ONLY BERKELEY ONLY PLEASANTON ONLY DUBLIN + NEWARK TOTAL ALAMEDA COUNTY Potential Load (MWh) Customer Class (%) Potential Load (MWh) Customer Class (%) Potential Load (MWh) Customer Class (%) Customer Class (%) Residential 136,000 23.37% 158,000 35.11% 160,000 33.83% 32.90% Commercial 176,000 30.24% 232,000 51.56% 234,000 49.47% 43.70% Industrial 74,000 12.71% 36,000 8.00% 41,000 8.67% 13.80% Public 193,000 33.16% 19,000 4.22% 35,000 7.40% 8.60% Street lights + Pumping 3,000 0.52% 5,000 1.11% 3,000 0.63% 1.00% TOTAL 582,000 450,000 473,000 Average PG&E rate (¢/kWh) 9.71 10.56 10.51 10.36 Average CCA rate (¢/kWh) 9.92 10.48 10.19 8.28 Differential rate (¢/kWh) -0.21 0.08 0.32 2.08 3.1.b Packet Pg. 108 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 52 MRW & Associates, LLC Individuals and Communities Self-Selecting 100% Renewables The existing CCAs all offer customers an option to choose to receive 100% of their power from renewable resources in exchange for a rate premium. However, each CCA’s program is different. MCE Clean Energy has offered its “Deep Green” at a rate premium of 1¢/kWh since its inception. Sonoma Clean Power offers its “Evergreen” option at approximately the same price as PG&E’s “Solar Choice” rate. Lancaster Choice Energy offers its Smart Choice as a fixed monthly premium rather than a variable rate. In all cases, only a very modest number of CCA customers—on the order of a few percent—have selected the 100% green rate option. Table 25. CCA 100% Green Rate Premiums CCA Rate Option Increment Above Default Rate Marin Clean Energy Deep Green 1¢/kWh Sonoma Clean Power EverGreen 3.5¢/kWh Lancaster Choice Energy Smart Choice $10/month Potential Alameda Co. CCA TBD ~1.5¢/kWh Any full renewable pricing option offered by the Alameda County CCA would have to be set by the CCA’s management. The value shown in Table 25, ~1.5¢/kWh, is the average incremental cost of green power used in the CCA supply assessment (Scenario 2) over the study period. (Initially, it would have to be ~1.9¢/kWh.) Thus the actual number of hypothetical customers selecting the rate would not impact the economics of the CCA customer who remain on the standard rate.  Representatives from at least two communities, Berkeley and Albany, have expressed interest in having their residents and businesses default onto a 100% renewable rate. If priced at the cost of incremental renewables, such as is assumed in Table 25, then there would be no financial impact on the CCA or its remaining customers. Nonetheless, it could have implications:  Separate CCA opt-out notifications would be needed. A key feature of the opt- out notification is the price comparisons against PG&E. As the default rate would be different for these communities, a different notice would have to be sent. This would simply increase the start-up cost for the CCA, the increment could be paid for by the city electing a different default rate.  Having a higher default rate might increase the number of oft-outs in the community.  PG&E’s billing system would have to be able to handle city- or zip code-specific default options. That is, as new residential or businesses move to a self-selected 3.1.b Packet Pg. 109 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 53 MRW & Associates, LLC green community, the billing system would need to know to default them on a different rate schedule than a customer in a different CCA community. This may or may not be an issue. Competition with a PG&E Community Solar Program PG&E has been offering a solar choice program known as Green Tariff Shared Renewable Program since February 2015.55 The program was established under Senate Bill 43, and pursuant to Decision 15-01-051 from the CPUC, to extend access to renewable energy to ratepayers that are currently unable to install onsite generation.56 It offers homes and businesses the option to purchase 50% or 100% of their energy use from solar resources. The program provides those with homes or apartments or businesses that cannot support rooftop solar the opportunity to meet their electricity requirements through renewable energy and support the growth of renewable energy resources. PG&E’s current Solar Choice program costs residential customers an additional 3.58¢/kWh. Given that MRW projects that the CCA can offer 100% green power at ~1.5¢/kWh over its own Scenario 1 or Scenario 2 rate (which is projected to be less than PG&E’s), we do not see PG&E’s Community Solar Program as an immediate threat. The program is open for enrollment until subscriptions reach 272 MW or January 1, 2019, whichever comes first.57 While this does limit the ability for PG&E to provide a 100% renewable option in the long-run, at the start of the CCA this program it provides an opportunity for customers who desire 100% renewable power to remain with PG&E. Additional Local Renewables As noted in Chapter 2, relatively conservative penetrations of locally-sited renewable generation (solar) was included in the quantitative analysis. Even in scenario 3, the most aggressive with respect to renewables, the modeling assumed only 175 MW of in-county solar. Other individuals and studies have placed the potential for solar in the Alameda County at much higher levels. For example, a 2012 study conducted for Pacific Environment, a San Francisco-Based environmental non-governmental agency, placed the “technical potential” for rooftop and parking lot PC at over 3,700 MW.58 However, it must be noted that technical potential is different than economic or achievable potentials; it represented the absolute ceiling on this kind of PV in the county. Assuming that greater amounts of this solar potential can in practice be tapped has a number of implications for the results of this study. First, greater local solar will increase CCA costs. As noted in the supply section of Chapter 2, in-county solar costs about 15% more than solar located in lower cost, inland counties, and small solar, such as is quantified in the Pacific Environment 55 PG&E website http://www.pge.com/en/b2b/energysupply/wholesaleelectricsuppliersolicitation/RFO/CommunitySolarChoice.page? WT.mc_id=Vanity_communitysolarchoice . Accessed 5/16/2016 56 California Public Utilities Commission, Decision 15-01-051, p.3 57 Solar Choice Program FAQs website, https://www.pge.com/en/myhome/saveenergymoney/solar/choice/faq/index.page Accessed, 5/16/2016 58 Powers, Bill, “Bay Area Smart Energy 2020,” March 2012. 3.1.b Packet Pg. 110 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 54 MRW & Associates, LLC report, is typically 55% more costly than central solar. This increased cost will narrow the difference between the rates that the CCA can offer and PG&E. Still, as the analysis has shown, there is significant financial “headroom” to allow for this. To explore this, we ran Scenario 2 with the assumption that 50% of the renewables were locally sourced. This implies that in 2025, there would be about 925 MW small solar (less than 3MW, including rooftop) and 888 MW large solar in the county (assuming that it can be phased in that quickly). As shown in Figure 31, the margin between the CCA’s costs (bars) and the projected PG&E generation rates is much closer than in the standard Scenario 2. This is not unexpected, as local renewables are assumed to be costlier than large-scale ones located in lower-cost areas of the state. Figure 31. Scenario 2 with 50% of the Renewables Met Using In-County Generation 0 2 4 6 8 10 12 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 C$ / k W h PCIA GHG O/M Non-Renewable Renewable PG&E The impacts on the macroeconomics are more complex. Additional local solar would increase local direct jobs by employing more workers to install and maintain solar arrays. On the other hand, the greater driver of jobs, the bill savings from reduced rates, would go down with the increased CCA costs. While this scenario was not explicitly modeled, the results of the three scenarios at were model strongly suggest that total economic activity and jobs would decrease with the inclusion of more local renewables in the CCA’s supply portfolio. 3.1.b Packet Pg. 111 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Community Choice Aggregation Feasibility Analysis Alameda County July, 2016 55 MRW & Associates, LLC Chapter 8: Conclusions Overall, a CCA in Alameda County appears favorable. Given current and expected market and regulatory conditions, an Alameda County CCA should be able to offer its residents and business electric rates that are a cent or more per kilowatt-hour less than that available from PG&E. Sensitivity analyses suggest that these results are relatively robust. Only when very high amounts of renewable energy are assumed in the CCA portfolio (Scenario 3), combined with other negative factors, do PG&E’s rates become consistently more favorable than the CCAs. An Alameda County CCA would also be well positioned to help facilitate greater amounts renewable generation to be installed in the County. While the study assumed a relatively modest amount for its analysis—about 175 MW, other studies suggest that greater amounts are possible. Because the CCA would have a much greater interest in developing local solar than PG&E, it is much more likely that such development would actually occur with a CCA in the County than without it. The CCA can also reduce the amount greenhouse gases emitted by the County, but only under certain circumstances. Because PG&E’s supply portfolio has significant carbon-free generation (large hydroelectric and nuclear generators), the CCA must contract for significant amounts of carbon-fee power above and beyond the required qualifying renewables in order to actually reduce the county’s electric carbon footprint. For example, even assuming that the CCA implements a portfolio with 50% qualifying renewables and contracts with carbon-free hydropower 50% of the remaining power (i.e., 50% renewable, 25% hydro, 25% fossil/market), it would only then just barely result in net carbon reductions. However, the extent to which GHG emissions reductions occur is also a function of the amount of hydroelectric power that PG&E is able to use. If hydro output (continues) to be below historic normal levels, then the CCA should be able to achieve GHG savings, (as long as it is also contracting for significant amounts of carbon-free (likely hydroelectric) power). Therefore, if carbon reductions are a high priority for the CCA, a concerted effort to contract with hydroelectric or other carbon-free generators would be needed. A CCA can also offer positive economic development and employment benefits to the County. At the peak, the CCA would create approximately 2300 new jobs in the region. The large amount for be for construction trades, totaling 440 jobs. What may be surprising is that much for the jobs and economic benefit come from reduced rates; residents, and more importantly businesses, can spend and reinvest their bill savings, and thus generate greater economic impacts. 3.1.b Packet Pg. 112 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Technical Study for Community Choice Aggregation Program in Alameda County Addendum: Greater Local Renewable Development Scenario Prepared by: With MRW & Associates, LLC 1814 Franklin Street, Ste 720 Oakland, CA 94612 Tierra Resource Consultants Walnut Creek, CA Economic Development Research Group Boston, MA July 2016 3.1.b Packet Pg. 113 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 2 Addendum: Scenario 4 – Greater Local Renewable Development Scenario Based on feedback from the Steering Committee, the MRW Team developed a fourth scenario. This scenario is based on Scenario 2: 50% of its load through renewable power starting from 2017, while 50% of its non-renewable load is met through hydro-electricity (i.e., overall 50% qualifying renewable. 25% hydro, 25% fossil or market), but with an increased emphasis on in- county renewable development. For this case, we assumed that one-half of the CCA’s total renewable requirement would be met by in-county resources by the year 2030. This constitutes a very aggressive scenario. The amounts of new in-county renewables assumed are unprecedented, and without a detailed study as to the technical, economic and achievable penetration of local solar, it should be seen as speculative. As such, the results are more uncertain than the prior three scenarios. Nonetheless, it points to the possibility that even greater local economic development benefits and employment if indeed greater local renewable development can be achieved. Supply Resources Figure 1 shows the assumed build-out of new renewable resources under Scenario 4. The local renewable generation starts in 2017, linearly ramping (80 MW per year) up to 50% of the CCA’s renewable total by 2030 (900 MW). Consistent with the other scenarios, we considered in-county renewable generation to consist of small- and utility-scale solar. At the June 1 Steering Committee meeting, a preliminary version of this scenario was presented. This final version differs from that preliminary one in two ways. First, the preliminary version did not assume any phase-in. I.e., 50% local renewables was available at the same rate as CCE participants phased-in. The final version phases in the new local renewables such that 50% is ultimately achieved in 2030. Second, the preliminary version assumed that 50% of the TOTAL load was being met by local renewables, not simply 50% of the renewable component. Thus, the final Scenario 4 contains less renewables and thus lower costs than the preliminary version presented at the Steering Committee Meeting. 3.1.b Packet Pg. 114 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 3 Figure 1. Senario 4 CCA Build-Out Figure 2 shows the difference on the deployment of the in-county solar generation under Scenarios 2 and 4. Under Scenario 2 the capacity installed increases on average of 15 MW per year up to 180 MW, one-fifth the rate of capacity addition under Scenario 4. Furthermore, under Scenario 4 we assumed a higher fraction of the in-county renewable was met using the small- scale solar. Under Scenario 2, the ratio of small local solar and large local solar is 2:5, while under Scenario 4 the ratio is 1:1. Figure 2. Local Capacity Installed for Scenario 2 and Scenario 4 3.1.b Packet Pg. 115 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 4 Rate Results Figure 3 summarizes the results for Scenario 4, with the vertical bars representing the Alameda CCA customer rate and the counterpart PG&E generation rate shown as a line. As with the other cases, under the renewable prices assumed in the analysis, the Alameda CCA costs are consistently less than the PG&E rate. In Scenario 4, the renewable cost is the largest single element of the CCA rate, reflecting the high renewable content of this scenario (50% RPS) and, in special, the important share of in- county renewable generation. Non-renewable generation is the next largest cost component of the rate, followed by the PCIA exit fee. Figure 3. Scenario 4 Rate Savings, 2017-2030 Figure 4 shows the Alameda CCA customer average generation rate for Scenarios 2 and 4. As seen in this figure, the difference on the generation rate between the two scenarios is minimal during the first years of Alameda CCA operations (when local renewable content is still low), but it grows rapidly, ultimately resulting in 6% difference by 2030 (rates for Scenario 4 higher than Scenario 2). This increase is due to the assumed premium for in-county renewable generation, ($20/MWh on average). 3.1.b Packet Pg. 116 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 5 Figure 4. Scenarios 2 and 4 CCA Rates, 2017-2030 Table 1 below shows the average annual savings for residential customers under Scenario 4. The annual bill for a residential customer on the Alameda CCA program will be for the period 2017- 2030 on average 5.7% lower than the same bill on PG&E rates. This is lower than, but close to, bill savings under Scenario 1. Table 1. Scenario 4 Savings for Residential CCA Customers Residential Monthly Consumption (kWh) Bill with PG&E ($) Bill with Alameda CCA ($) Savings ($) Savings (%) 2017 650 147 146 1 1% 2020 650 160 148 12 8% 2030 650 201 192 9 4% Because the net generating composition of Scenario 4 is the same as Scenario 2, the greenhouse gas emissions would be approximately the same. 3.1.b Packet Pg. 117 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 6 Macroeconomic Impacts As Table 2 shows, Scenario 4 would have a 1.7-fold CCA renewable capacity investment compared to Scenario 3, with almost 5-fold local project investment ($3.2 billion of county-sited projects versus $0.67 billion). Table 2. Initial Comparison of Proposed CCA Scenarios 2017 to 2030 Million$ nominal Million $ nominal DEMAND Scenario Bill Savings* CCA Renewable Investment CCA Renewable O&M PG&E Offset Renew. O&M Alameda Rest of CA PG&E offset RE invest. Rest ofCA Alameda Rest of CA Alameda 1 $1,574 $623 $1,676 -$1,946 $47 $133 -$153 2 $1,513 $623 $2,217 -$2,446 $47 $190 -$206 3 $522 $674 $2,514 -$2,785 $51 $200 -$219 4 $521 $3,222 $2,217 -3,325 $252 $190 -$278 *Bill savings are net of PCIA and customer out-of-pocket for renewable and energy efficient improvements. As can be seen from Table 3, the initial local investment that would result from building and operating additional renewable projects in Alameda County between the years 2017 to 2030 represents a very small portion of the County’s total expected economic activity, 1 even assuming all of the project costs are directed locally (usually 56% of the project costs would be funneled outside the county due to procurement of equipment from outside the county). By contrast bill savings for Scenarios 1 and 2 provide over three fold the benefits of initial local investment. These bill savings indirectly stimulate the economy and ultimately create jobs. 1 Forecast to be $3,500 billion (nominal). Source REMI Policy Insight model, Alameda County forecast. 3.1.b Packet Pg. 118 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 7 Table 3 2017 to 2030 CCA Scenario Local Capture on RE investments (billion$) As % of County’s Total RE investment As % of County’s Expected Economic Activity Net Bill Savings (billion$) 1 $0.42 44% 0.01% $1.57 2 $0.42 44% 0.01% $1.51 3 $0.45 45% 0.01% $0.52 4 $1.86 49% 0.04% $0.52 Table 4 shows high-level results expressed as average annual job changes for the four CCA scenarios. While Scenarios 1 and 2 create nearly identical direct jobs (due to comparable investment in local renewable projects), scenario 1 creates far more TOTAL jobs. This is due to the higher bill savings under scenario 1. Scenario 3 creates a few more direct jobs, but far fewer total jobs, due to decreased bill savings as compared to Scenario 3. The average annual total job impact when compared to Scenario 3 increases by a 2.2-fold factor as a result of CCA customers facing the same level of net rate savings despite the amplified level of renewable investment demand associated with the CCA, particularly for local projects. Table 4: Average Annual Jobs created in Alameda County by the CCA – Direct and Total Impacts 2017 – to – 2030 County Impacts CCA Scenario Local Capture on RE investments (billion$) Bill Savings (billion$) Average Annual DIRECT Jobs Average Annual TOTAL Jobs 1 $0.42 $1.57 165 1322 2 $0.42 $1.51 166 1286 3 $0.45 $0.52 174 731 4 $1.84 $0.52 579 1617 Job impacts from building and operating renewable capacity investments in the county account for near 70 percent of annual job creation (compared to the 20 percent in Scenario 1 which had the smallest amount of CCA renewable investments both for the county and elsewhere in the state. It did however have the greatest rate savings to CCA customers). The peak year of impact remains 2023 with the county adding approximately 2,430 jobs. 3.1.b Packet Pg. 119 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 8 Figure 5. County's annual Total Job Impact by source (thousands) Table 5 addresses the Scenario 4 job impacts occurring (as average annual for 2017 through 2030 and for the 2023 peak year) in the Construction sector related to both the direct and total impact stages, juxtaposed against results for the initial scenarios. It also provides an estimate of Construction sector job changes on “covered” work contracts, using the same approach as done for the three initial scenarios. Table 5: Scenario 4 Job Impacts CCA Scenario Avg. Annual Direct Jobs- all sectors Avg. Annual Direct Jobs- Construction sector ...that are associated with CBA Peak Year Direct Jobs- Construction sector ...that are associated with CBA 1 165 80 16 136 27 2 166 81 16 137 27 3 174 86 17 154 31 4 574 318 64 359 72 CCA Scenario Avg. Annual Total Jobs- all sectors Avg. Annual Total Jobs- Construction sector ...that are associated with CBA Peak Year Total Jobs- Construction sector ...that are associated with CBA 1 1343 235 47 440 88 2 1308 231 46 432 86 3 752 160 32 326 65 4 1617 455 91 634 127 -0.5 0 0.5 1 1.5 2 2.5 3 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 scen 4 Rate savings scen 4 all other CCA fx 3.1.b Packet Pg. 120 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y 9 3.1.b Packet Pg. 121 At t a c h m e n t : 2 . T e c h n i c a l S t u d y f o r C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n A l a m e d a C o u n t y ( 1 1 8 8 : U p d a t e o n A l a m e d a C o u n t y Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Minutes of the October 18, 2016 Regular City Council Meeting Prepared by: Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the October 18, 2016 Regular City Council meeting. STAFF RECOMMENDATION: Staff recommends that the City Council approve the minutes of the October 18, 2016 Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the October 18, 2016 Regular City Council meeting NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the October 18, 2016 Regular City Council Meeting 4.1 Packet Pg. 122 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – OCTOBER 18, 2016 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING OCTOBER 18, 2016 A Regular Meeting of the Dublin City Council was held on Tuesday, October 18, 2016, in the City Council Chamber. The meeting was called to order at 7:00 p.m., by Mayor Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Abe Gupta Vice Mayor Absent Kevin Hart Councilmember Present Don Biddle Councilmember Present Doreen Wehrenberg Councilmember Present 2. Pledge of Allegiance - The pledge of allegiance to the flag was recited by the City Council, Staff and those present. 3. Oral Communications 3.1. Summer Event Wrap-Up Report and Sponsor Recognition The City Council formally accepted the gifts. RESULT: ADOPTED [UNANIMOUS] MOVER: David Haubert, Mayor SECONDER: Kevin Hart, Councilmember AYES: Haubert, Hart, Biddle, Wehrenberg ABSENT: Gupta 3.2. Public Comment There were no public comments made. 4. Consent Calendar 4.1.a Packet Pg. 123 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 1 8 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 0 2 : M i n u t e s o f t h e O c t o b e r 1 8 , 2 0 1 6 R e g u l a r C i t y C o u n c i l DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING OCTOBER 18, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: Don Biddle, Councilmember SECONDER: Kevin Hart, Councilmember AYES: Haubert, Hart, Biddle, Wehrenberg ABSENT: Gupta By unanimous vote, the City Council took the following actions: 4.1. Approved the minutes of the October 4, 2016 Regular City Council meeting. 4.2. Adopted RESOLUTION NO. 157 - 16 ACCEPTING IMPROVEMENTS UNDER PROJECT NO. ST1212 FOR THE SAN RAMON ROAD STORMWATER QUALITY TREATMENT 4.3. Adopted RESOLUTION NO. 158 – 16 AMENDING THE DUBLIN TRAFFIC CODE APPROVING PARKING REGULATIONS ALONG MARSHALL CANYON DRIVE 4.4. Received the Payment Issuance Report and Electronic Funds Transfers Report. 4.5. Adopted RESOLUTION NO. 159 – 16 AMENDING THE DUBLIN TRAFFIC CODE APPROVING PARKING REGULATIONS ALONG PENN DRIVE 4.6. Presented the Proclamation regarding “Red Ribbon Week." 5. Written Communication – None. 6. Public Hearing – None. 4.1.a Packet Pg. 124 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 1 8 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 0 2 : M i n u t e s o f t h e O c t o b e r 1 8 , 2 0 1 6 R e g u l a r C i t y C o u n c i l DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING OCTOBER 18, 2016 7. Unfinished Business – None. 8. New Business 8.1. The Wave at Emerald Glen Park – Proposed Grand Opening Activities and Fee Schedule The City Council directed Staff to revise the Construction Team Recognition Event to a time during the day, and provide one time passes for Police, Fire and City Staff. 9. Other Business By consensus, the City Council requested Staff to: 1) review the City’s Manager’s efforts on improving the City’s contracting practices, including the third-party commissioned report on the topic; 2) review the sign ordinance in regard to campaign signs, and 3) prepare a report on what is within the City's discretion and procedure re: IKEA, and list it as frequently asked questions on the City’s website. The City Council acknowledged the passing of John Green Elementary Teacher Daniel Yamaguchi. 10. Adjournment The meeting was adjourned at 7:55 p.m. in honor of Daniel Yamaguchi, Dublin school teacher, Staff Sgt. Sean Diamond, and all of our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk/Records Manager. Mayor ATTEST: ___________________________ 4.1.a Packet Pg. 125 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 1 8 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 0 2 : M i n u t e s o f t h e O c t o b e r 1 8 , 2 0 1 6 R e g u l a r C i t y C o u n c i l Page 1 of 9 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Updates to the City’s Construction and Fire Codes in Accordance with Requirements of State Law Prepared by: Gregory Shreeve Sr., Chief Building Official EXECUTIVE SUMMARY: The 2016 Edition of the California Building Codes Standards (CBSC) was approved by the California Building Standards Commission earlier this year and will go into effect on January 1, 2017. In order to ensure the continuity of the City’s building standards, the City must adopt an Ordinance incorporating the new codes. The City Council is being asked to set the public hearing and introduce an Ordinance repealing the 2013 California Building Codes Standards and adopting the 2016 California Building Codes Standards. In connection with this action, the City Council will be asked to adopt a Resolution approving findings relating to the City’s amendments to the California Building Code Standards at its November 15, 2016 public hearing. STAFF RECOMMENDATION: Staff recommends that the City Council: 1) Waive the first reading and INTRODUCE an Ordinance Repealing and Adopting Chapters 5.08 (Fire Code), 7.32 (Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical Code), and 7.94 (Green Building Code), and amending Chapter 7.28 (Building Regulation Administration Code) of the Dublin Municipal Code, in Order To Adopt By Reference and Amend Provisions of the 2016 Edition of the California Building Standards Code, Title 24, California Code of Regulations; and, 2) Set the Public Hearing of November 15, 2016 to: a) adopt the Resolution approving the Finding of Necessity for Amendments to the 2016 California Building Standards Code, as recommended by Staff, b) Waive the second reading and adopt an Ordinance Repealing and Adopting Chapters 5.08 (Fire Code), 7.32 (Building Code), 7.34 (Residential Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), Chapter 7.44 (Mechanical Code), and 7.94 (Green Building Code), and amending Chapter 7.28 (Building Regulation Administration Code) of the Dublin Municipal Code, in Order to Adopt By Reference and Amend Provisions of the 2016 Edition of the California Building Standards Code, Title 24, California Code of Regulations. 4.2 Packet Pg. 126 Page 2 of 9 FINANCIAL IMPACT: The costs for implementing the new codes, such as material and training, have been included in the Fiscal Year 2016-2017 Budget. DESCRIPTION: Approximately every three years, the California Building Standards Commission, along with other State agencies, reviews and amends Title 24 of the California Code of Regulations (the “California Building Standards Code” or the “CBSC”). The CBSC contains several sub codes: the California Building Code, California Electrical Code, etc., that are applicable and enforceable at the local level. Once adopted by the State, local jurisdictions, such as the City, may amend the CBSC as necessary to account for local climatic, geological or topographical conditions. The CBSC is based upon several underlying model codes: e.g., the International Building Code, the National Electric Code, etc., which form the baseline building regulations applicable to all occupancies in the State. Any amendments by the City must be at least as stringent as those outlined in the CBSC. The 2016 Edition of the CBSC was approved by the California Building Standards Commission earlier this year and will go into effect January 1, 2017. In order to ensure the continuity of the City’s building standards, the City must adopt an Ordinance incorporating the new codes. The 2016 Edition of the CBSC and the underlying model codes will be applicable to the City as adopted by the State unless the City Council adopts a resolution finding that changes or modifications are necessary due to local climatic, geological or topographical conditions. The City Council made a number of such changes and modifications when the City previously adopted and amended the model codes at the conclusion of the three-year cycle that ended in 2013. Each time the State updates the Codes the City is required to re-adopt any amendments that have been made at the local level; therefore, Staff is recommending that the majority of the amendments made by the City Council during the last code cycle be brought forward into the new codes. Staff is recommending the deletion of one amendment adopted in the Electrical Code as well as two modifications in the Fire code adopted in 2013. These prior amendments are no longer necessary. In keeping with the City’s Values in Ensuring a Safe Community, Staff is recommending modifications to the Plans and Specifications requirements along with an addition to the minimum inspection requirements for balcony or other elevated walking surfaces and detailing requirements of these systems. These modifications are analyzed in the Building Regulations Administration and Building Codes sections of this Staff Report. This Staff Report does not discuss those past changes already approved by the City that are brought forward. For a complete list 4.2 Packet Pg. 127 Page 3 of 9 of all changes in the Construction and Fire Codes, see Attachment 1, Exhibit A. The proposed Ordinance will amend Chapters 5.08, 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, and 7.94 of the Dublin Municipal Code. This action will replace the codes adopted in 2013, as currently referenced in the Municipal Code, with the code versions now required by the California Building Standards Commission, and as referenced in the 2016 California Building Standards Code. These new Codes will benefit the City by: 1. Ensuring consistency with neighboring jurisdictions and the Bay Area; 2. Providing internally consistent, coherent and easier to use codes for City Staff; 3. Making it easier for the public to review and to understand the model code requirements; and 4. Ensuring the City’s compliance with the State’s building standards laws. The proposed Ordinance does not adopt the Administration Chapters of the various sub codes of the CBSC or the underlying model codes, which include the permit fee tables, thus maintaining the City’s current permit fees. SUMMARY OF PROPOSED MODIFICATIONS TO THE MUNICIPAL CODE: Fire Code The amendments to the Fire Code (Attachment 2, Exhibit A) are required to adopt the latest International and California Fire Codes and for general housekeeping purposes. These changes are necessary to remain current with State Law. The existing modifications have been brought forward, except Staff is recommending that the following modifications be deleted from the code: 1. Section 5.08.090, relating to required operational permits, can be removed, as this requirement is now covered in the code. 2. Section 5.08.210, relating to the fire apparatus access roads can be removed as this requirement is now covered in the code. The above changes are necessary to stay consistent with State Law and to avoid confusion in the codes. Sections that have been renumbered or relocated only within the code are not listed. In addition, Staff is recommending the following amendments to the Fire Code: 1. Section 5.08.060 has been modified to change “appointing authority having jurisdiction” to “for the City of Dublin”. This modification is necessary to be consistent with the Building Code. 2. Section 5.08.090 has been modified to add the word “established”. This modification it necessary to stay consistent with State Law. 4.2 Packet Pg. 128 Page 4 of 9 3. Section 5.08.130 has been modified to delete modifications to two exceptions in the requirements for fire sprinkler installation. The deletion of these two exceptions is necessary as they have been deleted from the model and California Codes. This deletion does not change the City’s fire sprinkler requirements. 4. Sections 5.08.180 and 5.08.190 are added to the code to clarify where Flammable and Combustible Liquids can be stored in the City. This modification is for clarification purposes only. Building Regulations Administration Code The amendments to the Building Regulations Administrative Code (Attachment 2, Exhibit B) are required to remain current with State Law and to codify existing City practices. Staff is recommending the following modifications to the code: 1. Section 7.28.180 Change “The Building Official, or his authorized representative” to “The Building Official, or his authorized representatives”. This is necessary to remain current with State Law. 2. Section 7.28.190 Occupancy or use violations, change “occupancy” to “existing use or occupancy”. This is necessary to remain current with State Law. 3. Section 7.28.290 Permit Required Exceptions a. Exception #2 modifying when a permit is required for retaining walls. The modification will clarify how to measure the height of a retaining wall. In addition, the modification removes the exception from a permit for two foot retaining walls with a surcharge. b. Exceptions #3 change “buildings” to “structures”. The meaning does not change. c. Exception #6, change “houses” to “structures” and “with roofs which do not shed water” to “without a solid roof”. The meaning does not change. d. Exceptions #7 adding a requirement that the awning size be measured from the exterior wall and be self-supporting. The meaning does not change. e. Exception # 14 clarifying that exception is limited to single-family dwellings. The meaning does not change. f. Exceptions #15 by adding “floor tile and carpeting” as an item that does not require a building permit. The meaning does not change and will codify existing practices. g. Exception #16 by adding racks under five feet 9 inches to the work that is allowed to be installed without a permit. This will codify existing practices. h. Exceptions #20 from the requirements to obtain a building permit by adding a new exception, “Sidewalks and driveways not more than 30 inches above adjacent grade, and not over a basement or story below and are not part of an accessible route.” This is a new State requirement. 4.2 Packet Pg. 129 Page 5 of 9 These modifications are necessary to remain current with the State Law and to codify current practice. 4. Section 7.28.320 by adding a new paragraph that modifies the Plans and Specifications requirements by adding a new subsection that reads, “Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier system, the construction documents shall include manufacturer’s installation instructions.” This new section as proposed will add detailing requirements for exterior balcony and elevated walking surfaces. This modification is necessary as existing language in the code specifies requirements for construction documents associated with the wall envelope but is silent as how to that extends to balcony and elevated walking surfaces where an impervious moisture barrier systems protects structural elements. This modification has been approved to be included in the 2018 International Building Code. This modification will also codify existing City practices. 5. Section 7.28.570 Notification for inspection required by adding a requirement for the mandatory notification for the inspection of weather exposed elevated balconies and walking surfaces that reads, “Weather exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier systems shall be subject to inspection. Exception: Where special inspections are provided in accordance with Chapter 17 of the Dublin Building Code.” This new section as proposed will add a notification requirement for the inspection of exterior balcony and elevated walking surfaces that are covered with an impervious moisture barrier. This modification is necessary as existing language in the code specifies the minimum required notifications for inspections, but is silent on the need for inspections for balcony and elevated walking surfaces where an impervious moisture barrier system protects structural elements. This modification has been approved to be included in the 2018 International Building Code. This modification will also codify existing City practices. Building Code The amendments to the Building Code (Attachment 2, Exhibit C) are required to adopt the latest International and California Building Codes. These changes are necessary to remain current with State Law. The existing modifications have been brought forward; sections that have been renumbered or relocated only within the code are not listed below. Staff is recommending the following modifications to the Building Code: 1. Section 7.32.030 had been modified to clarify where copies of the adopted codes are to be stored for examination by the public. This amendment is necessary to be consistent with the City’s current practice. 4.2 Packet Pg. 130 Page 6 of 9 2. Section 7.32.040 has been modified to include “replacement” as part of the scope of the code and to change “equipping” to “equipment”. In addition, the wording “physically handicapped” has been replaced with “persons with disabilities”. These amendments are necessary to stay consistent with State Law. 3. Section 7.32.050 has been modified to clarify that accessory structures to single- family homes, not more than three stories, are covered by the Residential Code. This amendment is necessary to be consistent with State Law. 4. Section 7.32.140 has been modified to change “area separation walls” to “fire walls”. This amendment is necessary as an editorial change to stay consistent with the wording in the Building Code. 5. Section 7.32.220 has been added to the code to require a method for drainage of moisture in balconies and decks. This new section as proposed will add a requirement for the installation of a positive drainage system for exterior balcony and elevated walking surfaces that are covered with an impervious moisture barrier. This modification is necessary as existing language in the code specifies the requirements for the design of these areas, but is silent on the need for a method to remove moisture for balcony and elevated walking surfaces where an impervious moisture barrier system protects structural elements. This modification has been proposed to be included in the 2018 International Building Code. The above changes are necessary to stay consistent with State Law and to avoid conflicts in the codes. Residential Code The amendments to the Residential Code (Attachment 2, Exhibit D) are required to adopt the latest International and California Residential Codes. These changes are necessary to remain current with State Law. The existing modifications have been brought forward; sections that have been renumbered or relocated only within the code are not listed below. In addition, Staff is recommending the following amendments to the Residential Code: 1. Section 7.34.030 has been modified to clarify where copies of the adopted codes are to be stored for examination by the public. This amendment is necessary to be consistent with the City’s current practice. 2. Section 7.34.040, has been modified to include single-family accessory structures not more than three stories in height be permitted to be built to this code. This section has also been modified to allow townhouses that are live/work units to comply with this code. In addition, “the physically handicapped” has been replaced with “persons with disabilities”. These amendments are necessary to be consistent with State Law. 4.2 Packet Pg. 131 Page 7 of 9 3. Section 7.34.110 has been modified to update the Wind Design requirements in the Code. This amendment is necessary to stay consistent with the Residential Code. 4. Section 7.34.140 has been added to clarify that the Fire Sprinklers installed in residential buildings shall meet the applicable NFPA fire sprinkler standard. This amendment clarifies that in one and two family dwellings the National Fire Protection Association standard for dwellings shall be used. 5. Section 7.34.190 has been modified to require the installation of rebar in the top and bottom of stem walls. This amendment is necessary so that structures designed under the residential structural requirements for stem walls in buildings and retaining walls are designed to the latest Design Standards. . The above changes are necessary to stay consistent with State Law and to avoid confusion in the codes. Electrical Code The amendments to the Electrical Code (Attachment 2, Exhibit E) are required to adopt the latest National and California Electrical Codes. These changes are necessary to remain current with State Law. The existing modification, setting standards for the location of electrical receptacles in office spaces has been brought forward. Staff is also recommending the deletion of the reference for Fire Alarm installation to the California Administrative Code. This amendment is no longer necessary as fire alarm requirements are now included in the Electrical Code. Staff is recommending the following modification to the code: 1. Section 7.36.030 has been modified to clarify where copies of the adopted codes are to be stored for examination by the public. This amendment is necessary to be consistent with the City’s current practice. Plumbing Code The amendments to the Plumbing Code (Attachment 2, Exhibit F) are required to adopt the latest Uniform and California Plumbing Codes. The existing modifications 1) restricting the installation of water piping under a concrete slab and 2) deleting the administrative chapter has been brought forward. Staff is recommending the followin g modifications to the code: Sections that have been renumbered or relocated only within the code are not listed below. In addition, Staff is recommending the following modifications to the Plumbing Code: 1. Section 7.40.030 has been modified to clarify the where copies of the adopted codes are to be stored for examination by the public. This amendment is necessary to be consistent with the City’s current practice. 4.2 Packet Pg. 132 Page 8 of 9 2. Section 7.40.090 has been added to clarify the type of fire sprinkler system permitted in a single family dwelling. This amendment is necessary to stay consistent with the Building and Fire Codes. Mechanical Code The amendments to the Mechanical Code (Attachment 2, Exhibit G) are required to adopt the latest Uniform and California Mechanical Codes. These changes are necessary to remain current with State Law. The existing modification, deleting the administrative chapter has been brought forward. Staff is recommending the following modification to the code: 1. Section 7.44.030 has been modified to clarify where copies of the adopted codes are to be stored for examination by the public. This amendment is necessary to be consistent with the City’s current practice. Green Building Code The amendments to the Green Building Code (Attachment 2, Exhibit H) are required to adopt the latest California Green Building Standards Code. These changes are necessary to remain current with State Law. The existing modifications, 1) requiring residential projects in excess of twenty units of obtaining 50 points under the Build It Greentm or LEEDtm for homes programs and 2) requiring all newly constructed buildings to install an electric conduit for future access for solar systems has been brought forward. Staff is recommending the following modifications to the code: 1. Section 7.94.030 has been modified to clarify where copies of the adopted codes are to be stored for examination by the public. This amendment is necessary to be consistent with the City’s current practice. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with Government Code Sections 50022.3 and 6066, notice of the public hearing scheduled to take place on November 15, 2016 will be published on November 5, 2016 and November 12, 2016 in the East Bay Times. Attachments were made available for public review prior to this public hearing in accordance with Government Codes Sections 50022.1 et. seq. and 6066. ATTACHMENTS: 1. 2016 CBSC Resolution 2. Exhibit A 2016 CBSC Findings 3. 2016 CBSC Ordinance 4. Exhibit A Chapter 5 08 DMC 2016 Fire Code 5. Exhibit B Chapter 7 28 DMC 2016 Building Admin 6. Exhibit C Chapter 7 32 DMC 2016 Building Code 7. Exhibit D Chapter 7 34 DMC 2016 Residential Code 8. Exhibit E Chapter 7 36 DMC 2016 Electrical Code 4.2 Packet Pg. 133 Page 9 of 9 9. Exhibit F Chapter 7 40 DMC 2016 Plumbing Code 10. Exhibit G Chapter 7 44 DMC 2016 Mechanical Code 11. Exhibit H Chapter 7 94 DMC 2016 Green Building Code 4.2 Packet Pg. 134 RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * APPROVING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE AS ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, TO BE ADOPTED BY REFERENCE IN THE DUBLIN MUNICIPAL CODE WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and WHEREAS, the City Council of the City of Dublin intends to adopt an Ordinance adopting by reference provisions of the California Building Standards Code; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in Exhibit A, attached hereto and hereinafter incorporated by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Building Standards Code set forth in 4.2.a Packet Pg. 135 At t a c h m e n t : 1 . 2 0 1 6 C B S C R e s o l u t i o n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 2 Exhibit A are reasonably necessary because of local climatic, geologic, or topographical conditions in accordance with Health and Safety Code Section 17958.7 as further set forth in Exhibit A. BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Housing and Community Development Department in accordance with Health and Safety Code Section 13869.7(c). PASSED, APPROVED AND ADOPTED this 15th day of November, 2016, by the following votes. AYES: NOES: ABSENT: ABSTAIN: ___________________________________ MAYOR ATTEST: ___________________________________ CITY CLERK 4.2.a Packet Pg. 136 At t a c h m e n t : 1 . 2 0 1 6 C B S C R e s o l u t i o n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 41 EXHIBIT A FINDINGS FOR LOCAL MODIFICATIONS TO THE 2016 EDITIONS OF THE CALIFORNIA FIRE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA GREEN BUILDING CODE AS SET FORTH IN THE 2016 CALIFORNIA BUILDING STANDARDS CODE A. General Findings. The Dublin City Council makes the following general findings regarding local climatic, geologic, and topographical conditions, which the City Council finds necessitates the local modifications to the California Building Standards Code set forth below: 1. Local climatic conditions include a low amount of average yearly rainfall, which tends to be concentrated from October through April. From May through September, a dry period occurs where daily temperatures remain high and there is little measurable precipitation. In addition, the local climate frequently includes high winds which sweep down through the valley. As a result of the high summer temperatures, average load demand and peak load demand of energy used in Dublin are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”). As a result of the low precipitation, the area is subject to occasional drought. In developed areas of the City, fires can occur in buildings, rubbish, automobiles, and grass fires on vacant lots. In the undeveloped areas of the City, there is a risk of large brush and grass fires. If a fire occurs in either a developed or undeveloped area of the City, the local dry conditions combined with high winds, creates the risk of a potential fire storm. In addition, local residential development is occurring in previously undeveloped areas adjacent to wild fire hazard areas. These new developments increase the chance of fire while simultaneously being located further from fire stations, delaying critical response times. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems. 2. Local geologic conditions include a risk of earthquake. A number of earthquake faults are located either within or in close proximity to the City. Those with the most direct and potentially destructive impact are the San Andreas, Calaveras, Hayward, Greenville and Concord-Green Valley Faults. History of earthquake activity indicates that there is a likelihood of a major earthquake in the area. The largest recorded earthquake in this immediate area occurred on the San Andreas Fault on October 17, 1989, a 7.1 magnitude. This area had a sequence of earthquakes on the Greenville Fault in January and February of 1980; these earthquakes had a magnitude of 5.5 to 5.9 on the Richter Scale. The U.S. Geological Survey (USGS) has identified a 63% probability of a major earthquake occurring in the region within the next 30 years. Recent earthquake damage studies, including the 1994 Northridge earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection o f the life-safety of building occupants. In the event of an earthquake, damage to structures can be expected. In residential and commercial areas, this could include significant damage or collapse of buildings. 4.2.b Packet Pg. 137 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 41 Secondary impacts could include ruptured electric or gas connections and/or breaks in water distribution lines. The potential for a major seismic event would create a City-wide demand for emergency response and fire protection services which would exceed staff response capacity. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems. 3. Local topographical conditions include hills on the western and eastern boarders and flat area in the center of the City. Interstate 680 divides the City into two sections, and circulation between areas of the City rely on freeway overpasses. In addition, local traffic must also pass over railroad tracks, creeks, and bridges (to cross arroyos). During peak a.m. and p.m. traffic periods, the City experiences heavy traffic congestion at key intersections, and near many freeway on-ramps and off-ramps. In the event of an accident or emergency at one of these key intersections, bridges, or other circulation corridors, sections of the City could become isolated and response times increased beyond ideal levels. Again, this potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems. 4. Based on the local climatic, geologic, and topographical conditions outlined above, there is a real risk that emergency response could be significantly delayed in the event of an accident or emergency. Therefore, it is necessary to address this problem through the requirement of additional mitigation measures to: (i) prevent the chance of accident or injury by requiring standards more stringent than required by the current codes; and (ii) requiring additional built-in automatic fire protection systems which will provide for early detection and initial fire control. B. Specific Findings: The Dublin City Council makes the following specific findings, which, in addition to the general findings regarding local climatic, geologic, and topographical conditions set forth above, the City Council finds necessitate the local modifications to the California Building Standards Code set forth below: 1. California Fire Code. 5.08.110 Chapter 2 Definitions-Amended. Chapter 2 is amended by adding the following definitions to Section 202: Section 202 General Definitions. City Council shall mean the governing body of the City of Dublin. City Manager shall mean the City Manager of the City of Dublin or his or her designee. Fire Trail means a graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Fuel break means a wide strip or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning into it can be more readily controlled. 4.2.b Packet Pg. 138 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 41 FINDING: These modifications are necessary to adopt the most current State standard and to clarify specific areas of the code. In addition, these modifications will make Chapter 5.08 consistent with Chapters 7.28, 7.32 and 7.34 of the Dublin Municipal code. Definitions clarify the title of Fire Chief and City Council as specific to the City of Dublin. These modifications will provide guidelines for Fire Department access locations and roadway preparation. The modifications also provide specific language to insure adequate access to fire hydrants and fire appliances. 5.08.120 Section 503.2.3.1 Specifications-Added. Section 503.2.3.1 is added to read as follows: 503.2.3.1 Fire and Emergency Access Roads approved for construction sites shall be designed to meet the requirements of Section 503.2. The access shall be approved by the Fire Department prior to commencement of combustible storage or construction on the site. FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code. In addition, these modifications will make Chapter 5.08 consistent with Chapters 7.28, 7.32 and 7.34 of the Dublin Municipal code. This modifications will provide guidelines for Fire Department access locations and roadway preparation. The modifications also provide specific language to insure adequate access to fire hydrants and fire appliances. 5.08.130 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 903.2.10.1-Deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, 903.2.11.3-Amended; and Sections 903.2.2.1 and 903.2.20- Added. Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.10.1 are deleted, Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, and 903.2.11.3, are amended to read as follows, and Sections 903.2.1.1, and 903.2.20 are added to read as follows: 903.2.1.1 Group A-1 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.2 Group A-2 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.3 Group A-3 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.4 Group A-4 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.2.1 Group B Occupancies. 4.2.b Packet Pg. 139 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 4 of 41 An automatic fire-extinguishing system shall be installed in Group B occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.3 Group E Occupancies. 1. An automatic fire-extinguishing system shall be in Group E, occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.4 Group F Occupancies. An automatic fire sprinkler system shall be installed in all Group F occupancies where the floor area exceeds 2,500 square feet (232 m²). (Section 903.2.4.1 is deleted) 903.2.6 exceptions 3 and 4 Group I Occupancies (903.2.6 exceptions 3 and 4 are deleted) 903.2.7 Group M Occupancies. 1. An automatic sprinkler system shall be installed in Group M occupancies where the floor area exceeds 2,500 square feet (232 m²). 903.2.9 Group S Occupancies. An automatic sprinkler system shall be installed in all Group S occupancies as follows: 1. Where the floor area exceeds 2,500 square feet (232 m²); 2. Buildings with repair garages servicing vehicles parked in basements. (Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1 are Deleted) 903.2.11.3 Buildings Three Or More Stories in Height. An automatic sprinkler system shall be installed in all occupancies, regardless of type of construction, if the building is three or more stories or more than 35 feet in height measured from the pad grade level to the highest point of the building. An automatic sprinkler system shall be installed in all other occupancies as may be required by the 2013 California Building and Residential Code. 903.2.20 All Occupancies Automatic fire-extinguishing systems shall be installed in all occupancies located more than 1½ miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line. Buildings containing portions which are required to have an automatic fire extinguishin g system because of the number of stories shall have the automatic fire extinguishing system installed throughout and fire walls as set forth in Section 706 shall not be considered as creating separate buildings for the purpose of this section. 4.2.b Packet Pg. 140 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 5 of 41 Whenever an addition is made to an existing building, automatic fire-extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitations set forth in this section. Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in that portion of the building housing the new use. FINDING: The amendment is needed due to local climatic and topographical conditions. These modifications are necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added. Section 903.6 is amended and Section 903.6.2 and 903.6.3 are added to read as follows: 903.6 Existing Buildings. All changes of occupancy classification in existing buildings shall comply with the requirements contained in Section 903.2 of this code and Table 503 of the California Building Code. 903.6.2 When an addition to an existing building causes the total square footage of the building to exceed the maximum floor area specified in Table 503 of the California Building Code. Addition or alteration that removes 50% or more of the existing exterior walls of a building shall be considered a new building for the purposes of Section 903. 903.6.3 Existing buildings which do not conform to Current Building Code or Fire Code requirements may be required to install an automatic fire extinguishing system when an interior alteration or remodeling occurs, regardless of whether the floor area is increased or use changed. It shall be the responsibility of the Fire Marshal and the Building Official to evaluate the work being performed, non-complying features, and determine if an automatic fire extinguishing system will be required. FINDING: The amendment is needed due to local climatic and topographical conditions. These modifications are necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 5.08.150 Section 907.1-Amended; Sections 907.10, 907.10.1, 907.10.2 and 907.10.3- Added Section 907.1 is amended and Sections 907.10, 907.10.1, 907.10.2 and 907.10.3 are added to read as follows: 4.2.b Packet Pg. 141 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 6 of 41 907.1 General. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are applicable to existing buildings and structures. In the event of a conflict between this section and the provisions of Chapter 5.20 of the Dublin Municipal Code, the provisions of this section shall control. 907.10 False Alarms. 907.10.1 Excessive False Alarms. Malfunctions, or mechanical trip of any sprinkler alarm or other fire protection or detection system resulting in an alarm and emergency dispatch of the Fire Department shall be subject to a false alarm charge as established by this Code. Exception: During a thirty (30) day period following the installation of any new fire alarm system, the Fire Chief shall determine if the false alarms emanating from said new installation are excessive. 907.10.2 Charges. After the initial thirty (30) day period following the installation of a new system, two (2) false alarms within a consecutive ninety (90) day period shall be deemed excessive and will be charged as false alarms. 907.10.3 False Alarm charges are as follows: 1st false alarm - Warning Letter 2nd false alarm in any 90 day period- $100.00 3rd and subsequent false alarms in any 90 day period- $200.00 FINDING: These modifications are necessary to adopt the most current State standard and to clarify specific areas of the code. In addition, these modifications will make Chapter 5.08 consistent with Chapters 7.28, 7.32 and 7.34 of the Dublin Municipal code. 5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions-Amended Section 5003.2.4.2 is amended to read as follows: 5003.2.4.2 Above-ground tanks. Above-ground stationary tanks used for the storage of hazardous materials shall be located and protected in accordance with the requirements for outdoor storage of the particular material involved. Notwithstanding the foregoing, above-ground stationary tanks used for the storage of flammable or combustible liquids is prohibited in any area zoned for other than commercial, industrial, or agricultural use. Exception: Above-ground tanks that are installed in vaults complying with Section 5303.16 or 5704.2.8 shall not be required to comply with location and protection requirements for outdoor storage. 5703.2.4.2.1 Marking. Above-ground stationary tanks shall be marked as required by Section 5703.5. 4.2.b Packet Pg. 142 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 7 of 41 FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code. 5.08.170 Section 5601.1.1.3 Fireworks-Amended Section 5601.1.3 is amended to add a fifth exception as follows: 5. The sale, use and discharge of fireworks are allowed in accordance with Chapter 5.24 of the Dublin Municipal Code. FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code. In addition, these modifications will make Chapter 5.08 consistent with Chapters 7.28 and 7.32 of the Dublin Municipal code. 5.08.180 Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited- Amended. Section 5704.2.9.6.1 is amended to read as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for other than commercial, industrial, or agricultural use. FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code and permitted locations of above ground tanks. In addition, these modifications will make Chapter 5.08 consistent with Chapter 8 of the Dublin Municipal code. 5.08.190 Section 5706.2.4.4 Locations where above-ground tanks are prohibited – Amended. Section 5706.2.4.4 is amended to read as follows: 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for other than commercial, industrial, or agricultural use. FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code and permitted locations of above ground tanks. In addition, these modifications will make Chapter 5.08 consistent with Chapter 8 of the Dublin Municipal code. 5.08.200 Section 5806.2 Limitations-Amended. Section 5806.2 is amended to read as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law and in any area zoned for other than commercial, industrial, or agricultural use. FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code and permitted locations of above ground tanks. In addition, these modifications will make Chapter 5.08 consistent with Chapter 8 of the Dublin Municipal code. 4.2.b Packet Pg. 143 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 8 of 41 5.08.210 Section 6104.2 Maximum capacity within established limits- Amended. Section 6140.2 is amended to read as follows: 6104.2 Maximum Capacity Within Established Limits. The limits referred to in Section 6104.2.1 are the 2016 California Fire Code in which storage of compressed natural gas is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use. FINDING: This modification is necessary to adopt the most current State standard and to clarify specific areas of the code and permitted locations of above ground tanks. In addition, these modifications will make Chapter 5.08 consistent with Chapter 8 of the Dublin Municipal code. 2. California Building Code. 7.32.120 Section 501.2.1, 501.2.2, 501.2.3, 501.2.4, Chapter 5, Address illumination. Sections 501.2.1, 501.2.2, 501.2.3, 501.2.4 are added to read: 501.2.1 The address number(s) shall be illuminated during the hours of darkness. The light source shall be provided with an uninterruptible AC power source or controlled by a photoelectric device. 501.2.2 Exterior doors in commercial tenant space numbers shall be addressed as required in section 501.2. Exception, dual doors may have the addresses on one door or centered above the doors. In addition, all rear doors or service doors will have the name of the business in 4-inch high lettering. 501.2.3 No other number may be affixed to a structure that might be mistaken for, or confused with, the number assigned to the structure. 501.2.4 The assigned address, including the suite number, shall be displayed on all electric meters in accordance with utility company standards. FINDINGS The amendment is needed due to local geological and topographical conditions. These modifications are necessary due to the topographical nature of the City and the easy access to freeways described in Section A of these Findings. In light of said conditions, it is necessary to adopt these requirements to enhance crime prevention. Additionally, this will bring the code into conformance with the City of Dublin Police Department requirements. 7.32.130 Section 507.14, Chapter 5, Yard restriction-Added. A new Section 507.14 is added to read: 507.14 Yard Restriction. The increase in area permitted by Sections 506.3, 507.1 through 507.13 of this Section shall not be allowed unless or until the owner of the required yard shall file an agreement binding such owner, his heirs, and assignees, to set aside the 4.2.b Packet Pg. 144 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 9 of 41 required yard as unobstructed space having no improvements. Such agreement shall be recorded in the Alameda County Recorder's Office. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.32.140 Section 706.1, Chapter 7, Fire walls-Amended. Section 706.1 is amended by adding a new subsection 706.1.2 to read: 706.1.2 Fire walls shall not be considered to create separate buildings for the purpose of automatic fire-sprinkler system requirements as set forth in Chapter 9. Exception: Buildings separated by continuous Fire walls of four-hour fire-resistive construction without openings. Buildings required to have automatic fire-sprinkler protection as set forth in Section 13113 of the Health and Safety Code are prohibited from using fire walls in lieu of automatic fire-sprinkler protection. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification is necessary because the City of Dublin has a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.32.150 Section 701A.1, Chapter 7A, Scope-Amended. Section 701A.1 is amended to read: 701A.1 Scope. This Chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings located within a Wildland- Urban Interface Fire Area as defined in Section 702A or adjacent to open space or undeveloped land. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.32.160 Section 702A, Chapter 7A, Definitions-Amended Section 702A is amended by adding new definitions as follows: 4.2.b Packet Pg. 145 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 10 of 41 Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a point of contact with open space. Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which have a point of contact with Undeveloped Land. Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to remain permanently undeveloped. Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land which is available for development but no Tentative Map, Master Tentative Map or Development Agreement has been approved, and any land designated for government use for which no development plan has been approved. FINDING: The amendment is needed due to local climatic and topographical conditions. These modifications are necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.32.170 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1-Deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, 903.2.11.3, Amended; and Sections 903.2.2.1 and 903.2.20- Added. Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.10.1 are deleted, Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, and 903.2.11.3, are amended to read as follows, and Sections 903.2.1.1, and 903.2.20 are added to read as follows: 903.2.1.1 Group A-1 Occupancies. 2. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.2 Group A-2 Occupancies. 2. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.3 Group A-3 Occupancies. 2. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.4 Group A-4 Occupancies. 2. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.2.1 Group B Occupancies. 4.2.b Packet Pg. 146 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 11 of 41 An automatic fire-extinguishing system shall be installed in Group B occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.3 Group E Occupancies. 2. An automatic fire-extinguishing system shall be in Group E, occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.4 Group F Occupancies. An automatic fire sprinkler system shall be installed in all Group F occupancies where the floor area exceeds 2,500 square feet (232 m²). (Section 903.2.4.1 is deleted) 903.2.7 Group M Occupancies. 1. An automatic sprinkler system shall be installed in Group M occupancies where the floor area exceeds 2,500 square feet (232 m²). 903.2.9 Group S Occupancies. An automatic sprinkler system shall be installed in all Group S occupancies as follows: 3. Where the floor area exceeds 2,500 square feet (232 m²); 4. Buildings with repair garages servicing vehicles parked in basements. (Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1 are Deleted) 903.2.11.3 Buildings Three or More Stories in Height. An automatic sprinkler system shall be installed in all occupancies, regardless of type of construction, if the building is three or more stories or more than 35 feet in height measured from the pad grade level to the highest point of the building. An automatic sprinkler system shall be installed in all other occupancies as may be required by the 2016 California Building Code. 903.2.20 All Occupancies Automatic fire-extinguishing systems shall be installed in all occupancies located more than 1½ miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line. Buildings containing portions which are required to have an automatic fire extinguishing system because of the number of stories shall have the automatic fire extinguishing system installed throughout and fire walls as set forth in Section 706 shall not be considered as creating separate buildings for the purpose of this section. Whenever an addition is made to an existing building automatic fire-extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitations set forth in this section. Whenever the use of an existing building or 4.2.b Packet Pg. 147 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 12 of 41 portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in that portion of the building housing the new use. FINDING: The amendment is needed due to local climatic and topographical conditions. These modifications are necessary because the City of Dublin has a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.32.180 Section 1505.1, Chapter 15, Fire Classification-Amended. Section 1505.1 is amended to read: 1505.1 General. Roof Assemblies shall be divided into the classes defined below. Class A, B, and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with the following: 1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe Roof areas. Said map may be amended from time to time by including areas which are annexed to the City within one of the two roofing areas. Said amendments may be made by the Building Official after consultation, with the Chief of the Fire Department having jurisdiction. 2. Roofing Area 1. Any new roof and any alteration, repair or replacement for buildings housing R & U occupancies in Roofing Area 1 shall use roof covering material that conforms to Class B or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 3. Roofing Area 2. Any new roof for buildings using roof covering material that conforms to Class C or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 4. Other Occupancies. Any new roof covering and any alteration, repair or replacement of roof covering material for buildings housing all other occupancies shall conform to the requirements as set forth in Roofing Area 1. *Editor's Note: Figure 15-1 is on file in the office of the City Clerk. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 4.2.b Packet Pg. 148 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 13 of 41 7.32.190 Table 1607.1, Chapter 16, Uniform and concentrated live loads-Amended. Table 1607.1 is amended by adding a new Footnote O to read: O. Bridges for vehicular traffic shall be designed for H20 loading as designated by the American Association of State Highway Officials. FINDING: The amendment is needed due to local geological, climatic and topographical conditions. This modification was necessary because bridges were not addressed by the Building Code. Additionally due to the City’s terrain a number of bridges and overpasses may be required. 7.32.200 Section 1705.3, Exception 1, Chapter 17, Concrete Construction - Amended Section 1705.3, Exception 1 is amended to read: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa). FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.32.210 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended Section 1905.1.7, Delete ACI 318. Section 14.1.4 and replace with the following: 14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F. 14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows: 4.2.b Packet Pg. 149 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 14 of 41 (a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. Exception: In detached one and two-family dwellings, three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness. (b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. Exception: In detached one and two-family dwellings, three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross–sectional area of the footing. FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. This amendment addresses the problem of poor performance of plain or under reinforced concrete footings during a seismic event. This amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor performance of plain and under-reinforced concrete footings observed in the 1994 Northridge earthquake. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.32.220 Section 2304.12.2.5, Chapter 23, Supporting members for permeable floors and roofs-Amended. 4.2.b Packet Pg. 150 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 15 of 41 Section 2304.12.2.5, is amended to read: 2304.12.2.5 Supporting members for permeable floors and roofs. Wood structural members that support moisture-permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative- treated wood unless separated from such floors or roofs by an impervious moisture barrier. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture-permeable floor topping. FINDINGS: The amendment is needed due to local climatic conditions. This amendment addresses the problem of water infiltration in impervious moisture barriers. A key functional requirement of impervious moisture barrier systems installed under a permeable floor system exposed to water are elements that provide for drainage of any water making its way through the permeable floor system. Without a properly functioning method to transport this water out, the floor assemble can stay saturated for long periods of time possible contributing to premature failure. The City’s rainfall is concentrated in the months of Oct through April. 7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements-Amended. Table 2308.6.1 is amended by adding new footnotes “f” and “g” to read: f. Method GB does not apply in Seismic Design Category D and E. g. Method PCP in Seismic Design Category D and E is limited to single story U occupancies. FINDING: The amendment is needed due to local geological conditions. This section limits the use of gypsum board for lateral bracing in Seismic Design Category D and E. This amendment is necessary because the City of Dublin is located in Seismic Zone D and E. Gypsum wallboard has performed poorly during recent California seismic events. The shear values for gypsum wallboard contained in the code are based on mono-directional testing. It is appropriate to limit the use of this product until cyclic loading tests are performed and evaluated. This section limits the use of Portland cement plaster for lateral bracing to single story residential accessory buildings or structures. This limitation is necessary because the City of Dublin is located in Seismic Zone E and E. Exterior Portland cement plaster has performed poorly during recent California seismic events. The shear values for Portland cement stucco contained in the code are based on mono-directional testing. It is appropriate to limit the use of this product until cyclic loading tests are performed and evaluated. 7.32.240 Section 2308.6.9, Attachment of Sheathing-Amended. Section 2308.6.9, is amended by adding a second paragraph: 4.2.b Packet Pg. 151 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 16 of 41 All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inch (6096 mm) intervals along the top plate of discontinuous vertical framing. FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.32.250 Section 3115.1, Chapter 31, Prohibited Installations—Added. A new Section 3115.1 is added to read: 3115.1 Prohibited Installations. It shall be unlawful to install a wood burning fireplace or appliance that is not one of the following: 1) Pellet-fueled wood heater, 2) EPA certified wood heater, 3) Fireplace certified by EPA FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because fireplaces and wood stoves generate 40 percent of the particulate matter in the Bay Area during the winter months. Of greater concern are the fine particles, which can lodge deep in the lungs causing permanent lung damage and increasing mortality. Burning wood also generates carbon monoxide, nitrogen dioxide, volatile organic and toxic air pollutants. 7.32.260 Section 3203, Chapter 32, Signs-Added. A new Section 3203 is added to read: Section 3203 Signs. Signs when placed flat against the wall of a building shall not project beyond the front property line more than 12 inches (305mm). 4.2.b Packet Pg. 152 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 17 of 41 FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary due to the City of Dublin’s basic wind speed requirement relating to the high winds described in Section A of these Findings. 7.32.270 Section H101.2, Signs exempt from permits -Deleted. Section H101.2 is deleted. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary due to the City of Dublin’s basic wind speed requirement relating to the high winds described in Section A of these Findings. 7.32.280 Section 1010, Appendix Chapter 10, Building security – Added. Appendix Chapter 10 is added to read: Section 1010 building security shall be in accordance with the Uniform Building Security Code in addition to the following: * Editor's Note: See Chapter 7.34 Residential Code for single family or townhouse requirements. (A) Addressing. All buildings shall be addressed as follows: (1) Walkways serving more than 5 individual units where the front entrance is not parallel to the street and driveways servicing more than 5 individual dwelling units shall have minimum of 4 inch high identification numbers, noting the range of unit numbers placed at the entrance to each driveway at a height between 36 and 42 inches above grade. The address numbers shall be illuminated during the hours of darkness. The light source shall be provided with an uninterruptible AC power source or controlled only by a photoelectric device. (2) There shall be positioned at each street entrance of a multi- family complex having more than one structure, an illuminated diagrammatic representation (map) of the complex that shows the location of the viewer and the unit designations within the complex. It shall be lighted during the hours of darkness utilizing a light source, which is constructed of weather and vandal resistant materials and provided with an uninterruptible AC power source or controlled by a photoelectric device. Nothing in this section shall preclude the requirement for circuit protection devices where applicable. (3) If the building is adjacent to an alley, the number shall also be placed on or adjacent to the rear gate accessing the alley. Any building with vehicular access to the rear through a public or private alley shall display, in a clearly visible location, a highly reflective or illuminated address number a minimum of four (4) inches in height. (4) Where more than 1 building is accessed by a common street entrance or there are multiple buildings on the same lot, each principal building shall display the number or letter 4.2.b Packet Pg. 153 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 18 of 41 assigned to that building on each corner of the building, as determined by the Building Official. These numbers shall be made visible during the hours of darkness. The street name may also be required when there is a secondary street frontage. (5) Addressing shall not be obstructed by architectural structures such as trellises, arbors, balconies, light fixtures and or landscaping. (6) In Commercial Day Care or Education facilities, all interior and exterior doors shall be provided with a room number on the door. A map of the facilities detailing location of all rooms and their uses shall be kept on file at the facilities on-site office. (B) Exterior Openings. Exterior opening shall be as follows: (1) Swinging exterior wood and steel doors shall be equipped as follows: (a) A single or double door shall be equipped with a double or single cylinder deadbolt. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths (3/4) inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth (1/4) inch in diameter. The provisions of the this paragraph do not apply where: (a) panic hardware is required, (b) conflicts with emergency egress requirements of the building and fire codes or (C) an equivalent device is approved by the authority having jurisdiction. (b) Doorstop on a wooden jamb for an in-swing door shall be of one-piece construction with the jamb joined by a rabbit. (c) For the purpose of this section, doors leading from garage areas into a dwelling are exterior doors. (2) Double doors shall be equipped as follows: (a) The inactive leaf of double door(s) shall be equipped with metal flush bolts have a minimum embedment of five-eighths (5/8) inch into the head and threshold of the doorframe. (b) Double doors shall have an astragal constructed of steel a minimum of .125 inch thick, which will cover the opening between the doors. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non-removable bolts spaced apart on not more than ten (10) inch centers. (The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority.) (3) Aluminum frame swinging doors shall be equipped as follows: (a) The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1,600 pounds of pressure in both a vertical distance of three (3) inches and 4.2.b Packet Pg. 154 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 19 of 41 a horizontal distance of one (1) inch each side of the strike, to prevent violation of the strike. (b) A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one (1) inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five pin tumblers and a cylinder guard. (4) Panic hardware, whenever required by the California Building Code or Title 19, California Administration Code, shall be installed as follows; (a) Panic hardware shall contain a minimum of two (2) locking points on each door; or (b) On single doors, panic hardware may have one locking point, which is not to be located at either the top or bottom frame. The door shall have an astragal constructed of steel .125 inch thick, which shall be attached with non-removable pins to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. (c) Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point, which will close the opening between them, but not interfere with the operation of either door. (The astragal shall not interfere with the safe operation of emergency egress). (5) Horizontal or Sliding Doors shall be installed as follows: (a) In commercial occupancies, horizontal sliding doors shall be equipped with a metal guide track at top and bottom and a cylinder lock and/or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum five pin tumbler operation with non-removable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position. (b) In residential occupancies, locks shall be provided on all sliding patio doors. The lock bolt on all glass patio doors shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearance provided for installation and operation. The strike area shall be of material adequate to maintain effectiveness of bolt strength. (c) Sliding patio glass doors opening onto patios or balconies which are less than one story above grade or are otherwise accessible from the outside shall have the moveable section of the door sliding on the inside of the fixed portion of the door or possess an approved secondary lock mounted on interior of moveable section. (6) In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. (7) In commercial occupancies, windows shall be deemed accessible if less than twelve (12) feet above the ground. Accessible windows having a pane exceeding ninety-six (96) square inches in an area with the smallest dimension exceeding six (6) inches and not visible from a 4.2.b Packet Pg. 155 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 20 of 41 public or private thoroughfare shall be protected with burglary resistant glazing or other approved methods as determined by the Building Official. (8) Side or rear windows of the type that can be opened shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with a hardened steel shackle, a minimum four pin tumbler operation. (9) Protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be operable by the California Building Code. (10) All exterior transoms exceeding ninety-six (96) square inches on the side and rear of any building or premises used for business purposes shall be protected with burglary resistant glazing or other approved methods as determined by the Building Official. (11) Roof openings shall be equipped as follows: (a) All skylights on the roof of any building or premises used by business purposes shall be provided with: (1) Rated burglary resistant glazing; or (2) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x ¼) inch flat steel material under the skylight and securely fastened; or (3) Steel grills of at least one-eighth (1/8) inch material with a maximum two (2) inches mesh under the skylight and securely fastened. (4) A monitored intrusion alarm system. The system shall be kept operable at all times. The Chief of Police may require periodic testing of the alarm system to verify proper operation. (b) All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: (1) If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) U.S. gauge sheet metal, or its equivalent, attached with screws. (2) The hatchway shall be secured from the inside with a slide bar or slide bolts. (Fire Department approval may be desired.) (3) Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges. (c) All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: (1) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x ¼) inch flat steel material spaced no more than five (5) inches apart and securely fastened; or 4.2.b Packet Pg. 156 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 21 of 41 (2) Iron or steel grills of at least one-eighth (1/8) inch material with a maximum two (2) inch mesh and securely fastened. (3) If the barrier is on the outside, it shall be secured with bolts which are non- removable from the exterior. (4) The above must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the California Building Code or Title 19, California Administrative Code. (12) Exterior roof ladders shall not be permitted. (13) Exterior electrical or phone panels are not permitted in commercial occupancies. (14) Separation walls for individual commercial tenant spaces housed within a common structure shall be solid and continuous from the structure's foundation to roof or floor / ceiling assembly. (15) Intrusion Devices. (a) If the enforcing authority determines that the security measures and locking devices described in this Chapter do not adequately secure the building, due to special conditions, he/she may require the installation and maintenance of an intrusion device (burglar alarm system). (C) Landscaping. (1) Shrubs and ground cover shall not directly cover windows and doorways. (2) River rock used near parking lots or buildings shall be permanently affixed. (3) Open space and buildings shall be arranged to afford visibility and opportunity for surveillance by on-site users and passers-by. (4) Barriers, both real and symbolic, shall be designed to afford opportunities for surveillance through the barrier. (5) For residential development, backyard gates shall be the full height of the wall or fence adjacent and capable of being locked. (6) For residential development, walls or fences, if installed, shall be a minimum of 6 feet in height when adjacent to any of the following: Reverse frontage Retention/detention areas Parks Commercial areas Industrial areas Bike paths 4.2.b Packet Pg. 157 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 22 of 41 (D) Lighting. Lighting of buildings or complexes shall at a minimum be illuminated as follows: (1) A site plan shall be provided showing buildings, parking areas, walkways, detailed landscaping and a point by point photometric calculation of the required light levels. (2) All exterior entrances shall be illuminated with a uniformly maintained minimum level of one foot candle of light between ground level and 6 vertical feet within a minimum radius of 15 feet from the center of the entrance between sunset and sunrise. (3) Postal Service “gang boxes” (group postal boxes) shall be illuminated with a uniformly maintained minimum level of one foot candle of light. (4) Lighting of all exterior areas shall be designed to maximize surveillance and reduce conflicts with building design, mature landscaping, and to minimize glare. (5) Open stairways shall be illuminated with a minimum maintained five-tenths (0.5) foot- candle of light in all landings and stair treads between sunset and sunrise. Enclosed stairways and enclosed common corridors shall be illuminated at all times with a minimum maintained one-foot candle of light on all landings and stair treads. (6) Private streets, alleys, and emergency access roads shall be illuminated using the same standards as established for public thoroughfares. (7) Aisles, passageways, pedestrian walkways and recessed areas related to and within a building, a building complex, or providing access to a building or building complex from a parking lot or right of way shall be illuminated with a minimum uniformly maintained minimum level of one foot candle of light between ground level and six vertical feet between sunset and sunrise or other methods approved by the Building Official. (8) Open parking lot and/or carport and refuse areas shall be provided with and maintained to a minimum of one foot-candle of light on the parking surface. The Building Official may approve a lower light level, if it can be demonstrated that the lower level provides for sufficient security lighting. (9) Covered parking lots or covered portions of parking lots shall be illuminated with a uniformly maintained minimum level of one-foot candle of light between ground level and 6 vertical feet between sunset and sunrise. Lighting shall be designed so that architectural or structural features do not obstruct the minimum light coverage. (10) Parking structures or enclosed or partially enclosed parking lots shall be illuminated with a uniformly maintained minimum level of two foot candles of light between ground level and 6 vertical feet between sunrise and sunset (daylight hours). (11) Lighting fixtures shall be so arranged as to illuminate light uniformly over the parking surface and be tamper resistant. (12) Public rest rooms, rooms identified for the general public and children’s recreation areas shall be provided with emergency lighting meeting section 1006 of this Code. 4.2.b Packet Pg. 158 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 23 of 41 All light sources required by this section shall be: (a) controlled by a photocell device or a time clock that will turn the lights on at dusk and off at dawn and (b) protected by weather and vandal resistant covers. (E) Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the following standards; (1) Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with the locking hardware being attached to the support framing. (2) Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of 18 inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within 3 inches of the strike area of the pilot or pedestrian access door. (3) Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential structures shall have a density not less than 5 ounces per square foot. (4) Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the door; or, of the door does not exceed 19 feet, a single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. (5) Doors with slide bolt assemblies shall have frames a minimum of .120 inches of thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one half (1 ½) inches into the receiving guide. A bolt diameter of three-eighths (3/8) inch may be used in a residential building. The slide bolt shall be attached to the door with non-removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. (6) Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle locking at both heel and toe and a minimum five pin tumbler operation with non-removable key when in an unlocked position. Padlocks used with interior mounted slide bolts shall have a hardened steel shackle with a minimum 4-pin tumbler operation. (F) Emergency Access (1) Private roads and parking areas or structures controlled by unmanned mechanical parking type gates shall provide for emergency access as follows: Radio frequency access or by providing the gate access code for distribution to emergency responders. When an access code is to be utilized, an illuminated control box is to be mounted on a control pedestal consisting of a metal post/pipe, which shall be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver’s side of the road or driveway and accessible in such a manner as to not require a person to exit their vehicle to reach it, nor to drive on the wrong side of the road or driveway, nor to require any back-up movements in order to enter/exit the gate. (2) Non-residential multi-tenant buildings utilizing electronic access control systems on the main entry doors, and enclosed retail shopping centers shall be provided with a means to allow for police emergency access. 4.2.b Packet Pg. 159 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 24 of 41 (3) Pedestrian gates/doors using an electromagnetic type lock shall install a key switch within a telephone/intercom console or in a control housing, or other method approved by the Building Official that will provide for police emergency access. Options include radio frequency access or providing the gate access code for distribution to emergency responders. (4) All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling units, and gates or doors to common walkways or hallways of residential complexes where there are 4 or more dwelling units within the complex, shall provide for police emergency access utilizing an approved key switch device or approved Knox box. The Knox box shall be installed adjacent to each gate/door, securely attaching it to a fence or wall or location approved by the Building Official. (5) Pedestrian gate doors utilizing mechanical locks shall install a Knox box adjacent to each gate/door, securely attaching it to a fence or wall (G) Keying requirements Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same site development review, shall have locks using combinations that are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. (H) Laundry rooms or areas: Common area laundry rooms in multi-family complexes shall be designed and protected as follows: (1) Entry doors shall have: (a) A minimum six hundred (600) square inch clear vision panel in the upper half of the door, consisting of ¼” tempered glass; (b) Automatic, hydraulic door closures; (c) Self-locking door locks equipped with a deadlocking latch allowing exiting by a single motion and openable from the inside without the use of a key or any special knowledge or effort; (d) Non-removable hinge pins for out-swinging doors to preclude removal of the door from the exterior by removing the hinge pins; and (e) A latch protector consisting of minimum 0.125-inch-thick steel attached to the door’s exterior by non-removable bolts from the exterior. It shall be two (2) inches wide and extend a minimum of five inches above and below the strike opening and extend a minimum of one (1) inch beyond the edge of the door. It shall have a metal anti-spread pin a minimum of one-half (1/2) inch in length. (2) The laundry room shall be illuminated at all times with a minimum maintained one-foot candle of light at floor level, using a non-interruptible power source. There shall be no light switches inside the room that control light fixtures used to meet this lighting requirement. 4.2.b Packet Pg. 160 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 25 of 41 (3) Any portion of an openable window which is within eight (8) feet vertically or six (6) feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar surface, or any climbable pole or tree, or any surface providing a foothold, shall be secured as required by section 1018 of the Uniform Building Security Code. (4) The interior of laundry rooms shall be visible from the exterior along common walking or driving surfaces. Perimeter windows and interior mirrors may be utilized to meet this requirement. Laundry rooms are to be located in high activity areas with natural surveillance opportunities and not in remote or isolated locations. (I) Elevators Elevators shall be designed as follows: Elevator cabs, the interiors of which are not completely visible when the door is open from a point centered on the 36 inches away from the door shall have shatter resistant mirrors or other equally reflective material so placed as to make visible the entire elevator cab from this point. The elevator cab shall be illuminated at all times with a minimum maintained 2 foot candles of light at floor level. (J) Stairways Except for private stairways, Stairways shall be designed as follows: (1) Interior doors shall have glazing panels a minimum of 5 inches wide and 20 inches in height and meet requirements of the California Building Code. (2) Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted. (3) Enclosed stairways shall have shatter resistant mirrors or other equally reflective material at each level and landing and be designed or placed in such manner as to provide visibility around corners. (K) Parking structures. (1) Parking structures shall be designed to restrict unauthorized access. (2) Outside stairwells shall be open and not obstructed from view (3) Security telephones with monitoring capability shall be located on every level adjacent to pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 200 feet but less than 300 feet apart, additional security telephones shall be located at the midpoint between pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 300 feet apart, security telephones will be located at 100 foot intervals. Security telephones shall be visible from all vehicular and pedestrian ingress/egress points and identified with appropriate signage. (4) Blind corners shall be provided with shatterproof convex mirrors to improve visibility for both operators of vehicles and pedestrians. (5) Doors shall be labeled with signage meeting the requirements of section 501.2 4.2.b Packet Pg. 161 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 26 of 41 (6) Parking structures shall have the ceiling area of each floor or tier painted and maintained white or other reflective color approved by the Building Official. (L) Other requirements (1) Storage Areas. Exterior storage area attached to a dwelling, apartment or condominium and enclosed by a door shall comply with this section or have a minimum 3/8” diameter hardened padlock hasp. (2) Side Gates. Side gates shall be the full height of the adjacent fence or wall and be capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch and protrude at least one and one-half (1 ½) inches into the receiving guide. The slide bolt shall be attached to the gate with non-removable bolts. Rivets shall not be used to attach slide bolt assemblies. The slide bolt shall be mounted at a height that is not accessible by reaching over the gate. FINDINGS The amendment is needed due to local geological and topographical conditions. These modifications are necessary due to the topographical nature of the City and the easy access to freeways described in Section A of these Findings. In light of said conditions, it is necessary to adopt these requirements to enhance crime prevention. Additionally, this will bring the code into conformance with the City of Dublin Police Department requirements. 3. California Residential Code. 7.34.110 Table R301.2(1), Chapter R3 – Amended Table R301.2(1) is amended to read: FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. The San Francisco Bay Area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both 4.2.b Packet Pg. 162 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 27 of 41 strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.34.120 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler Systems – Amended. Section R313.1 Exception is amended to read: Exception: An automatic residential fire sprinkler system shall not be required for additions or alteration to existing buildings that are not already provided with an automatic residential sprinkler system, provided that the total square footage of the existing building plus the addition does not exceed 3,600 square feet (334m²). Additions or alteration that remove 50 percent or more of the existing exterior walls of a dwelling shall be considered a new dwelling for the purposes of Section R313.1. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.34.130 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler Systems – Amended. Section R313.2 Exception is amended to read: Exception: Automatic residential fire sprinkler systems shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system, provided that the total square footage of the existing building plus the addition does not exceed 3,600 square feet (334m²). Additions or alteration that remove 50 percent or more of the existing exterior walls of a dwelling shall be considered a new dwelling for the purposes of Section R313.2. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.34.140 Section R313.3, Chapter R3, including tables-deleted. Section R313.3, including tables is deleted. 4.2.b Packet Pg. 163 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 28 of 41 FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.34.150 Section R319.2, Chapter R3, Site Address - Added. Section R319.2, is added to read: R319.2 Address Location. Address shall be installed in the following locations: 1. Driveways servicing more than 5 individual dwelling units shall have minimum of 4 inch high identification numbers, noting the range of unit numbers, placed at the entrance to each driveway at a height between 36 and 42 inches above grade. The address numbers shall be illuminated during the hours of darkness. The light source shall be provided with an uninterruptible AC power source or controlled only by a photoelectric device. 2. No other number may be affixed to a structure that might be mistaken for, or confused with, the number assigned to the structure. 3. If the building is adjacent to an alley, the number shall also be placed on or adjacent to the rear gate accessing the alley. 4. For multifamily buildings with a recessed entryway over 2 feet, an additional lighted address shall be placed at the entryway to the recessed area. If the recessed area provides access to more than one dwelling unit, the range of units shall be displayed. 5. Each principal building of a multifamily complex shall display the number or letter assigned to that building on each corner of the building at a height that will prevent the number from being obscured by landscaping. 6. Any building with vehicular access to the rear through a public or private alley shall display, in a clearly visible location, a highly reflective or illuminated address number a minimum of four (4) inches in height. 7. Address numbers shall not be obstructed by architectural structures such as trellises, arbors, balconies, light fixtures, and/or landscaping. FINDINGS The amendment is needed due to local geological and topographical conditions. These modifications are necessary due to the topographical nature of the City and the easy access to freeways described in Section A of these Findings. In light of said conditions, it is necessary to adopt these requirements to enhance crime prevention. Additionally, this will bring the code into conformance with the City of Dublin Police Department requirements. 4.2.b Packet Pg. 164 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 29 of 41 7.34.160 Section R337.1.1 Chapter R3, Scope – Amended. Section R337.1.1 is amended to read: R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings located within a Wildland- Urban Interface Fire Area as defined in Section R302.2A or adjacent to open space or undeveloped land. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.34.170 Section R337.2 Chapter R3, Definitions – Amended. Section 377.2 is amended to add the following definitions: Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a point of contact with open space. Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which have a point of contact with Undeveloped Land. Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to remain permanently undeveloped. Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land which is available for development but no Tentative Map, Master Tentative Map or Development Agreement has been approved, and any land designated for government use. FINDING: The amendment is needed due to local climatic and topographical conditions. These modifications are necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.34.180 Section R350, Chapter R3, Building Security - Added Section R350 is added to read: R350.1 Residential building security shall be in accordance with the Uniform Building Security Code in addition to the following: R350.2 Exterior doors: Each exterior door shall be secured as follows: 4.2.b Packet Pg. 165 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 30 of 41 1. Exterior doors (excluding glass patio doors) and doors leading from garage areas into dwellings shall be equipped with a dead bolt lock with one-inch (1") throw. 2. Pairs of doors shall have flush bolts with a minimum throw of five-eighths inch (5/8") at the head and foot (floor and ceiling) of the inactive leaf. 3. Doorstop on a wooden jamb for an in-swing door shall be of one-piece construction with the jamb joined by a rabbit. 4. Locks shall be provided on all sliding patio doors. 5. Sliding patio glass doors opening onto patios or balconies which are less than one story above grade or are otherwise accessible from the outside shall have the moveable section of the door sliding on the inside of the fixed portion of the door or possess an approved secondary lock mounted on interior of moveable section. 6. The lock bolt on all glass patio doors shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearance provided for installation and operation. The strike area shall be of material adequate to maintain effectiveness of bolt strength. R350.3 Landscaping. 1. Shrubs and ground cover shall not directly cover windows and doorways. 2. River rock used near parking lots or buildings shall be permanently affixed. 3. Backyard gates shall be the full height of the wall or fence adjacent and capable of being locked. 4. Open space and buildings shall be arranged to afford visibility and opportunity for surveillance by on-site users and passers-by. 5. Barriers, both real and symbolic, shall be designed to afford opportunities for surveillance through the barrier. 6. For residential development, walls or fences, if installed, shall be a minimum of 6 feet in height when adjacent to any of the following:  Reverse frontage,  Retention/detention areas,  Parks, Commercial areas,  Industrial areas, or  Bike paths. R350.4 Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the following standards; 1. Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with the locking hardware being attached to the support framing. 4.2.b Packet Pg. 166 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 31 of 41 2. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of 18 inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within 3 inches of the strike area of the pilot or pedestrian access door. 3. Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential structures shall have a density not less than 5 ounces per square foot. 4. Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the door; or if the door does not exceed 19 feet, a single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. 5. Doors with slide bolt assemblies shall have frames a minimum of .120 inches of thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one half (1 ½) inches into the receiving guide. A bolt diameter of three-eighths (3/8) inch may be used in a residential building. The slide bolt shall be attached to the door with non-removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. R350.5 Emergency Access. Private roads and parking areas or structures controlled by unmanned mechanical parking type gates shall provide for police emergency access as follows: 1. Radio frequency access or by providing the gate access code for distribution to emergency responders. When an access code is to be utilized, an illuminated control box shall be mounted on a control pedestal consisting of a metal post/pipe which shall be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver’s side of the road or driveway and accessible in such a manner as to not require a person to exit their vehicle to reach it, nor to drive on the wrong side of the road or driveway, nor to require any back-up movements in order to enter/exit the gate. 2. All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling units, and gates or doors to common walkways or hallways of residential complexes where there are 4 or more dwelling units within the complex, shall provide for police emergency access utilizing an approved key switch device or approved Knox box. 3. Pedestrian gates/doors using an electromagnetic type lock shall install a key switch within a telephone/intercom console or within a control housing, or other method approved by the Building Official that will provide for police emergency access. See 350.5.1 for options. 4. Pedestrian gates/doors (including pedestrian gates/doors in pool enclosures and recreational facilities) utilizing mechanical locks shall install a Knox box adjacent to each gate/door, securely attaching it to a fence or wall. R350.6 Keying requirements. Upon occupancy by the owner or proprietor, each single unit in a tract constructed under the same Site Development Review, shall have locks using 4.2.b Packet Pg. 167 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 32 of 41 combinations that are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. R350.7 Other requirements 1. Storage Areas. Any exterior storage area attached to a dwelling enclosed by a door shall comply with this section or have a minimum 3/8” diameter hardened padlock hasp. 2. Side Gates. Side gates shall be the full height of the adjacent fence or wall and b e capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch and protrude at least one and one-half (1 ½) inches into the receiving guide. The slide bolt shall be attached to the gate with non-removable bolts. The slide bolt shall be mounted at a height that is not accessible by reaching over the gate. FINDINGS The amendment is needed due to local geological and topographical conditions. This modification is necessary due to the topographical nature of the City and the easy access to freeways described in Section A of these Findings. In light of said conditions, it is necessary to adopt these requirements to enhance crime prevention. Additionally, this will bring the code into conformance with the City of Dublin Police Department requirements. 7.34.190 Section R403.1.3, Chapter R4, Seismic reinforcing – Amended. Section R403.1.3 is amended to read: R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars, one top and one bottom and not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall. A minimum of one No. 4 horizontal bar shall be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar shall be located 3 inches from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook. A minimum of one No. 4 horizontal bar shall be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar shall be located 3 inches from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. 4.2.b Packet Pg. 168 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 33 of 41 Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. The San Francisco Bay Area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.34.200 Table R602.10.3(3), Chapter R6, Bracing Requirements - Amended Table R602.10.3(3) is amended by adding a new footnote “f” to read: f. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single-family dwellings and accessory structures. Add the “f” footnote notation in the title of Table R602.10.3(3) to read: TABLE R602.10.3(3)f FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. This section deletes the use of gypsum board for lateral bracing. This deletion is necessary because the City of Dublin is located in Seismic Zone D and E. Gypsum wallboard has performed poorly during recent California seismic events. The shear values for gypsum wallboard contained in the code are based on mono-directional testing. In addition, this section limits the use of portland cement plaster for lateral bracing to single story residential buildings. This limitation is necessary because the City of Dublin is located in Seismic Zone D and E. Exterior portland cement plaster has performed poorly during recent California seismic events. The shear values for portland cement stucco contained in the code are based on mono- directional testing. It is appropriate to limit the use of this product until cyclic loading tests are performed and evaluated. 4.2.b Packet Pg. 169 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 34 of 41 The San Francisco Bay Area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.34.210 Section R602.10.4.4, Chapter R6, Limits on methods GB and PCP – Added. A new Section R602.10.4.4 is added to read: R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single-family dwellings and accessory structures. FINDINGS: The amendment is needed due to local geological, climatic and topographical conditions. This section deletes the use of gypsum board for lateral bracing. This deletion is necessary because the City of Dublin is located in Seismic Zone D and E. Gypsum wallboard has performed poorly during recent California seismic events. The shear values for gypsum wallboard contained in the code are based on mono-directional testing. In addition, this section limits the use of portland cement plaster for lateral bracing to single story residential buildings. This limitation is necessary because the City of Dublin is located in Seismic Zone D and E. Exterior portland cement plaster has performed poorly during recent California seismic events. The shear values for portland cement stucco contained in the code are based on mono- directional testing. It is appropriate to limit the use of this product until cyclic loading tests are performed and evaluated. The San Francisco Bay Area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. The City of Dublin is a densely populated area having buildings constructed near potentially active faults. The Association of Bay Area Governments (ABAG) 4.2.b Packet Pg. 170 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 35 of 41 roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years, while the USGS predict the probability of a powerful quake in the next 30 years at 62%. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. 7.34.220 Section R902, Chapter 9, Roof Classification-Amended. Section R902.1 is amended to read: R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B or C roofing shall be installed in areas as designated below. Classes A, B and C roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. 1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe Roof areas. Said map may be amended from time to time by including areas which are annexed to the City within one of the two roofing areas. Said amendments may be made by the Building Official after consultation, with the Chief of the Fire Department or their designee having jurisdiction. 2. Roofing Area 1. Any new roof and any alteration, repair or replacement for buildings housing R & U-1 occupancies in Roofing Area 1 shall use roof covering material that conforms to Class B or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 3. Roofing Area 2. Any new roof for buildings using roof covering material that conforms to Class C or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. *Editor's Note: Figure 15-1 is on file in the office of the City Clerk. FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, The area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 7.34.230 Section R1001.1.2 Chapter 10, Prohibited Installations—Added. A new Section R1001.1.2 is added to read: R1001.1.2 Prohibited Installations. It shall be unlawful to install a new wood burning fireplace or appliance that is not one of the following: 1. Pellet-fueled wood heater, 2. EPA certified wood heater, 3. Fireplace certified by EPA 4.2.b Packet Pg. 171 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 36 of 41 FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because fireplaces and wood stoves generate 40 percent of the particulate matter in the Bay Area during the winter months. Of greater concern are the fine particles, which can lodge deep in the lungs causing permanent lung damage and increasing mortality. Burning wood also generates carbon monoxide, nitrogen dioxide, volatile organic and toxic air pollutants. 4. California Electrical Code. Section 7.36.070 DMC Section 210-53, Office receptacle outlets-Added. Section 210-53 is added to read: 210-53 Office Receptacle Outlets. In office buildings or offices exceeding ten (10) percent of the floor area of the major use, receptacle outlets shall be installed in all permanent walls or partitions so that no point along the floor line any wall space is more than six (6) feet (1.83m) measured horizontally, from an outlet in that space including any wall space two (2) feet (610 mm) or more in width and the wall space occupied by sliding panels in exterior walls. As used in the section a "wall space" shall be considered a wall unbroken along the floor line by doorways, fireplaces, and similar openings. Each wall space two (2) or more feet (610 mm) wide shall be treated individually and separately from other wall spaces within the room. A wall space shall be permitted to include two or more walls of a room (around corners) where unbroken at the floor line. Receptacle outlets shall, insofar as practicable be spaced equal distances apart. Receptacle outlets in floors shall not be counted as part of the required number of receptacle outlets unless located near the wall. The receptacle outlets required by the section shall be in addition to any receptacle that is part of any lighting fixture or appliance, located within cabinets or cupboards, or located over five and one-half (5 ½) feet (1.68 m) above the floor. FINDINGS: The amendment is needed due to local geological conditions. This section requires additional receptacles. The City of Dublin is located in a highly active Seismic Zone D and E. In Office Buildings without these requirements extension codes are being used. Extension cords are not afforded the same protection from damage as wiring raceways. Damage to extension cords could occur in a seismic event, which increases the potential for a fire. 5. California Plumbing Code. Section 7.40.080 DMC Section 609.3, Chapter 6 UPC, Water piping in slab floors— Amended. Section 609.3, first paragraph, is amended by replacing it to read: 4.2.b Packet Pg. 172 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 37 of 41 Section 609.3 Water piping shall not be installed in or under a concrete floor slab within a building without prior approval of the Building Official. When approved, such piping shall be installed in accordance with the following requirements: FINDINGS The amendment is needed due to local geological conditions. This section eliminates water piping in or under concrete floor slabs within a building. This amendment is necessary for the following reasons: (1) Most of the surface soils in the City of Dublin are relatively young and unconsolidated sedimentary materials formed from a wide variety of parent materials. The varying chemical composition, degree of weathering and the relatively acid environment have created soils of varying types, which are particularly corrosive in nature. (2) Much of the surface soil in the City of Dublin is highly expansive (i.e., shrink- swell behavior) and have low bearing strength. (3) There are two types of expansive soils in the area: a. the organic silty clays which are the recent bay muds; and b. the plastic silty clays which weather from the shale found in the hills surrounding the City of Dublin (4) The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive characteristics of soil. (5) Some parts of the City of Dublin have hard water, which is corrosive to ferrous pipe. (6) The groundwater table is unusually high in many places. (7) The City of Dublin is a highly active seismic area. 7.40.090 Section 612.1, Chapter 6, Where Required-Amended; Sections 612.2 through 612.7.2 and Tables 612.3.6 through 612.5.3.2(9) – Deleted, Section 612.1, is amended to read as follows: 612.1 Where Required. Where residential sprinklers systems are required in buildings, these systems shall be installed per Chapter 9 of the California Building Code, Title 24 Part 2. (Sections 612.2 through 612.7.2 and Tables 612.3 through 612.5.3.2(9) are Deleted.) FINDING: The amendment is needed due to local climatic and topographical conditions. This modification was necessary because the City of Dublin has a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Because of dryness, a rapidly burning grass fire or 4.2.b Packet Pg. 173 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 38 of 41 exterior building fire can quickly transfer to other buildings. These modifications are consistent with the Fire Authority having jurisdiction. 6. California Mechanical Code No modifications necessitating specific findings are adopted. 7. California Green Building Code 7.94.040 Scope. A. Except as otherwise provided herein, The provisions of this code shall apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, within the City. B. It is not the intent that this code substitute or be identified as meeting the certification requirements of any green building program. C. Sections 7.94.080 through 7.94 120, shall apply only to new residential development projects in excess of twenty (20) residential units. FINDINGS The amendment is needed due to local climatic, topographical and environmental conditions. Green building design, construction and operation can have a significant positive effect on energy resource efficiency, waste and pollution generation, and the health and productivity of building occupants over the life of the building. This modification was necessary because the City of Dublin has a dry, hot period of at least five months each year. As a result of the high temperatures, average load demand and peak load demand of energy used in Dublin are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”). Additionally, the area is subject to occasional drought. Reduction of total and peak energy use and water use as a result of incremental conservation measures required by this ordinance will have local benefits in the additional available system energy and water capacity. 7.94.050 Chapter 2, Definitions-Amended. Chapter 2 is amended by adding the following definitions: Build It GreenTM. Shall mean the non-profit organization that publishes the New Home Construction Green Building Guidelines, as amended from time to time, the new Home GreenPoints Checklist, the Multi-Family GreenPoints Checklist, and any successor entity that assume responsibility for the programs and operations of Build it GreenTM. Covered Project. Shall mean a project that must, pursuant to Section 7.94.040.C, comply with the provisions of Sections 7.94.080 through 7.94.120 of this Chapter. Green Building Documentation. Shall mean the documentation submitted to the Building Official as part of the Site Development Review process. The Green Building Documentation includes, but is not limited to, a copy of the applicable Green Building 4.2.b Packet Pg. 174 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 39 of 41 Program Checklist and any other documentation determined necessary by the Building Official. Green Building Program. Shall mean either the GreenPoint rating system or the LEEDtm for Homes Green Building Rating System, whichever system is selected by the Applicant. Green Building Program Checklist. Shall mean either the GreenPoint Checklist or the LEEDtm for Homes Project Checklist, whichever is selected by the Applicant. Green Building Program Rating. Shall refer to the number of points achieved under either the GreenPoint Checklist or the LEEDtm for Homes Project Checklist. GreenPoint Checklist. Shall mean the version of the applicable GreenPoint Rated checklist approved by Build It Green and designed for the purpose of calculating a green building rating, in effect at the time of project application for a design review or a City building permit. GreenPoints. Shall mean credits assigned under the applicable GreenPoint Rated Checklist for a covered project. LEEDtm for Homes Green Building Rating System. Shall mean the most recent version of the Leadership in Energy and Environmental Design Home Green Building Rating System, or other related LEEDtm rating system, approved by the U.S. Green Building Council. As new rating systems are developed by the U.S. Green Building Council , the Building Official shall have the authority to specify the applicable LEEDtm residential green building rating system for a covered project. LEEDtm for Homes Project Checklist. Shall mean the version of the applicable LEEDtm for Homes Project Checklist approved by the U.S. Green Building Council and designed for the purpose of calculating a green building rating, in effect at the time of project application for a design review or a City building permit. Residential Development. Shall include, without limitation, detached single-family dwellings, multiple-family dwelling structures, groups of dwellings, condominium or townhouse developments, cooperative developments, and mixed -use developments that include housing units. FINDINGS The amendment is needed due to local climatic, topographical and environmental conditions. Green building design, construction and operation can have a significant positive effect on energy resource efficiency, waste and pollution generation, and the health and productivity of building occupants over the life of the building. The City of Dublin has a dry, hot period of at least five months each year. As a result of the high temperatures, average load demand and peak load demand of energy used in Dublin are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”). Additionally, the area is subject to occasional drought. Reduction of total and peak energy use and water use as a result of incremental conservation measures required by this ordinance will have local benefits in the additional available system energy and water capacity. 4.2.b Packet Pg. 175 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 40 of 41 7.94.060 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems- Added. A new Section 4.107.1 is added to read: 4.107.1 Future Access for Solar Systems. A minimum one-inch (25.4 mm) electrical conduit shall be provided from the electrical service equipment to an accessible location within the solar zone as defined by the California Energy Code, Title 24 Part 6 Section 110.10 or other location approved by the Building Official. FINDINGS The amendment is needed due to local climatic, topographical and environmental conditions. Green building design, construction and operation can have a significant positive effect on energy resource efficiency, waste and pollution generation, and the health and productivity of building occupants over the life of the building. The City of Dublin has a dry, hot period of at least five months each year. As a result of the high temperatures, average load demand and peak load demand of energy used in Dublin are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”). Reduction of total and peak energy use as a result of incremental conservation measures required by this ordinance will have local benefits in the additional available system energy capacity. 7.94.070 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems- Added. A new Section 5.107.1 is added to read: 5.107.1 Future Access for Solar Systems. Install conduit from the solar zone as defined by the California Energy Code, Title 24 Part 6 Section 110.10 to a location within the building identified as suitable for future installation of a charge controller (regulator) and inverter. FINDINGS The amendment is needed due to local climatic, topographical and environmental conditions. Green building design, construction and operation can have a significant positive effect on energy resource efficiency, waste and pollution generation, and the health and productivity of building occupants over the life of the building. The City of Dublin has a dry, hot period of at least five months each year. As a result of the high temperatures, average load demand and peak load demand of energy used in Dublin are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”). Reduction of total and peak energy use as a result of incremental conservation measures required by this ordinance will have local benefits in the additional available system energy capacity. 7.94.080 Standards for Compliance. A. Covered projects shall achieve a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for single-family housing. All multi-family residential projects shall achieve a “green home” or similarly entitled minimum compliance 4.2.b Packet Pg. 176 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 41 of 41 rating system, which currently requires fifty (50) GreenPoints, or a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for multi- family housing, unless the Building Official determines that the single-family green building rating system is more appropriate for the building, such as for a duplex building that is part of a larger project. Approval of a building permit for new construction shall not be granted unless the Applicant submits a checklist demonstrating the covered project receives the minimum Green Building Program Rating required on the appropriate Green Building Program Checklist. All mixed-use projects shall meet the requirements for a multi-family residential project, unless the Building Official determines the Green Building Code or another rating system is more appropriate. B. In the event that an Applicant wishes to use an alternative green building standards program other than the GreenPoint rating system or the LEEDtm for Homes Green Building Rating System, the Applicant may apply to the Building Official for approval of the alternative program. The Applicant must submit Green Building Documentation showing that the Applicant’s utilization of the alternative program will result in green building benefits that are better than the benefits that would be achieved by obtaining a Green Building Program Rating of fifty (50) points under either the GreenPoint rating system or the LEEDtm for Homes Green Building Rating System. Any proposed alternative green building program must be created by a third-party entity not under the control of the Applicant, and must be sufficiently similar in structure to the GreenPoint rating system and the LEEDtm for Homes Green Building Rating System to allow the Building Official to administer the requirements of this Chapter to the alternative green building standards program without significant deviation. At a minimum, the alternative green building standards program must utilize a checklist structure similar to the Green Building Program Checklists. No Applicant may utilize an alternative green building standards program unless the Building Official gives the Applicant written approval of the Applicant’s proposed utilization of the program. FINDINGS The amendment is needed due to local climatic, topographical and environmental conditions. Green building design, construction and operation can have a significant positive effect on energy resource efficiency, waste and pollution generation, and the health and productivity of building occupants over the life of the building. The City of Dublin has a dry, hot period of at least five months each year. As a result of the high temperatures, average load demand and peak load demand of energy used in Dublin are important factors impacting public safety and creating the potential for adverse economic impacts due to power outages or power reductions (i.e. “brownouts”). Additionally, the area is subject to occasional drought. Reduction of total and peak energy use and water use as a result of incremental conservation measures required by this ordinance will have local benefits in the additional available system energy and water capacity. 4.2.b Packet Pg. 177 At t a c h m e n t : 2 . E x h i b i t A 2 0 1 6 C B S C F i n d i n g s ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 3 ORDINANCE NO. xx – 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * REPEALING CHAPTERS 5.08 (FIRE CODE), 7.32 (BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; ADDING CHAPTERS 5.08 (FIRE CODE), 7.32 (BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; AND AMENDING CHAPTER 7.28 (BUILDING REGULATION ADMINISTRATION) OF THE DUBLIN MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2016 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, CALIFORNIA CODE OF REGULATIONS The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapters 5.08 (Fire Code), 7.32 (Building Code), Chapter 7.34 (Residential Code), 7.36 (Electrical Code), 7.40 (Plumbing Code), 7.44 (Mechanical Code, and 7.94 (Green Building Code) of the Dublin Municipal Code are hereby repealed. Section 2. Chapter 5.08 (Fire Code), which adopts by reference and amends the 2016 California Fire Code and the 2015 International Fire Code, is added to the Dublin Municipal Code as set forth in Exhibit A to this Ordinance. Section 3. Chapter 7.28, “Building Regulation Administration,” of the Dublin Municipal Code is amended by modifying the following sections as set forth in Exhibit B to this Ordinance: Section 7.28.180, “Liability”; Section 7.28.190, “Occupancy or use violations”; Section 7.28.290, “Exceptions”; Section 7.28.320, “Plan and specifications-Requirements”; and Section 7.28.570, “Notification for inspections required.” Section 4. Chapter 7.32 (Building Code), which adopts by reference and amends the 2016 California Building Code and the 2015 International Building Code, is added to the Dublin Municipal Code as set forth in Exhibit C to this Ordinance. Section 5. Chapter 7.34 (Residential Code), which adopts by reference and amends the 2016 California Residential Code and the 2015 International Residential Code, is added to the Dublin Municipal Code as set forth in Exhibit D to this Ordinance. Section 6. Chapter 7.36 (Electrical Code), which adopts by reference and amends the 2016 California Electrical Code and the 2014 National Electric Code, is added to the Dublin Municipal Code as set forth in Exhibit E to this Ordinance. 4.2.c Packet Pg. 178 At t a c h m e n t : 3 . 2 0 1 6 C B S C O r d i n a n c e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 3 Section 7. Chapter 7.40 (Plumbing Code), which adopts by reference and amends the 2016 California Plumbing Code and the 2015 Uniform Plumbing Code, is added to the Dublin Municipal Code as set forth in Exhibit F to this Ordinance. Section 8. Chapter 7.44 (Mechanical Code), which adopts by reference and amends the 2016 California Plumbing Code and the 2015 Uniform Mechanical Code, is added to the Dublin Municipal Code as set forth in Exhibit G to this Ordinance. Section 9. Chapter 7.94, “Green Building Code,” of the Dublin Municipal Code, which adopts by reference and amends the 2016 California Green Building Standards Code, is amended as set forth in Exhibit H to this Ordinance. Section 10. Effect of Code on Past Actions and Obligations. The adoption of the Dublin Building, 2016, does not affect any civil lawsuit instituted or filed or prosecutions for ordinance violations committed on or prior to the effective date of said Code, does not waive any fee or penalty due and unpaid prior to the effective date of said Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. - Section 11. References to Prior Code. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of the former Dublin Building Code, 2013, shall be construed to apply to the corresponding provisions contained within the Dublin Building Code, 2016. Section 12. No penalty clauses are adopted by reference pursuant to this Ordinance. At least one true copy of codes adopted by reference pursuant to this Ordinance have been on file with the City Clerk since fifteen days prior to enactment of this Ordinance. While Chapters 5.08, 7.32, 7.34, 7.36, 7.40, 7.44 and 7.94 of the Dublin Municipal Code remain in force, a reasonable supply of the incorporated codes shall be available in the office of the City Clerk for public purchase. Section 13. 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 14. This Ordinance shall take effect on January 1, 2017. The California Building Standards Commission (the “Commission”) adopted and published the 2016 California Building Standards Code (the “CBSC”) in 2016. The CBSC incorporates the 2015 editions of the International Fire Code, International Building Code, International Residential Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2014 edition of the National Electrical Code. These models codes as adopted and amended by the State of California are retitled as the California Fire Code, California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code and the California Electrical Code, and are set forth in Title 24 of the California Code of Regulations. Under Section 18938 of the Health and Safety Code, provisions published in the CBSC pursuant to Health and Safety Code Section 17922 apply to all occupancies throughout the State and become effective one hundred and eighty days after publication by the Commission, or at a later date established by the Commission. The 4.2.c Packet Pg. 179 At t a c h m e n t : 3 . 2 0 1 6 C B S C O r d i n a n c e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 3 Commission has established that the 2016 version of the CBSC will take effect on January 1, 2017. In accordance with Health and Safety Code Section 17958.5, if a city desires to amend the CBSC, the amendments may not take effect earlier than the effective date of the CBSC. The portions of the CBSC adopted by reference in this Ordinance are amended in accordance with Health and Safety Code Section 17958.5 based on findings of the City of Dublin set forth in Resolution No.__-16. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Government Code Section 36933. Section 15. The City Council hereby finds that the adoption of this Ordinance is exempt from California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations Title 14, sections 15002 and 15378 as this Ordinance is not a “project” within the meaning of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonable foreseeable indirect physical change in the environment because it does not authorize the construction of any new large structures or other physical changes resulting in impacts to the environment. PASSED AND ADOPTED BY the City Council of the City of Dublin on this 15th day of November, 2016, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ MAYOR ATTEST: ___________________________________ CITY CLERK 4.2.c Packet Pg. 180 At t a c h m e n t : 3 . 2 0 1 6 C B S C O r d i n a n c e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 11 EXHIBIT A Chapter 5.08 FIRE CODE Sections: 5.08.010 Title. 5.08.020 Purpose. 5.08.030 Adoption of Fire Code. 5.08.040 Authority. 5.08.050 Section 102.13 Applicability-Added. 5.08.060 Section 103.2 Appointment – Amended. 5.08.070 General Authority and Responsibilities. 5.08.080 Section 104.9, Requests for Alternative Means of Protection- Amended. 5.08.090 Section 108.1 Board of Appeals-Amended. 5.08.100 Section 111 Stop Work Order-Amended. 5.08.110 Chapter 2 Definitions-Amended. 5.08.120 Section 503.2.3.9 Specifications-Added. 5.08.130 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1-Deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, 903.2.11.3, Amended; and Sections 903.2.2.1 and 903.2.20-Added. 5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added. 5.08.150 Section 907.1-Amended; Sections 907.10, 907.10.1, 907.10.2 and 907.10.3-Added. 5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions-Amended. 5.08.170 Section 5601.1.3 Fireworks-Amended. 5.08.180 Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited-Amended. 5.08.190 Section 5706.2.4.4 Locations where above-ground tanks are prohibited-Amended. 5.08.200 Section 5806.2 Limitations-Amended. 5.08.210 Section 6104.2.1 Maximum capacity within established limits- Amended. 5.08.220 New Materials, Processes or Occupancies which may require permits. 5.08.230 Violations – Penalties. 5.08.010 Title. The Fire Codes adopted by section 5.08.030 and the provisions of this Chapter shall constitute the Dublin Fire Code and may be referred to as such. 5.08.020 Purpose The promotion and preservation of the public health, safety and general welfare of the people of the City and the property situated therein have made necessary the adoption of the International Fire Code referred to in Section 5.08.030 in order to adequately 4.2.d Packet Pg. 181 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 11 EXHIBIT A safeguard life, health, property, and general welfare. The purpose of this Code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this Code. 5.08.030 Adoption of Fire Codes. The 2016 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in California Health and Safety Code section 18901 (hereinafter referred to as the “state code”), including Section 103, 108.1, 503, Appendices B, C, D, and any rules and regulations promulgated pursuant to the state code, and the International Fire Code, 2015 Edition, as published by the International Code Council (hereinafter referred to as the “IFC”), are hereby adopted and incorporated by reference herein for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion. Notwithstanding the foregoing, the provisions of the state code and the IFC are amended as set forth in Sections 5.08.050 through 5.08.240, inclusive. Copies of the state code, IFC have been and are now filed in the Office of the City Clerk, 100 Civic Plaza, Dublin, California, for use and examination by the public. From the date on which this Ordinance shall take effect, the provisions of the state code and IFC shall be controlling within the limits of the City of Dublin. 5.08.040 Authority. The Fire Department referred to herein and in the codes adopted pursuant to Section 5.08.030 shall be the entity which provides fire suppression and prevention services to the City by contract, and the Fire Chief or Fire Code Official referred to herein and in the codes adopted pursuant to Section 5.08.030 shall be the Fire Chief of the Fire Department, or his or her designee, acting under the direction of the City Manager. 5.08.050 Section 102.13 Applicability-Added. Section 102.13 is added to read as follows: 102.13 Applicability. Where not otherwise limited by law, the provisions of this Code shall apply to vehicles, cargo containers, ships, boats, and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction. 5.08.060 Section 103.2 Appointment – Amended. Section 103.2 is amended to read as follows: 103.2 Appointment. The fire code official shall be appointed by the fire chief for the City of Dublin. 5.08.070 General Authority and Responsibilities. Sections 104.2.1, 104.2.2, 104.2.3, and 104.2.4 are added to read as follows: 104.2.1 Fee for Plan Review, Inspection and Permits. The City Council may, by resolution, establish a schedule of nondiscriminatory fees to be charged and 4.2.d Packet Pg. 182 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 11 EXHIBIT A collected for plans submitted under Section 104.2, solely to defray the City’s reasonable costs for plan review of fire protection equipment and systems, requested or required inspection services and issuance of permits. Permits issued in accordance with Section 105.7 shall be valid for a period of one year. 104.2.2 Permit Processing Fee. Each application for a permit shall be accompanied by a fee equal to forty percent (40%) of the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable. 104.2.3 Refunds. A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration of the permit provided that the work authorized under the permit has not commenced. Thirty percent (30%) of the permit fee may be refunded to the applicant after a permit has expired provided that the work has not commenced, but in no case shall any refund be allowed after one (1) year from the date of expiration of the permit. Requests for refund shall be in writing. Any expenses incurred by the City other than the permit processing fee may be deducted from the refund. B. If there was an error in calculating the amount of the permit fee and such error resulted in overpayment of the permit fee, the amount of overpayment may be refunded. 104.2.4 Fees-Partially completed work. A. Where permits expire and the work has not been completed and a new permit is subsequently issued for the completion of the work, the fee for the new permit shall be a percentage of the amount of the fee in effect at the time of issuance of the new permit. Completed Inspections Percent of Permit Fee 1. If no inspections have 30 been made. 2. If rough inspection 15 has been made. B. The fee determined by the foregoing shall be rounded to the nearest dollar. 5.08.080 Section 104.9, Requests for Alternative Means of Protection- Amended. Section 104.9. is amended to read as follows: 4.2.d Packet Pg. 183 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 4 of 11 EXHIBIT A 104.9 Requests for Alternative Means of Protection. Requests for approval to use an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment, or means of protection shall be made in writing to the Fire Code Official by the owner or owner’s authorized representative and shall be accompanied by a full statement of the conditions. Sufficient evidence of proof shall be submitted to substantiate any claim that may be made regarding its conformance. The Fire Code Official may require tests and the submission of a test report from an approved testing organization to substantiate the equivalency of the proposed alternative means of protection. Approval of a request for the use of an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment, or means of protection shall be limited to the particular case covered by the request and shall not be construed as establishing any precedent for any future request. 5.08.090 Section 108.1 Board of Appeals-Amended. Section 108.1 is amended to read as follows: 108.1 Board of Appeals-Established. A. Any person aggrieved with the decision of the Fire Chief in connection with the application or interpretation of this Code or an approval of alternative materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed with the City Clerk within ten (10) days. B. The City Council may, after hearing, interpret any provision of this Code. C. The City Council may after hearing, vary the application of this Code in any specific cases when, in its opinion, the enforcement thereof would be contrary to the spirit and purpose of this Code or public interest. The City Council in granting a variance may impose requirements or conditions to mitigate any adverse effects that may result from granting the grievance. D. In making such interpretation or granting any variance, the City Council shall make the following findings: 1. That the interpretation or variance is consistent with the purpose of this Code; 2. That the interpretation or variance will not lessen the protection to the people of the City and the property situated therein. E. The City Council may approve alternate materials or methods of construction by overruling the decisions of the Fire Chief. In approval of any alternate materials or methods of construction, the City Council shall make findings that the material, method or work proposed is for the purpose intended, at 4.2.d Packet Pg. 184 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 5 of 11 EXHIBIT A least equivalent of that prescribed by this Code in quality, strength effectiveness, fire resistance, durability, dimensional stability and safety. F. The City Council may appoint a Board of Appeals to hear a specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this Code, granting variances, or approving alternate materials or methods of construction. The Fire Chief shall be an ex officio member of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations. G. The decision of the City Council or Board of Appeals shall be final. 5.08.100 Section 111 Stop Work Order-Amended. Section 111.1.1 is added to read as follows: 111.1.1 Stop Work Order. Whenever any installation of fire protection devices covered by this Code is concealed without first having been inspected, the Fire Chief may require, by written notice, that such work shall be exposed for inspection. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion of the project until the violation has been corrected. Where work for which a permit is required by this Chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows: Violation within two-year period Penalty Fee First Equal to the permit fee Second Double the permit fee Third and subsequent Ten times the permit fee The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this Chapter. 5.08.110 Chapter 2 Definitions-Amended. Chapter 2 is amended by adding the following definitions to Section 202 Section 202 General Definitions. City Council shall mean the governing body of the City of Dublin. 4.2.d Packet Pg. 185 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 6 of 11 EXHIBIT A City Manager shall mean the City Manager of the City of Dublin or his or her designee. Fire Trail means a graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Fuel break means a wide strip or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning into it can be more readily controlled. 5.08.120 Section 503.2.3.9 Specifications-Added. Section 503.2.3.1 is added to read as follows: 503.2.3.9 Fire and Emergency Access Roads approved for construction sites shall be designed to meet the requirements of Section 503.2. The access shall be approved by the Fire Department prior to commencement of combustible storage or construction on the site. 5.08.130 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1-Deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, 903.2.11.3, Amended; and Sections 903.2.2.1 and 903.2.20-Added. Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.10.1 are deleted, Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, and 903.2.11.3, are amended to read as follows, and Sections 903.2.1.1, and 903.2.20 are added to read as follows: 903.2.1.1 Group A-1 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.2 Group A-2 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.3 Group A-3 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.4 Group A-4 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.2.1 Group B Occupancies. 4.2.d Packet Pg. 186 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 7 of 11 EXHIBIT A An automatic fire-extinguishing system shall be installed in Group B occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.3 Group E Occupancies. 1. An automatic fire-extinguishing system shall be in Group E, occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.4 Group F Occupancies. An automatic fire sprinkler system shall be installed in all Group F occupancies where the floor area exceeds 2,500 square feet (232 m²). (Section 903.2.4.1 is deleted) 903.2.7 Group M Occupancies. 1. An automatic sprinkler system shall be installed in Group M occupancies where the floor area exceeds 2,500 square feet (232 m²). 903.2.9 Group S Occupancies. An automatic sprinkler system shall be installed in all Group S occupancies as follows: 1. Where the floor area exceeds 2,500 square feet (232 m²); 2. Buildings with repair garages servicing vehicles parked in basements. (Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1 are Deleted) 903.2.11.3 Buildings Three Or More Stories in Height. An automatic sprinkler system shall be installed in all occupancies, regardless of type of construction, if the building is three or more stories or more than 35 feet in height measured from the pad grade level to the highest point of the building. An automatic sprinkler system shall be installed in all other occupancies as may be required by the 2016 California Building and Residential Code. 903.2.20 All Occupancies. Automatic fire-extinguishing systems shall be installed in all occupancies located more than 1½ miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line. Buildings containing portions which are required to have an automatic fire extinguishing system because of the number of stories shall have the automatic fire extinguishing system installed throughout and fire walls as set forth in Section 4.2.d Packet Pg. 187 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 8 of 11 EXHIBIT A 706 shall not be considered as creating separate buildings for the purpose of this section. Whenever an addition is made to an existing building, automatic fire-extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitations set forth in this section. Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in that portion of the building housing the new use. 5.08.140 Section 903.6-Amended; Sections 903.6.2 and 903.6.3-Added. Section 903.6 is amended, and Section 903.6.2 and 903.6.3 are added to read as follows: 903.6 Existing Buildings. All changes of occupancy classification in existing buildings shall comply with the requirements contained in Section 903.2 of this Code and Table 503 of the California Building Code. 903.6.2 When an addition to an existing building causes the total square footage of the building to exceed the maximum floor area specified in Table 503 of the California Building Code. Addition or alteration that removes 50% or more of the existing exterior walls of a building shall be considered a new building for the purposes of Section 903. 903.6.3 Existing buildings which do not conform to Current Building Code or Fire Code requirements may be required to install an automatic fire extinguishing system when an interior alteration or remodeling occurs, regardless of whether the floor area is increased or use changed. It shall be the responsibility of the Fire Code Official and the Building Official to evaluate the work being performed, non-complying features, and determine if an automatic fire extinguishing system will be required. 5.08.150 Section 907.1-Amended; Sections 907.10, 907.10.1, 907.10.2 and 907.10.3-Added. Section 907.1 is amended and Sections 907.10, 907.10.1, 907.10.2 and 907.10.3 are added to read as follows: 907.1 General. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are applicable to existing buildings and structures. In the event of a conflict between this section and the provisions of Chapter 5.20 of the Dublin Municipal Code, the provisions of this section shall control. 907.10 False Alarms. 4.2.d Packet Pg. 188 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 9 of 11 EXHIBIT A 907.10.1 Excessive False Alarms. Malfunctions, or mechanical trip of any sprinkler alarm or other fire protection or detection system resulting in an alarm and emergency dispatch of the Fire Department shall be subject to a false alarm charge as established by this Code. Exception: During a thirty (30) day period following the installation of any new fire alarm system, the Fire Chief shall determine if the false alarms emanating from said new installation are excessive. 907.10.2 Charges. After the initial thirty (30) day period following the installation of a new system, two (2) false alarms within a consecutive ninety (90) day period shall be deemed excessive and will be charged as false alarms. 907.10.3 False Alarm charges are as follows: 1st false alarm - Warning Letter 2nd false alarm in any 90 day period- $100.00 3rd and subsequent false alarms in any 90 day period- $200.00 5.08.160 Section 5003.2.4.2 Hazardous Materials General Provisions-Amended. Section 5003.2.4.2 is amended to read as follows: 5003.2.4.2 Above-ground tanks. Above-ground stationary tanks used for the storage of hazardous materials shall be located and protected in accordance with the requirements for outdoor storage of the particular material involved. Notwithstanding the foregoing, above-ground stationary tanks used for the storage of flammable or combustible liquids is prohibited in any area zoned for other than commercial, industrial, or agricultural use. Exception: Above-ground tanks that are installed in vaults complying with Section 5303.16 or 5704.2.8 shall not be required to comply with location and protection requirements for outdoor storage. 5703.2.4.2.1 Marking. Above-ground stationary tanks shall be marked as required by Section 5703.5. 5.08.170 Section 5601.1.3 Fireworks-Amended. Section 5601.1.3 is amended to add a fifth exception as follows: 5. The sale, use and discharge of fireworks are allowed in accordance with Chapter 5.24 of the Dublin Municipal Code. 4.2.d Packet Pg. 189 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 10 of 11 EXHIBIT A 5.08.180 Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited-Amended. Section 5704.2.9.6.1 is amended to read as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for other than commercial, industrial, or agricultural use. 5.08.190 Section 5706.2.4.4 Locations where above-ground tanks are prohibited – Amended. Section 5706.2.4.4 is amended to read as follows: 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for other than commercial, industrial, or agricultural use. 5.08.200 Section 5806.2 Limitations-Amended. Section 5806.2 is amended to read as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law and in any area zoned for other than commercial, industrial, or agricultural use. 5.08.210 Section 6104.2 Maximum capacity within established limits- Amended. Section 6140.2 is amended to read as follows: 6104.2 Maximum Capacity Within Established Limits. The limits referred to in Section 6104.2.1 are the 2016 California Fire Code in which storage of compressed natural gas is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use. 5.08.220 New Materials, Processes or Occupancies which may Require Permits. The City Manager, the Fire Chief and the Fire Code Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those enumerated in the 2016 California Fire Code. The Fire Code Official shall post such list in a conspicuous place at the Dublin Civic Center and distribute copies thereof to interested persons. 5.08.230 Violations – Penalties. A. Any person who violates any provisions of the 2016 California Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or 4.2.d Packet Pg. 190 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 11 of 11 EXHIBIT A permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the required time, shall severally for each such violation and noncompliance, respectively, be guilty of an infraction. B. Any person convicted of an infraction under the provisions of this Ordinance shall be punished upon a first conviction by a fine of not more than one hundred dollars ($100), and for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200), and for a third or any subsequent conviction within a one (1) year period by a fine of not more than five hundred dollars ($500). Any violation beyond the third conviction within a one (1) year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be a fine or imprisonment, or both, not to exceed the limits set forth in the California Penal Code Section 19. C. At the discretion of the Fire Chief, any such violation constituting an infraction under this Ordinance may, instead, be charged and prosecuted as a misdemeanor, punishable by a fine or imprisonment, or both, not to exceed the limits set forth in California Penal Code Section 19. D. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions on this Ordinance shall be deemed a public nuisance and may be summarily abated by the City as such. E. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this Ordinance is committed, continued or permitted by such person and shall be punishable accordingly. F. The Fire Chief shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Ordinance. Officers or employees so designated shall have the authority to cite or arrest persons who violate any of said provisions. 4.2.d Packet Pg. 191 At t a c h m e n t : 4 . E x h i b i t A C h a p t e r 5 0 8 D M C 2 0 1 6 F i r e C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 1 of 25 EXHIBIT B Chapter 7.28 BUILDING REGULATION ADMINISTRATION Article I. Definitions 7.28.010 Building Official. 7.28.020 Dangerous building or structure. 7.28.030 Dangerous electrical, plumbing or mechanical installation. 7.28.040 Electrical installation. 7.28.050 Health officer. 7.28.060 Illegal building, structure or installation. 7.28.070 Mechanical installation. 7.28.080 Plumbing installation. 7.28.090 Substandard building. 7.28.100 This Chapter. Article II. Authority of Building Official 7.28.110 Enforcement officer designated. 7.28.120 Right of entry. 7.28.130 Alternate materials and methods of construction. 7.28.140 Modifications. 7.28.150 Compliance—Tests. 7.28.160 Stop work orders. 7.28.170 Discontinuance of utilities—Authority. 7.28.180 Liability. Article III. Enforcement 7.28.190 Occupancy or use violations. 7.28.200 Dangerous buildings, structures or installations. 7.28.210 Illegal buildings, structures or installations. 7.28.220 Existing buildings, structures or installations. 7.28.230 Maintenance requirements. 7.28.240 Code conflicts. 7.28.250 Violation. 7.28.260 Appeals. 7.28.270 Revocation or modification of variance. Article IV. Permit Requirements 7.28.280 Permit—Required. 7.28.290 Exceptions. 7.28.300 Permit—Application. 4.2.e Packet Pg. 192 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 2 of 25 EXHIBIT B 7.28.310 Permit—Application—Plans and specifications. 7.28.320 Plans and specifications—Requirements. 7.28.330 Permit—Application—Plats required. 7.28.340 Permit—Issuance—Generally. 7.28.350 Permit—Issuance—Restrictions. 7.28.360 Permittee responsibility. 7.28.370 Granting of permit not approval for violation. 7.28.380 Permit—Expiration. 7.28.390 Application expiration. 7.28.400 Permit—Extensions. 7.28.410 Building Official—Authority to deny permit. 7.28.420 Permit—Suspension or revocation. 7.28.430 Fees—Generally. 7.28.440 Permit processing fee. 7.28.450 Refunds. 7.28.460 Fees—Partially completed work. 7.28.470 Additional fees for changes. 7.28.480 Reinspections. 7.28.490 Code compliance survey. 7.28.500 Inspection fee—Moved building. 7.28.510 Plan and specification storage fee. 7.28.520 Fees for additional plan checking. 7.28.530 Fees—Other inspection services. Article V. Inspections 7.28.540 Generally. 7.28.550 Approvals required. 7.28.560 Inspection required before use commences. 7.28.570 Notification for inspections required. 7.28.580 Other inspections. 7.28.590 Special inspections. 7.28.600 Inspections—Moved buildings, structures, installations or systems. Article VI. Occupancy 7.28.610 Generally. 7.28.620 Approval to connect utilities. 7.28.630 Temporary or partial occupancy. 7.28.640 Authority to withhold approval to occupy. 4.2.e Packet Pg. 193 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 3 of 25 EXHIBIT B Article I. Definitions 7.28.010 Building Official. There is established in the City the office of the Building Official, who is responsible for the administration and enforcement of this Chapter as hereinafter provided. 7.28.020 Dangerous building or structure. "Dangerous building or structure" means any building or structure which has any or all of the following conditions or defects to an extent that endangers the life, health, property, or safety of the public or its occupants: A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; B. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location; C. Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent the structural strength or stability of such building or structure is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; D. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; E. Whenever any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings; F. Whenever any portion of a building or structure has cracked, warped, buckled, or settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to winds or earthquakes than is required in the building code for similar new buildings or structures; G. Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause; H. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; I. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base; J. Whenever the building or structure, exclusive of the foundations, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls coverings; 4.2.e Packet Pg. 194 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 4 of 25 EXHIBIT B K. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminal or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts; L. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by this Chapter or any law, ordinance, rule, or regulation in relation to the condition, location or structure of buildings; M. Whenever any building or structure has less than fifty percent (50%) in any nonsupporting part, member or portion, or less than sixty-six percent (66%) in any supporting part, member or portion of the (1) strength; (2) fire resisting qualities or characteristics; or (3) weather resistance qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location regardless of whether such building or structure was erected in accordance with all applicable laws and ordinances. For buildings erected prior to the effective date of Alameda County Ordinance 74-66, the seismic forces specified in Alameda County Ordinance 950 N.S. shall be used for determining the percent of strength rather than the seismic forces required by law for a newly constructed building of like area, height, and occupancy in the same location; N. Whenever a building or structure, used or intended to be used for dwelling purposes, is determined by the Building Official to be unsanitary, unfit for human habitation or in a condition that it is likely to cause sickness or disease due to inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, or inadequate light, air or sanitation facilities or other cause; O. Whenever any building or structure is determined by the Building Official to be a fire hazard due to obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause; P. Whenever any building or structure constitutes a public nuisance under this code or state law or in equity; Q. Whenever any portion of a building or structure remains on a site after the demolition or destruction of such building or structure; or R. Whenever any building or structure is abandoned and is determined by the Building Official to be an attractive nuisance or hazard to the public. 7.28.030 Dangerous electrical, plumbing or mechanical installation. "Dangerous electrical, plumbing or mechanical installation" means any electrical, plumbing or mechanical installation which has any or all of the following conditions or defects and such conditions or defects endanger the life, health, property or safety of the public or any persons using such installation: A. Whenever any protective or safety service specified in this Chapter is not provided, is inoperative, or fails to function as originally intended; B. Whenever any installation or any portion thereof is (1) dilapidated, deteriorated, or decayed; (2) faulty; (3) obsolete; or (4) inadequately maintained; C. Whenever any installation or any portion thereof is damaged by fire, wind, earthquake, flood or any other cause; 4.2.e Packet Pg. 195 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 5 of 25 EXHIBIT B D. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of this Chapter; and/or E. Whenever any installation is in such condition as to constitute a public nuisance under this code or state law or in equity. 7.28.040 Electrical installation. “Electrical installation” means any electrical wiring, appliance, device, equipment, and apparatus used for or in connection with the transmission or use of electrical energy for light, power, radio, signaling communication or for any other purpose. 7.28.050 Health Officer. “Health Officer” means the Alameda County Health Officer or his or her authorized representative. 7.28.060 Illegal building, structure or installation. "Illegal building, structure or installation" means any building or structure or portion thereof, and any electrical, plumbing or mechanical installation or portion thereof, erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit in violation of this Chapter or any other applicable law, ordinance, rule or regulation. 7.28.070 Mechanical installation. “Mechanical installation” means any appliance, device, equipment, system or apparatus used for or in connection with heating, ventilating, refrigeration or incineration. 7.28.080 Plumbing installation. “Plumbing installation” means the use of water, all potable water supply and distribution pipes, all fixtures and traps, all drainage and vent pipes and all building drains, all private sewage disposal systems, including their respective joints and connections, devices, receptacles and appurtenances within property lines of the premises and shall include potable water piping, potable water treating or using equipment, fuel gas piping, water heaters and vents for same. 7.28.090 Substandard building. "Substandard building" means all buildings or portions thereof which are determined to be substandard as defined in Section 1001 of the Uniform Housing Code except that any condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements of ceilings, rooms, and dwellings shall not by itself be considered sufficient existence of dangerous conditions making a substandard building, unless the building was constructed, altered or converted in violation of such requirements in effect at the time of construction, alteration or conversion. 7.28.100 This Chapter. Whenever the term “this Chapter” is used in this Chapter 7.28, it shall also mean and include Chapter 7.32 (Building Code); Chapter 7.34 (Residential Code), Chapter 7.36 (Electrical Code); Chapter 7.40 (Plumbing Code); Chapter 7.44 (Mechanical Code); Chapter 7.48 (Housing Code) and 7.94 (Green Building Code) of this Title. 4.2.e Packet Pg. 196 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 6 of 25 EXHIBIT B Article II. Authority of Building Official 7.28.110 Enforcement Officer designated. A. The Building Official is hereby authorized and directed to enforce the provisions of this Chapter. The Building Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures to clarify the application of the provisions of this Chapter. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Chapter B. The Building Official shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Chapter. C. The Health Officer is hereby authorized and directed to enforce all of the provisions of this Chapter pertaining to: 1. Private water supply; 2. Private sewage disposal systems; 3. Infestation of insects, vermin or rodents; 4. Storage and removal of garbage; and 5. Sanitation of bedding. For purposes of enforcement of the foregoing provisions of this Chapter the Health Officer shall have the same authority and duties that are assigned to the Building Official in Article II and Sections 7.28.260, and 7.28.270 of this Chapter. D. The Building Official, the Health Officer, and any officer or employee designated by the Building Official pursuant to paragraph B of this Section shall have the power of a peace officer. 7.28.120 Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter or whenever the Building Official has reasonable cause to believe that a violation of this Chapter exists in any building or any premises, or there exists in any building or upon any premises any condition which makes the building or premises dangerous, unsanitary, or a menace to life, health or property, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Chapter or any other applicable law, ordinance, rule, or regulations provided that if such building or premises be occupied, he shall first present credentials and demand entry. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. 7.28.130 Alternative materials and methods of construction. A. The provisions of this Chapter are not intended to prevent the use of any material or to prohibit any design or method of construction not specifically prescribed by this Chapter provided that any such alternative has been approved by the Building Official. B. The Building Official may approve any alternative material, design or method of construction provided the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter, and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability, dimensional stability, and safety. The 4.2.e Packet Pg. 197 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 7 of 25 EXHIBIT B details of any action granting approval of an alternative material, design or method of construction shall be recorded and entered into the files of the City. C. The Building Official may require that sufficient evidence or proof be submitted to substantiate any claims for alternate materials or methods of construction. 7.28.140 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Chapter, the Building Official may grant modifications for individual cases upon application of the owner or the owner's representative, provided he shall first find that a special individual reason makes the strict letter of this Chapter impractical, the modification is in conformity with the intent and purpose of this Chapter and such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of any action granting modifications to the provisions of this Chapter shall be recorded and entered in the files of the City. 7.28.150 Compliance—Tests. A. Whenever there is insufficient evidence of compliance with the provisions of this Chapter, or evidence that any material or any construction does not conform to the requirements of this Chapter, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be performed by an approved agency at the expense of the owner or his agent . B. Test methods shall be as specified by this Chapter for the material in question. If there are no appropriate test methods specified in this Chapter, the Building Official shall determine the test methods. C. All tests shall be made by an approved agency. Reports of such tests shall be retained b y the Building Official for the period required for the retention of public records. 7.28.160 Stop work orders. Whenever any work is being done contrary to the provisions of this Chapter or any other applicable law, ordinance, rule, regulation, or the approved plans, the Building Official may order the work stopped by serving written notice on the owner of the property involved, the owner's agent, or any persons engaged in, doing, or causing such work to be done. Upon issuance of a stop work order, the cited work shall immediately cease and shall not resume until authorized by the Building Official. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation and the conditions under which the cited work will be permitted to resume. 7.28.170 Discontinuance of utilities—Authority. A. The Building Official may order the discontinuance of the supply of electrical energy, fuel gas or water to any building or structure, electrical, plumbing, or mechanical installation which is: 1. Being occupied or used contrary to the provisions of this Chapter or any other applicable law, ordinance, rule or regulation; 2. A dangerous building or structure, or dangerous electrical, plumbing or mechanical installation; 3. An illegal building or structure, electrical, plumbing or mechanical installation; or 4. A substandard building. 4.2.e Packet Pg. 198 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 8 of 25 EXHIBIT B B. Such order shall be in writing and shall state the nature of the condition requiring the discontinuance of utilities and the time when such utilities shall be discontinued. The order shall be directed to the person supplying electrical energy, fuel gas, or water and a copy of said order shall be sent to the person using said utilities and to the owner of the premises. 7.28.180 Liability. The Building Official, or his authorized representative(s), charged with the enforcement of this Chapter, acting in good faith and without malice in the discharge of his duties required by this Chapter or any other applicable laws, ordinances, rules, or regulations, shall not thereby be rendered personally liable, and is hereby relieved from personal liability, for any damage accruing to persons or property as a result of any act, or by reason of any act or omission, in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the City. Article III. Enforcement 7.28.190 Occupancy or use violations. Whenever any building or structure, electrical, plumbing, or mechanical installation, or portion thereof, is being used contrary to the provisions of this Chapter or any other applicable law, ordinance, rule, or regulation, and whenever the existing use or occupancy of a building has been changed without the approval of the Building Official, the Building Official may order such use discontinued and, where deemed necessary for the safety of the occupants thereof, or the public, may order the building or structure or portion thereof to be vacated by serving written notice to any persons using or causing such use. If there are no persons present on the premises at the time, the notice may be posted in a conspicuous place on the premises. The notice shall state the nature of the violation and the time when said use shall be discontinued, and when required, the time when said building or structure or portion thereof shall be vacated. No person shall continue said use or continue to occupy said building or structure, electrical, plumbing, or mechanical installation, or portion thereof, contrary to the terms of said notice until the violation is corrected and use or occupancy is authorized by the Building Official. 7.28.200 Dangerous buildings, structures or installations. A. It is unlawful to maintain or use a dangerous building or structure or a dangerous electrical, plumbing, or mechanical installation. B. All dangerous buildings or structures or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7.52 of this Title or by any other remedy available at law or in equity. 7.28.210 Illegal buildings, structures or installations. A. All illegal buildings, structures or installations shall be made to conform to the provisions of this Chapter or shall be demolished and removed. B. Whenever necessary to assure compliance with the foregoing provisions, the owner of any illegal building, structure or installation shall uncover any concealed portions of such building, 4.2.e Packet Pg. 199 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 9 of 25 EXHIBIT B structure, electrical, plumbing, or mechanical installation for inspection and shall perform such tests as may be required by the Building Official. C. It is unlawful to use or maintain any illegal building, structure or installation or portion thereof which was erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit. D. All illegal buildings, structures or installations or portions thereof are hereby declared to be public nuisances and may be abated in accordance with the provisions specified in Chapter 7.52 of this Title or by any other remedy available at law or in equity. 7.28.220 Existing buildings, structures or installations. A. Except as required by Sections 7.32.090 and 7.34.090 of this code and Section 713.5 of the California Plumbing Code/Uniform Plumbing Code, buildings or structures, electrical, plumbing or mechanical installations in existence at the time of the adoption of the ordinance codified in this Chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of adoption of the ordinance codified in this Chapter and provided such continued use does not endanger the life, health, property, or safety of the public or the occupants of such buildings or structures. B. Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings prior to January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if such systems are currently in good and safe condition and working properly. 7.28.230 Maintenance requirements. A. All existing and new buildings or structures, electrical, plumbing and mechanical installations, and parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which were required by the building, electrical, plumbing, and mechanical codes when the building, structure, or installation was erected or installed shall be maintained in good working order. The owner or his designated agent shall be responsible for maintenance of all buildings, structures, installations or systems. B. Private building sewers shall be maintained in a gastight and watertight condition. Where private sewage disposal systems are permitted, the effluent therefrom shall be contained beneath the surface of the ground level and within the property lines of the premises. 7.28.240 Code conflicts. When any requirements of Chapters 7.28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.48 or 7.94 of this Title and manufacturer’s instructions conflict, the more stringent provisions shall prevail. 7.28.250 Violation. A. Any person who violates a provision of this Chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Chapter, shall be prosecuted in accordance with the provisions set forth in Section 1.04.030 of the Dublin Municipal Code. B. In addition to the penalties provided in Section 1.04.030 of the Dublin Municipal Code, any condition caused or permitted to exist in violation of any of the provisions of this Chapter 4.2.e Packet Pg. 200 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 10 of 25 EXHIBIT B shall be deemed a public nuisance and may be abated in accordance with the provisions specified in Chapter 7.52 of this Title or by any other remedy available at law or in equity. 7.28.260 Appeals. A. Any person aggrieved by any decision of the Building Official in connection with the application or interpretation of the provisions of this Chapter or in the approval of alternate materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed within ten (10) days from the date of the Building Official’s decision. B. The City Council may, after a hearing, interpret any provision of this Chapter. C. The City Council may, after a hearing, vary the application of the provisions of this Chapter in any specific case if it determines that enforcement thereof would be contrary to the spirit and purpose of this Chapter or to the public interest. In granting a variance, the City Council may impose any requirements or conditions to mitigate any adverse effects that may result from granting a variance. D. In interpreting the provisions of this Chapter or in granting a variance the City Council shall make the following findings: 1. That the interpretation or variance is consistent with the purpose of this Chapter; and 2. That the interpretation or variance will not result in less protection to the people of the City or the property situated therein. E. The City Council may approve alternate materials or methods of construction as set forth in Section 7.28.130 of this Chapter by overruling the decision of the Building Official. In approving any alternate materials or methods of construction the City Council shall find that such materials or methods of construction are for the purpose intended, at least the equivalent of that prescribed by this Chapter in quality, strength, effectiveness, durability, dimensional stability and safety. F. The City Council may appoint a Board of Appeals to hear any specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal and to serve until the disposition of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this Chapter, granting variances, or approving alternate materials or methods of construction. The Building Official shall be an ex officio member of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations. The decision of the Board of Appeals shall be final. 7.28.270 Revocation or modification of variance. The City Council may, after a public hearing held upon not less than ten (10) days notice, revoke or modify by written order any order permitting a variance. The City Council shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than ten (10) days prior to such hearing, by personal service, or by first class mail, postage prepaid, mailed to the person to whom such variance was granted at the address shown in the application for such variance or to such other address as may appear reasonable to the City Council under the particular circumstances. 4.2.e Packet Pg. 201 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 11 of 25 EXHIBIT B Article IV. Permit Requirements 7.28.280 Permit—Required. A. Except as provided in Section 7.28.290, no person shall install, erect, construct, enlarge, add to, alter, repair, move, remove, demolish, convert, occupy, equip or improve any building or structure, any electrical, plumbing or mechanical installation or cause the same to be done without first obtaining a permit from the Building Official. B. A separate permit shall be required for each building or structure, but the permit may include pertinent accessories such as fences, retaining walls, exterior lighting, underground utilities and sprinkler systems, provided such work is shown on the approved plans or described on the application. The Building Official may authorize issuance of a single permit for several buildings where in his or her opinion the convenience of the City will be served. C. For private water supply and private sewage disposal systems, a separate permit or approval shall be secured from the Health Officer prior to issuance of a permit by the Building Official. In addition, any permits or approvals required by the Zone 7 Water Agency shall be secured prior to issuance of a permit by the Building Official. D. Additional permits shall be required for pertinent accessories regulated by this Chapter which are proposed to be constructed but not shown on the approved plans or described on the application. A grading permit may also be required subject to the provisions of Chapter 7.16 of this Title. 7.28.290 Exceptions. A. No permit shall be required for any of the following work; provided however, permits shall be required for electrical, plumbing and mechanical installations in any building or structure listed in subsections (A)(1) through (A)(20) of this section, and permits shall be required for all new construction and substantial improvements that are located within an area of special flood hazard in accordance with Chapter 7.24 of this Title: 1. Open wire fences not more than sixteen (16) feet in height and all other type fences not more than eight (8) feet in height; 2. Retaining walls that are not more than three feet in height, measured from the top of the footing to the top of the wall, unless supporting a surcharge or ground slope exceeding 1 (vertical):20 (horizontal) (5%) or impounding Class I, II or IIIA liquids. Note: Among other items, the presence of a geogrid is a surcharge. See Section 2304.12.5 of the California Building Code/International Building Code for requirements for treatment of wood used for retaining wall; 3. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet; 4. One (1) story buildings not more than four hundred (400) square feet in area used exclusively for housing animals, poultry, livestock and similar animals and the storage of necessary food, hay and grain for the animals housed therein; 5. Agricultural buildings as defined in Section 202 of the California Building Code/International Building Code, on lots exceeding twenty (20) acres in area which are located in an A zoning district and where the principal use of the land is agriculture; 6. Lath structures and similar sun shade structures without a solid roof, which are not more than ten (10) feet in height and one thousand (1,000) square feet in area; 4.2.e Packet Pg. 202 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 12 of 25 EXHIBIT B 7. Awnings over doors and windows in a Group R-3 or Group U occupancy, supported by an exterior wall that do not project more than fifty-four (54) inches from the exterior wall and do not require additional support; 8. Temporary construction offices and storage sheds which are used on a site where there is a valid building permit, grading permit or which are used in connection with a construction project where no building permit or grading permit is required; however, this provision shall not apply to such building remaining on the site thirty (30) days after the completion of construction; 9. Temporary construction offices and storage sheds when stored in a contractor’s equipment yard; provided however, a permit shall be required if such offices or sheds are used for any purpose whatsoever; 10. Decks not exceeding 200 square feet (18.58 m2) in area, that that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4;. 11. Treehouses or other structures which are designed to be used by children for play; 12. Flag poles, radio or TV antennas and towers, less than thirty-five (35) feet in height when not attached to a building and less than twenty (20) feet in height when attached to a building, except permits are required for dish-type antennas more than four (4) feet in diameter; 13. Swimming, bathing and wading pools, and fish ponds not exceeding eighteen (18) inches in depth; 14. Prefabricated swimming pools, spas or hot tubs accessory to a Group R-3 occupancy not exceeding four (4) feet in depth if resting on the surface of the ground or a concrete slab on the ground; 15. Painting, papering, floor tile, carpeting and similar finish work; 16. Nonfixed and moveable cases, counters, racks and partitions not over five (5) feet nine (9) inches high; 17. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1); 18. Water storage tanks of any size if resting on the surface of the ground or on a concrete slab on the ground when used only for watering livestock or irrigation; 19. Swings and other playground equipment accessory to detached one and two family dwellings; 20. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over a basement or story below and are not part of an accessible route. 21. The replacement of lamps or the connection of portable electrical appliances to suitable receptacles which have been permanently installed; 22. Nonelectrical signs less than eight (8) feet in height; nonelectrical signs which do not exceed three (3) pounds per square foot nor four (4) inches in thickness when fastened flat against the wall of any building; and provided further, that the sign does not extend above the top of the wall of the building; 23. Clearing stoppage or repairing leaks in pipes, valves, fittings or fixtures when such repairs do not involve the replacement or rearrangement of pipes, valves, fittings or fixtures; 24. Buildings and structures owned by a sanitary district used exclusively for storage, collection, conveying and treating sewage; 25. Demolition or exploration work that may be necessary in order to determine conditions in connection with a proposed addition or alteration to an existing building if an application for a 4.2.e Packet Pg. 203 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 13 of 25 EXHIBIT B permit is on file and prior approval for the demolition or exploration work is obtained from the Building Official; 26. Small or unimportant work when approved by the Building Official. B. Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Chapter or any other law, ordinance, rule or regulation. C. Any person may obtain inspection services for work exempt from the permit requirements of this Chapter by applying for a permit for such work and paying the applicable fee. D. Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted to the Building Official on the next working business day. 7.28.300 Permit—Application. Every application for permits shall be made in writing on the forms furnished for that purpose. Every application shall include the following: A. The location of the premises by address and by legal description or County Assessor’s description; B. The name, address and phone number of the applicant; C. The signature of the applicant or his authorized agent, who may be required to submit evidence of such authority; D. A description of the work to be done; E. A description of the proposed use and occupancy of the proposed building, structure, or electrical, plumbing or mechanical installation and where existing buildings, structures, electrical, plumbing or mechanical installations are located on the premises, a complete description of the current and proposed use or occupancy of such buildings, structures or installations; F. Any other such information that may be reasonably required by the Building Official; G. An authorization to enter the property for the purpose of inspecting the work without an inspection warrant; and H. An indication as to whether the building is to be heated and/or cooled. 7.28.310 Permit—Application—Plans and specifications. A. A minimum of three (3) sets of plans and specifications shall be submitted with each application for checking except that plans and specifications shall not be required for small or unimportant work when approved by the Building Official. B. Engineering calculations, stress diagrams, soil investigation reports, geological investigation reports, test data, electrical load calculations, gas and water supply demand calculations and other data sufficient to show the correctness of the plans and specifications and to assure that the proposed work will conform to all of the provisions of this Chapter shall also be submitted when required by the Building Official. Plans and specifications shall be prepared by a certified architect or registered professional engineer when required by the Building Official. The owner shall also submit a complete outline of the testing and inspection program proposed when special inspection is required pursuant to Section 7.28.590 of this Chapter. C. Deferred Submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a later specified period of time. Deferral of any 4.2.e Packet Pg. 204 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 14 of 25 EXHIBIT B submittal items shall have prior written approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the Building Official. Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. D. When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all the duties required of the original architect or engineer of record. The Building Official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. 7.28.320 Plans and specifications—Requirements. A. Plans shall be drawn to scale on substantial paper and shall be legible and of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail how the proposed work will conform to the requirements of this Chapter and all applicable laws, ordinances, rules and regulations. The specifications indicating the type and grade of all the materials to be used in the proposed work shall be shown on the plans unless otherwise approved by the Building Official. B. The first sheet of each set of plans shall contain the address or legal description of the property where the work is proposed to be done, the name and address of the owner of the property and the name, address and signature of the person who has prepared the plans. C. The plans shall include a plot plan which shall show the location of existing and proposed buildings or structures. The plot plan shall also show the location of all existing or proposed gas mains and services; water mains, water services, fire hydrants, sewer mains; underground or overhead power and communication lines; poles and transformers; waterways, storm drains, inlets, culverts, curbs, gutters, sidewalks, building sewer, wells, septic tanks and drainage fields. The plans shall also include a grading and drainage plan which shall show all existing elevations or contours and all proposed final elevations and the elevation of the first floor. This plan shall also show how all portions of the lot are to be drained and any necessary drainage structures. The grading and drainage plan may be combined with the plot plan if such information can be clearly shown on the plot plan. D. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier system, the construction documents shall include manufacturer’s installation instructions. E. If the proposed work does not involve new buildings or structures and does not change the configuration of existing buildings or structures the Building Official may waive the requirements for a plot plan and grading or drainage plan. Where only minor grading is proposed and existing drainage patterns are not materially affected and the proposed work does not fall 4.2.e Packet Pg. 205 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 15 of 25 EXHIBIT B under the provisions of special flood hazard areas as set forth in Chapter 7.24 of this Title, the Building Official may waive the requirements for a grading and drainage plan. 7.28.330 Permit—Application—Plats required. A. Three (3) copies of a topographic plat prepared and signed by a licensed land surveyor or a registered civil engineer shall be submitted with the application for a permit for any new building or structure or building proposed to be moved. B. The Building Official may waive the requirements for such a plat for minor buildings or structures on parcels containing substantial existing development or where a plat has been previously submitted for a permit and where there have been no substantial changes in the elevations of the finished grade. C. The plat shall show the location of all aboveground structures, retaining walls, fences, poles, transformers, overhead power and communication lines, wells, fire hydrants, drainage inlets, culverts, curbs, gutters, sidewalks, and waterways. The plat shall also show the known or reported location of underground structures, such as underground storm drains, water, sewer, gas, power and communication lines, septic tanks, and drainage fields. D. The plat shall be drawn to a scale and shall show contours at intervals of one (1) foot or less on slopes up to three percent (3%) and contours at intervals not more than five (5) feet on slopes more than three percent (3%). Contours shall extend to the center of the street if not improved with curbs and gutters and need extend only to the gutter when improved with curbs and gutters. E. Plat of the entire parcel shall not be required for parcels exceeding one acre located in a R- 1 or A district, however, the following shall be provided: 1. Contours within one hundred (100) feet of any proposed building; 2. Contours or a profile of any existing or proposed access driveway. The Building Official may waive this requirement when the applicant can otherwise demonstrate that the access driveway in conformance with the City standards plans and specifications or in accordance with the Director of Public Works. F. A topographic plat is not required on any lot shown on any subdivision tract map if such tract map was filed within five (5) years prior to the application for a permit. G. The Building Official may require a plat of a property line survey where the exact location of the property line is necessary for the enforcement of any of the provisions of this Chapter. If, after the issuance of a permit, a question arises as to the exact location of the property line, the Building Official may require a property line survey. Whenever a property line survey has been made, the property line shall be located by appropriate stakes or monuments and three copies of a plat of the survey shall be filed with the Building Official. H. Nothing contained herein shall be constructed as relieving the land surveyor or civil engineer from complying with the provisions of the Land Surveyor’s Act, Business and Professions Code, beginning with Section 8700. 7.28.340 Permit—Issuance—Generally. A. If it appears upon examination of the application, plans, specifications and other information furnished by the applicant that the proposed work will conform to the provisions of this Chapter and any other applicable laws, ordinances, rules, and regulations, and upon payment of the prescribed fees, the Building Official shall issue a permit to the applicant. 4.2.e Packet Pg. 206 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 16 of 25 EXHIBIT B B. When the Building Official issues a permit, he shall affix an official stamp of approval on three sets of plans and specifications. One (1) set of plans and specifications shall be retained by the City, one (1) set of plans and specifications shall be kept on the site of the construction or work, and one (1) set of plans and specifications shall be provided to the Office of the Alameda County Assessor. The approved plans shall not be changed without approval of the Building Official. All work authorized by the permit shall be done in accordance with the approved plans. C. Permits are not transferable. D. The set of plans and specifications retained by the City at the time of issuance of the permit shall be retained by the Building Official for a period not less than ninety (90) days from the date of the completion of the work covered therein, except that this provision shall not apply to plans and specifications required to be retained by Section 19850 of the Health and Safety Code of the state of California. 7.28.350 Permit—Issuance—Restrictions. Permits may be issued to any person not acting in violation of Chapter 7, Division 3, of the Business and Professions Code of the State of California (Contractor’s License Law). 7.28.360 Permittee responsibility. It shall be the responsibility of a permittee to assure that all work authorized thereunder is done in accordance with the provisions of this Chapter and any other applicable law, ordinance, rule or regulations, and to make arrangements for the inspection of the work by the Building Official. If after inspection by the Building Official, correction of work completed is necessary, the holder of the permit shall be responsible for such correction. 7.28.370 Granting of permit not approval for violation. A. The issuance of a permit or approval of plans and specifications shall not be construed to authorize any violation of any of the provisions of this Chapter or any other applicable laws, ordinances, rules, or regulations; and any permit or document purporting to give authority to violate this Chapter, or any other law, ordinance, rule or regulation shall not be valid except insofar as the work or use which it authorizes is lawful. B. The issuance of a permit or approval based upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in such plans and specifications or from preventing work being carried out thereunder in violation of this Chapter or any other applicable law, ordinance, rule or regulation. 7.28.380 Permit—Expiration. A. Permits issued pursuant to this Chapter having a valuation of less than one million dollars ($1,000,000) shall expire one year from the date of issuance; and permits having a valuation of over one million dollars ($1,000,000) shall expire in two (2) years from the date of issuance. B. Exception: whenever a permit is issued to correct a violation of this Chapter, or any other law, ordinance, rule or regulation, or to rehabilitate, repair, or demolish a dangerous, substandard, illegal, unsafe or unsanitary building or structure, electrical, plumbing or mechanical installation, or to otherwise abate a nuisance, the Building Official shall establish a reasonable time for the completion of the work. 4.2.e Packet Pg. 207 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 17 of 25 EXHIBIT B C. Where permits for more than one building on the same site or subdivision are issued to the same applicant, the total valuation of all the permits shall be used for determining when the permits expire. 7.28.390 Application— Expiration. A. Every application for a permit shall expire six (6) months after the application and accompanying plans and specifications have been checked by the Building Official. B. Plans and specifications accompanying an expired application may be destroyed ten (10) days from the date of mailing the applicant notice of intention to destroy said plans and specifications. 7.28.400 Permit—Extensions. A. One (1) extension of the expiration date of any permit may be allowed for good cause upon written application therefor prior to the expiration date. Requests for extensions shall indicate the necessary time to complete the application or work and the reasons therefor. B. Where work authorized by any permit has not commenced, extensions shall not be allowed if there have been revisions to any applicable law, ordinance, rule or regulations which would otherwise prohibit the proposed construction. Where work authorized by any permit has commenced any extension shall also require all work to conform to any applicable law, ordinance, rule, or regulation in effect at the time of the extension. C. In requiring compliance with new laws, ordinances, rules or regulations, the Building Official shall consider the practical difficulties in making changes to existing construction and may allow work completed to remain without changes. The Building Official may also allow uncompleted work to proceed in accordance with the original approved plans. D. An extension may be allowed for an application for a permit, but the work shall comply with applicable laws, ordinances, rules, and regulations in effect at the time of issuance of the permit. E. In allowing an extension additional fees may be imposed to cover any additional costs incurred by the City because of the extension. 7.28.410 Building Official—Authority to deny permit. The Building Official may refuse to issue any permit where it cannot be demonstrated that: A. The hazards of land slippage, erosion or settlement will be eliminated; B. The proposed work will not be located on a trace of an active fault; C. The proposed work will conform to Chapters 7.20 and 7.24 of this Title; D. The placement of existing fills has not been subject to continuous inspection by a special inspector as required by Section 1704.7 of the California Building Code/International Building Code; E. The private water supply will conform to Section 601.0 of the California Plumbing Code/Uniform Plumbing Code; F. The private sewage disposal system shall be in conformance with Section 713.0 of the California Plumbing Code/Uniform Plumbing Code; G. Whenever a licensed contractor has failed to make corrections as specified in Sections 7.28.540 through 7.28.580 of this Chapter. 4.2.e Packet Pg. 208 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 18 of 25 EXHIBIT B 7.28.420 Permit—Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Chapter whenever the permit has been issued in error, or on the basis of incorrect information supplied, or in violation of this Chapter or any other applicable laws, ordinances, rules, or regulations. 7.28.430 Fees—Generally. The provisions of this Chapter apply to fees collected by the Building Official. A. The City Council shall, by resolution, adopt a schedule of fees for permits, reinspections, code compliance surveys, moved building inspections, plan and specification storage fees, additional plan checking, hourly rates for inspection services not covered by specific fees, and fees authorized by the Alquist-Priolo Geologic Hazards Zones Act. B. At time of issuance of any permit required by this Chapter, the applicant shall pay the fees as established by resolution of the City Council. C. Where work for which a permit is required by this Chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows: Violation within two-year period Penalty Fee First Equal to the permit fee Second Double the permit fee Third and subsequent Ten times the permit fee The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this Chapter. D. The payment of a penalty fee shall not be required where the work was done two (2) years before the date it was determined that the work was done without a permit. A penalty fee shall not be required when the work was done or caused to be done by a previous owner of the property. E. The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official. The value to be used in computing the building permit and permit processing fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment at the time the permit is issued. 7.28.440 Permit processing fee. Each application for a permit shall be accompanied by a fee equal to forty percent (40%) of the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable. 4.2.e Packet Pg. 209 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 19 of 25 EXHIBIT B 7.28.450 Refunds. A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration of the permit provided that the work authorized under the permit has not commenced. Thirty percent (30%) of the permit fee may be refunded to the applicant after a permit has expired provided that the work has not commenced, but in no case shall any refund be allowed after one (1) year from the date of expiration of the permit. Requests for refund shall be in writing. Any expenses incurred by the City other than the permit processing fee may be deducted from the refund. B. If there was an error in calculating the amount of the permit fee and such error resulted in overpayment of the permit fee, the amount of overpayment may be refunded. 7.28.460 Fees—Partially completed work. A. Where permits expire and the work has not been completed and a new permit is subsequently issued for the completion of the work, the fee for the new permit shall be based upon the fee schedule in effect at the time of issuance of the new permit based on the valuation to complete the work as determined by the Building Official (not on the original valuation assigned to the permit). Completed Inspections Percent of Permit Fee 1. If no inspections have been made 30 2. If a foundation inspection has been made 27 3. If the underground inspections have been made 24 4. If the underfloor frame inspection has been made 21 5. If the rough electric and rough plumbing inspections all have been made 18 6. If the frame inspection has been made 15 7. If the exterior lath inspection has been made 12 8. If the insulation inspection has been made 9 9. If the wallboard inspection has been made 6 B. The fee determined by the foregoing shall be rounded to the nearest dollar. C. The foregoing is intended to apply to conventional wood-frame construction and is based on the number of inspections remaining to be made. Where the work is not conventional wood- frame construction, or does not constitute a complete building, or is a structure other than a building; the Building Official shall establish the fee based upon the number of inspections remaining to be made. The fee so established shall not exceed thirty percent (30%) or be less than six percent (6%); however, in no case shall the fee be less than the minimum permit fee approved under Section 7.28.430 of this Chapter. D. Where a new permit is applied for more than one (1) year after the expiration of the original permit, the fee shall be based on the valuation of the work remaining to be done. The valuation shall be determined by the Building Official based on the cost to complete the work (not on the original valuation assigned to the permit) and the fees shall be based upon the fee schedule in effect at the time of the issuance of the new permit. 4.2.e Packet Pg. 210 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 20 of 25 EXHIBIT B 7.28.470 Additional fees for changes. A. After a permit has been issued, minor changes or additions may be allowed under any permit when approved by the Building Official. However, additional fees shall be required when the permit fee calculated for both the original work and the work in the proposed change exceeds the original permit fee by ten percent (10%). The additional fee shall be the difference between the original fee and the new fee. B. Any change in use or in the number of guest rooms or dwelling units shall require the submission of a new application and the payment of an additional fee. C. Any change which does not increase the amount of the original permit fee by ten percent (10%) but requires additional plan checking shall require the payment of a plan checking fee. D. No refund shall be allowed for changes which would decrease the amount of the permit fee. 7.28.480 Reinspections. Where an inspection is made and corrections are required and said corrections require more than one reinspection, or where an inspection has been called for and the work to be inspected is not ready for inspection, or where the approved plans and specifications are not on the job site, a reinspection fee shall be paid prior to making the reinspection. 7.28.490 Code compliance survey. The owner of any property on payment of the required fee may request an inspection to determine if a building, structure or installation is in compliance with this Chapter and the City zoning ordinance. 7.28.500 Inspection fee—Moved building. Prior to application for permits to move a building, structure, electrical, plumbing or mechanical installation, a moved building inspection shall be required. 7.28.510 Plan and specification storage fee. A plan and specification storage fee shall be paid at the time of issuance of a permit for buildings for plans and specifications that are required to be maintained by Section 19850, Health and Safety Code of the state of California. 7.28.520 Fees for additional plan checking. A rechecking fee shall be paid prior to performing additional plan checking or prior to approval of the plans where incomplete plans and specifications are submitted for checking and complete rechecking is required, or where corrections are not completely or correctly made and additional plan checking is required, or where changes are made to the plans and specifications which require additional plan checking, or when the project involves deferred submittal documents as defined in Section 7.28.310C of this Chapter. 7.28.530 Fees—Other inspection services. The fee for other inspection services provided by the City for which no specific fee is established shall be at an hourly rate. 4.2.e Packet Pg. 211 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 21 of 25 EXHIBIT B Article V. Inspections 7.28.540 Generally. All construction or work for which a permit is required shall be subject to inspection by the Building Official and certain types of construction shall have continuous inspection by special inspectors, as specified in Section 7.28.590 of this Chapter. 7.28.550 Approvals required. A. No work shall be done on any part of the building or structure, electrical, plumbing or mechanical installation beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. Such written approval shall only be given after an inspection shall have been completed for each previous step in the construction. Written approvals may be indicated on an inspection record card which is provided for that purpose. All tests required by this Chapter shall be conducted in the presence of the Building Official. If the work will not pass the test, necessary corrections shall be made and the work shall be retested. B. If the work inspected does not comply with this Chapter or any other applicable law, ordinance, rule, or regulation, written notice shall be given indicating the nature of the violation. Such notice may be delivered to the permittee, or the person in apparent control of the work on the site, or may be posted in a conspicuous place on the site. Refusal, failure or neglect to comply with such notice within ten (10) days shall be considered a violation of this Chapter and any other applicable law, ordinance, rule or regulation. C. Whenever a licensed contractor has failed to make corrections in the time specified in the notice, the Building Official may refuse to issue permits for any other work to be performed by such contractor at any location within the City until all necessary corrections have been made. D. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official conveniently to make the required entries thereon regarding inspection of the work. This card shall be made available by the permit holder until final approval has been granted by the Building Official. 7.28.560 Inspection required before use commences. No work shall be covered, concealed or put to use until it has been tested, inspected, and approved as prescribed by this Chapter and any other applicable law, ordinance, rule or regulation. Any such work which has been covered or concealed before being inspected, tested and approved shall be uncovered for inspection after notice to uncover has been given by the Building Official. 7.28.570 Notification for inspections required. The permittee or his agent shall notify the Building Official when construction work is ready for inspection and make the necessary arrangement for inspection of the work for each of the following inspections: A. Underground. When the excavation for any underground gas, water, sewage, steam, electrical lines, cables or conduits, or any ventilating ducts, septic tanks or fuel tanks or drainage fields, which have been completed and all such lines, cable conduits or ducts and tanks are in place and are ready for any required tests, but before backfilling; 4.2.e Packet Pg. 212 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 22 of 25 EXHIBIT B B. Foundation. When the excavation for foundations is completed and forms and required reinforcing steel are in place but before any concrete is placed; C. Drainage for Retaining Walls. When any required drainage facility is in place but before backfilling; D. Underfloor. When all gas, water, steam, sewage, electrical lines, cables or conduits, or any ventilating ducts are in place and ready for any required tests but before any concrete, wood or steel flooring is placed; E. Underfloor Framing. When all the underfloor framing, bracing and supports are in place and when all underfloor, electrical, plumbing, and mechanical work is in place but before any flooring is installed; F. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including a basement, and prior to further vertical construction, the elevation certification required by the Chapter 7.24 of this code shall be submitted to the Floodplain Administrator; G. Shearwall or Diaphragm. When shearwalls or diaphragms are installed and nailed or otherwise fastened to the structural framework and all hold downs, drag ties, chord splices, and anchor bolts are in place, but before any of the foregoing is covered or concealed; H. Rough. When the roof, walls, floors, framing, bracing and supports are in place and all gas, water, drainage, and vent piping; all electrical cable, conduit, panels, outlets, junction boxes and wiring; all ventilating ducts equipment, vents and flues are in place and ready for any required tests but before any such work is covered or concealed; I. Wood Frame. When all roof, wall, floor, framing, bracing, blocking, and chimneys are in place and all electrical, plumbing and mechanical work is in place but before any such work is covered or concealed; J. Reinforced Concrete. When forms and reinforcing steel, sleeves, and inserts, and all electrical, plumbing and mechanical work is in place but before any concrete is placed; K. Structural Steel. When all structural steel members are in place and all connections are complete but before such work is covered or concealed; L. Reinforced Masonry. In grouted brick masonry when the vertical steel is in place and other reinforcing steel, bolts, anchors, and inserts are distributed. In masonry blocks when the units are laid up, and any reinforcing steel, bolts, anchors, and inserts are in place and when required cleanouts are installed but prior to placing any grout; M. Insulation. When all insulation is in place but before the insulation is covered; N. Lath. When all backing and lathing, interior and exterior, is in place but before any plaster is applied; O. Wallboard. When all wallboard is in place but before joints and fasteners are taped and finished; P. Suspended Ceilings. When the hangers, lighting fixtures, sir diffusers, fire dampers, protective boxes, and the runners and supporting members are in place but before the ceiling is installed; Q. Fire Dampers. When the fire dampers are installed in the openings to be protected but before the ducts are connected; R. Weather exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier systems shall be subject to inspection. Exception: Where special inspections are provided in accordance with Chapter 17 of the Dublin Building Code. 4.2.e Packet Pg. 213 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 23 of 25 EXHIBIT B S. Final. When all construction work including electrical, plumbing and mechanical work, exterior finish grading, required paving, and required landscaping is completed and the building, structure or installation is ready to be occupied or used but before being occupied or used. 7.28.580 Other inspections. In addition to the foregoing called inspections, the Building Official may make or require any other inspection of any construction work to ascertain compliance with the provisions of this Chapter and any other applicable law, ordinance, rule, or regulation. 7.28.590 Special inspections. A. In addition to the inspections required by Sections 7.28.540 through 7.28.580 of this Chapter, special inspections shall be provided in accordance with Chapter 17 of the California Building Code/International Building Code. B. The inspection program required to be submitted in Section 7.28.310 shall designate the portions of the work to have special inspection and indicate the duties of the special inspectors. The special inspector shall be employed by the owner, the architect or engineer of record, or an agent of the owner, but not the contractor or any other person responsible for the work. When structural observation is required by the architect or engineer of record or the Building Official, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. C. Structural observation or special inspection does not include or waive the responsibility for inspections required by Section 1704 of the California Building Code/International Building Code, Section 7.28.570 of this code, or other sections of this code. D. Exception. The Building Official may waive the requirement or the employment of a special inspector if the construction is of a minor nature. 7.28.600 Inspections—Moved buildings, structures, installations or systems. A. Notwithstanding the provisions of Section 7.28.220 of this Chapter, all existing buildings or structures, including all electrical, plumbing or mechanical installations, and all existing electrical, plumbing and mechanical installations which are moved into or within the City shall comply with all the requirements of this Chapter for new buildings, structures, or installation. Moved apartment houses and dwellings may retain existing materials and methods of construction; provided however, this section shall not be interpreted to permit such apartment houses and dwellings to become or continue to be a dangerous building or substandard building. B. Prior to issuance of a permit to move any building, structure, electrical, plumbing or mechanical installation into or within the City, the Building Official shall inspect the building, structure, electrical, plumbing or mechanical installation proposed to be moved for compliance with this Chapter and any other law, ordinance, rule, or regulation. The Building Official may require the applicant to remove all or a portion of the wall or ceiling and any other material to inspect concealed portions of the building, structure, electrical, plumbing or mechanical installation proposed to be moved. If after inspection of the building, structure, electrical, plumbing or mechanical installation proposed to be moved, the Building Official determines that it is not practical to alter the building, structure, electrical, plumbing or mechanical installation so that it will comply with the foregoing provisions, the Building Official may deny the 4.2.e Packet Pg. 214 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 24 of 25 EXHIBIT B application for a permit. The Building Official shall notify the applicant in writing, stating the reason for such denial. C. After the building has been moved it shall be placed upon a new foundation as soon as practical but not later than one hundred twenty (120) days from the time the building was moved to the site. If after one hundred twenty (120) days the building has not been placed on the foundation, said building shall be deemed to be a public nuisance and may be abated in accordance with the procedures specified in Chapter 7.52 of this Title or by any other remedy available at law or in equity. Article VI. Occupancy 7.28.610 Generally. No building, structure, electrical, plumbing, or mechanical installation or portion thereof shall be occupied or used unless the Building Official has made final inspections and approved the work regulated by this Chapter and all work required by other City departments or other agencies has been inspected and approved by such department or agency. 7.28.620 Approval to connect utilities. No person shall supply water, electrical energy, or fuel gas to any building, structure, electrical, plumbing or mechanical installation until the building, structure, electrical, plumbing or mechanical installation has been inspected and approved by the Building Official. The Building Official may withhold approval to supply water, electrical energy, or fuel gas to any building, structure, electrical, plumbing or mechanical installation until there is full compliance with the provisions of this Chapter or compliance with applicable laws, ordinances, rules or regulations enforced by other agencies concerned with the construction of such building, structure, electrical, plumbing, or mechanical installation. 7.28.630 Temporary or partial occupancy. The Building Official may authorize the use or occupancy of all or portions of a building, structure, electrical, plumbing, or mechanical installation prior to completion of the entire building, structure, electrical, plumbing, or mechanical provided that the work completed has been inspected and approved and that no hazard would result by such use or occupancy. The Building Official in granting such authorization may impose any reasonable conditions as may be necessary to protect life, health and property. Such authorization may include a time limit and may be revoked for violation of conditions and shall expire in the time specified. The Building Official may order any person supplying water, electrical energy, or fuel gas to discontinue supplying water, electrical energy, or fuel gas when authorization to use or occupy pursuant to this section has expired or been revoked. 7.28.640 Authority to withhold approval to occupy. A. The Building Official may withhold approval to occupy or use any building, structure, electrical, plumbing or mechanical installations until all fees charged by the City for any zoning application development approval, inspection fee or any other fee has been paid. In the case of a subdivision this provision shall apply to all buildings or structures located within said subdivision. 4.2.e Packet Pg. 215 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) 25 of 25 EXHIBIT B B. The Building Official may withhold approval to occupy or use any building, structure, electrical, plumbing or mechanical installations until all development improvements including off-site improvements have been completed and approved by other City departments or any other agency concerned with said improvements. 4.2.e Packet Pg. 216 At t a c h m e n t : 5 . E x h i b i t B C h a p t e r 7 2 8 D M C 2 0 1 6 B u i l d i n g A d m i n ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 21 EXHIBIT C Chapter 7.32 BUILDING CODE Sections: 7.32.010 Title. 7.32.020 Purpose. 7.32.030 Adoption of Building Codes. 7.32.040 Scope. 7.32.050 Exceptions. 7.32.060 Additions, alterations and repairs-Generally. 7.32.070 Additions, alterations and repairs-Code compliance. 7.32.080 Alterations and repairs-Apartment houses, hotels and dwellings. 7.32.090 Additions-Apartment houses, hotels and dwellings. 7.32.100 Repair of roof covering. 7.32.110 Chapter 1 Division II, Administration-Deleted. 7.32.120 Section 501.2.1, 501.2.2, 5.1.2.3, 501.2.4, Chapter 5, Address illumination. 7.32.130 Section 507.14, Chapter 5, Yard restriction-Added. 7.32.140 Section 706.1, Chapter 7, Fire walls-Amended. 7.32.150 Section 701A.1, Chapter 7A, Scope-Amended. 7.32.160 Section 702A, Chapter 7A, Definitions-Amended. 7.32.170 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 903.2.10.1-Deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, 903.2.11.3, Amended; and Sections 903.2.2.1 and 903.2.20-Added. 7.32.180 Section 1505.1, Chapter 15, Fire Classification-Amended. 7.32.190 Table 1607.1, Chapter 16, Uniform and concentrated live loads- Amended. 7.32.200 Section 1705.3, Exception 1, Chapter 17, Concrete Construction – Amended. 7.32.210 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended. 7.32.220 Section 2304.12.2.5, Chapter 23, Supporting members for permeable floors and roofs-Amended. 7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements-Amended. 7.32.240 Section 2308.6.9, Attachment of Sheathing-Amended. 7.32.250 Section 3115.1, Chapter 31, Prohibited Installations-Added. 7.32.260 Section 3203, Chapter 32, Signs-Added. 7.32.270 Section H101.2, Signs exempt from permits -Deleted. 7.32.280 Section 1010, Appendix Chapter 10, Building security – Added. 4.2.f Packet Pg. 217 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 21 7.32.010 Title. The building codes adopted by section 7.32.030 and the provisions of this Chapter shall constitute the Dublin Building Code and may be referred to as such. 7.32.020 Purpose. The promotion and preservation of the public health, safety and general welfare of the people of the City and the property situated therein have made necessary the adoption of the building codes referred to in Section 7.32.030 in order to adequately safeguard life, health, property, and general welfare. The purpose of this Code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this Code. 7.32.030 Adoption of Building Codes. A. The 2016 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto including the International Building Code, 2015 Edition, including Appendix Chapters, C, F, G, H, and I, as published by the International Code Council, and as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the "IBC") are hereby adopted and incorporated by reference herein. The codes and standards referenced in this code shall be considered part of this code to the prescribed extent of each such reference. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Mechanical, Plumbing, Housing, Fire or Energy Codes, the provisions of these codes as applicable, shall take precedence over the provisions in the referenced code or standard. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. B. Notwithstanding the provisions of Section 7.32.030.A, the State Code and the IBC are amended as set forth in Sections 7.32.110 through 7.32.270. 4.2.f Packet Pg. 218 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 21 7.32.040 Scope. A. The provisions of this Code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, replacement, and maintenance of any building or structure within the City. B. The permissive provision of this Code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation. If two or more pertinent limitations are not identical, those limitations shall prevail which provide greater safety to life, health, property, or public welfare. C. Buildings shall be made accessible to persons with disabilities as required by Title 24 California Code of Regulation. Whenever there is a conflict between the provisions of this Code and Title 24, California Code of Regulations with respect to the accessibility of buildings to the physically handicapped, the provisions of Title 24 shall prevail. 7.32.050 Exceptions. The provisions of this Code shall not apply to: A. Work located in a public street; B. Trailer coaches, campers, mobile homes, motor vehicles, railroad cars, and aircraft; however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all of the provisions of this Code; C. Houseboats or other watercraft; however, if any of the forgoing are stored out of the water and are used for any purpose whatsoever, they shall comply with all of the provisions of this Chapter; D. Towers or poles supporting communication lines or power transmission lines; E. Dams, flood control and drainage structures; F. Portable amusement devices and structures, including merry-go-rounds, ferris wheels, rotating conveyances, slides, similar devices, and portable accessory structures whose use is necessary for the operation of such amusement devices and structures but not including any storage building or detached structure which is not an integral part of the device. G. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Residential Code. 7.32.060 Additions, alterations and repairs-Generally. Buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements of this Code for new buildings or structures except as specifically provided for in this section and Sections 7.32.070 through 7.32.100. 4.2.f Packet Pg. 219 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 4 of 21 7.32.070 Additions, alterations and repairs-Code compliance. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this Code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this Code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this Code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provision of this Code. 7.32.080 Alterations and repairs-Apartment houses, hotels and dwellings. A. The provisions of Section 7.32.070 shall not prohibit the alteration or repair of any legally established existing apartment house, hotel, dwelling or structure accessory thereto which retains, replaces or extends the use of the original materials or continued use of original methods of construction provided such alteration or repair does not create or continue a dangerous building as defined in Section 7.28.200, a substandard building as defined in Section 1001 of the Uniform Housing Code. However, such alteration or repair shall not reduce any required fire resistance below that specified by this Code, reduce the resistance to lateral forces below that specified by this Code, or increase the stress or deflection of any member so as to exceed that specified by this Code. B. The provisions of Section 7.32.070 pertaining to additions shall not require any legally existing apartment house, hotel, dwelling, or structure accessory thereto to be made to conform to the provisions of this Code solely because of the construction of the addition. However, this section shall not be constructed to permit the addition to increase the stress or deflection of any existing member so as to exceed that specified by the building code. Whenever an addition increases the number of occupants which must exit through the existing building all of the exit facilities serving the increased number of occupants shall comply with the provisions of this Code. Whenever a new dwelling unit is created either by new construction, or by an alteration to an existing building, separate gas and electrical meters shall be provided. 7.32.090 Additions-Apartment houses, hotels and dwellings. Notwithstanding the provisions of Section 7.28.220, whenever alterations, repairs, or additions requiring a permit or one (1) or more sleeping rooms are added or created in 4.2.f Packet Pg. 220 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 5 of 21 existing Group R Occupancies, the entire building shall be provided with smoke alarms and carbon monoxide alarms located as required for new Group R Occupancies. Furthermore, spark arrestors shall be installed on all chimneys connected to solid burning fuel-burning appliances. 7.32.100 Repair of roof covering. Roof coverings may be repaired or replaced with materials as set forth in Section 7.32.180. 7.32.110 Chapter 1 Division II, Administration-Deleted. Chapter 1 Division II is deleted. 7.32.120 Sections 501.2.1, 501.2.2, 501.2.3, 501.2.4, Chapter 5, Address illumination. Sections 501.2.1, 501.2.2, 501.2.3, 501.2.4 are added to read: 501.2.1 The address number(s) shall be illuminated during the hours of darkness. The light source shall be provided with an uninterruptible AC power source or controlled by a photoelectric device. 501.2.2 Exterior doors in commercial tenant space numbers shall be addressed as required in section 501.2. Exception, dual doors may have the addresses on one door or centered above the doors. In addition, all rear doors or service doors will have the name of the business in 4-inch high lettering. 501.2.3 No other number may be affixed to a structure that might be mistaken for, or confused with, the number assigned to the structure. 501.2.4 The assigned address, including the suite number, shall be displayed on all electric meters in accordance with utility company standards. 7.32.130 Section 507.14, Chapter 5, Yard restriction-Added. A new Section 507.14 is added to read: 507.14 Yard Restriction. The increase in area permitted by Sections 506.3, 507.1 through 507.13 of this Section shall not be allowed unless or until the owner of the required yard shall file an agreement binding such owner, his heirs, and assignees, to set aside the required yard as unobstructed space having no improvements. Such agreement shall be recorded in the Alameda County Recorder's Office. 4.2.f Packet Pg. 221 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 6 of 21 7.32.140 Section 706.1, Chapter 7, Fire walls-Amended. Section 706.1 is amended by adding a new subsection 706.1.2 to read: 706.1.2 Fire walls shall not be considered to create separate buildings for the purpose of automatic fire-sprinkler system requirements as set forth in Chapter 9. Exception: Buildings separated by continuous fire walls of four-hour fire- resistive construction without openings. Buildings required to have automatic fire- sprinkler protection as set forth in Section 13113 of the Health and Safety Code are prohibited from using fire walls in lieu of automatic fire-sprinkler protection. 7.32.150 Section 701A.1, Chapter 7A, Scope-Amended. Section 701A.1 is amended to read: 701A.1 Scope. This Chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings located within a Wildland-Urban Interface Fire Area as defined in Section 702A or adjacent to open space or undeveloped land. 7.32.160 Section 702A, Chapter 7A, Definitions-Amended. Section 702A is amended to add the following definitions: Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a point of contact with open space. Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which have a point of contact with Undeveloped Land. Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to remain permanently undeveloped. Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land which is available for development but no Tentative Map, Master Tentative Map or Development Agreement has been approved, and any land designated for government use for which no development plan has been approved. 7.32.170 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1-Deleted; Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, 903.2.11.3, Amended; and Sections 903.2.2.1 and 903.2.20-Added. 4.2.f Packet Pg. 222 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 7 of 21 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.10.1 are deleted, Sections 903.2.1.1#1, 903.2.1.2#1, 903.2.1.3#1, 903.2.1.4#1, 903.2.3#1, 903.2.4, 903.2.7#1, 903.2.9, and 903.2.11.3, are amended to read as follows, and Sections 903.2.1.1, and 903.2.20 are added to read as follows: 903.2.1.1 Group A-1 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.2 Group A-2 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.3 Group A-3 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.1.4 Group A-4 Occupancies. 1. Where the floor area exceeds 3,000 square feet (279 m²). 903.2.2.1 Group B Occupancies. An automatic fire-extinguishing system shall be installed in Group B occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.3 Group E Occupancies. 1. An automatic fire-extinguishing system shall be in Group E, occupancies where the floor area exceeds 3,000 square feet (279 m²). 903.2.4 Group F Occupancies. An automatic fire sprinkler system shall be installed in all Group F occupancies where the floor area exceeds 2,500 square feet (232 m²). (Section 903.2.4.1 is deleted) 903.2.7 Group M Occupancies. 1. An automatic sprinkler system shall be installed in Group M occupancies where the floor area exceeds 2,500 square feet (232 m²). 903.2.9 Group S Occupancies. An automatic sprinkler system shall be installed in all Group S occupancies as follows: 4.2.f Packet Pg. 223 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 8 of 21 1. Where the floor area exceeds 2,500 square feet (232 m²); 2. Buildings with repair garages servicing vehicles parked in basements. (Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1 are Deleted) 903.2.11.3 Buildings Three or More Stories in Height. An automatic sprinkler system shall be installed in all occupancies, regardless of type of construction, if the building is three or more stories or more than 35 feet in height measured from the pad grade level to the highest point of the building. An automatic sprinkler system shall be installed in all other occupancies as may be required by the 2016 California Building Code. 903.2.20 All Occupancies. Automatic fire-extinguishing systems shall be installed in all occupancies located more than 1½ miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line. Buildings containing portions which are required to have an automatic fire extinguishing system because of the number of stories shall have the automatic fire extinguishing system installed throughout and fire walls as set forth in Section 706 shall not be considered as creating separate buildings for the purpose of this section. Whenever an addition is made to an existing building automatic fire- extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitations set forth in this section. Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in that portion of the building housing the new use. 7.32.180 Section 1505.1, Chapter 15, Fire Classification-Amended. Section 1505.1 is amended to read: 1505.1 General. Roof Assemblies shall be divided into the classes defined below. Class A, B, and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with the following: 1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe Roof areas. Said map may be amended from time to time by including areas which are annexed to the City within one of the two roofing areas. Said amendments may be 4.2.f Packet Pg. 224 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 9 of 21 made by the Building Official after consultation, with the Chief of the Fire Department having jurisdiction. 2. Roofing Area 1. Any new roof and any alteration, repair or replacement for buildings housing R & U occupancies in Roofing Area 1 shall use roof covering material that conforms to Class B or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 3. Roofing Area 2. Any new roof for buildings using roof covering material that conforms to Class C or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 4. Other Occupancies. Any new roof covering and any alterations, repairs or replacement of roof covering material for buildings housing all other occupancies shall conform to the requirements as set forth in Roofing Area 1. * Editor's Note: Figure 15-1 is on file in the office of the City Clerk. 7.32.190 Table 1607.1, Chapter 16, Uniform and concentrated live loads- Amended. Table 1607.1 is amended by adding a new Footnote O to read: O. Bridges for vehicular traffic shall be designed for H20 loading as designated by the American Association of State Highway Officials. 7.32.200 Section 1705.3 Exception 1, Chapter 17, Concrete Construction – Amended. Section, 1705.3 Exception 1 is amended to read: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa). 7.32.210 Section 1905.1.7, Chapter 19, ACI 318, Section 14.1.4-Amended. Section 1905.1.7, Delete ACI 318, Section 14.1.4 and replace with the following: 14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F. 14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows: (a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. 4.2.f Packet Pg. 225 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 10 of 21 Exception: In detached one- and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness. (b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. Exception: In detached one- and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross – sectional area of the footing. 7.32.220 Section 2304.12.2.5, Chapter 23, Supporting members for permeable floors and roofs-Amended. Section 2304.12.2.5, is amended to read: 2304.12.2.5 Supporting members for permeable floors and roofs. Wood structural members that support moisture-permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative-treated wood unless separated from such floors or roofs by an impervious moisture barrier. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture-permeable floor topping. 7.32.230 Table 2308.6.1, Chapter 23, Wall Bracing Requirements–Amended. Table 2306.6.1 is amended by adding new footnotes “f” and “g” to read: f. Method GB does not apply in Seismic Design Category D and E. g. Method PCP in Seismic Design Category D and E is limited to single story U occupancies. 7.32.240 Section 2308.6.9, Attachment of Sheathing-Amended. Section 2308.6.9, is amended by adding a second paragraph: All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each 4.2.f Packet Pg. 226 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 11 of 21 top corner and at maximum 24 inches (6096 mm) intervals along the top plate of discontinuous vertical framing. 7.32.250 Section 3115.1, Chapter 31, Prohibited Installations-Added. A new Section 3115.1 is added to read: 3115.1 Prohibited Installations. It shall be unlawful to install a wood burning fireplace or appliance that is not one of the following: 1) Pellet-fueled wood heater, 2) EPA certified wood heater, 3) Fireplace certified by EPA 7.32.260 Section 3203, Chapter 32, Signs-Added. A new Section 3203 is added to read: 3203 Signs. Signs when placed flat against the wall of a building shall not project beyond the front property line more than 12 inches (305mm). 7.32.270 Section H101.2, Signs exempt from permits -Deleted. Section H101.2 is deleted. 7.32.280 Section 1010, Appendix Chapter 10, Building security – Added. Appendix Chapter 10 is added to read: Section 1010 building security shall be in accordance with the Uniform Building Security Code in addition to the following: * Editor's Note: See Chapter 7.34 Residential Code for single family or townhouse requirements. (A) Addressing. All buildings shall be addressed as follows: (1) Walkways serving more than 5 individual units where the front entrance is not parallel to the street and driveways servicing more than 5 individual dwelling units shall have minimum of 4 inch high identification numbers, noting the range of unit numbers placed at the entrance to each driveway at a height between 36 and 42 inches above grade. The address numbers shall be illuminated during the hours of darkness. The light source shall be provided with an uninterruptible AC power source or controlled only by a photoelectric device. (2) There shall be positioned at each street entrance of a multi- family complex having more than one structure, an illuminated diagrammatic representation (map) of the complex that shows the location of the viewer and the unit designations within the complex. It shall be lighted during the hours of darkness utilizing a light source, which is constructed of weather and vandal resistant materials and provided with an 4.2.f Packet Pg. 227 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 12 of 21 uninterruptible AC power source or controlled by a photoelectric device. Nothing in this section shall preclude the requirement for circuit protection devices where applicable. (3) If the building is adjacent to an alley, the number shall also be placed on or adjacent to the rear gate accessing the alley. Any building with vehicular access to the rear through a public or private alley shall display, in a clearly visible location, a highly reflective or illuminated address number a minimum of four (4) inches in height. (4) Where more than 1 building is accessed by a common street entrance or there are multiple buildings on the same lot, each principal building shall display the number or letter assigned to that building on each corner of the building, as determined by the Building Official. These numbers shall be made visible during the hours of darkness. The street name may also be required when there is a secondary street frontage. (5) Addressing shall not be obstructed by architectural structures such as trellises, arbors, balconies, light fixtures and or landscaping. (6) In Commercial Day Care or Education facilities, all interior and exterior doors shall be provided with a room number on the door. A map of the facilities detailing location of all rooms and their uses shall be kept on file at the facilities on-site office. (B) Exterior Openings. Exterior opening shall be as follows: (1) Swinging exterior wood and steel doors shall be equipped as follows: (a) A single or double door shall be equipped with a double or single cylinder deadbolt. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths (3/4) inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth (1/4) inch in diameter. The provisions of the this paragraph do not apply where: (a) panic hardware is required, (b) conflicts with emergency egress requirements of the building and fire codes or (C) an equivalent device is approved by the authority having jurisdiction. (b) Doorstop on a wooden jamb for an in-swing door shall be of one-piece construction with the jamb joined by a rabbet. (c) For the purpose of this section, doors leading from garage areas into a dwelling are exterior doors. (2) Double doors shall be equipped as follows: 4.2.f Packet Pg. 228 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 13 of 21 (a) The inactive leaf of double door(s) shall be equipped with metal flush bolts have a minimum embedment of five-eighths (5/8) inch into the head and threshold of the doorframe. (b) Double doors shall have an astragal constructed of steel a minimum of .125 inch thick, which will cover the opening between the doors. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non-removable bolts spaced apart on not more than ten (10) inch centers. (The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority.) (3) Aluminum frame swinging doors shall be equipped as follows: (a) The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1,600 pounds of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike, to prevent violation of the strike. (b) A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one (1) inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five pin tumblers and a cylinder guard. (4) Panic hardware, whenever required by the California Building Code or Title 19, California Administration Code, shall be installed as follows; (a) Panic hardware shall contain a minimum of two (2) locking points on each door; or (b) On single doors, panic hardware may have one locking point, which is not to be located at either the top or bottom frame. The door shall have an astragal constructed of steel .125 inch thick, which shall be attached with non-removable pins to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. (c) Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point, which will close the opening between them, but not interfere with the operation of either door. (The astragal shall not interfere with the safe operation of emergency egress). (5) Horizontal or Sliding Doors shall be installed as follows: 4.2.f Packet Pg. 229 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 14 of 21 (a) In commercial occupancies, horizontal sliding doors shall be equipped with a metal guide track at top and bottom and a cylinder lock and/or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum five pin tumbler operation with non-removable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position. (b) In residential occupancies, locks shall be provided on all sliding patio doors. The lock bolt on all glass patio doors shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearance provided for installation and operation. The strike area shall be of material adequate to maintain effectiveness of bolt strength. (c) Sliding patio glass doors opening onto patios or balconies which are less than one story above grade or are otherwise accessible from the outside shall have the moveable section of the door sliding on the inside of the fixed portion of the door or possess an approved secondary lock mounted on interior of moveable section. (6) In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. (7) In commercial occupancies, windows shall be deemed accessible if less than twelve (12) feet above the ground. Accessible windows having a pane exceeding ninety- six (96) square inches in an area with the smallest dimension exceeding six (6) inches and not visible from a public or private thoroughfare shall be protected with burglary resistant glazing or other approved methods as determined by the Building Official. (8) Side or rear windows of the type that can be opened shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with a hardened steel shackle, a minimum four pin tumbler operation. (9) Protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be operable by the California Building Code. (10) All exterior transoms exceeding ninety-six (96) square inches on the side and rear of any building or premises used for business purposes shall be protected with burglary resistant glazing or other approved methods as determined by the Building Official. (11) Roof openings shall be equipped as follows: (a) All skylights on the roof of any building or premises used by business purposes shall be provided with: (1) Rated burglary resistant glazing; or 4.2.f Packet Pg. 230 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 15 of 21 (2) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x ¼) inch flat steel material under the skylight and securely fastened; or (3) Steel grills of at least one-eighth (1/8) inch material with a maximum two (2) inches mesh under the skylight and securely fastened. (4) A monitored intrusion alarm system. The system shall be kept operable at all times. The Chief of Police may require periodic testing of the alarm system to verify proper operation. (b) All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: (1) If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) U.S. gauge sheet metal, or its equivalent, attached with screws. (2) The hatchway shall be secured from the inside with a slide bar or slide bolts. (Fire Department approval may be desired.) (3) Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges. (c) All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: (1) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1 x ¼) inch flat steel material spaced no more than five (5) inches apart and securely fastened; or (2) Iron or steel grills of at least one-eighth (1/8) inch material with a maximum two (2) inch mesh and securely fastened. (3) If the barrier is on the outside, it shall be secured with bolts which are non-removable from the exterior. (4) The above must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the California Building Code or Title 19, California Administrative Code. (12) Exterior roof ladders shall not be permitted. (13) Exterior electrical or phone panels are not permitted in commercial occupancies. 4.2.f Packet Pg. 231 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 16 of 21 (14) Separation walls for individual commercial tenant spaces housed within a common structure shall be solid and continuous from the structure's foundation to roof or floor / ceiling assembly. (15) Intrusion Devices. (a) If the enforcing authority determines that the security measures and locking devices described in this Chapter do not adequately secure the building, due to special conditions, he/she may require the installation and maintenance of an intrusion device (burglar alarm system). (C) Landscaping. (1) Shrubs and ground cover shall not directly cover windows and doorways. (2) River rock used near parking lots or buildings shall be permanently affixed. (3) Open space and buildings shall be arranged to afford visibility and opportunity for surveillance by on-site users and passers-by. (4) Barriers, both real and symbolic, shall be designed to afford opportunities for surveillance through the barrier. (5) For residential development, backyard gates shall be the full height of the wall or fence adjacent and capable of being locked. (6) For residential development, walls or fences, if installed, shall be a minimum of 6 feet in height when adjacent to any of the following: Reverse frontage Retention/detention areas Parks Commercial areas Industrial areas Bike paths (D) Lighting. Lighting of buildings or complexes shall at a minimum be illuminated as follows: (1) A site plan shall be provided showing buildings, parking areas, walkways, detailed landscaping and a point by point photometric calculation of the required light levels. (2) All exterior entrances shall be illuminated with a uniformly maintained minimum level of one foot candle of light between ground level and 6 vertical feet within a minimum radius of 15 feet from the center of the entrance between sunset and sunrise. 4.2.f Packet Pg. 232 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 17 of 21 (3) Postal Service “gang boxes” (group postal boxes) shall be illuminated with a uniformly maintained minimum level of one foot candle of light. (4) Lighting of all exterior areas shall be designed to maximize surveillance and reduce conflicts with building design, mature landscaping, and to minimize glare. (5) Open stairways shall be illuminated with a minimum maintained five-tenths (0.5) foot-candle of light in all landings and stair treads between sunset and sunrise. Enclosed stairways and enclosed common corridors shall be illuminated at all times with a minimum maintained one-foot candle of light on all landings and stair treads. (6) Private streets, alleys, and emergency access roads shall be illuminated using the same standards as established for public thoroughfares. (7) Aisles, passageways, pedestrian walkways and recessed areas related to and within a building, a building complex, or providing access to a building or building complex from a parking lot or right of way shall be illuminated with a minimum uniformly maintained minimum level of one foot candle of light between ground level and six vertical feet between sunset and sunrise or other methods approved by the Building Official. (8) Open parking lot and/or carport and refuse areas shall be provided with and maintained to a minimum of one foot-candle of light on the parking surface. The Building Official may approve a lower light level, if it can be demonstrated that the lower level provides for sufficient security lighting. (9) Covered parking lots or covered portions of parking lots shall be illuminated with a uniformly maintained minimum level of one-foot candle of light between ground level and 6 vertical feet between sunset and sunrise. Lighting shall be designed so that architectural or structural features do not obstruct the minimum light coverage. (10) Parking structures or enclosed or partially enclosed parking lots shall be illuminated with a uniformly maintained minimum level of two foot candles of light between ground level and 6 vertical feet between sunrise and sunset (daylight hours). (11) Lighting fixtures shall be so arranged as to illuminate light uniformly over the parking surface and be tamper resistant. (12) Public rest rooms, rooms identified for the general public and children’s recreation areas shall be provided with emergency lighting meeting section 1006 of this Code. All light sources required by this section shall be: (a) controlled by a photocell device or a time clock that will turn the lights on at dusk and off at dawn and (b) protected by weather and vandal resistant covers. 4.2.f Packet Pg. 233 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 18 of 21 (E) Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the following standards; (1) Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with the locking hardware being attached to the support framing. (2)Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of 18 inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within 3 inches of the strike area of the pilot or pedestrian access door. (3) Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential structures shall have a density not less than 5 ounces per square foot. (4) Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the door; or, of the door does not exceed 19 feet, a single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. (5) Doors with slide bolt assemblies shall have frames a minimum of .120 inches of thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one half (1 ½) inches into the receiving guide. A bolt diameter of three-eighths (3/8) inch may be used in a residential building. The slide bolt shall be attached to the door with non-removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. (6) Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle locking at both heel and toe and a minimum five pin tumbler operation with non- removable key when in an unlocked position. Padlocks used with interior mounted slide bolts shall have a hardened steel shackle with a minimum 4-pin tumbler operation. (F) Emergency Access (1) Private roads and parking areas or structures controlled by unmanned mechanical parking type gates shall provide for emergency access as follows: Radio frequency access or by providing the gate access code for distribution to emergency responders. When an access code is to be utilized, an illuminated control box is to be mounted on a control pedestal consisting of a metal post/pipe, which shall be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver’s side of the road or driveway and accessible in such a manner as to not require a person to exit their vehicle to reach it, 4.2.f Packet Pg. 234 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 19 of 21 nor to drive on the wrong side of the road or driveway, nor to require any back-up movements in order to enter/exit the gate. (2) Non-residential multi-tenant buildings utilizing electronic access control systems on the main entry doors, and enclosed retail shopping centers shall be provided with a means to allow for police emergency access. (3) Pedestrian gates/doors using an electromagnetic type lock shall install a key switch within a telephone/intercom console or in a control housing, or other method approved by the Building Official that will provide for police emergency access. Options include radio frequency access or providing the gate access code for distribution to emergency responders. (4) All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling units, and gates or doors to common walkways or hallways of residential complexes where there are 4 or more dwelling units within the complex, shall provide for police emergency access utilizing an approved key switch device or approved Knox box. The Knox box shall be installed adjacent to each gate/door, securely attaching it to a fence or wall or location approved by the Building Official. (5) Pedestrian gate doors utilizing mechanical locks shall install a Knox box adjacent to each gate/door, securely attaching it to a fence or wall (G) Keying requirements Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same site development review, shall have locks using combinations that are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. (H) Laundry rooms or areas: Common area laundry rooms in multi-family complexes shall be designed and protected as follows: (1) Entry doors shall have: (a) A minimum six hundred (600) square inch clear vision panel in the upper half of the door, consisting of ¼” tempered glass; (b) Automatic, hydraulic door closures; (c) Self-locking door locks equipped with a deadlocking latch allowing exiting by a single motion and openable from the inside without the use of a key or any special knowledge or effort; (d) Non-removable hinge pins for out-swinging doors to preclude removal of the door from the exterior by removing the hinge pins; and 4.2.f Packet Pg. 235 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 20 of 21 (e) A latch protector consisting of minimum 0.125-inch-thick steel attached to the door’s exterior by non-removable bolts from the exterior. It shall be two (2) inches wide and extend a minimum of five inches above and below the strike opening and extend a minimum of one (1) inch beyond the edge of the door. It shall have a metal anti-spread pin a minimum of one-half (1/2) inch in length. (2) The laundry room shall be illuminated at all times with a minimum maintained one-foot candle of light at floor level, using a non-interruptible power source. There shall be no light switches inside the room that control light fixtures used to meet this lighting requirement. (3) Any portion of an openable window which is within eight (8) feet vertically or six (6) feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar surface, or any climbable pole or tree, or any surface providing a foothold, shall be secured as required by section 1018 of the Uniform Building Security Code. (4) The interior of laundry rooms shall be visible from the exterior along common walking or driving surfaces. Perimeter windows and interior mirrors may be utilized to meet this requirement. Laundry rooms are to be located in high activity areas with natural surveillance opportunities and not in remote or isolated locations. (I) Elevators Elevators shall be designed as follows: Elevator cabs, the interiors of which are not completely visible when the door is open from a point centered on the 36 inches away from the door shall have shatter resistant mirrors or other equally reflective material so placed as to make visible the entire elevator cab from this point. The elevator cab shall be illuminated at all times with a minimum maintained 2 foot candles of light at floor level. (J) Stairways Except for private stairways, Stairways shall be designed as follows: (1) Interior doors shall have glazing panels a minimum of 5 inches wide and 20 inches in height and meet requirements of the California Building Code. (2) Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted. (3) Enclosed stairways shall have shatter resistant mirrors or other equally reflective material at each level and landing and be designed or placed in such manner as to provide visibility around corners. (K) Parking structures. 4.2.f Packet Pg. 236 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 21 of 21 (1) Parking structures shall be designed to restrict unauthorized access. (2) Outside stairwells shall be open and not obstructed from view (3) Security telephones with monitoring capability shall be located on every level adjacent to pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 200 feet but less than 300 feet apart, additional security telephones shall be located at the midpoint between pedestrian ingress/egress points. If pedestrian ingress/egress points are more than 300 feet apart, security telephones will be located at 100 foot intervals. Security telephones shall be visible from all vehicular and pedestrian ingress/egress points and identified with appropriate signage. (4) Blind corners shall be provided with shatterproof convex mirrors to improve visibility for both operators of vehicles and pedestrians. (5) Doors shall be labeled with signage meeting the requirements of section 501.2 (6) Parking structures shall have the ceiling area of each floor or tier painted and maintained white or other reflective color approved by the Building Official. (L) Other requirements (1) Storage Areas. Exterior storage area attached to a dwelling, apartment or condominium and enclosed by a door shall comply with this section or have a minimum 3/8” diameter hardened padlock hasp. (2) Side Gates. Side gates shall be the full height of the adjacent fence or wall and be capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch and protrude at least one and one-half (1 ½) inches into the receiving guide. The slide bolt shall be attached to the gate with non-removable bolts. Rivets shall not be used to attach slide bolt assemblies. The slide bolt shall be mounted at a height that is not accessible by reaching over the gate. 4.2.f Packet Pg. 237 At t a c h m e n t : 6 . E x h i b i t C C h a p t e r 7 3 2 D M C 2 0 1 6 B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 11 EXHIBIT D Chapter 7.34 RESIDENTIAL CODE Sections: 7.34.010 Title. 7.34.020 Purpose. 7.34.030 Adoption of Residential Codes. 7.34.040 Scope. 7.34.050 Additions, alterations and repairs-Generally. 7.34.060 Additions, alterations and repairs-Code compliance. 7.34.070 Alterations and repairs. 7.34.080 Additions. 7.34.090 Repair of roof covering. 7.34.100 Chapter R1, Division II, Administration- Deleted. 7.34.110 Table R301.2(1), Chapter R3 – Amended. 7.34.120 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler Systems – Amended. 7.34.130 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler Systems – Amended. 7.34.140 Section R313.3, including tables – Deleted. 7.34.150 Section R319.2, Chapter R3, Site Address - Added. 7.34.160 Section R327.1.1 Chapter R3, Scope – Amended. 7.34.170 Section R327.2 Chapter R3, Definitions – Amended. 7.34.180 Section R350, Chapter R3, Building Security – Added. 7.34.190 Section R403.1.3, Chapter R4, Seismic reinforcing – Amended. 7.34.200 Table R602.10.3(3), Chapter R6, Bracing Requirements – Amended. 7.34.210 Section R602.10.4.4, Chapter R6, Limits on methods GB and PCP – Added. 7.34.220 Section R902, Chapter 9, Roof Classification-Amended. 7.34.230 Section R1001.1.2 Chapter 10, Prohibited Installations—Added. 7.34.240 Chapters 11 through 43 are Deleted. 7.34.010 Title. The residential codes adopted by section 7.34.030 and the provisions of this Chapter shall constitute the Dublin Residential Code and may be referred to as such. 7.34.020 Purpose. The promotion and preservation of the public health, safety and general welfare of the people of the City and the property situated therein have made necessary the adoption of the residential codes referred to in Section 7.34.030 in order to adequately safeguard life, health, property, and general welfare. The purpose of this Code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this Code. 4.2.g Packet Pg. 238 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 11 7.34.030 Adoption of Residential Codes. A. The 2016 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto including the International Residential Code,2015 Edition, including Appendix Chapter H as published by the International Code Council, and as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the "IRC") are hereby adopted and incorporated by reference herein. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. B. Notwithstanding the provisions of Section 7.34.030.A, the State Code and the IRC are amended as set forth in Sections 7.34.100 through 7.34.240. 7.34.040 Scope. A. The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every detached one- and two-family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and accessory structures not more than three stories above grade plan in height throughout the City. B. Exception 1: Live/work units located in townhouses and complying with the requirements of Section 419 of the California Building Code Title 24 part 2, shall be permitted to be built in accordance with this code.. Fire suppression required by Section 419.5 of the California Building Code when constructed under the California Residential Code for One- and Two- family Dwellings shall conform to Section R313. Exception 2: Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the California Residential Code for One- and Two- family Dwellings when equipped with a fire sprinkler system in accordance with Section R313. C. The permissive provision of this Code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation. If two or more pertinent limitations are not identical, those limitations shall prevail which provide greater safety to life, health, property, or public welfare. D. Buildings shall be made accessible to persons with disabilities as required by Title 24 California Code of Regulation. Whenever there is a conflict between the provisions of 4.2.g Packet Pg. 239 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 11 this Code and Title 24, California Code of Regulations, the provisions of Title 24 shall prevail. E. See the California Energy Code for energy conservation requirements, California Mechanical Code for mechanical requirements, California Plumbing Code for plumbing requirements and the California Electrical Code for electrical requirements. In addition, see the California Building Code for interior environment requirements. 7.34.050 Additions, alterations and repairs-Generally. Buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements of this Code for new buildings or structures except as specifically provided for in this section and Section 7.34.060 through 7.34.090. 7.34.060 Additions, alterations and repairs-Code compliance. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this Code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this Code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this Code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provision of this Code. 7.34.070 Alterations and repairs. A. The provisions of Section 7.34.060 shall not prohibit the alteration or repair of any legally established existing one- and two-family dwelling or townhouse not more than three stories above grade plane in height with a separate means of egress or structure accessory thereto which retains, replaces or extends the use of the original materials or continued use of original methods of construction provided such alteration or repair does not create or continue a dangerous building as defined in Section 7.28.020, a substandard building as defined in Section 1001 of the Uniform Housing Code. However, such alteration or repair shall not reduce any required fire resistance below that specified by this Code, reduce the resistance to lateral forces below that specified by this Code, or increase the stress or deflection of any member so as to exceed that specified by this Code. B. The provisions of Section 7.34.060 pertaining to additions shall not require any legally existing one- and two-family dwelling or townhouse not more than three stories 4.2.g Packet Pg. 240 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 4 of 11 above grade plane in height with a separate means of egress, or structure accessory thereto to be made to conform to the provisions of this Code solely because of the construction of the addition. However, this section shall not be constructed to permit the addition to increase the stress or deflection of any existing member so as to exceed that specified by the Building Code. Whenever an addition increases the number of occupants which must exit through the existing building all of the exit facilities serving the increased number of occupants shall comply with the provisions of this Code. Whenever a new dwelling unit is created either by new construction, or by an alteration to an existing building, separate gas and electrical meters shall be provided. 7.34.080 Additions. Notwithstanding the provisions of Section 7.28.220, whenever alterations, repairs, or additions requiring a permit or one (1) or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke alarms and carbon monoxide alarms located as required for new Group R, Division 3 Occupancies. Furthermore spark arrestors shall be installed on all chimneys connected to solid burning fuel-burning appliances. 7.34.090 Repair of roof covering. Roof coverings may be repaired or replaced with materials as set forth in Section 7.32.180 of the Dublin Municipal Code. 7.34.100 Chapter R1, Division II Administration-Deleted. Chapter R1 Division II is deleted. 7.34.110 Table R301.2(1), Chapter R3 – Amended. Table R301.2(1) is amended to read: GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf SUBJECT TO DAMAGE FROM WINTER DESIGN TEMPe ICE BARRIER UNDERLAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj Speedd (mph) Topographic effectsk Special wind region Wind- borne debris zonem Weatheringa Frost line depthb Termite N/A 110 NO NO NO D2 Negligible 12” Very Heavy 33º NO 9-14- 87 0-1000 58.7 7.34.120 Section R313.1 Exception, Chapter R3 Automatic Fire Sprinkler Systems – Amended. Section R313.1 Exception is amended to read: Exception: An automatic residential fire sprinkler systems shall not be required for additions or alteration to existing building that are not already provided with an automatic residential sprinkler system, provided that the total square footage of the existing building plus the addition does not exceed 3600 square feet (334m²). Additions or alteration that remove 50 percent or more of the existing exterior walls of a dwelling shall be considered a new dwelling for the purposes of Section R313.1. 4.2.g Packet Pg. 241 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 5 of 11 7.34.130 Section R313.2 Exception, Chapter R3 Automatic Fire Sprinkler Systems – Amended. Section R313.2 Exception is amended to read: Exception: An automatic residential fire sprinkler systems shall not be required for additions or alteration to existing building that are not already provided with an automatic residential sprinkler system, provided that the total square footage of the existing building plus the addition does not exceed 3600 square feet (334m²). Additions or alteration that remove 50 percent or more of the existing exterior walls of a dwelling shall be considered a new dwelling for the purposes of Section R313.2. 7.34.140 Section R313.3, including tables, Chapter R3-deleted. Section R313.3, including tables is deleted. 7.34.150 Section R319.2, Chapter R3, Site Address - Added. Section R319.2, is added to read: R319.2 Address Location. Address shall be installed in the following locations: 1 Driveways servicing more than 5 individual dwelling units shall have minimum of 4 inch high identification numbers, noting the range of unit numbers placed at the entrance to each driveway at a height between 36 and 42 inches above grade. The address numbers shall be illuminated during the hours of darkness. The light source shall be provided with an uninterruptible AC power source or controlled only by a photoelectric device. 2. No other number may be affixed to a structure that might be mistaken for, or confused with, the number assigned to the structure. 3. If the building is adjacent to an alley, the number shall also be placed on or adjacent to the rear gate accessing the alley. 4. For multifamily buildings with recessed entryway over 2 feet, an additional lighted address shall be placed at the entryway to the recessed area. If the recessed area provides access to more than one dwelling unit, the range of units shall be displayed. 5. Each principal building of a multifamily complex shall display the number or letter assigned to that building on each corner of the building at a height that will prevent the number from being obscured by landscaping. 6. Any building with vehicular access to the rear through a public or private alley shall display, in a clearly visible location, a highly reflective or illuminated address number a minimum of four (4) inches in height. 7. Address numbers shall not be obstructed by architectural structures such as trellises, arbors, balconies, light fixtures and or landscaping. 4.2.g Packet Pg. 242 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 6 of 11 7.34.160 Section R337.1.1 Chapter R3, Scope – Amended. Section R337.1.1 is amended to read: R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings located within a Wildland-Urban Interface Fire Area as defined in Section R302.2A or adjacent to open space or undeveloped land. 7.34.170 Section R337.2 Chapter R3, Definitions – Amended. Section 337.2 is amended to add the following definitions: Adjacent to Open Space. Shall mean commercial parcels and residential lots which have a point of contact with open space. Adjacent to Undeveloped Land. Shall mean commercial parcels and residential lots which have a point of contact with Undeveloped Land. Open Space. For the purpose of this Chapter, Open Space shall mean those lands set aside to remain permanently undeveloped. Undeveloped Land. For the purpose of this Chapter, Undeveloped Land shall mean land which is available for development but no Tentative Map, Master Tentative Map or Development Agreement has been approved, and any land designated for government use. 7.34.180 Section R350, Chapter R3, Building Security – Added. Section R350 is added to read: R350.1 Building Security. Residential building security shall be in accordance with the Uniform Building Security Code in addition to the following: R350.2 Exterior doors: Each exterior door shall be secured as follows: 1. Exterior doors (excluding glass patio doors) and doors leading from garage areas into dwellings shall be equipped with a dead bolt lock with one-inch (1") throw. 2. Pairs of doors shall have flush bolts with a minimum throw of five-eighths inch (5/8") at the head and foot (floor and ceiling) of the inactive leaf. 3. Doorstop on a wooden jamb for an in-swing door shall be of one-piece construction with the jamb joined by a rabbet. 4. Locks shall be provided on all sliding patio doors. 4.2.g Packet Pg. 243 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 7 of 11 5. Sliding patio glass doors opening onto patios or balconies which are less than one story above grade or are otherwise accessible from the outside shall have the moveable section of the door sliding on the inside of the fixed portion of the door or possess an approved secondary lock mounted on interior of moveable section. 6. The lock bolt on all glass patio doors shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearance provided for installation and operation. The strike area shall be of material adequate to maintain effectiveness of bolt strength. R350.3 Landscaping. 1. Shrubs and ground cover shall not directly cover windows and doorways. 2. River rock used near parking lots or buildings shall be permanently affixed. 3. Backyard gates shall be the full height of the wall or fence adjacent and capable of being locked. 4. Open space and buildings shall be arranged to afford visibility and opportunity for surveillance by on-site users and passers-by. 5. Barriers, both real and symbolic, shall be designed to afford opportunities for surveillance through the barrier. 6. For residential development, walls or fences, if installed, shall be a minimum of 6 feet in height when adjacent to any of the following:  Reverse frontage,  Retention/detention areas,  Parks, Commercial areas,  Industrial areas, or  Bike paths. R350.4 Garage Type (Vehicle) Doors. Garage-type doors, which are either rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the following standards; 1. Wood doors shall have panels a minimum of five-sixteenths (5/16) inch in thickness with the locking hardware being attached to the support framing. 2.Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of 18 inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within 3 inches of the strike area of the pilot or pedestrian access door. 4.2.g Packet Pg. 244 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 8 of 11 3. Fiberglass doors shall have panels a minimum density of 6 ounces per square foot from the bottom of the door to a height of 7 feet. Panels above 7 feet and panels in residential structures shall have a density not less than 5 ounces per square foot. 4. Doors utilizing a cylinder lock shall have a lock receiving point at each outer edge of the door; or, if the door does not exceed 19 feet, a single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. 5. Doors with slide bolt assemblies shall have frames a minimum of .120 inches of thickness, with a minimum bolt diameter of one half (1/2) inch and protrude at least one and one half (1 ½) inches into the receiving guide. A bolt diameter of three-eighths (3/8) inch may be used in a residential building. The slide bolt shall be attached to the door with non-removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. R350.5 Emergency Access. Private roads and parking areas or structures controlled by unmanned mechanical parking type gates shall provide for police emergency access as follows: 1. Radio frequency access or by providing the gate access code for distribution to emergency responders. When an access code is to be utilized, an illuminated control box shall be mounted on a control pedestal consisting of a metal post/pipe which shall be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver’s side of the road or driveway and accessible in such a manner as to not require a person to exit their vehicle to reach it, nor to drive on the wrong side of the road or driveway, nor to require any back-up movements in order to enter/exit the gate. 2. All lockable pedestrian gates to residential recreation areas serving 6 or more dwelling units, and gates or doors to common walkways or hallways of residential complexes where there are 4 or more dwelling units within the complex, shall provide for police emergency access utilizing an approved key switch device or approved Knox box. 3. Pedestrian gates/doors using an electromagnetic type lock shall install a key switch within a telephone/intercom console or in a control housing, or other method approved by the Building Official that will provide for police emergency access. See 350.5.1 for options. 4. Pedestrian gate/doors (including pedestrian gates/doors in pool enclosures and recreational facilities) utilizing mechanical locks shall install a Knox box adjacent to each gate/door, securely attaching it to a fence or wall. R350.6 Keying requirements. Upon occupancy by the owner or proprietor, each single unit in a tract constructed under the same site development review, shall have locks using 4.2.g Packet Pg. 245 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 9 of 11 combinations that are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. R350.7 Other requirements 1. Storage Areas. Any exterior storage area attached to a dwelling enclosed by a door shall comply with this section or have a minimum 3/8” diameter hardened padlock hasp. 2. Side Gates. Side gates shall be the full height of the adjacent fence or wall and be capable of being locked. Side gates shall be secured with a slide bolt mounted on the inside of the gate. The slide bolt shall have a bolt diameter of three-eighths (3/8) inch and protrude at least one and one-half (1 ½) inches into the receiving guide. The slide bolt shall be attached to the gate with non-removable bolts. The slide bolt shall be mounted at a height that is not accessible by reaching over the gate. 7.34.190 Section R403.1.3, Chapter R4, Seismic reinforcing – Amended. Section R403.1.3 is amended to read: R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars, one top and one bottom and not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall. A minimum of one No. 4 horizontal bar shall be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar shall be located 3 inches from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook. A minimum of one No. 4 horizontal bar shall be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar shall be located 3 inches from the bottom of the footing. In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. 4.2.g Packet Pg. 246 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 10 of 11 7.34.200 Table R602.10.3(3), Chapter R6, Bracing Requirements – Amended. Table R602.10.3(3) is amended by adding a new footnote “f” to read: f. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single-family dwellings and accessory structures. Add the “f” footnote notation in the title of Table R602.10.3(3) to read: TABLE R602.10.3(3)f 7.34.210 Section R602.10.4.4, Chapter R6, Limits on methods GB and PCP – Added. A new Section R602.10.4.4 if added to read: R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single- family dwellings and accessory structures. 7.34.220 Section R902, Chapter 9, Roof Classification-Amended. Section R902.1 is amended to read: R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B or C roofing shall be installed in areas as designated below. Classes A, B and C roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. 1. Map of Fire Safe Roof Areas. Figure 15-1* is a map of Fire Safe Roof areas. Said map may be amended from time to time by including areas which are annexed to the City within one of the two roofing areas. Said amendments may be made by the Building Official after consultation, with the Chief of the Fire Department or their designee having jurisdiction. 2. Roofing Area 1. Any new roof and any alteration, repair or replacement for buildings housing R & U-1 occupancies in Roofing Area 1 shall use roof covering material that conforms to Class B or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 3. Roofing Area 2. Any new roof for buildings using roof covering material that conforms to Class C or better or shall be made of concrete, ferrous or copper metal, clay, slate or similar non-combustible material. 4.2.g Packet Pg. 247 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 11 of 11 * Editor's Note: Figure 15-1 is on file in the office of the City Clerk. 7.34.230 Section R1001.1.2 Chapter 10, Prohibited Installations—Added. A new Section R1001.1.2 is added to read: R1001.1.2 Prohibited Installations. It shall be unlawful to install a new wood burning fireplace or appliance that is not one of the following: 1) Pellet-fueled wood heater, 2) EPA certified wood heater, 3) Fireplace certified by EPA 7.34.240 Chapters 11 through 43 are Deleted. Chapters 11 through 43 are deleted. 4.2.g Packet Pg. 248 At t a c h m e n t : 7 . E x h i b i t D C h a p t e r 7 3 4 D M C 2 0 1 6 R e s i d e n t i a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 3 EXHIBIT E Chapter 7.36 ELECTRICAL CODE Sections: 7.36.010 Title. 7.36.020 Purpose. 7.36.030 Adoption of Electrical Codes. 7.36.040 Scope. 7.36.050 Exceptions. 7.36.060 Additions, alterations and repairs. 7.36.070 Section 210.53, Office receptacle outlets-Added. 7.36.010 Title. The buildings codes adopted by reference in Section 7.36.030 and the provisions of this Chapter shall constitute the Dublin Electrical Code and may be referred to as such. 7.36.020 Purpose. A. The promotion and preservation of the public health, safety, and general welfare of the people of the City and the property situated therein have made necessary the adoption of the electrical codes referred to in Section 7.36.030 in order to adequately safeguard life, health, property, and general welfare. B. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. 7.36.030 Adoption of Electrical Codes. A. The 2016 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto including the National Electrical Code, 2014 Edition, as published by the National Fire Protection Association, and as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the "NEC") are hereby adopted and incorporated by reference herein. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. B. Notwithstanding the provisions of Section 7.36.030.A, the State Code and the NEC are amended as set forth in Section 7.36.080. 4.2.h Packet Pg. 249 At t a c h m e n t : 8 . E x h i b i t E C h a p t e r 7 3 6 D M C 2 0 1 6 E l e c t r i c a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 3 7.36.040 Scope. A. The provisions of this code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal demolition, conversion, use, and maintenance of any electrical wiring, appliances, devices, equipment, and apparatuses used for or in connection with the transmission or use of electrical energy for light, heat, power, radio, signaling communication or for other purpose in any building, structure, or premises within the City. B. The permissive provisions of this code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or more pertinent limitations shall prevail which provide greater safety to life, health, property or public welfare. C. Electrical appliances and equipment shall be made accessible to the physically handicapped. Whenever there is a conflict between the provisions of this code and Title 24 California Code of Regulation, the provisions of Title 24 shall prevail. 7.36.050 Exceptions. The provisions of this code shall not apply to: A. Work located in a public street; B. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars and aircraft; however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of the electrical code; C. Electrical installations within houseboats or other watercrafts; however, if any of the foregoing are stored out of the water and used for any purpose whatsoever, they shall comply with all the provisions of the electrical code; D. Electrical installations owned or operated by a public utility for the use of such utility in the generation, transmission, distribution or metering of electrical energy; E. Radio and television receiving equipment, amateur radio transmitting and receiving equipment, and community antenna television systems. 7.36.060 Additions, alterations and repairs. A. All work done in connection with an addition to an existing electrical installation shall conform to the applicable provisions of this code. In addition, any portion of an existing electrical installation which would become overloaded or have its capacity exceeded as determined by the standards in this code for new installation as a result of the addition shall be made to conform to the applicable provisions of this code. B. Alterations, repairs to, or replacement of equipment in any existing electrical installation shall conform to the applicable provisions of this code except that the Building Official may allow deviations from the provisions of this code, provided the deviations are necessary due to the circumstances of the existing conditions; the existing condition was permitted by a previous Code; and such deviation does not create or continue a hazard to life, health, and property. 4.2.h Packet Pg. 250 At t a c h m e n t : 8 . E x h i b i t E C h a p t e r 7 3 6 D M C 2 0 1 6 E l e c t r i c a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 3 7.36.070 Section 210.53, Office receptacle outlets-Added. Section 210.53 is added to read: 210.53 Office Receptacle Outlets. In office buildings or offices exceeding ten (10) percent of the floor area of the major use receptacle outlets shall be installed in all permanent walls or partitions so that no point along the floor line any wall space is more than six (6) feet (1.83m) measured horizontally, from an outlet in that space including any wall space two (2) feet (610 mm) or more in width and the wall space occupied by sliding panels in exterior walls. As used in the section a "wall space" shall be considered a wall unbroken along the floor line by doorways, fireplaces and similar openings. Each wall space two (2) or more feet (610 mm) wide shall be treated individually and separately from other wall spaces within the room. A wall space shall be permitted to include two or more walls of a room (around corners) where unbroken at the floor line. Receptacle outlets shall, insofar as practicable be spaced equal distances apart. Receptacle outlets in floors shall not be counted as part of the required number of receptacle outlets unless located near the wall. The receptacle outlets required by the section shall be in addition to any receptacle that is part of any lighting fixture or appliance, located within cabinets or cupboards, or located over five and one-half (5 ½) feet (1.68 m) above the floor. 4.2.h Packet Pg. 251 At t a c h m e n t : 8 . E x h i b i t E C h a p t e r 7 3 6 D M C 2 0 1 6 E l e c t r i c a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 3 EXHIBIT F Chapter 7.40 PLUMBING CODE Sections: 7.40.010 Title. 7.40.020 Purpose. 7.40.030 Adoption of Plumbing Codes. 7.40.040 Scope. 7.40.050 Exceptions. 7.40.060 Additions, alterations and repairs. 7.40.070 Chapter 1, Division II, Administration–Deleted. 7.40.080 Section 609.3, Chapter 6, Water piping in slab floors–Amended. 7.40.090 Section 612.1, Chapter 6, Where Required – Amended; Sections 612.2 through 612.7.2 and Tables 612.3.6 through 612.5.3.2(9) – Deleted. 7.40.010 Title. The plumbing codes adopted by reference in Section 7.40.030 and the provisions of this Chapter shall constitute the Dublin Plumbing Code and may be referred to as such. 7.40.020 Purpose A. The promotion and preservation of the public health, safety and general welfare of the people of the City and the property situated therein have made necessary the adoption of the plumbing codes referred to in Section 7.40.030 in order to adequately safeguard life, health, property, and general welfare. B. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. 7.40.030 Adoption of Plumbing Codes. A. The 2016 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto including the Uniform Plumbing Code, 2015 Edition, including Appendix Chapters A, B, D, H, and I, as published by the International Association of Plumbing and Mechanical Officials, and as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the "UPC") are hereby adopted and incorporated by reference herein. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. 4.2.i Packet Pg. 252 At t a c h m e n t : 9 . E x h i b i t F C h a p t e r 7 4 0 D M C 2 0 1 6 P l u m b i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 3 B. Notwithstanding the provisions of Section 7.40.030.A, the State Code and the UPC are amended as set forth in Sections 7.40.070 through 7.40.080 of this Chapter. 7.40.040 Scope. A. The provisions of this code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, conversion, use, and maintenance of any plumbing installation, gas or drainage piping installation or any fixture or water heating or treating equipment in any building, structure, or premises within the City. B. The permissive provisions of this code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or more pertinent limitations shall prevail which provide greater safety to life, health, property, or public welfare. C. Plumbing fixtures and equipment shall be made accessible to the physically handicapped. Whenever there is a conflict between the provisions of this code and Title 24, California Code of Regulations, the provisions of Title 24 shall prevail. 7.40.050 Exceptions. The provisions of the plumbing code shall not apply to: A. Work located in a public street: B. Plumbing systems within trailer coaches, campers, motor vehicles, railroad cars and aircraft: however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of the plumbing code: C. Plumbing systems within houseboats or other watercraft; however, if any of the forgoing are stored out of water and used for any purpose whatsoever, they shall comply with all the provisions of the plumbing code: D. Building sewers as defined in Chapter 2 of the California Plumbing Code located within the boundaries of a sanitary district and such district has regulations for building sewers and such regulations are in force; E. Sewage treatment and collection facilities of a sanitary district; F. Water treatment, storage, transmission and distribution facilities of a water district or water company regulated by the Public Utilities Commission: G. Gas storage, transmission and distribution facilities owned by a public utility: H. Wells and water supply systems for irrigation and watering livestock provided such water is not used for human consumption. 7.40.060 Additions, alterations and repairs. A. All work done in connection with an addition to an existing plumbing installation shall conform to the applicable provisions of this code. In additions, any portion of an existing plumbing installation which would become overloaded or have its capacity exceeded as determined by the standards in this code for new installation as a result of the addition shall be made to conform to the applicable provision of this code. B. Alterations, repairs to, or replacement of equipment in any existing plumbing installation shall conform to the applicable provisions of this code except that the Building Official may allow deviations from the provisions of this code, provided the deviations are necessary due to 4.2.i Packet Pg. 253 At t a c h m e n t : 9 . E x h i b i t F C h a p t e r 7 4 0 D M C 2 0 1 6 P l u m b i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 3 the circumstance of the permitted by a previous code; and such deviation does not create or continue a hazard to life, health and property. 7.40.070 Chapter 1 Division II Administration–Deleted. Chapter 1 Division II is deleted. 7.40.080 Section 609.3, Chapter 6, Water piping in slab floors–Amended. Section 609.3, first paragraph, is amended by replacing it to read: Section 609.3 Water piping shall not be installed in or under a concrete floor slab within a building without prior approval of the Building Official. When approved, such piping shall be installed in accordance with the following requirements: 7.40.090 Section 612.1, Chapter 6, Where Required-Amended; Sections 612.2 through 612.7.2 and Tables 612.3.6 through 612.5.3.2(9) – Deleted, Section 612.1, is amended to read as follows: 612.1 Where Required. Where residential sprinklers systems are required in buildings, these systems shall be installed per Chapter 9 of the California Building Code, Title 24 Part 2. (Sections 612.2 through 612.7.2 and Tables 612.3 through 612.5.3.2(9) are Deleted.) 4.2.i Packet Pg. 254 At t a c h m e n t : 9 . E x h i b i t F C h a p t e r 7 4 0 D M C 2 0 1 6 P l u m b i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 2 EXHIBIT G Chapter 7.44 MECHANICAL CODE Sections: 7.44.010 Title. 7.44.020 Purpose. 7.44.030 Adoption of Mechanical Codes. 7.44.040 Scope. 7.44.050 Exceptions. 7.44.060 Additions, alterations and repairs. 7.44.070 Chapter 1, Division II, Administration–Deleted. 7.44.010 Title The mechanical codes adopted by reference in Section 7.44.030 and the provisions of this Chapter shall constitute the Dublin Mechanical Code and may be referred to as such. 7.44.020 Purpose. A. The promotion and preservation of the public health, safety and general welfare of the people of the City and the property situated therein have made necessary the adoption of the mechanical codes referred to in Section 7.44.030 in order to adequately safeguard life, health, property, and general welfare. B. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. 7.44.030 Adoption of Mechanical Codes. A. The 2016 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto including the Uniform Mechanical Code, 2015 Edition, including Appendix chapters B, C and D, as published by the International Association of Plumbing and Mechanical Officials, and as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935, (hereinafter referred to as the "UMC") are hereby adopted and incorporated by reference herein. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. B. Notwithstanding the provisions of Section 7.44.030.A, the State Code and the UMC are amended as set forth in Section 7.44.070. 4.2.j Packet Pg. 255 At t a c h m e n t : 1 0 . E x h i b i t G C h a p t e r 7 4 4 D M C 2 0 1 6 M e c h a n i c a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 2 7.44.040 Scope. A The provisions of this code shall apply to the installation, erection, construction, enlargement, addition to, alteration, repair, moving, removal, demolition, replacement, conversion, use, and maintenance of any heating, ventilating, comfort cooling, refrigeration systems, incinerators or other heat producing appliances, in any building, structure, or premises within the City. B. The permissive provisions of this code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule or regulation. If two (2) or more pertinent limitations shall prevail which provide greater safety to life, health, property or public welfare. C. Mechanical appliances and equipment shall be made accessible to the physically handicapped as required by Title 24 California Code of Regulations. Whenever there is a conflict between the provisions of this code and Title 24, California Code of Regulations, the provisions of Title 24 shall prevail. 7.44.050 Exceptions The provisions of the mechanical code shall not apply to: A. Work located in a public street; B. Heating, ventilation, comfort cooling, refrigeration systems, incinerators or other heating or cooling appliances within trailer coaches, campers, mobile homes, motor vehicles and airplanes: however, if any of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of this code; C. Heating, ventilating, comport cooling, refrigeration systems, incinerators or other heating or cooling appliances within houseboats or other watercraft: however, if any of the foregoing are stored out of water and used for any purpose whatsoever, they shall comply with all the provisions of this code. 7.44.060 Additions, alterations and repairs. A. All work done in connection with an addition to an existing mechanical installation shall conform to the applicable provisions of this code. In addition, any portion of an existing mechanical installation which would become overloaded or have its capacity exceeded as determined by the standards in this code for new installations as a result of the addition shall be made to conform to the applicable provisions of this code. B. Alterations, repairs to, or replacement of equipment in any existing mechanical installation shall conform to the applicable provisions of this code except that the Building Official may allow deviations from the provisions of this code, provided the deviations are necessary due to the circumstance of the existing condition; the existing condition was permitted by a previous code; and such deviation does not create or continue a hazard to life, health and property. 7.44.070 Chapter 1, Division II, Administration–Deleted. Chapter 1, Division II, is deleted. 4.2.j Packet Pg. 256 At t a c h m e n t : 1 0 . E x h i b i t G C h a p t e r 7 4 4 D M C 2 0 1 6 M e c h a n i c a l C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 6 EXHIBIT H Chapter 7.94 GREEN BUILDING Sections: 7.94.010 Title. 7.94.020 Purpose. 7.94.030 Adoption of the Green Building Code. 7.94.040 Scope. 7.94.050 Chapter 2, Definitions-Amended. 7.94.060 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems-Added. 7.94.070 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems-Added. 7.94.080 Standards for Compliance. 7.94.090 Submission of Green Building Documentation. 7.94.100 Review of Documentation. 7.94.110 Construction and Verification. 7.94.120 Infeasibility Exemption. 7.94.010 Title. The green building standards codes adopted by Section 7.94.030 and the provisions of this Chapter shall constitute the Dublin Green Building Code and may be referred to as such. 7.94.020 Purpose. A. To improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories: 1. Planning and design 2. Energy efficiency 3. Water efficiency and conservation 4. Material conservation and resource efficiency 5. Environmental quality B. The purpose of this Code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this Code. 7.94.030 Adoption of the Green Building Code. A. The 2016 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et. seq. (hereinafter 4.2.k Packet Pg. 257 At t a c h m e n t : 1 1 . E x h i b i t H C h a p t e r 7 9 4 D M C 2 0 1 6 G r e e n B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 2 of 6 EXHIBIT H referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto, as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935, are hereby adopted and incorporated by reference herein. Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin. B. Notwithstanding the provisions of Section 7.94 .030.A, the State Code is amended as set forth in Sections 7.94.050 through 7.94.070. 7.94.040 Scope. A. Except as otherwise provided herein, the provisions of this Code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this Code, within the City. B. It is not the intent that this Code substitute or be identified as meeting the certification requirements of any green building program. C. Sections 7.94.080 through 7.94 120, shall apply only to new residential development projects in excess of twenty (20) residential units. 7.94.050 Chapter 2, Definitions-Amended. Chapter 2 is amended by adding the following definitions: Build It GreenTM. Shall mean the non-profit organization that publishes the New Home Construction Green Building Guidelines, as amended from time to time, the new Home GreenPoints Checklist, the Multi-Family GreenPoints Checklist, and any successor entity that assume responsibility for the programs and operations of Build it GreenTM. Covered Project. Shall mean a project that must, pursuant to Section 7.94.040.C, comply with the provisions of Sections 7.94.080 through 7.94.120 of this Chapter. Green Building Documentation. Shall mean the documentation submitted to the Building Official as part of the Site Development Review process. The Green Building Documentation includes, but is not limited to, a copy of the applicable Green Building Program Checklist and any other documentation determined necessary by the Building Official. Green Building Program. Shall mean either the GreenPoint rating system or the LEEDtm for Homes Green Building Rating System, whichever system is selected by the Applicant. Green Building Program Checklist. Shall mean either the GreenPoint Checklist or the LEEDtm for Homes Project Checklist, whichever is selected by the Applicant. 4.2.k Packet Pg. 258 At t a c h m e n t : 1 1 . E x h i b i t H C h a p t e r 7 9 4 D M C 2 0 1 6 G r e e n B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 3 of 6 EXHIBIT H Green Building Program Rating. Shall refer to the number of points achieved under either the GreenPoint Checklist or the LEEDtm for Homes Project Checklist. GreenPoint Checklist. Shall mean the version of the applicable GreenPoint Rated checklist approved by Build It Green and designed for the purpose of calculating a green building rating, in effect at the time of project application for a design review or a City building permit. GreenPoints. Shall mean credits assigned under the applicable GreenPoint Rated Checklist for a covered project. LEEDtm for Homes Green Building Rating System. Shall mean the most recent version of the Leadership in Energy and Environmental Design Home Green Building Rating System, or other related LEEDtm rating system, approved by the U.S. Green Building Council. As new rating systems are developed by the U.S. Green Building Council, the Building Official shall have the authority to specify the applicable LEEDtm residential green building rating system for a covered project. LEEDtm for Homes Project Checklist. Shall mean the version of the applicable LEEDtm for Homes Project Checklist approved by the U.S. Green Building Council and designed for the purpose of calculating a green building rating, in effect at the time of project application for a design review or a City building permit. Residential Development. Shall include, without limitation, detached single- family dwellings, multiple-family dwelling structures, groups of dwellings, condominium or townhouse developments, cooperative developments, and mixed-use developments that include housing units. 7.94.060 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems-Added. A new Section 4.107.1 is added to read: 4.107.1 Future Access for Solar Systems. A minimum one-inch (25.4 mm) electrical conduit shall be provided from the electrical service equipment to an accessible location within the solar zone as defined by the California Energy Code, Title 24 Part 6 Section 110.10 or other location approved by the Building Official. 7.94.070 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems-Added. A new Section 5.107.1 is added to read: 5.107.1 Future Access for Solar Systems. Install conduit from the solar zone as defined by the California Energy Code, Title 24 Part 6 Section 110.10 to a location within the building identified as suitable for future installation of a charge controller (regulator) and inverter. 7.94.080 Standards for Compliance. A. Covered projects shall achieve a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for single-family housing. All multi-family residential projects shall achieve a “green home” or similarly entitled 4.2.k Packet Pg. 259 At t a c h m e n t : 1 1 . E x h i b i t H C h a p t e r 7 9 4 D M C 2 0 1 6 G r e e n B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 4 of 6 EXHIBIT H minimum compliance rating system, which currently requires fifty (50) GreenPoints, or a minimum Green Building Program Rating of fifty (50) points under the Green Building Program Checklist for multi-family housing, unless the Building Official determines that the single-family green building rating system is more appropriate for the building, such as for a duplex building that is part of a larger project. Approval of a building permit for new construction shall not be granted unless the Applicant submits a checklist demonstrating the covered project receives the minimum Green Building Program Rating required on the appropriate Green Building Program Checklist. All mixed-use projects shall meet the requirements for a multi-family residential project, unless the Building Official determines the Green Building Code or another rating system is more appropriate. B. In the event that an Applicant wishes to use an alternative green building standards program other than the GreenPoint rating system or the LEEDtm for Homes Green Building Rating System, the Applicant may apply to the Building Official for approval of the alternative program. The Applicant must submit Green Building Documentation showing that the Applicant’s utilization of the alternative program will result in green building benefits that are better than the benefits that would be achieved by obtaining a Green Building Program Rating of fifty (50) points under either the GreenPoint rating system or the LEEDtm for Homes Green Building Rating System. Any proposed alternative green building program must be created by a third-party entity not under the control of the Applicant, and must be sufficiently similar in structure to the GreenPoint rating system and the LEEDtm for Homes Green Building Rating System to allow the Building Official to administer the requirements of this Chapter to the alternative green building standards program without significant deviation. At a minimum, the alternative green building standards program must utilize a checklist structure similar to the Green Building Program Checklists. No Applicant may utilize an alternative green building standards program unless the Building Official gives the Applicant written approval of the Applicant’s proposed utilization of the program. 7.94.090 Submission of Green Building Documentation. A. In conjunction with Site Development Review of any project subject to this Chapter, the Applicant shall submit to the Building Official the required Green Building Documentation indicating compliance with this Chapter. The documentation shall indicate the measures to be used to achieve the required Green Building Program Rating and shall include a completed Green Building Program Checklist and any other documentation required by the Building Official to determine compliance with this Chapter. B. Applications for residential building permits shall include the approved Green Building Program Checklist with the first building permit plan set submitted. Building 4.2.k Packet Pg. 260 At t a c h m e n t : 1 1 . E x h i b i t H C h a p t e r 7 9 4 D M C 2 0 1 6 G r e e n B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 5 of 6 EXHIBIT H plans shall indicate in the general notes or individual detail drawings, where appropriate, the green building measures to be used to attain the required minimum Green Building Program Rating. 7.94.100 Review of Documentation. A. The Building Official shall review the documentation to determine if the project achieves the required Green Building Program Rating and shall approve or reject the project. If necessary, the Building Official shall schedule a meeting with the Applicant to review and discuss the proposed green building measures incorporated into the project. B. Approved. The Building Official shall approve the Green Building Documentation only if it is determined that the project can achieve the applicable compliance standards set forth in this Chapter. If the Building Official determines these conditions have been met, the Green Building Documentation, including the Green Building Program Checklist, shall be marked “approved” and returned to the Applicant. A copy of the approved Green Building Documentation shall also be forwarded to the City's Planning Division. A building permit shall not be issued until the Green Building Documentation is approved under this section or an exemption has been granted. C. Not Approved. If the Building Official determines that the Green Building Documentation fails to indicate the project will achieve the required Green Building Program Rating, the Building Official shall deny the documentation and return the documentation to the Applicant, including a statement of reasons for denial and measures required to conform to the ordinance. D. Re-submittal. If the documentation is returned to the Applicant as not approved, the Applicant may resubmit the documentation with such modifications and additions as may be required for approval. 7.94.110 Construction and Verification. A. After approval of the Green Building Documentation, any changes to the construction or design that may have an effect on the Green Building Program Rating the project will obtain must be submitted to the Building Official. Prior to the issuance of occupancy permits, the Applicant must submit a final Green Building Program Checklist to the Building Official, verifying installation of the required measures and certifying the building meets the required Green Building Program Rating. If measures have been added or omitted the final checklist must reflect the changes. B. If an Applicant using the GreenPoint rating system voluntarily submits documentation to Build It Green for a GreenPoint Rated Certificate, proof of receipt of the GreenPoint Rated Certificate will be accepted in lieu of a revised Green Building Program Checklist. If an Applicant using the LEEDtm for Homes Green Building Rating System voluntarily registers his or her project with the U.S. Green Building Council for LEEDtm certification 4.2.k Packet Pg. 261 At t a c h m e n t : 1 1 . E x h i b i t H C h a p t e r 7 9 4 D M C 2 0 1 6 G r e e n B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 6 of 6 EXHIBIT H at the same or higher Green Building Program Rating than required by this Chapter, proof of said registration and certification will be accepted in lieu of a revised Green Building Program Checklist. If an Applicant voluntarily obtains and submits certification under either the GreenPoint program or the LEEDtm for Homes program, then the Building Official may reduce the scope of the verification process as appropriate. C. The Building Official shall not be responsible for verifying the Green Building Program measures implemented during construction, nor shall the Building Official’s acceptance of a revised Green Building Program Checklist indicate a building has met the Green Building Program Rating required by the City. 7.94.120 Infeasibility Exemption. A. Application. If an Applicant for a covered project experiences unique circumstances that the Applicant believes make it infeasible to comply with provisions 7.94.080 through 7.94.110 of this Chapter, the Applicant may apply for an exemption at the time that he or she submits the Green Building Documentation required under Section 7.94.090 of this Chapter. In applying for an exemption, the burden is on the Applicant to show infeasibility. Such circumstances may include, but are not limited to, availability of markets for materials to be recycled, availability of green building materials, technology, and compatibility of green building requirements with other building standards. The Applicant shall include with the Green Building Documentation the Green Building Program Rating he or she believes is feasible and the specific circumstances that he or she believes make it infeasible to comply with this Chapter. The Building Official shall review the information provided by the Applicant and may meet with the Applicant to discuss possible ways of complying with the required Green Building Program Rating. B. Granting of Exemption. If the Building Official determines it is infeasible for the Applicant to meet the Green Building Program Rating due to unique circumstances described in the exemption application, he or she shall determine the maximum feasible Green Building Program Rating reasonably achievable for the project and shall enter the number of credits on the Green Building Documentation, which shall be marked “Approved with Exemption.” C. Denial of Exemption. If the Building Official determines that it is possible for the Applicant to meet the requirements of this Chapter, he or she shall so inform the Applicant in writing. The Applicant shall have thirty (30) days to resubmit the required Green Building Program Checklist and materials to be in compliance with this Chapter. If the Applicant fails to resubmit the Green Building Documentation, the Building Official shall deny the project in accordance with Section 7.94.100.C of this Chapter. 4.2.k Packet Pg. 262 At t a c h m e n t : 1 1 . E x h i b i t H C h a p t e r 7 9 4 D M C 2 0 1 6 G r e e n B u i l d i n g C o d e ( 1 1 8 0 : U p d a t e s t o t h e C i t y ’ s C o n s t r u c t i o n a n d F i r e C o d e s ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Park Name Recommendations for a Neighborhood Square and Nature Community Park in the Irongate Community Prepared by: Rhonda Franklin, Management Analyst EXECUTIVE SUMMARY: The City Council will consider names for the neighborhood square and nature community park in the Irongate residential community. STAFF RECOMMENDATION: Staff recommends the City Council select Clover Park as the name for the neighborhood square and Sunrise Park as the name for the nature community park. FINANCIAL IMPACT: None. DESCRIPTION: Sub Area 3 is located in eastern Dublin and is bounded by Dublin Boulevard, Central Parkway, Fallon Road, and Lockhart Street (Attachment 1). Now known as the Irongate residential community, there are two parks located near this area: A two-acre neighborhood square and a 10.75-acre nature community park. The two parks are adjacent to each other with the neighborhood square sharing part of its northern boundary with the nature community park. The conceptual design was presented to the Parks and Community Services Commission on August 15, 2016, and approved by the City Council on September 6, 2016 (Attachment 2). The parks offer the following features and amenities: 4.3 Packet Pg. 263 Page 2 of 4 Neighborhood Square Nature Community Park Informal lawn for passive activities in lieu of sport courts Landscaping Picnic tables for gathering Walking trails Enhanced creek ‘overlook’ Overlook point at an elevation of 460 feet Fabric shade structure for picnic area Child fitness play equipment, swings and net play structures Cross training equipment gear An online survey was used to solicit input from the public regarding potential names for each park. The survey was available for three weeks, from September 17 through October 9, 2016. The survey was advertised by way of the City’s website and newsflash features, email distribution lists, flyers at public counters, Dublin Unified School District distribution lists (PeachJar), and social media. A total of 199 persons responded to the survey. Respondents were provided with an image of the conceptual design, list of features and amenities, and the following general guidelines to consider when suggesting names:  Geographic location and characteristics  Landscaping, topography, 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 Respondents were asked to rank a list of suggested names for each park and were given the option of suggesting up to three additional names. Ranking Results (Weighted Averages) Two-acre Neighborhood Square: 1. Iron Gate Park (or Irongate Park) 2. Sunrise Park 3. Iron Gate Square (or Irongate Square) 4. Creekside Park 5. Terrace View Park 4.3 Packet Pg. 264 Page 3 of 4 6. Trail Creek Park 7. Hillside Park 8. Trail Vista Park 9. Hillview Park 10. Valley View Trail 11. Creekside View Park Write-in suggestions for the neighborhood square were received from 103 respondents. The following suggestions met the general guidelines and received the most nominations:  Central Park (variation: Central View Park)  Clover Park (variations: Clover Leaf, Clover Creek)  Lockhart Park  Shamrock Park 10.75-acre Nature Community Park: 1. Sunrise Park 2. Iron Gate Park (or Irongate Park) 3. Valley View Trail 4. Hillside Park 5. Trail Vista Park 6. Creekside Park 7. Hill View Park 8. Trail Creek Park 9. Terrace View Park 10. Iron Gate Square (or Irongate Square) 11. Creekside View Park Write-in suggestions for the nature community park were received from 81 respondents. The following suggestions met the general guidelines and received the most nominations:  Clover Park (variation: Clover Creek, Clover Hill)  Central Park (variation: Central View Park)  Overlook Park  Shamrock Park At the October 17, 2016 Parks and Community Services Commission meeting, the Commission made the following recommendations by a vote of 5-0-0 with Cm. Bedi absent: For the neighborhood square, three names were recommended, listed in order of preference – Creekside Park, Clover Park, and Iron Gate Park (or Irongate Park). Staff is recommending the City Council approve Clover Park for the neighborhood square in order to avoid confusion of the park’s location, as Creekside Drive is located in the west hills of Dublin. For the nature community park, the Commission recommended the single name of Sunrise Park. 4.3 Packet Pg. 265 Page 4 of 4 Both the neighborhood square and the nature community park will be constructed by the Developer and construction is scheduled to be completed by April 2018. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to the Parks and Community Services Commission. ATTACHMENTS: 1. Site Map 2. Conceptual Design 4.3 Packet Pg. 266 ,/ > > ^ /    W  d , W Z <  ^ / d  > >  z t  z > > z t  z KhZd^d Z d ^d Z   d   ^dZ d' ^dZd, >K<,Zd^dZd  E d Z >W  Z < t  z  h  >/EKh>sZ y / ^ d / E '   Z   < / <   W  d , L A N D S C A P E A R C H I T E C T S Ƶ ď ů ŝ Ŷ  Z Ă Ŷ Đ Ś  / ƌ Ž Ŷ ' Ă ƚ Ğ  E Ğ ŝ Ő Ś ď Ž ƌ Ś Ž Ž Ě  ^ Ƌ Ƶ Ă ƌ Ğ   Ă Ɖ ŝ ƚ Ă ů  / ŵ Ɖ ƌ Ž ǀ Ğ ŵ Ğ Ŷ ƚ Ɛ  W ƌ Ž ũ Ğ Đ ƚ :ƵůLJϮϲ͕ϮϬϭϲ Ž Ŷ ƚ Ğ dž ƚ  W ů Ă Ŷ IWNORTH 4.3.a Packet Pg. 267 At t a c h m e n t : 1 . S i t e M a p ( 1 1 9 6 : N a m i n g S u g g e s t i o n s f o r t h e S u b A r e a 3 N e i g h b o r h o o d S q u a r e a n d N a t u r e C o m m u n i t y P a r k ) 4.3.b Packet Pg. 268 At t a c h m e n t : 2 . C o n c e p t u a l D e s i g n ( 1 1 9 6 : N a m i n g S u g g e s t i o n s f o r t h e S u b A r e a 3 N e i g h b o r h o o d S q u a r e a n d N a t u r e C o m m u n i t y P a r k ) L A N D S C A P E A R C H I T E C T S Du b l i n Ra n c h Ir o n G a t e Ne i g h b o r h o o d Sq u a r e Ca p i t a l Im p r o v e m e n t s Pr o j e c t August18,2016 Pl a y Eq u i p m e n t &Si t e El e m e n t s NE T CL I M B E R AG E S 5TO 12 AL L AG E S PR E C A S T SE A T I N G AR O U N D TR E E S IN PL A Y AR E A AG E S 5TO 12 PR E C A S T CO N C R E T E PI C N I C TA B L E S : 3WI T H RE C T A N G U L A R BE N C H E S &2WI T H RO U N D SE A T S FO R AD A IN T E G R A T I O N SE A T I N G PO D AT PL A Y AR E A NE T CL I M B E R 2BA Y SW I N G WI T H TO T BU C K E T FI T N E S S PL A Y EQ U I P M E N T PI C N I C TA B L E S FA B R I C SH A D E SHELTER AL L AG E S Ͳ  FI T N E S S EQ U I P M E N T &CR O S S TR A I N I N G FO R AG E S 13 &UP : CH I N UP BA R S AD U L T CR O S S TR A I N I N G EQ U I P M E N T SE A T I N G BO U L D E R S DR Y CREEKAREA AG E S 2TO 5PL A Y EQ U I P M E N T 4.3.b Packet Pg. 269 At t a c h m e n t : 2 . C o n c e p t u a l D e s i g n ( 1 1 9 6 : N a m i n g S u g g e s t i o n s f o r t h e S u b A r e a 3 N e i g h b o r h o o d S q u a r e a n d N a t u r e C o m m u n i t y P a r k ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of Pending Decision on Final Map for Tract 8295 Prepared by: Andrew Russell, City Engineer EXECUTIVE SUMMARY: In accordance with Chapter 9.24.80 of the Dublin Municipal Code, the City Council is hereby notified of the City Engineer’s pending approval of the Final Map for Tract 8295, a condominium subdivision located at 7144 Regional Street. The City Engineer shall approve the Final Map within 10 days following this notification. STAFF RECOMMENDATION: Staff recommends that the City Council receive the notification. FINANCIAL IMPACT: None. DESCRIPTION: In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following: ☐ City Engineer’s receipt of the following Final Map(s) for review: ☒ City Engineer’s pending decision on the following Final Map(s): Tract Location Developer Number of Units/Lots Type Proposed Decision 8295 7144 Regional Street Trumark Homes 60 Units on 6 Lots Condominium Approve 4.4 Packet Pg. 270 Page 2 of 2 ATTACHMENTS: 1. Copy of Final Map for Tract 8295 4.4 Packet Pg. 271 OWNER'S STATEMENT:THE UNDERSIGNED DOES HEREBY STATE THAT IT IS THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHIN THEBOUNDARY LINES UPON THE HEREIN EMBODIED FINAL MAP ENTITLED: "TRACT 8295 FOR CONDOMINIUM PURPOSES, CITY OF DUBLIN,ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF FIVE (5) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT ITHAS CAUSED SAID MAP TO BE PREPARED FOR RECORD AND DOES CONSENT TO THE MAKING AND RECORDATION OF SAID MAP; ANDTHAT SAID MAP DOES PARTICULARLY SET FORTH AND DESCRIBE ALL PARCELS BY THEIR NUMBER OR LETTER, BEARINGS ANDDISTANCES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES: 1.THE AREAS DESIGNATED AS EMERGENCY VEHICLE ACCESS EASEMENT (EVAE) AS SHOWN UPON SAID MAP, FOR THE PURPOSESHOWN ON THE FINAL MAP OF INGRESS AND EGRESS OF EMERGENCY VEHICLES. 2.THE AREAS IN, UNDER, ALONG, AND ACROSS ANY AREA OR STRIP OF LAND DESIGNATED AS PUBLIC SERVICE EASEMENTS (PSE),AS DELINEATED AND EMBRACED WITHIN THE BOUNDARIES OF THE HEREIN EMBODIED MAP, DEDICATED TO THE CITY OF DUBLINFOREVER FOR THE "PURPOSES OF PUBLIC SERVICES" (AS HEREIN DEFINED). THE "PURPOSES OF PUBLIC SERVICES" SHALLINCLUDE THE CONSTRUCTION, RECONSTRUCTION, REMOVING, REPLACING, REPAIRING, MAINTAINING, OPERATING, AND USING"PUBLIC SERVICE FACILITIES" (AS DEFINED HEREIN), AND ACCESS THROUGH THE PUBLIC SERVICE EASEMENT FOR THESEPURPOSES. "PUBLIC SERVICE FACILITIES" SHALL INCLUDE PUBLIC UTILITIES, FIRE HYDRANTS, ELECTROLIERS, IRRIGATIONSYSTEMS, SIGNS AND TRAFFIC SIGNALS, AND ALL NECESSARY APPURTENANCES THERETO SUCH AS BRACES, CONNECTIONS,FASTENINGS, APPLIANCES, AND FIXTURES FOR USE IN CONNECTION THEREWITH. ALL PUBLIC SERVICE EASEMENTS SHALL BEKEPT OPEN AND FREE FROM BUILDINGS OR STRUCTURES OF ANY KIND, WITH THE SOLE EXCEPTION OF PUBLIC SERVICEFACILITIES. ALL PUBLIC SERVICE EASEMENTS SHALL BE CONSIDERED PUBLIC "WAYS" AS THAT TERM IS USED IN CALIFORNIAPUBLIC UTILITIES CODE SECTION 6202, AND ALL PUBLIC UTILITIES HOLDING A VALID FRANCHISE FROM THE CITY SHALL HAVETHE RIGHT TO USE THE PUBLIC SERVICE EASEMENTS IN ACCORDANCE WITH THE TERMS OF THE FRANCHISE. AND THE UNDERSIGNED DOES HEREBY RESERVE TO ITSELF AND TO THE OWNERS, RESIDENTS, CUSTOMERS AND OTHERSDESIGNATED BY THE HOMEOWNERS ASSOCIATION, THE AREAS MARKED AS PRIVATE ACCESS EASEMENT (PAE), AND PARCELS ATHROUGH G, AS SHOWN UPON SAID MAP. SAID PARCELS ARE FOR THE PURPOSE OF BUT NOT LIMITED TO, PRIVATE INGRESS ANDEGRESS, PRIVATE UTILITIES, PRIVATE STORM DRAINS, LANDSCAPING AND ALL APPURTENANCES. MAINTENANCE OF SAID PRIVATEACCESS WAYS IS TO BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION, ALL IN ACCORDANCE WITH THE SUBDIVISIONRESTRICTIONS GOVERNING THIS PROJECT. SAID PARCELS ARE TO BE CONVEYED TO THE HOMEOWNERS ASSOCIATION BY SEPARATEDOCUMENT SUBSEQUENT TO THE FILING OF THIS FINAL MAP. THE AREAS DESIGNATED AS DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) ARE HEREBY DEDICATED BY SEPARATE INSTRUMENTTO DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD), OR IT'S DESIGNEE IN GROSS, AS A SUBSURFACE EASEMENT AND SURFACEEASEMENT FOR POTABLE AND RECYCLED WATER AND SANITARY SEWER PURPOSES, INCLUDING ACCESS THERETO, FOR THECONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENTS OF WORKS, IMPROVEMENTS, AND STRUCTURES, AND THECLEARING OF OBSTRUCTIONS AND VEGETATION. NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALLANYTHING DONE THEREIN, NOR ACCESS RESTRICTED THERETO WHICH MAY INTERFERE WITH DSRSD'S FULL ENJOYMENT OF SAIDEASEMENT. ACCEPTANCE OF SAID EASEMENT WILL BE BY SEPARATE INSTRUMENT. THE REAL PROPERTY DESCRIBED HEREIN IS ALSO SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, ANDRESTRICTIONS (CC&R'S) THAT GOVERN THIS SUBDIVISION AND ANY AMENDMENTS THERETO APPROVED IN ACCORDANCE WITH THEIRTERMS. THIS MAP SHOWS OR NOTES ALL EASEMENTS OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP. IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE ______ DAY OF _______________________, 2016. AS OWNERS:BDC REGIONAL STREET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AN UNDIVIDED 62% INTEREST, AS TENANTS IN COMMON. BY: PRINTED: ___________________________________ TITLE: ______________________________________ BDC AMERICAN CANYON II L.P., A CALIFORNIA LIMITED PARTNERSHIP, AN UNDIVIDED 38% INTEREST, AS TENANTS IN COMMON. BY: PRINTED: ___________________________________ TITLE:______________________________________ CLERK OF THE BOARD OF SUPERVISORS' STATEMENT: STATE OF CALIFORNIA) COUNTY OF ALAMEDA) I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT: □AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AMOUNT OF $___________ CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES, APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT.□ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF ____________, 2016. ANIKA CAMPBELL-BELTON BY: CLERK OF THE BOARD OF SUPERVISORS DEPUTY COUNTY CLERK COUNTY OF ALAMEDA, STATE OF CALIFORNIA COUNTY RECORDER'S STATEMENT: FILED FOR RECORD THIS DAY OF , 2016 AT M., IN BOOK OF MAPS AT PAGES THROUGH , UNDER SERIES NO. 2016 AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. FEE: $_____________ STEVE MANNING COUNTY RECORDER IN AND FOR THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA BY: DEPUTY STATEMENT OF SOILS REPORT: THE FOLLOWING GEOTECHNICAL INVESTIGATION REPORT WAS PREPARED FOR TRUMARK HOMES, LLC AND IS ON FILEWITH THE CITY OF DUBLIN, CALIFORNIA PROJECT NO. 206-37-3, DATED DECEMBER 8, 2015, TITLED FAULT RUPTURE HAZARD EVALUATION AND DESIGN-LEVELGEOTECHNICAL INVESTIGATION FOR REGIONAL STREET RESIDENTIAL DEVELOPMENT, PREPARED BY CORNERSTONEEARTH GROUP. OWNER'S ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA } SS COUNTY OF } ON , 2016, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: TRACT 8295 DUBLIN I - 6 8 0 I-580CITY OF DUBLIN CITY LIMITS PROJECT SITE S A N R A M O N R O A D DUBLIN BLVD R E G I O N A L S T GOLDEN GATE DR ST PATRICK WAY PLEASANTON TRUSTEE'S STATEMENT:THE UNDERSIGNED, FIRST AMERICAN TITLE COMPANY AND TRUST AS TRUSTEE UNDER THE DEED OF TRUST RECORDEDJUNE 26, 2013, AS INSTRUMENT NO. 2013222782, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, CONSENTS TOTHE PREPARATION AND FILING OF THIS MAP OF TRACT 8295, AND JOINS IN ALL OFFERS OF DEDICATION HEREIN. BY: PRINTED NAME & TITLE: DATE: TRUSTEE'S ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA } SS COUNTY OF } ON , 2016, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: AMADOR VALLEY B L V D OWNER'S ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA } SS COUNTY OF } ON , 2016, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: 4.4.a Packet Pg. 272 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 2 9 5 ( 1 1 8 2 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l ACTING CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED “TRACT 8295 FOR CONDOMINIUM PURPOSES, CITY OFDUBLIN, ALAMEDA COUNTY, CALIFORNIA", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT. DATED: , 2016SETH H. IRISH, ACTING CITY SURVEYORPLS 5922, EXPIRES DECEMBER 31, 2016CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA TRACT 8295 SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITHTHE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF TRUMARK HOMES LLC,INC. IN FEBRUARY OF 2016. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLYAPPROVED TENTATIVE MAP, IF ANY, AND THAT ALL THE MONUMENTS INDICATED HEREON ARE OF THE CHARACTER ANDOCCUPY POSITIONS INDICATED HEREON OR WILL BE SET WITHIN TWENTY FOUR MONTHS FROM RECORDATION OF THISFINAL MAP, AND THE COMPLETION OF IMPROVEMENTS, AND WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED,AND THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT THE GROSS AREA WITHIN THE TRACT IS 2.72 ACRES, MOREOR LESS. DATED: , 2016IAN MACDONALDLS NO. 8817REGISTRATION EXPIRES: DECEMBER 31, 2017 CITY ENGINEER'S STATEMENT: I, ANDREW C. RUSSELL, CITY ENGINEER OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THE HEREIN EMBODIED FINAL MAP ENTITLED "TRACT 8295" , CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, CONSISTING OF FIVE (5) SHEETS, THIS STATEMENT BEING UPON SHEET TWO (2) THEREOF, AND THAT THE FINAL MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS DAY OF , 2016, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVED ALTERATION THEREOF, AND THAT I APPROVE SAID MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, ON BEHALF OF THE CITY OF DUBLIN, PUBLIC SERVICE EASEMENT (PSE) AND EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION. ALSO ON BEHALF OF THE CITY DID ABANDON IN IT'S ENTIRETY PER SECTION 66434(g) AND 66499.20.2 OF THE SUBDIVISION MAP ACT: THE STORM DRAIN EASEMENT AS RECORDED IN REEL 2454 IMAGE 610, OFFICIAL RECORDS, WITHIN THE LIMITS OF THE HEREIN EMBODIED TRACT 8295. I FURTHER STATE THAT ALL AGREEMENTS AND SURETY REQUIRED BY LAW TO ACCOMPANY THE WITHIN TRACT MAP ARE APPROVED AND ARE FILED WITH THE CITY. SIGNED: DATED: ANDREW C. RUSSELL, CITY ENGINEER R.C.E. 61348, EXPIRES JUNE 30. 2017 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA 4.4.a Packet Pg. 273 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 2 9 5 ( 1 1 8 2 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 2 9 5 ) N69°08'14"E 533.97' BNDY (CALC) (N69°08'15"E)(R1)(R4) 1 PARCEL B 2 PARCEL G 5 PARCEL A 3 4 6 PARCEL E PARCEL F PARCEL D PARCEL C N80°25' 3 3 " E 93.91'( R 4 ) 1 PARCEL B 2 PA R C E L G 5 N2 0 ° 5 1 ' 4 5 " W 2 7 7 . 2 5 ' ( R 2 ) N20°51'45"W 62.00'(R4) R=40.00'Δ=90°00'00" L=62.83'(R4) N2 0 ° 5 1 ' 4 5 " W 2 3 7 . 2 5 ' ( R 4 ) N2 0 ° 5 1 ' 4 5 " W 6 4 3 . 9 3 ' ( R 4 ) N69°08'15"E 338.74' 97 . 4 3 ' N9 ° 3 1 ' 2 7 " W 11 3 . 9 5 ' ( R 4 ) BA S I S O F B E A R I N G S N9 ° 3 1 ' 2 7 " W 8 6 1 . 9 5 ' ( R 4 ) 2 3 4 6 PARCEL A PARCEL E PA R C E L F PA R C E L D PARCEL C 20 7 . 2 5 ' 33 9 . 2 5 ' (3 3 9 . 2 4 ' ( R 2 ) ) N69°08'15"E 27.42' N5 ° 5 1 ' 4 5 " W 3 6 7 . 1 3 ' ( R 1 ) ( R 4 ) N 2 8 ° 2 0 ' 1 1 " W 2 5 5 . 0 5 ' ( R 1 ) ( R 4 ) 30 4 . 6 8 ' ( R 1 ) ( R 4 ) 32.00' R=1030.00' Δ=13°04'52" L=235.16' N23°23'44"E 0.10' N45°17'28"E 0.24' N69°08'15"E 28.00' N69°08'15"E(R) 28.00' N69°08'15"E 100.00'(R4) 240.00'(T) 210.00'(R2) N69°08'15"E 723.46'(R4) N9 ° 3 1 ' 2 7 " W 1 3 1 4 . 1 2 ' N70°07'15"E 308.41'(R4) N80°28' 4 2 " E 129.00' ( R 4 ) N5 ° 5 1 ' 4 5 " W 13 6 . 2 7 ' N28°20'11"W 52.86'(R3) N69°08'14"E 282.00' 17 7 . 2 5 ' 100.00' 43 0 . 5 5 ' ( R 1 ) 16 4 . 7 9 ' ( R 3 ) ( R 4 ) N80°28' 3 3 " E 4 8 1 . 1 1 ' ( R 1 ) (481.10 ' ( R 4 ) ) N69°08'14"E 282.00'(R2) N70°07'15"E 38.42' (38.37'(R4)) N80°28' 3 3 " E 148.53' ( R 2 ) ( R 4 ) N2 0 ° 5 1 ' 4 5 " W 13 6 . 3 2 ' ( R 2 ) ( R 4 ) 128.74'(R2) Δ=2°15'34" L=18.53'(R1) N75°30'07"E 4 2 7 . 9 8 ' B N D Y ( R 1 ) N84°08'15"E 28.37'(R1) N9 ° 3 1 ' 2 7 " W 2 6 6 . 6 1 ' B N D Y ( R 1 ) N69°08'15"E 23.64' BNDY(R1) N20°51'45"W 172.76' BNDY(R1) R=1030.00'Δ=1°55'08" L=34.50' BNDY(R1) R=470.00'Δ=22°28'26"(T) L=184.35'(T) Δ=11°45'39" L=96.47'(R3) Δ=8°27'13" L=69.35'(R3) N81°52 ' 4 1 " E ( R ) N80°28' 3 3 " E 88.99' (89.00' ( R 3 ) ) R=1024.00'Δ=14°49'28"L=264.95'(Δ=14°49'27"L=264.94'(R3))R=40.00'Δ=90°00'00" L=62.83' 288.69' 192.41' N9 ° 3 1 ' 2 7 " W 89 . 7 8 ' N24°04'40"W 127.08' N78°32'4 8 " E 1 8 5 . 0 0 ' R=40.00' Δ=86°00'43" L=60.05'(R3) 80 . 4 1 ' ( R 1 ) N80°25' 3 3 " E 93.91'( R 4 ) N9 ° 3 4 ' 4 1 " W 99 . 6 4 ' ( R 4 ) N80°35'03"E 33.82' BNDY(R1) 3 282.00'251.97' N71°03'24"E(R) 79 . 2 9 ' (R 4 ) Δ=7°10'02"L=128.10'(Δ=7°09'37"L=127.97'(R3)) Δ=7°39'26" L=136.85' (Δ=7°39'26" L=136.85'(R3)) PARCEL B PARCEL A N80°35'03"E 33.82' BNDY N9 ° 3 1 ' 2 7 " W 2 6 6 . 6 1 ' B N D Y ( R 1 ) ABUTTERS RIGHT RELINQUISHED BOOK 7870 PAGE 73 PARCEL B PARCEL C 2 PARCEL A 1 3 N69°08'14"E 533.97' BNDY 22 . 4 4 ' N69°08'15"E 5.43' N69°08'15"E 9.85' N20°52'55"W 22.00' N69°08'15"E 7.79' N69°08'15"E 12.20' N20°51'45"W 22.00' TRACT 8295 4.4.a Packet Pg. 274 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 2 9 5 ( 1 1 8 2 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 2 9 5 ) 1 PARCEL B 2 PARCEL A 3 PARCEL E PARCEL D PARCEL C N69°08'15"E 186.90'(M-M) 207.40'(T) N69°08'15"E 172.55'(M-M) 186.55'(T) N2 0 ° 5 1 ' 4 5 " W 27 . 4 6 ' ( M - M ) N9 ° 3 1 ' 2 7 " W 2 6 6 . 6 1 ' B N D Y 5539± SF 1 4848± SF PARCEL B N2 0 ° 5 1 ' 4 5 " W 44 . 7 3 ' ( T ) N2 0 ° 5 1 ' 4 5 " W 44 . 7 3 ' N20°52'55"W 26.97' N20°51'45"W (R) 22.00' R=9.50'Δ=90°00'00" L=14.92' N69°08'15"E 26.50'(T) L1C1 L2 C2 N20°51'45"W 10.16' 28 . 7 3 ' 16 . 0 0 ' 28 . 7 3 ' 16 . 0 0 ' L3 L4 C3 L6 L7 L8 L9 R=9.50'Δ=90°00'00" L=14.92' C4 C 5 15.01' 3.99' N2 0 ° 5 1 ' 4 5 " W 69 . 5 6 ' N2 0 ° 5 1 ' 4 5 " W 6 9 . 7 5 ' N69°08'15"E 185.90'(T) N20°51'45"W 27.90' N2 0 ° 5 1 ' 4 5 " W 1 4 3 . 5 9 ' N69°08'15"E 117.33' N2 0 ° 5 1 ' 4 5 " W 25 . 8 2 ' N69°08'15"E 112.33' 21.58' 47 . 5 6 ' 13.25'13.25' 180.90' 21.74' N2 0 ° 5 1 ' 4 5 " W 50 . 0 0 ' 41 8 9 ± S F PA R C E L D 9914± SF PARCEL A 9409 ± SF 3 N69°08'14"E 533.97' BNDY 4 PARCEL E 16285± SF 2 4334± SF PARCEL C N69°08'15"E 154.90' R=14.50'Δ=90°00'00" L=22.78' N69°15'13"E 26.50'(T) PAE, PSE, EVAE, DSRSD L5 PAE, PSE, DSRSD EVAE, DSRSD PAE, PSE, EVAE, DSRSD PA E , P S E , EV A E , D S R S D N2 0 ° 5 1 ' 4 5 " W 43 . 9 0 ' ( M - M ) N75°30'07"E 132.10'(M-M) N2 0 ° 5 1 ' 4 5 " W 1 1 5 . 7 5 ' ( M - M ) 160.55' (M-PL) 160.40' (M-PL)22 . 0 0 ' N69°08'15"E 20.50' 10 ' 10 ' 12 ' 96 . 2 2 ' ( M - P L ) N69°07'05"E 14.00' 10 ' 12 ' 10 ' 12 ' N69°08'15"E 165.04'(T) 12'14.5' 12'14.5' N20°51'45"W 3.50'M-PL N6 9 ° 0 8 ' 1 5 " E ( R ) 19 . 5 0 ' 14.00' 20.50' 208.65' 26.50' (M-PL) 151.04'12.00' (M-PL) N69°08'15"E(R) N80°35'03"E 33.82' BNDY N75°30'07"E 4 2 7 . 9 8 ' B N D Y N69°08'15"E 1.37' N2 0 ° 5 2 ' 5 5 " W 7 0 . 2 8 ' ( T ) 48 . 2 8 ' 22.00' 11 9 . 2 5 ' ( T ) Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 Bearing N69°08'15"E N20°51'45"W N69°08'15"E N69°08'15"E N69°08'15"E N69°08'15"E N20°51'47"W N69°08'15"E N20°51'45"W Length 1.50' 16.00' 28.00' 25.22' 5.00' 2.00' 16.00' 19.00' 16.00' Curve Table Curve # C1 C2 C3 C4 C5 Radius 2.50' 2.50' 2.50' 2.50' 2.50' Delta 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" Length 3.93' 3.93' 3.93' 3.93' 3.93' TRACT 8295 4.4.a Packet Pg. 275 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 2 9 5 ( 1 1 8 2 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 2 9 5 ) PARCEL G 5 4 6 PARCEL E PARCEL F PARCEL D N75°30'07"E 4 2 7 . 9 8 ' B N D Y N2 0 ° 5 1 ' 4 5 " W 1 7 2 . 7 6 ' B N D Y N69°08'15"E 40.20'N75°30'07"E 1 9 5 . 5 3 ' N75°30'07"E 45.00' N75°30'07"E 32.92'N75°30'07"E 30.67' N75°30'07"E 19.00' N2 0 ° 5 1 ' 4 5 " W 1 5 8 . 1 9 ' N2 0 ° 5 1 ' 4 5 " W 1 5 6 . 3 3 ' ( T ) N2 0 ° 5 1 ' 4 5 " W 1 3 9 . 3 5 ' N2 0 ° 5 1 ' 4 5 " W 1 5 1 . 9 5 ' R=14.50'Δ=95°28'47" L=24.16' N2 0 ° 5 1 ' 4 5 " W 25 . 8 2 ' N2 0 ° 5 1 ' 4 5 " W 50 . 0 0 ' 55.72'116.82' 109.45' L1 C 1 L2 L3 C2 C 3 L4 C 4 C5 C 6 L5 C7 C8 C9 C10 L6 L7 L8 L9 R=14.50'Δ=83°38'08" L=21.17' L10 11.00'11.00'11.00'11.00' 14 . 6 0 ' N14°29'53"W 15.81' 15356 ± SF 5 PARCEL B 2 1 18615 ± SF 4 7806± SF 6 3 32 0 4 ± S F PA R C E L G N69°08'15"E 26.50' N69°08'15"E 22.00'N69°08'15"E 22.00' 13.25' N20°51'45"W 10.16' N20°51'45"W 7.81' N20°51'45"W 7.29' 31 9 1 ± S F PA R C E L F R=15.50'Δ=96°21'52" L=26.07' 11 . 2 8 ' 14 5 . 0 5 ' N2 0 ° 5 1 ' 4 5 " W 1 4 5 . 0 5 ' N69°08'15"E(R) 41 8 9 ± S F PA R C E L D PA E , P S E EV A E , D S R S D 9914± SF PARCEL A PAE, PSE EVAE, DSRSD PA E , P S E EV A E , D S R S D PAE, PSE EVAE, DSRSD PA E , P S E EV A E , D S R S D PARCEL CPAE, PSE EVAE, DSRSD N20°51'45"W 27.46'(M-M)N75°30'07"E 1 3 2 . 1 0 ' ( M - M ) N75°30'07"E 1 1 7 . 5 5 ' ( M - M ) N2 0 ° 5 1 ' 4 5 " W 1 7 4 . 8 1 ' ( M - M ) 14 1 . 5 5 ' ( M - P L ) N2 0 ° 5 1 ' 4 5 " W 1 6 2 . 3 0 ' ( M - M ) 14 1 . 5 8 ' ( M - P L ) N51°49 ' 1 7 " E 35.78' ( M - M ) N69°08'15"E 50.57'(M-M) N2 0 ° 5 1 ' 4 5 " W 43 . 9 0 ' ( M - M ) N2 0 ° 5 1 ' 4 5 " W 1 1 5 . 7 5 ' ( M - M ) N2 0 ° 5 1 ' 4 5 " W 12 0 . 9 4 ' ( M - M ) N2 0 ° 5 1 ' 4 5 " W 5 2 2 . 9 9 ' ( M - M ) 27.94' (M-PL) 96 . 2 2 ' ( M - P L ) N20°51'45"W 3.50'(M-PL) 14.5'12'12'10'N20°51'45"W 3.50'(M-PL) 14.5'12'N69°08'15"E 172.55'(M-M) 160.55'(M-PL) 14 . 5 ' 31 . 8 1 ' 12'10' 14 . 5 ' 14 . 5 ' 11 . 5 2 ' 13 . 8 3 ' N20°51'45"W 3.50'(M-PL) 12'10' 19 . 5 3 ' (M - P L ) 12 . 0 0 ' ( M - P L ) 33 . 2 5 ' (M - P L ) 20 . 7 2 ' 22.63' (M - P L ) (M-PL) N69°08'15"E 30.23'C12 N69°08'15"E(R) 16045 ± SF PARCEL E N15°22'58"W(R) N49°34'36"W(R) N12°57'17"W(R) N55°31'12"W(R) 21.58' 131.03' N69°08'14"E 533.97' BNDY 58.96' 5.87' 17 8 . 3 1 ' ( T ) 16 5 . 8 0 ' ( T ) Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 Bearing N69°15'13"E N14°29'53"W N14°29'53"W N69°08'15"E N75°30'07"E N69°08'15"E N14°29'53"W N14°29'53"W N75°30'07"E N39°20'32"E Length 26.50' 17.50' 17.50' 22.00' 3.93' 22.95' 15.50' 15.50' 10.44' 25.35' Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 Radius 2.50' 2.50' 9.50' 2.50' 2.50' 3.50' 9.50' 19.33' 19.50' 46.50' 1030.00' 14.50' Delta 90°53'05" 90°00'00" 83°38'08" 90°00'00" 90°00'00" 90°00'00" 41°01'19" 42°33'55" 36°37'19" 28°42'51" 0°03'16" 90°00'00" Length 3.97' 3.93' 13.87' 3.93' 3.93' 5.50' 6.80' 14.36' 12.46' 23.30' 0.98' 22.78' R=1030.00' Δ=1°55'08" L=34.50' BNDY (T) N69°08'15"E 23.64' BNDY L6 N69°11'31"E(R)C11 N71°03'24"E(R) N70°41'39"E(R) 27.94' (M-PL) N69°44'54"E(R) 22.63' N69°08'15"E 30.23' (M-PL)N69°08'15"E 50.57'(M-M) N2 0 ° 5 1 ' 4 5 " W 1 2 0 . 9 4 ' ( M - M ) N2 0 ° 5 1 ' 4 5 " W 5 2 2 . 9 9 ' ( M - M ) Δ=0°21'45" L=6.52' Δ=1°30'08" L=27.00' Δ=0°33'23" L=10.00' N2 0 ° 5 1 ' 4 5 " W 17 2 . 7 6 ' B N D Y TRACT 8295 4.4.a Packet Pg. 276 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 2 9 5 ( 1 1 8 2 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 2 9 5 ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: First Reading of Ordinance Amending the Dublin Municipal Code regarding City Councilmembers' Salaries Prepared by: Caroline P. Soto, City Clerk Records Manager EXECUTIVE SUMMARY: The City Council will introduce an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers following certification of th e November 2016 General Municipal election. STAFF RECOMMENDATION: Staff recommends that the City Council waive the reading and INTRODUCE the Ordinance amending Dublin Municipal Code Section 2.08.020 and providing for an increase in the salary for members of the City Council. FINANCIAL IMPACT: Sufficient funds are in the FY2016-17 budget to cover the increase. DESCRIPTION: Chapter 2.08.020 of the Dublin Municipal Code establishes the salaries for City Council members (Attachment 1). The Dublin City Council last adjusted salaries for the City Council in December 2012, which was effective after the November 2012 election (Attachment 2). City Councilmembers currently receive $903.91 per month as compensation. Dublin Municipal Code section 2.08.040 provides an additional $100 per month to the Mayor in addition to the salary he/she receives as a Councilmember. The Mayor’s current salary is $1,003.91 per month. At the March 29, 2016 City Council meeting, the City Council approved a salary increase for City Councilmembers equal to 5% per year since its last increase, as allowed by Government Code Section 36516(4). With the approved increase, City Councilmembers will receive $1,098.71 per month, with the Mayor receiving $100 more per month, or $1,198.71. 4.5 Packet Pg. 277 Page 2 of 2 In accordance with Dublin Municipal Code Section 2.08.020.B and state law, the salary adjustment will not become effective until new City Councilmembers are sworn into office following certification of the November 2016 election. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Dublin Municipal Code Section 2.08.020 2. Ordinance No. 2-12 Adopted March 20, 2012 3. Proposed Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council 4.5 Packet Pg. 278           ! " # $ !   % !&'( ) (*+) , - ) - &.)) () /0 12 34 /5 0 "2 344) 5  !!"" % *6$67()&( (( &) (2/83  35  , 9((/5 & /0  2 4 :0 12 34/5 0 $2 4 :0 2 64 :0 12 "4 :0 12 4 :0  2334 :0 6234 :0 23 4 :0 2 344 ) 0 "2 44 ) 0  2 144)" 0  2 $4 0 6) 3 5 # $    %!!"&!   % !/"5 , !&/ 5 /0 12 34/5 0 23 44) 5 '  ( !(/8 5) ' -!;0<9-=* !'032)9(3)  4.5.a Packet Pg. 279 At t a c h m e n t : 1 . D u b l i n M u n i c i p a l C o d e S e c t i o n 2 . 0 8 . 0 2 0 ( 1 1 9 7 : C C S a l a r i e s 2 0 1 6 ) &>( /0 12 34/5 0 23 4 5 ) !! 9(&/ 5() (/"5( - /%5 &(/5(&/ 5 (:/,5& (&/ 5((( :/5&(/5/"5( ((:/'5&( &/ 5((/5( :/5&(( (/5(:/?5 &((( ( %)( (( &/ 5/5(( (/5/5 /0 12 34/5 0  23645 ' -!;0<9-=* !'032)9(3)  4.5.a Packet Pg. 280 At t a c h m e n t : 1 . D u b l i n M u n i c i p a l C o d e S e c t i o n 2 . 0 8 . 0 2 0 ( 1 1 9 7 : C C S a l a r i e s 2 0 1 6 ) 4.5.b Packet Pg. 281 At t a c h m e n t : 2 . O r d i n a n c e N o . 2 - 1 2 A d o p t e d M a r c h 2 0 , 2 0 1 2 ( 1 1 9 7 : C C S a l a r i e s 2 0 1 6 ) ORDINANCE NO. XX - 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. PURPOSE Ordinance No. 6-82 established salaries for members of the City Council, as amended by Ordinances No. 22-85, 8-87, 4-88, 3-89, 1-90, 6-91, 23-99, 7-02, 7-04, 3-06, 5-08 and 2-12. The purpose of this Ordinance is to modify salaries for members of the City Council in accordance with Government Code Section 36516. The salary increase shall become effective when new Councilmembers are sworn into office following the certification of the November 2016 General Municipal Election. Section 2: AMENDMENT OF MUNICIPAL CODE Section 2.08.020, Subsection A of the Dublin Municipal Code is hereby amended to read as follows: Pursuant to Section 36516 of the Government Code which provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand ninety-eight dollars and seventy-one cents ($1,098.71) per month. Section 3: EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ____day of __________, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.5.c Packet Pg. 282 At t a c h m e n t : 3 . P r o p o s e d O r d i n a n c e A m e n d i n g D u b l i n M u n i c i p a l C o d e S e c t i o n 2 . 0 8 . 0 2 0 a n d P r o v i d i n g f o r a n I n c r e a s e i n t h e S a l a r y f o r M e m b e r s Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Consulting Services Agreement with BKF Engineers for the Preliminary Engineering Related to the Extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore, Project No. ST0216 Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider approval of a Consulting Services Agreement with BKF Engineers (BKF) to provide technical services for completing the Preliminary Engineering work for the extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore. The work will include the development of the Precise Alignment of the new roadway and the preparation of an Environmental Impact Report (EIR) as per the California Environmental Quality Act (CEQA) requirements. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving a Consulting Services Agreement with BKF Engineers for Conducting Preliminary Engineering for the Extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore, and approve the Budget Change. FINANCIAL IMPACT: The scope of work proposed by BKF is set at a not-to-exceed amount of $615,000 and is considered reasonable for the project scope. Out of this amount, the City of Livermore has agreed to pay 20% of the total cost or $123,000. The City Council has previously approved budget in the amount of $400,000 for this work (ST0216) as part of the current CIP adopted June 2016. The additional funding in the amount of $215,000 is requested to cover the cost of preparation of an EIR, and $35,000 for City of Dublin staff time to implement the project. Sufficient funds are available in the Eastern Dublin Traffic Impact Fee fund for the work originally envisioned with the additional scope being covered by the attached budget change. There is no impact to the General Fund. DESCRIPTION: Existing Dublin Boulevard is a major arterial roadway connecting Dublin’s Downtown 4.6 Packet Pg. 283 Page 2 of 2 area to the west and to a recently developed area to the east. This roadway is also a key route for transit buses that provides access to various commercial and office uses and to the two BART stations. Due to its adjacency to I-580, it also serves as a gateway to the City of Dublin for residents and visitors. The General Plans of both the City of Dublin and the City of Livermore plan for the extension of this roadway to connect the two cities. Similarly, the Eastern Dublin Traffic Impact Fee program assumes the extension of this roadway as part of the continued buildout of the eastern parts of the City, and has been collecting partial funding for this project. Due to its importance in local and regional circulation, this roadway extension project is also part of the Countywide Transportation Plan and the nine Bay Area counties’ Regional Transportation Plan roadway network. Staff anticipates that this roadway extension will allow the creation of an enhanced transit, bicycle and pedestrian connection to and from Livermore. On March 1, 2016 City Council approved a Memorandum of Understanding (MOU) with the City of Livermore to set forth the parties’ goals and expectations with respect to implementing the initial preliminary design phase. The initial preliminary design work entails the completion of a traffic study and the initial design, including the preparation of precise alignment. The traffic study will determine the ultimate capacity (number of lanes) needed for this roadway extension. Completing this preliminary design is critical for both cities in order to significantly improve the chances for receiving regional and/or federal funding. After the completion of the preliminary design, Staff will bring forth an agenda item requesting City Council’s approval of the precise alignment and an update to the related planning documents, including the General Plan. Staff completed a Request for Proposal process in July, 2016 to hire a Consultant to provide professional services for the initial preliminary design. BKF Engineers is the consultant selected as a result of that process with a not-to-exceed budget of $615,000. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copy of Staff Report sent to: BKF Engineers, the City of Livermore and the Alameda County Public Works. ATTACHMENTS: 1. Resolution Approving Consulting Services Agreement with BKF Engineers for conducting Preliminary Engineering for the Extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore 2. BKF Agreement 3. Budget Change Form 4.6 Packet Pg. 284 RESOLUTION NO. ____ - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR CONDUCTING PRELIMINARY ENGINEERING FOR THE EXTENSION OF DUBLIN BOULEVARD IN DUBLIN TO NORTH CANYONS PARKWAY IN LIVERMORE WHEREAS, the 2016 - 2021 Capital Improvement Program (CIP) includes ST0216 Project to design and construct Dublin Boulevard extension to Livermore; and WHEREAS, the City has completed a Request For Proposal (RFP) process to select an engineering consultant firm to complete the preliminary design work for this CIP Project; and WHEREAS, BKF Engineers has demonstrated the ability to perform said preliminary design work; and WHEREAS, BKF Engineers is available to perform said work as specified in for a not to exceed amount of $615,000. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to approve the Consulting Services Agreement (Agreement) with BKF Engineers attached hereto (Attachment 1) and authorize the City Manager to execute the Agreement. 4.6.a Packet Pg. 285 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h B K F E n g i n e e r s f o r c o n d u c t i n g P r e l i m i n a r y E n g i n e e r i n g f o r t h e Page 2 of 2 PASSED, APPROVED AND ADOPTED this 1st day of November 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Attachmnet 1 4.6.a Packet Pg. 286 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h B K F E n g i n e e r s f o r c o n d u c t i n g P r e l i m i n a r y E n g i n e e r i n g f o r t h e Attachment 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS This Agreement is made and entered into between the City of Dublin ("City") and BKF Engineers as of November 1, 2016 (the "Effective Date"). In consideration of their mutual covenants, the parties hereto agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2018, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $615,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and 1 4.6.b Packet Pg. 287 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 288 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 289 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 290 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 291 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 292 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 293 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 294 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 295 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 296 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 297 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 298 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 299 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 300 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 301 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 302 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 303 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 304 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 305 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 306 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 307 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 308 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 309 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 310 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 311 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 312 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 313 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 314 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 315 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 316 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 317 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 318 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 319 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 320 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 321 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 322 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 323 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 324 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 325 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 326 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 327 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 328 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 329 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 330 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 331 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 332 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 333 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 334 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 335 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 336 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 337 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 338 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 339 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 340 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 341 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 342 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 343 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 344 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) 4.6.b Packet Pg. 345 At t a c h m e n t : 2 . B K F A g r e e m e n t ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount ST0216.9200.9202 - Design $215,000 ST0216.9100.9101 - Staff Salaries & Benefits $35,000 3600.9601.49999 (Transfers In)$250,000 ST0216.1001 (1001.9601.89101) - GF Transfers Out $123,000 ST0216.4301 (4301.9601.89101) - EDTIF1 Transfers Out $127,000 1001.9601.49141 $123,000 11/1/2016 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN The Preliminary Engineering Study appropriation for FY 2016-17 (CIP Project ST0216) currently totals $400,000. Now that the RFP process is complete, it is determined an EIR will be required as a part of this process (rather than a mitigated neg dec, as previously thought). Of that amount, City of Livermore has agreed to pay for 20 % of the project cost as per the MOU. REASON FOR BUDGET CHANGE FISCAL YEAR 2016-17 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT EXP: Traffic Impact Fee EDTIF1 - Street CIP - Dublin Blvd ExtensionFund - Program - Account Description City Council's Approval Required REV: General Fund - Street CIP - Reimbursement C:\Users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\1564.xlsx 1564.xlsx 4.6.c Packet Pg. 346 At t a c h m e n t : 3 . B u d g e t C h a n g e F o r m ( 1 1 9 0 : D u b l i n B o u l e v a r d E x t e n s i o n - P r e l i m i n a r y S t u d y ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Small Business Saturday Proclamation and Update on Other Economic Development Activities in 2016 Prepared by: Erin Steffen, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider proclaiming November 26, 2016 as Small Business Saturday. Additionally, the City Council will receive an update on other economic development efforts this year, including the Discover Dublin campaign. STAFF RECOMMENDATION: Staff recommends that the City Council accept the report and proclaim November 26, 2016, as Small Business Saturday in Dublin. FINANCIAL IMPACT: Costs associated with the Discover Dublin Shop Local campaign are included in the Fiscal Year 2016-2017 budget. DESCRIPTION: Small Business Saturday Proclamation The national Small Business Saturday campaign was founded by American Express in 2010 to encourage people to support small, local businesses. The event traditionally takes place on the Saturday following Thanksgiving and “Black Friday,” known as the first day of the busy holiday shopping season. According to an American Express survey, an estimated 95 million people shopped at small independent businesses during Small Business Saturday in 2015. Looking to the remainder of 2016 and to 2017, the City will continue to provide support and bring resources to local businesses, to promote and expand existing programs and partnerships, and to promote the local economy where opportunities arise. 4.7 Packet Pg. 347 Page 2 of 3 Discover Dublin In 2011, the City partnered with the Dublin Chamber of Commerce and launched “Discover Dublin for the Holidays,” a social media-based campaign to encourage and increase shopping throughout the City of Dublin during the holidays. In 2015, the campaign was rebranded as “Discover Dublin CA” and expanded to a year-round effort to promote Dublin-based businesses and activities throughout the year. The City partners with the Dublin Chamber of Commerce to maintain an active Facebook page, “Discover Dublin,” where it regularly promotes upcoming retail and business events and welcomes new businesses. With an average of 4.3 posts per week in 2016, focused social media campaigns were delivered during seasons associated with high volumes of retail, including: Restaurant Month and Valentine’s Day; Spring Break, Mother’s Day and prom; graduation and summertime; and back-to-school. Additionally, during the 2015 holiday season, free “Discover Dublin” window clings were distributed to Dublin businesses. The clings identify the merchant’s participation in the program and help to spread awareness. Restaurant Month, in partnership with regional tourism destination group Visit Tri-Valley, utilized both Facebook and Twitter and continued its annual promotion highlighting local wine served in Dublin restaurants during January 2016. Local restaurants were further promoted through the City’s Dining Guide, which highlights the many types of cuisine available throughout Dublin. To support these social media efforts, a full-page branded dining ad was included in Diablo Magazine which promoted the City’s dining guide and Discover Dublin. The 2016 campaign will conclude with promotion to encourage shopping in Dublin during the busy holiday season. The holiday promotion will include free branded retail bags to advertise participation in Discover Dublin, and will make their debut on Small Business Saturday. It is hoped that the distribution of these bags to Dublin businesses will further increase program awareness. Additionally, the City of Dublin and the Dublin Chamber of Commerce are partnering to present the Decorate Dublin Holiday Contest, which seeks to increase festive decor in Dublin's retail areas. Dublin businesses are encouraged to participate in the program and to complete their decorations in anticipation of Small Business Saturday on November 26. Contest winners will be chosen by a panel of judges, with a special “People’s Choice” award being selected by members of the public through the Open City Hall online forum. Other Economic Development Activities in 2016 On February 24, the City of Dublin and the Dublin Chamber of Commerce co-hosted the annual “Dublin Business Expo / Taste of Dublin.” The well-attended event included over 50 vendor booths promoting local businesses as well as business programs offered by Dublin Economic Development, Environmental Services, Parks and Community Services, and Police Services. The City is also partnering with the Chamber to host a second “Oktoberfest” Business Expo, scheduled to take place on November 3. In addition to local efforts, the City promoted the retail and commercial development opportunities available in Dublin through a regional/national marketing campaign, with ads appearing in real-estate focused print media, such as the San Francisco Business 4.7 Packet Pg. 348 Page 3 of 3 Times and Urban Land Institute Magazine. Additionally, the City developed a video showcasing economic development opportunities and benefits of establishing a business in the City of Dublin, which was unveiled during the Mayor's "State of the City" address on April 20. This video has also been shared with visiting groups and on social media to further increase awareness of Dublin. Supporting and recognizing long-time Dublin businesses is also a program priority. On September 21, the City recognized over 50 Dublin businesses which have achieved significant milestone anniversaries of operation in the Dublin community. This year, recognition took place at a successful breakfast reception, which was followed by presentation of plaques to thank the businesses for their continued contributions to the community. In order to provide a range of educational resources to support businesses, the City of Dublin, in partnership with the Small Business Administration, the Town of Danville, the Cities of Livermore, Pleasanton and San Ramon, and the five respective Chambers of Commerce, organized and hosted the inaugural Tri-Valley CommerceCon on Tuesday, October 4. Over 180 people registered for this one-day regional event, which provided local small businesses with individual consultations, information, resources, and tools to encourage sustainable growth. The City of Dublin also unveiled its new print and on-line How to Start a Business Guide <https://indd.adobe.com/view/737dbf11-4d02-43df- 9d3e-c289a1340d87>, which provides step-by-step instructions and tips for locating or growing a business in Dublin. On October 7, Dublin celebrated local, modern manufacturing with participation in Tri- Valley Manufacturing Day. The multi-city effort featured facility tours and presentations at Tri-Valley manufacturers, including AMP Printing in Dublin, in an effort to educate and encourage students to consider rewarding, local manufacturing career opportunities. The City’s marketing campaign, designed to improve and increase communication efforts, included a broad outreach effort with redesigned City publications, a new resident guide, and other tools to help educate the community about resources and amenities in Dublin. In addition to economic development-focused advertising, branded ads supporting signature events such as the St. Patrick’s Day Festival and Splatter were run on BART ads, on regional buses, and even a 30-second television commercial promoting the St. Patrick’s Day Festival. These branding efforts have been recognized recently with a SAVVY Award by the City-County Communications and Marketing Association (3CMA), the Award of Excellence by the California Public Information Officers Association (CAPIO), as well as with an Award of Merit from the California Association of Local Economic Development (CALED). NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Small Business Saturday 2016 Proclamation 4.7 Packet Pg. 349 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “SMALL BUSINESS SATURDAY” WHEREAS, the City of Dublin believes that small businesses are the backbone of our economy and the glue that holds communities together; according to the United States Small Business Administration, there are over 28 million small businesses in the United States and they represent more than 99 percent of American companies, create two-thirds of the net new jobs, and generate half of private gross domestic product; and WHEREAS, small businesses employ over 50% of the working population in the United States; and WHEREAS, the City of Dublin supports our local businesses that create jobs, boost our local economy, and preserve our neighborhoods; and WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, Dave Haubert, Mayor of Dublin, on behalf of the entire City Council, do hereby proclaim November 26, 2016, as “SMALL BUSINESS SATURDAY” and urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. DATED: November 1, 2016 _____________________ _______________________ Mayor Haubert Vice Mayor Gupta ___________________ _____________________ ______________________ Councilmember Biddle Councilmember Hart Councilmember Wehrenberg 4.7.a Packet Pg. 350 At t a c h m e n t : 1 . S m a l l B u s i n e s s S a t u r d a y 2 0 1 6 P r o c l a m a t i o n ( 1 1 9 9 : S m a l l B u s i n e s s S a t u r d a y 2 0 1 6 ) Page 1 of 7 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: City Recruitment and Selection Process Prepared by: Julie Carter, Human Resources Director EXECUTIVE SUMMARY: At the City Council meeting of June 7, 2016, the City Council requested information on the City’s recruitment and selection practices including tools used to promote applicant- pool diversity. STAFF RECOMMENDATION: Staff recommends that the City Council receive the report. DESCRIPTION: At the June 7, 2016 City Council meeting, Staff was directed to provide the City Council with a report that outlines the City’s general employee recruitment and selection practices. Additional details can be found in the City’s adopted Personnel System Rules. Background: A well-planned hiring process improves the quality of the City’s workforce by maximizing the potential for selecting the best-suited applicant for vacancies and at the same time minimizes the City’s liability exposure. Both Federal and State law have an influence on the City’s hiring and selection process. Two important federal laws that make it illegal to discriminate and/or retaliate against applicants are: 1. Title VII of the Civil Rights Act of 1964 2. The Americas with Disabilities Act (ADA) of 1990 The State of California adopted the Fair Employment and Housing Act (FEHA) which generally prohibits discrimination in employment on the basis of race, religious creed, color, national origin, ancestry, disability (mental and physical), medical conditions, 5.1 Packet Pg. 351 Page 2 of 7 genetic information, military and veteran status, marital status, sex, gender, gender identity, gender expression, sexual orientation, age (above 40), and pregnancy. Additionally, California employers are generally prohibited from instituting affirmative action programs, i.e. any program which gives preference to particular candidates based upon a protected category. The California Constitution states that “A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.” (Article I § 8) In fact, the California Constitution was amended in 1996 by Proposition 209 to prohibit public employers from “discriminating[ing] against, or grant[ing] preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” (Article I § 31). The language has been interpreted to greatly limit a public employer’s ability to engage in affirmative action; distinctions based on race are considered inherently suspect and are subjected to strict scrutiny. See Connerly v. State Personnel Board, 92 Cal.App.4th 16 (2001). The law not only prohibits the establishment of traditional affirmative action hiring quotas, it also prohibits the establishment of goals or timetables designed to overcome any areas of underutilization of minorities and women by job category and level. Id. at 55-56. City of Dublin’s Recruitment and Selection Process The City’s personnel system ensures a competitive recruitment and selection process that aligns with the City’s policy to recruit and hire the best qualified candidate. The Human Resources Director manages the City’s hiring, selection and promotion process. The City of Dublin is an equal opportunity employer and does not discriminate because of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, military or veteran’s status, pregnancy, sex or age. Per Dublin Municipal Code Section 2.04.090, the ultimate hiring authority in all cases is the City Manager. The City Manager hereby reserves to him/herself to appoint and remove all officers and department heads, including the City Clerk and the City Treasurer, but excluding the City Attorney. The City Manager shall either approve the appointment, removal, promotion or demotion of all other city employees or authorize department heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council. (Ord. 45-87 § 6 (C): Ord. 7 § 6 (C), 1982) Whenever a vacancy occurs, the hiring Department submits a request for approval to fill the vacancy. The approval process includes a review of the vacant position by City Manager. Ultimately, there must be budget and a resolution authorizing the position allocation. Once approved, the City will use one of three methods to fill a vacant position: Promotion, Transfer or Recruitment. Insofar as consistent with the best interests of the City, all vacancies in the competitive service shall be filled by promotion 5.1 Packet Pg. 352 Page 3 of 7 from within the competitive service, after a promotional examination has been given and a promotional list established. The City will give reasonable notice to all of its employees concerning the City’s employment opportunities. If the position is not filled through a promotion or transfer, the hiring department completes a Recruitment Memo and forwards the request to Human Resources. If a current eligibility list exists for the same or a higher-level position in a related series of jobs, Human Resources will contact top candidates from an eligibility list and invite them to be interviewed by the Department having the vacancy. The Department will make the final selection from among those interviewed. The eligibility list will be kept active for at least 12 months and may be used to fill future vacancies during that period. Typically, if three or fewer names are on an eligibility list, the hiring Department may request to establish a new list. If no current eligibility list exists, Human Resources will conduct a recruitment, as directed by the hiring authority (City Manager) or their designee, including the type of recruitment, use and selection of recruitment media, and duration of the application period, etc. City recruitments may be “promotional” or “open,” depending on the City’s needs. Advertising Job openings are advertised through job announcements or advertisements, when appropriate, through publications and associations. The City’s main source for advertising is Calopps.org. Data collected from the City’s on-line applicant program (Calopps.org) from year 2015 and 2016 indicates the following top five advertising sites: I first learned of this job opening through…as their source for City application: 2015: Total Applicants 2,715 2016: Total Applicants 2,131(as of 10/1/2016) Advertising/Vendor Number Percent Advertising/Vendor Number Percent Calopps 1,669 61.476% Calopps 1,142 53.590% City Website 302 11.123% Indeed 288 13.515% Indeed.com 192 7.072% City Website 148 11.638% Other/ City Job Bulletin 178 6.525% Other/ City Job Bulletin 133 6.241% City Employee 139 5.120% City Employee 107 5.021% All City job announcements may be viewed by using the City’s website at: http://www.dublin.ca.gov The City advertises vacancies on the following sites: Jobs Available CA Job Journal Government Jobs Hot Jobs.com Indeed.com Monster.com www.Employerpartnerships.org (Military) Glass Door East Bay Works Tri-Valley Times/Herald Local City Job Bulletin - email list Craigslist.org Position Specific (List Serve/websites): APA (Planning) CSFMO (Finance) APWA (Public Works) NCCIPMA/CALPELRA (Human Resources) MMANC Daily Journal MISAC/DICE (IT) Western City 5.1 Packet Pg. 353 Page 4 of 7 CPRS (Parks) ICMA newsletter A recent survey of Northern California cities regarding recruitment periodicals and media sources yielded 25 responses. The responding cities paralleled the above advertising vendors with one addition from four responders; LinkedIn.com. Over the past few months, City staff added LinkedIn to the above complement, in hopes of casting a wider “recruitment net” for job applicants. Recruitment Outreach Efforts As described above, the City utilizes a variety of recruitment periodicals and media sources to reach candidates. Of the 2,131 total applicants for the 42 open positions in 2016, the following is the ethnicity and gender breakdown: Ethnicity Number Percent White (not Hispanic or Latino) 820 38.48% Asian (not Hispanic or Latino 444 20.84% Hispanic or Latino 331 15.53% Black or African American (Not Hispanic or Latino) 258 12.11% Two or More Races (Not Hispanic or Latino) 120 5.63% No Response 108 5.07% Native Hawaiian or Other Pacifica Islander (Not Hispanic or Latino) 35 1.64% American Indian or Alaska Native (Not Hispanic or Latino) 15 0.70% Gender Number Percent Male 1036 48.62% Female 1006 47.21% No Response 89 4.18% Dublin Human Resources believes current recruitment advertising and outreach efforts are effectively providing the City with high-quality and diverse applicant pools. The City does not use any benchmarks or quotas when hiring candidates, but instead strives to create a diverse applicant pool and hire the best candidate regardless of the candidate’s race, religious creed, color, national origin, ancestry, disability (mental and physical), medical conditions, genetic information, military and veteran status, marital status, sex, gender, gender identity, gender expression, sexual orientation, age (above 40), and pregnancy. Toward this end, City staff has been exploring the possibility of expanding its range of advertising sources to attract additional qualified candidates from a variety of different markets. The City is looking into expanding its existing outreach efforts to include job postings on the following networks (which are mostly non-California based):  LinkedIn  WorkplaceDiversity.com  Hispanicdiversity.com  Outandequal.com  Disabilityconnect.com 5.1 Packet Pg. 354 Page 5 of 7  Alldiversity.com  World Journal - www.wjads.com (completely written in Chinese)  India West - http://www.indiawest.com Applications, Screening, Testing and Interview Process All job applicants are required to submit an application online, on or before the filing deadline stated in the job announcement. To qualify for competition in a recruitment selection process, an applicant must meet the minimum qualifications as stated on the City’s job announcement. Applications submitted on time will be screened to determine if the applicant meets the minimum requirements for admission to the selection process as specified in the City job announcement. Those applicants that are deemed to be the best qualified will be invited to the next phase of the selection process. The City’s competitive selection process may consist of the measurement of a variety of knowledge and skills through written and/or oral tests (interview panel), work history, education and experience, training, present job performance, or any combination thereof. Each applicant whose application has been accepted for any selection process shall be notified of the date, time, and place of the specific selection process. Valid and proven measurements techniques and procedures are used in rating the results of a selection process and in determining relative standings. The final outcome in the selection process will be based on specific factors including educational requirements, experience, and job qualifications. Applicants who are successful in the selection process are notified and placed on an eligibility list. The City often conducts second or final interviews as part of recruitment and selection process from the list of eligible candidates. Background Checking and On-Boarding Prior to notifying Human Resources of a final selection, the hiring authority is consulted (City Manager or designee) and the hiring Department coordinates with Human Resource to conduct pre-employment screenings and reference checks to verify accuracy of the applicants work history and job knowledge; this includes a criminal background check via the Department of Justice LIVESCAN process. Candidates must also provide proof of any educational claims. In most cases, a California Driver’s license and proof of insurance is required. Additional vocational licenses may also be required. Before beginning employment or on the date of hire, new employees undergo a check- in procedure (new hire orientation) with Human Resources to brief the employee on pertinent matters including terms of employment, City policies, and completion of required health and welfare paperwork, etc. Upon completion of the new hire orientation, the newly appointed employee reports to its designated City Department. The designated Supervisor and/or Department Head completed the Department Orientation Checklist to ensure that the employee has the best opportunity to successfully complete the City’s twelve-month probationary period. 5.1 Packet Pg. 355 Page 6 of 7 At-Will/Management Selection and Appointment Section 2.20.040E of the City’s Municipal Code exempts Department Heads and other designated Management positions from the City’s competitive service which also exempts these same classifications from the City’s Personnel System Rules. The recruitment and selection process describe in this informational report does not officially apply to At-Will and designated Management positions. These positions serve at the pleasure of the City Manager who has authority to appoint and remove At-Will and Management positions. The City has a practice of conducting recruitments to fill At-Will and Management positions in the same or like fashion as those recruitment and selection processes describe above. It is not uncommon for the City Manager to request the services of an executive search firm to conduct key executive leadership positions such as:  Parks and Community Services Director  Administrative Services Director  Community Development Director The City Manager can also request the services of an executive search firm for those management positions that do not yield a level of acceptable candidates based on an initial City recruitment effort. Executive Search Firms offer the City a larger scope of recruitment. Recruiters spend much of their time cultivating a client or applicant list of viable and interest candidates for potential position. They network and meet people to fill hundreds of jobs, in many discipline areas, throughout the year. Recruiters have access to candidates that the City’s local advertising efforts might not. Executive Search Firm will often conduct nationwide searches to reach candidates from other States. In cases where executive search firm services are utilized, all applicants are screened and interviewed remotely. Top candidates are brought to the City Manager by the recruiter for consideration and interview. Upon candidate selection, background checks are done remotely by the firm and applicant demographic information is limited until date of hire. Conclusion The City makes the building of its workforce of qualified professionals a top priority. The City’s recruitment process is predicated on the idea that the City hires the best employee. The methods used in the recruitment and selection of City employees is fair, competitive, impartial and of a relevant nature so as to fairly measure the ability of applicants to perform the duties and responsibility of the position which they seek appointment. NOTICING REQUIEMENTS/PUBLIC OUTREACH: Noticing not required. ATTACHMENTS: None 5.1 Packet Pg. 356 Page 7 of 7 5.1 Packet Pg. 357 1573.txt None. Page 1 5.1.a Packet Pg. 358 At t a c h m e n t : N o n e ( 1 1 9 5 : C i t y S e l e c t i o n a n d R e c r u i t m e n t P r o c e s s ) Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: PLPA 2014-00034 Sierra Business Center Rezone Prepared by: Martha Battaglia, Associate Planner EXECUTIVE SUMMARY: The City Council will consider approval of a request to rezone Sierra Business Center from the current M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District. Under the current M-1 Zoning District, Professional and Administrative Offices are not permitted. Professional and Administrative Offices are a permitted use in the proposed M-P Zoning District. STAFF RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, adopt the Resolution Approving a Negative Declaration for the Rezoning of the Sierra Business Center From the M-1 Zoning District to the M-P Zoning District 6549 Sierra Lane (APN 941-0205-020) PLPA 2014-00034; and, waive the reading and INTRODUCE an Ordinance Approving Ordinance Approving a Rezoning from the M-1 Zoning District to the M-P Zoning District for the Sierra Business Center Located at 6549 Sierra Lane (APN 941-0205-020) PLPA 2014-00034. DESCRIPTION: Project Location The Sierra Business Center is located at 6549 Sierra Lane. The site is irregularly shaped and is located northeast of Sierra Lane and west of Dougherty Road. The site has a General Plan land use designation of Business Park/Industrial and is located in the M-1 Light Industrial Zoning District. Surrounding uses include a continuation of the Sierra Business Park to the north and west, Tralee mixed-use development (residential and commercial) to the southwest and a retail shopping and auto service station to the east that fronts onto Dougherty Road. Figure 1: Sierra Business Center Location 6.1 Packet Pg. 359 Page 2 of 5 The project site has been developed with a number of single-story light industrial buildings with two smaller buildings fronting on Sierra Lane and a larger building located in the central and northern portion of the site. A total of 12 suites of varying sizes are located within the three buildings. A small parking area is located off of Sierra Lane with a larger parking lot located in the center of the site connected with various drive aisles. Landscaped planters are located throughout the site, adjacent to some buildings and within portions of the parking lot. As shown on Figure 2 below, there are several adjacent properties which are zoned M-1 (Light Industrial) and PD (Planned Development) and allow uses consistent with the M- P (Industrial Park) Zoning District. The surrounding M-1 and PD Zoning Districts allow for a variety of industrial, office and commercial uses. The Applicant is currently requesting approval to rezone the site from M-1 (Light Industrial) to M-P (Industrial Park). 6.1 Packet Pg. 360 Page 3 of 5 Figure 2: Surrounding Zoning Districts ANALYSIS: The project site is currently zoned M-1. Generally buildings located in the M-1 Zoning District have roll up doors and high ceilings to accommodate light industrial uses such as manufacturing, printing, and laboratories. The buildings within the Sierra Business Center lack the design attributes that are common in most light industrial buildings. The project site is unique in that it is designed and functions more like an office park than a light industrial park. The site was designed with ample parking to support office uses as well as light industrial uses. Many of the tenant suites do not have high ceilings and large storage spaces with roll-up doors, which are typical of light industrial designed tenant suites. The property owners have had difficulty in the last few years in renting out spaces because the allowable uses are not consistent with the design of the tenant suites. Many of the tenant spaces are designed to accommodate office uses; however, office uses are not allowed in the existing M-1 Zoning District. The proposed M-P Zoning District is more consistent with the design of the project site. This Zoning District allows a wide variety of uses including Light Industrial, Office, Indoor Recreational Facilities, and Community Facilities. The M-P Zoning District restricts or prohibits certain industrial uses that are currently allowed, such as automobile/vehicle repair, vehicle storage yard, and equipment and materials storage yard. None of these uses currently operate at the site. Furthermore, the M-P District does not permit residential use. The proposed M-P Zoning District is compatible with the design of the site because it allows Office and Light Industrial uses and as previously discussed, the existing site is 6.1 Packet Pg. 361 Page 4 of 5 designed as more of an Office Park than a Light Industrial Park and office uses are not permitted in the M-1, Light Industrial Zoning District. Similarly, the City Council approved the rezoning of the Sierra Trinity Business Park (located to the west of the project site) in 2010 to allow M-P (Industrial Park) uses, including office uses. This has resulted in the successful tenanting of the center. If the rezoning is approved by the City, the project Applicant would have flexibility to lease existing floor space to office uses, which are currently not allowed in the existing M-1 Zoning District. An Ordinance rezoning the project site from M-1 to M-P is included as Attachment 1. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The proposed rezone is consistent with the General Plan land use designation of Business Park/Industrial because the proposed rezone will allow non-retail uses that do not involve heavy trucking or generate nuisances on the surrounding properties. The proposed rezone is consistent with the Zoning Ordinance and the General Plan in that the rezone will allow uses to operate on the site which are compatible with the surrounding area and the proposed uses will increase the economic viability of the site. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA) requires that certain projects be reviewed for environmental impacts and that environmental documents be prepared. An Initial Study has been prepared in accordance with the provisions of CEQA, CEQA Guidelines, and City of Dublin Environmental Guidelines. Upon completion of the Initial Study, it was determined that there was no substantial evidence that the project would have a significant adverse effect on the environment and a Negative Declaration was prepared. The Initial Study/Draft Negative Declaration was circulated for public review from August 25, 2016 to September 14, 2016. The City received one comment letter during the public review letter. The letter was from the Dublin San Ramon Services District (DSRSD). DSRSD agreed with the IS/ND analysis regarding water and wastewater. A Resolution adopting a Negative Declaration is included as Attachment 2 with the Initial Study included as Exhibit A. Planning Commission Action On October 11, 2016, the Planning Commission held a public hearing to review the proposed project. After discussion and deliberation, the Planning Commission voted 4- 0-1 to adopt a Resolution recommending that the City Council adopt the Negative Declaration and a Resolution recommending that the City Council adopt an Ordinance rezoning the site from the M-1 Zoning District to the M-P Zoning District (Attachments 3 and 4). The draft minutes are included as Attachment 5. 6.1 Packet Pg. 362 Page 5 of 5 NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A Public Notice was also published in the East Bay Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. ATTACHMENTS: 1. Approving a Rezoning from the M-1 Zoning District to the M-P Zoning District for the Sierra Business Center Located at 6549 Sierra Lane (APN 941-0205-020) PLPA 2014- 00034 2. Approving a Negative Declaration for the Rezoning of the Sierra Business Center From the M-1 Zoning District to the M-P Zoning District 6549 Sierra Lane (APN 941- 0205-020) PLPA 2014-00034 3. Exhibit A Initial Study Negative Declaration Final 4. PC Resolution 16-23 Recommending approval of Negative Declaration 5. PC Resolution 16-24 Recommending approval of Ordinance to Rezone 6. Draft Planning Commission minutes 10.11.16 6.1 Packet Pg. 363 Page 1 of 3 ORDINANCE NO. XX - 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * APPROVING A REZONING FROM THE M-1 ZONING DISTRICT TO THE M-P ZONING DISTRICT FOR THE SIERRA BUSINESS CENTER LOCATED AT 6549 SIERRA LANE (APN 941-0205-020) PLPA 2014-00034 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Applicant requests to rezone the property located at 6549 Sierra Lane from M-1, Light Industrial to M-P, Industrial Park (PLPA 2014-00034). B. Following a duly noticed public hearing on October 11, 2016, the Planning Commission adopted Resolution 16-23 recommending that the City Council approve the Initial Study/Negative Declaration for the project, and Resolution 16-24 recommending approval of the requested rezoning, which resolutions are incorporated herein by reference and are available for review at City Hall during normal business hours. C. A Staff Report for the City Council, dated November 1, 2016 and incorporated herein by reference, described and analyzed the rezoning project. At a properly noticed public hearing on November 1, 2016, the City Council considered the Initial Study/Negative Declaration and the Planning Commission’s recommendation on the rezoning project. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council finds as follows: 1. The rezoning is consistent with the Dublin General Plan because: the proposed uses are consistent with the General Plan Land use designation of Business Park/Industrial in that the Rezone will allow uses that are non-retail and will not generate nuisances to the surrounding area. No Specific Plans apply to the project site. B. Pursuant to the California Environmental Quality Act (CEQA), on November 1, 2016, the City Council adopted Resolution XX-16 approving a Negative Declaration for the Sierra Business Center Rezoning, which resolution is incorporated herein by reference. 6.1.a Packet Pg. 364 At t a c h m e n t : 1 . A p p r o v i n g a R e z o n i n g f r o m t h e M - 1 Z o n i n g D i s t r i c t t o t h e M - P Z o n i n g D i s t r i c t f o r t h e S i e r r a B u s i n e s s C e n t e r L o c a t e d a t 6 5 4 9 Page 2 of 3 Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is hereby amended to rezone APN 941-0205-020-00 consisting of 5.3+ gross acres to the M-P (Industrial Park) Zoning District. A map of the rezoning area is shown below: Section 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Sierra Business Center 6.1.a Packet Pg. 365 At t a c h m e n t : 1 . A p p r o v i n g a R e z o n i n g f r o m t h e M - 1 Z o n i n g D i s t r i c t t o t h e M - P Z o n i n g D i s t r i c t f o r t h e S i e r r a B u s i n e s s C e n t e r L o c a t e d a t 6 5 4 9 Page 3 of 3 PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this _______________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ Mayor ATTEST: _______________________________ City Clerk G:\PA\2014\PLPA-2014-00034 Sierra Business Center Rezone\CC Meeting.11.1.16\Att 1 CC Ordinance.DOC 6.1.a Packet Pg. 366 At t a c h m e n t : 1 . A p p r o v i n g a R e z o n i n g f r o m t h e M - 1 Z o n i n g D i s t r i c t t o t h e M - P Z o n i n g D i s t r i c t f o r t h e S i e r r a B u s i n e s s C e n t e r L o c a t e d a t 6 5 4 9 RESOLUTION NO. xx- 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * APPROVING A NEGATIVE DECLARATION FOR THE REZONING OF THE SIERRA BUSINESS CENTER FROM THE M-1 ZONING DISTRICT TO THE M-P ZONING DISTRICT 6549 SIERRA LANE (APN 941-0205-020) PLPA 2014-00034 WHEREAS, the Applicant proposes to rezone the project site from the M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District; and WHEREAS, the site is located at 6549 Sierra Lane and is currently developed with 3 industrial buildings which are currently used for a variety of uses; and WHEREAS, a complete application is available and on file in the Planning Division; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared an Initial Study for the project; and WHEREAS, the Initial Study determined that there was no substantial evidence that the rezoning project would have a significant adverse effect on the environment, therefore, the City prepared a negative declaration dated August 25, 2016 and attached as Exhibit A; and WHEREAS, the City circulated the Initial Study/Negative Declaration (IS/ND) for public review from August 25, 2016 through September 14, 2016; and WHEREAS, the City received only one comment letter during the public review period. The letter was from the Dublin San Ramon Services District and agreed with the IS/ND analysis regarding water and wastewater; and WHEREAS, on October 11, 2016, the Planning Commission adopted Resolution 16-23 (incorporated herein by reference) recommending that the City Council adopt a Resolution approving a Negative Declaration for the Rezoning of the Sierra Business Center from the M-1 to the M-P Zoning District; and WHEREAS, a Staff Report dated November 1, 2016, analyzed the IS/ND and the rezoning project and recommended approval of the IS/ND and the application; and WHEREAS, on November 1, 2016, the City Council did hold a properly noticed public hearing on the application at which time all interested parties had the opportunity to be heard ; and 6.1.b Packet Pg. 367 At t a c h m e n t : 2 . A p p r o v i n g a N e g a t i v e D e c l a r a t i o n f o r t h e R e z o n i n g o f t h e S i e r r a B u s i n e s s C e n t e r F r o m t h e M - 1 Z o n i n g D i s t r i c t t o t h e M - P Z o n i n g 2 WHEREAS, the City Council considered the IS/ND, and all reports, recommendations and testimony referenced above before making its recommendation; and WHEREAS, the location and custodian of the documents and other materials which constitute the record of proceedings for the project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, attention: Martha Aja. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Dublin City Council does hereby adopt the Negative Declaration attached as Exhibit A, based on the following findings: 1. The City Council considered the Negative Declaration and public comment letter prior to taking action on the project. 2. The City Council finds, on the basis of the whole record before it, including the Initial Study and any comments received, that there is no substantial evidence that the proposed rezoning will have a significant effect on the environment. 3. The Negative Declaration reflects the City’s independent judgment and analysis as to the potential environmental effects of the proposed rezoning from the M-1 to M-P Zoning District. 4. The Negative Declaration has been completed in compliance with CEQA and the CEQA Guidelines. PASSED, APPROVED, AND ADOPTED this 1st day of November 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ____________________________ City Clerk G:\PA\2014\PLPA-2014-00034 Sierra Business Center Rezone\CC Meeting.11.1.16\Att 2 CC Reso Neg Dec.DOC 6.1.b Packet Pg. 368 At t a c h m e n t : 2 . A p p r o v i n g a N e g a t i v e D e c l a r a t i o n f o r t h e R e z o n i n g o f t h e S i e r r a B u s i n e s s C e n t e r F r o m t h e M - 1 Z o n i n g D i s t r i c t t o t h e M - P Z o n i n g Sierra Business Center Rezone 6465-6557 Sierra Lane, Dublin City File: PLPA 2014-00034 INITIAL STUDY/ NEGATIVE DECLARATION Lead Agency: City of Dublin Prepared By: Jerry Haag, Urban Planner August 2016 6.1.c Packet Pg. 369 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 1 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Table of Contents Introduction ................................................................................................................... 2 Project Sponsor & Contact ........................................................................................... 2 Project Description ........................................................................................................ 2 Project Location and Context ...................................................................................... 2 Environmental Factors Potentially Affected ............................................................. 9 Determination ................................................................................................................ 9 Evaluation of Environmental Impacts ....................................................................... 11 Discussion of Checklist ................................................................................................ 1. Aesthetics ............................................................................................... 24 2. Agricultural & Forestry Resources ..................................................... 25 3. Air Quality/Greenhouse Gas Analysis ............................................. 25 4. Biological Resources ............................................................................. 26 5. Cultural Resources ................................................................................ 28 6. Geology and Soils ................................................................................. 28 7. Greenhouse Gas Emissions .................................................................. 29 8. Hazards and Hazardous Materials .................................................... 30 9. Hydrology and Water Quality ............................................................ 32 10. Land Use and Planning ........................................................................ 33 11. Mineral Resources ................................................................................. 34 12. Noise ....................................................................................................... 34 13. Population and Housing ...................................................................... 35 14. Public Services ....................................................................................... 36 15. Recreation ............................................................................................... 36 16. Transportation/Traffic ......................................................................... 37 17. Utilities and Service Systems ............................................................... 38 18. Mandatory Findings of Significance .................................................. 39 Initial Study Preparers ................................................................................................. 41 Agencies and Organizations Consulted .................................................................... 41 References ...................................................................................................................... 41 6.1.c Packet Pg. 370 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 2 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Environmental Checklist/Initial Study 6549 Sierra Lane Proposed Rezoning PLPA #2014-00034 City of Dublin Introduction This Initial Study has been prepared in accordance with the provisions of the California Environmental Quality Act (“CEQA”, Pub. Res. Code §§ 21000 et seq.,) and the CEQA Guidelines (Cal. Code Regs. title 14, §§ 15000-15387). This Initial Study analyzes if potential impacts associated with rezoning approximately 5.3 acres of developed land in the central portion of Dublin would result in any potentially significant impacts on the environment. Applicant/Contact Person Square I, LLC, Attn: Edward Pike PO Box 458 Orinda, CA 94563 Phone: (925) 383-9894 Project Description Project location and context. The project site consists of approximately 5.3 acres of land located in the central portion of Dublin, Alameda County. Exhibit 1 shows the regional location of Dublin in the Bay Area and Exhibit 2 shows the project site location in the context of the local roadways and other features. The site is irregularly shaped and is located northeast of Sierra Lane within the Sierra Business Park. The Sierra Business Park is generally located north of Dublin Boulevard and west of Dougherty Road. The project site has been developed with a number of single-story light industrial buildings with two smaller buildings fronting on the north side of Sierra Lane and a larger building located in the central and northern portion of the site. A total of 12 suites of varying sizes are located within the three buildings. The existing tenants are shown on Exhibit 3. A small parking area is located off of Sierra Lane with a larger parking lot located in the center of the site connected with various drive aisles. Landscaped planters are located throughout the site, adjacent to some buildings and within portions of the parking lot. Buildings on the site, as well as buildings on adjacent properties within the Sierra Business Park, were constructed in the late 1970’s. 6.1.c Packet Pg. 371 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 3 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Site addresses range from 6465 to 6557 Sierra Lane. The largest of the three buildings contains approximately 51,400 gross square feet of floor area, the second-largest building contains approximately 13,200 gross square feet of floor area and the smallest building contains approximately 7,000 gross square feet of floor area. Total building square footage on the project site includes 71,600 gross square feet of floor area. Approximately 7,000 square feet of the complex are currently devoted to office use. The term “gross square feet” reflects the total size of the buildings and includes non-occupied space, such as storage areas and mechanical spaces. Each of the three buildings has been divided into multiple interior suites. Some of the existing suites include but are not limited to: a health club, a video repair shop, a church, a building materials sales office, an insurance office, a photography studio and similar uses. The site is fully developed with buildings, paving/parking, and landscaping. There are no significant natural features on the project site, including but not limited to major stands of trees, bodies of water or similar features. Dublin Boulevard and Dougherty Road provide primary regional access to and from the site. Local roads serving the property include Sierra Lane immediately south of the site and Sierra Court to the west. A signalized intersection exists at Sierra Court and Dublin Boulevard that facilitates access to and from the project site. Surrounding uses include a continuation of the Sierra Business Park to the north and west, Tralee mixed-use development (residential and commercial) to the southwest and a retail shopping and auto service station to the east that fronts onto Dougherty Road. Proposed project. The applicant has requested that the City of Dublin change the zoning on the site from the current M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District. Section 8.28.020 of the Dublin Zoning Ordinance states that the purpose of the M-1 Zoning District is to “provide for the continued use, expansion and new development of light industrial types in proximity to major transportation corridors and to ensure compatibility with adjacent residential and commercial uses.” The same section states that the intent of the M-P Zoning District is to “provide for the continued use, expansion and new development of industrial park type uses in proximity to major transportation corridors and to ensure compatibility with adjacent residential and commercial uses.” Both the existing M-1 and the proposed M-P Zoning Districts are consistent with the site’s General Plan Business Park/Industrial land use designation. Under the current M-1 Zoning District, office uses are not permitted. If the zoning district were to be 6.1.c Packet Pg. 372 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 4 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 changed to the proposed M-P Zoning District, professional and administrative offices would be an allowed use within the complex. The M-P and M-1 Zoning Districts also allows other land uses and activities that would not be changed by the requested rezoning. Such uses, permitted in both districts, include, but are not limited, to laboratories, printing and publishing, warehousing and distribution and similar uses. The M-P Zoning District is stricter as to some light industrial uses than the current M-1 Zoning District, either restricting or prohibiting uses that would currently be allowed such as automobile/vehicle repair, vehicle storage yard and equipment and materials storage yard. If the rezoning is approved, future uses on the property would be reviewed by the Dublin Community Development Department through the building permit or discretionary land use application process to ensure that the uses would be compatible with uses allowed (or conditionally allowed) in the M-P Zoning District. There would be no changes or expansion to the current buildings or other improvements on the site should the rezoning be approved since the site is considered “built out.” If the rezoning is approved by the City, the project applicant could rent or lease existing floor space to office uses, which are currently not allowed in the existing M-1 Zoning District. The applicant estimates that within three years from the present, up to 11,700 square feet of space could be converted to office use, which includes the 7,000 square feet of current office use. Within five years, the total amount of office in the complex could reach 18,300 square feet of the site’s 71,600 square feet. Future changes would be limited to changes in interior occupancies within each of three buildings on the site and related tenant improvements. No expansion of the current building footprints or area is expected. Future on-site uses would be constrained by Chapter 8.76 (Off-Street Parking and Loading Regulations) of the City of Dublin Zoning Ordinance that generally requires a higher number of on-site parking spaces for offices uses than lower-employee intensive light industrial uses. Future changes in use will be monitored by the Dublin Community Development Department through the building permit process and business license review to ensure that the project site meets the current City parking requirement. Requested land use entitlements. The applicant has requested rezoning the project site from the M-1 Zoning District to the M-P Zoning District. The rezoning requires a public hearing and recommendation by the Dublin Planning Commission, and a final action by the Dublin City Council. Potential future land uses for the individual suites under the M-P Zoning District would include some permitted uses for which a building permit and zoning clearance would be required, and conditionally permitted uses (see the land use table in Section 8.12.050 of the Dublin Zoning Ordinance). 6.1.c Packet Pg. 373 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 5 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Exhibit 1. Regional Context 6.1.c Packet Pg. 374 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 6 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Exhibit 2. Local context 6.1.c Packet Pg. 375 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 7 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Exhibit 3. Project Site 6.1.c Packet Pg. 376 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 8 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 1. Project description: Rezoning of approximately 5.3 acres of the Sierra Business Park from the M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District 2. Lead agency: City of Dublin 100 Civic Plaza Dublin, CA 94583 3. Contact person: Martha Aja, Dublin Planning Department (925) 833-6610 4. Project location: 6465-6557 Sierra Lane Dublin, CA 94558 5. Project contact person: Square I, LLC Attn: Edward Pike PO Box 458 Orinda, CA 94563 Phone: (925) 383-9894 6. General Plan Land Use Business Park-Industrial Designation: 7. Zoning Existing: M-1, Light Industrial Proposed: M-P, Industrial Park 8. Other public agency necessary, potential and/or desired approvals: • Building Permits and Zoning Clearances (City of Dublin) • Conditional Use Permit(s) (City of Dublin, possible) 6.1.c Packet Pg. 377 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 9 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. - Aesthetics - Agricultural Resources - Air Quality - Biological Resources - Cultural Resources - Geology/Soils - Hazards and Hazardous Materials - Hydrology/Water Quality - Land Use/ Planning - Mineral Resources - Noise - Population/ Housing - Public Services - Recreation - Transportation/ Circulation - Utilities/Service Systems - Mandatory Findings of Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: __ X__ I find that the proposed project could not have a significant effect on the environment and a Negative Declaration will be prepared. _ _ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. ___I find that although the proposed project may have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed. 6.1.c Packet Pg. 378 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 10 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 ___ I find that although the proposed project may have a significant effect on the environment, there will not be a significant effect in this case because at least one or more potentially significant effects 1) have been adequately analyzed in an earlier EIR pursuant to applicable legal standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including mitigation measures as described in the attached sheets. A supplemental Mitigated Negative Declaration is required, but must only analyze the effects that remain to be addressed as identified in this Initial Study. ___ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project. Signature: _____________________________ Date: _________________ Printed Name: __________________________ For: __________________ 6.1.c Packet Pg. 379 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 11 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) In some instances, a “LS, Less-than-Significant Impact” response may reflect that a specific environmental topic has been analyzed in a previous CEQA document and appropriate mitigation measures have been included in a previous CEQA document to reduce this impact to a less-than-significant level. In a few instances, some previously analyzed topics were determined to be significant and unavoidable and mitigation of such impact to a less-than-significant level is not feasible. In approving the Eastern Dublin project, the City of Dublin adopted a Statement of Overriding Considerations for the significant unavoidable impacts identified in the Eastern Dublin EIR. A Statement of Overriding Considerations would also be required for the project if it could result in the identified significant unavoidable impacts. 3) All answers must take account of the whole action, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the determination is made, an EIR is required. 5) "Negative Declaration: Less-Than-Significant With Mitigation Incorporated" implies elsewhere the incorporation of mitigation measures has reduced an effect from "potentially significant effect" to a "less than significant impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. 6) “No Impact” or “No New Impact” means that there would not be any impact with respect to this topic. 6.1.c Packet Pg. 380 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 12 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Earlier Analyses Earlier analyses may be used where, pursuant to tiering, a program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Reference CEQA Guideline Section 15063 (c)(3)(d). No earlier analyses were used; this initial study is based on existing conditions. 6.1.c Packet Pg. 381 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 13 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources at end of checklist used to determine each potential impact). Note: A full discussion of each item is found following the checklist. Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact 1. Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic vista? (Source: 1, 6) X b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings and historic buildings within a state scenic highway? (Source: 1, 3, 6) X c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 1, 6) X d) Create a new source of substantial light or glare, which would adversely affect day o nighttime views in the area? (Source: 6) X 2. Agricultural Resources. Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as show on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? (Source: 1, 6) X b) Conflict with existing zoning for agriculture use or a Williamson Act contract? (1, 6) X c) Conflict with existing zoning for, or cause rezoning of forestland (as defined by PRC Sec. 12220(g), timberland (as defined in PRC Sec. 4526), or timberland zoned Timberland Production (as defined in PRC Sec. 51104 (g)? (Source: 1, 2) X d) Result in the loss of forest land or conversion of forest land to non-forest use? (1, 2) X e) Involve other changes in the existing environment that, due to their location or nature, could result in conversion of farmland to a non-agricultural use or conversion of forestland to a non-forest use? (Source: 1, 2) X 6.1.c Packet Pg. 382 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 14 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact 3. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 1, 2) X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 1, 2, 8) X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? (1,2,8) X d) Expose sensitive receptors to substantial pollutant concentrations? (7, 8) X e) Create objectionable odors affecting a substantial number of people? (8) X 4. Biological Resources. Would the project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (1, 2. 3) X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (1, 2, 3) X c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? (1, 2, 3) X 6.1.c Packet Pg. 383 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 15 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? (1, 2, 3) X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? (Source: 1, 2, 8) X 5. Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? (Source: 1, 2) X b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5? (Source: 1, 2) X c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? (Source: 1, 2) X d) Disturb any human remains, including those interred outside of a formal cemetery? (1,2) X 6. Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault? (Source: 1) X ii) Strong seismic ground shaking? (1) X iii) Seismic-related ground failure, including liquefaction? (Source: 1) X iv) Landslides? (Source: 1) X b) Result in substantial soil erosion or the loss of topsoil? (Source: 1)) X 6.1.c Packet Pg. 384 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 16 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- and off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (1) X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source: 1) X e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for wastewater disposal? (8) X 7. Greenhouse Gas Emissions. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (8) X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X 8. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? (2, 5) X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous into the environment? (6) X c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source: 1, 2, 6) X 6.1.c Packet Pg. 385 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 17 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (8) X e) For a project located within an airport land use plan or, where such plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Source: 8) X f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 8) X g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? (Source: 1, 2. 6, 8) X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (8) X 9. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 1, 2, 4) X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source: 1, 2, 7) X 6.1.c Packet Pg. 386 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 18 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? (Source: 1, 2, 6) X d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 1, 2, 6) X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Source: 1, 2, 6) X f) Otherwise substantially degrade water quality? (Source: 1, 2, 6) X g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (Source: 1, 7) X h) Place within a 100-year flood hazard area structures which impede or redirect flood flows? (Source: 1, 7) X i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? (Source: 1, 7) X j) Inundation by seiche, tsunami or mudflow? X 10. Land Use and Planning. Would the project: a) Physically divide an established community? (Source: 1,2, 6) X 6.1.c Packet Pg. 387 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 19 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2, 7) X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Source: 1, 2, 8) X 11. Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (2) X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Source: 2) X 12. Noise. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? (4) X b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Source: 4) X c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? (4) X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? (4) X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? (8) X 6.1.c Packet Pg. 388 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 20 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (8) X 13. Population and Housing. Would the project a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure)? (1, 2) X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (1, 2) X c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? (Source: 1, 2) X 14. Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? (Source: 1, 2, 7) X Fire protection? X Police protection? X Schools? X Parks? X Other public facilities X 15. Recreation: a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Source: 1, 2, 5) X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 1, 2, 5) X 6.1.c Packet Pg. 389 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 21 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact 16. Transportation and Traffic. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation, including mass transit and all non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? (Source: 1, 2, 7) X b) Conflict with an applicable congestion management program, including but not limited to, level of service and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (Source: 1, 2, 7) X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Source: 1, 2) X d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? (Source: 7) X e) Result in inadequate emergency access? (4) X f) Conflict with adopted policies, plans or programs regarding public transit, bicycle or pedestrian facilities or otherwise decrease the performance of safety of such facilities? (7) X 17. Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source: 2, 7) X 6.1.c Packet Pg. 390 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 22 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (7) X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (7) X d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? (7) X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the providers existing commitments? (Source: 7) X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with federal, state and local statutes and regulations related to solid waste? (7) X 18. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X 6.1.c Packet Pg. 391 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 23 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Sources used to determine potential environmental impacts 1) Dublin General Plan, City of Dublin (Amended as of November 18, 2014) 2) Site Visit 3) Discussion with City staff or service provider 4) Other Source 6.1.c Packet Pg. 392 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 24 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Attachment to Initial Study Discussion of Checklist Legend PS: Potentially Significant LS/M: Less Than Significant After Mitigation LS: Less Than Significant Impact NI: No Impact/No New Impact Note: The Checklist questions below are based on the Appendix G checklist in the state CEQA Guidelines; please see the Checklist above or the Guidelines for the full text of the questions. 1. Aesthetics Project Impacts a-c) Have a substantial adverse impact on a scenic vista, damage scenic resources (including a scenic highway) or substantially degrade the visual character of a site? NI. The project site is presently developed with single-story light industrial buildings, parking areas and landscaping. No significant natural features exist on the site, including but not limited to major strands of trees, large rock outcroppings or bodies of water. The nearest roadway, Sierra Lane, is not designated as either a local or state scenic highway. Future office and other M-P uses would occur within the envelope of existing buildings. This is because the site is fully developed and there is no room to expand the existing parking to accommodate additional building area; therefore, there would be no new or expanded buildings. There would be no change to existing conditions and no impact with respect to substantial impacts on a scenic vista, damage to scenic resources or the visual character of the project site. d) Create light or glare? NI. Existing sources of exterior lighting are present on the site in terms of parking lot lighting and building-mounted security and identification lighting. No additional light fixtures are proposed to be added to the site as part of the proposed rezoning because all future development would consist of use changes or tenant improvements within existing buildings. Future uses on the project will either be permitted or conditionally permitted, but all would be subject to the Section 8.28.030.F industrial performance standards which require that there be no direct or sky-reflected glare or heat discernible at the property lines. Compliance with this standard ensures that future exterior 6.1.c Packet Pg. 393 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 25 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 light fixtures would not create substantial light and glare that would adversely affect day or night views in the area. No impacts are anticipated with respect to this topic. 2. Agricultural & Forestry Resources Project Impacts a-c) Convert Prime Farmland, conflict with agricultural zoning or a Williamson Act Conservation Agreement or convert prime farmland to a non-agricultural use? NI. The 5.3-acre site is fully developed with light industrial buildings and ancillary improvements with no agricultural operations. The site is zoned for industrial uses and no Williamson Act land conservation contract exists on the property. The project would have no impacts on agricultural land or zoning. d) Result in the loss of forest land or conversion of forest land to a non-forest use? NI. No forest land exists on the site and no impact would result from project approval. e) Involve other changes which, due to their location or nature, could result of forest land to a non-forest use? NI. See item “d,” above. 3. Air Quality Project Impacts a) Would the project conflict with or obstruct implementation of an air quality plan? NI. The BAAQMD Clean Air Plan assumes development under local general plans. The current project was approved and built in the late 1970’s and is consistent with the City of Dublin General Plan. No changes to the General Plan are proposed as part of this project; therefore, the project would not be inconsistent with or obstruct implementation of an air quality plan. All future uses on the project site will be reviewed by the Dublin Community Development Staff through the building permit or other land use application process to ensure such uses would be consistent with land uses included in the Land Use Element of the General Plan. No impacts would result in terms of inconsistency with or obstruction of the regional Clean Air Plan. b, c) Would the project violate any air quality standards or result in cumulatively considerable air pollutants? NI. The project site is developed with light industrial uses, parking areas and landscaping. It is anticipated that up to 11,700 square feet of the total 71,600 square feet could convert from light industrial uses to offices uses over the next five years, resulting in approximately 18,300 square feet of office uses. The primary source of increased emissions over existing conditions would be the 6.1.c Packet Pg. 394 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 26 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 conversion of current light industrial uses to office uses. Construction emissions related to tenant improvements within the buildings would be limited and temporary. Heavier truck traffic would likely be reduced with office uses permitted in the M-P Zoning District since this district limits or prohibits certain industrial uses that are currently permitted in the M-1 Zoning District. Although future office uses could generate more vehicle trips than the current light industrial uses, such increases would likely be offset by fewer delivery truck trips and emissions of manufacturing-related pollutants. Therefore, no impact is anticipated for this topic. d) Expose sensitive receptors to significant pollutant concentrations? NI. The proposed project would not change the light industrial occupancy of the three buildings included in the application. Future industrial park uses that could be allowed in the project site should the rezoning be approved would be limited to those uses that would not generate a significant amount of pollutants. Limitations on pollutant emissions are controlled by industrial performance standards in Sections 8.28.030.E and H of the Dublin Zoning Ordinance and are enforced by the City’s Community Development Department. Additionally, there are a limited number of sensitive receptors located adjacent to the project site. The closest schools are located a half mile northwest of the project site. While Tralee is located across the street from the project site and includes residential, the City does not expect a significant increase in pollutant concentrations since the existing uses generate traffic and pollution and the proposed project would simply allow office uses as a permitted use. There would be no impacts with respect to this topic. e) Create objectionable odors? NI. The project would not result in land uses on the project site that would emit objectionable odors since future uses would need to be consistent with the M-P Zoning District performance standards for industrial park uses, including Section 8.28.030.G of the Dublin Zoning Ordinance which prohibits emission of odorous gasses or matter that would be discernible at the property line. The M-P Zoning District also requires that all uses to be conducted entirely within the buildings. Compliance with these performance standards will ensure that future M-P uses will not create objectionable odors. No impacts are therefore anticipated. 4. Biological Resources Project Impacts a) Have a substantial adverse impact on a candidate, sensitive, special-status species riparian habitat or wetlands? NI. The project site is located in a fully urbanized area of central Dublin. The project site has been developed with industrial 6.1.c Packet Pg. 395 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 27 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 buildings, parking lots, driveways and limited ornmental landscaping. No protected or special-status plant or wildlife species exist on the site. Surrounding uses include light industrial uses to the north and west and retail commercial/residential uses to the east and south. No surrounding properties provide suitable habitat for protected or special-status plant or animal species. No creeks, streams, ponds, wetlands or other waters exist on the site or on nearby properties since these properties are fully developed. There would be no impacts with respect to candidate, sensitive, special-status or otherwise protected plant or wildlife species or on wetlands or riparian habitat should this project be approved. b, c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? NI. As noted above, the project property is fully developed with buildings, parking lots, driveways and other improvements. No wetlands, other waters, creeks or streams are present on the site or on nearby properties. Any construction that is proposed in the future as a result of this project would be in the form of interior tenant improvements within the suites so there would be no impact with respect to this topic. d) Interfere with movement of native fish or wildlife species? NI. With the built-up, urbanized nature of the site and the surrounding properties, it is very unlikely that wildlife species or native fish use any portion of the property as a migratory corridor. No impacts would occur with respect to this topic. e, f) Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans? NI. The project lies within the Eastern Alameda County Conservation Strategy (EACCS) planning area. The City of Dublin utilizes the Conservation Strategy as guidance for environmental permitting for public projects, and private development projects are encouraged to use the EACCS as a resource as well. The Conservation Strategy embodies a regional approach to permitting and mitigation for wildlife habitat impacts associated with land development, infrastructure, and other activities. The Conservation Strategy is neither a Habitat Conservation Plan nor a Natural Community Conservation Plan, but is a document intended to provide guidance during the project planning and permitting process to ensure that impacts are offset in a biologically effective manner. The project site is fully developed with existing operating uses and no biological resources exist on the site. Since there is no habitat or species affected by the project, no impacts are anticipated with respect to the EACSS and there is no conflict to an adopted Habitat Conservation Plan since none exist. 6.1.c Packet Pg. 396 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 28 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 5. Cultural Resources Project Impacts a) Cause substantial adverse change to significant historic resources? NI. Buildings on the project site were constructed in the late 1970’s and exhibit no historical characteristics, nor is the site known to be associated with historic figures in local, state or national history. No new or exterior construction is proposed as part of this project. It is possible that façade improvements to existing buildings could be proposed in the future, but no impacts would result with respect to a significant change to a historic resource because the buildings are not historic resources. b-d) Cause a substantial adverse impact or destruction to archeological or paleontological resources, or human remains that may be interred outside of a formal cemetery? NI. The project site is fully developed with buildings, paving/parking and landscaping. As noted earlier, no new or expanded building area is likely due to site and regulatory constraints. Future development on the site would be in the form of changed uses and related interior tenant improvements. There would be no related ground disturbance that could affect any currently unknown resources or remains. The General Plan does not identify the potential for cultural resources on or around the site. No evidence has been found that the project site was previously used as a cemetery. In the absence of ground disturbance from future uses under the proposed rezoning, there would be no impact with respect to impacts on archeological or paleontological resources, or human remains. 6. Geology and Soils Project Impacts a) Expose people or structures to potential substantial adverse impacts, including loss, injury or death related to ground rupture, seismic ground shaking, ground failure, or landslides? LS. The site is not located in an identified fault rupture zone so there is no potential for ground rupture. The site is flat so there is no potential for landslides or other slope-related impacts. As noted earlier, the site is fully developed with existing buildings, paving/parking and landscaping so there would be no expanded building area, grading or other ground disturbance that could raise geologic issues. Any future construction under the rezoning would be in the form of interior use changes and related tenant improvements. The change of approximately 11,700 square feet to office uses could potentially increase the number of employees and visitors to the site, as reflected in the increased traffic trip generation identified in 6.1.c Packet Pg. 397 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 29 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Section 16 below. Any of the construction activities would be required to meet the stringent California Building Code seismic requirements in effect at the time of building permit submittal. The modest potential increase in employees and visitors from additional office uses together with compliance with adopted seismic construction standards ensures that seismic-related impacts would be less-than-significant. b) Is the site subject to substantial erosion and/or the loss of topsoil? NI. The project site is fully developed with buildings, paving/parking and landscaping. As noted earlier, no new or expanded building area is likely due to site and regulatory constraints. Future development on the site would be in the form of changed uses in accordance with the M-P Zoning District and related interior tenant improvements. There would be no related ground disturbance or grading that could cause erosion of loss of topsoil; therefore, there would be no impact with respect to this topic. c-d) Is the site located on soil that is unstable or expansive and that could result in potential lateral spreading, liquefaction, landslide or collapse? LS. The site is located within a liquefaction hazard area as mapped by the City of Dublin (Jayson Imai, Dublin Public Works Department, 4/23/16). As noted earlier, the site is fully built-out and no new or expanded building is expected due to site and regulatory constraints. Any future construction under the rezoning would be in the form of interior use changes and related tenant improvements. Any of the construction activities would be required to meet the stringent California Building Code seismic requirements in effect at the time of building permit submittal. e) Have soils incapable of supporting on-site septic tanks if sewers are not available? NI. Existing buildings are connected to sanitary sewers owned and maintained by the Dublin San Ramon Services District (DSRSD). As noted earlier, the site is fully built-out and no new or expanded building is expected due to site and regulatory constraints. Any future construction would be in the form of interior use changes and related tenant improvements. No impacts would therefore result with regard to septic systems. 7. Greenhouse Gas Emissions Project Impacts a,b Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? NI. 6.1.c Packet Pg. 398 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 30 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Existing buildings and uses on the site currently emit greenhouse gases, from both vehicles traveling to and from the site as well as from the operation of existing light industrial uses on the site. It is anticipated that office uses that could locate on the site under the proposed M-P Zoning District would generate slightly greater quantities of greenhouse gasses. This would be as a result of greater vehicle trips associated with future M-P uses (see Section 16, Transportation and Traffic). However, the project is located on an infill site, no general plan amendment is required for this project and future greenhouse gas emissions from development under the General Plan have been addressed in the City of Dublin Climate Action Plan, last updated in 2013. There would therefore be no impact with respect to this topic. 8. Hazards and Hazardous Materials Project Impacts a) Create significant hazards to the public or the environment through the routine transport, use or disposal hazardous materials? NI. The current M-1 Zoning District and the proposed M-P Zoning District allows light industrial uses that could involve hazardous materials. The transport, use or disposal of hazardous materials is subject to extensive federal, state and regional regulation intended to ensure that such uses are controlled, contained, etc., to protect the public, handling employees, and the environment. The City likewise regulates hazardous materials through industrial performance standards in Section 8.28.030.B, D, and I, and Section 8.28.040 of the Dublin Zoning Ordinance. These standards limit radioactivity, flammable or explosive materials, and discharge of liquid contaminants, and are applicable to uses in both the M-1 and M-P Zoning Districts. Implementation of the proposed project would not change any current uses or occupancies on the site that involve industrial, manufacturing or similar land uses or activities that would use, generate, transport or store significant quantities of hazardous materials. These existing uses would continue to be subject to all applicable hazardous materials regulations. If approved, the proposed M-P Zoning District would allow office uses, with a lower probability of using, transporting, storing or handling potential hazardous materials on the site. The M-P Zoning District also prohibits or limits uses that might involve hazardous materials, compared to the current M-1 Zoning District. The addition of offices as permitted uses and lesser intensity of industrial uses in the M-P Zoning District compared to the M-1 Zoning District would likely reduce the potential for transport, use or disposal of hazardous materials at the site. These circumstances together with compliance with the City’s performance standards will ensure that there would be no significant impact with regard to this topic. 6.1.c Packet Pg. 399 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 31 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 b, c) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accidental conditions involving the release of hazardous materials into the environment or emit hazardous materials or handle hazardous or acutely hazardous materials, substances or wastes within one-quarter mile of an existing or proposed school? NI. No changes are proposed to current uses operating on the project site. Existing uses generally consist of light industrial and similar uses that do not use or handle significant quantities of hazardous or potentially hazardous materials. The current uses plus any uses that are conducted in the future would be subject to all applicable regulations, including the City’s industrial performance standards. The change from the M-1 Zoning District to the M-P Zoning District would expand permitted uses to include offices, which would not be a source of reasonably foreseeable upset or accident or release of hazardous materials. In addition, the M-P Zoning District is more restrictive of industrial uses and would likely reduce the potential for such upset, accident or release. The change in potential uses from the rezoning would not be expected to cause a significant impact on this topic. Public schools that are closest to the project site are Valley High School and Wells Middle School, each located approximately one-half mile northwest of the project site. No impact is anticipated with respect to thi s topic. d) Be listed on a site that is included on a list of hazardous materials sites complied on the Cortese List and, as a result, would create a significant hazard to the public or environment? NI. The site is not included on the Cortese List as of March 28, 2016. The Cortese List identifies one potentially contaminated site in Dublin, which is the Parks RFTA (also known as Camp Parks). Parks RFTA is located approximately 1,000 feet east of the project site and no impact would result with respect to this topic. e,f) Is the site located within an airport land use plan of a public airport or private airstrip? NI. The project site lies outside of the Airport Influence Area (AIA) of Livermore Municipal Airport (see Figure 3-1, Livermore Airport Land Use Compatibility Plan, County of Alameda, 2012). No impact would result with respect to this topic. g) Interference with an emergency evacuation plan? NI. The project site and area are served by existing public streets, which provide emergency access to the site. No building expansion is likely due to site and regulatory constraints. Potential use changes and related tenant improvements within the existing buildings would not interfere with emergency evacuation plans. No impacts are anticipated with regard to this topic. 6.1.c Packet Pg. 400 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 32 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 h) Expose people and structures to a significant risk of loss, injury or death involving wildland fires or where residences are intermixed with wildlands? NI. The project site is located in central Dublin and is surrounded by other fully developed light industrial, commercial and/or mixed-use developments. No wildlands or undeveloped properties are located near the site. No impact is anticipated with respect to this topic. 9. Hydrology and Water Quality Project Impacts a) Violate any water quality standards or waste discharge requirements? NI. The project site is fully developed with existing buildings, paving/parking and landscaping. No additional or expanded building area is expected due to site and regulatory constraints. The rezoning from M-1 to M-P would allow office uses on the site and would reduce the range of permitted light industrial uses. The rezoning would likely result in changes of uses within the existing buildings and related interior tenant improvements. The potential addition of office uses on the site would not significantly increase existing wastewater flows to the Dublin San Ramon Services District (DSRSD) wastewater treatment plant in Pleasanton or adversely affect water quality. According to DSRSD representatives, the District treatment plant is currently operating within waste discharge limits as approved by the Regional Water Quality Control Board (source: Stan Kolodzie, engineer, DSRSD, 3/30/16) and there would be no impact with respect to this topic. b) Substantially deplete groundwater recharge areas or lowering of water table? NI The source of water to all structures in the City of Dublin is imported water supplied by DSRSD and Zone 7 Flood Control and Water Conservation District, which relies primarily on imported water from other sources. The project site is fully developed with buildings, paved parking and landscaped areas so that there is minimal, if any, groundwater recharge presently occurring. The proposed rezoning to the M-P Zoning District would not change these conditions. No impacts would result with respect to this topic. c) Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur? NI. No changes to current drainage patterns are proposed as part of the project, since no expansion of the existing buildings or construction of new buildings would be possible based on site and regulatory constraints, as noted earlier. The site is in a developed area in central Dublin with existing development draining to the public storm drain system. There is no drainage from or to any streams or creeks and no significant amounts of siltation or erosion would occur. No impacts would result. 6.1.c Packet Pg. 401 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 33 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 d, e) Substantially alter drainage patterns or result in flooding, either on or off the project site, create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff? NI. Refer to item “c,” above. No changes to the existing drainage patterns or increases in the amount of current stormwater runoff from the site is anticipated. f) Substantially degrade water quality? NI. See items a-e above, the site is fully built out in a developed area and drains to the public storm drain system. The rezoning would add office uses as a permitted use. Office uses are not likely to involve contaminants that could substantially degrade flows from the site to the storm drain system; therefore, there would be no increases in any degradation of water quality from current levels. g- i) Place housing within a 100-year flood hazard area as mapped by a Flood Insurance Rate Map, or impede or redirect flood flow, including dam failure? NI. The project includes a rezoning to the M-P Zoning District. No housing is permitted in either the existing or proposed zoning districts. The site is not located within a 100-year flood plain or in a dam inundation area. No impacts are anticipated with respect to this topic. j) Result in inundation by seiche, tsunami or mudflows? NI. The project site is located inland from major bodies of water and not subject to seiche or tsuami. Surrounding properties are flat with no major topographic relief that could cause significant mudflows or landslides onto the project site. No impacts are anticipated with respect to this topic. 10. Land Use and Planning Project Impacts a) Physically divide an established community? NI. The project site is built out and fully surrounded by existing light industrial, commercial and mixed-use development (of which a portion is high density residential). The proposed rezoning expands permitted uses to include offices within the existing buildings. The proposed rezoning would not change existing physical site conditions and would not physically divide an established community. No impacts are anticipated. b) Conflict with any applicable land use plan, policy or regulation? NI. No amendments are required to the Dublin General Plan or other local regulations that have been adopted to protect the environment. The project 6.1.c Packet Pg. 402 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 34 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 would involve a requested zone change and no impacts are anticipated with respect to this topic. c) Conflict with a habitat conservation plan or natural community conservation plan? NI. The project site and surrounding properties have been fully developed with urban uses. No new or expanded building construction would result from the requested rezoning and there would be no impact to a habitat conservation plan or natural community conservation plan as neither type of plan exists on the site. 11. Mineral Resources Project Impacts a, b) Result in the loss of availability of regionally or locally significant mineral resources ? NI. No impacts would occur to any mineral resources, since no such resources are identified on the project site in the Dublin General Plan. 12. Noise Project Impacts a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard? NI. Approval of the proposed project would change the zoning from M-1 to M-P. Although no changes to existing site occupancies are currently proposed, the M-P Zoning District would add office uses as a permitted use. An additional 11,700 square feet of office uses could be developed on the project site in the existing buildings. Such uses would generate more vehicle trips than light industrial uses, which could increase local roadway noise. Vehicle trips are discussed in Section 16 of this Initial Study, Transportation and Traffic. Uses permitted in the M-P Zoning District (such as office uses) could generate less operational noise than uses that are allowed in the M-1 Zoning District, which include equipment and materials storage yard, impound yards and vehicle storage yards. If the rezoning is approved, the operational noise generated on the site is expected to be less since the M-P Zoning District requires that all uses be conducted entirely indoors. Surrounding land uses generally include light industrial and commercial uses, although some residences exist to the south, so that there would be few sensitive noise receptors. The City does not expect a significant increase in noise resulting from additional vehicle trips since the existing tenants generate vehicle trips, the increase in vehicle trips will not be substantial and there are multiple routes to access the project site. 6.1.c Packet Pg. 403 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 35 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 b) Exposure of people to excessive groundborne vibration or groundborne noise levels ? NI. The project site is fully developed. There would be no construction undertaken as a result of the project other than interior tenant improvements; therefore, there would be no impact with respect to vibration or groundborne noise. c, d) Substantial permanent or temporary increases in permanent in ambient noise levels ? NI. No impact is anticipated to occur with respect to a permanent or temporary increase in noise from the site. No new or expanded building construction is expected that would generate temporary noise because the site is fully developed. Interior tenant improvements for office and other uses permitted in the M-P Zoning District would be subject to the City’s restrictions on construction hours to ensure there would be no significant construction noise impacts. A substantial permanent increase in noise is not anticipated since the M-P Zoning District requires that all uses be conducted entirely indoors. e, f) Be located within an airport land use plan area, within two miles of a public or private airport or airstrip? NI. The project site lies outside of the Airport Influence Area (AIA) of Livermore Municipal Airport (see Figure 3-1, Livermore Municipal Airport Land Use Compatibility Plan, County of Alameda, 2012). No impacts would occur with respect to this topic. 13. Population and Housing Project Impacts a) Induce substantial population growth in an area, either directly or indirectly? NI. The project site is developed with light industrial buildings and no construction is proposed as a part of the project. Although future office uses could be allowed on the site should the requested rezoning be approved, it is a fully developed site with existing businesses and employees. Possible future office uses could generate additional employees; however, the increase would be small given the scope of the project. There would therefore be no direct or indirect population growth facilitated as a result of the project. b, c) Would the project displace substantial numbers of existing housing units or people requiring replacement housing? NI. No residences exist on the project site that would be displaced. No impacts would occur with respect to this topic. 6.1.c Packet Pg. 404 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 36 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 14. Public Services Environmental Impacts a) Fire protection? NI. The City of Dublin contracts with the Alameda County Fire Department for fire suppression, emergency medical, rescue and fire inspection services. Future M-P uses that would be permitted as part of the project could result in a slight increase in the number of calls for emergency services based upon an increase in office uses. The increase in employees would be limited given the scope of the project. A representative of the Alameda County Fire Department has reviewed the proposed project and has found that no new or expanded fire facilities would be required to serve the additional population included in the proposed project (Bonnie Terra, ACFD, 3/18/16). No impacts would result as a result of the proposed project. b) Police protection? NI. Similar to fire service, there would likely be a slight increase in the number of calls for service to the Dublin Police Services based on allowing office uses. A representative from the Dublin Police Services has reviewed the proposed project and found that no new or expanded Police Services facilities would be needed as a result of project approval (Chief Dennis Houghtelling 3/28/16). c) Schools? NI. Public educational services in Dublin are provided by the Dublin Unified School District. The District maintains a number of K-12 schools throughout Dublin. There are also a number of private educational facilities in the community. Since no dwellings are included in the proposed project and no construction is proposed that could directly facilitate growth that would add students, no impacts are proposed with respect to this topic. d) Maintenance of public facilities, including roads? NI. No public facilities are proposed to be constructed as part of the rezoning project so there would be no impact with respect to this topic. e) Solid waste generation? NI. See item 17 (F-G), below. 15. Recreation Project Impacts a) Would the project increase the use of existing neighborhood or regional parks? NI. No dwellings or other structures would be constructed as part of the proposed project, since the project only includes a change from one industrial 6.1.c Packet Pg. 405 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 37 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 zoning district to another. There would be no impact with respect to an increase in use of City or regional park facilities. b) Does the project include recreational facilities or require the construction of recreational facilities? NI. The proposed project includes a rezoning from the M-1 Zoning District to the M-P Zoning District and does not include the construction of recreational facilities. No impact would result with respect to this topic. 16. Transportation/Traffic Project Impacts a, b) Cause an increase in traffic which is substantial relative to existing traffic load and street; or exceed LOS standards established by the County CMA for designated roads? LS. The project site is currently developed and is generating traffic to and from the site. Should the requested rezoning to the M-P Zoning District be approved, office uses would be allowed on the project site. The Dublin Public Works Department has estimated existing trips to and from the site compared with anticipated future trips under a industrial park scenario during the morning and afternoon peak hour (see Table 2). Peak hour trips are considered the most intense in comparison with other hours of the day and this measurement is generally used to analyze project traffic impacts. The City threshold for determining if additional traffic impact analysis is required is whether a project would increase any peak hour trips by 50 or more. If project trip generation is less than this threshold, the impact would be less than significant. Table 2. Project Peak Hour Trip Generation Zoning Classification Current Light Industrial Use Proposed Industrial Park Use Trip Generation Change ITE Trip Generation Category 1 Light Industrial Industrial Park -- A.M Peak Trip Generation 59 100 +41 P.M. Peak Trip Generation 60 90 +30 Note 1: Trip rates based on ITE Trip Generation Manual, 9th edition Source: City of Dublin Traffic Division, Public Works Department Based on the above, the proposed rezoning could generate up to 41 additional vehicle trips in the A. M. peak and 30 additional trips in the P.M. peak period. These potential trip increases would not exceed the City’s significance threshold. Based on City of Dublin records for intersection and 6.1.c Packet Pg. 406 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 38 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 street operations near the project site there would be no significant impacts on local or regional roads, or Alameda County Congestion Management Agency (CMA) roads (source: W. Lai, City of Dublin, April 2016). c) Result in a change of air traffic patterns? NI. The proposed project would have no impact on air traffic patterns, since it involves an industrial rezoning in the central part of Dublin. d) Substantially increase hazards due to a design feature or incompatible use ? NI. There would be no increase in any existing design feature hazards since no construction is proposed as part of this project. e) Result in inadequate emergency access? NI. No impacts would occur with regard to emergency access since no new development would be constructed that could block an emergency access route or an evacuation route. f) Conflict with adopted policies, plans or programs supporting alternative transportation modes? NI. If approved, the zoning of the project site would be changed from the M-1 Zoning District to the M-P Zoning District. There would be no impacts on local transportation systems, including but not limited to bus systems, bicycle routes and pedestrian paths. 17. Utilities and Service Systems Environmental Impacts and Mitigation Measures a) Exceed wastewater treatment requirements of the RWQCB? NI. The project site is within the Dublin San Ramon Services District (DSRSD) and receives wastewater collection, treatment and disposal services from DSRSD. Approval of the requested rezoning could slightly increase wastewater generation from the site if more intensive office uses locate on the site. Future uses in the project area are unknown but could result in slightly greater wastewater flows from existing conditions due to potentially more intensive office uses. Regardless, DSRSD representatives have indicated that even with the approval of the requested rezoning, DSRSD wastewater facilities are considered to be adequate to accommodate future flows and would not exceed Regional Water Quality Control Board discharge requirements (source: Stan Kolodzie, DSRSD engineer, 3/30/16). No impact is anticipated with respect to this topic. b) Require new water or wastewater treatment facilities or expansion of existing facilities? NI. A representative from DSRSD notes that the District can provide water and wastewater facilities to the project site if the requested rezoning to 6.1.c Packet Pg. 407 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 39 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 the M-P Zoning District is approved without new or expanded facilities (Stan Kolodzie, DSRSD, 3/30/16). No impacts would occur with respect to this topic. c) Require new storm drainage facilities or expansion of existing facilities? NI. See Hydrology Section, 9d. d) Are sufficient water supplies available? NI. DSRSD currently provides water for domestic and fire suppression purposes via a network of water mains, laterals and related facilities throughout the City of Dublin, including the project site. The amount of water required to serve future uses permitted in the M-P Zoning District could be slightly higher than water needed for current uses due to potentially more office uses. However, the District has indicated that an adequate long-term water supply can be provided to the project site even with approval of the requested rezoning (source: Stan Kolodzie, DSRSD engineer, 3/30/16). No impact is anticipated with respect to this topic. e) Adequate wastewater capacity to serve the proposed project? NI. See item “a,” above. f, g) Solid waste disposal? NI. Existing businesses on the project site are currently generating solid waste and recycling. It is anticipated that approximately the same quantity of solid waste would be generated should the rezoning be approved since the solid waste generated by office uses would be approximately equivalent to the solid waste generated by the existing light industrial uses. No significant impact would occur with respect to this topic. 18. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No. The preceding analysis indicates that the proposed project would not have a significant adverse impact on the environment, cultural resources or have the potential to affect fish or wildlife habitats, or populations or plant communities, or restrict the range of rare or endangered species, based on the analysis included in this Initial Study. 6.1.c Packet Pg. 408 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 40 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). No, the proposed project involves a rezoning of a fully developed site from the M-1 Zoning District to the M-P Zoning District. No significant cumulative impacts have been identified in this Initial Study. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No. Based on the preceding Initial Study, no substantial effects to human beings, either directly or indirectly have been identified. 6.1.c Packet Pg. 409 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 41 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Initial Study Preparers Jerry Haag, Urban Planner, Project Manager and Principal Author Rob Tuma, Report Graphics Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Luke Sims, Community Development Director Jeff Baker, Assistant Community Development Director Martha Aja, Associate Planner Obaid Khan, Transportation and Operations Manager Jayson Imai, Senior Civil Engineer William Lai, Assistant Civil Engineer Bonnie Terra, Alameda County Fire Department Chief Dennis Houghtelling, Dublin Police Services Kit Faubion, Assistant City Attorney California Department of Toxic Substances Control (DTSC) Website Dublin San Ramon Services District (DSRSD) Stan Kolozdie, Staff Engineer References Municipal Code, City of Dublin Dublin General Plan, updated through November 2014 Eastern Dublin Specific Plan, updated through October 2014 Bay Area Air Quality Management District’s Clean Air Plan, September 15, 2010 Eastern Alameda County Conservation Strategy (EACCS), October 2010 California Department of Toxic Substances Control, website, July 2014 City of Dublin, Climate Action Plan Update, July 2013 6.1.c Packet Pg. 410 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) City of Dublin Page 42 Initial Study/ 6455-6557 Sierra Lane August 2016 PLPA # 2014-00034 Negative Declaration Date August 25, 2016 Project Title Sierra Business Center Rezone Project Application PLPA-2014-00034 Project Location The project site is located at 6465-6557 Sierra Lane (APN# 941-0205- 020) in the City of Dublin, CA in Alameda County. Project Applicant Edward Pike, Square I, LLC, PO Box 458, Orinda, CA 94563 Phone: 925-383-9894 Contact Martha Aja, Associate Planner , City of Dublin Community, Development Department, 100 Civic Plaza, Dublin, CA 94568 Phone: 925-833-6610 martha.aja@dublin.ca.gov Project Description The applicant has requested that the City of Dublin change the zoning district on the site from the current M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District. Both the existing M-1 and the proposed M-P Zoning Districts are consistent with the site’s General Plan Business Park/Industrial land use designation. Under the current M-1 Zoning District, office uses are not permitted. If the zoning district were to be changed to the proposed M-P Zoning District, professional and administrative offices would be an allowed use within the complex. Finding The City hereby finds that the above project could not have a significant effect on the environment and a Negative Declaration is the appropriate environmental review under CEQA. The Initial Study documenting the reasons to support the above finding is a separately bound document, incorporated herein by reference and available for public review during normal business hours at City Hall from the Contact above. CITY OF DUBLIN ________________________ Martha Aja, Associate Planner Date: Considered by: ______________________________ On: _______ Resolution No.: ________ NOD Filed: ________ 6.1.c Packet Pg. 411 At t a c h m e n t : 3 . E x h i b i t A I n i t i a l S t u d y N e g a t i v e D e c l a r a t i o n F i n a l ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) RESOLUTION NO. 16- 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A NEGATIVE DECLARATION FOR THE REZONING OF THE SIERRA BUSINESS CENTER FROM THE M-1 TO THE M-P ZONING DISTRICT (APN 941-0205-020) PLPA 2014-00034 WHEREAS, the Applicant proposes to rezone the project site from the M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District; and WHEREAS, the site is located at 6549 Sierra Lane and is currently developed with 3 industrial buildings which are currently used for a variety of uses; and WHEREAS, a complete application is available and on file in the Planning Division; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared an Initial Study for the project; and WHEREAS, the Initial Study determined that there was no substantial evidence that the rezoning project would have a significant adverse effect on the environment, therefore, the City prepared a Negative Declaration dated August 25, 2016 and attached as Attachment 1 to Exhibit A; and WHEREAS, the City circulated the Initial Study/Negative Declaration (IS/ND) for public review from August 25, 2016 through September 14, 2016; and WHEREAS, the City received only one comment letter during the public review period. The letter was from the Dublin San Ramon Services District and agreed with the IS/ND analysis regarding water and wastewater; and WHEREAS, a Staff Report dated October 11, 2016 analyzed the IS/ND and the rezoning project and recommended approval of the IS/ND and the application; and WHEREAS, on October 11, 2016, the Planning Commission did hold a properly noticed public hearing on the application at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the IS/ND, and all reports, recommendations and testimony referenced above before making its recommendation. 6.1.d Packet Pg. 412 At t a c h m e n t : 4 . P C R e s o l u t i o n 1 6 - 2 3 R e c o m m e n d i n g a p p r o v a l o f N e g a t i v e D e c l a r a t i o n ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) 2 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the Resolution attached as Exhibit A and incorporated herein by reference, approving a Negative Declaration for the Sierra Business Center Rezone. PASSED, APPROVED, AND ADOPTED this 11th day of October 2016 by the following vote: AYES: Kohli, Mittan, Goel, Bhuthimethee NOES: ABSENT: Do ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director G:\PA\2014\PLPA-2014-00034 Sierra Business Center Rezone\CC Meeting.11.1.16\Att 3 PC Reso Neg Dec.DOC 6.1.d Packet Pg. 413 At t a c h m e n t : 4 . P C R e s o l u t i o n 1 6 - 2 3 R e c o m m e n d i n g a p p r o v a l o f N e g a t i v e D e c l a r a t i o n ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) RESOLUTION NO. 16- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A REZONING FROM THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT TO THE M-P (INDUSTRIAL PARK) ZONING DISTRICT FOR THE SIERRA BUSINESS CENTER LOCATED AT 6549 SIERRA LANE (APN 941-0205-020) PLPA 2014-00034 WHEREAS, the Applicant proposes a to rezone the project site from the M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District; and WHEREAS, the site is currently developed with 3 industrial buildings which are currently used for a variety of uses; and WHEREAS, a complete application is available and on file in the Planning Division; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared and circulated an Initial Study/Negative Declaration (IS/ND) for the project dated August 25, 2016 and incorporated herein by reference; and WHEREAS, a Staff Report dated October 11, 2016 analyzed the IS/ND and the rezoning project and recommended approval of the IS/ND and the application; and WHEREAS, on October 11, 2016, the Planning Commission did hold a properly noticed public hearing on the application at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the IS/ND, and all reports, recommendations and testimony referenced above before making its recommendation; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution 16-23 recommending that the City Council adopt a resolution approving a Negative Declaration for this project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings in the attached draft Ordinance, recommends that the City Council approve the Ordinance attached as Exhibit A and incorporated herein by reference, which Ordinance approves a rezone for the Sierra Business Center (PLPA-2014-00034). 6.1.e Packet Pg. 414 At t a c h m e n t : 5 . P C R e s o l u t i o n 1 6 - 2 4 R e c o m m e n d i n g a p p r o v a l o f O r d i n a n c e t o R e z o n e ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) 2 PASSED, APPROVED, AND ADOPTED this 11th day of October 2016 by the following vote: AYES: Kohli, Mittan, Goel, Bhuthimethee NOES: ABSENT: Do ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director G:\PA\2014\PLPA-2014-00034 Sierra Business Center Rezone\CC Meeting.11.1.16\Att 4 PC Reso CC Ordinance.DOC 6.1.e Packet Pg. 415 At t a c h m e n t : 5 . P C R e s o l u t i o n 1 6 - 2 4 R e c o m m e n d i n g a p p r o v a l o f O r d i n a n c e t o R e z o n e ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) DRAFT DRAFT Planning Commission October 11, 2016 Regular Meeting Page | 107 Planning Commission Minutes Tuesday, October 10, 2016 1. CALL TO ORDER & PLEDGE OF ALLEGIENCE TO THE FLAG A regular meeting of the City of Dublin Planning Commission was held on Tuesday, October 10, 2016, in the City Council Chambers located at 100 Civic Plaza. Chair Kohli called the meeting to order at 7:00 p.m. Present: Chair Kohli; Vice Chair Mittan; Commissioners Bhuthimethee and Goel; Jeff Baker, Assistant Community Development Director; Tim Cremin, Assistant City Attorney; Martha Aja, Associate Planner; and Debra LeClair, Recording Secretary. Absent: Cm. Do 2. ORAL COMMUNICATIONS – NONE 3. CONSENT CALENDAR – 3.1 Minutes of the September 13, 2016 Planning Commission Meeting. On a motion by Cm. Goel and seconded by Cm. Bhuthimethee, on a vote of 3-0-2, both Cm. Do and Cm. Mittan were absent from that meeting, the Planning Commission approved the minutes of the September 13, 2016 meeting. 4. WRITTEN COMMUNICATIONS – NONE 5. PUBLIC HEARINGS – 5.1 PLPA 2014-00034 Sierra Business Center Rezone from the current M-1 (Light Industrial) Zoning District to the M-P (Industrial Park) Zoning District. Martha Aja, Associate Planner, presented the project as outlined in the Staff Report. Cm. Bhuthimethee asked if there is an advantage to the Applicant in changing the zoning to M-P (Industrial Park) versus adopting Planned Development (PD) zoning. Ms. Aja answered that the Applicant requested the change to the M-P (Industrial Park) versus a PD amendment. Cm. Goel asked about the site to the west of the project site. Ms. Aja pointed out the Sierra Trinity Business Center and stated that the buildings in that center have similar design attributes to those on the project site. Cm. Goel asked if the Sierra Trinity Business Center currently has occupied office space. 6.1.f Packet Pg. 416 At t a c h m e n t : 6 . D r a f t P l a n n i n g C o m m i s s i o n m i n u t e s 1 0 . 1 1 . 1 6 ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) DRAFT DRAFT Planning Commission October 11, 2016 Regular Meeting Page | 108 Ms. Aja answered yes; the change in zoning has resulted in the successful tenanting of those buildings. She stated that leasing spaces had been a challenge for the property owner prior to the zoning change. Cm. Goel asked if the letter of support from the Dublin San Ramon Services District (DSRSD) was included in the Staff Report. Ms. Aja answered that it was not included in the Staff Report. Cm. Goel asked for the information included in the letter of support. Ms. Aja responded that DSRSD agreed with the conclusions of the Initial Study and the analysis and would be able to provide water and wastewater services to the site if the zoning change was approved. Cm. Goel felt that the letter was not necessarily in support of approving the zoning change but DSRSD felt that there were no negative impacts associated with the zoning change and confirmed the study. Cm Mittan asked if the project site could still have a light industrial use. Ms. Aja answered yes; this zoning change will add the office space use, but some of the heavier industrial uses currently allowed in the Light Industrial zoning district, would no longer be permitted. Cm. Mittan asked if the zoning change is being done with a specific tenant in mind or in order to enable the property owner to open their building to other potential tenants. Ms. Aja referred the question to the Applicant. Chair Kohli asked about the parking situation at the project site. He was concerned with overflow parking at adjacent buildings and asked if there was a parking study done. Ms. Aja responded that there is currently more parking on the site than is required per the code. She stated that, whenever a potential office use comes into the City, Staff would evaluate the use to ensure that there is adequate parking to support a more intensive office use. Chair Kohli asked if the adjacent businesses are aware of the requested zoning change. He felt that they might be concerned about overflow parking. Ms. Aja stated that the City has received no letters regarding the request and the property owners and tenants within 300 feet were notified of this public hearing. Chair Kohli opened the public hearing. Edward Pike, Applicant, spoke in favor of the project. Cm. Mittan asked how many tenant spaces are currently in the building. 6.1.f Packet Pg. 417 At t a c h m e n t : 6 . D r a f t P l a n n i n g C o m m i s s i o n m i n u t e s 1 0 . 1 1 . 1 6 ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) DRAFT DRAFT Planning Commission October 11, 2016 Regular Meeting Page | 109 Mr. Pike stated that there are approximately 9-10 tenant spaces, currently occupied with long- term tenants. Chair Kohli closed the public hearing. Cm. Bhuthimethee felt that the building was set up for office space and that this is an appropriate change. She asked if the building or the zoning came first. Ms. Aja responded that the building was built in the 1970’s, which was prior to the City’s incorporation. Cm. Bhuthimethee asked if the zoning for the area was assigned by the City. Ms. Aja answered yes. Cm. Goel asked if the Industrial Park zoning allows for residential uses. Ms. Aja answered no; the Industrial Park zoning does not allow for residential uses. Cm. Goel asked if the zoning change will open up the business center as an office suite complex. Ms. Aja answered yes; the only land use that is not allowed, that would be allowed with the zoning change, is the office use. She stated that there are other uses that would no longer be allowed. Cm. Goel asked what uses would no longer be allowed. Ms. Aja stated that the uses that would no longer be allowed are: auto uses, repair services, sales, cemetery, impound yard, service station, storage yard, salvage and wrecking yard and trucking terminals which are the heavier industrial or outdoor uses. Cm. Goel asked if the Applicant is planning any rehabilitation to the property site. Ms. Aja responded that the only rehabilitation would be tenant improvements to the spaces. Cm. Goel asked if it was the Applicant who initiated the request for zoning change. Ms. Aja answered yes. Cm. Mittan asked how the zoning for the current project affects the surrounding buildings. Ms. Aja pointed out the adjacent zoning and the allowed uses. Chair Kohli stated that the surrounding parcels are zoned PD but the project site has requested a zoning change to M-P and asked for an explanation of the difference. Jeff Baker, Assistant Community Development Director, responded that the zoning is technically different but practically speaking, it is the same. Both zoning districts allow virtually the same uses. 6.1.f Packet Pg. 418 At t a c h m e n t : 6 . D r a f t P l a n n i n g C o m m i s s i o n m i n u t e s 1 0 . 1 1 . 1 6 ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) DRAFT DRAFT Planning Commission October 11, 2016 Regular Meeting Page | 110 On a motion by Cm. Goel and seconded by Cm. Mittan, on a vote of 4-0-1, with Cm. Do being absent, the Planning Commission adopted: RESOLUTION NO. 16- 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A NEGATIVE DECLARATION FOR THE REZONING OF THE SIERRA BUSINESS CENTER FROM THE M-1 TO THE M-P ZONING DISTRICT RESOLUTION NO. 16- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A REZONING FROM THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT TO THE M-P (INDUSTRIAL PARK) ZONING DISTRICT FOR THE SIERRA BUSINESS CENTER LOCATED AT 6549 SIERRA LANE 6. UNFINISHED BUSINESS – NONE 7. NEW BUSINESS - NONE 8. OTHER BUSINESS - 8.1 Mr. Baker informed the Planning Commission that the Community Development Department has a new Principal Planner, Amy Million, to replace Kristi Bascom who has left the City for a new opportunity. 8.2 Mr. Baker informed the Planning Commission that there will be no meeting on October 25th and that there are no items on the schedule for the rest of the year, but that could change. Chair Kohli felt that if this is the last meeting of the year he wanted to thank Staff and the other Planning Commissioners for a great year. 9. ADJOURNMENT – The meeting was adjourned at 7:18:58 PM Respectfully submitted, Planning Commission Chair 6.1.f Packet Pg. 419 At t a c h m e n t : 6 . D r a f t P l a n n i n g C o m m i s s i o n m i n u t e s 1 0 . 1 1 . 1 6 ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) DRAFT DRAFT Planning Commission October 11, 2016 Regular Meeting Page | 111 ATTEST: Jeff Baker Assistant Community Development Director G:\MINUTES\2016\PLANNING COMMISSION\10.11.16 DRAFT PC MINUTES.docx 6.1.f Packet Pg. 420 At t a c h m e n t : 6 . D r a f t P l a n n i n g C o m m i s s i o n m i n u t e s 1 0 . 1 1 . 1 6 ( 1 1 9 4 : S i e r r a B u s i n e s s C e n t e r R e z o n e ) Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Alameda County Waste Management Authority Reusable Bag Ordinance Expansion Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: The Reusable Bag Ordinance adopted by the Alameda County Waste Management Authority (WMA) in 2012 (Ordinance 2012-2) applies to approximately 1,300 grocery, drug and liquor stores in Alameda County. The ordinance promotes source control by reducing litter and keeping plastic bags out of local waterways. Given the effectiveness of the current ordinance, the WMA Board directed its staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. On September 28, 2016, the WMA Board unanimously voted to adopt the ordinance and the addendum to the Environmental Impact Report, with a second reading scheduled for October 26, 2016. City staff will present an overview to the City Council of the proposed ordinance, the current status, and ask for direction from City Council regarding Dublin’s participation in the countywide ordinance. STAFF RECOMMENDATION: Staff recommends that City Council receive the report and provide direction regarding City participation in the Reusable Bag Ordinance Expansion. FINANCIAL IMPACT: There is no impact to the General Fund. Participating member agencies are not expected to contribute to start-up costs. The program expenses would be funded by the WMA with support from the Alameda Countywide Clean Water Program (Clean Water Program). DESCRIPTION: The Waste Management Authority Reusable Bag Ordinance (Ordinance 2012-2) became effective on January 1, 2013. It mandates that affected stores can only distribute compliant reusable bags or bags made of recycled content paper. Affected 7.1 Packet Pg. 421 Page 2 of 5 stores must charge a minimum of 10 cents per bag and itemize the purchase on customer receipts. The City Council approved Ordinance 2012-2 on February 21, 2012 to codify Dublin’s participation in the Reusable Bag Ordinance. This first Reusable Bag Ordinance (Existing Ordinance) assisted the City in meeting full trash capture requirements mandated in the first Municipal Regional Stormwater NPDES Permit (MRP). MRP permittees including the City were mandated to achieve a 40% trash load reduction by July 1, 2014. Participation in the Ordinance has allowed the City to claim a 4% trash load reduction credit, which facilitated meeting the 40% trash load reduction mandate and is equivalent to a load reduction of 513 gallons of trash per year. Since implementation of Ordinance 2012-2, available data shows that the ordinance has been effective in reducing the use of single-use plastic bags and increasing the use of reusable bags. Highlights of the data include the following: · Overall bag purchases by affected Alameda County retail stores have declined by 85% · The number of shoppers bringing a reusable bag, or not using a bag at all, has more than doubled · A 44% decrease in plastic bags found in Alameda County storm drains · Stores are participating with a compliance rate of 90% Based on these results, the WMA has made a finding that Ordinance 2012-2 has substantially reduced the environmental impacts of single use bags. In October 2014, the WMA Board directed its staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. The proposed ordinance expansion changes were developed together with WMA legal counsel and the Technical Advisory Committee comprised of member agency staff. The proposed expanded ordinance (Expanded Ordinance) would include approximately 9,000 retail stores and 4,000 restaurants in Alameda County. In Dublin, there would be approximately 165 restaurants and 265 retail stores affected. Current Trash Load Reduction Status As of June 30, 2016 the City has achieved 67% trash load reduction, which includes 4% trash load reduction credit for implementing the Existing Ordinance. MRP permittees are mandated to achieve trash load reductions of 70% by July 1, 2017 and 80% by July 1, 2019. The City would be eligible for an additional 3% trash load reduction credit if City Council elects to opt-in to the Expanded Ordinance, allowing the City to achieve the 70% trash load reduction requirement. Should the City Council choose not to participate in the Expanded Ordinance, the additional trash load reduction credits associated with the Expanded Ordinance could not be used, and the City would need to achieve the additional 3% reduction, which equates to 384 gallons of trash, by other means. The most likely way to achieve the required reduction would be through additional infrastructure, such as trash capture 7.1 Packet Pg. 422 Page 3 of 5 units. The installation and annual maintenance costs would be funded from the City's General Fund, while funding to implement the Expanded Ordinance would come from StopWaste and the Alameda Countywide Clean Water Program which has committed $180,000 towards implementation. Key Changes in the Expanded Ordinance The following summarizes key changes in the Expanded Ordinance, including revised definitions, exemptions, and related details: Revised definitions: · Store: Any commercial establishment operating from a permanent enclosed structure that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer. · Public Eating Establishment: Any restaurant, take-out food establishment or other business including but not limited to food sales from vehicles or temporary facilities open to the public that receive 90% or more of its revenue from the sale of prepared and ready-to-consume foods and/or drinks to the public. Exemptions: · Produce/Product Bags: Bags that are integral to the packaging of the product, or bags without handles provided to the Customer (i) to transport bulk food or meat from a produce, bulk food or meat department within a store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Content Paper Bag. · Stores operating in a certified farmers’ market registered in accordance with Section 47020 of the California Food and Agricultural Code. Public Eating Establishments are not required to charge customers if distributing recycled content paper bags, but must charge a minimum of 10 cents for a compliant reusable bag. Other Changes: · Recordkeeping requirements for stores regarding customer bag sales and store bag purchasing are removed. The WMA found that records provided by stores have been illegible and/or incomplete and therefore do not accurately capture performance metrics. The WMA will continue to collect their own data to track performance metrics. · Inspections will be compliance-based only. The Expanded Ordinance language is included in Attachment 1. Business Community Outreach There have been multiple efforts to reach out to the business community about the Expanded Ordinance. StopWaste conducted three workshops in October 2015 throughout the county, including a workshop at the Pleasanton Library on October 19, 7.1 Packet Pg. 423 Page 4 of 5 2015. StopWaste coordinated with Dublin’s Chamber of Commerce (Chamber) to include an article on the Expanded Ordinance in the Chamber’s summer 2016 newsletter. In addition, City of Dublin staff gave a brief presentation on the Expanded Ordinance at the Chamber’s September 1, 2016 Economic Development meeting. The Chamber’s Board of Directors voted to support the Expanded Ordinance at their September 14, 2016 meeting. The City also conducted a survey of Dublin’s restaurant owners and managers on the Expanded Ordinance. Staff requested survey participation by mailing an informational letter and survey to restaurants along with a self-addressed stamped return envelope. The survey was also available online. In addition, some site visits were conducted to increase participation. A total of 26 restaurants responded, 22 independent and 4 franchises. As seen in the table below, survey respondents were slightly more in favor of the Expanded Ordinance than against it. Expanded Bag Ordinance Survey Results Question Total # of Responses Responses by Restaurant Type Support Expanded Bag Ordinance 14 11 independent, 3 franchise Against Expanded Bag Ordinance 12 11 independent, 1 franchise Ordinance would not have serious impact on business 13 12 independent, 1 franchise Ordinance would have serious impact on business 13 10 independent, 3 franchise Currently use plastic bags for some or all takeout 18 15 independent, 3 franchise Timeline The Expanded Ordinance and the addendum to the Environmental Impact Report was introduced to the WMA Board for a first reading on September 28, 2016, with a second reading scheduled for October 26, 2016. The WMA Board unanimously approved the Expanded Ordinance at the September 28, 2016 meeting. The timeline presented in the table below summarizes next steps in the implementation process. Waste Management Authority Expanded Ordinance Timeline Date Action October 28, 2016 Second reading of the Expanded Ordinance at the WMA Board meeting. November 2016 - March 2017 StopWaste conducts outreach to public and stores (includes three direct mail letters to affected stores). December 2016 Any member agency opting out must do so by resolution by December 9, 2016. December 2016 - March 2017 StopWaste collects baseline data for pre- 7.1 Packet Pg. 424 Page 5 of 5 ordinance metrics (parking lot surveys, purchasing data, creek audits, etc.). May 2017 Ordinance effective for new retail stores. November 2017 Ordinance effective for all restaurants/eating establishments. Opt-Out Provision Jurisdictions may choose to opt-out of the Expanded Ordinance by resolution by December 9, 2016. Staff requests that City Council provide direction regarding the City’s participation in the Expanded Ordinance. At this time, no other member agencies have indicated their intention to opt-out of the Expanded Ordinance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. WMA Expanded Reusable Bag Ordinance 7.1 Packet Pg. 425 ATTACHMENT 1-WMA Expanded Reusable Bag Ordinance ORDINANCE 2016-02 AMENDING ORDINANCE 2012-02 ORDINANCE REGULATING THE USE OF CARRYOUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS The Board of the Alameda County Waste Management Authority (“Authority”) finds that: 1.In 2012 the Authority adopted Ordinance 2012-02, the Ordinance Regulating The Use Of Carryout Bags and Promoting the Use of Reusable Bags. For the reasons set forth in the findings in Exhibit A, the Authority wishes to amend the ordinance to apply its requirements to stores not subject to the original ordinance and to make minor clarifying changes. 2.The Board of the Alameda County Waste Management Authority held a public meeting on September 28, 2016, and after considering all testimony and written materials provided in connection with that meeting introduced this ordinance and waived the reading thereof. Therefore, the Board of the Authority hereby ordains as follows: Section 1. Adoption. Ordinance 2012-02, the Ordinance Regulating The Use Of Carryout Bags and Promoting the Use of Reusable Bags is hereby amended as set forth in Exhibit A. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Section 2. Severability. If any provision of this Ordinance or its application to any situation is held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 3. Publication. Within 15 days after adoption of a summary of the ordinance with the names of those voting for and against, the ordinance shall be published and a certified copy of the full text with the names of those voting for and against the ordinance shall either (i) be posted on the Authority’s website or (ii) be posted in the Authority offices. -Continued on following page - 22 7.1.a Packet Pg. 426 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) Following introduction on September 28, 2016, passed and adopted October 26, 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: I certify that under the penalty of perjury that the foregoing is a full, true and correct copy of the ORDINANCE NO. 2016-02. ____________________________ Wendy Sommer EXECUTIVE DIRECTOR 23 7.1.a Packet Pg. 427 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) Exhibit A ORDINANCE 2012-2 AS AMENDED BY ORDINANCE 2016-2 ORDINANCE REGULATING THE USE OF CARRYOUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS The Board of the Alameda County Waste Management Authority (“Authority”) ordains as follows: SECTION 1 (Enactment) The Board of the Authority does hereby enact this Ordinance in full consisting of Section 1 through Section 1110. SECTION 2 (Findings) (a)The purpose of this Ordinance is to reduce the use of single use carryout bags and promote the use of reusable bags at the point of sale in Alameda County. (b)The Authority has the power to enact this Ordinance pursuant to the Joint Exercise of Powers Agreement for Waste Management (“JPA”). The JPA grants the Authority the power, duty, and responsibility to prepare, adopt, revise, amend, administer, enforce and implement the County Integrated Waste Management Plan (“CoIWMP”), and pursuant to Section 5.m of the JPA, the power to adopt ordinances necessary to carry out the purposes of the JPA. (c)Reducing single use bag use is reasonably necessary to carry out the purposes of the JPA and implement the CoIWMP, including the following goals and policies. (d)Goal 1 of the CoIWMP is to promote environmental quality, ensure protection of public health and safety, and to minimize environmental impacts in all aspects of solid waste management. Policy 1.4.1 includes reduction of hard to recycle materials. (e)Goal 2 of the CoIWMP calls on the Authority and its member agencies to achieve maximum feasible waste reduction and to reduce the amount of waste disposed at landfills through improved management and conservation of resources. (f)Policy 2.1.1 adopts a waste management hierarchy that ranks management of waste through source reduction and then recycling and composting above landfill disposal. (g)Goal 7 of the CoIMWP is to Promote Inter-jurisdictional Cooperation. Policy 7.1.3 states that the Authority shall coordinate with other organizations as needed to fulfill its countywide role including coordinating on related issues such as water and litter. Objective 7.8 states that the Authority will coordinate and facilitate program implementation by individual or subregional groupings of member agencies. 24 7.1.a Packet Pg. 428 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 4 (h)Numerous studies have documented the prevalence of plastic carry-out bags littering the environment, blocking storm drains and fouling beaches. (i)Plastic bags are a substantial source of marine debris. (j)Plastic bags cause operational problems at County landfills and transfer stations and contribute to litter countywide. (k)The Authority has participated in a campaign with The Bay Area Recycling Outreach Coalition to promote reusable bags countywide for several years. Despite these efforts, plastic bags comprise 9.6% of litter collected during coastal cleanup days (based on 2008 data) in Alameda County. Additionally, plastic bags continue to cause processing equipment problems at County transfer stations. Agency studies show that as a result of Ordinance 2012-2, there has been a 44% decrease in plastic bags found in Alameda County Storm drains and a 69% decrease in paper and plastic bags at point of sale, and the number of shoppers bringing a reusable bag to affected stores, or not using a bag at all, has more than doubled. (l)Member Agencies are required by the Municipal Regional Permit (MRP) for storm water to reduce trash by 70% by 2017 and 100% by 2022, with cities having the option to implement plastic bag bans to achieve these requirements. (m)There are several alternatives to single-use carry-out bags readily available. (n)Studies document that banning single use plastic bags and charging for single use paper bags will dramatically reduce the single use of both types of bags. Despite the positive impacts of the existing ordinance, it is estimated that 62% of the projected 764 million bags distributed in Alameda County are distributed by currently affected stores. Further efforts are needed to decrease single-use checkout bags. (o)The Authority prepared the Mandatory Recycling and Single Use Bag Reduction Ordinances Environmental Impact Report, which considered two separate projects and included the environmental review required by the California Environmental Quality Act for this Ordinance. The Authority certified those portions of the EIR relevant to this Ordinance. The Authority prepared an Addendum that analyzed the environmental impacts associated with amending the reusable bag ordinance and found that the amendments would not result in any new significant environmental impacts that were not addressed in the EIR and will not cause any impacts to be substantially greater than were identified in the EIR. Nor do changed circumstances or new information reveal the ordinance would have any significant impacts not considered in the EIR or result in increases in the severity of any impacts identified in the EIR. (p)This ordinance will be enforced using the principle of progressive enforcement with the objective of bringing the regulated community into compliance. 25 7.1.a Packet Pg. 429 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 5 Progressive enforcement measures shall be used in the following order in order to promote compliance: (i) official notification of non-compliance, (ii) warning of an impending administrative citation and related fine, (iii) issuance of an administrative citation and fine, and (iv) civil enforcement and/or criminal enforcement if warranted by the nature of the violation. SECTION 3 (Definitions) The definitions set forth in this Section shall govern the application and interpretation of this ordinance. (a)“Alameda County” means all of the territory located within the incorporated and unincorporated areas of Alameda County. (b)“Authority” means the Alameda County Waste Management Authority created by the Joint Exercise of Powers Agreement for Waste Management (JPA). (c)“Authority Representative” means any agent of the Authority designated by the Enforcement Official to implement this Ordinance, including Member Agency employees, or private contractors hired for purposes of monitoring and enforcement. (d)“Covered Jurisdiction” means a Member Agency of the JPA that has not opted out of coverage under Ordinance 2012-02 or Ordinance 2016-02 this Ordinance pursuant to Section 98 of this Ordinance. “2012 Covered Jurisdiction” means a Member Agency. “2016 Covered Jurisdiction” means a Member Agency that has not opted out of coverage under Ordinance 2016-02. (e)“Customer” means any Person obtaining goods from a Store. (f)“Enforcement Official” means the Executive Director of the Authority or his or her authorized designee. (g)“Executive Director” means the individual appointed by the Authority Board to act as head of staff and perform those duties specified by the Authority Rules of Procedure and by the Board. (h)“Member Agency” means a party to the JPA. Current member agencies are the County of Alameda, the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, and the Castro Valley and Oro Loma Sanitary Districts. The service areas for the purpose of Section 98 of this Ordinance are: (1)The legal boundaries of each of the 14 incorporated municipalities within Alameda County. (2)The unincorporated sections of the County. 26 7.1.a Packet Pg. 430 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 6 (i)“Nonprofit Charitable Reuse Organization" means a charitable organization recognized as having Section 501 (c)(3) status by the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. (j)“Person” means an individual, firm, public or private corporation, limited liability company, partnership, industry or any other entity whatsoever. (k)“Postconsumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. (l)“Primary Enforcement Representative” is the chief executive of a Covered Jurisdiction or a qualified designee who will coordinate with the Authority regarding implementation of the Ordinance. A qualified designee shall have at least two years of municipal code enforcement experience or have undergone at least the level one municipal code compliance training program of the California Association of Code Enforcement Officers, or equivalent training program approved by the Enforcement Official. (m)“Produce/Product Bags” are bags that are integral to the packaging of the product, or bags without handles provided to the Customer (i) to transport produce, bulk food or meat from a produce, bulk food or meat department within a Store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Content Paper Bag. (n)“Public Eating Establishment” means a restaurant, take-out food establishment or other business (including, but not limited to, food sales from vehicles or temporary facilities open to the public) that receives 90% or more of its revenue from the sale of prepared and ready-to-consume foods and/or drinks to the public prepared on the premises. (o)"Recycled Content Paper Bag” means a paper bag provided by a Store to a Customer at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of the Store and that contains no oldgrowth fiber and a minimum of forty percent (40%) postconsumer recycled material; is one hundred percent (100%) recyclable and compostable, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; and has printed in a highly visible manner on the outside of the bag the words “Recyclable,” the name and location of the manufacturer, and the percentage of post- consumer recycled content. 27 7.1.a Packet Pg. 431 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 7 (p)"Reusable Bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: 1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; 2) has a minimum volume of 15 liters; 3) is machine washable or is made from a material that can be cleaned or disinfected; 4) does not contain lead, cadmium or any other heavy metal in toxic amounts, as defined by applicable state and federal standards and regulations for packaging or reusable bags; 5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and 6) if made of plastic, is a minimum of at least 2.25 mils thick. (q)“Single-Use Carryout Bag” means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of the Store. Single-Use Carryout Bags do not include Produce/Product Bags. bags that are integral to the packaging of the product, or bags without handles provided to the Customer (i) to transport produce, bulk food or meat from a produce, bulk food or meat department within a Store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Paper Bag. (r)"Store" means any of the following stores located within Covered Jurisdictions: (1)Within 2012 Covered Jurisdictions a A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2)Within 2012 Covered Jurisdictions a A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or (3)Within 2012 Covered Jurisdictions a A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of goods that include milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. (4)Within 2016 Covered Jurisdictions on and after May 1, 2017 the stores listed in sections 3(r)(1), (2) and (3) above and any other commercial establishment operating from a permanent enclosed structure that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer; and 28 7.1.a Packet Pg. 432 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 8 (5)Within 2016 Covered Jurisdictions on and after November 1, 2017 any Public Eating Establishment. SECTION 4 (Carryout Bag Restrictions) (a)No Store shall provide a Single-Use Carryout Bag or Reusable Bag to a Customer at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of the Store after January 1, 2013 except as provided in this Section. (b)On or before January 1, 2015, a A Store may make available for sale to a Customer a Recycled Content Paper Bag or a Reusable Bag for a minimum price of ten cents ($0.10). (c)A Store that is a Public Eating Establishment may make available to a Customer a Recycled Content Paper Bag at no charge, or a Reusable Bag for a minimum price of ten cents ($0.10). On or after January 1, 2015, a Store may make available for sale to a Customer a Recycled Paper Bag or a Reusable Bag for a minimum price of twenty-five cents ($0.25). This restriction, however, shall not apply if the Authority finds, after January 1, 2014, that the Ordinance has achieved its goal to substantially reduce the environmental impacts of the use of Single Use Carryout Bags, in which case the minimum ten cents ($0.10) per bag price provided in Section 4(b) shall apply. (d)No Store may make available for sale a Recycled Content Paper Bag or Reusable Bag unless the amount of the sale of the Recycled Content Paper Bag and Reusable Bag is separately itemized on the sales receipt. (e)A Store may provide a Reusable Bag at no charge if it is distributed as part of an infrequent and limited time promotion. An infrequent and limited time promotion shall not exceed a total of 90 days in any consecutive 12 month period. (f)A Store may provide free Reusable Bags or free Recycled Content Paper Bags at the point of sale to a Customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code; a Customer participating in Calfresh pursuant to Chapter 1 commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code; and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, as necessary to carry the items purchased at the Store by each such Customer. 29 7.1.a Packet Pg. 433 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 9 SECTION 5 (Permitted Bags) Nothing in this Ordinance prohibits Customers from using bags of any type that they bring to the Store themselves or from carrying away goods that are not placed in a bag. SECTION 6 (Exemptions) This Ordinance does not apply to: (a)Single-Use Carryout Bags or Reusable Bags Produce/Product B ags distributed to Customers by food providers for the purpose of safeguarding public health and safety during the transportation of take-out foods and drinks prepared on the food provider’s premises but intended for consumption at or away from the food provider’s premises. (b)Single-Use Carryout Bags or Reusable Bags used by Public Eating Establishments or Nonprofit Charitable Reuse Organizations. (c)Stores operating in a certified farmers’ market registered in accordance with Section 47020 of the California Food and Agricultural Code. SECTION 7 (Recordkeeping and Inspection) (a)Every Store shall keep complete and accurate records of the number of Recycled Paper Bags and the number of Reusable Bags purchased and sold each month at the Store during the period commencing July 1, 2012 and ending December 31, 2013. The store shall also keep complete and accurate records of the days on which free Reusable Bags are distributed pursuant to section 4(e) of this Ordinance. All records required by this Ordinance shall be available for inspection within 7 days of the Authority's request at no cost to the Authority during regular business hours by any Authorit y Representative authorized to enforce this Ordinance. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the Store address. (b)The provision of false information including incomplete records or documents to the Authority shall be a violation of this Ordinance. (c)Authority Representatives are authorized to conduct any other inspections reasonably necessary to further the goals of this Ordinance, subject to applicable laws. SECTION 87 (Enforcement and Phasing) (a)Pre-enforcement Consultation. An enforcement action shall not be taken in any Covered Jurisdiction without written approval from the Primary Enforcement Representative of that Covered Jurisdiction. The Primary Enforcement Representative 30 7.1.a Packet Pg. 434 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 10 shall provide approval or disapproval of a proposed enforcement action in a timely manner. (b)Administrative Enforcement. Violation of any provision of this Ordinance shall constitute grounds for assessment of a notice of violation and fine by an Authority Representative in accordance with Government Code § 53069.4 or as the code shall subsequently be amended or reorganized. Where an enforcement action is necessary to enforce this Ordinance, the Enforcement Official will typically issue a notice of violation as authorized in this subsection prior to taking the actions authorized pursuant to sections 78(c) or 78(d) of this Ordinance. A separate notice of violation and fine may be imposed for each day on which a violation occurs. The fine shall not exceed the amounts detailed for misdemeanors in Section 78(d) of this Ordinance. The notice of violation shall list the specific violation and fine amount and describe how to pay the fine and how to request an administrative hearing to contest the notice of violation. The fine must be paid within 30 days of the notice of violation and must be deposited prior to any requested hearing. A hearing, by a hearing officer, will be held only if it is requested within 30 days of the notice of violation. Evidence may be presented at the hearing. If it is determined that no violation occurred, the amount of the fine shall be refunded within 30 days. The Authority shall serve the final order on the Person subject to the notice of violation by first class, overnight or certified mail. (c)Civil Action. Violation of any provision of this Ordinance may be enforced by a civil action including an action for injunctive relief. (d)Infractions and Misdemeanors. Violation of any provision of this Ordinance shall constitute a misdemeanor punishable by a fine not to exceed $500 for the first violation, a fine not to exceed $750 for the second violation within one year and a fine not to exceed $1000 for each additional violation within one year. Violation of any provision of this Ordinance may also be enforced as an infraction punishable by a fine not to exceed $100 for the first violation, a fine not to exceed $200 for the second violation within one year and a fine not to exceed $500 for each additional violation within one year. There shall be a separate offense for each day on which a violation occurs. (e)Authorized Representatives. Enforcement pursuant to this Ordinance may be undertaken by the Authority through its Executive Director, counsel, or any Authority Representative. In any enforcement action, the Authority shall be entitled to recover its attorneys’ fees and costs from any Person who violates this Ordinance. Authority Representatives are authorized to conduct any inspections reasonably necessary to further the goals of this Ordinance, subject to applicable laws. (f)Phasing. Notwithstanding the foregoing inspection and enforcement authorization Enforcement of this ordinance the amendments to this ordinance adopted by Ordinance 2016-02 shall be phased on the following schedule. Prior to January 1, 2013 , the date that a type of establishment will be considered a Store, those establishments Stores will be notified and public education and outreach activities will take place. Warnings and enforcement Enforcement actions will be 31 7.1.a Packet Pg. 435 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) 11 taken as needed beginning November 1, 2017 for Stores described in Section 3(r)(4) and beginning May 1, 2018 for Stores described in Section 3(r)(5)January 1, 2013. SECTION 98 (Local Regulation and Opt-Out and Opt-In Provisions) (a)Local Regulation. Nothing in this Ordinance shall be construed to prohibit any Member Agency from enacting and enforcing ordinances and regulations regarding the distribution of Single-Use Carryout Bags and Reusable Bags, including more stringent requirements than those in this Ordinance. (b)Opt-Out Provision. Any Member Agency by a resolution of its governing body prior to March 2, 2012 may choose to exclude its service area from this Ordinance December 9, 2016 may choose to exclude its service area from the amendments to Ordinance 2012-02 adopted by Ordinance 2016-02 on October 26, 2016. (c)Opt-In Provision. Any Member Agency that chooses to exclude its service area may request of the Authority by a resolution of its governing board to be re- included in coverage of the Ordinance at any subsequent time. Such coverage under the Ordinance, however, shall not occur unless it is accepted in writing by the Enforcement Official or the Authority Board, and shall become effective only on the date specified in such written acceptance. Such acceptance shall not be unreasonably withheld or delayed. (d)Dispute Resolution. In the event of a dispute between the Authority and a Covered Jurisdiction regarding the implementation of this Ordinance, either party may request a meeting, in which case the Enforcement Official and the Primary Enforcement Representative for the Covered Jurisdiction (or other designee of the chief executive of the Covered Jurisdiction) shall meet to discuss implementation of the Ordinance. After such meeting, the parties may agree to enter into mediation to resolve any disputes between the parties related to implementation of the Ordinance. In addition, after meeting to seek to resolve any disputes between the parties and possible mediation, the Authority Board or the governing body of the Covered Jurisdiction, with at least 30 days public notice, may by resolution choose to exclude the service area of the Covered Jurisdiction from this Ordinance. SECTION 10 9 (Severability) If any provision of this Ordinance or its application to any situation is held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 1110 (Notice and Verification) This Ordinance shall be posted at the Authority Office after its second reading by the Board for at least thirty (30) days and shall become effective thirty (30) days after the second reading. 32 7.1.a Packet Pg. 436 At t a c h m e n t : 1 . W M A E x p a n d e d R e u s a b l e B a g O r d i n a n c e ( 1 1 9 1 : R e u s a b l e B a g O r d i n a n c e E x p a n s i o n ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Arts Space Grant Pilot Program Awards Prepared by: Tegan McLane, Cultural Arts & Heritage Mana ger EXECUTIVE SUMMARY: The City Council will consider a recommendation from the Heritage and Cultural Arts Commission to award Arts Space Grants to all four organizations that applied for grants under the pilot program. STAFF RECOMMENDATION: Staff recommends that the City Council award Arts Space Grants to Amador Valley Quilters, Dublin Historical Preservation Association, East Bay Marathi Mandal and Futures Explored, as recommended by the Heritage and Cultural Arts Commission. FINANCIAL IMPACT: Administrative costs for the Arts Space Grant pilot program have been included in the Fiscal Year 2016-17 Cultural Arts budget. Estimated administrative costs are $2,600 annually. Direct costs for Facility Attendants will vary, depending on the dates and facilities for which space is granted. Time granted at Dublin High School Center for the Performing Arts and Education incurs no direct cost to the City. Time granted at City-owned facilities would result in new direct costs of Facility Attendants and potentially lost revenue. Direct costs will be carefully tracked during the pilot program to provide City Council with complete information when it evaluates the pilot program. Based on the requests recommended by the Heritage and Cultural Arts Commission, Staff estimates direct costs for Facility Attendants to be $1,150. DESCRIPTION: At its July 19, 2016 meeting, the City Council approved the proposal for an Arts Space Grant Pilot Program, which had been previously recommended by the Heritage and Cultural Arts Commission. In mid-August, the application was posted to the City’s 8.1 Packet Pg. 437 Page 2 of 3 website and publicized through normal City channels, as well as to those registered in the City’s Cultural Arts Resources Database and through the media. Both The Independent and the East Bay Times newspapers ran articles promoting the program, and explaining the application procedure. A mandatory informational meeting was held on September 9, and applications were due September 15. Eight organizations sent representatives to the informational meeting, including several not previously known to City Staff. Five organizations submitted applications for the pilot program and all were asked by Staff to complete follow up questions based on their proposals. One organization withdrew from the process prior to the presentations to the Heritage and Cultural Arts Commission meeting on October 13, 2016. Staff verified that all applicants meet the minimum requirements of the grant. Staff worked with the applicants to verify that their requested space is available and/or has worked with them to find alternate dates and/or locations. As no two applicants have requested conflicting space/dates, and the request for each space is within the maximum allotted hours, the Commission was free to recommend in favor of supporting all four applicants. The applicants and their proposals are: Amador Valley Quilters Amador Valley Quilters has requested 30 hours at Dublin Public Library Community Room for Quiltinators/QOV Rookie Quilt, a free program where experienced quilters mentor new quilters and new quilters make quilts to donate to organizations in and around Dublin. Although the application requests Mondays, there was no space available on Mondays; the program is now proposed for the first Wednesdays of the month, December through May, for five hours during the day. The estimated direct cost of the Facility Attendant time for set-up and take-down is $240. This is a rentable space, priced at $90/hour for residents, so potential lost revenue is $2,700 (Attachment 1). Dublin Historical Preservation Association Dublin Historical Preservation Association has requested a two-week display space in the City Hall Lobby for a display of “Dublin Aerial Photos as Art and History,” to take place February 27-March 10, 2017. The display will invite members of the public to leave comment cards. To mark the exhibit opening, the exhibit curator will present a talk about the images, and DHPA will host a small reception in the lobby. The estimated direct cost of Facility Attendant time for set-up and take-down is $30. This is not normally a rentable space, so there is no potential lost revenue (Attachment 2). East Bay Marathi Mandal East Bay Marathi Mandal, an Indian cultural organization, has requested eight hours at the Dublin High School Center for the Performing Arts to stage a concert titled “Rich Heritage of Music” on Saturday, March 25, 2017. (Initially the group had requested December 3, but following their comments at the Commission meeting indicating they could not book the artist until the grant was awarded, Staff suggested switching to one of their later possible dates; Staff believes one month is very short notice to contract an artist and publicize a concert.) The concert will feature a well-known Hindustani 8.1 Packet Pg. 438 Page 3 of 3 classical singer who resides in California, and may also feature some of the performer’s local Indian music students, including some from Dublin. Under the Use Agreement with Dublin Unified School District, the City will incur no direct costs for theater technicians. This is not a rentable space for the City, so there is no potential lost revenue to the City (Attachment 3). Futures Explored Futures Explored, a vocational program for developmentally disabled young people, has requested 33 hours at the Heritage Park Sunday School Barn for an inclusive youth filmmaking class that would be open to both the general public and developmentally disabled youth. The proposed class would be Monday evenings, three hours per week for 10 weeks, with a screening of participants' work on May 17. Several young film- makers who are developmentally disabled would be hired by Futures Explored to serve as teacher’s assistants. The estimated direct cost of Facility Attendant time for set-up, take-down and building supervision is $880. This is a rentable space, priced at $170/hour for residents, so potential lost revenue is $5,610 (Attachment 4). On a motion by Cm. Szollos, seconded by Cm. Iharosi, and by a vote of 4-0-3 with Cm. Minniear, Cm. Tutino and Cm. He absent, the Heritage and Cultural Arts Commission voted to recommend that City Council award Arts Space Grants to all four applicants. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The four organizations whose applications are being considered have been notified of the meeting and advised to be in attendance, should City Council have questions about their proposed programs. ATTACHMENTS: 1. Amador Valley Quilters Application 2. DHPA Application 3. East Bay Marathi Mandal 4. Futures Explored Application 8.1 Packet Pg. 439 Powered by ZoomGrants™ Email This Preview Save as PDF Print Close Window A▲▼ City of Dublin Heritage & Cultural Arts Arts Space Grant Program 9/15/2016 deadline Amador Valley Quilters Quiltinators/QOV-Rookie Quilt Program $ 40.00 Requested Submitted: 9/14/2016 2:18:07 PM (Pacific) Project Contact Jeanne Brophy jeannebquiltz@gmail.com Tel: 925-462-1600 Additional Contacts none entered Amador Valley Quilters P.O. Box 955 Pleasanton, CA 94566 United States President Linda Schmidt shortattn@comcast.net Telephone925-462-1600 Fax Web amadorvalleyquilters.org Eligibility Verification 1. Is your organization: 2. Your organization's EIN number: 68-0218621 3. What is your organization's mission? This is a drop in and sew/quilt group whose purpose is to piece and quilt community quilts and Quilts of Valor. We have help clinics set up to teach, help solve problems and build confidence. This "Friendship Group" donates approximately 300 of the 1000+ quilts donated to local charities including Dublin Police Dept. annually by Amador Valley Quilters. A complete list of recipients is available upon request. The Quilts of Valor quilts that we make are donated to veterans mainly in Alameda County. We have presented quilts at the Veteran's Hall in Livermore, Pleasanton and the U.S.S. Hornet just to name a few. We do good works and we loving sharing our knowledge of quilting to new quilters and experienced quilters alike. I feel we would be a good fit for Dublin and we have several members that currently reside in Dublin. Quilting is a recognized art form, you only need to see Linda Schmidt's work that hangs in your lobby to recognize that. Linda has been a member of AVQ for many years and is now our currently our president. 4. Fiscal sponsor organization (must be a 501c3 or government entity): -answer not presented because of the answer to #1- 5. Fiscal sponsor's CEO/Executive Director: -answer not presented because of the answer to #1- 6. Fiscal sponsor's contact person/title: -answer not presented because of the answer to #1- 7. Fiscal sponsor's mailing address: -answer not presented because of the answer to #1- 8. Fiscal sponsor's phone number(s): -answer not presented because of the answer to #1- 9. Fiscal sponsor's email address: -answer not presented because of the answer to #1- 10. Fiscal sponsor's website: -answer not presented because of the answer to #1- Some answers will not be presented because they are not part of the selected group of questions based on the answer to #1. ✔✔✔✔ A 501c3 nonprofit organization gfedc Operating under a fiscal sponsor gfedc Neither 8.1.a Packet Pg. 440 At t a c h m e n t : 1 . A m a d o r V a l l e y Q u i l t e r s A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 11. Fiscal sponsor's EIN (employer identification number): -answer not presented because of the answer to #1- 12. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a DOJ background screening (Livescan fingerprinting)? N/A 13. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a TB test in the past two years? N/A 14. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors are aware of and understand their responsibilities as Mandated Reporters? N/A Application Questions About Your Event 1. Event genre: 2. Description of the event: We meet monthly to teach quilting to new and experienced quilters. During our get together we will cut kits, sew tops or quilt the completed tops. These quilts are donated to local agencies or to our local veterans. 3. Requested location: 4. First choice date(s): First Monday's of the month. 10-3-16, 11-7-16, 12-5-16, 1-2-17, 2-6-17, 3-6-17, 4-3-17,5-8-17, 6-5-17 5. Second choice date(s): Third Monday of the month 6. Third choice date(s) Fourth Monday of the month 7. Event type: An active event is one where your guests are participating in the art form (i.e., a workshop or rehearsal). A passive event is one where your guests are primarily viewing the art or performance of others (i.e. an exhibit or concert). 8. How many people can participate in the artistic activity? As many as the room will hold for a workshop. 15-40 Some answers will not be presented because they are not part of the selected group of questions based on the answer to #7. gfedc Fine Art gfedc Folk Art gfedc Film/Digital Arts gfedc Dance gfedc Theater gfedc Music gfedc Literary Arts gfedc Cultural Arts ✔✔✔✔ Multidisciplinary/Other gfedc Dublin High School Center for the Performing Arts & Education gfedc Heritage Sunday School Barn gfedc Heritage Old St. Raymond Church gfedc Heritage Little CLassroom gfedc Shannon Center Ambrose Hall gfedc Dublin Senior Center Ballroom gfedc Dublin Senior Center Art Classroom ✔✔✔✔ Dublin Library Community Room gfedc Dublin City Hall Lobby ✔✔✔✔ Active (participatory) gfedc Passive (viewed) 8.1.a Packet Pg. 441 At t a c h m e n t : 1 . A m a d o r V a l l e y Q u i l t e r s A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 9. How many spots are you willing to guarantee for Dublin residents? -answer not presented because of the answer to #7- 10. What are you charging to participate? Nothing 11. What discount or special consideration, if any, are you offering to Dublin residents? N/A 12. What audience size do you expect? N/A 13. What are you charging to attend? N/A 14. How many artists or performers do you expect to participate? N/A 15. List any participating artists or performers who are Dublin residents. Provide name and street address. N/A About Your Goals, Measure of Success 16. Which of these City of Dublin Cultural Arts goals does your program meet? Check all that apply. 17. Describe how your event will meet the City of Dublin Cultural Arts goals and your organizational goals or mission. We want to give as many quilts as needed to Bay Area local agencies and to our local veterans. We want to help anyone that wants to quilt learn the skills necessary. I have taught for many years and have found it quite rewarding. I feel once a person knows how to quilt, they then have the tools to produce fine quality works of art that Dublin would be proud of. They first need to learn how to make that first stitch. All of our experienced and celebrated quilters all started with that first stitch and now are known throughout the world. Linda Schmidt and Alex Anderson are just 2 of Amador Valley Quilters outstanding artists. 18. Choose how you will quantitatively measure the success of your program. Check all that apply. You will be asked to provide documentation of the items you choose. 19. What other evidence will you be able to provide afterward to show how successful your event was? You will be asked to provide copies of the items you choose. ✔✔✔✔ Create more art in public places gfedc Advance historical and cultural aspects of Dublin Heritage Park & Museums ✔✔✔✔ Develop programs and partnerships that support a broad spectrum of cultural arts gfedc Provide consistent and ongoing arts education for Dublin's youth gfedc Promote and market Dublin's heritage and cultural arts gfedc Number of artists displaying work gfedc Number of performers in show gfedc Number of students enrolled in program gfedc Number of public creating art gfedc Number of audience members gfedc Number of exhibit guests gfedc Number of artworks displayed ✔✔✔✔ Number of artworks created gfedc Total participant house (participants x length of time participating in the space) ✔✔✔✔ Percentage of participants satisfied or very satisfied, based on a survey gfedc Percentage of participants increasing skill, based on pre- and post-test gfedc Amount of donations received ($) gfedc Amount of ticket sales ($) gfedc Amount of media coverage ✔✔✔✔ Other gfedc Critical reviews gfedc Audience reviews/testimonials ✔✔✔✔ Participant reviews/testimonials gfedc Photos of the event gfedc Video of the event gfedc Performance or exhibit program ✔✔✔✔ Other 8.1.a Packet Pg. 442 At t a c h m e n t : 1 . A m a d o r V a l l e y Q u i l t e r s A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Event Budget Funding Sources/Revenues Proposed Event Participant Fees Ticket Sales Concession Sales Cash Donations In-Kind Donations Other Grant Funding Allocation from General Operating Budget Other (please indicate) Total $ 0.00 Projected Expenses Proposed Event Office supplies Marketing/advertising Other administrative expenses Administrative staff Artistic staff Production staff Guest artists Other personnel Facility rent Production supplies Equipment Royalties Meals Artist travel/lodging Other production expenses Total $ 0.00 Event Budget Narrative N/A Documents Documents Requested *Required?Attached Documents * Business license General liability insurance or special event insurance Rental Application Additional Questions Are these workshops free for the participant? Yes, everyone is welcome at no cost to them. Since we are making Community Quilts for our local charities and Quilts of Valor for our local veterans, all projects will be left with us to distribute. We give you the tools to learn to make quilts of your own while helping the local community. Some of our quilts have been distributed to the Dublin Police Dept. The listed contact is Toni or Angela at City Hall Dublin as of 2014. On our website we have a form for veterans to fill out to be presented a quilt and Dublin veterans should apply. All veterans' requests are satisfied. I do not have access to their personal information to see how many Dublin veterans have received quilts. I also do not have personal information as to how many Dublin residents have received quilts through the agencies in Alameda County that we give to, i.e. Children's Hospital at ValleyCare Medical Center, Pleasanton (Contact - Gina Teeples) or TriValley Haven, Livermore (Contact - Lanine Thompson) to name just a few. A full list of our agencies is available upon request. Our guild (AVQ) donates between 900-1000 quilts a year and Quiltinators donates approx. 300 of those quilts. Can you offer pre-registration for Dublin residents to ensure their participation? How will you guarantee 51% of the participants will be Dublin residents? I can certainly give Dublin residents priority but I don't feel this is necessary since I do not have a closed workshop. The amount of people that attend is only restricted by space available. I have never turned anyone away. We currently have 3 Dublin residents out of the 20-25 active participants. Their info is: Ruth Edwards Audrey Hutchinson Sue Stephenson 8153 Holanda Lane 7725 Woodren Ct 7013 Mansfield Ave 94568 94568 94568 8.1.a Packet Pg. 443 At t a c h m e n t : 1 . A m a d o r V a l l e y Q u i l t e r s A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Application ID: 64375 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2016 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser * ZoomGrants™ is not responsible for the content of uploaded documents. Do you have to be a member of the AVQ to participate? No, this is a friendship group. Only the contact person (me) needs to be a member of AVQ. If this is a drop-in program, how do collect participant information? (i.e. name, address, etc.) I have a sign in sheet in the front of the room or at a designated area that everyone is requested to fill out. What time of day do you plan on offering the workshops? 10 am - 3 pm Are your days, times, location flexible? If not, please list the dates your workshops are NOT available. We have been meeting on the first Monday of the month for about 7 years, so this would be my preference. The second Monday is not available because Community Quilts meets that day and many of our members also belong to the Community Quilts group. I can only be flexible to the point of a specific day (M-F) every month. It would also be best to have the same room. I cannot see my group surviving if this were to change every month nor would it be effective for Dublin residents to try and figure out where we are. What are the "other" measurements you are proposing to measure your program's success? The ultimate measure would be how many quilts are done and how many new members of Quiltinators join and stay with us. Specifically, how many Dublin residents join us. The fact that the meeting place would be in Dublin, would encourage more Dublin participants to attend. Will you be measuring participant hours to measure success? No. Our best measure is the end result... a quilt. Please explain the space necessary for the workshop? Will you need tables, chairs, etc.? and if so, how many participants per table? We will need a table for every 2 sewers, assuming that the tables are no smaller than 6' and a chair for each participant. I will need at least 2 tables for cutting and a couple of ironing stations. 8.1.a Packet Pg. 444 At t a c h m e n t : 1 . A m a d o r V a l l e y Q u i l t e r s A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Powered by ZoomGrants™ Email This Preview Save as PDF Print Close Window A▲▼ City of Dublin Heritage & Cultural Arts Arts Space Grant Program 9/15/2016 deadline Dublin Historical Preservation Association Dublin Aerial Photos as Art and History $ 32.00 Requested Submitted: 9/14/2016 3:55:52 PM (Pacific) Project Contact DHPA DHPA dhpaorg@gmail.com Tel: NA Additional Contacts minniear@comcast.net Dublin Historical Preservation Association 7172 Regional Street, PMB 316 Dublin, CA 94568 President Steven Minniear dhpaorg@gmail.com Telephone925 785-2898 Fax Web dhpa.org Eligibility Verification 1. Is your organization: 2. Your organization's EIN number: 94-2515688 3. What is your organization's mission? DHPA promotes and encourages an interest in those historical resources that represent the heritage of Dublin and the surrounding area. It works with all interested parties and organizations towards that goal. DHPA’s mission is includes providing local historical opportunities to the residents and guests of Dublin. Included in the mission will be special consideration for the cultural diversity of Dublin and the region. 4. Fiscal sponsor organization (must be a 501c3 or government entity): -answer not presented because of the answer to #1- 5. Fiscal sponsor's CEO/Executive Director: -answer not presented because of the answer to #1- 6. Fiscal sponsor's contact person/title: -answer not presented because of the answer to #1- 7. Fiscal sponsor's mailing address: -answer not presented because of the answer to #1- 8. Fiscal sponsor's phone number(s): -answer not presented because of the answer to #1- 9. Fiscal sponsor's email address: -answer not presented because of the answer to #1- 10. Fiscal sponsor's website: -answer not presented because of the answer to #1- 11. Fiscal sponsor's EIN (employer identification number): Some answers will not be presented because they are not part of the selected group of questions based on the answer to #1. ✔✔✔✔ A 501c3 nonprofit organization gfedc Operating under a fiscal sponsor gfedc Neither 8.1.b Packet Pg. 445 At t a c h m e n t : 2 . D H P A A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) -answer not presented because of the answer to #1- 12. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a DOJ background screening (Livescan fingerprinting)? Not applicable 13. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a TB test in the past two years? Not applicable 14. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors are aware of and understand their responsibilities as Mandated Reporters? Not applicable Application Questions About Your Event 1. Event genre: 2. Description of the event: "Dublin Aerial Photos as Art and History" will display many overhead photographs of Dublin since the 1940’s. Each photo will show the growth, development and transformation of the physical and cultural space that is Dublin. It will show Dublin in an unusual, exciting and interesting manner. Associated text panels will describe what was going on in Dublin at the time. The images will be selected from the collections of the Dublin Heritage Park & Museums, Dublin Heritage Preservation Association, Dublin Historian, and local residents. Located in the Dublin Civic Center lobby, the presentation should entertain and educate visitors to Dublin. It should give them a new and fresh view on our community and a new sense of their new American backyard. Visitors will also be given an opportunity to leave comments about what they've seen on a comment board near the photos. The curator will review the comments each day to ensure they are suitable for public presentation. 3. Requested location: 4. First choice date(s): March 6-8, 2017 5. Second choice date(s): April 3-5, 2017 6. Third choice date(s) May 1-3, 2017 7. Event type: An active event is one where your guests are participating in the art form (i.e., a workshop or rehearsal). A passive event is one where your guests are primarily viewing the art or performance of others (i.e. an exhibit or concert). Some answers will not be presented because they are not part of the selected group of questions based on the answer to #7. gfedc Fine Art gfedc Folk Art gfedc Film/Digital Arts gfedc Dance gfedc Theater gfedc Music gfedc Literary Arts gfedc Cultural Arts ✔✔✔✔ Multidisciplinary/Other gfedc Dublin High School Center for the Performing Arts & Education gfedc Heritage Sunday School Barn gfedc Heritage Old St. Raymond Church gfedc Heritage Little CLassroom gfedc Shannon Center Ambrose Hall gfedc Dublin Senior Center Ballroom gfedc Dublin Senior Center Art Classroom gfedc Dublin Library Community Room ✔✔✔✔ Dublin City Hall Lobby gfedc Active (participatory) 8.1.b Packet Pg. 446 At t a c h m e n t : 2 . D H P A A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 8. How many people can participate in the artistic activity? -answer not presented because of the answer to #7- 9. How many spots are you willing to guarantee for Dublin residents? The venue is in the Civic Center lobby and is open to the public. Most viewers will be Dublin residents. The others will be Dublin guests. 10. What are you charging to participate? Nothing. 11. What discount or special consideration, if any, are you offering to Dublin residents? This is a free venue. 12. What audience size do you expect? The usual number of people who visit the Dublin Civic Center. 13. What are you charging to attend? This will be a free event. 14. How many artists or performers do you expect to participate? The event will include a number of different photograph from various photographers. 15. List any participating artists or performers who are Dublin residents. Provide name and street address. Many of the photographers are unknown but all the photographs will feature Dublin. About Your Goals, Measure of Success 16. Which of these City of Dublin Cultural Arts goals does your program meet? Check all that apply. 17. Describe how your event will meet the City of Dublin Cultural Arts goals and your organizational goals or mission. "Dublin Aerial Photos as Art and History" will create more art in public places by its placement the Civic Center lobby. By using photographs from its collection, the presentation will advance historical and cultural aspects of the Dublin Heritage Park & Museums and all of Dublin’s history. Showing a new (to viewers) vantage point of Dublin’s space and history, the presentation will promote and market Dublin's heritage and cultural arts to everyone who enters the Civic Center lobby. 18. Choose how you will quantitatively measure the success of your program. Check all that apply. You will be asked to provide documentation of the items you choose. 19. What other evidence will you be able to provide afterward to show how successful your event was? You will be asked to provide copies of the items you choose. ✔✔✔✔ Passive (viewed) ✔✔✔✔ Create more art in public places ✔✔✔✔ Advance historical and cultural aspects of Dublin Heritage Park & Museums gfedc Develop programs and partnerships that support a broad spectrum of cultural arts gfedc Provide consistent and ongoing arts education for Dublin's youth ✔✔✔✔ Promote and market Dublin's heritage and cultural arts gfedc Number of artists displaying work gfedc Number of performers in show gfedc Number of students enrolled in program gfedc Number of public creating art gfedc Number of audience members ✔✔✔✔ Number of exhibit guests ✔✔✔✔ Number of artworks displayed gfedc Number of artworks created gfedc Total participant house (participants x length of time participating in the space) gfedc Percentage of participants satisfied or very satisfied, based on a survey gfedc Percentage of participants increasing skill, based on pre- and post-test gfedc Amount of donations received ($) gfedc Amount of ticket sales ($) gfedc Amount of media coverage ✔✔✔✔ Other gfedc Critical reviews gfedc Audience reviews/testimonials 8.1.b Packet Pg. 447 At t a c h m e n t : 2 . D H P A A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) ✔✔✔✔ Participant reviews/testimonials gfedc Photos of the event gfedc Video of the event ✔✔✔✔ Performance or exhibit program gfedc Other Event Budget Funding Sources/Revenues Proposed Event Participant Fees $ 0.00 Ticket Sales $ 0.00 Concession Sales $ 0.00 Cash Donations $ 0.00 In-Kind Donations $ 200.00 Other Grant Funding $ 0.00 Allocation from General Operating Budget $ 0.00 Other (please indicate) Total $ 200.00 Projected Expenses Proposed Event Office supplies Marketing/advertising Other administrative expenses Administrative staff $ 0.00 Artistic staff Production staff $ 0.00 Guest artists $ 0.00 Other personnel $ 0.00 Facility rent $ 0.00 Production supplies $ 200.00 Equipment $ 0.00 Royalties $ 0.00 Meals $ 0.00 Artist travel/lodging $ 0.00 Other production expenses $ 0.00 Total $ 200.00 Event Budget Narrative The Dublin Historical Preservation Association will provide up to $200 for printing and presentation of photographs. Documents Documents Requested *Required?Attached Documents * Business license General liability insurance or special event insurance Rental Application Additional Questions The Dublin City Hall lobby allows for an exhibit up to 2 weeks. Would you like to leave the exhibit up for 2 weeks and if not, why? We would be happy to leave it up for two weeks. We thought that it would be nice to have a shorter, more focused exhibit to allow others to take advantage of the space. Will you be hosting a gallery talk or opening reception? On opening night (the first night of the show) Steve Minniear, President of DHPA, will be available to make a short presentation and talk to attendees, from approximately six to eight pm. We will post notices on social media about the opening talk. If the city would like to publicize the event even more that would be great. How do you plan to track exhibit guests? Will there be a guest book? There will be a guest book and part of the display space will be available for people to post comments and observations about the aerial photos. We will provide the book and 3x5 cards and tacks. We will also put out a box for people to put comment cards if they do not want to put them up next to the photos. 8.1.b Packet Pg. 448 At t a c h m e n t : 2 . D H P A A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Application ID: 64371 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2016 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser * ZoomGrants™ is not responsible for the content of uploaded documents. Explain your "other" forms of quantitatively measuring success? If people fill out the comment cards and put them next to the photos or put comment cards in the box we think this will be indicative of a successful event. We will also use the comments as part of our post-event evaluation. Is there any reason why you wouldn't collect audience reviews? We will collect audience reviews. Attendees will be able to submit reviews of the photos and of the event, as indicated above. 8.1.b Packet Pg. 449 At t a c h m e n t : 2 . D H P A A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Powered by ZoomGrants™ Email This Preview Save as PDF Print Close Window A▲▼ City of Dublin Heritage & Cultural Arts Arts Space Grant Program 9/15/2016 deadline East Bay Marathi Mandal (EBMM) Rich Heritage of Music $ 0.00 Requested Submitted: 9/15/2016 10:41:59 PM (Pacific) Project Contact EBMM Samiti ebmm.samiti@gmail.com Tel: 9254871209 Additional Contacts anitamkant@yahoo.com, ann@nishcorp.com, kiran.gawde.ca@gmail.com, prakash_neha@yahoo.com East Bay Marathi Mandal (EBMM) 3925 Appian Street, Pleasanton, CA 94588 Volunteer Anjali Gandhi ann@nishcorp.com Telephone925-998-7557 Fax Web www.ebmm.org Eligibility Verification 1. Is your organization: 2. Your organization's EIN number: 47-2966325 3. What is your organization's mission? East Bay Marathi Mandal is a progressive, cultural, and communal organization. Mandal's vision is to celebrate, promote and preserve the rich Indian heritage by actively engaging our community. We propagate this vision by organizing cultural and creative art events. Our ultimate goal is create a morally strong traditional legacy which encourages our future generations to work toward fulfilling the Mandal's objectives. 4. Fiscal sponsor organization (must be a 501c3 or government entity): -answer not presented because of the answer to #1- 5. Fiscal sponsor's CEO/Executive Director: -answer not presented because of the answer to #1- 6. Fiscal sponsor's contact person/title: -answer not presented because of the answer to #1- 7. Fiscal sponsor's mailing address: -answer not presented because of the answer to #1- 8. Fiscal sponsor's phone number(s): -answer not presented because of the answer to #1- 9. Fiscal sponsor's email address: -answer not presented because of the answer to #1- 10. Fiscal sponsor's website: -answer not presented because of the answer to #1- 11. Fiscal sponsor's EIN (employer identification number): -answer not presented because of the answer to #1- Some answers will not be presented because they are not part of the selected group of questions based on the answer to #1. ✔✔✔✔ A 501c3 nonprofit organization gfedc Operating under a fiscal sponsor gfedc Neither 8.1.c Packet Pg. 450 At t a c h m e n t : 3 . E a s t B a y M a r a t h i M a n d a l ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 12. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a DOJ background screening (Livescan fingerprinting)? Yes (Minors in audience will always be accompanied by their parents at all EBMM Events.) 13. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a TB test in the past two years? Yes (Minors in audience will always be accompanied by their parents at all EBMM Events.) 14. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors are aware of and understand their responsibilities as Mandated Reporters? Yes (Minors in audience will always be accompanied by their parents at all EBMM Events.) Application Questions About Your Event 1. Event genre: 2. Description of the event: Showcasing Rich Heritage of Indian Classical Music and fusion of Indian and Western music with artists like George Brooks etc. 3. Requested location: 4. First choice date(s): Dec 3rd. 2016 5. Second choice date(s): Dec 4th. 2016 6. Third choice date(s) March 25th, 2017 7. Event type: An active event is one where your guests are participating in the art form (i.e., a workshop or rehearsal). A passive event is one where your guests are primarily viewing the art or performance of others (i.e. an exhibit or concert). 8. How many people can participate in the artistic activity? -answer not presented because of the answer to #7- 9. How many spots are you willing to guarantee for Dublin residents? Some answers will not be presented because they are not part of the selected group of questions based on the answer to #7. gfedc Fine Art gfedc Folk Art gfedc Film/Digital Arts gfedc Dance gfedc Theater ✔✔✔✔ Music gfedc Literary Arts gfedc Cultural Arts gfedc Multidisciplinary/Other ✔✔✔✔ Dublin High School Center for the Performing Arts & Education gfedc Heritage Sunday School Barn gfedc Heritage Old St. Raymond Church gfedc Heritage Little CLassroom gfedc Shannon Center Ambrose Hall gfedc Dublin Senior Center Ballroom gfedc Dublin Senior Center Art Classroom gfedc Dublin Library Community Room gfedc Dublin City Hall Lobby gfedc Active (participatory) ✔✔✔✔ Passive (viewed) 8.1.c Packet Pg. 451 At t a c h m e n t : 3 . E a s t B a y M a r a t h i M a n d a l ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 100 10. What are you charging to participate? N/A 11. What discount or special consideration, if any, are you offering to Dublin residents? Early Bird discount, 10%off the regular ticket price, Group discount for for a group of 10 or more 12. What audience size do you expect? 500 13. What are you charging to attend? $15-$35 14. How many artists or performers do you expect to participate? 5-15 15. List any participating artists or performers who are Dublin residents. Provide name and street address. To Be Decided About Your Goals, Measure of Success 16. Which of these City of Dublin Cultural Arts goals does your program meet? Check all that apply. 17. Describe how your event will meet the City of Dublin Cultural Arts goals and your organizational goals or mission. * Encourage various artists/youths (residents and non-residents of Dublin) to showcase their art forms and provide proper platform for their talent. * Make art programs available to Dublin residents and surrounding community at affordable rates. * Support art programs and keep the culture alive. * Get more audience to beautiful Dublin art venues, attract more community to stay/spend time in Dublin and help Dublin business and community grow. 18. Choose how you will quantitatively measure the success of your program. Check all that apply. You will be asked to provide documentation of the items you choose. 19. What other evidence will you be able to provide afterward to show how successful your event was? You will be asked to provide copies of the items you choose. ✔✔✔✔ Create more art in public places gfedc Advance historical and cultural aspects of Dublin Heritage Park & Museums ✔✔✔✔ Develop programs and partnerships that support a broad spectrum of cultural arts ✔✔✔✔ Provide consistent and ongoing arts education for Dublin's youth gfedc Promote and market Dublin's heritage and cultural arts gfedc Number of artists displaying work gfedc Number of performers in show gfedc Number of students enrolled in program gfedc Number of public creating art ✔✔✔✔ Number of audience members gfedc Number of exhibit guests gfedc Number of artworks displayed gfedc Number of artworks created gfedc Total participant house (participants x length of time participating in the space) gfedc Percentage of participants satisfied or very satisfied, based on a survey gfedc Percentage of participants increasing skill, based on pre- and post-test gfedc Amount of donations received ($) gfedc Amount of ticket sales ($) gfedc Amount of media coverage gfedc Other gfedc Critical reviews ✔✔✔✔ Audience reviews/testimonials ✔✔✔✔ Participant reviews/testimonials ✔✔✔✔ Photos of the event ✔✔✔✔ Video of the event gfedc Performance or exhibit program gfedc Other Event Budget 8.1.c Packet Pg. 452 At t a c h m e n t : 3 . E a s t B a y M a r a t h i M a n d a l ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Funding Sources/Revenues Proposed Event Participant Fees Ticket Sales $ 12,500.00 Concession Sales $ 2,000.00 Cash Donations $ 0.00 In-Kind Donations $ 0.00 Other Grant Funding $ 0.00 Allocation from General Operating Budget $ 1,000.00 Other (please indicate) Total $ 15,500.00 Projected Expenses Proposed Event Office supplies $ 500.00 Marketing/advertising $ 500.00 Other administrative expenses Administrative staff Artistic staff Production staff Guest artists $ 8,000.00 Other personnel $ 0.00 Facility rent $ 2,000.00 Production supplies Equipment $ 1,000.00 Royalties Meals Artist travel/lodging $ 2,000.00 Other production expenses Total $ 14,000.00 Event Budget Narrative None Documents Documents Requested *Required?Attached Documents * Business license General liability insurance or special event insurance Rental Application Additional Questions How do you select your performers and cast? What criteria do they have to meet? (i.e. audition) Yes, auditions are held. Past event video/audio are checked. More information is gained from the class/teacher the young performers are getting trained from, if possible. For an adult, professional performer renowned and popular artist are selected. Have you offered this concert before and if so, how successful was it? This concert will be offered first time in East Bay. The artist has been performing all over the world and all his concerts have been successful and very popular. T You state you offer early bird discounted tickets. Are those for Dublin residents or the general public? Early bird discount can be offered to general public or Dublin residents only. We can be flexible as per Dublin pilots program requirements. What time is the concert and how long will it be? Time allow for a tech (lighting, sound, placement) rehearsal? Total 3 hours actual concert and 2 hours for tech rehearsal = 5 hours Are there a minimum number of presale tickets that need to be sold in order to continue or cancel the concert? We are a non profit organization we are not looking for any profit or gains from any of the programs hence every program needs to sustain itself, and this is a very big program, so Yes we typically have a break even amount that we need to target in order to make a decision if we can continue or cancel a program Please explain the difference between "participant fees" and "ticket sales." Your proposal says you'll collect $12,500 in participant fees. Please explain where these generate from and how you collect them. $12500 is collected from Ticket Sales. (500 seats * $25/per ticket). Typically we do not collect any fees from the participants we pay the participants 8.1.c Packet Pg. 453 At t a c h m e n t : 3 . E a s t B a y M a r a t h i M a n d a l ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Application ID: 64508 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2016 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser * ZoomGrants™ is not responsible for the content of uploaded documents. for performing. Example for the said concert we will pay the artists and his accompanist for performing and that money comes from the ticket sales. How do you plan to market/advertise the concert and to whom? It would be marketed to Indian and Non-Indian people with the help of - EBMM Mailing list EBMM FB page India West Magazine Dublin City website/mailing list, if possible with city's help Radio show Local newspaper/site Who are the guest artists and where are they traveling from? Your proposal states they cost $8,000. The guest artist is a very well know and popular Hindustani Classical singer. He has recently received the highest national honor in India for his singing.The guest artist is a resident of CA and has a music school where he teaches music to young budding artist. $8000 is the fees the artist charges to perform in an event. This fees can vary, its just an estimate. Why wouldn't we calculate participant hours to measure the program's success? Typically participant hours are not part of the program as they are for practice only and they can vary. Does your performance promote any religious affiliation or have any religious aspects? Please explain the program to someone who may not know or understand what "Marathi Mandal" culture is. The performance does not promote any religious affiliation. It is a Indian music and cultural representation which is open to all public. East bay Marathi Mandal is a Indian Cultural organization and our mission is to educate people about the diverse and rich Indian culture. All our programs are open to the general public. 8.1.c Packet Pg. 454 At t a c h m e n t : 3 . E a s t B a y M a r a t h i M a n d a l ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Powered by ZoomGrants™ Email This Preview Save as PDF Print Close Window A▲▼ City of Dublin Heritage & Cultural Arts Arts Space Grant Program 9/15/2016 deadline Futures Explored Filmmaking Class $ 30.00 Requested Submitted: 9/15/2016 9:04:14 PM (Pacific) Project Contact Hester Wagner hesterwagner@futures-explored.org Tel: 916-416-5487 Additional Contacts angeliquegoldberg@futures-explored.org Futures Explored 2021 Las Positas Ct 3147 Livermore, 94551 Executive Director Will Sanford willsanford@futures-explored.org Telephone925-456-0255 Fax Web www.futures-explored.org Eligibility Verification 1. Is your organization: 2. Your organization's EIN number: 94-1567161 3. What is your organization's mission? The mission of Futures Explored, Inc. is to provide life skills and work-related training to adults with developmental disabilities. We support our consumers in reaching their optimum level of individual potential by delivering a broad range of resources and ongoing guidance. The Futures Explored "Film & Media Workshop" is a vocational program that assists individuals with developmental disabilities with learning film production, multimedia development, and supporting role skills for positions which can help lead to employment in the Film and Media Industry. The program objective is to provide hands-on, opportunities for program participants to develop tangible and experiential skills for the film and media industry. 4. Fiscal sponsor organization (must be a 501c3 or government entity): -answer not presented because of the answer to #1- 5. Fiscal sponsor's CEO/Executive Director: -answer not presented because of the answer to #1- 6. Fiscal sponsor's contact person/title: -answer not presented because of the answer to #1- 7. Fiscal sponsor's mailing address: -answer not presented because of the answer to #1- 8. Fiscal sponsor's phone number(s): -answer not presented because of the answer to #1- 9. Fiscal sponsor's email address: -answer not presented because of the answer to #1- 10. Fiscal sponsor's website: -answer not presented because of the answer to #1- Some answers will not be presented because they are not part of the selected group of questions based on the answer to #1. ✔✔✔✔ A 501c3 nonprofit organization gfedc Operating under a fiscal sponsor gfedc Neither 8.1.d Packet Pg. 455 At t a c h m e n t : 4 . F u t u r e s E x p l o r e d A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 11. Fiscal sponsor's EIN (employer identification number): -answer not presented because of the answer to #1- 12. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a DOJ background screening (Livescan fingerprinting)? Yes, As an organization the serves individuals with disabilities, all of our staff must meet these requirements. 13. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors have passed a TB test in the past two years? Yes 14. If your event involves participants who are minors, can you verify that all adults 18 and over who oversee minors are aware of and understand their responsibilities as Mandated Reporters? Yes Application Questions About Your Event 1. Event genre: 2. Description of the event: Introduction to Narrative Filmmaking would be a 10 week course, meeting once a week for 3 hours. It would be aimed at youth ages 14-22 as an after school program between the hours of 4-7. The curriculum, developed by Futures Explored Film and Media Director Hester Wagner, would include an introduction to the process of filmmaking by taking students through the creation of a 2-3 minute film. The ideas for the film would be generated from student interests, but could include elements of community art as it relates to Dublin. Students would be guided through writing, pre-production (wardrobe, props, storyboarding, casting and rehearsal), production (filming) and post- production (editing). Students would identify their interests, but can explore more than one area during the course. The course will be taught be industry professionals alongside interns who are graduates of the Livermore Practical Film and Media Workshop, a vocational training program for adults with developmental disabilities, offered through Futures Explored (www.futures-explored.org). The professional staff have experience in all facets of filmmaking and would run the program, while the interns provide instructional support to students in areas of camera, sound, writing and editing. The classes would be broken down as follows: Weeks 1-2 (Script Development), Weeks 3-5 (Planning and Pre-Production), Weeks 6-7 (Filming), Week 8-10 (Editing). The course would culminate with a community screening on one additional day, with families and invited guests to view the students' work. The videos could also be available to post on the Dublin community websites as needed. Students will each receive a DVD copy of their films upon completion of the course. The course is limited to between 10-15 students and no prior experience is necessary. All equipment will be provided by Futures Explored, and includes professional quality cameras, and editing software. In addition to the course, our crew will document the Behind the Scenes process of the course, and create a video of the course that can be used for marketing and publicity for future courses. 3. Requested location: Some answers will not be presented because they are not part of the selected group of questions based on the answer to #7. gfedc Fine Art gfedc Folk Art ✔✔✔✔ Film/Digital Arts gfedc Dance gfedc Theater gfedc Music gfedc Literary Arts gfedc Cultural Arts gfedc Multidisciplinary/Other gfedc Dublin High School Center for the Performing Arts & Education ✔✔✔✔ Heritage Sunday School Barn gfedc Heritage Old St. Raymond Church gfedc Heritage Little CLassroom gfedc Shannon Center Ambrose Hall gfedc Dublin Senior Center Ballroom gfedc Dublin Senior Center Art Classroom 8.1.d Packet Pg. 456 At t a c h m e n t : 4 . F u t u r e s E x p l o r e d A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 4. First choice date(s): Every Wednesday 4:00-7:00 pm; February 8th-May 10th (Flexible depending on Spring Break) 5. Second choice date(s): Every Thursday 4:00-7:00 pm, February 8th-May11th (Flexible depending on Spring Break) 6. Third choice date(s) Every Monday 4:00-7:00 pm, January 16th-March 20th (flexible depending on Spring Break) 7. Event type: An active event is one where your guests are participating in the art form (i.e., a workshop or rehearsal). A passive event is one where your guests are primarily viewing the art or performance of others (i.e. an exhibit or concert). 8. How many people can participate in the artistic activity? Limit of 15 participants per course 9. How many spots are you willing to guarantee for Dublin residents? -answer not presented because of the answer to #7- 10. What are you charging to participate? $200 residents/$240 non-residents 11. What discount or special consideration, if any, are you offering to Dublin residents? $40 discount for Dublin residents 12. What audience size do you expect? N/A 13. What are you charging to attend? N/A 14. How many artists or performers do you expect to participate? 4-7 as instructors in the course 15. List any participating artists or performers who are Dublin residents. Provide name and street address. As of now we do have any Dublin residents on our staff, however, as we develop the program, we could determine individuals who fit this category. About Your Goals, Measure of Success 16. Which of these City of Dublin Cultural Arts goals does your program meet? Check all that apply. 17. Describe how your event will meet the City of Dublin Cultural Arts goals and your organizational goals or mission. As Futures Explored is dedicated to providing life skills and work-related training to adults with developmental disabilities, this course would give work opportunities to emerging filmmakers through teaching the skills they have learned to the Dublin community. It provides an opportunity for community building between youth and young adults and other artists with disabilities. This will allow community growth and increased understanding of diversity. Additionally, youth are expanding their interests in the Digital Arts as there are more easily accessed resources for filmmaking, editing, etc. through technology. This course provides them tools and skills to explore the art form of film, be creative and have access to this field as they grow towards careers. Filmmaking is also collaborative in nature, so it provides individuals with different learning styles a place where they can be involved and learn the social skills required to create a piece of art together. 18. Choose how you will quantitatively measure the success of your program. Check all that apply. You will be asked to provide documentation of the items you choose. gfedc Dublin Library Community Room gfedc Dublin City Hall Lobby ✔✔✔✔ Active (participatory) gfedc Passive (viewed) ✔✔✔✔ Create more art in public places gfedc Advance historical and cultural aspects of Dublin Heritage Park & Museums ✔✔✔✔ Develop programs and partnerships that support a broad spectrum of cultural arts ✔✔✔✔ Provide consistent and ongoing arts education for Dublin's youth gfedc Promote and market Dublin's heritage and cultural arts gfedc Number of artists displaying work gfedc Number of performers in show ✔✔✔✔ Number of students enrolled in program gfedc Number of public creating art gfedc Number of audience members gfedc Number of exhibit guests gfedc Number of artworks displayed 8.1.d Packet Pg. 457 At t a c h m e n t : 4 . F u t u r e s E x p l o r e d A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) 19. What other evidence will you be able to provide afterward to show how successful your event was? You will be asked to provide copies of the items you choose. gfedc Number of artworks created gfedc Total participant house (participants x length of time participating in the space) ✔✔✔✔ Percentage of participants satisfied or very satisfied, based on a survey ✔✔✔✔ Percentage of participants increasing skill, based on pre- and post-test gfedc Amount of donations received ($) gfedc Amount of ticket sales ($) ✔✔✔✔ Amount of media coverage gfedc Other gfedc Critical reviews gfedc Audience reviews/testimonials ✔✔✔✔ Participant reviews/testimonials ✔✔✔✔ Photos of the event ✔✔✔✔ Video of the event gfedc Performance or exhibit program gfedc Other Event Budget Funding Sources/Revenues Proposed Event Participant Fees $ 3,000.00 Ticket Sales $ 0.00 Concession Sales $ 0.00 Cash Donations $ 0.00 In-Kind Donations $ 0.00 Other Grant Funding $ 0.00 Allocation from General Operating Budget $ 1,500.00 Other (please indicate) $ 0.00 Total $ 4,500.00 Projected Expenses Proposed Event Office supplies $ 100.00 Marketing/advertising $ 100.00 Other administrative expenses $ 50.00 Administrative staff $ 650.00 Artistic staff $ 450.00 Production staff $ 900.00 Guest artists $ 600.00 Other personnel $ 300.00 Facility rent $ 0.00 Production supplies $ 50.00 Equipment $ 750.00 Royalties $ 0.00 Meals $ 0.00 Artist travel/lodging $ 400.00 Other production expenses $ 100.00 Total $ 4,450.00 Event Budget Narrative This course will be taught by industry professionals (Guest Artists and Administrative Staff) working with interns (Artistic Staff and Production Staff) who have completed the Practical Film and Media Workshop. This budget allows us to deliver the program and provide pay to the interns, who will be individuals with developmental disabilities. They are supported through outside funding sources, not included in this budget. The proposed budget provides administrative costs for curriculum development, marketing and publicity materials to both advertise the course, as well as the community screening event to follow the completion of the course. The travel costs are for the crew and teachers to travel from our offices in Livermore to Dublin over the duration of the course. The equipment costs will cover the equipment we include from our workshop, as well as any maintenance costs or additional supplies needed to run the program. Documents Documents Requested *Required?Attached Documents * 8.1.d Packet Pg. 458 At t a c h m e n t : 4 . F u t u r e s E x p l o r e d A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Application ID: 64423 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2016 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser * ZoomGrants™ is not responsible for the content of uploaded documents. Business license General liability insurance or special event insurance Rental Application Additional Questions Please explain your audience and if they are special needs participants, general population or an inclusion class This class would be offered to anyone ages 14-22 who has an interest in filmmaking. A portion of our instructors will be individuals with developmental disabilities who are studying or have completed our vocational training program in Livermore. They will work as writing instructors, camera and editing instructors alongside the students and with the support of professional staff members. The students in the class can be individuals with or without disabilities and it is our hope that it can be an inclusive environment for all as an opportunity to increase community integration in the Dublin and Tri-Valley area.. What is the minimum number of participants needed to offer the class? As this would be our pilot class following this model, it would be necessary to keep the class between 10-15 participants. If the course is able to be offered on an ongoing basis, it could potentially grow to accommodate more participants. How and where are you planning to market to Dublin residents? We have relationships with many schools, including Dublin High School, and would target schools directly with flyers, emails and phone calls letting them know about the course. We also have a publicist who would reach out to the local news and media outlets to place flyers or articles about the opportunity. We have relationships with those at TV30 as well and could look for opportunities to promote through that venue. Additionally, we have a decent local following on social media through Facebook and Twitter. we would welcome any other suggestions on potential ways to market and gain interest in the program. Have you offered this program before? If so, how successful was it? We have offered inclusive film camps in Moraga at St. Mary's for the past 10 years, and have had over 50 campers ages 10-25 each year. These camps have focused more on individuals with autism, but also their peers, and they have been immensely successful. Many of the students who would work as teachers in the class got their start as campers in our summer program. While the structure of this course would be different, the professional designing the course has an MA in Educational Theatre and has designed curricula for many courses and workshops for all ages. Is there a reason why you wouldn't want to count participant hours as a form of measurement? No, that would be an acceptable measure of success. Our thoughts were to focus more on other measures, but attendance would be appropriate as well. Can you do advanced registration for Dublin residents or guarantee spaces for Dublin residents? Yes. Is the screening part of the space grant? If not, why not? Where is the students' final screening? Yes, we were thinking the screening would be part of the grant, but could be on an additional night, not necessarily during the same time as the class. There may need to be some additional time allotted for editing, so we were thinking we could arrange a separate night to invite families and friends to the screening and make it a special event. It could be in the same physical space, although if another one of the venues was a possibility that would be welcomed, we just didn't have a clear way to indicate that in the application. If this was not a possibility, it could be a smaller screening in the same physical space. We would of course wish to make the screening an opportunity to engage the Dublin community in the work of the students in the program, as well as to generate interest for the continuation of the course. 8.1.d Packet Pg. 459 At t a c h m e n t : 4 . F u t u r e s E x p l o r e d A p p l i c a t i o n ( 1 1 9 2 : A r t s S p a c e G r a n t P i l o t P r o g r a m A w a r d s ) Page 1 of 6 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Fiscal Year 2015-16 4th Quarter Financial Review Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will receive a financial report on the fourth quarter of Fiscal Year 2015- 16 and consider amendments to the Fiscal Year 2015-16 Budget and to the General Fund reserve designations. STAFF RECOMMENDATION: Staff recommends that the City Council receive the report, approve the budget change, and confirm General Fund reserve designations as of June 30, 2016. FINANCIAL IMPACT: City Council approval of the budget change and reserve designations will not alter amounts received or spent, but will allow Staff to close the Fiscal Year 2015-16 financial books. Total General Fund reserves are projected at $109.2 million at June 30, 2016, with $32.1 million in the unassigned cash flow reserve, representing 5.5 months of the Fiscal Year 2016-17 Adopted Budget. It should be noted that this is above the target of 4.0 months in cash flow reserve, and the City Council has discretion to make additional reserve designations allowable by the City’s Fund Balance and Reserves Policy. All balances in other funds are in compliance with the Policy. DESCRIPTION: This report transmits the preliminary financial results of the Fiscal Year 2015-16 year- end, focusing on the General Fund, and includes any budget amendments needed to close the books. At this time, the numbers are essentially final, and though adjustments may happen as the audit is finalized, Staff does not expect substantial changes from the numbers in this report. The Comprehensive Annual Financial Report (CAFR), which will be presented to the City Council at its second meeting in December 2016, will contain the final audited results. 8.2 Packet Pg. 460 Page 2 of 6 General Fund Overview General Fund revenues came in at $82.9 million ($7.8 million over budget) in FY 2015- 16, while expenditures totaled $69.0 million ($6.6 million under budget). Transfers from the General Fund to Capital Improvement Project Funds totaled $2.4 million. The resulting impact on total General Fund Reserves was an increase of $11.5 million, as shown in Table 1. Table 1: Total Reserves Total Reserves, Beginning of Year79,577,762 97,706,494 Total Revenue 76,099,263 82,916,416 Total Expenditures (56,577,254) (69,048,878) Total Transfers to CIP Projects(1,393,277) (2,409,006) Total Reserves, End of Year 97,706,494 109,165,025 11,458,531 Change In June 2015, the City Council designated $8.9 million of the estimated year-end surplus to specific Committed Reserves, and confirmed $5.3 million in allocations to Assigned Reserves. These designations, as well as reserve allocations for budget carryovers and for set asides required by accounting rules and/or City policy, have been incorporated into the General Fund Reserve Balances (Attachment 2). In addition, Staff has made the following change, which requires City Council approval: 1. Within the Committed Reserves category, the $1.0 million Affordable Housing Reserve has been shifted to a new reserve called the Economic Development Reserve. This is in response to the City Council discussion during the meeting of June 21, 2016. The City Council’s designation of reserves in June 2016 was based on estimated revenues and expenditures at that time, and since then the City has received final Property Tax, Sales Tax, and Development Revenues accrued to June 30. In addition, the Fiscal Year ended with numerous staffing vacancies either still in place, or having been recently filled. The variance in expenditures is largely due to this factor; other factors include underspending in supplies and services, remaining contingency balances, and contract expenditures that were either closed out during the year or were carried over into the current Fiscal Year. Although the Unassigned Cash Flow Reserve, estimated at $32.1 million (or 5.5 months of the Fiscal Year 2016-17 Adopted Budget), is above the reserve target as provided for in the City Policy; Staff is not recommending any additional allocations from that reserve. There are a number of factors to be considered in the next update to the 10- Year Forecast, including the updated Property and Sales Tax projections, the shift of Development Revenues sooner than was anticipated, the inclusion of personnel costs at a fully-staffed level, and the possible expansion of police services to the community. These will all impact the Forecast; and while the most recent projection showed a deficit 8.2 Packet Pg. 461 Page 3 of 6 by Fiscal Year 2020-21, the City will need to examine how surpluses now can be best utilized to bridge funding gaps over the long term. The following is a discussion of the major factors in budgetary variances (+/- $250,000) that occurred in Fiscal Year 2015-16. The General Fund Summary (Attachment 1) presents this data by major category. Revenue Property Tax: $684,855 higher than budget. Property taxes came in strong again in Fiscal Year 2015-16 due to an increase in assessed valuation (AV) by $1.5 billion (13.3%) over the prior year, which was the largest percentage growth in Alameda County, followed by Emeryville’s (11.7%) and Oakland’s (8.7%) growth. A total of 575 properties changed hands in Dublin from January to June 2015, with an increase in value of 38.9%, or $138.5 million in AV, and the median home price, at $737,000, is the highest in the City’s 15-year reporting period. Dublin has also continued to see home values previously reduced under Prop 8 reassessed at their full market value, with a fraction of such homes in the City remaining to be restored. Development Revenue: $1,183.395 higher than budget. Development Permits includes all permits associated with new development (primarily building permits), as well as tenant improvements on current structures. Development Services includes fees for City services provided, most typically Zoning and Plan Checking services. The overall increase in these revenue streams is related to development activity that had b een originally anticipated to occur over the course of the next few fiscal years. As a reminder, because there is a lag between the receipt of revenue and the expense of related funds to provide the services, the City continues to maintain a Service Continuity Reserve to ensure that there are future funds to cover expenditures when development activity slows. Other Taxes: $1,698,016 higher than budget. Property Transfer Tax came in $450,025 higher, linked to increased home sales and AV; high hotel occupancy and room rates brought Transient Occupancy Tax revenue in $525,219 over budget; and Garbage franchise fee revenue came in $497,152 above budget due to expanded services and the incorporation of the annual rate adjustment. Interest: $2,471,787 higher than budget. Interest earnings nearly doubled in Fiscal Year 2015-16, coming in $596,056 over budget, due to the continued economic recovery and the portfolio of investments being managed by Chandler Asset Management . Accounting Staff have also booked an adjustment of $1,869,627 in fair market value, which is the amount the City would realize if it were to sell off its investments as of June 30, 2016. Because this is not “real” revenue, that amount is set aside in a reserve for unrealized gains/losses, according to accounting rules. Charges for Services: $1,319,817 higher than budget. The City received $493,220 in revenue above the budgeted amount in reimbursement for services provided by 8.2 Packet Pg. 462 Page 4 of 6 Alameda County Fire Services at the Santa Rita Jail. Additionally, Parks and Community Services revenue for the sports programs, family programs and recreational activities outperformed budget estimates by a combined $565,451. Community Benefit Payments: $251,678 lower than budget. This is due to the timing of payments made via certain development agreements. Expenditures Salaries and Wages: $1,128,384 lower than budget. The decrease was primarily a result of vacancies that occurred throughout the course of the Fiscal Year, combined with unused contingency funds for projected merit increases. Benefits: $901,999 lower than budget. In correlation with the underspending in Salaries and Wages, the vacancies in FY 2015-16 also resulted in spending less than budgeted funds in Benefits. Services and Supplies: $666,073 lower than budget. This underspending occurred across departments in a variety of specific budget line items, including printing and binding, repairs and maintenance, travel and meetings, and operating supplies, with much of this attributable to staff vacancies. Utilities: $377,106 lower than budget. There were clear savings in the budgets for both potable and recycled water, pointing to the City’s conservation efforts over the last Fiscal Year. Contracted Services: $2,075,589 lower than budget. The net savings is primarily due to several departments not fully utilizing open contracts related to ongoing consulting or other professional services, and to a budget savings of $408,000 for Fire Services, as personnel contingencies are built in that were not used in the Fiscal Year. However, a budget adjustment (included in Attachment 3) is needed to cover an increase in Police Services costs related to the contract not entirely covering the pay periods billed in the Fiscal Year. Staff has worked with the Alameda County Sheriff’s Office to ensure that future contracts correct for the differing number of pay periods in a given year. Capital Outlay: $1,002,147 lower than budget. This variance is due to funds being budgeted for multiple small-scale projects or office equipment purchases in the Non- Building Improvements category that were not spent in Fiscal Year 2015-16. One such budget was for the purchase of automated license plate readers, which was carried over into the current Fiscal Year. Interest & Other: $427,088 lower than budget. This savings resulted from not using Non-Departmental budgeted contingency funds. 8.2 Packet Pg. 463 Page 5 of 6 Transfers Out for Capital Improvement Projects The General Fund transferred out $2.4 million in FY 2015-16 for capital project expenditures, the largest of which was the $2.0 million seed funding for the Information Technology (IT) Fund, in accordance with initiatives identified in the IT Master Plan of 2015, which include upgrading the City’s existing IT infrastructure (servers and backups) and ensuring high speed connectivity to all City facilities. General Fund Reserve Balances After transfers out to CIP projects, total reserves increased $11.5 million in FY 2015-16. It is important to look not only at how total reserves changes over the year, but how the addition or use of reserves gets shifted and allocated across the reserve categories, as allowed by the Funds Balance and Reserves Policy. Total Change to Reserves Table 2 summarizes how the $11.5 million in new reserves is allocated among reserve categories. Some of the reserve shifts occur for accounting purposes or are dictated by the Fund Balance and Reserves Policy, while the other shifts are based on City Council approval and/or Staff recommendation. Attachment 2 provides the detail of these allocations. Table 2: Summary of Reserve Changes Reserve Change Amount Non-Spendable - Accounting Adj(757,993) Restricted - Accounting Adj 79,000 Committed - Additions to Reserves8,906,626 Committed - Spending of Reserves(8,509,049) Assigned - Additions to Reserves8,209,789 Assigned - Spending of Reserves(5,031,358) Unassigned - Addition to Cash Flow8,561,517 Total 11,458,532 In summary, the City experienced another budget surplus in Fiscal Year 2015-16, which is an indicator or the health of the local economy as well as conservative City budgeting practices. Such surpluses have allowed the City not only to continue to provide a high level of community service and maintain top-notch facilities, but to shore up reserves against future liabilities. As Staff maintains its focus on the long-term fiscal health of the City’s General Fund, it becomes increasingly important to consider current surpluses in light of the future projected deficit, as Dublin transitions from a developing City to a maintenance City. With that in mind, Staff will be updating the current budget as well as the 10-Year forecast using the information in this report, and will look to the City Council to provide direction on any additional considerations it would like to see represented in future budget discussions. 8.2 Packet Pg. 464 Page 6 of 6 As a final note, Attachment 3 lists the budget adjustments needing City Council approval to close the books on Fiscal Year 2015-16. The three General Fund adjustments have already been incorporated in the numbers presented in this report; adjustments in other funds are administrative in nature. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. FY 2015-16 General Fund Summary 2. General Fund Reserves Summary Attach 3 Budget Change Form 8.2 Packet Pg. 465 GENERAL FUND SUMMARY Attachment 1 FY 2015-16 QUARTER 4 Actual 2014-15 Adopted 2015-16 Amended 2015-16 Actual 2015-16 $ Change from Amended % Change from Amended $ Change from Prior Year % Change from Prior Year Revenues Property Taxes 29,437,951 31,786,036 32,913,746 33,598,601 684,855 2%4,160,650 14% Sales Taxes 18,571,057 20,236,439 20,736,439 20,938,826 202,387 1%2,367,769 13% Development Revenue 10,513,835 6,867,199 9,379,568 10,562,963 1,183,395 13%49,128 0% Other Taxes 6,159,654 4,908,000 4,908,000 6,606,016 1,698,016 35%446,362 7% Licenses & Permits 297,639 281,955 281,955 310,286 28,331 10%12,647 4% Fines & Penalties 124,529 109,932 109,932 116,016 6,084 6%(8,513) -7% Interest 550,264 466,191 466,191 2,937,978 2,471,787 530%2,387,714 434% Rentals and Leases 1,001,581 943,073 943,073 1,114,747 171,674 18%113,166 11% Intergovernmental 483,300 198,620 198,620 324,075 125,455 63%(159,225) -33% Charges for Services 5,552,762 3,874,347 4,077,147 5,396,964 1,319,817 32%(155,798) -3% Community Benefit Payments 2,964,899 675,678 675,678 424,000 (251,678) -37%(2,540,899) -86% Other Revenue 441,791 358,417 423,285 585,944 162,659 38%144,153 33% Total Revenues 76,099,262 70,705,887 75,113,634 82,916,416 7,802,782 10%6,817,154 9% Expenditures Salaries & Wages 9,465,819 10,535,746 10,565,810 9,437,426 (1,128,384) -11%(28,392) 0% Benefits 4,395,043 5,074,484 5,074,484 4,172,485 (901,999) -18%(222,558) -5% Services & Supplies 1,584,944 2,641,339 2,541,531 1,875,458 (666,073) -26%290,514 18% Internal Service Fund Charges 1,763,226 2,584,258 2,637,371 2,637,354 (17) 0%874,128 50% Utilities 1,724,116 2,100,310 2,100,310 1,723,204 (377,106) -18%(912) 0% Contracted Services 37,400,528 39,397,142 41,945,062 39,869,473 (2,075,589) -5%2,468,945 7% Capital Outlay 174,314 329,250 1,135,624 133,477 (1,002,147) -88%(40,837) -23% Interest & Other 69,264 717,756 427,088 - (427,088) -100%(69,264) -100% Contribution to OPEB/PERS 150,000 9,200,000 9,200,000 9,200,000 Total Expenditures 56,577,252 63,530,285 75,627,280 69,048,878 (6,578,402) -9%12,471,626 22% Operating Impact 19,522,010 7,175,602 (513,646) 13,867,538 Transfers Out (1,393,277) (8,366,292) (12,709,496) (2,409,006) Impact on Total Reserves 18,128,733 (1,190,690) (13,223,142) 11,458,531 8.2.a Packet Pg. 466 At t a c h m e n t : 1 . F Y 2 0 1 5 - 1 6 G e n e r a l F u n d S u m m a r y ( 1 1 6 4 : F i s c a l Y e a r 2 0 1 5 - 1 6 4 t h Q u a r t e r F i n a n c i a l R e v i e w ) Attachment 2 GENERAL FUND RESERVES FY 2015-16 4TH QUARTER Reserve Balances Actual 2014-15 Increase 2015-16 Decrease 2015-16 NET CHANGE Actual 2015-16 Description of Change Non-Spendable 1,475,691 579 (758,572) (757,993) 717,698 Prepaid Expenses 27,080 - 27,080 Cemetery Endowment 60,000 - 60,000 Advance to Public Facility Fees - - - Advance to Fire Impact Fee 470,606 579 (390,513) (389,933) 80,672 Addition of interest; pay down of advance Advance to PERS Side Fund 918,005 (368,059) (368,059) 549,946 Pay down of advance Restricted 500,000 79,000 - 79,000 579,000 Heritage Park Maintenance 500,000 - 500,000 Developer Contr - Nature Pk - 60,000 60,000 60,000 To account for specific contribution to CIP project Developer Contr - Heritage Pk - 19,000 19,000 19,000 To account for specific donation received Committed 38,531,179 8,906,626 (8,509,049) 397,577 38,928,756 Economic Stability 6,000,000 2,000,000 2,000,000 8,000,000 Increased in support of fiscal sustainability initiative Downtown Public Impr 1,000,000 - 1,000,000 Affordable Housing 1,000,000 (1,000,000) (1,000,000) - Transferred to new Economic Development Reserve Economic Development 1,000,000 1,000,000 1,000,000 Transferred from Affordable Housing Reserve Emergency Communications 741,000 - 741,000 Fire Svcs OPEB 9,196,000 2,008,000 (8,200,000) (6,192,000) 3,004,000 To equal valuation, plus 1 yr amortized payment of unfunded liability Innovations & New Opport 1,372,785 750,000 750,000 2,122,785 Increased funding; approx $500k to be used for PD technology Jt City / School Projects 46,015 (46,015) (46,015) - To close out project One-Time Initiative 1,341,408 - 1,341,408 Specific Committed Reserves - - Emerald Glen Aquatic Complex 3,000,000 - 3,000,000 Decreased for project expenses Maintenance Facility 250,023 (34,922) (34,922) 215,101 Decreased for project expenses Cemetery Expansion 5,272,210 - 5,272,210 Fallon Sports Park 2,000,000 - 2,000,000 Civic Ctr Expansion 136,737 (108,964) (108,964) 27,773 Decreased for project expenses Storm Drain Capture 400,000 178,436 (31,558) 146,878 546,878 Decreased for project expenses Shannon Center Parking Lot 775,000 300,000 (87,590) 212,410 987,410 Decreased for project expenses Utility Undergrounding - 1,170,190 1,170,190 1,170,190 City Council-approved funding Advance to Public Facility Fee 6,000,000 - 6,000,000 Dublin Sports Ground - 2,500,000 2,500,000 2,500,000 For future renovation of Dublin Sports grounds Assigned 35,875,264 8,209,789 (5,031,358) 3,178,431 39,053,695 Accrued Leave 953,251 35,457 35,457 988,708 To account for the value of earned employee leave Operating Carryovers 866,562 1,612,658 (866,562) 746,096 1,612,658 To carry over specific operating budgets CIP Carryovers 1,133,753 1,227,829 (1,133,753) 94,076 1,227,829 To carry over CIP project budgets Non-Streets CIP Commitments 3,132,016 747,500 747,500 3,879,516 CC-approved designation in June 2016 Catastrophic Loss 10,608,186 760,345 760,345 11,368,531 To equal 15% book value of buildings Service Continuity 2,771,500 228,500 228,500 3,000,000 To fund future 18-month lag for slowdown of development Pension & OPEB 9,866,853 1,747,500 (1,000,000) 747,500 10,614,353 CC-approved designation in June 2016, decrease for payment Fiscally Responsible Adj 325,000 - 325,000 Municipal Regional Permit 2,250,000 (25,000) (25,000) 2,225,000 Decreased for project expenses HVAC Replacement - 1,000,000 1,000,000 1,000,000 In addition to $1.2 million available in Building Replacement Fund Relocate Parks Dept - 250,000 250,000 250,000 Upon completion of the new Public Safety Complex Specific Assigned Reserves - Civic Ctr Renovation-Police 1,968,143 (6,043) (6,043) 1,962,100 Decreased for project expenses Contribution to ISF 2,000,000 (2,000,000) (2,000,000) - Decreased for transfer out to IT Fund Fire Equipment Replacement - 600,000 600,000 600,000 To fund Fire SCBA and radio equipment per contract Unassigned 21,324,361 14,298,979 (5,737,463) 8,561,517 29,885,877 Unassigned-Unrealized Gains (242,263) (1,955,091) (1,955,091) (2,197,354) Unassigned (Available)21,566,623 32,083,231 5.5 months of FY 16-17 Budget TOTAL RESERVES 97,706,494 31,494,974 (20,036,442) 11,458,532 109,165,026 8.2.b Packet Pg. 467 At t a c h m e n t : 2 . G e n e r a l F u n d R e s e r v e s S u m m a r y ( 1 1 6 4 : F i s c a l Y e a r 2 0 1 5 - 1 6 4 t h Q u a r t e r F i n a n c i a l Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Reason for Adjustment 1001.2405.52101 $49,300 1001.2701.64014 $45,400 1001.2102.64021 $547,220 2106.2801.63202 $3,550 2903.5501.64011 $2,897 6305.1905.72102 $15,000 1005.0000.49151 ($251,000) 2204.0000.42101 ($320,000) 2205.0000.42101 ($110,000) 2801.0000.49161 $270,000 2901.0000.49161 $1,000,000 4101.0000.49161 (Comm. Park Land)$193,000 4103.0000.49161 (Comm. Park Improve.)$1,600,000 4104.0000.49161 (Neighbor. Park Improve.)$320,000 4105.0000.49161 (Comm. Buildings)$1,170,000 4106.0000.49161 (Comm. Library)$330,000 4108.0000.49161 (Aquatic Ctr.)$170,000 CITY OF DUBLIN FISCAL YEAR 2015-16 BUDGET CHANGE FORM EXP: General Fund - DRFA - Pension EXP: General Fund - Animal Services - Contract Services (Animal Shelter) EXP: General Fund - Police Services - Contract Personnel City Council's Approval Required EXP: CDBG Fund - Human Services - Community Grant EXP: ISF Fund - Non - Dept - ISF Equipment PERS pension unfunded liability for Dougherty Regional Fire Authority Increased in animal shelter and field services costs Additional pay period, budget for 26 pay periods only and actual is 27 pay periods REV: General Fund - Community Benefit PMT REV: Public Art Fund - Developer Contribution REV: Affordable Housing Fund - Developer Contribution Additional ISF equipment replacements EXP: Traffic Safety Fund - Traffic Signals - Electric Slightly higher than anticipated electric costs due to additional traffic signals Additional CDBG fund available to be carried over to FY 16-17 for Section 108 Loan REV: Measure B Local Street Fund - Sales & Use Tax Accounted for in Measure BB Fund 2214 REV: Measure B Bike & Ped Fund - Sales & Use Tax Accounted for in Measure BB Fund 2215 Positano project advanced project timeline, CBP collected in FY14-15 Public art in-lieu fee payment from developers instead of installing public art BJP-ROF purchase of 15 Affordable Unit Credit from the City and delay of Tassajara Highlands payment of its affordable housing in- lieu fee Developer paid in-lieu fee instead of applying parkland credit More building permits issued than anticipated due to advance timeline of development projects REV: Public Facilities Fee C:\Users\colleent\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5E4CEASC\20_Q4 FY16 Budget Adjustments 20_Q4 FY16 Budget Adjustments 8.2.c Packet Pg. 468 At t a c h m e n t : A t t a c h 3 B u d g e t C h a n g e F o r m ( 1 1 6 4 : F i s c a l Y e a r 2 0 1 5 - 1 6 4 t h Q u a r t e r F i n a n c i a l R e v i e w ) Budget Change Reference #: FISCAL YEAR 2015-16 BUDGET CHANGE FORM City Council's Approval Required 4110.0000.49161 (Comm. Nature Pk Land)$35,000 4111.0000.49161 (Comm. Nature Pk Improve.)$245,000 4107.0000.49161 (Civic Ctr.)$1,700,000 4301.0000.49161 (EDTIF1)$450,000 4302.0000.49161 (EDTIF2)$195,000 4304.0000.49161 (Downtown TIF)$115,000 4305.0000.49161 (Dougherty Valley TIF)$550,000 4306.0000.49161 (Tri-valley Trans. Fee)$210,000 4401.0000.49151 (Comm. Benefit PMT)$15,000,000 11/1/2016 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** First Community Benefit Payment for the Dublin Crossing project More building permits issued than anticipated due to advance timeline of development projects REV: Dublin Crossing Fund REV: Traffic Impact Fees More building permits issued than anticipated due to advance timeline of development projects Advance payment of Dublin Crossing 1600 units C:\Users\colleent\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5E4CEASC\20_Q4 FY16 Budget Adjustments 20_Q4 FY16 Budget Adjustments 8.2.c Packet Pg. 469 At t a c h m e n t : A t t a c h 3 B u d g e t C h a n g e F o r m ( 1 1 6 4 : F i s c a l Y e a r 2 0 1 5 - 1 6 4 t h Q u a r t e r F i n a n c i a l R e v i e w ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 1, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Formation of an Ad Hoc Fiscal Sustainability Task Force Prepared by: Jay Baksa, Financial Analyst EXECUTIVE SUMMARY: The City Council will consider formation of an Ad Hoc Fiscal Sustainability Task Force comprised of appointed community members by the Mayor and the City Council. STAFF RECOMMENDATION: Staff recommends that the City Council consider the formation of an Ad Hoc Fiscal Sustainability Task Force and provide related direction to Staff. FINANCIAL IMPACT: The cost to administer the Ad Hoc Fiscal Sustainability Task Force can be accommodated within the Fiscal Year 2016-17 Adopted Budget. DESCRIPTION: Over the past two years, the City Council has reviewed the City’s 10-Year Forecast, most recently with the adoption of the Fiscal Year 2016-17 Budget. The projections from June 2016 showed a General Fund deficit by Fiscal Year 2020-21 of $0.9 million, growing to $7.4 million by Fiscal Year 2024-25. Since then Staff has finalized year-end numbers for Fiscal Year 2015-16, which included a higher-than-anticipated operating budget surplus. This was primarily due to growth in property tax, sales tax, and development revenues, but also to citywide staffing vacancies and underspending across departments. Though the inclusion of these numbers will likely push the deficit out one or two years, it does not alleviate the structural nature of the deficit – that is, at current service levels and with the incorporation of new facilities and community services, and as the City transitions from a developing city to a maintenance city, ongoing expenditures will outpace ongoing revenues. 8.3 Packet Pg. 470 Page 2 of 3 Over the last year, the City has continued to work on specific action items that support the City Council’s initiative of Fiscal Sustainability. Staff has also been evaluating other tools that agencies have used to proactively address fiscal challenges, and how to best engage and inform the community in the process. One option is the formation of a dedicated committee, or task force, made up of representative community members, that would review the forecast numbers and ultimately produce an advisory report that includes recommendations for future consideration by the City Council. This has been a useful approach for other agencies, and often results in a more transparent, informative budget process. As such, Staff recommends that the City Council consider the formation of an Ad Hoc Fiscal Sustainability Task Force, with the following components: Task Force Goals To educate the public and foster discussion on the City of Dublin’s current and projected financial status. To produce an advisory document with future budget options for the City Council to consider. Structure  Limited term of one year.  Bi-monthly meetings beginning in January 2017.  Final advisory report to be presented to the City Council in January 2018 (tentatively), for consideration of any related budget items to be included in the Fiscal Year 2017-18 Budget. Selection of Task Force Members  Seven Task Force members and two alternates, appointed by the Mayor: − Five members recommended by the City Council (one recommendation from each City Councilmember). − Four members (two regular members and two alternates) recommended by City Staff.  Eligibility offered to any Dublin resident or Dublin business owner.  The City would solicit applications for the Task Force through the City Clerk’s Office, with information provided on the City’s website. Proposed Schedule  November 2, 2016 – Applications posted on City website  November 18, 2016 – Applications due to City Clerk  December 6, 2016 – Appointments made at City Council meeting Staffing and Facilitation  The committee will be supported by Staff from the Administrative Services Department and the City Manager’s Office. Staff from other departments will also present to the Committee a review of their respective departments.  Staff recommends the use of a third party facilitator to guide the meetings. Upon City Council approval of the Task Force concept, Staff will reach out to an appropriate consultant for this service. 8.3 Packet Pg. 471 Page 3 of 3 If the City Council approves the formation of the Task Force and provides direction on its structure, Staff will post an advertisement and application form on the City website. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 8.3 Packet Pg. 472 1574.txt None. Page 1 8.3.a Packet Pg. 473 At t a c h m e n t : N o n e . ( 1 1 9 8 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e )