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HomeMy WebLinkAbout*October 18, 2022 Regular City Council Meeting PacketCOUNCILMEMBERS Melissa Hernandez, Mayor Jean Josey, Vice Mayor Shawn Kumagai, Councilmember Dr. Sherry Hu, Councilmember Michael McCorriston, Councilmember CELEBRATING YEARS 1982 — 2022 DUBLIN CALIFORNIA Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, October 18, 2022 City Council Chamber Dublin Civic Center 100 Civic Plaza Dublin, CA 94568 www.dublin.ca.gov Location: City Council Chamber 100 Civic Plaza Dublin, CA 94568 CLOSED SESSION 6:30 PM REGULAR MEETING 7:00 PM Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public. Additional Meeting Procedures Available During the COVID-19 Pandemic This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City's website at: https://dublin.ca.gov/ccmeetings Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures: • Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, October 18, 2022. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period ends, or until the public comment period on non -agenda items is closed. • Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform. • When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. October 18, 2022 Dublin City Council Regular Meeting Agenda 1 CLOSED SESSION 6:30 PM I. Conference with Legal Counsel —Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 cases. REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Pledge of Allegiance will be led by the Dublin 4-H Club. 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1 Presentation of the Hindu American Awareness and Appreciation Month and Diwali Proclamations The City Council will present the Hindu American Awareness and Appreciation Month and Diwali Proclamations. STAFF RECOMMENDATION: Present the proclamations. Staff Report Attachment 1 - Hindu American Awareness and Appreciation Month Attachment 2 - Diwali Proclamation 3.2 Employee Introductions New City of Dublin Staff members, Laurie Rith-Chan, Administrative Technician with the Human Resources Division, and Raelyn Miranda, Administrative Aide, with Dublin Police Services, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. Staff Report 3.3 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk's Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non -controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. October 18, 2022 Dublin City Council Regular Meeting Agenda 2 4.1 Approval of the September 20, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the September 20, 2022 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 20, 2022 Regular City Council Meeting. Staff Report Attachment 1 - September 20, 2022 Regular City Council Meeting Minutes 4.2 Amendments to the Master Fee Schedule The City Council will consider amending the Master Fee Schedule to eliminate the fundraising fee for Dublin -based non-profit facility rentals. STAFF RECOMMENDATION: Adopt the Resolution Amending the Master Fee Schedule to Eliminate the Fundraising Fee for Dublin -Based Non -Profit Facility Rentals. Staff Report Attachment 1- Resolution Amending the Master Fee Schedule to Eliminate the Fundraising Fee for Dublin -Based Non -Profit Facility Rentals Attachment 2 - Exhibit A to the Resolution - Amendments to the Master Fee Schedule (in strikethrough form) 4.3 Approval of Memorandum of Understanding with Tri-Valley Cities for Joint Tri-Valley Cities Legislative Advocacy Services The City Council will consider approving a Memorandum of Understanding with the Cities of Livermore, Pleasanton, San Ramon, and the Town of Danville in order to retain legislative advocacy services to implement the Tri-Valley Cities Legislative Framework. Advocacy services will assist the agencies in building consensus and employing a united approach in supporting solutions that will serve the residents and businesses of the region. STAFF RECOMMENDATION: Adopt the Resolution Approving the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services. Staff Report Attachment 1- Resolution Approving the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services Attachment 2 - Exhibit A to the Resolution - Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services Attachment 3 - Professional Services Agreement with Townsend Public Affairs, Inc. in the amount not to exceed $750,000 for a five-year term Attachment 4 - Tri-Valley Cities Legislative Framework. 4.4 Acceptance of Office of Traffic Safety Grant for the Selective Traffic Enforcement Program The City Council will consider accepting a traffic safety grant for Dublin Police Services in relation to the City's participation in the Selective Traffic Enforcement Program. This grant program supports best practices and strategies to address crashes involving alcohol and other primary collision factors. October 18, 2022 Dublin City Council Regular Meeting Agenda 3 STAFF RECOMMENDATION: Adopt the Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant Agreement. Staff Report Attachment 1- Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant Agreement Attachment 2 - Exhibit A to the Resolution - OTS STEP Grant Agreement 4.5 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-I9 Cases From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October 2021, the City returned to in -person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing, if the City Council makes certain required findings. From January 11 - February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days. STAFF RECOMMENDATION: Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361. Staff Report Attachment 1- Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361 4.6 Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code At the June 7, 2022 meeting, the City Council directed Staff to review the City's Conflict of Interest Code and make a determination if there is a need to update the Code. Staff conducted a review of the Code and determined that several positions should be added or deleted. The City Council will consider introducing an ordinance to update the list of designated positions that must file a Statement of Economic Interests (Form 700). STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code, and direct Staff to file the 2022 Local Agency Biennial Notice. Staff Report Attachment 1- Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code October 18, 2022 Dublin City Council Regular Meeting Agenda 4 4 Attachment 2 - 2022 Local Agency Biennial Notice 4.7 Consulting Services Agreement with Reach Enterprises for Loyalty Rewards Business Recovery Project The City Council will consider approving a Consulting Services Agreement between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc. for a Loyalty Rewards Business Recovery Project. Staff Report Attachment 1- Resolution Approving a Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc. for a Loyalty Rewards Business Recovery Project Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project 4.8 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from September 1, 2022 - September 30, 2022 totaling $6,182,554.45. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Payment Issuance Report for September 2022 4.9 Updates to the Human Services Grants Program The City Council will consider modifications to the Human Services Grants Program guidelines and allocation process, as recommended by the Human Services Commission. STAFF RECOMMENDATION: Receive the report and approve the program modifications. Staff Report Attachment 1- Human Services Grants Program Guiding Principles Attachment 2 - Revised Human Services Grants Rating Sheet 4.10 Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance The City Council will consider approval of an agreement with Storm Water Inspection & Maintenance Services Inc. (SWIMS) to provide trash capture device maintenance services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services. Staff Report Attachment 1- Resolution Approving an Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services October 18, 2022 Dublin City Council Regular Meeting Agenda 5 5 Attachment 3 - August 12, 2022 Request for Proposals for Trash Capture Device Maintenance Services 4.1 1 City Proclamations for the Months of November and December The City Council will consider the following proclamations for the months of November and December in the City of Dublin: Native American Heritage Month, Family Caregivers Month, Diabetes Awareness Month, Entrepreneurship Month, Critical Infrastructure Security and Resilience Month, College Application Month, Alzheimer's Disease Awareness Month, Adoption Month, Veterans and Families Month, United Against Hate Week, American History and Founders Month, Small Business Saturday, and Impaired Driving Month. STAFF RECOMMENDATION: Approve the proclamations. Staff Report - City Proclamations for the Months of November and December Attachment 1- Native American Heritage Month Proclamation Attachment 2 - Family Caregivers Month Proclamation Attachment 3 - Diabetes Awareness Month Proclamation Attachment 4 - Entrepreneurship Month Proclamation Attachment 5 - Critical Infrastructure Security and Resilience Month Proclamation Attachment 6 - College Application Month Proclamation Attachment 7 - Alzheimer's Disease Awareness Month Proclamation Attachment 8 - Adoption Month Proclamation Attachment 9 - Veterans and Military Families Month Proclamation Attachment 10 - United Against Hate Week Proclamation Attachment 11 - United Against Hate Week Poster Attachment 12 - American History and Founders Month Proclamation Attachment 13 - Small Business Saturday Proclamation Attachment 14 - Impaired Driving Month Proclamation 4.12 Fiscal Year 2021-22 4th Quarter Financial Review and Additional Special Designation of General Fund Reserves The City Council will receive a financial report on the fourth quarter of Fiscal Year 2021- 22 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2021-22 and confirm additional General Fund reserve designations as of June 30, 2022. Staff Report Attachment 1- Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2021-22 Attachment 2 - General Fund Summary Q4 FY 2021-22 Attachment 3 - General Fund Reserves Summary Q4 FY 2021-22 4.13 Amendment to Legal Services Agreement with Meyers Nave Meyers Nave has requested that the City Council consider amending its legal services agreement with the City to increase the hourly rate for general legal services, labor and employment advice services, and reimbursable third -party services. October 18, 2022 Dublin City Council Regular Meeting Agenda 6 STAFF RECOMMENDATION: Approve and authorize the Mayor to execute the Third Amendment to the Amended and Restated Agreement for Legal Services. Staff Report Attachment 1- Amended and Restated Agreement for Legal Services Attachment 2 - First Amendment to Agreement for Legal Services Attachment 3 - Second Amendment to Agreement for Legal Services Attachment 4 - Proposed Third Amendment to Agreement for Legal Services 5. WRITTEN COMMUNICATION — None. 6. PUBLIC HEARING 6.1 Nissan Commercial Car Wash (PLPA-2022-00003) The Applicant, Dosanjh Real Estate, LLC, is requesting approval of a commercial self- service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking spaces and related site improvements. The application includes an amendment to Planned Development Zoning Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit. The City Council will consider the proposed Nissan Commercial Car Wash project and a determination that the project impacts are covered by the Kaiser Dublin Medical Center Environmental Impact Report and no further environmental review is required. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and: 1) waive the reading and INTRODUCE the Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03- 19 for Kaiser Commercial; and 2) adopt the Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project. Staff Report Attachment 1- Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial Attachment 2 - Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project Attachment 3 - Exhibit A to the Resolution - Project Plans Attachment 4 - Noise Assessment Study Attachment 5 - Traffic Analysis Attachment 6 - Photo Simulations Attachment 7 - Planning Commission Resolution No 22-12 Item 6.1- PowerPoint Presentation 7. UNFINISHED BUSINESS 7.1 Downtown Dublin Update The City Council will receive a presentation on updates to the Downtown Dublin Preferred Vision. STAFF RECOMMENDATION: Receive the presentation. Staff Report October 18, 2022 Dublin City Council Regular Meeting Agenda 7 8. NEW BUSINESS — None. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). I0. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability - related modification or accommodation, please contact the City Clerk's Office (925) 833-6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. October 18, 2022 Dublin City Council Regular Meeting Agenda 8 8 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 3.1 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B,ECT : Presentation of the Hindu American Awareness and Appreciation Month and Diwali Proclamations Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will present the Hindu American Awareness and Appreciation Month and Diwali proclamations. STAFF RECOMMENDATION: Present the proclamations. FINANCIAL IMPACT: None. DESCRIPTION: Hindu American Awareness and Appreciation Month Hindu American Awareness and Appreciation Month is celebrated annually in the month of October, the month of Mahatma Gandhi's birth and a time when major Hindu holidays such as Navaratri and Diwali are celebrated. This month marks a global movement highlighting Hinduism as a tradition and recognizing the contributions Hinduism has made to society. Diwali October 24, 2022 will mark the celebration of Diwali or Deepvali. Diwali, recognized in autumn each year by Hindus, Sikhs, Jains, Buddhist, and others around the world, is celebrated by lighting the Diya, or oil lamp, which symbolizes dispelling darkness and bringing light into life with traditional offerings, rituals, and festivals. Diwali is a festival of lights that includes many traditions such as gathering with friends and family for community prayer, exchanging gifts, setting off fireworks, and decorating houses with colorful rangolis. Diwali is also the Hindu New Page 1 of 2 9 Year, and it is celebrated on the last day of the last month in the lunar calendar. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Hindu American Awareness and Appreciation Month Proclamation 2) Diwali Proclamation Page 2 of 2 10 Attachment I A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA "Hindu American Awareness and Appreciation Month" WHEREAS, the City of Dublin and the nation have been influenced by the extraordinary cultural and ethnic linguistic and religious diversity of its residents; and WHEREAS, there is an estimated one billion Hindus worldwide, and approximately 1.4 million Hindu Americans live across the nation; and WHEREAS, Hindu Americans in the City of Dublin represent diverse ethnic backgrounds, including individuals of Indian, Pakistani, Bangladeshi, Malaysian, Indonesian, Afghan, Nepali, Bhutanese, Sri Lankan, Fijian, Caribbean, and European descent; and WHEREAS, the City of Dublin and our nation have greatly benefited from Hindu Americans, especially through the Vendanta philosophy, Ayurvedic medicine, classical Indian art, dance, music, meditation, yoga, literature, and community service; and WHEREAS, the year 2022 marks the 129th anniversary of when Hinduism was officially introduced to the United States by Swami Vivekanda at the 1893 World's Parliament of Religions in Chicago, IL, and the 122nd anniversary of when he founded the Vendanta Society in San Francisco, California in 1900; and WHEREAS, Hindu Americans promote the ideals of tolerance, pluralism, and religious freedom, which are inherent to their beliefs and respect the diversity of all faiths, and the Vedas, the 5,000-year-old texts of Hindu Americans, provide the basis for these core principles: "Truth is one, the wise call it by many names (Ekam sat viprah bahudha vadanti); and WHEREAS, our diversity is one of our greatest strengths, and the City of Dublin joins with all those around the world celebrating Hindu Americans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby proclaim October 2022 as `Hindu American Awareness and Appreciation Month" in the City of Dublin. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 11 Attachment 2 A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA "Diwali — October 24, 2022" WHEREAS, the City of Dublin, along with the nation, has been influenced by the extraordinary cultural, ethnic, linguistic, and religious diversity of its residents; and WHEREAS, Diwali or Deepavali, is celebrated in autumn of each year by Hindus, Sikhs, Jains, Buddhist, and others throughout the Bay Area and the World; and WHEREAS, Diwali is celebrated by lighting the Diya or oil lamp, which symbolizes dispelling darkness and bringing light into life with traditional offerings, rituals, and festivals; and WHEREAS, Diwali is also the Hindu New Year, and it is celebrated on the last day of the last month in the lunar calendar; and WHEREAS, for Hindus, Diwali is a celebration of good triumphing over evil, and light prevailing over darkness; and WHEREAS, Hindu Americans in the City of Dublin represent diverse ethnic backgrounds, including individuals of Indian, Pakistani, Bangladeshi, Malaysian, Indonesian, Afghan, Nepali, Bhutanese, Sri Lankan, Fijian, Caribbean, and European descent; and WHEREAS, our diversity is one of our greatest strengths, and Dublin joins with all those around the world celebrating Diwali. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby proclaim October 24, 2022 as "Diwali" in the City of Dublin and encourages citizens to recognize the contributions of all Hindu, Sikhs, Jains, and Buddhists in all aspects of our vibrant economy and civic society. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 12 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 3.2 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Employee Introductions Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY: New City of Dublin Staff members, Laurie Rith-Chan, Administrative Technician with the Human Resources Division, and Raelyn Miranda, Administrative Aide with Dublin Police Services, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff members, Laurie Rith-Chan, Administrative Technician with the Human Resources Division, and Raelyn Miranda, Administrative Aide with Dublin Police Services, will be introduced. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. Page 1 of 1 13 CELEBRATING 4111 1982 - 2022 DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 4.1 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU ELECT: Approval of the September 20, 2022 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the September 20, 2022 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 20, 2022 Regular City Council Meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the September 20, 2022 Regular City Council Meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) September 20, 2022 Regular City Council Meeting Minutes Page 1 of 1 14 CELEBRATING DUBLIN CALIFORNIA MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: September 20, 2022 Attachment I The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City's website at: https://dublin.ca.gov/ccmeetings CLOSED SESSION 6:30 PM I. CONFERENCE W ITH LABOR NEGOTIATORS Agency Designated Representatives: Mayor Hernandez and Councilmember Hu Unrepresented Employee: City Attorney REGULAR MEETING 7:00 PM A Regular Meeting of the Dublin City Council was held on Tuesday, September 20, 2022, in the City Council Chamber. The meeting was called to order at 7:08 PM, by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE Attendee Name Status Melissa Hernandez, Mayor Present Jean Josey, Vice Mayor Present Shawn Kumagai, Councilmember Present Michael McCorriston, Councilmember Present Dr. Sherry Hu, Councilmember Present 2) REPORT ON CLOSED SESSION Mayor Hernandez reported there was no reportable action out of Closed Session. 3) ORAL COMMUNICATIONS 3.1) Introduction of Dublin Police Services Behavioral Health Unit Supervisor ,bhn Beard and Associate Therapist Anne Ologbosele Behavioral Health Unit Supervisor John Beard and Associate Therapist Anne Ologbosele, who began working with Dublin Police Services on July 5, 2022, were introduced to the City Council. 3.2) Employee Introductions DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 20, 2022 15 New City of Dublin Staff members, Felicia Escover with the Economic Development Department, Tony Lam and Liz Rivera with the Parks and Community Services Department, and Linda Ajello with the Community Development Department, were introduced. 3.3) Public Comment Marti Sutton provided public comment. Jennifer Lininger provided public comment. 4) CONSENT CALENDAR 4.1) Approved the September 6, 2022 Regular City Council Meeting Minutes. 4.2) Adopted Resolution No. 109-22 titled, "Amending the Benefit Plan," Resolution No. 110- 22 titled, "Amending the Classification Plan," Resolution No. 111-22 titled, "Amending the Salary Plan for Full- Time Personnel," Resolution No. 112-22 titled, "Amending the City of Dublin Position Allocation Plan for Fiscal Year 2022-23," and approved the budget change. 4.3) Adopted Resolution No. 113-22 titled, "Approving an Amendment to the Agreement with Goodwin Consulting Group, Inc." 4.4) Approved the following proclamations for the month of October in the City of Dublin: Walk and Roll to School, Fire Prevention Week, Red Ribbon Week, Bullying Prevention Month & Unity Day, Energy Action Month, Breast Cancer Awareness Month, Domestic Violence Awareness Month, Youth Justice Action Month, Disability Employment Awareness Month, Cybersecurity Awareness Month, Arts and Humanities Month, Global Diversity Awareness Month, Children's Environmental Health Month, Manufacturing Day, and Substance Abuse Prevention Month. 4.5) Adopted Resolution No. 114-22 titled, "Authorizing the City Manager to Approve Contract Change Orders with Suarez and Munoz Construction, Inc. for the Fallon Sports Park - Phase 3 Project, CIP No. PK0119. " This item was pulled from the Consent Calendar by Vice Mayor Josey to ask clarifying questions. 4.6) Received a report of payments issued from July 1, 2022 - August 31, 2022 totaling $25,865,698.89. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 20, 2022 16 On a motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote, the City Council adopted the Consent Calendar items, except item 4.5. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Jean Josey, Vice Mayor SECOND: Shawn Kumagai, Councilmember AYES: Hernandez, Josey, Kumagai, McCorriston, Hu On a motion by Mayor Hernandez, seconded by Vice Mayor Josey, and by unanimous vote, the City Council adopted Consent Calendar item 4.5. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Melissa Hernandez, Mayor SECOND: Jean Josey, Vice Mayor AYES: Hernandez, Josey, Kumagai, McCorriston, Hu 5) WRITTEN COMMUNICATION - None. 6) PUBLIC HEARING -None. 7) UNFINISHED BUSINESS 7.1) Approval of Plans and Specifications, Award of Contract to Strawn Construction, Inc., and Approval of a Budget Change for the Cultural Arts Center Project, CIP No. G I0120 The City Council received a presentation on the 13,000-square-foot Cultural Arts Center on the first floor of the Civic Center and renovation of the second -floor office space for the Parks and Community Services Department. On a motion by Councilmember McCorriston, seconded by Vice Mayor Josey, and by unanimous vote, the City Council adopted Resolution No. 115-22 titled, "Approving the Plans and Specifications and Awarding a Contract to Strawn Construction, Inc. for the Cultural Arts Center Project, CIP No. GI0120," and approved the budget change. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Michael McCorriston, Councilmember SECOND: Jean Josey, Vice Mayor AYES: Hernandez, Josey, Kumagai, McCorriston, Hu 8) NEW BUSINESS DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 20, 2022 17 8.1) Consideration of a Resolution Authorizing the Issuance of Special Tax Bonds for and on behalf of the City of Dublin Community Facilities District N o. 2015-1 (Dublin Crossing), Improvement Area No. 4 and Approving Form of and Execution of Related Documents The City Council received a presentation regarding the fourth phase of special tax bond financing for Community Facilities District No. 2015-1 (Dublin Crossing) and the use of the bond sale proceeds to finance authorized public capital facilities and public capital facility impact fees. On a motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by unanimous vote, the City Council adopted Resolution No. 116-22 titled, "Authorizing The Issuance Of Special Tax Bonds For And On Behalf Of The City Of Dublin Community Facilities District No. 2015-1 (Dublin Crossing), Improvement Area No. 4; Approving The Form And Authorizing The Execution Of A Fiscal Agent Agreement, A Purchase Contract And A Continuing Disclosure Certificate And Authorizing The Sale And Delivery Of Special Tax Bonds Pursuant To Said Purchase Contract; Approving The Form And Delivery Of A Preliminary Official Statement And The Preparation And Distribution Of A Final Official Statement To Be Derived From The Preliminary Official Statement; And Approving Execution And Delivery Of Other Documents And Taking Of Actions As Necessary To Implement The Issuance, Sale And Delivery Of The Bonds." RESULT: ADOPTED [UNANIMOUS] MOVED BY: Shawn Kumagai, Councilmember SECOND: Michael McCorriston, Councilmember AYES: Hernandez, Josey, Kumagai, McCorriston, Hu 8.2) Review of City Proclamations and Process The City Council received a report regarding the Official List of Proclamations and the proclamation process. The City Council directed Staff to proceed with the updated process for handling proclamations and include an annual adoption of the Official List of Proclamations. On a motion by Councilmember Hu, seconded by Councilmember Kumagai, and by unanimous vote, the City Council adopted the updated Official List of Proclamations as amended to include the Lunar New Year. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Dr. Sherry Hu, Councilmember SECOND: Shawn Kumagai, Councilmember AYES: Hernandez, Josey, Kumagai, McCorriston, Hu DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 20, 2022 18 9) OTHER BUSINESS The City Council and Staff provided brief information -only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10) ADJOURNMENT Mayor Hernandez adjourned the meeting at 8:47 p.m. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 20, 2022 19 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.2 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Amendment to the Master Fee Schedule Prepared by: Jackie Dwyer, Director of Parks and Community Services EXECUTIVE SUMMARY: The City Council will consider amending the Master Fee Schedule to eliminate the fundraising fee for Dublin -based non-profit facility rentals. STAFF RECOMMENDATION: Adopt the Resolution Amending the Master Fee Schedule to Eliminate the Fundraising Fee for Dublin -Based Non -Profit Facility Rentals. FINANCIAL IMPACT: The financial impact will be nominal. Historical data indicates elimination of the fundraising fee will result in annual lost revenue of approximately $5,000. DESCRIPTION: On June 7, 2022, the City Council requested that Staff provide a report regarding the impact of charging non-profit fees versus fundraising fees for Dublin -based non-profit organizations that rent City facilities to conduct fundraising activities. The report was provided at the September 6, 2022 City Council Meeting. After the report and discussion, the City Council instructed Staff to eliminate the fundraising fee for Dublin -based non- profits and update the Master Fee Schedule. This means that non-profit rentals will simply be assessed the existing non-profit rental rate, regardless of the type of use. The proposed amendment to the Master Fee Schedule will eliminate the following fees (stricken through below): Page 1 of 5 20 # Item / Service Description / Unit Fees through 6/30/22 Fee Effective 7/1/22 Civic Center Rental FR2 Public Agencies, Dublin Chamber Usc for the $68 $71 Commerce, Dublin based of Charitable Social Welfare purpose of fundraising / Pcr Hour and Organizations, Homeowners Associations, Sports Leagues and Heritage Park & Museums Facility Rental FR7 Public Agencies, Dublin Chamber of Uscd for thc $45 $47 Commerce, Dublin based Charitable Social Wclfarc Organizations, purposc of fundraising / Pcr Hour and Homeowners Associations and Youth Sports Leagues Heritage Park & Museums Facility Rental — St. Raymond Church Outdoor Patio RP3 Public Agencies, Dublin Chamber Uscd for thc N/A $45 of Commerce, Dublin based Charitable Social Wclfarc Organizations, purposc of fundraising / Pcr hour and Homeowners Associations, and Youth Sports L agues Heritage Park & Museums Facility Rental — Kolb Sunday School Barn FR13 Public Agencies, Dublin Chamber of Usc for thc $76 9 Commerce, Dublin based Charitable Social Wclfarc Organizations, purposc of f„nlr^;s;„R o^r u^„r and Homeowners Associations and Youth Sports L agues Heritage Park & Museums Facility Rental — Lawn Area FR19 Public Agencies, Dublin Chamber of Usc for thc $57 �,r59 Commerce, Dublin based Charitable Social Wclfarc Organizations, purposc of f„nlr^;s;„R o^r u^„r and Homeowners Associations and Youth Sports L agues Library Community Room FR23 Public Agencies, Dublin Chamber Usc for the of $68 $71 of Commerce, Dublin based Charitable Social Wclfarc Organizations, purpose fundraising / Pcr Hour and Homeowners Associations, and Sports L agues Senior Center Facility Rental Page 2 of 5 21 FR27 Public Agencies, Dublin Chamber Use for the of 9 45 of Commerce, Dublin based Charitable Social Wclfarc Organizations, purpose fundraising / Pcr Hour and Homeowners Associations, and Sports L agues Senior Center Facility Rental — Classroom A FR36 Public Agencies, Dublin Chamber Usc for the of $23 $21 of Commerce, Dublin based Charitable Social Wclfarc Organizations, purpose fundraising / Pcr Hour and Homeowners Associations, and Sports L agues Senior Center Facility Rental — Classroom B FR40 Public Agencies, Dublin Chamber Usc for the purpose of fundraising / Pcr Hour $23 $21 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Senior Center Facility Rental — Classroom C/D FR44 Public Agencies, Dublin Chamber Usc for the of $23 $21 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, purpose fui i / Per Ho ur Homeowners Associations, �T ndrz and Sports Leagues Senior Center Facility Rental — Meeting Room FR48 Public Agencies, Dublin Chamber Usc for the purpose of fundraising / Pcr Hour $13 $17 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Shannon Center Facility Rental FR53 Public Agencies, Dublin Chamber of Usc for the purpose of f1e lr isie o r u ,,r 8 �6 Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports Leagues Shannon Center Facility Rental — Outdoor Patio FR58 Public Agencies, Dublin Chamber Usc for the � $92 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, purpose of f1e �r i�ie / o r u ,,r Homeowners Associations, and Sports Leagues Page 3 of 5 22 Shannon Center Facility Rental — Multipurpose Room FR67 Public Agencies, Dublin Chamber of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Use for the purpose of $53 $55 Shannon Center Facility Rental — Classroom FR72 Public Agencies, Dublin Chamber of Commerce, Dublin based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports L agues Usc for the purpose of fundrz i i / Pcr Chair rariumT $23 $21 Park Picnic Area Rentals PR1 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 200) $100/4 hours $25 each add'I hour Usc for thc Purpose of Fundraising $226/4 hours $57 ach add'I hour $100/4 hours $25 each add'I hour Usc for thc Purpose of Fundraising $226/4 hours $57 ach add'I hour PR2 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 96) $48/4 hours $12 each add'I hour Usc for thc Purpose of Fundraising $108/4 hours $27 ach add'I hour $48/4 hours $12 each add'I hour Usc for thc Purpose of Fundraising $108/4 hours $27 ach add'I hour PR3 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 80) $44/4 hours $11 each add'I hour Usc for thc Purpose of Fundraising $85/4 hours $21 ach add'I hour $44/4 hours $11 each add'I hour Usc for thc Purpose of Fundraising $85/4 hours $21 ach add'I hour PR4 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 64) $32/4 hours $8 each add'I hour Use for the Purpose of Fundraising $73/4 hours $18 ach add'I hour $32/4 hours $8 each add'I hour Use for the Purpose of Fundraising $73/4 hours $18 ach add'I hour PR5 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 56) $28/4 hours $7 each add'I hour Usc for thc Purpose of Fundraising $64/4 hours $16 ach add'l hour $28/4 hours $7 each add'I hour Usc for thc Purpose of Fundraising $64/4 hours $16 ach add'l hour Page 4 of 5 23 PR6 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 48) $24/4 hours $6 each add'I hour Uc for thc Purpose of Fundraising $54/ 4 hours $14 each add'I hour $24/4 hours $6 each add'I hour U c for thc Purpose of Fundraising $54/ 4 hours $14 each add'I hour PR7 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic - Area (seats 36) $18/4 hours $5 each add'I hour Uc for thc Purpose of Fundraising $41/4 hour:, $10 each add'I hour $18/4 hours $5 each add'I hour U c for thc Purpose of Fundraising $41/4 hour:, $10 each add'I hour PR8 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 24) $12/4 hours $3 each add'I hour Usc for thc Purpose of Fundraising $28/4 hour:, $7 each add'I hour $12/4 hours $3 each add'I hour Usc for thc Purpose of Fundraising $28/4 hours $7 each add'I hour PR9 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 18) N/A $12/4 hours $3 each add'I hour U c for thc Purpose of Fundraising $24/4 hours $6 ach add'I hour Emerald Glen Amphitheater AM2 Public Agencies, Dublin Chamber of Commerce, Dublin based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Usc for thc purpose of fundraising / Per Hour $47-0 $490 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Amending the Master Fee Schedule to Eliminate the Fundraising Fee for Dublin - Based Non -Profit Facility Rentals 2) Exhibit A to the Resolution - Amendments to the Master Fee Schedule (in strikethrough form) Page 5 of 5 24 Attachment I RESOLUTION NO. XX — 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE MASTER FEE SCHEDULE TO ELIMINATE THE FUNDRAISING FEE FOR DUBLIN-BASED NON-PROFIT FACILITY RENTALS WHEREAS, on June 7, 2022, the Dublin City Council adopted Resolution No. 83-22, adopting an annual update to the Master Fee Schedule for services provided to the City, effective July 1, 2022; and WHEREAS, included in the Master Fee Schedule is a Fundraising Fee for Dublin -based non-profit organizations when renting City facilities; and WHEREAS, on September 6, 2022, the City Council received a report on facility usage and fees associated with Dublin -based non-profit organizations and instructed Staff to eliminate the Fundraising Fee for such groups when renting City facilities for fundraising purposes; those groups will instead be charged the non-profit rental rate. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby amend the Master Fee Schedule as shown in Exhibit A to eliminate the Fundraising Fee for Dublin - based non-profit organizations to rent City facilities. PASSED, APPROVED AND ADOPTED this 18th day of October 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 25 Attachment 2 Exhibit A to the Resolution Master Fee Schedule Amendments - October 18, 2022 Strikethrouhs are eliminated # Item / Service Description / Unit Fees through 6/30/22 Fee Effective 7/1/22 Civic Center Rental FR2 Public Agencies, Dublin Chamber Use for the of $68 $71 of Commerce, Dublin based Charitable Social Welfare purpose fundraising / Pcr Hour and Organizations, Homeowners Associations, Sports L and agues Heritage Park & Museums Facility Rental FR7 Public Agencies, Dublin Chamber Used for the purpose of fundraising / Pcr Hour $45 41-7 of Commerce, Dublin based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports L agues Heritage Park & Museums Facility Rental — St. Raymond Church Outdoor Patio RP3 Public Agencies, Dublin Chamber Used for the of N/A $45 of Commerce, Dublin based Charitable and Social Welfare Organizations, purpose fundraising / Pcr hour Homeowners Associations, and Youth Sports L agues Heritage Park & Museums Facility Rental — Kolb Sunday School Barn FR13 Public Agencies, Dublin Chamber Usc for the purpose of fundr / Pcr He $76 6-7-3 of Commerce, Dublin based Charitable Social Welfare Organizations, and Homeowners Associations and Youth Sports L agues Heritage Park & Museums Facility Rental — Lawn Area FR19 Public Agencies, Dublin Chamber Usc for the purpose of f„R-EIr^,S,„rt / p^Y^„r $57 $,,-5-9 of Commerce, Dublin based Charitable Social Welfare Organizations, and Homeowners Associations and Youth Sports L agues Library Community Room FR23 Public Agencies, Dublin Chamber of Usc for the $48 $71 Commerce, Dublin based Charitable Social Welfare Organizations, purpose of fundraising / Pcr Hour and Homeowners Associations, and Sports Leagues Senior Center Facility Rental Page 1 of 4 26 FR27 Public Agencies, Dublin Chamber Use for the of 9 45 of Commerce, Dublin based Charitable Social Wclfarc Organizations, purpose fundraising / Pcr Hour and Homeowners Associations, and Sports L agues Senior Center Facility Rental — Classroom A FR36 Public Agencies, Dublin Chamber Usc for the of $23 $21 of Commerce, Dublin based Charitable Social Wclfarc Organizations, purpose fundraising / Pcr Hour and Homeowners Associations, and Sports L agues Senior Center Facility Rental — Classroom B FR40 Public Agencies, Dublin Chamber Usc for the purpose of fundraising / Pcr Hour $23 $21 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Senior Center Facility Rental — Classroom C/D FR44 Public Agencies, Dublin Chamber Usc for the of $23 $21 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, purpose fui i / Der Chair Homeowners Associations, ndrz �T and Sports Leagues Senior Center Facility Rental — Meeting Room FR48 Public Agencies, Dublin Chamber Usc for the purpose of fundraising / Pcr Hour $13 $17 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Shannon Center Facility Rental FR53 Public Agencies, Dublin Chamber of Usc for the purpose of f„n lr isin o r u ,,r 8 �6 Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports Leagues Shannon Center Facility Rental — Outdoor Patio FR58 Public Agencies, Dublin Chamber Usc for the � $92 of Commerce, Dublin based Charitable and Social Wclfarc Organizations, purpose of f„n �r i�i� / o r u ,,r Homeowners Associations, and Sports Leagues Shannon Center Facility Rental — Multipurpose Room Page 2 of 4 27 FR67 Public Agencies, Dublin Chamber of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Use for the purpose of fun Jr Per Ho $53 $55 Shannon Center Facility Rental — Classroom FR72 Public Agencies, Dublin Chamber of Commerce, Dublin based Charitable and Social Wclfarc Organizations, Homeowners Associations, and Sports L agues Usc for the purpose of fundr-ii i / Pcr Chair rariumT $23 $2/1 Park Picnic Area Rentals PR1 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 200) $100/4 hours $25 each add'I hour Usc for thc Purpose of Fundraising $226/4 hours $57 ach add'I hour $100/4 hours $25 each add'I hour Usc for thc Purpose of Fundraising $226/4 hours $57 ach add'I hour PR2 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 96) $48/4 hours $12 each add'I hour Usc for thc Purpose of Fundraising $108/4 hours $27 ach add'I hour $48/4 hours $12 each add'I hour Usc for thc Purpose of Fundraising $108/4 hours $27 ach add'I hour PR3 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 80) $44/4 hours $11 each add'I hour Usc for thc Purpose of Fundraising $85/4 hours $21 ach add'I hour $44/4 hours $11 each add'I hour Usc for thc Purpose of Fundraising $85/4 hours $21 ach add'I hour PR4 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 64) $32/4 hours $8 each add'I hour Use for the Purpose of Fundraising $73/4 hours $18 ach add'I hour $32/4 hours $8 each add'I hour Use for the Purpose of Fundraising $73/4 hours $18 ach add'I hour PR5 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 56) $28/4 hours $7 each add'I hour Usc for thc Purpose of Fundraising $64/4 hours $16 ach add'I hour $28/4 hours $7 each add'I hour Usc for thc Purpose of Fundraising $64/4 hours $16 ach add'I hour Page 3 of 4 28 PR6 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 48) $24/4 hours $6 each add'I hour Uc for thc Purpose of Fundraising $54/ 4 hours $14 each add'I hour $24/4 hours $6 each add'I hour U c for thc Purpose of Fundraising $54/ 4 hours $14 each add'I hour PR7 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic - Area (seats 36) $18/4 hours $5 each add'I hour Uc for thc Purpose of Fundraising $41/4 hour:, $10 each add'I hour $18/4 hours $5 each add'I hour U c for thc Purpose of Fundraising $41/4 hour:, $10 each add'I hour PR8 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 24) $12/4 hours $3 each add'I hour Usc for thc Purpose of Fundraising $28/4 hour:, $7 each add'I hour $12/4 hours $3 each add'I hour Usc for thc Purpose of Fundraising $28/4 hours $7 each add'I hour PR9 Public Agencies, Dublin Chamber of Commerce, Dublin -based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Picnic Area (seats 18) N/A $12/4 hours $3 each add'I hour U c for thc Purpose of Fundraising $24/4 hours $6 ach add'I hour Emerald Glen Amphitheater AM2 Public Agencies, Dublin Chamber of Commerce, Dublin based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Usc for thc purpose of fundraising / Per Hour $47-0 $490 Page 4 of 4 29 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.3 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Approval of Memorandum of Understanding with Tri-Valley Cities for Joint Tri-Valley Cities Legislative Advocacy Services Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving a Memorandum of Understanding with the Cities of Livermore, Pleasanton, San Ramon, and the Town of Danville in order to retain legislative advocacy services to implement the Tri-Valley Cities Legislative Framework. Advocacy services will assist the agencies in building consensus and employing a united approach in supporting solutions that will serve the residents and businesses of the region. STAFF RECOMMENDATION: Adopt the Resolution Approving the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services. FINANCIAL IMPACT: The Professional Services Agreement with Townsend Public Affairs, Inc. is for a five-year term beginning in September 2022 and shall not exceed $750,000. The City of Dublin's share of this cost will not exceed $30,000 annually, or $150,000 over the life of the agreement. The City of Pleasanton has agreed to be the fiduciary agent and initiate the Professional Services Agreement for legislative advocacy services firm and subsequently bill each City and Town their portion of the expense as outlined in the Memorandum of Understanding. Sufficient funds are included for this purpose in the Fiscal Year 2022-23 General Fund Budget. Page 1 of 2 30 DESCRIPTION: Since 2007, the Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville have joined together to work on federal legislative issues and for this purpose initially retained the legislative advocacy services firm Jordan & Associates. The expenses for the services were equally shared. In 2017, the Tri-Valley Cities (TVC) adopted a Legislative Framework with a strategic focus at four levels: federal, state, regional and local. This was a shift in strategic focus and the TVC determined that a Request for Proposals and Qualifications (RFP/Q) would be prepared to solicit legislative advocacy services. Through that process Townsend Public Affairs was selected to provide advocacy services for the TVC. An RFP for legislative advocacy services for the TVC was conducted in August 2022 through which Townsend was again selected for a professional service agreement with a five-year term (Attachment 3) to implement the TVC Legislative Framework (Attachment 4). Staff is seeking City Council approval of the Memorandum of Understanding that outlines the responsibilities of all parties and affirms the agreement to retain Townsend for legislative advocacy services (Attachment 2). STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri- Valley Cities Legislative Advocacy Services 2) Exhibit A to the Resolution - Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri- Valley Cities Legislative Advocacy Services 3) Professional Services Agreement with Townsend Public Affairs, Inc. in the amount not to exceed $750,000 for a five-year term 4) Tri-Valley Cities Legislative Framework Page 2 of 2 31 Attachment I RESOLUTION NO. XX — 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PLEASANTON AND THE TOWN OF DANVILLE, CITY OF DUBLIN, CITY OF LIVERMORE, AND CITY OF SAN RAMON FOR JOINT TRI-VALLEY CITIES LEGISLATIVE ADVOCACY SERVICES WHEREAS, The Tri-Valley Cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon (Tri-Valley Cities) have joined together since 2007 to advocate regarding federal issues and legislation on behalf of the Tri-Valley region and have jointly contracted with a legislative advocacy firm, equally sharing costs to assist in these efforts; and WHEREAS, The Tri-Valley Cities desire to continue their collaborative efforts under a their Legislative Framework that will focus on advocacy efforts regarding issues and legislation on federal, state, regional, and local levels and to equally share costs of an advocacy firm to assist in these efforts; and WHEREAS, The Tri-Valley Cities, through a formal Request for Proposals, selected Townsend Public Affairs to serve as their advocacy firm and propose to enter into a five-year agreement, as described in the accompanying Staff Report to this Resolution; and WHEREAS, The Tri-Valley Cities desire to enter into a Memorandum of Understanding (MOU), attached to this Resolution as Exhibit A, to clarify the responsibilities of all parties in regards to Legislative Advocacy Services; and WHEREAS, the MOU outlines responsibilities of all parties and affirms the agreement to retain Townsend Public Affairs, Inc., to provide legislative advocacy services. The MOU further outlines financial responsibility of each City/Town and specifies a rotating schedule of responsibilities for the Tri-Valley Cities and Town; and WHEREAS, the City's share of this cost shall not exceed $150,000 over the five-year term of the MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approve the Memorandum of Understanding Between the City of Pleasanton and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon for Joint Tri-Valley Cities Legislative Advocacy Services. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the agreements, attached hereto as Exhibit A, and make any necessary, non - substantive changes to carry out the intent of this Resolution. Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 32 PASSED, APPROVED AND ADOPTED this 18th day of October 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 33 Attachment 2 EXHIBIT A TO THE RESOLUTION MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PLEASANTON AND THE TOWN OF DANVILLE, CITY OF DUBLIN, CITY OF LIVERMORE, AND CITY OF SAN RAMON FOR JOINT TRI-VALLEY CITIES LEGISLATIVE ADVOCACY SERVICES This Memorandum of Understanding (MOU) is entered into as of October 1, 2022, between the City of Pleasanton, and the Town of Danville, City of Dublin, City of Livermore, and City of San Ramon (collectively referred to as the Tri-Valley Cities). RECITALS a. The Tri-Valley Cities of Danville, Dublin, Livermore, Pleasanton and San Ramon have joined together since 2007 to advocate regarding federal issues and legislation on behalf of the Tri-Valley region and have jointly contracted with a legislative advocacy firm, equally sharing costs to assist in these efforts. b. The Tri-Valley Cities of Danville, Dublin, Livermore, Pleasanton and San Ramon desire to continue their collaborative efforts under a new Legislative Framework that will focus on advocacy efforts regarding issues and legislation on Federal, State, Regional, and Local levels and continue to equally share costs of an advocacy firm to assist in these efforts. c. The Tri-Valley Cities of Danville, Dublin, Livermore, Pleasanton and San Ramon desire to enter into this MOU to clarify the responsibilities of all parties in regards to Legislative Advocacy Services. d. The term on this agreement is from October 1, 2022 through September 30, 2027. NOW, THEREFORE, in consideration of the promises herein, the parties agree as follows: 1. The Tri-Valley Cities agree to retain Townsend Public Affairs (Consultant) as the firm to provide Legislative Advocacy Services. 2. The City of Pleasanton is the fiduciary agent and entered an agreement with the Consultant for a term of five (5) years (October 1, 2022 to September 30, 2027). The Agreement amount will not exceed $150,000 annually. 3. Any amendments to the contract term, amount, or scope of work will be discussed and agreed upon by all Tri-Valley Cities. No party will authorize the Consultant to exceed the contracted costs without the consent of all Tri-Valley Cities. 1 34 Attachment 2 EXHIBIT A TO THE RESOLUTION 4. The Tri-Valley Cities agree to equally share the costs of Legislative Advocacy Services $30,000 each annually. 5. The City of Pleasanton will bill each of the Tri-Valley Cities for the expenses related to the Service Agreement as follows: October 2022 $30,000 (12 months of Service Agreement) October 2023 $30,000 (12 months of Service Agreement) October 2024 $30,000 (12 months of Service Agreement) October 2025 $30,000 (12 months of Service Agreement) October 2026 $30,000 (12 months of Service Agreement) The Tri-Valley Cities agree to pay the City of Pleasanton within 30 days of receiving an invoice from the City. 6. In the event that the contract is terminated, or the City of Pleasanton no longer wishes to serve as the fiduciary agent, all unspent funds will be returned, in equal portions to each of the Tri-Valley Cities. 7. Should any of the Cities or Town engage the Consultant to initiate a specific task unique to their organization, the financial obligation and project management for that specific task will be the sole responsibility of that agency and will not be covered under this MOU or the Service Agreement with Consultant. 8. Project management for the Tri-Valley Cities Legislative Advocacy work will be rotated annually. The scheduled rotation is as follows: July 2022 to June 2023 — Town of Danville July 2023 to June 2024 — City of Dublin July 2024 to June 2025 — City of Livermore July 2025 to June 2026 — City of Pleasanton July 2026 to June 2027 — City of San Ramon THIS AGREEMENT executed the date and year first above written. TOWN OF DANVILLE CITY OF DUBLIN Joseph A. Calabrigo, Town Manager Linda Smith, City Manager CITY OF LIVERMORE CITY OF PLEASANTON Marianna Marysheva, City Manager Gerry Beaudin, City Manager 2 35 Attachment 2 EXHIBIT A TO THE RESOLUTION CITY OF SAN RAMON Joseph Gorton, City Manager APPROVED AS TO FORM: ATTEST: Daniel G. Sodergren, City Attorney Jocelyn Kwong, City Clerk 3 36 Attachment 3 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into this 1 day of October 2019, between the CITY OF PLEASANTON, a municipal corporation ("City"), and Townsend Public Affairs, a corporation whose address is 1401 Dove Street, Suite 330, Newport Beach, California 92660 and telephone number is 510.835.9050, ("Consultant"). RECITALS A. Consultant is qualified to and experienced in providing, Legislative Advocacy Services for the purposes specified in this Agreement. B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows: 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A. 2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A. 3. Terms. This contract shall commence on the date written above and shall expire on September 30, 2027. 4. Compensation. City shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A. The payments shall be made on a monthly basis upon receipt and approval of Consultant's invoice. Total compensation for services and reimbursement for costs shall not exceed $750,000. a. Invoices submitted to City must contain a brief description of work performed, time used and City reference number. Payment shall be made within thirty (30) days of receipt of Consultant's invoice and approved by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work 11Page 37 performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City. 5. Sufficiency of Consultant's Work. All reports, drawings, designs, plan review comments and work product shall be adequate and sufficient to meet the purposes for which they are prepared. 6. Ownership of Work. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by CONSULTANT in the performance of this Agreement shall become the property of the CITY. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. 7. Changes. City may request changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement. 8. Consultant's Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City. 9. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received. 10. Non -Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors. 11. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the 2IPage 38 period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. 12. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the following minimum insurance coverage, or such greater or broader coverage if available in Consultant's policies, with insures with an A.M. Best's rating of no less than A:VII: a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $1,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss. b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $1,000,000 per person/per occurrence. c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer's Liability Insurance with limits of at least $1,000,000. c. Professional Liability Insurance. Professional liability insurance in the amount of $1,000,000. d. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies. 3 'Page 39 e. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents. f. Defense Costs. Coverage shall be provided on a "pay on behalf of" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. g. Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds. 13. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows: To Consultant:Christopher Townsend Townsend Public Affairs 1401 Dove Street, Suite 330 Newport Beach , CA 92660 To City: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 15. Licenses, Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. 16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. 17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions. 18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant's 4IPage 40 services under this Agreement. If such an interest arises, Consultant will immediately notify the City. 19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. 20. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County. 21. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant. 22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 23. Scope of Agreement. This writing constitutes the entire Agreement between the parties. Any modification to the Agreement shall be in writing and signed by both parties. THIS AGREEMENT executed the date and year first above written. CITY OF PLEASANTON CONSULTANT By: Its: Gerry Beaudin, City Manager ATTEST: Jocelyn Kwong, City Clerk APPROVED AS TO FORM: Daniel G. Sodergren, City Attorney 5IPage 41 EXHIBIT A COSTS AND SCOPE OF SERVICES LEGISLATIVE ADVOCACY SERVICES FOR TRI-VALLEY CITIES October 1, 2022 to September 30, 2027 Contract Cost: Annual Cost of agreement will be $150,000. Cost will be $12,500 monthly to be equally split between the four Cities and one Town in the amount of $2,500 each. The five year agreement will not exceed $750,000. Scope: Throughout the length of the Professional Services Agreement (Agreement), the Consultant will work directly with the TVC to establish scheduled meetings in person, by phone, and/or video conferences. Task 1 — Develop Legislative Strategy Each year Consultant will coordinate with the TVC to develop and draft an official legislative platform and strategy that represents the coalition's priorities in Sacramento and Washington, DC. This framework will be shared with key stakeholders in Federal and State Legislatures and California Governor's Administration. Task 2 — Implementation of Legislative Strategy Consultant will advocate for the TVC coalition's legislative agenda utilizing the following methods: o Build and Strengthen Relevant Relationships. o Leverage Relationships for Strategic Advocacy Action Plan: Consultant will engage various techniques to leverage their network of key relationships on behalf of the TVC coalition: • Schedule meetings for the TVC to discuss relevant legislation • Prepare all briefing materials and talking points for the TVC • Brief legislative offices and stakeholders on the TVC coalition's legislative agenda • Follow-up on meetings to ensure commitments and deliverables are being met Wage 42 o Track Legislation: Consultant will identify, analyze, and monitor all bill introductions and amendments relevant to the TVC Coalition's legislative framework and assess their potential impact on the coalition. o Craft Testimony and Position Letters: Consultant will prepare and submit written and verbal testimony regarding legislation relevant to the TVC coalition. Consultant will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: Consultant will draft language and amendments for relevant legislation, as required to protect and promote the TVC Coalition's agenda. o Apprise of State and Federal Funding Opportunities: The Consultant will provide information on a variety of funding opportunities such as grants and State and Federal Earmarks. o Applications/Request for Directed Funding: The Consultant will prepare letters and conduct advocacy efforts on behalf of the TVC for state budget district funding opportunities. The Consultant will prepare, submit and conduct advocacy efforts on behalf of the TVC for federal community project opportunities (earmarks). o Attendance at Meetings: The Consultant will be available to the TVC for conference calls, in -person briefings, and meetings to further the TVC's advocacy efforts. o Prepare and File Lobbying Disclosure Reports: The Consultant will prepare and file, on behalf of each City/Town within the TVC Coalition, all applicable state and federal lobbying disclosure reports. Task 3 — Meeting attendance, presentations/meeting facilitation for TVC, City/Town Councils • Weekly meeting with TVC Staff Liaisons. • Present TVC coalition efforts to each City/Town Councils once annually. • Quarterly meetings with Mayors, City Managers, and Liaisons. • Quarterly dinner meeting and presentation with Tri-Valley City Councils. • Consultant will be present and accompany Mayors at scheduled advocacy meetings. Task 4 — Reports • Provide Progress Reports: Consultant will confer regularly with the TVC coalition on Consultant's activities. o Consultant will provide a weekly email providing updates on the status of legislative activity, such as bill language, amendments, and committee analyses and other matters of interest to the coalition. o Consultant will provide an annual report summarizing the accomplishments of the legislative session. 7IPage 43 Attachment 1 TRI-VALLEY CITIES Legislative Framework M! H` Girt [:F ❑UBLIN L1\TEI 1 L RE �'-E:�S,._,F .�NTON 2022 44 TRI-VALLEY CITIES VALUES STATEMENT The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents and provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region. Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley. TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision - making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas. Transportation Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region's freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the regions freeways and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. Climate and the Environment The TVC seeks to work collaboratively with federal, state and regional partners to address the new landscape of year-round wildfires, public safety power shut offs, water quality (including PFAS/PFOS contaminants) and supply issues as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas as well as an investment in key infrastructure at all levels of government. Wage 45 pLEASANTON sPit DUBLIN LIVE li R — --:,.:;_, 211,. 2022 Economic Development The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy and provides a great quality of life for our residents and business. Key objectives are developing a healthy workforce, supporting innovation, capacity building, economic stimulus and growth in the region. Affordable Housing The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote and protect affordability in the region's housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building affordable housing. Mental Health The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services we seek to work together to support our local non -profits and organizations that do provide these services and advocate together for these vital resources and services from all levels of government. Mental health is an emerging need in our region and the TVC seeks to advocate for the needed resources to meet the needs of all of our residents. Fiscal Sustainability Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments. Wage 46 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.4 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Acceptance of Office of Traffic Safety Grant for the Selective Traffic Enforcement Program Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider accepting a traffic safety grant for Dublin Police Services in relation to the City's participation in the Selective Traffic Enforcement Program. This grant program supports best practices and strategies to address crashes involving alcohol and other primary collision factors. STAFF RECOMMENDATION: Adopt the Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant Agreement. FINANCIAL IMPACT: New grant funds awarded after the adoption of the Fiscal Year 2022-23 Budget are detailed in the Table below. The eligible expenses are limited to reimbursement of Police Services' overtime costs which are associated with grant program activities; the City absorbs all Sheriff's Department indirect charges and other administrative costs. There is no matching fund requirement and no financial impact to the General Fund. Fiscal Year Expenditure Period Grant Revenue 2022-23 (10/01/2022 -06/30/2023) $45,000 2023-24 (07/01/2023 -09/30/2023) $20,000 TOTAL GRANT AWARD $65,000 Page 1 of 2 47 DESCRIPTION: The California Office of Traffic Safety (OTS) is awarding grant funds for its Selective Traffic Enforcement Program (STEP), using best practice strategies shown to reduce traffic collisions. Office of Traffic Safety funding is based on the federal fiscal year beginning October 1 of each year, and Dublin Police Services has been awarded and has administered similar grants in the past. The California OTS recently awarded Dublin Police Services a STEP grant in the amount of $65,000 to cover overtime costs, supplies, and training for special traffic enforcement such as DUI saturation patrols and other related strategies. The funding will cover activities at two DUI checkpoints, 16 DUI saturation patrols, and 12 Traffic Enforcement operations including distracted driving enforcement that targets drivers using handheld cell phones and traffic safety educational presentations. This program will also develop a "Hot Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat Driving Under the Influence (DUI) offenders with suspended or revoked licenses. There will also be DUI checkpoint operations, patrols focused on distracted driving enforcement, traffic safety education operations, and collaborative enforcement efforts with Livermore and Pleasanton Police Departments. Each of these traffic operations will be conducted to make the streets of Dublin safer for all pedestrians and motorists. The STEP grant will seek voluntary compliance of traffic laws by generating publicity throughout the grant period. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant Agreement 2) Exhibit A to the Resolution - OTS STEP Grant Agreement Page 2 of 2 48 Attachment I RESOLUTION NO. XX — 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CONFIRMING CITY OF DUBLIN PARTICIPATION IN THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT GRANT AGREEMENT WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by preventable factors such as driver impairment; and WHEREAS, On June 22, 2022, a Grant Agreement with the State of California Office of Traffic Safety was awarded to conduct a multi -year Selective Traffic Enforcement Program (STEP); and WHEREAS, the City was advised after the adoption of the Fiscal Year 2022-23 Budget of the award of $65,000 to be made under the STEP Grant; and WHEREAS, the total award for the STEP Grant will span Fiscal Years 2022-23 and 2023-24 as described in the Staff Report presented to the City Council on October 18, 2022; and WHEREAS, the enforcement grant is dedicated to reducing the number of fatal and injury traffic collisions by funding supplemental saturation patrols as well as providing for additional public safety awareness activities; and WHEREAS, the City Council of the City of Dublin has agreed DUI enforcement, distracted driving enforcement, seat belt enforcement, and awareness are important elements in improving overall public safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin confirms the Grant Agreement with the State of California Office of Traffic Safety attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council accepts the grant award of $65,000. {Signatures on the following page} Reso. No. XX-22 Item X.X, Adopted XX/XX/2022 Page 1 of 2 49 PASSED, APPROVED AND ADOPTED this 18th day of October 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22 Item X.X, Adopted XX/XX/2022 Page 2 of 2 50 State of California — Office of Traffic Safety GRANT AGREEMENT Attachment 2 GRANT NUMBER PT23103 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY Dublin 3. Grant Period From: 10/01/2022 To: 09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT Dublin Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $65,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and attached hereto. These documents can be viewed at the OTS home web page under Grants: We, the officials named below, hereby swear under penalty of perjury under are duly authorized to legally bind the Grant recipient to the above described IN WITNESS WHEREOF, this Agreement has been executed by the parties conditions of the following which are by of Procedure applicable) made a part of this agreement as if www.ots.ca.gov. the laws of the State of California that we Grant terms and conditions. hereto. 8. Approval Signatures A. GRANT DIRECTOR NAME: Kevin Monaghan TITLE: Sergeant EMAIL: kmonaghan@acgov.org PHONE: (925) 556-4562 ADDRESS: 100 Civic Plaza Dublin, CA 94568 B. AUTHORIZING OFFICIAL NAME: Garrett Holmes TITLE: Chief of Police EMAIL: gholmes@acgov.org PHONE: (925) 833-6685 ADDRESS: 100 Civic Plaza Dublin, CA 94568 (Signature) (Date) C. FISCAL OFFICIAL NAME: Lisa Hisatomi TITLE: Administrative Services Director EMAIL: lisa.hisatomi@dublin.ca.gov PHONE: (925) 556-4566 ADDRESS: 100 Civic Plaza Dublin, CA 94568 (Signature) (Date) D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Barbara Rooney TITLE: Director EMAIL: barbara.rooney@ots.ca.gov PHONE: (916) 509-3030 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) 9/13/2022 3:42:08 PM Page 1 of 15 51 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 9. SAM INFORMATION SAM #: H7R6FXBY88V5 REGISTERED ADDRESS: 100 Civic Plaza CITY: Dublin Zip+4: 94568-7735 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $40,000.00 402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $25,000.00 AGREEMENT TOTAL $65,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $65,000.00 1 CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $65,000.00 9/13/2022 3:42:08 PM Page 2 of 15 52 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT23103 1. PROBLEM STATEMENT The City of Dublin is a city with a residential population of 72,589 as of 04/01/20. The U.S Census Bureau ranked the City of Dublin as the third fastest growing city with a population over 30,000 by percentage in California over the past ten years! In addition, Dublin is the number one fastest growing city by percentage in the entire 9-county San Francisco Bay Area. Through a growing light industry, existing retail business, and planned future residential, retail, and commercial development, the day -time population of Dublin can increase by over 85%. The City of Dublin currently has 126 miles of roadway, with more being planned. The vehicular traffic in Dublin can increase to 115,000 vehicles coming in -and -out of the city on an average day. There are four major roadways thru Dublin which allow for a high volume of vehicular traffic during all hours from the neighboring cities of San Ramon, Pleasanton, and Livermore. All three of these cities are growing as fast, if not faster, than Dublin with retail, commercial, and residential development. Dublin is bordered on the south by Interstate 580 and on the west with Interstate 680 running north and south thru Dublin. Due to the increasing volume of traffic crashes are on the rise while staffing levels remain stagnant. The Dublin Police Services (DPS) Traffic Unit is staffed with four Traffic Officers and one Sergeant. The DPS Traffic Units will aggressively address driving problems during the hours which they most occur. The Traffic Unit will also address other major primary crash factors. The normal day-to-day Traffic Unit objectives will continue without interruption. As faced with most cities in California, and with the onset and return to normalcy as it related to traffic flows and patterns, Dublin has seen a significant increase in injury crashes. In 2021 Dublin Police saw an increase of 39.5 percent in injury related traffic collisions. This increase includes 44.9 percent people being injured in those collisions. This is partly due to the mere fact there are more vehicles traveling on Dublin roadways at higher rates of speed than ever before coupled with drivers making unsafe decision behind the wheel. Dublin Police also saw a dramatic increase in DUI related collisions from having only 11 in 2020 to 25 DUI related collision in 2021. This is nearly a 77 percent increase. This significate rise can be attributed to more bars and lounges being open to in -person serving since the ending stages of the pandemic. The DPS Traffic Unit will effectively and systemically address some of the concerns associated with the rise in injury and DUI related crashes in the City of Dublin. Targeted enforcement for speed violators, distracted driving violators, and the apprehension of impaired drivers will be high priorities under grant funded operations. The Dublin Police to conduct DUI Checkpoints with the City, which will bring community awareness and education about DUI related crimes. These targeted enforcement engagements should have a significate impart on the City of Dublin's overall collision statistics. The DPS Traffic Unit will conduct collaborative efforts with surrounding Alameda County agencies, specifically within the Tri-Valley Cities of Livermore, Pleasanton, and Dublin to address staffing shortages to conduct enforcement operations. 2. PERFORMANCE MEASURES A. Goals: 1 Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 9/13/2022 3:42:08 PM Page 3 of 15 53 7. Reduce the number of persons killed in alcohol -involved crashes. 8. Reduce the number of persons injured in alcohol -involved crashes. 9. Reduce the number of persons killed in drug -involved crashes. 10. Reduce the number of persons injured in drug -involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo -involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo -involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. Target Number 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST -certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 6 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Send law enforcement personnel to SFST Instructor training. 1 9. Send law enforcement personnel to DRE Instructor training. 1 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 2 11. Conduct DUI Saturation Patrol operation(s). 16 12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 12 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 5 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted 2 9/13/2022 3:42:08 PM Page 4 of 15 54 driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 16. Participate in highly visible collaborative DUI Enforcement operations. 5 17. Participate in highly visible collaborative Traffic Enforcement operations. 3 18. Send law enforcement personnel to DUI Checkpoint Planning and Management training. 2 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. • Media Requirementslssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period attention to the innovative program strategies and outcomes. to call Media Requirements The following requirements are for all grant -related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is 9/13/2022 3:42:08 PM Page 5 of 15 55 happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT 9/13/2022 3:42:08 PM Page 6 of 15 56 This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 9/13/2022 3:42:08 PM Page 7 of 15 57 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT23103 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-23 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $40,000.00 402PT-23 20.600 State and Community Highway Safety $25,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime 164AL-23 $10,225.00 2 $20,450.00 DUI/DL Checkpoints DUI Saturation Patrols 164AL-23 $852.07 16 $13,633.00 Collaborative DUI Enforcement 164AL-23 $852.07 5 $4,260.00 Traffic Enforcement 402PT-23 $852.07 12 $10,225.00 Distracted Driving 402PT-23 $852.07 5 $4,260.00 Pedestrian and Bicycle Enforcement 402PT-23 $852.07 4 $3,408.00 Traffic Safety Education 402PT-23 $852.07 2 $1,704.00 Collaborative Traffic Enforcement 402PT-23 $852.07 3 $2,556.00 Category Sub -Total $60,496.00 B. TRAVEL EXPENSES In State Travel 402PT-23 $2,847.00 1 $2,847.00 $0.00 Category Sub -Total $2,847.00 - C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-23 $1,656.53 1 $1,657.00 Category Sub -Total $1,657.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $65,000.00 9/13/2022 3:42:08 PM Page 8 of 15 58 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT23103 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). INDIRECT COSTS STATEMENTS/DISCLAIMERS Program Income default statement: There will be no program income generated from this grant. Enforcement Grant Quota Disclaimer: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 9/13/2022 3:42:08 PM Page 9 of 15 59 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT23103 CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4 — Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 — Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 2 CFR part 1201 — Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The Subgrantee- 9/13/2022 3:42:08 PM Page 10 of 15 60 • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: o "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 81031 The Subgrantee will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will — 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an 9/13/2022 3:42:08 PM Page 11 of 15 61 employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted — 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to all subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) 9/13/2022 3:42:08 PM Page 12 of 15 62 Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 9/13/2022 3:42:08 PM Page 13 of 15 63 rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sann.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 9/13/2022 3:42:08 PM Page 14 of 15 64 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to all subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/13/2022 3:42:08 PM Page 15 of 15 65 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.5 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases Prepared by: John Bakker, City Attorney EXECUTIVE SUMMARY: From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October 2021, the City returned to in -person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing, if the City Council makes certain required findings. From January 11 - February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days. STAFF RECOMMENDATION: Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361. FINANCIAL IMPACT: None. Page 1 of 3 66 DESCRIPTION: On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19. On March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter -in -place order, requiring all non -essential personnel to work from home. At that time and through September 2021, the City's legislative bodies met by teleconference. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act. The City of Dublin began meeting in person beginning in October 2021. Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County. Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month. On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately. AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may meet remotely when: The local agency holds a meeting during a declared state of emergency; State or local health officials have imposed or recommended measures to promote social distancing; Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees. On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022. Page 2 of 3 67 At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City's legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, May 17, June 7, June 21, July 19, August 16, and September 6, 2022, meetings, the City Council adopted Resolution Nos. 39-22, 48-22, 65-22, 84- 22, 92-22, 101-22, and 104-22 respectively, that included the necessary findings pursuant to AB 361 to allow the City Council and the City's legislative bodies to meet remotely or in a hybrid format for 30 days. The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public: The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; The CDC recommends social distancing of at least six feet due to COVID-19; There continues to be COVID-19 cases within the state and throughout Alameda County; Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff. The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City's legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361 Page 3 of 3 68 Attachment I RESOLUTION NO. xx-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF DUBLIN PURSUANT TO AB 361 WHEREAS, all meetings of the City of Dublin's legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 — 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 ("COVID-19"); and WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-20 and its successors, the City Council met primarily virtually through September 2021; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3 69 declared a State of Emergency due to COVID-19; and WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of concern by the United States; and WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called BA.2, continue to occur in Alameda County and require quarantine periods for exposure; and WHEREAS, the Centers for Disease Control and Prevention ("CDC") continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the ongoing existence COVID-19 cases due in part to the highly contagious Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City's other legislative bodies; and WHEREAS, the City Council finds that the imminent risks of the City's legislative bodies holding in person meetings to the health or safety of attendees exists due in part to the Omicron variants of COVID-19; and WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference ("hybrid meetings"). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows: 1. The above recitals are true and correct, and incorporated into this Resolution. 2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings: a) The City Council has considered the circumstances of the state of emergency; and b) The state of emergency, as declared by the Governor and City Council, and as specifically related to cases apparently resulting from the Omicron variant, directly Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3 impacts the ability of the City Council and the City's legislative bodies, as well as staff and members of the public, to meet safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff. 3. City staff is directed to facilitate any teleconference meetings, including hybrid meetings, of the City Council and City's legislative bodies in compliance with AB 361, in order to better ensure the health and safety of the public for a period of thirty days following the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of October 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.6 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code Prepared by: Jordyn Bishop, Assistant City Attorney EXECUTIVE SUMMARY: At the June 7, 2022 meeting, the City Council directed Staff to review the City's Conflict of Interest Code and make a determination if there is a need to update the Code. Staff conducted a review of the Code and determined that several positions should be added or deleted. The City Council will consider introducing an ordinance to update the list of designated positions that must file a Statement of Economic Interests (Form 700). STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code, and direct Staff to file the 2022 Local Agency Biennial Notice. FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act (Act) prohibits a public official from using their official position to influence a governmental decision in which they have a financial interest. The City must maintain a Conflict of Interest Code that identifies all officials and employees who make governmental decisions based on the positions they hold. The individuals identified in the Conflict of Interest Code must publicly disclose their designated financial interests by filing a Statement of Economic Interests (Form 700). The City's Conflict of Interest Code is located in Chapter 2.24 of the Dublin Municipal Code. The Page 1 of 3 72 City's Code identifies all positions within the City that participate in the making of governmental decisions. These designated positions are required to disclose certain financial interests under state law. A local agency's conflict of interest code is not applicable to mayors, city councilmembers, planning commission members, city managers, or city attorneys, as Government Code Section 87200 requires full Form 700 disclosure for individuals holding these positions. The Act requires the City to biennially review and determine whether amendments to the Code are required. (Gov. Code § 87306.5.) The last biennial revision to the City's Code was approved on October 6, 2020, and an additional revision was approved on May 18, 2021. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, City departments must determine whether amendments to the Code are necessary and notify the City Council whether or not such amendments are required. (Gov. Code §§ 82011(c), 87306.5.) Based on previous direction from the City Council and the requirements of the Political Reform Act, Staff completed a thorough review of the Conflict of Interest Code, the job specifications for all City employment positions, as well as the FPPC regulations governing the update process and recommends the following changes to Chapter 2.24. 1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions," to add three (3) City positions determined by Staff to "make or participate in the making of governmental decisions." These positions (and accompanying disclosure categories) are: a. Environmental Sustainability Manager (disclosure category 1) b. Planning Manager (disclosure category 1) c. Management Analyst II (disclosure category 3) 2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, "Designated Positions," to delete two (2) City positions that have been eliminated. a. Economic Development Director/Public Information Officer (deleted via Resolution No. 111-21) b. Public Works Maintenance Superintendent (deleted via Resolution No. 110-22) 3. Amend Section 2.24.020 of the Conflict of Interest Code titled "Designated Positions" to revise the title of three (3) City positions already designated in the Code. Those positions, and accompanying disclosure category and revisions, are: a. Administrative Services Director/Director of Finance (disclosure category 3). Revised to Administrative Services Director (disclosure category 3). b. Assistant Director of Administrative Services/Budget (disclosure category 3). Revised to Assistant Director of Administrative Services (disclosure category 3). c. City Engineer (disclosure category 1). Revised to Assistant Public Works Director/City Engineer (disclosure category 1). Page 2 of 3 73 The City's amended Code will not be effective until it has been adopted by the City Council. (Gov. Code § 87303.) Staff recommends that the City Council waive the reading and introduce the ordinance amending the Conflict of Interest Code consistent with the changes described above, and direct staff to file the 2022 Local Agency Biennial Notice. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code 2) 2022 Local Agency Biennial Notice Page 3 of 3 74 Attachment I ORDINANCE NO. XX — 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act codified at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, following review of the Code, it was determined that the amendments contained in this Ordinance were appropriate. NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1. Chapter 2.24.020 is amended to read as follows (additions shown in italics and deletions shown in ctrikcthrough): For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest code as full disclosure is required by Government Code Section 87200 et seq. The positions listed in this section are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official's interests as required by the disclosure category applicable to that public official. Designated Position Disclosure Category Administrative Services Director/ of Finance 3 Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Administrative Services/Budget 3 Assistant Director of Community Development 1 Assistant Director of Parks and Community Services 2, 3 Assistant Public Works Director/City Engineer 1 Associate Civil Engineer 1 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3 75 Attachment I Capital Improvement Program (CIP) Manager 1 Chief Building Official 1 Chief Information Security Officer 1 City Clerk 3 City Clerk/Records Manager 3 City Engineer 1- Code Enforcement Officer 1 Communications Manager 1 Community Development Director 1 "Consultant"* as defined in FPPC Reg. sect. 18700.3 1 Deputy City Clerk 3 Economic Development Director 1 Economic Development Director/Public 1 Information Officer Environmental Coordinator 1 Environmental Sustainability Manager 1 Finance Analyst 1 Heritage and Cultural Arts Manager 1 Housing Specialist 1 Human Resources Director 3 Human Resources Manager 3 Information Services Manager 3 Management Analyst 11 3 Parks and Community Services Director 1 Plan Check Engineer 1 Planning Manager 1 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works 1- Maintcnanco Superintendent Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2, 3 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Planner 1 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 76 Attachment I Special Projects Manager 1 Senior Public Works Inspector 1 Designated Boards and Commissions Disclosure Category Human Services Commission 1 Heritage and Cultural Arts Commission 1 Parks and Community Services Commission 1 * Consultants/new positions shall be included in the list of designated employees and shall disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant or new position, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Section 81008.) Section 2. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this th day of 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 77 Attachment 2 2022 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Phone No Email: Alternate Email - Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): ❑ An amendment is required. The following amendments are necessary: (Check all that apply.) ❑ Include new positions ❑ Revise disclosure categories ❑ Revise the titles of existing positions ❑ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions ❑ Other (describe) ❑ The code is currently under review by the code reviewing body. ❑ No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) Page 1 of 1 78 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.7 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Consulting Services Agreement with Reach Enterprises for Loyalty Rewards Business Recovery Project Prepared by: Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider approving a Consulting Services Agreement between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project. FINANCIAL IMPACT: The proposed agreement is for a two-year term and has a not -to -exceed amount of $200,000 which includes $100,000 to create the Project's rewards fund. Sufficient funds were included in the Fiscal Year 2022-23 Budget for this expenditure as part of the American Rescue Plan Act funding. DESCRIPTION: On May 3, 2022, the City Council received a report on the City's Business Recovery Playbook, a post -pandemic strategic action plan to support Dublin businesses. The Playbook focuses on three main phases: Assessment, Build, and Implementation. There are several objectives outlined in the Playbook that will continue to provide much -needed resources and programs to Dublin businesses. Since the report to the City Council, Staff has completed the Assessment phase and moved into the Build and Implementation phases of the Playbook. Developing and launching the Loyalty Rewards Business Recovery Project is part of the Build phase and includes creating a robust loyalty Page 1 of 2 79 rewards program and the associated application, onboarding of local businesses, executing a comprehensive marketing campaign, and performing strategic data analysis to better understand and improve the economic climate of Dublin. The Loyalty Rewards Business Recovery Project will include the creation of a mobile app that will help drive incremental revenues to and provide a competitive advantage for Dublin businesses. One of the goals is to engage consumers and drive more traffic to local businesses on a repetitive trend. As consumers are attracted to Dublin businesses, they will receive rewards each time they shop at a participating business. The consumer will then accumulate Dublin rewards that they can then use at any participating business. By electing to use their rewards, the consumer will have a financial savings off their total cost of goods. The savings to the consumer that the business provides is covered by the Project's rewards fund that is setup by the City with the consultant. Therefore, the business is not having to cover the discount themselves, impacting their revenues, but rather the City through its use of the American Rescue Plan Act funding is covering the cost. The program will include a $50,000 reward fund each year for a total of $100,000 which can be adjusted as needed depending on the success of the program. The goal is to have the program up and running for this year's holiday season. Staff considered other loyalty reward program platforms and determined that only one vendor offered a digital solution that provides the range of specialized services needed to implement a comprehensive Loyalty Rewards Business Recovery Project in the City. As such, Reach Enterprises is considered a sole -source vendor and its services are therefore exempt from the City's competitive bidding requirement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and a copy of this Staff Report was sent to the consultant. ATTACHMENTS: 1) Resolution Approving a Consulting Services Agreement Between the City of Dublin and Reach Enterprises Inc for Loyalty Rewards Business Recovery project 2) Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Reach Enterprises Inc for Loyalty Rewards Business Recovery project Page 2 of 2 80 Attachment I RESOLUTION NO. XX — 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND REACH ENTERPRISES, INC FOR A LOYALTY REWARDS BUSINESS RECOVERY PROJECT WHEREAS, on May 3, 2022, the City Council of the City of Dublin received a report on the Business Recovery Playbook, a post -pandemic strategic action plan to support Dublin businesses; and WHEREAS, the Business Recovery Playbook outlines several objectives to provide much - needed resources and programs, including the creation of a Loyalty Rewards Business Recovery Project; and WHEREAS, the City desires to enter into an agreement with Reach Enterprises, Inc for a not -to -exceed amount of $200,000 over a two-year term for a Loyalty Rewards Business Recovery Project; and WHEREAS, due to its specialized platform and expertise, Reach Enterprises has been deemed a sole -source vendor by Staff and is therefore exempt from the City's competitive bidding requirements, per Dublin Municipal Code Sections 2.36.100 (B)(4). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Consulting Services Agreement between the City of Dublin and Reach Enterprises, Inc for a Loyalty Rewards Business Recovery Project, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, in substantially the form attached, and to make any minor modifications to the Agreement as necessary to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of October, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22 Item X.X, Adopted XX/XX/2022 Page 1 of 1 81 Attachment 2 Exhibit A to the Resolution CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND REACH ENTERPRISES, INC FOR LOYALTY REWARDS BUSINESS RECOVERY PROJECT THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Reach Enterprises, Inc ("Consultant") (together sometimes referred to as the "Parties") as of October 4, 2022 (the "Effective Date"). 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 Effective Date and shall end on July 31, 2024, and Consultant shall complete the work described in Exhibit A on or before 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 referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall 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. 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 Subsection 1.2 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $200,000 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 B, 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 Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 1 of 13 82 City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified in Exhibit A. Except as specifically authorized by City in writing, 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 its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices according to Exhibit A. 2.2 Reserved. 2.3 Reserved. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Reserved. 2.6 Reserved. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 2 of 13 83 required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 3 of 13 84 b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non -owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 4 of 13 85 or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: Certificate of Liability Insurance in the amounts specified in the section; Additional Insured Endorsement as required by the section; Waiver of Subrogation Endorsement as required by the section; and Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals' errors and omissions. Any deductible or self -insured retention shall not exceed $150,000 per claim. 4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 5 of 13 86 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 6 of 13 87 ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 7 of 13 88 shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 8 of 13 89 obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 9 of 13 90 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 10 of 13 91 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City's sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant's economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Reach Enterprises, Inc Attn: George Northup 1250 Borregas Avenue Sunnyvale, CA 94089-1309 George@joinreach.com Any written notice to City shall be sent to: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 11 of 13 92 Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification 10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 12 of 13 93 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN REACH ENTERPRISES, INC D w 4q'H er 1 Linda Smith, City Manager George Northup, President Attest: Marsha Moore, City Clerk Approved as to Form: John D. Bakker, City Attorney 5182911.1 Consulting Services Agreement between City of Dublin and Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project 10/4/2022 Page 13 of 13 94 EXHIBIT A SCOPE OF SERVICES The City of Dublin to receive a fully functioning and customized version of the Reach Marketplace. The services include a recommended approach, terms, and timing, what is required from The City of Dublin, the support Reach will provide, and the deliverables The City of Dublin can expect over a two-year term project. Current Status Reach will create The City of Dublin version of its platform and mobile app and expects to deploy initially by December 1, 2022, with continued enhancements which can be added thereafter. The City of Dublin version will offer participating small businesses and consumers a compelling experience. The City of Dublin will work with REACH to identify the small businesses that will be included in the Marketplace at launch. Entertainment Travel Video Gaming Sports Food & Dining Cooking Grocery Meal/Food Delivery Mass Merchant Financial Services Entertainment Connect Health Pharmacy ■ Health & Fitness ■ Weight Loss ■ Pet Care ■ Marketplaces ■ Mobile ■ Health & Beauty ■ Transportation ■ Insurance ■ Investing ■ Recommended Approach Reach will focus on the data consumers can share and the corresponding analyses it can perform. Reach will facilitate the sharing of timely data critical to understanding purchasing behavior and dynamics, providing The City of Dublin and its small businesses with unique and actionable insights. Reach recommends the following approach comprised of a proven framework and supporting elements that will help ensure value is optimized: Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 1 of 7 95 • Goals & Objectives — The goal is to help The City of Dublin better understand the current and prospective capabilities of the Reach Marketplace, how it is different from other platforms and options available, and how it can be leveraged to drive sustainable incremental revenues and create a competitive advantage for its city. And, most importantly, how it can create an engaging mobile app for its consumers that will drive business to local small businesses. Specific objectives will be based on the small businesses The City of Dublin designates although it will focus on general consumer purchasing habits and practices, general and small business -specific switching behavior and consumer share -of -wallet, factors keeping consumers from giving the The City of Dublin small businesses all of their business, and campaigns intended to maximize share -of -wallet and to drive more traffic to the small businesses in Dublin. • Small Business Participants to be provided by The City of Dublin • Behavior Analyzed — Based on the scope of data available in The City of Dublin Marketplace, the program will seek to better understand individual consumer purchasing behavior. This includes the small businesses they prefer and the small businesses they buy (stated preference versus the actual small businesses they purchase most frequently and consistently, or what Reach refers to as their Small business Constellation); when, where, and how often those small businesses are purchased; any switching behavior identified and the subset of small businesses from which the consumer chooses; and each consumer's true small business loyalty (overall and by category) as determined by their share -of - wallet for small businesses purchased within a category. Once these core behaviors are analyzed, the variance between each consumer's stated preferences and their actual purchases will be highlighted, with the goal of better understanding the differences. Overall small business switching behavior will also be analyzed with a goal of identifying the top causal factors The City of Dublin can work to address via marketing activity Reach can help test and optimize. Lastly, a comprehensive initial assessment of consumer habits, practices, and purchases focused on the small businesses, including switching behavior, response to promotions/deals, and current share -of - wallet, will be completed, with preliminary insight into what would be required to maximize each consumer's share -of -wallet. Maximizing share -of -wallet based on the causal factors identified, subsequent testing and validation of those factors, and the iterative testing and optimization of marketing initiatives intended to address them. The proposed approach is comprised of the following detailed activity: Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 2 of 7 96 KEY STEP APPROACH EXPLANATION 1. The City of Dublin invites sufficient consumers to ensure results are projectable The City of Dublin to ensure at least 2,500 consumers (residents) enroll. The City of Dublin and Reach to work together on incentive to maximize response. To ensure the results are projectable on a statistically significant basis, The City of Dublin needs to invite a sufficient number of consumers (e.g., 10K invitations to residents) to yield a minimum of 2,500 active consumers (those that download the mobile app and complete the enrollment process). 2. Assess stated preferences and purchasing behavior 3. Analyze actual aggregated and individual purchase data Reach to send all consumers a survey. All spending data based on accounts the consumer links to their profile will be automatically harvested and analyzed. Once completed, the data will be analyzed with a focus on overall and small business -specific switching behavior. Consumers will be asked to complete a survey (e.g., eight questions) to determine their purchasing behavior, if they consider themselves to be loyal to any small businesses, why (or why not) and some additional information about their purchasing behavior. Reach will harvest all aggregate spending data shared by consumers on an intentional and proactive basis (fully permissioned). Aggregate spending is harvested automatically from credit/debit cards and other accounts linked to consumers' profile. Given that aggregate spending data goes back 24 months, The City of Dublin might want to explore behavior pre- and post-COVID to understand how consumer spending and shopping habits changed and if those changes are reverting to their pre-COVID state. Combined spending will be analyzed to determine each consumer's: (i) purchase behavior (details to be discussed with The City of Dublin); (ii) switching behavior, and if they do switch between small businesses, the categories in which it is most prevalent; and (iii) share -of -wallet and any variability in that share over the last 12 months. Consumers with a current share -of -wallet under 90% will be categorized as exhibiting switching behavior and asked to participate in a follow-up survey that will seek to determine causality. Those with a share -of -wallet over 90% will receive a different survey seeking to Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 3 of 7 97 4. Identify causal factors affecting switching behavior and small business share -of -wallet 5. Upside opportunity quantified 6. Test campaign targeting those showing switching behavior developed and fielded Reach to send consumers sharing spending data a follow-on survey (e,g, 10 questions) tailored to their behavior. Those exhibiting switching behavior will receive a different survey than those appearing to be more loyal. Reach to perform analysis of research and spending data to assess potential upside of increasing share -of -wallet. Reach will work with The City of Dublin to create campaigns based on research and analysis, with up to 3 campaign variants, each focused on the most relevant remedy for each consumer. (Incentives/promotions) understand the key factors driving their small business loyalty. Insights from the prior analysis will be used to develop a survey intended to provide direct feedback from those that exhibit switching behavior, particularly those that switch between The City of Dublin's small businesses and other small businesses in the category and/or local area. The survey will focus on what is driving the switching behavior, what The City of Dublin can do to mitigate switching and increase its share -of -wallet, and the likelihood of changing individual consumer behavior if The City of Dublin were to make the requisite changes. Consumers that appear to be more "loyal" based on spending will be sent a different survey intended to identify the factors that affect their behavior. These consumers will also be asked what would get them to try or purchase a different small business to better understand how truly committed they are and what could put them at risk. Analysis of prior switching behavior together with research to determine causality and potential remedies will be used to quantify a realistic upside for each consumer exhibiting switching behavior. Downside risk associated with potentially affecting loyal consumers will be assessed as well. Implement campaigns that leverage all learning to increase the small business share -of -wallet. The campaigns will be developed jointly by Reach and The City of Dublin, utilizing all available spending data and research, focused on what is most likely to change the behavior of each consumer. Hence, up to 3 campaign variants will be created to ensure the remedy offered to each consumer is personalized. Terms & Timing As previously discussed, Reach will charge a total of $200,000 for a two-year program ($100,000 for the app development and management fees ($75,000 year 1 and $25,000 year 2) and $100,000 for consumer rewards ($50,000 year 1 and $50,000 year 2) to be administered by Reach). This is an 87% discount off Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 4 of 7 98 commercial list price. Given the extremely favorable terms provided, Reach will request payment of the fees and the rewards ($200,000) funding upon signing date due to the fact that Reach will be underwriting the majority of costs for the program from its own funds. With regard to timing, the Year One program will be defined as follows: ACTIVITY Proposal Signed & Project Kick -Off The City of Dublin to deliver the list of suggested small businesses The City of Dublin to approve consumer and small business marketing communications/plan Status Update Meetings Once a Month (Last Monday of each Month at 3:00pm PT) Reach to confirm and on -board small businesses for launch The City of Dublin to Invite Consumers to Download the Mobile App with Goal of Having a Minimum of 2,500 Becoming Members via Incentives TARGET DATE October 5, 2022 October 10, 2022 October 12, 2022 October 24, 2022 (commence) October 16 — October 31, 2022 December 1, 2022 Begin Test & Learn December 1, 2022 Initiate Campaigns and Reward Consumers End of Year One Review December 1, 2022-September 1, 2023 September 5, 2023 Confirm Year -Two Program Details September 5, 2023 Roll -Out Campaigns for Year Two October 1, 2023 - September 1, 2024 The City of Dublin Responsibilities The City of Dublin's responsibilities will be: (i) designating the small businesses participating; (ii) approving the proposed approach and making modifications as required; and (iii) inviting a sufficient number of consumers to ensure results are projectable at a statistically significant level. Based on the need for segmentation based on gender, age/generational segment, geography, and potentially behavior, a minimum of 2,500 consumers sourced by The City of Dublin will be desired. These consumers must download the mobile app from the Apple App Store, enroll and complete their member profile, link all relevant forms -of -payment (in order to be assigned a rewards card), and add small businesses (with which the member wishes to engage). All these steps are required for participation Reach Support & Responsibilities Reach's goal is to provide The City of Dublin with maximum insight and immediate value while making the process as frictionless and flexible as possible. As such, The City of Dublin will have limited responsibility given the turn -key nature of this program and as such Reach will assign one of its full-time staff to oversee and administer this program on behalf of The City of Dublin (at no additional cost) (but does still require The City of Dublin to invite small businesses and consumers). Regardless of the level of participation, Reach Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 5 of 7 99 will do all the "heavy -lifting," making the process as frictionless for the consumers as it will for the small businesses. Deliverables Reach will provide The City of Dublin with the following key deliverables: • Research detailing current consumer stated preferences and behavior — This research will offer insights into basic purchasing habits and practices (specifics to be determined in collaboration with The City of Dublin), stated small business switching behavior (current and historical), and small business corresponding stated share -of -wallet. • Analysis of current and historical aggregated and spending data — This analysis will determine actual consumer preferences and behavior, as Reach will address the same purchasing habits and practices, switching behavior, and each consumer's share -of -wallet for the small businesses. The data will also be analyzed to determine if there are any obvious clues influencing consumer behavior based on geography, where consumers typically purchase the small businesses and other criteria. • Research to understand the differences between stated and actual behavior, determine what is driving switching behavior, and identify opportunities to increase share -of -wallet - Prior research and analysis of spending data should provide sufficient insight to optimize the design of this research, which will determine what drives switching (or loyal) behavior, and correspondingly, what The City of Dublin can do to mitigate switching and increase small business share -of -wallet. The research will identify the top 2 — 3 actionable issues that are keeping consumers from giving The City of Dublin more of their business. It will also estimate the economic value (based on sensitivity analysis with high and low estimates) of increasing individual consumer share -of -wallet. • Campaigns designed to address one of those issues that will be deployed among The City of Dublin consumer base - development of campaigns using proven best practices intended to increase small business share -of -wallet on a sustainable basis. The campaigns will combine true personalization with a combination of incentives designed to drive an immediate and sustainable increase in small business share -of -wallet. To ensure The City of Dublin can build on the momentum, test alternative approaches to increasing share - of -wallet and identify the campaign(s) most likely to maximize value, the following section outlines how The City of Dublin and Reach can move forward beyond Year One. Moving Forward Beyond Year One The goal of Year Two is to build on initial learning and the results of the campaigns to identify the optimal approach to increasing and sustaining increased share -of -wallet across the consumer base. This will likely include iterative testing of alternative remedies, incentives, and campaigns, as well as what The City of Dublin can do to ensure continuity so that increases in share -of -wallet are sustained or grow over time. Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 6 of 7 100 In addition to optimizing performance for consumers sourced from the The City of Dublin, Reach can work with The City of Dublin to expand its reach into other target segments. Given the scope of the personal information consumers are willing to share on what Reach calls a Zero -Party Plus basis, understanding the behavior of any target segment and the overall approach most likely to resonate with them is far easier. The same goes for new consumer acquisition, as Reach can use Zero -Party Plus data to create highly granular and accurate profiles of The City of Dublin's best consumers for use in "like -me" modeling to improve the efficiency and effectiveness of current efforts to identify new consumers for The City of Dublin Marketplace. The proposed next steps are: • The City of Dublin to review proposal and provide signature by October 5, 2022 • The City of Dublin to provide small businesses that will participate — Target small business to be selected by October 31, 2022. • The City of Dublin to work with Reach on planned consumer solicitation effort — The City of Dublin and Reach will collaborate on the solicitation effort and corresponding incentive offered to ensure maximum participation/enrollment commencing by December 1, 2022. Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises Inc for Loyalty Rewards Business Recovery Project Exhibit A — Page 7 of 7 101 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES As previously discussed, Reach will charge a total of $200,000 for a two-year program ($100,000 for the app development and management fees ($75,000 year 1 and $25,000 year 2) and $100,000 for consumer rewards ($50,000 year 1 and $50,000 year 2) to be administered by Reach). This is an 87% discount off commercial list price. Given the extremely favorable terms provided, Reach will request payment of the fees and the rewards ($200,000) funding upon signing date due to the fact that Reach will be underwriting the majority of costs for the program from its own funds. No other expenses to be incurred on this project. Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises, Inc. for Loyalty Rewards Business Recovery Project Exhibit B — Page 1 of 1 102 EXHIBIT C INDEMNIFICATION Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. Consulting Services Agreement between City of Dublin and 10/4/2022 Reach Enterprises, Inc for Loyalty Rewards Business Recovery Project Exhibit C — Page 1 of 1 103 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.8 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from September 1, 2022 - September 30, 2022 totaling $6,182,554.45. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED September 1, 2022 - September 30, 2022 Total Number of Payments: 247 Total Amount of Payments: $6,182,554.45 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning September 1, 2022 through September 30, 2022. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City's practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an Page 1 of 2 104 audited comprehensive annual financial report. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Payment Issuance Report for September 2022 Page 2 of 2 105 Attachment I Print Date: 9/30/2022 Page 1 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee Description Amount 9/1/2022 CAL PERS PERS RETIREMENT PLAN: PE 8/26/22 82,952.19 9/1/2022 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 8/26/22 67,905.03 Payments Issued 9/1/2022 Total: 150,857.22 9/2/2022 CALPERS FEES FOR GASB-68 REPORTS & SCHEDULES 700.00 9/2/2022 DSRSD SERVICE TO 7/31/2022 557.53 DSRSD SERVICE TO 7/31/2022 329.66 DSRSD SERVICE TO 7/31/2022 568.66 DSRSD SERVICE TO 7/31/2022 844.45 DSRSD SERVICE TO 7/31/2022 338.98 DSRSD SERVICE TO 7/31/2022 25,692.96 DSRSD SERVICE TO 7/31/2022 353.37 DSRSD SERVICE TO 7/31/2022 798.76 DSRSD SERVICE TO 7/31/2022 456.34 DSRSD SERVICE TO 7/31/2022 8,245.05 DSRSD SERVICE TO 7/31/2022 732.97 DSRSD SERVICE TO 7/31/2022 432.91 DSRSD SERVICE TO 7/31/2022 4,481.18 DSRSD SERVICE TO 7/31/2022 694.56 DSRSD SERVICE TO 7/31/2022 578.44 DSRSD SERVICE TO 7/31/2022 1,459.96 DSRSD SERVICE TO 7/31/2022 3,021.58 DSRSD SERVICE TO 7/31/2022 339.76 DSRSD SERVICE TO 7/31/2022 7,292.75 DSRSD SERVICE TO 7/31/2022 329.29 DSRSD SERVICE TO 7/31/2022 1,252.27 DSRSD SERVICE TO 7/31/2022 700.47 DSRSD SERVICE TO 7/31/2022 1,379.86 DSRSD SERVICE TO 7/31/2022 535.60 DSRSD SERVICE TO 7/31/2022 511.60 DSRSD SERVICE TO 7/31/2022 414.21 DSRSD SERVICE TO 7/31/2022 640.39 DSRSD SERVICE TO 7/31/2022 2,498.27 DSRSD SERVICE TO 7/31/2022 829.52 DSRSD SERVICE TO 7/31/2022 762.04 DSRSD SERVICE TO 7/31/2022 1,451.06 DSRSD SERVICE TO 7/31/2022 327.52 DSRSD SERVICE TO 7/31/2022 1,474.77 DSRSD SERVICE TO 7/31/2022 2,364.77 DSRSD SERVICE TO 7/31/2022 8,450.58 DSRSD SERVICE TO 7/31/2022 386.35 DSRSD SERVICE TO 7/31/2022 601.11 106 Print Date: 9/30/2022 Page 2 of 18 Date Issued Payee City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Description Amount DSRSD SERVICE TO 7/31/2022 908.16 DSRSD SERVICE TO 7/31/2022 1,158.82 DSRSD SERVICE TO 7/31/2022 3,619.67 DSRSD SERVICE TO 7/31/2022 343.01 DSRSD SERVICE TO 7/31/2022 1,341.27 DSRSD SERVICE TO 7/31/2022 833.97 DSRSD SERVICE TO 7/31/2022 1,246.03 DSRSD SERVICE TO 7/31/2022 1,179.28 DSRSD SERVICE TO 7/31/2022 8,496.33 DSRSD SERVICE TO 7/31/2022 2,529.42 DSRSD SERVICE TO 7/31/2022 1,408.02 DSRSD SERVICE TO 7/31/2022 820.62 DSRSD SERVICE TO 7/31/2022 7,490.61 DSRSD SERVICE TO 7/31/2022 655.97 DSRSD SERVICE TO 7/31/2022 371.17 DSRSD SERVICE TO 7/31/2022 11,109.02 DSRSD SERVICE TO 7/31/2022 1,252.27 DSRSD SERVICE TO 7/31/2022 317.21 DSRSD SERVICE TO 7/31/2022 1,247.82 DSRSD SERVICE TO 7/31/2022 774.66 DSRSD SERVICE TO 7/31/2022 3,241.42 DSRSD SERVICE TO 7/31/2022 1,157.36 DSRSD SERVICE TO 7/31/2022 27,294.40 DSRSD SERVICE TO 7/31/2022 9,744.33 DSRSD SERVICE TO 7/31/2022 1,611.66 DSRSD SERVICE TO 7/31/2022 1,230.02 DSRSD SERVICE TO 7/31/2022 776.46 DSRSD SERVICE TO 7/31/2022 3,726.47 DSRSD SERVICE TO 7/31/2022 8,208.33 DSRSD SERVICE TO 7/31/2022 338.56 DSRSD SERVICE TO 7/31/2022 12,587.20 DSRSD SERVICE TO 7/31/2022 13,705.60 DSRSD SERVICE TO 7/31/2022 887.37 DSRSD SERVICE TO 7/31/2022 2,302.47 DSRSD SERVICE TO 7/31/2022 2,306.92 DSRSD SERVICE TO 7/31/2022 1,817.42 DSRSD SERVICE TO 7/31/2022 1,456.97 DSRSD SERVICE TO 7/31/2022 7,296.33 DSRSD SERVICE TO 7/31/2022 1,385.77 DSRSD SERVICE TO 7/31/2022 454.86 DSRSD SERVICE TO 7/31/2022 8,577.93 DSRSD SERVICE TO 7/31/2022 1,163.27 DSRSD SERVICE TO 7/31/2022 4,915.53 DSRSD SERVICE TO 7/31/2022 1,167. 107 Print Date: 9/30/2022 Page 3 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee Description Amount DSRSD SERVICE TO 7/31/2022 387.51 DSRSD SERVICE TO 7/31/2022 721.26 DSRSD SERVICE TO 7/31/2022 2,711.87 DSRSD SERVICE TO 7/31/2022 672.31 DSRSD SERVICE TO 7/31/2022 663.41 DSRSD SERVICE TO 7/31/2022 31,741.88 DSRSD SERVICE TO 7/31/2022 28,741.75 DSRSD SERVICE TO 7/31/2022 1,117.31 DSRSD SERVICE TO 7/31/2022 647.07 DSRSD SERVICE TO 7/31/2022 495.77 DSRSD SERVICE TO 7/31/2022 3,446.12 DSRSD SERVICE TO 7/31/2022 2,146.72 DSRSD SERVICE TO 7/31/2022 805.81 DSRSD SERVICE TO 7/31/2022 749.42 DSRSD SERVICE TO 7/31/2022 860.67 DSRSD SERVICE TO 7/31/2022 6,133.06 DSRSD SERVICE TO 7/31/2022 9,596.02 Check Total: 338,225.21 9/2/2022 DSRSD SERVICE TO 7/31/2022 85.26 DSRSD SERVICE TO 7/31/2022 158.35 DSRSD SERVICE TO 7/31/2022 108.08 DSRSD SERVICE TO 7/31/2022 210.48 DSRSD SERVICE TO 7/31/2022 149.28 DSRSD SERVICE TO 7/31/2022 156.16 DSRSD SERVICE TO 7/31/2022 57.86 DSRSD SERVICE TO 7/31/2022 313.15 DSRSD SERVICE TO 7/31/2022 113.15 DSRSD SERVICE TO 7/31/2022 104.27 DSRSD SERVICE TO 7/31/2022 211.24 DSRSD SERVICE TO 7/31/2022 262.91 DSRSD SERVICE TO 7/31/2022 267.36 DSRSD SERVICE TO 7/31/2022 180.95 DSRSD SERVICE TO 7/31/2022 302.09 DSRSD SERVICE TO 7/31/2022 132.52 DSRSD SERVICE TO 7/31/2022 51.36 DSRSD SERVICE TO 7/31/2022 94.20 DSRSD SERVICE TO 7/31/2022 119.44 DSRSD SERVICE TO 7/31/2022 94.96 DSRSD SERVICE TO 7/31/2022 98.62 DSRSD SERVICE TO 7/31/2022 120.97 DSRSD SERVICE TO 7/31/2022 169.93 DSRSD SERVICE TO 7/31/2022 290.80 DSRSD SERVICE TO 7/31/2022 302.26 DSRSD SERVICE TO 7/31/2022 142.76 108 Print Date: 9/30/2022 Page 4 of 18 Date Issued Payee DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD 9/2/2022 9/2/2022 9/2/2022 9/2/2022 9/2/2022 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Description SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 SERVICE TO 7/31/2022 Check Total: EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 8/26/22 HEALTHEQUITY, INC. HEALTHEQUITY: PE 8/26/22 ICMA 401 PLAN DEFERRED COMP 401 A: PE 8/26/22 ICMA 457 PLAN DEFERRED COMP 457: PE 8/26/22 US BANK - PARS PARS: PE 8/26/22 Payments Issued 9/2/2022 Total: 9/7/2022 U.S. BANK CORPORATE PMT SYSTEM PURCHASE CARD STATEMENT JUL 2022 Payments Issued 9/7/2022 Total: 9/8/2022 9/8/2022 9/8/2022 9/8/2022 9/8/2022 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS SERVICES AT&T SERVICE TO PSC 08/14/2022 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION Check Total: BOUND TREE MEDICAL, LLC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. 9/8/2022 CIVICWELL 9/8/2022 EAST BAY POOL SERVICE, INC. 9/8/2022 HIREAUVPRO.COM POLICE EVIDENCE SUPPLIES REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR Check Total: ICLEI MEMBER DUES THE WAVE POOL & SLIDE MAINTENANCE SPLATTER FESTIVAL DRONE SHOW Amount 153.12 308.87 187.42 94.96 95.89 57.86 57.86 57.86 57.86 57.86 57.86 215.42 206.52 234.06 245.11 218.41 80.46 254.01 229.89 7,169.71 21,344.31 3,269.14 1,714.91 23,394.10 4,103.49 399,920.87 39,150.60 39,150.60 5,382.00 50.24 85.00 890.72 975.72 208.13 535.50 357.00 140.00 420.00 1,452.50 1,200.00 10,560.00 40,000.i 109 Print Date: 9/30/2022 Page 5 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee Description 9/8/2022 MEYERS NAVE FALLON VILLAGE GHAD PROF SVCS JUL 2022 MEYERS NAVE SCHAEFER RANCH GHAD PROF SVCS JUL 2022 Check Total: 9/8/2022 MINUTEMAN PRESS DUBLIN BLVD PAVEMENT NOTICE PRINTING 9/8/2022 NATIONAL AQUATIC SAFETY CO LLC LIFEGUARD AUDIT AND TRAINING 9/8/2022 PLEASANTON VIP SENIOR CLUB SENIOR TRAVEL PROGRAM - AUG 23, 2022 TRIP 9/8/2022 QUADIENT FINANCE USA, INC. POSTAGE FOR POLICE DEPT - JUL 2022 9/8/2022 R. YOUNAN LLC YOUTH SPORTS INSTRUCTION 9/8/2022 SKATESATIONAL SKATING INSTRUCTIONAL SVCS 9/8/2022 THE FORD STORE SAN LEANDRO 2022 FORD EXPLORER POLICE VEHICLE (D17) 9/8/2022 UNIVAR SOLUTIONS THE WAVE POOL CHEMICALS 9/8/2022 VALERIE DEAM IRISH DANCE INSTRUCTION VALERIE DEAM IRISH DANCE INSTRUCTION VALERIE DEAM IRISH DANCE INSTRUCTION VALERIE DEAM IRISH DANCE INSTRUCTION VALERIE DEAM IRISH DANCE INSTRUCTION Check Total: 9/8/2022 WARREN PAYLADO ART CLASS INSTRUCTION Payments Issued 9/8/2022 Total: 9/13/2022 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS SERVICES ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS SERVICES ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS SERVICES 9/13/2022 AMP PRINTING, INC. BUSINESS CARDS-PD STAFF AMP PRINTING, INC. BUSINESS CARDS-PCS STAFF 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 AMY'S ENGRAVED SIGNS & AWARDS AT&T AT&T AT&T BARG COFFIN LEWIS & TRAPP, LLP BAY AREA NEWS GROUP BLUETOAD, INC. BRINKS, INC. BUBBLEMANIA AND COMPANY LLC BUSTA-GROOVE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. EMPLOYEE NAMEPLATE SERVICE TO FS2-3 08/26/2022 SERVICE TO PW FAX 08/27/2022 SERVICE TO SHANNON FAX 08/27/2022 Check Total: Check Total: Check Total: LEGAL SERVICES - ATTORNEY FEES ADVERTISING FOR SPLATTER 2022 FALL/WINTER E-GUIDE ARMORED CAR SERVICE AUG 2022 SPLATTER FESTIVAL ENTERTAINMENT PERFORMANCE AT 40TH ANNIVERSARY GALA REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR Amount 2,614.50 3,001.00 5,615.50 853.81 2,131.40 250.00 299.70 936.00 480.00 40,842.08 2,544.39 352.80 201.60 201.60 352.80 352.80 1,461.60 2,149.20 117,392.27 5,740.80 717.60 1,076.40 7,534.80 105.94 153.08 259.02 27.56 330.71 26.38 26.38 383.47 2,200.00 1,772.00 855.00 260.12 735.00 3,500.00 1,666.00 595.00 595.00 560.00 560.00 560110 Print Date: 9/30/2022 Page 6 of 18 Date Issued Payee 9/13/2022 CAMELLIA PLACE CAMELLIA PLACE 9/13/2022 CASTRO VALLEY PERFORMING ARTS DANCE LESSONS INSTRUCTION CASTRO VALLEY PERFORMING ARTS DANCE LESSONS INSTRUCTION 9/13/2022 CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT 9/13/2022 CITY OF FOSTER CITY 9/13/2022 CODE FOR FUN CODE FOR FUN CODE FOR FUN 9/13/2022 COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY 9/13/2022 CONTRACT SWEEPING SERVICES 9/13/2022 COOKING ROUND THE WORLD COOKING ROUND THE WORLD COOKING ROUND THE WORLD 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 DARING ARTS MOVEMENT DEPARTMENT OF JUSTICE DRYCO CONSTRUCTION, INC. DUBLIN FAMILY LP DUBLIN STATION BY WINDSOR City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Description Amount Check Total: 4,536.00 COVID-19 RENT ASSISTANCE PROGRAM 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 6,000.00 Check Total: 12,000.00 865.20 1,236.00 Check Total: 2,101.20 AQUA AEROBICS FITNESS INSTRUCTOR 115.20 AQUA AEROBICS FITNESS INSTRUCTOR 62.40 AQUA AEROBICS FITNESS INSTRUCTOR 105.60 AQUA AEROBICS FITNESS INSTRUCTOR 91.20 AQUA AEROBICS FITNESS INSTRUCTOR 86.40 AQUA AEROBICS FITNESS INSTRUCTOR 52.80 AQUA AEROBICS FITNESS INSTRUCTOR 100.80 AQUA AEROBICS FITNESS INSTRUCTOR 81.60 AQUA AEROBICS FITNESS INSTRUCTOR 115.20 AQUA AEROBICS FITNESS INSTRUCTOR 91.20 AQUA AEROBICS FITNESS INSTRUCTOR 91.20 Check Total: 993.60 CALOPPS ANNUAL FEE FY 22-23 3,786.00 CODING INSTRUCTION 203.00 CODING INSTRUCTION 406.00 CODING INSTRUCTION 609.00 Check Total: 1,218.00 AFTER SCHOOL ENRICHMENT 343.00 AFTER SCHOOL ENRICHMENT 857.50 AFTER SCHOOL ENRICHMENT 343.00 AFTER SCHOOL ENRICHMENT 201.60 AFTER SCHOOL ENRICHMENT 336.00 AFTER SCHOOL ENRICHMENT 840.00 AFTER SCHOOL ENRICHMENT 504.00 AFTER SCHOOL ENRICHMENT 672.00 AFTER SCHOOL ENRICHMENT 672.00 Check Total: 4,769.10 STREET SWEEPING SERVICES - MAR 2022 463.50 COOKING CLASSES INSTRUCTION 2,850.00 COOKING CLASSES INSTRUCTION 2,850.00 COOKING CLASSES INSTRUCTION 481.40 Check Total: 6,181.40 SPLATTER FESTIVAL ENTERTAINMENT 1,200.00 FINGERPRINTING SERVICES JULY 2022 160.00 BOND/DEPOSIT REFUND 2,050.00 COVID-19 RENT ASSISTANCE PROGRAM 754.00 COVID-19 RENT ASSISTANCE PROGRAM 6,000111 Print Date: 9/30/2022 Page 7 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee 9/13/2022 EVERYTHING GROWS INTERIOR 9/13/2022 FAIRWAY FAMILY FAIRWAY FAMILY FAIRWAY FAMILY 9/13/2022 FUN WITH ACADEMICS, LLC FUN WITH ACADEMICS, LLC 9/13/2022 9/13/2022 9/13/2022 GHILOTTI BROS, INC. GOODFELLOW SEQUOIA AJV GURUS EDUCATION EAST BAY GURUS EDUCATION EAST BAY GURUS EDUCATION EAST BAY 9/13/2022 INTERNATIONAL CODE COUNCIL INC INTERNATIONAL CODE COUNCIL INC 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 LANA STARR LOGOBOSS MAKE ME A PRO SPORTS MINUTEMAN PRESS NATIONAL LEAGUE OF CITIES ON THE VINE CATERING PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E 9/13/2022 PLAY -WELL TEKNOLOGIES PLAY -WELL TEKNOLOGIES 9/13/2022 PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY 9/13/2022 RAY L DUEY Description INTERIOR PLANT CARE & MAINT AUG 2022 COVID-19 RENT ASSISTANCE PROGRAM COVID-19 RENT ASSISTANCE PROGRAM COVID-19 RENT ASSISTANCE PROGRAM Check Total: AFTER SCHOOL SUMMER CAMPS AFTER SCHOOL SUMMER CAMPS Check Total: DUBLIN BLVD PAVEMENT REHAB PROJECT IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD PUBLIC SPEAKING & EFFECTIVE WRITING PUBLIC SPEAKING & EFFECTIVE WRITING PUBLIC SPEAKING & EFFECTIVE WRITING Check Total: ICC CODE BOOKS -'21 ISPSC SWIMMING POOL J MANUAL: RES LOAD CALC - 8TH - ICC BOOK Check Total: FLOWERS/CENTERPIECES RUBY AFFAIR BUSINESS ANNIVERSARY PLAQUES EDUCATIONAL SPORTS CAMPS TASTE THE WORLD IN DUBLIN CAMPAIGN NATIONAL LEAGUE OF CITIES DUES FY 22-23 CATERING FOR THE RUBY AFFAIR GALA SERVICE TO EGP 08/11/2022 SERVICE TO BRAY CMMN 08/11/2022 SERVICE TO PIAZZA SORRENTO 08/11/2022 SERCVICE TO DEVANY 08/11/2022 SERVICE TO 3142 CENTRAL PKWY 08/11/2022 SERVICE TO FALLON IRRIG 08/11/2022 SERVICE TO VARIOUS IRRIG 08/11/2022 SERVICE TO VARIOUS IRRIG 08/11/2022 SERVICE TO TASSAJARA TC 08/10/2022 SERVICE TO FALLON TC 08/12/2022 SERVICE TO DB TC 08/12/2022 Check Total: STEM INSTRUCTION STEM INSTRUCTION Check Total: MAT SERVICES - SHANNON AUG 2022 MAT SERVICES - CORP YARD AUG 2022 MAT SERVICES - SHANNON AUG 2022 MAT SERVICES - SENIOR CTR AUG 2022 Check Total: SPLATTER FESTIVAL ENTERTAINMENT Amount 204.51 6,000.00 2,395.00 3,000.00 11,395.00 139.30 417.90 557.20 23,731.80 679,375.00 5,850.00 356.40 409.50 6,615.90 181.91 165.38 347.29 2,745.00 3,174.49 3,348.00 121.39 4,106.00 22,665.79 2,224.61 67.54 16.21 17.88 13.09 9.86 36.26 68.70 103.09 109.93 103.87 2,771.04 2,013.00 951.60 2,964.60 68.50 45.80 80.90 86.12 281.32 1,500112 Print Date: 9/30/2022 Page 8 of 18 Date Issued 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 9/13/2022 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Payee ROBERT FERGUSON S & J ADVERTISING INC SELECT IMAGING SHUK I EROS LO SIMPLER SYSTEMS, INC SIMPLER SYSTEMS, INC SIMPLER SYSTEMS, INC SIMPLER SYSTEMS, INC SPECIAL EVENTS SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES STANFORD HEALTH -VALLEYCARE STEMLAB, LLC SUZANNE YOUNG THE THEATER FACTORY THOMAS T. WEI TRI-VALLEY COMMUNITY TV VALERIE DEAM VALERIE DEAM 9/13/2022 VILLAGE MUSIC SCHOOL 9/13/2022 WARREN PAYLADO WARREN PAYLADO 9/13/2022 WATERFORD PLACE APARTMENTS 9/13/2022 WEE HOOP, INC. WEE HOOP, INC. 9/13/2022 WESCO GRAPHICS INC 9/13/2022 WFG NATIONAL TITLE INSURANCE 9/13/2022 WILLDAN HOMELAND SOLUTIONS 9/16/2022 ALEXANDER GONSALVES 9/16/2022 DYLAN OLINGHOUSE-CHIANG 9/16/2022 ELIZABETH ELLIOTT Description SKATING INSTRUCTION SPLATTER FESTIVAL ADVERTISEMENTS CMO MAILING LABELS LIVESCAN PAYMENT REIMBURSEMENT IMPLEMENT SIMPLER 2.0 SIMPLER SOFTWARE LICENSING SUPPORT AUG SIMPLER SOFTWARE LICENSING SUPPORT SEP SIMPLER SOFTWARE LICENSING SUPPORT JUL Check Total: THURSDAY NIGHT CONCERT EQUIPMENT YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES Check Total: EMPLOYEE MEDICAL SERVICES STEM LEARNING INSTRUCTION COVID-19 RENT ASSISTANCE PROGRAM THEATER AND FILM INSTRUCTION COVID-19 RENT ASSISTANCE PROGRAM RECORD/TELEVISE CITY COUNCIL & PLNG COMM IRISH DANCE INSTRUCTION IRISH DANCE INSTRUCTION Check Total: MUSIC INSTRUCTION ART CLASS INSTRUCTION ART CLASS INSTRUCTION Check Total: COVID-19 RENT ASSISTANCE PROGRAM BASKETBALL INSTRUCTION BASKETBALL INSTRUCTION Check Total: ACTIVITY GUIDE & CITY REPORTS PRINTING TITLE GUARANTEE 7190 INCLINED PL CODE ENF ENERGY EFFICIENCY/INFRASTRUCTURE IMPROV Payments Issued 9/13/2022 Total: MILEAGE REIMBURSEMENT AUG 2022 MILEAGE REIMBURSEMENT AUG 2022 MILEAGE REIMBURSEMENT AUG 2022 Amount 2,884.20 420.00 1,150.83 45.43 123.95 1,500.00 1,500.00 1,500.00 4,623.95 1,431.55 2,382.60 1,881.00 2,131.80 2,006.40 752.40 1,254.00 2,508.00 2,131.80 15,048.00 70.00 1,950.00 3,390.00 4,959.00 6,000.00 539.54 453.60 504.00 957.60 2,484.00 1,440.00 840.00 2,280.00 4,300.00 864.00 561.60 1,425.60 10,700.34 425.00 492,668.00 1,387,397.14 179.01 111.15 28113 Print Date: 9/30/2022 Page 9 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee 9/16/2022 JEAN JOSEY 9/16/2022 KATIE RAASCH 9/16/2022 MICHAEL CASS 9/16/2022 NICOLE WANZENRIED 9/16/2022 ZARIAN PETITHOMME 9/17/2022 9/17/2022 9/17/2022 9/17/2022 9/17/2022 9/17/2022 9/17/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 Description NLC SUMMER BOARD CONF REIMB 2022 MILEAGE REIMBURSEMENT AUG 2022 EMPLOYEE APPRECIATION PICNIC SUPPLIES MILEAGE REIMBURSEMENT AUG 2022 MILEAGE REIMBURSEMENT AUG 2022 Payments Issued 9/16/2022 Total: CAL PERS PERS RETIREMENT PLAN: PE 9/9/22 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 9/9/22 HEALTHEQUITY, INC. HEALTHEQUITY: PE 9/9/22 ICMA 401 PLAN DEFERRED COMP 401A: PE 9/9/22 ICMA 457 PLAN DEFERRED COMP 457: PE 9/9/22 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 9/9/22 US BANK - PARS PARS: PE 9/9/22 Payments Issued 9/17/2022 Total: ADAMSON POLICE PRODUCTS ALAMEDA CO SHERIFF'S OFFICE ALAMEDA COUNTY FIRE ALAMEDA COUNTY INFO TECH DEPT ALL CITY MANAGEMENT SVCS INC ALL CITY MANAGEMENT SVCS INC ANGEL HOUZE CLAY ART AT&T AT&T AT&T AT&T AT&T 9/20/2022 AT&T - CALNET 3 AT&T - CALNET 3 AT&T - CALNET 3 AT&T - CALNET 3 9/20/2022 9/20/2022 9/20/2022 9/20/2022 AVALON BAY COMMUNITIES, INC. BAY AREA NEWS GROUP BEST LOCKERS, LLC BIG O'TIRES #7 BIG O'TIRES #7 BIG O'TIRES #7 BIG O'TIRES #7 9/20/2022 CA SURVEYING & DRAFTING SUPPLY POLICE SUPPLIES BEHAVIORAL HEALTH UNIT CARDS FIRE SERVICES AUG 2022 PICTOMETRY AERIAL IMAGING LICENSE SCHOOL CROSSING GUARD SVCS SCHOOL CROSSING GUARD SVCS Check Total: CLAY ARTS INSTRUCTION SERVICE TO FS16 08/27/2022 SERVICE TO CIVIC 08/27/2022 CLARK AVE 08/27/2022 CLARK AVE 08/27/2022 PSC 600M INTERNET DATA SERVICES Check Total: ASE CIRCUITS -SERVICE TO 8/31/22 9391081339 SHANNON CENTER ALARM 9391063350 SHANNON CENTER T1 9391033796 SENIOR CTR T1 9391033794 Check Total: COVID-19 RENT ASSISTANT PROGRAM PUBLIC NOTICE AUGUST 2022 - DISTRICT THE WAVE LOCKER SERVICE POLICE VEHICLE MAINT & TIRE INSTALLATION POLICE VEHICLE MAINT & TIRE INSTALLATION POLICE VEHICLE MAINT & TIRE INSTALLATION POLICE VEHICLE MAINT & TIRE INSTALLATION Check Total: LARGE FORMAT COLOR PLOTTER SUPPLIES Amount 122.57 3.51 120.00 55.58 379.96 1,000.21 85,037.71 22,065.76 4,769.14 1,714.91 23,684.18 69,784.29 4,358.03 211,414.02 52.81 4.84 1,299,913.08 2,400.00 1,818.72 12,747.51 14, 566.23 450.00 51.08 26.38 26.38 26.38 1,755.15 1,885.37 2,724.51 23.82 167.08 167.08 3,082.49 6,000.00 124.12 6,780.06 80.26 197.05 644.50 155.46 1,077.27 921114 Print Date: 9/30/2022 Page 10 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee 9/20/2022 CARAHSOFT 9/20/2022 CARBONIC SERVICE CARBONIC SERVICE 9/20/2022 CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT CHRISTINE PETIT 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 CLUB V.I.P. VOLLEYBALL CMC NEPTUNE COGENT COMMUNICATIONS, INC COMCAST DELTA DENTAL OF CALIFORNIA DIABLO PUBLICATIONS DIPIETRO & ASSOC. INC DREAM RIDE ELEVATOR DREAM RIDE ELEVATOR 9/20/2022 DU -ALL SAFETY, LLC 9/20/2022 EAST BAY POOL SERVICE, INC. EAST BAY POOL SERVICE, INC. 9/20/2022 EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS Description DOCUSIGN ENVELOPES & PREMIER SUPPORT THE WAVE POOL CHEMICALS & MAINT THE WAVE POOL CHEMICALS & MAINT Check Total: AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR AQUA AEROBICS FITNESS INSTRUCTOR Check Total: VOLLEYBALL INSTRUCTION THE WAVE RADIO ADS CIVIC CENTER INTERNET SERVICE COMCAST CIVIC CENTER CABLE SEPT 2022 DELTA DENTAL PREMIUM - AUGUST 2022 DIABLO MAGAZINE ADVERTISEMENT ANNUAL AED PROGRAM MANAGEMENT ELEVATOR MAINTENANCE SERVICES - JUL 2022 ELEVATOR MAINTENANCE SERVICES - AUG 2022 Check Total: APRIL 2022 PROFESSIONAL SAFETY THE WAVE POOL & SLIDE MAINTENANCE OPERATIONAL CHEMICALS FOR THE WAVE Check Total: POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE Amount 31,274.63 683.00 567.44 1,250.44 67.20 100.80 72.00 91.20 81.60 115.20 57.60 115.20 105.60 115.20 96.00 110.40 115.20 144.00 144.00 144.00 110.40 110.40 144.00 100.80 144.00 2,284.80 1,407.00 1,200.00 6,657.00 118.78 12,591.66 4,035.00 3,174.94 516.00 516.00 1,032.00 307.66 10,560.00 1,703.75 12, 263.75 694.77 400.00 951.87 330115 Print Date: 9/30/2022 Page 11 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS EUROPEAN MOBILE WERKS 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 FAIRWAY FAMILY FIRST STREET TOW HEALTHEQUITY, INC. IRON MOUNTAIN IRON MOUNTAIN IRON MOUNTAIN Description POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE POLICE VEHICLE MAINTENANCE Check Total: COVID-19 RESIDENTIAL RENT ASSISTANCE POLICE EVIDENCE TOW FLEXIBLE SPENDING ACCOUNT FEES POLICE RECORDS STORAGE JUL 2022 POLICE RECORDS STORAGE AUG 2022 POLICE RECORDS STORAGE SEP 2022 Check Total: KEYSER MARSTON ASSOCIATES, INC REAL ESTATE CONSULTING SERVICES KIMLEY-HORN AND ASSOC. INC. SCS DUBLIN ENVIRONMENTAL IMPACT REPORT KIMLEY-HORN AND ASSOC. INC. SCS DUBLIN ENVIRONMENTAL IMPACT REPORT Check Total: LANGUAGE LINE SERVICES LAN LOGIC INC. LEHR AUTO LIVERMORE AUTO GROUP LIVERMORE AUTO GROUP LIVERMORE AUTO GROUP LIVERMORE AUTO GROUP LIVERMORE AUTO GROUP 9/20/2022 LSA ASSOCIATES INC. LSA ASSOCIATES INC. LSA ASSOCIATES INC. LSA ASSOCIATES INC. 9/20/2022 9/20/2022 9/20/2022 9/20/2022 LYNX TECHNOLOGIES, INC. MCE CORPORATION PARKWAY BODY SHOP PG&E PG&E PG&E PG&E PG&E PG&E LANGUAGE LINE SERVICES AUG 2022 INFORMATION SYSTEMS CONSULTING SVCS POLICE VEHICLE MAINT & REPAIRS POLICE VEHICLE MAINT & REPAIRS POLICE VEHICLE MAINT & REPAIRS POLICE VEHICLE MAINT & REPAIRS POLICE VEHICLE MAINT & REPAIRS POLICE VEHICLE MAINT & REPAIRS Check Total: CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2 CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2 CEQA DOC PREP-BRANAUGH PROP STAGE 2 CEQA DOC PREP-BRANAUGH PROP STAGE 2 Check Total: GIS CONSULTING SERVICES MAINTENANCE SERVICES - JUL 2022 POLICE VEHICLE REPAIRS SERVICE TO SCH RNCH PARK 08/29/2022 IRRIGATION 08/08/2022 SERVICE TO SEAN DIAMOND 08/28/2022 SERVICE TO DB PED IRRIG 08/29/2022 SERVICE TO VARIOUS IRRIG 08/09/2022 SERVICE TO VARIOUS IRRIG 08/11/2022 Amount 169.47 211.38 228.99 644.43 200.00 1,903.79 399.33 625.18 657.27 7,417.37 6,000.00 315.00 417.50 365.42 373.67 372.67 1,111.76 12,790.00 39,954.59 26,819.44 66,774.03 56.55 6,596.00 322.05 94.06 481.75 109.99 1,567.44 1,664.09 3,917.33 10,031.25 12,140.00 12,009.97 10,050.13 44,231.35 9,525.00 519,223.94 428.55 297.66 2,838.69 158.58 14.16 309.74 27116 Print Date: 9/30/2022 Page 12 of 18 Date Issued Payee PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E PG&E 9/20/2022 9/20/2022 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 PRO CYCLES PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY 9/20/2022 QUADIENT FINANCE USA, INC. QUADIENT FINANCE USA, INC. 9/20/2022 QUADIENT, INC. 9/20/2022 RAYNE OF SAN JOSE RAYNE OF SAN JOSE RAYNE OF SAN JOSE 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 9/20/2022 REGENCY CENTERS ROTH STAFFING COMPANIES, L.P. SELECT IMAGING STANFORD HEALTH -VALLEYCARE STONERIDGE CHRYSLER JEEP STUDIO 8 DANCE & PERFORMING T-MOBILE USA, INC. TRI-VALLEY JANITORIAL INC. UNITED SITE SERVICES OF CA INC Description SERVICE TO PSC 08/15/2022 SERVICE TO 6795 DOUGHERTY 09/01/2022 SERVICE TO AVB TC 08/29/2022 SERVICE TO VARIOUS 1997-1 08/11/2022 SERVICE TO SL 08/16/2022 SERVICE TO CENTRAL SL 08/16/2022 SERVICE TO SR CTR 08/11/2022 SERVICE TO AVELLINA SL 08/12/2022 SERVICE TO PSC 08/15/2022 SERVICE TO FS18 08/11/2022 SERVICE TO HPM 08/29/2022 Check Total: POLICE MOTORCYCLE MAINTENANCE MAT SERVICES - CIVIC AUG 2022 MAT SERVICES - CORP YARD AUG 2022 MAT SERVICES - CORP YARD SEP 2022 MAT SERVICES - PSC AUG 2022 MAT SERVICES - PSC SEP 2022 MAT SERVICES - CIVIC SEP 2022 MAT SERVICES - SENIOR CTR AUG 2022 MAT SERVICES - SENIOR CTR SEP 2022 MAT SERVICES - SHANNON AUG 2022 MAT SERVICES - SHANNON AUG 2022 MAT SERVICES - WAVE AUG 2022 MAT SERVICES - WAVE SEP 2022 MAT SERVICES - SHANNON SEP 2022 POSTAGE FOR POLICE-JUN 2022 POSTAGE FOR POLICE-JUL 2022 Check Total: Check Total: EQUIPMENT RENTAL WATER SOFTENER SERVICES - F/S16 SEP 2022 WATER SOFTENER SERVICES - F/S17 SEP 2022 WATER SOFTENER SERVICES - F/S18 SEP 2022 Check Total: SALES TAX REIMB PROGRAM - YEAR 6 TEMPORARY OFFICE SUPPORT EMPLOYEE NAME BADGES EMPLOYEE MEDICAL SERVICES POLICE VEHICLE MAINTENANCE & REPAIR DANCE INSTRUCTION PIO CELL PHONE SERVICES THRU 8/20/22 JANITORIAL SERVICES - EXTRA SERVICES AUG SEPTIC TANK SVCS-BLDG INSP TRAILER AUG Amount 1,056.73 11.28 66.70 57.86 69.33 9.89 852.79 282.86 3,510.02 598.64 951.26 11,113.77 275.59 90.43 47.17 47.17 47.79 47.79 90.43 88.75 88.75 83.33 68.50 55.83 55.83 83.33 895.10 299.70 258.21 557.91 99.06 225.40 247.00 194.35 666.75 75,000.00 1,760.00 50.05 70.00 537.36 1,915.44 99.41 6,772.50 s2o.'117 Print Date: 9/30/2022 Page 13 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee UNITED SITE SERVICES OF CA INC 9/20/2022 UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES UNIVERSAL BUILDING SERVICES 9/20/2022 VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS 9/20/2022 9/20/2022 WC3-WEST COAST CODE WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS 9/22/2022 WESCO GRAPHICS INC 9/26/2022 ADVANCED INTEGRATED PEST ADVANCED INTEGRATED PEST ADVANCED INTEGRATED PEST 9/26/2022 ARORA TENNIS & FITNESS ACADEMY ARORA TENNIS & FITNESS ACADEMY ARORA TENNIS & FITNESS ACADEMY ARORA TENNIS & FITNESS ACADEMY ARORA TENNIS & FITNESS ACADEMY ARORA TENNIS & FITNESS ACADEMY ARORA TENNIS & FITNESS ACADEMY Description SEPTIC TANK SVCS-BLDG INSP TRAILER JUL Check Total: CARPET CLEANING SVCS - CIVIC JUL 2022 CARPET CLEANING SVCS - CIVIC JUL 2022 CARPET CLEANING SVCS - LIBRARY JUL 2022 CARPET CLEANING SVCS - LIBRARY JUL 2022 CARPET CLEANING SVCS - SENIOR CENTER JUL CARPET CLEANING SVCS - SENIOR CENTER JUL CARPET CLEANING SVCS - SHANNON JUL 2022 CARPET CLEANING SVCS - SHANNON JUL 2022 CARPET CLEANING SVCS - WAVE JUL 2022 CARPET CLEANING SVCS - WAVE JUL 2022 CARPET CLEANING SVCS - CIVIC AUG 2022 CARPET CLEANING SVCS - SHANNON AUG 2022 CARPET CLEANING SVCS - WAVE AUG 2022 Check Total: CELL SERVICE FOR PD CAMERAS CELL SERVICE FOR PD CAMERAS CELL SERVICE FOR PD CAMERAS Check Total: BLDG. PLAN REVIEW SERVICES - AUG 2022 SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS Check Total: Payments Issued 9/20/2022 Total: ACTIVITY GUIDE & CITY REPORTS PRINTING Payments Issued 9/22/2022 Total: PEST CONTROL SERVICES - JUN 2022 PEST CONTROL SERVICES - JUL 2022 PEST CONTROL SERVICES - AUG 2022 TENNIS AND FITNESS INSTRUCTION TENNIS AND FITNESS INSTRUCTION TENNIS AND FITNESS INSTRUCTION TENNIS AND FITNESS INSTRUCTION TENNIS AND FITNESS INSTRUCTION TENNIS AND FITNESS INSTRUCTION TENNIS AND FITNESS INSTRUCTION Check Total: Amount 632.63 1,452.76 566.00 34.47 240.00 14.62 660.00 40.19 1,142.00 69.55 33.98 558.00 1,353.71 1,377.05 878.43 6,968.00 3,496.92 1,359.36 3,496.92 8,353.20 6,320.00 549.60 592.20 3,022.80 1,974.00 1,374.00 1,381.80 8,894.40 2,225,782.81 7,824.80 7,824.80 5,060.00 5,060.00 5,060.00 15,180.00 2,511.60 748.80 561.60 312.00 312.00 312.00 35118 Print Date: 9/30/2022 Page 14 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee Description Amount ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 424.80 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 424.80 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 273.00 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 218.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 277.20 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 277.20 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 369.60 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 554.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 259.20 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 324.00 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 462.00 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 554.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 462.00 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 712.80 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 518.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 462.00 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 554.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 369.60 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 554.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 277.20 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 291.60 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 291.60 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 486.00 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 518.40 ARORA TENNIS & FITNESS ACADEMY TENNIS AND FITNESS INSTRUCTION 388.80 Check Total: 15,418.20 9/26/2022 ALAMEDA COUNTY ENVIRONMENTAL SHANNON PARK WATER PLAY AREA 953.00 ALAMEDA COUNTY ENVIRONMENTAL CIVIC CENTER 3,662.00 Check Total: 4,615.00 9/26/2022 ALPHA MEDIA LLC SPLATTER FESTIVAL ADVERTISING 1,100.00 ALPHA MEDIA LLC SPLATTER FESTIVAL ADVERTISING 1,900.00 Check Total: 3,000.00 9/26/2022 AMY'S ENGRAVED SIGNS & AWARDS EMPLOYEE NAMEPLATE- DWYER 27.56 9/26/2022 ANGELA QIAN UTILITY BOX ART 2022 1,000.00 9/26/2022 BARG COFFIN LEWIS & TRAPP, LLP LEGAL SERVICES - ATTORNEY FEES 165.00 9/26/2022 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 426.02 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 197.05 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 1,237.32 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 90.78 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 1,910.34 Check Total: 3,861.51 9/26/2022 BRINKS, INC. ARMORED CAR SERVICE SEP 2022 257.44 9/26/2022 BSK ASSOCIATES INC. CONSTRTESTING DUBLIN BL PAVEMENT REHAB 593.00 BSK ASSOCIATES INC. VETERANS ART SPECIAL INSPECTIONS 675 - Print Date: 9/30/2022 Page 15 of 18 Date Issued Payee City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 9/26/2022 CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. CALIFORNIA SPIRIT ELITE, INC. 9/26/2022 CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS CASTRO VALLEY PERFORMING ARTS 9/26/2022 CHANDLER ASSET MANAGEMENT CHANDLER ASSET MANAGEMENT 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 CHLOE RONG COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY COMMUNICATION ACADEMY CONTRACT SWEEPING SERVICES COSTAR REALTY INFORMATION INC. D HARRIS TOURS, INC DENALECT ALARM COMPANY DJS MEDIA CONSULTING DUTCHOVER & ASSOCIATES DUTCHOVER & ASSOCIATES ELLE GRINTSAIG ENGEO INC ENGEO INC ENGEO INC ENGEO INC ENGEO INC ENGEO INC Description Amount Check Total: 1,268.50 REC CLASS INSTRUCTOR 297.50 REC CLASS INSTRUCTOR 178.50 REC CLASS INSTRUCTOR 262.50 REC CLASS INSTRUCTOR 70.00 REC CLASS INSTRUCTOR 350.00 REC CLASS INSTRUCTOR 140.00 REC CLASS INSTRUCTOR 140.00 Check Total: 1,438.50 DANCE LESSONS INSTRUCTION 3,213.60 DANCE LESSONS INSTRUCTION 512.40 DANCE LESSONS INSTRUCTION 739.20 DANCE LESSONS INSTRUCTION 366.00 DANCE LESSONS INSTRUCTION 345.60 DANCE LESSONS INSTRUCTION 633.60 DANCE LESSONS INSTRUCTION 172.80 DANCE LESSONS INSTRUCTION 460.80 DANCE LESSONS INSTRUCTION 439.20 Check Total: 6,883.20 INVESTMENT CONSULTING SVCS JUL 2022 11,851.32 INVESTMENT CONSULTING SVCS AUG 2022 11,836.34 Check Total: 23,687.66 UTILITY BOX ART 2022 1,000.00 AFTER SCHOOL ENRICHMENT 343.00 AFTER SCHOOL ENRICHMENT 531.00 AFTER SCHOOL ENRICHMENT 177.00 AFTER SCHOOL ENRICHMENT 878.40 Check Total: 1,929.40 STREET SWEEPING SERVICES - AUG 2022 22,181.67 COMMERCIAL REAL ESTATE SOFTWARE 7,784.04 SHUTTLE FOR SPLATTER FESTIVAL 1,900.00 QUARTERLY ALARM CHARGE F/S 18 SEP 2022 363.00 PROSTPROD SVCS FOR 40TH ANNIVERSARY 687.50 ENGINEERING PLAN REVIEW SVCS - JUL 2022 230.00 LANDSCAPE PLAN CHECK & INSPECTIONS 1,393.75 Check Total: 1,623.75 PICTURE THIS TEMP ART 300.00 SCHAEFER RANCH GHAD PROF SVCS AUG 2022 13,643.28 SCHAEFER RANCH GHAD PROF SVCS JUL 2022 6,830.03 FALLON VILLAGE GHAD PROF SVCS AUG 2022 5,104.00 FALLON VILLAGE GHAD PROF SVCS JUL 2022 3,299.76 FALLON CROSSING GHAD PROF SVCS AUG 2022 1,427.50 FALLON CROSSING GHAD PROF SVCS JUL 2022 1,215.80 Check Total: 31,52 120 Print Date: 9/30/2022 Page 16 of 18 Date Issued 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Payee GHILOTTI BROS, INC. GLADWELL GOVERNMENTAL SVCS GROUP 4 ARCHITECTURE, GUIDA SURVEYING INC. INTEGRA PLANNING & LANDSCAPE IRIS SHEN JOY MARIE HALLARE KIDZ LOVE SOCCER MAKE ME A PRO SPORTS MAKE ME A PRO SPORTS MAKE ME A PRO SPORTS MAKE ME A PRO SPORTS 9/26/2022 MARK THOMAS & COMPANY, INC. MARK THOMAS & COMPANY, INC. 9/26/2022 MCE CORPORATION 9/26/2022 MEYERS NAVE 9/26/2022 M-GROUP M-GROUP 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 MNS ENGINEERS, INC. NICHOLS CONSULTING ENGINEERS NORTHERN LIGHTS PAGE & TURNBULL INC PAKPOUR CONSULTING GROUP, INC. PAKPOUR CONSULTING GROUP, INC. 9/26/2022 PLAY -WELL TEKNOLOGIES PLAY -WELL TEKNOLOGIES 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 PRUDENTIAL OVERALL SUPPLY QUADIENT LEASING USA, INC. QUETEL CORPORATION RANJINI VENKATACHARI REDWOOD TOXICOLOGY LAB. INC. REDWOOD TOXICOLOGY LAB. INC. REDWOOD TOXICOLOGY LAB. INC. REDWOOD TOXICOLOGY LAB. INC. REKHA JOSHI ROTARY CLUB OF DUBLIN, CA ROTH STAFFING COMPANIES, L.P. ROTH STAFFING COMPANIES, L.P. Description DUBLIN BLVD PAVEMENT REHAB PROJECT RECORDS MANAGEMENT ASSISTANCE WORKSPACE PLANNING STUDY ENGINEERING PLAN REVIEW SVCS - JUL 2022 ENGINEERING PLAN REVIEW SVCS - JUL 2022 UTILITY BOX ART 2022 UTILITY BOX ART 2022 YOUTH ACTIVITIES EDUCATIONAL SPORTS CAMPS EDUCATIONAL SPORTS CAMPS EDUCATIONAL SPORTS CAMPS EDUCATIONAL SPORTS CAMPS Check Total: IRON HORSE TRAIL CROSSING DESIGN JUN 2022 IRON HORSE TRAIL CROSSING DESIGN JUL 2022 Check Total: MAINTENANCE SERVICES - AUG 2022 LEGAL SERVICES JUL 2022 PLANNING SVCS-BOULEVARD PH 1-5 PLANNING SVCS-BOULEVARD PH 1-5 Check Total: FALLON SPORTS PARK PH3 PW INSP DESIGN SVCS-IRON HORSE NATURE PARK SPLATTER STAGE AND LIGHT RENTALS CAMP PARK SIGNS RELOCATION SERVICES CONSTRUCTION MGMT-FALLON SPORT PARK CONSTRUCTION MGMT-FALLON SPORT PARK Check Total: STEM INSTRUCTION STEM INSTRUCTION Check Total: MAT SERVICES - SHANNON SEP 2022 NEOPOST MAIL MACHINE LEASE JUL-SEP 2022 EVIDENCE MANAGEMENT SYSTEM PICTURE THIS TEMP ART TOXICOLOGY SERVICES TOXICOLOGY SERVICES TOXICOLOGY SERVICES TOXICOLOGY SERVICES Check Total: PICTURE THIS TEMP ART BEVERAGE SERVICE AT 40TH ANNIVERSARY TEMPORARY OFFICE SUPPORT TEMPORARY OFFICE SUPPORT Amount 454,052.40 960.00 5,080.00 309.75 506.25 1,000.00 1,000.00 520.04 2,565.00 907.20 1,296.00 1,425.60 6,193.80 17,656.87 15,003.97 32,660.84 638,784.35 36,959.78 7,075.00 5,192.50 12, 267.50 2,634.23 16,552.50 7,000.00 21,601.18 14,744.25 16,779.50 31, 523.75 1,464.00 3,097.80 4,561.80 68.50 1,073.36 1,650.00 300.00 507.00 391.00 688.00 897.00 2,483.00 300.00 2,695.00 36.00 2,803121 Print Date: 9/30/2022 Page 17 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee ROTH STAFFING COMPANIES, L.P. ROTH STAFFING COMPANIES, L.P. ROTH STAFFING COMPANIES, L.P. ROTH STAFFING COMPANIES, L.P. ROTH STAFFING COMPANIES, L.P. 9/26/2022 RROOAR RROOAR 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 RYAN ZHANG SAN JOSE ICE COMPANY SAWSAN WOLSKI SELECT IMAGING SELECT IMAGING SHIR MARTIAL ARTS SKATESATIONAL SOPHIA LEE SPECIAL EVENTS SPECIAL EVENTS SPECIAL EVENTS SPECIAL EVENTS 9/26/2022 SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES SQUAD ESTATES 9/26/2022 SWAN ENTERTAINMENT CLIENT SWAN ENTERTAINMENT CLIENT 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 SWATI RASTOGI TLOVE PARTNERS INC. T-MOBILE USA, INC. TRB AND ASSOCIATES, INC. TRI-SIGNAL INTEGRATION INC TRI-VALLEY JANITORIAL INC. TYLER TECHNOLOGIES, INC. TYLER TECHNOLOGIES, INC. TYLER TECHNOLOGIES, INC. Description TEMPORARY OFFICE SUPPORT TEMPORARY OFFICE SUPPORT TEMPORARY OFFICE SUPPORT TEMPORARY OFFICE SUPPORT TEMPORARY OFFICE SUPPORT CODING & ROBOTICS INSTRUCTION CODING & ROBOTICS INSTRUCTION UTILITY BOX ART 2022 ICE TRAILER RENTAL FOR SPLATTER PICTURE THIS TEMP ART PRINTING & MAILING OF BUSINESS LICENSE PRINTING & MAILING OF BUSINESS LICENSE Check Total: MARTIAL ARTS INSTRUCTION SKATING INSTRUCTIONAL SVCS PICTURE THIS TEMP ART SUMMER CONCERT SERIES EQUIP RENTAL SUMMER CONCERT SERIES EQUIP RENTAL SUMMER CONCERT SERIES EQUIP RENTAL SUMMER CONCERT SERIES EQUIP RENTAL Check Total: YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES YOUTH SPORTS SERVICES Check Total: TAINTED LOVES PERFORMANCE AT SPLATTER NEON VELVETS PERFORMANCE AT SPLATTER Check Total: PICTURE THIS TEMP ART SUMMER CONCERT SERIES CELL PHONE SERVICES THROUGH 7/20/22 BLDG PLAN REVIEW /INSP SVCS - AUG 2022 FIRE ALARM TESTING LIBRARY AUG-OCT 2022 JANITORIAL SUPPLIES TYLER MUNIS ERP SOFTWARE TYLER MUNIS ERP SOFTWARE TYLER MUNIS ERP SOFTWARE Amount 1,900.00 3,164.00 2,336.00 2,937.00 1,716.00 Check Total: 14,892.00 2,394.00 3,186.00 Check Total: 5,580.00 1,000.00 1,169.50 300.00 1,568.70 3,314.02 4,882.72 333.20 937.50 300.00 1,431.55 1,431.55 1,431.55 1,431.55 5,726.20 2,006.40 2,257.20 752.40 1,429.80 1,186.39 854.88 2,006.40 877.80 11,371.27 8,000.00 6,000.00 14,000.00 300.00 5,000.00 708.92 51,340.00 323.75 5,966.83 700.00 6,305.25 3,500.r1 22 Print Date: 9/30/2022 Page 18 of 18 City of Dublin Payment Issuance Report Payments Dated 9/1/2022 through 9/30/2022 Date Issued Payee TYLER TECHNOLOGIES, INC. TYLER TECHNOLOGIES, INC. TYLER TECHNOLOGIES, INC. 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 9/26/2022 US CHINESE DANCE ASSOCIATION VALFORMS/A4 PROMOTIONS VALFORMS/A4 PROMOTIONS VALFORMS/A4 PROMOTIONS VALFORMS/A4 PROMOTIONS VANESSA STAFFORD VANESSA THOMAS VERIZON WIRELESS VILLAGE MUSIC SCHOOL W. BRADLEY ELECTRIC WARREN PAYLADO WORKFORCE INTEGRITY WORKFORCE INTEGRITY 9/26/2022 WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS WORLD CUP SOCCER CAMPS Description TYLER MUNIS ERP SOFTWARE TYLER MUNIS ERP SOFTWARE TYLER MUNIS ERP SOFTWARE PERFORMANCE AT SPLATTER FES BUSINESS CARDS-YUEN BUSINESS CARDS -EARL BUSINESS CARDS-ESCOVER BUSINESS CARDS-AJELLO PICTURE THIS TEMP ART PICTURE THIS TEMP ART CELL SERVICE FOR CAMERAS MUSIC INSTRUCTION RETENTION RELEASE-SAN RAMON ART CLASS INSTRUCTION COMMUNITY WORKFORCE ADMIN COMMUNITY WORKFORCE ADMIN SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS SOCCER CAMPS & CLINICS Payments Issued 9/30/2022 U.S. BANK CORP PMT SYS PURCHASE CARD STATEMENT AUG 2022 Payments Issued 9/30/202: Grand Total for Payments Dated 9/1/2022 through 9/30/2022: Total Number of Payments Issued: 247 Amount 7,700.00 1,400.00 7,831.22 Check Total: 27,436.47 400.00 57.32 62.32 63.68 63.87 247.19 300.00 300.00 1,359.08 2,484.00 824.80 1,195.20 2,904.23 1,236.00 4,140.23 1,236.60 1,381.80 197.40 2,815.80 1,594,464.99 47,349.52 47, 349.52 6,182, 5 54.45 123 CELEBRATING DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 4.9 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.FCT : Updates to the Human Services Grants Program Prepared by: Judy A. Miller, ManagementAnalystll EXECUTIVE SUMMARY: The City Council will consider modifications to the Human Services Grants Program guidelines and allocation process, as recommended by the Human Services Commission. STAFF RECOMMENDATION: Receive the report and approve the program modifications. FINANCIAL IMPACT: The Human Services Grants Program is supported by several funding sources, including the Community Development Block Grant (CDBG) fund, General Fund, Affordable Housing Fund, and additional sources as available, such as the American Rescue Plan Act (ARPA). Each year the grant funds vary based on what is available from each source. The total amount is included in the City's budget for that fiscal year. DESCRIPTION: Background At its April 19, 2022, meeting, the City Council requested the Human Services Commission review the Grants Program and recommend revisions to guide it going forward. Specifically, the Commission was asked to address the following: • Handling multiple funding requests from one organization, considering factors such as limited funding availability, prioritization, and the individual tracking of services. • Reviewing applications from organizations for any overlap of services. • Determining if a reasonable cost per person should be on a per capita basis or a program basis, and how to evaluate when intensive services require more money per capita. • Revising the rating process to ensure the program remains competitive. Page 1 of 3 124 Human Services Commission Review and Recommendations At its July 28, 2022 Special Meeting, the Commission reviewed the Grants Program, specifically the items listed previously, and recommended program modifications. These include revised rating criteria, a standardized scoring system to rate each application, and guiding principles to ensure the program is fair and equitable in allocating funds. The recommendations fall into four general categories, as discussed below. 1. Do not limit organizations on the number of applications that can be submitted, as there are organizations that offer services for several critical Human Service needs. However each application must serve a separate need and should be evaluated on its own merits. o There are many critical Human Service needs in the community, and organizations are responding to the needs of the populations they serve. Households may have more than one need and require multiple services from the same or different organizations. Non-profit organizations are working in the community daily and are evolving and responsive to current needs. The Commission was concerned that if prescriptive limits are in place, it could prohibit organizations from continuing to meet the changing needs of the community. o Applications will be rated on their own merits and reviewed for any overlap of services. Each application must be in response to the population being served, address critical priorities, and serve different needs. 2. Track clients as unduplicated in each program from which they benefit. o Clients may receive assistance in more than one area; however, this should be clearly defined in data collection, tracking, reporting, and monitoring. 3. Update the rating sheet to demonstrate how well the applicant meets each funding criterion. o To ensure each application is fairly and competitively evaluated, the rating sheet has been revised to provide a clear structure and point system to score the applications. It was requested the rating sheet have two sections: one for Staff to review and confirm the organization complies with requirements, and another for Commissioners to rate the applications based on how well they meet the established criteria. 4. Do not base funding considerations on per capita or cost per client as different needs require different levels of support and expertise (i.e., single meal delivery vs. legal casework). o To ensure appropriate funding, applications with high per capita costs should identify the critical human service need and demonstrate an overwhelming likelihood of addressing that need. The application must be clear on the actual costs needed to provide these services. The measurable outcomes should be clearly articulated, and the impact on residents of Dublin demonstrated. The recommended guiding principles of the Human Service Grants Program (Attachment 1) establish a framework in the allocation of funds and prioritize the applications addressing critical Page 2 of 3 125 needs in the community. The revised rating sheet (Attachment 2) provides a clear structure and point system to rate how well the application meets the scoring criteria. Lastly, efforts will be made to raise awareness of the Grants Program to reach more non-profit organizations in the community. Current efforts include joint outreach, a grant workshop with Pleasanton and Livermore, legal notices, and notification to existing grant recipients (going back five years). To increase awareness, Staff will develop a master list of known providers in the area and be diligent in ensuring they are aware of the Program. Staff will be available to answer questions from new organizations that may assist them in the grant application process and survey organizations that receive the information but do not apply. The Human Services Commission recommends these changes be approved and implemented starting with the Fiscal Year 2023-24 grant cycle. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Human Services Grants Program Guiding Principles 2) Revised Human Services Grants Rating Sheet Page 3 of 3 126 Attachment I II DUBLIN CALIFORNIA Human Services Grants Program Guiding Principles The City of Dublin Human Services Grants Program provides financial support to local non-profit organizations serving Dublin residents. The grant program is typically funded through three sources: • The City General Fund • Affordable Housing Fund • Federal Community Development Block Grant Program (CDBG) Other funding sources are also used as they become available. The principles listed below will provide guidance for each funding source. 1. All applications submitted must: a. Address at least one of the City Council's Funding Priorities b. Address at least one of HUD's Strategic Goals and Policy Priorities c. Address at least one of the 14 Areas of Concern in the Eastern Alameda County Needs Assessment Report (https://bit.ly/14areasofconcern) 2. All funded programs must benefit low-income or high -risk individuals or households in Dublin. 3. All agencies receiving funds cannot discriminate in selecting clients or proselytizing when providing services. 4. Organizations may apply for more than one grant. Each funding request must address a separate program or project and fulfill a different need. Each application will be evaluated on its own merits. 5. Households/individuals may be experiencing more than one critical need. A household/individual will be counted as an unduplicated client in each program that fulfills a different need. 6. The rating sheet will evaluate each application against a specific set of criteria and receive a score on the extent to which those criteria are met. 7. Grantees must submit demographic data on clients, board members, and staff to inform and support City Diversity, Equity, and Inclusion (DEI) initiatives. City Council's Funding Priorities to fund programs that specifically address critical human service needs: • Food and Nutrition • Healthcare • Homelessness • Childcare 127 US Department of Housing and Urban Development (HUD) Strategic Goals • Increase homeownership • Promote decent affordable housing • Strengthen communities • Ensure equal opportunities in housing • Promote participation of grass -roots faith -based and other community -based organizations US Department of Housing and Urban Development (HUD) Policy Priorities • Provide increased homeownership and rental opportunities for low and moderate - income persons, persons with disabilities, the elderly, minorities, and families with limited English proficiency. • Improving the quality of life in our Nation's communities. • Encouraging accessible design features. • Participation of minority -serving institutions in HUD programs. • End chronic homelessness within ten years. • Removal of barriers to affordable housing. Tri-Valley Needs Assessment Findings by Area of Concern: • Behavioral Health (mental health and substance abuse) • Affordable Housing • Healthcare • Workforce Development • Homelessness • Transportation Services and Access • Domestic Violence and Child Abuse • Disabilities • Food and Nutrition • Senior Services • Youth Services • Childcare, Early Childhood Development, and Education • Changing Demographics and Growing Diversity • Financial Assistance 128 Attachment 2 CITY OF DUBLIN HUMAN SERVICES GRANTS RATING SHEET Organization: Program: City Staff Section Organization/Management (1 point each, maximum of 5) The organization previously received funding from Dublin and has fully complied with the City's management procedures, including invoice and report deadlines. The organization, as presented in the application, is able to achieve the stated goals and outcomes. The organization and its staff are qualified and have the capacity to provide for the program. (non-profit status, resumes for staff, Board of Directors, information on clients served) The organization has completed all required aspects of the application process. The proposed program has a successful proven track record (not a new program). Total Points: The estimated total number of unduplicated Dublin Residents to be served: Qualifies for: CDBG ❑ General Fund ARPA ❑ Other Commission Member Section Need — Rate the need for this program/service. Rating Description Score Low 0-2 The applicant does not articulate a clear need for the project in their application and is unlikely to address that need. Mid 3-5 The applicant identifies a clear need, but it is not a critical human service need, and/or the applicant does not demonstrate a high likelihood of addressing that need. High 6-10 The applicant identifies a critical human service need in Dublin that other organizations do not and demonstrates a high likelihood of addressing that need. Comments: Benefit — Rate the benefit to low-income or high -risk individuals/households in Dublin. Rating Description Score Low 0-2 Applicant demonstrates a low number of low-income or high -risk Dublin individuals/households who will benefit from the project, and the application fails to identify any outcomes or ways it will measure project success. 129 Mid 3 5 Applicant demonstrates a moderate number of low-income or high -risk Dublin individuals/households who will benefit from the project. The application identifies outcomes but is unclear or unlikely to demonstrate a project impact. High 6-10 Applicant demonstrates a high number of low-income or high -risk Dublin individuals/households who will benefit from the project. The application identifies clear and measurable outcomes to demonstrate project impact. Comments: Funding — Rate the applicant's funding request. Rating Description Score Low 0-2 The funding request is unreasonably high given the project's proposed impact, and the number of people served; the project budget is unrealistic. Mid 3-5 The funding request is reasonable but does not demonstrate a high impact or cost effectiveness given the proposed number of people served and/or the project budget has significant questions or flaws. High 6-10 The funding request is a reasonable amount demonstrating high impact and cost effectiveness given the proposed number of people served; the project budget is feasible and sound. Comments: Funding Sustainability — Rate the diversification of the project's funding sources. Rating Description Score Low 0-2 The Grant request is the only source of funds for the applicant's proposed project. Mid 3-5 The applicant has identified more than one funding source to support the proposed activity/service, but this grant request would be the main source of funds, and the long- term sustainability of the project is questionable. High 6-10 The applicant has identified multiple funding sources to support the proposed activity/service and ensure sustainability. The organization produces other income that may be used to support this program (fundraising). Comments: City Funding — Rate the necessity of City funding for this project. Rating Description Score Low 0-2 The project is not appropriate for City funds and will not reduce demands on other City resources. Mid 3-5 The project is an appropriate use for City funds but will not reduce demands on other City resources and/or other types of funding sources would be a better fit for this project. High 6-10 City funds are critical to the project, and funding request is appropriate for City sources and reduces demands for other City resources. 130 Comments: Consistency with Policies — Rate the proposal's consistency with the HUD Strategic Goals and HUD Policy Priorities. (To determine CDBG eligibility) Rating Description Score Low 0-2 The proposal does not address any of the HUD Strategic Goals or HUD Policy Priorities. Mid 3-5 The proposal addresses one of the HUD Strategic Goals or HUD Policy Priorities. High 6-10 The proposal helps address multiple HUD Strategic Goals or HUD Policy Priorities. Comments: City Council Priorities — Rate the extent the proposal addresses one or more of the City Council's priorities. Rating Description Score Low 0-2 The proposal does not address any of the Council's priorities. Mid 3-5 The proposal addresses one or two of the Council's priorities but does not have a high likelihood of doing so effectively. High 6-10 The proposal demonstrates a high likelihood of addressing multiple Council priorities. Comments: Alameda County 14 Areas of Concerns — Rate the extent the proposal addresses one or more of the 14 areas of concern as identified by the Alameda County Needs Assessment Report. Rating Description Score Low 0-2 The proposal does not address any of the 14 areas of concern. Mid 3-5 The proposal addresses one or two of the 14 areas of concern but does not have a high likelihood of doing so effectively. High 6-10 The proposal is highly likely to address multiple areas of the 14 areas of concern. Comments: Innovation — If funds were allocated last year for the same project/activity, rate the extent to which the applicant adequately responds to changing community conditions. If the proposal is for a new project, rate the extent to which the project uses a new and innovative approach to solve an identified problem. Rating Description Score 131 Low 0-2 The applicant does not demonstrate an ability to adapt the project to changing needs or is not using an innovative approach. Mid 3-5 It is unclear how the project will respond to changing community conditions identified in the application or use an effective but not particularly innovative approach. High 6-10 The applicant demonstrates a high likelihood of responding to changing conditions and/or using an innovative approach. Comments: Access — Rate the extent to which the project will ensure non-English speakers, people with disabilities, people experiencing homelessness, seniors, low-income families, and/or youth can access the proposed program or activities. Rating Description Score Low 0-2 The proposal does not mention accessibility concerns and does not describe how it will remove barriers or help community members access its services. Mid 3-5 The proposal addresses accessibility concerns but does not identify concrete or impactful ways the project will remove barriers for priority populations. High 6-10 The proposal describes concrete and impactful ways the applicant will improve language, technology, and/or transportation access for priority populations. Comments: Proposal Total Score: Recommend Funding: Yes n No Total Requested: Total Recommended: Commissioner Name Suggested determination of allocation amount: Date Points Percent Qualifies For 80+ Points 80-100% of request 60-79 Points 50-80% of request 59 and below 0-50% of request 132 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.10 DATE: TO: FROM: SU B,ECT : October 18, 2022 Honorable Mayor and City Councilmembers Linda Smith, City Manager Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY: The City Council will consider approval of an agreement with Storm Water Inspection & Maintenance Services Inc. (SWIMS) to provide trash capture device maintenance services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services. FINANCIAL IMPACT: The total cost of services to be performed by Storm Water Inspection & Maintenance Services Inc. will not exceed $327,540 for the three-year agreement term. Annual inspection and maintenance costs total $99,230 for current trash capture devices. The agreement includes a 10% contingency for maintenance of additional trash capture devices installed during the agreement term. There are sufficient funds in the Fiscal Year 2022-23 operating budget for year one of this agreement. Future costs will be incorporated in respective fiscal year budget requests. DESCRIPTION: The California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) requires Dublin, as a permittee, to reduce trash discharges to local waterways via installation and maintenance of full trash capture devices, or equivalent methods. Full trash capture devices must remove trash particles five millimeters or greater in stormwater from storm from stormwater. The City owns several full trash capture devices, in the form of 130 inlet filters and 18 hydrodynamic separators, throughout the City. Inlet filters are installed in standard storm drain inlets and capture trash from a relatively small drainage area (typically less than an acre). Hydrodynamic separators are Page 1 of 2 133 larger devices that capture trash from large drainage areas (multiple acres). The full trash capture devices require annual inspection and maintenance, which must be reported in accordance with the MRP. Request for Proposals for Inspection and Maintenance Services On April 1, 2022, the City issued a Requests for Proposals (RFP) for trash capture device maintenance. Staff received only one proposal, from Storm Water Inspection & Maintenance Services Inc. (SWIMS), in response to the RFP. Since the response to the RFP was minimal, Staff consulted with other agencies, including Dublin San Ramon Service District, to identify ways to increase interest from qualified maintenance contractors. A second RFP was issued on August 12, 2022. Three proposals were received in response to the RFP, as shown in the table below. Proposals Received for the August 12, 2022 RFP Firm Services Provided Annual Contract Cost Storm Water Inspection & Maintenance Services Inc. Inspection & maintenance of storm drain inlet filters and hydrodynamic separators $99,230 Old Castle Infrastructure Inspection & maintenance of storm drain inlet filters and hydrodynamic separators $253,298 Revel Environmental Manufacturing Inc. Inspection & maintenance of storm drain inlet filters only $39,312 The RFP specified that contractor selection would be based upon on responsiveness to the RFP, experience of the firm, experience and qualifications of assigned individuals, satisfaction of previous clients, and cost of providing services. After evaluating the proposals, Staff identified SWIMS as the most qualified to provide the desired services. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Agreement with Storm Water Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services 2) Exhibit A to the Resolution -Agreement with Stormwater Inspection & Maintenance Services Inc. for Trash Capture Device Maintenance Services 3) August 12, 2022 Request for Proposals for Trash Capture Device Maintenance Services Page 2 of 2 134 Attachment I RESOLUTION NO. XX — 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH STORM WATER INSPECTION & MAINTENANCE SERVICES INC. FOR TRASH CAPTURE DEVICE MAINTENANCE SERVICES WHEREAS, the City is a co-permittee of the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, also known as the MRP; and WHEREAS, the City must inspect and maintain full trash capture devices throughout the City to meet the trash load reduction requirements in the MRP; and WHEREAS, on August 12, 2022, the City issued a Request for Proposals for Trash Capture Device Maintenance Services; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating criteria and determined that Storm Water Inspection & Maintenance Services Inc. (SWIMS) best met the City desired scope of services based on quality, completeness of the submission, and the firm's experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into a contractor services agreement with SWIMS for a not -to -exceed amount of $327,540 over a three-year term for trash capture device maintenance services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with SWIMS attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and make any necessary, non -substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of October 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Attachment 2 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND STORM WATER INSPECTION & MAINTENANCE SERVICES INC. THIS AGREEMENT for trash capture device maintenance services is made by and between the City of Dublin ("City") and Storm Water Inspection & Maintenance Services Inc. ("Contractor") (together sometimes referred to as the "Parties") as of October 19, 2022 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor 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 Effective Date and shall end on June 30, 2025, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor 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 Contractor is engaged. 1.3 Assignment of Personnel. Contractor 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor 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 Subsection 1.2 above and to satisfy Contractor's obligations hereunder. 1.5 Intentionally Deleted. 1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 1 of 15 October 19, 2022 136 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $327,540 notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 2 of 15 October 19, 2022 137 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 • A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense • The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ■ The Contractor's signature; • Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Intentionally Deleted. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 3 of 15 October 19, 2022 138 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Intentionally Deleted. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 4 of 15 October 19, 2022 139 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 5 of 15 October 19, 2022 140 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers' Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non -owned automobiles. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 6 of 15 October 19, 2022 141 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 7 of 15 October 19, 2022 142 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 8 of 15 October 19, 2022 143 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the active negligence or willful misconduct of City. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 9 of 15 October 19, 2022 144 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 10 of 15 October 19, 2022 145 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 11 of 15 October 19, 2022 146 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 12 of 15 October 19, 2022 147 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 13 of 15 October 19, 2022 148 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Storm Water Inspection & Maintenance Services Inc. PO Box 1627 Discovery Bay, CA 94505 Attn: Kim Morris Email: kim@swimsclean.com Any written notice to City shall be sent to: City of Dublin Attn: Shannan Young, Public Works Department 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [and Cl represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C California Labor Code Section 1720 Information 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 14 of 15 October 19, 2022 149 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Storm Water Inspection & Maintenance Services Inc. DocuSigne`dlby.: _- Linda Smith, City Manager Todd Hudson, Vice President Attest: 19542 Contractor's DIR Registration Number Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Page 15 of 15 October 19, 2022 150 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 EXHIBIT A SCOPE OF SERVICES Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. October 19, 2022 151 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Scope of Work For Trash Capture Device Maintenance Services Contractor to perform operations and maintenance services for storm drain inlet -based devices (e.g. REM Triton Bioflex Trash Guard (BFTG) Filters and similar others) and for hydrodynamic separators as required by the Municipal Regional Stormwater NPDES Permit. The trash capture devices are located throughout the City, as shown on the maps included in this scope of work. Hydrodynamic Separators Currently, there are eighteen (18) hydrodynamic separators (H/S unit) located throughout the City. There may be additional H/S units installed within the contract term. Operations and maintenance (O&M) service for the H/S units shall be performed a minimum of two times per year. O&M Service shall include but is not limited to the following: • Visually inspect the H/S unit to determine if the system components are in working order and to verify that there are no blockages or obstructions in the inlet or separation screen. • Note the remaining capacity of the device. If the device is at or approaching 50% full, complete maintenance activities to remove sediment, trash and debris. • Note any special problems such as flooding, screen blinding, or plugging from leaves, plastic bags, or other debris. • Note evidence of overflow, any damage reducing function, or other negative conditions. • At least one complete maintenance service, including vacuuming and power -washing shall be completed annually. The mandatory annual maintenance shall be completed prior to the rainy season (October 1). Power -washing liquid shall be disposed of properly (i.e. not allowed to enter the storm drain system). Typical quantities of sediment removal are between 70-140 gallons per unit. • Remove and replace sorbent material, as applicable. Spent sorbent material shall be manifested and recycled at a Cal EPA approved processing facility. Contractor is responsible for procurement of sorbent materials. • Remove and dispose of all captured debris and material in accordance with all applicable laws and regulations. The contractor shall maintain and provide to the City disposal records and/or chain of custody documents, as appropriate. • Provide photographic evidence, time and date stamped, of the device cleaning. REM Triton Bioflex Trash Guard (BFTG) Filters and Other Storm Drain Inlet Filters Currently, there are approximately 130 storm drain inlet filters (inlet filters) installed in City right-of-way or property, many/most of which are BFTG filters. O&M service for inlet filters shall be performed a minimum of three times per year. O&M service shall include but is not limited to the following: • Vacuum and power -wash filters at each service visit. Power -washing liquid shall be disposed of properly (i.e collected and not allowed to enter the storm drain system). • Inspect each inlet filter for system operation. • Replace and recharge filter media as necessary. Contractor is responsible for procurement of filter media. • Attach a bright yellow dated service lock -out tag to each storm drain inlet after the maintenance is completed. Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. October 19, 2022 152 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 • Remove and dispose of all captured debris and material in accordance with all applicable laws and regulations. • Spent media (if applicable) shall be manifested and recycled at a Cal EPA approved processing facility. • Provide photographic evidence, time and date stamped, of the device cleaning. Noticing Notice shall be provided to the City electronically a minimum of seven working days prior to any scheduled maintenance activities. The City reserves the right to request that maintenance activities be rescheduled due to conflicts. Reporting Reporting shall be provided electronically after each service event. Reports shall be uploaded to the Clean Water Program ArcGIS on-line full trash capture reporting and maintenance tool, or other database as directed by the City. The maintenance report shall include but is not limited to the following information: • Service date. • Reference City of Dublin storm drain inlet or manhole ID#. • Detail of services performed. • Specify storage capacity condition of the device by indicating percent full (capacity). • Provide an estimated amount of debris removed from each unit in gallons or cubic feet. • Include trash characterization for trash removed (i.e. % trash and dominant types of trash). • Report any special problems such as flooding, screen blinding or plugging from leaves, plastic bags, or other debris causing overflow, damage reducing function, or other negative conditions. • Date -stamped photo documentation of maintenance activity completed on all inlet filters and H/S units. If special problems are observed that could potentially cause or contribute to localized flooding, the City shall be contacted on the same day, if rain is imminent. Traffic Control Inspection and maintenance crews shall follow current City of Dublin, CalTrans and California Manual of Uniform Traffic Control Devices standards. No public road under the jurisdiction of the City of Dublin shall be closed to travel by the general public without special permission of the City Engineer in writing. No lane closures will be allowed between 6:00 am and 9:00 am or between 3:30 pm and 6:30 pm. At other times, lane closures will be at the discretion of the City Engineer. At least one lane of traffic shall be kept open to the general public. Appropriate traffic control shall be provided for bicycles and pedestrians, as well as for motorized vehicles. Note the following: • Traffic control shall be provided by the Contractor, as necessary. The traffic control shall be provided by a C31 certified company. • A site -specific traffic control plan will be required for any traffic lane closures and shall be approved by the City's Traffic Engineer. • Note: a C31 certified company does not need to be employed if a lane closure is not required. However, all traffic control provided shall follow the California Manual on Unifor Traffic Control Device rules, regardless of who is implementing the traffic control. Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. October 19, 2022 153 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Hours of Operation Inspection and maintenance of HIS and inlet filters shall occur Monday through Friday may not commence prior to 8:00 am in residential areas. Upon award of the contract, a proposed maintenance schedule shall be provided to the City for review and approval. Prevailing Wage All work shall be based on prevailing wage scale. Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. October 19, 2022 154 DocuSign Envelope ID: C1FA3C01-41C0-4124-6142-DFCEFC1FC888 Trash Capture Devices Location Maps Overview Map of Hydrodynamic Separator Locations Hydrodynamic Separator locations — closer views Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc October 19, 2022 155 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Hydrodynamic separators — closer view continued Ai le • P. 11 11 iwidi.. 1,011,t.4 J:; 411)11I' d1 A ti: nin.tdeilir, , ; if a II /el it 4,' , '._:" 'iIi .411# a �� 0%4 "",; M�! �'� .,• gr;� �. s �a4 ram! Sri. .�. • ,► 4 =J't,, i — i II. W i... ' s , Ip. v y } 1 iissii. 41.rFVi iI iwt 1 4 % N• i k ## t0, r ---k la .III ■ NVI +r s' ,, I ll r t �.rr M ail 1 �' �f „ -J Ea foie aria 111. Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc October 19, 2022 DocuSign Envelope ID: C1FA3C01-41C0-4124-6142-DFCEFC1FC888 Hydrodynamic separators — closer view continued Inlet Filter Locations Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc October 19, 2022 157 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Inlet filter locations continued Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc October 19, 2022 158 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Inlet filter locations continued Exhibit A Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc October 19, 2022 159 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 EXHIBIT B COMPENSATION SCHEDULE Annual total compensation is based upon the assumed work noted in the table below. As approved by the City, adjustments may be necessary depending on actual work required. Adjustments must be within the total approved contract budget. Products & Services Description Annual Quantity Unit Price Total Storm Drain Inlet Filters Maintenance Inspect, Service, and Maintain. Power vacuum all sediment and surface debris. Inspect and replace media as needed. Dispose of sediment/debris per EPA Standards. Dated drain tags to be installed after each service. Detailed digital report with before/after pictures included. 390 $100 $39,100 Hydrodynamic Separator Unit Inspection Performance Evaluation Two (2) Times Per Year. Removal of all floatables, sediment and water levels monitored, inspection of in -flow and out -flow pipes, inspection for all functioning parts. Detailed digital report with pictures included. 36 $365 $13,140 Hydrodynamic Separator Unit Pump Out Remove all floatables, decant stormwater, pump out all sediment and debris. Pressure wash/power vacuum sump floor and separation screen. Dispose of sediment and debris at approved landfill. All crew confined space equipped and certified. Service to be performed as needed when device is nearing 50°/0 full - based on inspection reporting. Price includes up to 320 gallons of sediment, $2.95 per gallon once 320 is reached. 18 $2,100 $37,800 Traffic Control — Per Day Traffic control to be performed by a C31 certified company where lane closures are needed. Pricing includes all labor, materials and 2-man crew to assist SWIM'S in safely servicing these units. $1,995 per 8-hour day @ prevailing wage rates. Total necessary days will be determined once full site walk has been conducted and traffic control plan has been determined. Estimated 3 lane closures per year from digital aerial review of locations. 3 $1,995 $5,985 Traffic Control Plan — Per sheet Site -specific traffic control plan will be developed and submitted to the City's Traffic Engineer for approval of any area requiring lane closures. The price per page is $305.00 and will be determined once full site walk has been conducted to determine total lane closures. $610.00 per page for a PE stamped traffic control plan. 9 $305 $2,745 Exhibit B Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. October 19, 2022 160 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 Media Pillow Replacement Furnish and replace media pillows once spent. Disposed of per EPA standards. $70.00 per media pillow replacement. 8 $70 $560 Subtotal $99,230 10% Contingency $9,950 Annual Total $109,180 The Agreement term is for three years. The table below represents the total compensation limit for the Agreement. Year 1 $109,180 Year 2 $109,180 Year 3 $109,180 Total Compensation $327,540 Exhibit B Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. October 19, 2022 161 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. C. The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services or work. B. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes penalties per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Exhibit C — Page 1 of 3 October 19, 2022 162 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements: 1. The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and sent directly to the Labor Commissioner, and available for inspection by the Owner and its Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Exhibit C — Page 2 of 3 October 19, 2022 163 DocuSign Envelope ID: C1FA3C01-41C0-4124-B142-DFCEFC1FC888 authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. Services Agreement between City of Dublin and Storm Water Inspection & Maintenance Services Inc. Exhibit C — Page 3 of 3 October 19, 2022 164 Attachment 3 DUBLIN REQUEST FOR PROPOSALS Trash Capture Device Maintenance Services City of Dublin Proposals must be received by: August 29, 2022 by 5 pm Shannan Young, Environmental & Sustainability Manager Public Works Department 100 Civic Plaza City of Dublin, CA 94568 Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients. 165 DUBLIN Request for Proposal For Trash Capture Device Maintenance Services Overview The City of Dublin (City) is requesting proposals from qualified trash capture device maintenance (contractor) businesses. The City intends to select a contractor(s) to conduct the required maintenance of full trash capture devices as mandated in the Municipal Regional Stormwater NPDES Permit. Full trash capture devices to be serviced include large hydrodynamic separators and storm drain inlet filters. The maps provided in Attachment C show the locations of the devices. This is a prevailing wage contract. Please provide separate bids for maintenance of the large hydrodynamic separators and for the storm drain inlet filters. The City reserves the right to engage different contractors for maintenance of these devices. Project Description: Scope of Work Contractor to perform operations and maintenance services for storm drain inlet -based devices (e.g. REM Triton Bioflex Trash Guard (BFTG) Filters and similar others) and for hydrodynamic separators located throughout the City. Hydrodynamic Separators Currently, there are eighteen (18) hydrodynamic separators (H/S unit) located throughout the City. There may be additional H/S units installed within the contract term. Operations and maintenance (O&M) service for the H/S units shall be performed a minimum of two times per year. O&M Service shall include but is not limited to the following: • Visually inspect the H/S unit to determine if the system components are in working order and to verify that there are no blockages or obstructions in the inlet or separation screen. • Note the remaining capacity of the device. If the device is at or approaching 50% full, complete maintenance activities to remove sediment, trash and debris. • Note any special problems such as flooding, screen blinding, or plugging from leaves, plastic bags, or other debris. • Note evidence of overflow, any damage reducing function, or other negative conditions. • At least one complete maintenance service, including vacuuming and power -washing shall be completed annually. The mandatory annual maintenance shall be completed prior to the rainy season (October 1). Power -washing liquid shall be disposed of properly (i.e. not allowed to enter the storm drain system). Typical quantities of sediment removal are between 70-140 gallons per unit. • Remove and replace sorbent material, as applicable. Spent sorbent material shall be manifested and recycled at a Cal EPA approved processing facility. Contractor is responsible for procurement of sorbent materials. • Remove and dispose of all captured debris and material in accordance with all applicable laws and regulations. The contractor shall maintain and provide to the City disposal records and/or chain of custody documents, as appropriate. • Provide photographic evidence, time and date stamped, of the device cleaning. REM Triton Bioflex Trash Guard (BFTG) Filters and Other Storm Drain Inlet Filters Currently, there are approximately 130 storm drain inlet filters (inlet filters) installed in City right-of-way or property, many/most of which are BFTG filters. O&M service for inlet filters shall be performed a minimum of three times per year. O&M service shall include but is not limited to the following: 166 • Vacuum and power -wash filters at each service visit. Power -washing liquid shall be disposed of properly (i.e collected and not allowed to enter the storm drain system). • Inspect each inlet filter for system operation. • Replace and recharge filter media as necessary. Contractor is responsible for procurement of filter media. • Attach a bright yellow dated service lock -out tag to each storm drain inlet after the maintenance is completed. • Remove and dispose of all captured debris and material in accordance with all applicable laws and regulations. • Spent media (if applicable) shall be manifested and recycled at a Cal EPA approved processing facility. • Provide photographic evidence, time and date stamped, of the device cleaning. Noticing Notice shall be provided to the City electronically a minimum of seven working days prior to any scheduled maintenance activities. The City reserves the right to request that maintenance activities be rescheduled due to conflicts. Reporting Reporting shall be provided electronically after each service event. Reports shall be uploaded to the Clean Water Program ArcGIS on-line full trash capture reporting and maintenance tool, or other database as directed by the City. The maintenance report shall include but is not limited to the following information: • Service date. • Reference City of Dublin storm drain inlet or manhole ID#. • Detail of services performed. • Specify storage capacity condition of the device by indicating percent full (capacity). • Provide an estimated amount of debris removed from each unit in gallons or cubic feet. • Include trash characterization for trash removed (i.e. % trash and dominant types of trash). • Report any special problems such as flooding, screen blinding or plugging from leaves, plastic bags, or other debris causing overflow, damage reducing function, or other negative conditions. • Date -stamped photo documentation of maintenance activity completed on all inlet filters and H/S units. If special problems are observed that could potentially cause or contribute to localized flooding, the City shall be contacted on the same day, if rain is imminent. Traffic Control Inspection and maintenance crews shall follow current City of Dublin, CalTrans and California Manual of Uniform Traffic Control Devices standards. No public road under the jurisdiction of the City of Dublin shall be closed to travel by the general public without special permission of the City Engineer in writing. No lane closures will be allowed between 6:00 am and 9:00 am or between 3:30 pm and 6:30 pm. At other times, lane closures will be at the discretion of the City Engineer. At least one lane of traffic shall be kept open to the general public. Appropriate traffic control shall be provided for bicycles and pedestrians, as well as for motorized vehicles. Note the following: • Traffic control shall be provided by the Contractor, as necessary. The traffic control shall be provided by a C31 certified company. • A site -specific traffic control plan will be required for any traffic lane closures and shall be approved by the City's Traffic Engineer. Note: a C31 certified company does not need to be employed if a lane closure is not required. However, all traffic control provided shall follow the California Manual on Unifor Traffic Control Device rules, regardless of who is implementing the traffic control. Hours of Operation 167 Inspection and maintenance of H/S and inlet filters shall occur Monday through Friday may not commence prior to 8:00 am in residential areas. Upon award of the contract, a proposed maintenance schedule shall be provided to the City for review and approval. Prevailing Wage All work shall be based on prevailing wage scale. Process and General Conditions 1. Proposers shall submit one electronic PDF copy of the proposal to: Shannan Young, Environmental & Sustainability Manager Shannan.Young@dublin.ca.gov 2. Deadline for submitting the proposal is August 29, 2022, by 5:00 p.m. 3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 15 pages using minimum 12-point font size. Schedule for RFP Process August 12, 2022 August 19, 2022 Request for Proposals posted to City website. Deadline to submit questions to City of Dublin. Submit questions to Shannan.Young@dublin.ca.gov. August 24, 2022 Addendum posted, if required August 29, 2022 Proposals are due no later than 5:00 PM via email to Shannan.Young@dublin.ca.gov. Late submittals will not be accepted. Week of August 29, 2022 Interview firms (optional) October 4, 2022 Contract Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change) RFP Submittal Requirements Please prepare and organize your proposal based on the requirements provided below. Please that the RFP submittal is limited to 15 pages maximum, single sided (excluding resumes). Please submit one electronic copy of their Proposal as follows: 168 1 Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide contract services. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page. 2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this RFP. Please include a brief description of the work performed and the role your firm performed. 4. List key staff members, including identification of the Principal -in -Charge and Project Manager/primary point -of -contact. Include each team member's availability, including all existing committed hours, and the ability of being able to complete the project in time and budget. 5. Provide an approach to completing this project, showing the flow of various tasks of the work and demonstrating the clear understanding of the requested work. 6. Provide a project schedule. 7. Present proposed project budget, to include a compensation rate schedule for services. 8. Provide confirmation of your firm's ability to meet the City's Standard Contractor Services Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal. 9. Provide Department of Industrial Relations (DIR) Registration Number. Standard Consulting Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a per event basis (e.g. per inspection or per maintenance event). The term of the agreement will begin October 5, 2022. A sample of the City's Standard Contactor Services Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the proposal. Exceptions will be taken into consideration in evaluating proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm's clients who are the following: Private clients located or operating within the City of Dublin limits, 169 Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub -consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin's requirements: General Liability Insurance Automobile Liability Insurance Professional Liability Insurance Workers' Compensation Insurance Pollution Liability Insurance $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 References Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, E-Mail, and Term of the Contract. Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process (please see Attachment B, 170 Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City. Selection of Contractor Submitted Proposals will be evaluated and scored using the following criteria: • Qualifications and specific experience of key project team members. • Quality and completeness of the proposal. • Experience with engagement of similar scope and complexity. • Satisfaction of previous clients. • Cost of providing the consultant services for this project. 171 Attachment A Standard Contractor Services Agreement Intentionaly Removed Standard Template for Brevity 172 Attachment B Forced Ranking Sheet 173 City of Dublin Forced Ranking Rating Sheet Instructions: After each review, write the name of the candidates in the boxes in ranked order of 1 through 5, with the number 1 candidate in the left column being the most qualified candidate. For example, candidate Smith's name would be in the Rank 1 box after the first review, since that firm would be the only candidate so far. After candidate Jones is reviewed in the second review, then decide which of the two candidates - Smith or Jones - should be ranked #i and #2. As reviews continue, re -rank the applicants as appropriate. Rank 1 Firm 1 Rank 2 Firm 2 Rank 3 Firm 3 Rank 4 Firm 4 Rank 5 Firm 5 Rank 6 Firm 6 Rank 7 Firm 7 Rank 8 Firm 8 Rank 9 Firm 9 Rank 10 Firm 10 Rank 11 Firm 11 Rank 12 Firm 12 Rank 13 Firm 13 Rank 14 Firm 14 Rank 15 Firm 15 Rank 16 Firm 16 Rank 17 Firm 17 Rank 18 Firm 18 Rank 19 Firm 19 Rater Name: 174 Attachment C Trash Capture Devices Location Maps 175 Overview of Hydrodynamic Separator Locations Hydrodynamic Separator locations — closer views 176 Hydrodynamic separators - closer view continued O. „�1i •r • ay NNE, r nor Mr la ell tv p hr a Q'i .:: i 1 �� 1* hies O\ +» •-1!` i',J �rf�1: v• 441 41=,• 1 ! Saar 177 Hydrodynamic separators — closer view continued .. �� age ,.�a•. • /00. �0r ••+*ia++ Asia / T f ‘11ey yfti�;#11• abto r1 ��rt~ 1:aiV11 1<l`y�#rk sr#�rA� "t 4.0114,4 #fs Inlet Filter Locations 178 Inlet filter locations continued 179 Inlet filter locations continued 180 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.1 1 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU ELECT : City Proclamations for the Months of November and December Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will consider the following proclamations for the months of November and December in the City of Dublin: Native American Heritage Month, Family Caregivers Month, Diabetes Awareness Month, Entrepreneurship Month, Critical Infrastructure Security and Resilience Month, College Application Month, Alzheimer's Disease Awareness Month, Adoption Month, Veterans and Families Month, United Against Hate Week, American History and Founders Month, Small Business Saturday, and Impaired Driving Month. STAFF RECOMMENDATION: Approve the proclamations. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider the following proclamations for the month of November: 1. Native American Heritage Month 2. Family Caregivers Month 3. Diabetes Awareness Month 4. Entrepreneurship Month 5. Critical Infrastructure, Security and Resilience Month 6. College Application Month 7. Alzheimer's Disease Awareness Month 8. Adoption Month Page 1 of 2 181 9. Veterans and Military Families Month 10. United Against Hate Week 11. American History and Founders Month 12. Small Business Saturday 13. Impaired Driving Month STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Native American Heritage Month Proclamation 2) Family Caregivers Month Proclamation 3) Diabetes Month Proclamation 4) Entrepreneurship Month Proclamation 5) Critical Infrastructure Security and Resilience Month Proclamation 6) College Application Month Proclamation 7) Alzheimer's Disease Awareness Month Proclamation 8) Adoption Month Proclamation 9) Veterans and Military Families Month Proclamation 10) United Against Hate Week Proclamation 11) United Against Hate Week Poster 12) American History and Founders Month Proclamation 13) Small Business Saturday Proclamation 14) Impaired Driving Month Proclamation Page 2 of 2 182 Attachment I A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Native American Heritage Month" WHEREAS, during Native American Heritage Month we celebrate the rich tapestry of Indigenous peoples and honor their sacrifices, which we recognize as inextricably woven into the history of this country; and WHEREAS, Native Americans are descendants of the original Indigenous inhabitants of what is now the United States; and WHEREAS, Native Americans have moving stories of tragedy, triumph, and perseverance that need to be shared with future generations; and WHEREAS, Native Americans have enriched our heritage and continue to add to all aspects of our society through their generosity of culture and the continued practice of teaching economic, environmental, and cultural sustainability; and WHEREAS, the City of Dublin is committed to honoring our native peoples and recognizing their continued contributions to our society. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as "Native American Heritage Month" in the City of Dublin and encourages all citizens to join in celebrating the Indigenous peoples of this country and our community. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 183 Attachment 2 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Family Caregivers Month" WHEREAS, in the United States, approximately 78 million family members are providing unpaid care to adults or children; and WHEREAS, Family Caregivers Month is held nationally in November and was created to share appreciation for family caregivers; and WHEREAS, according to the American Association of Retired Persons, about 34.2 million Americans have provided unpaid care to an adult age 5o or older in the last 12 months; and WHEREAS, more than 75% of all family caregivers are women, according to a 2016 report by the National Institute on Aging; and WHEREAS, caregivers help their family members live fulfilling lives by providing vital assistance in domestic, financial, and medical affairs; and WHEREAS, we honor the innumerable sacrifices made in homes across the country, and we affirm our resolve to ensure all caregivers are given the resources and respect they deserve; and WHEREAS, this support requires a commitment from our community stakeholders to equip caregivers with training and tools to use to safeguard their family's health and security. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as `Family Caregivers Month" in the City of Dublin and encourages all citizens to reach out to those who provide care for their family members, friends, and neighbors in need, to honor and thank them. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 184 Attachment 3 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Diabetes Awareness Month" WHEREAS, November is National Diabetes Awareness Month and World Diabetes Day is celebrated globally on November 14th to raise awareness about Type 1 and Type 2 diabetes; and WHEREAS, the theme for 2022 World Diabetes Day is "Access to Diabetes Care." The campaign aims to raise awareness around the millions of people with diabetes around the world who do not have access to diabetes care; and WHEREAS, education is a key part in spreading awareness about what Type 1 diabetes is and is not; and WHEREAS, diabetes often goes undiagnosed because many of its symptoms seem harmless; and WHEREAS, as the number of people with diabetes continues to increase across the world, the role of nurses and other health professional support staff becomes increasingly important in managing the impact of the condition; and WHEREAS, healthcare providers and governments must recognize the importance of investing in education and training. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as `Diabetes Awareness Month" in the City of Dublin and encourages all citizens to increase awareness by taking the time to learn about the signs and symptoms related to diabetes. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 185 Attachment 4 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Entrepreneurship Month" WHEREAS, November is National Entrepreneurship month, a time to recognize and celebrate the successes and contributions of our nation's entrepreneurs; and WHEREAS, Global Entrepreneurship is celebrated in over 170 countries and is the world's largest celebration of the innovators and job creators who launch startups that bring ideas to life, drive economic growth, and expand human welfare; and WHEREAS, new venture creation and new businesses are an integral part of the growth and sustainability to the future of the City of Dublin; and WHEREAS, the City of Dublin has many small businesses and entrepreneurs who continue to be pillars of our community by shifting their operations as we recover from the COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as "Entrepreneurship Month" in the City of Dublin and encourages all citizens to continue to support our small businesses and local entrepreneurs by shopping local. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 186 Attachment 5 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Critical Infrastructure Security and Resilience Month" WHEREAS, the infrastructure of the American way of life is constantly evolving and growing in complexity and connectivity; and WHEREAS, these systems support the millions of activities that people conduct each day to transact business, communicate with friends and family, maintain health and safety, and more; and WHEREAS, Infrastructure Security Month is a time to shine a light on the vital role that critical infrastructure systems and places play in keeping the nation and our communities safe, secure, and prosperous; and WHEREAS, it is also a time to think about how each of us can contribute to the security and resilience of the nation's most essential services and functions, especially in a dynamic environment caused by COVID-19; and WHEREAS, everyone has a role, whether it is investing in resilience, making preparedness plans and exercising those plans, or simply saying something when you see something that looks suspicious. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as "Critical Infrastructure Security and Resilience Month" in the City of Dublin and encourages all citizens to recognize the importance of protecting our infrastructure and to observe this month with appropriate measures to enhance our resilience. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 187 Attachment 6 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "College Application Month" WHEREAS, overwhelming evidence reveals that higher levels of education lead to greater prosperity and competitiveness in the "knowledge economy"; and WHEREAS, College Application Month is intended to expand statewide access and awareness to the college application process for high school seniors, and planning for college cannot begin too early; and WHEREAS, California colleges and universities garner the most college applications in the nation, and the popularity of UC campuses has surged, making it more important to prepare during College Application Month; and WHEREAS, once a student identifies which college they plan to attend, there are important deadlines related to the registration process, including deadlines for paying fees, taking assessment tests, and registering for courses. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as "College Application Month" in the City of Dublin and applauds the role of the Dublin Unified School District teachers and support staff in helping prepare high school seniors and parents for future success. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 188 Attachment 7 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Alzheimer's Disease Awareness Month" WHEREAS, the health and safety of all citizens is important to the happiness, prosperity, and well-being of our families, communities, and economy; and WHEREAS, Alzheimer's disease is a progressive brain disease that slowly deteriorates brain cells, affecting one's reasoning skills and abilities to perform simple tasks, ultimately leading to memory loss; and WHEREAS, Alzheimer's disease, which currently has no cure, is the sixth leading cause of death in adults age eighteen or older in the United States; and WHEREAS, further research of Alzheimer's Disease is critical, as it is the only cause of death among the top ten causes in the United States that currently cannot be prevented, cured or even slowed; and WHEREAS, changing the trajectory of Alzheimer's disease requires public health tools and techniques including encouraging healthy behaviors to reduce the risk of co-occurring conditions, decreasing the number of people with undiagnosed dementia, improving medical management of dementia, and assisting family caregivers with getting support to help them sustain their vital roles; and WHEREAS, it is imperative that Alzheimer's patients receive early diagnoses and have access to quality, affordable care, and that further research of this disease continues. City of Dublin residents have access to numerous memory care facilities in the City and throughout the Tri- Valley. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as "Alzheimer's Disease Awareness Month" in the City of Dublin and encourages all citizens to learn more about Alzheimer's disease and support those living with the disease. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 189 Attachment 8 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Adoption Month" WHEREAS, children are key to the success, prosperity, and quality of life of our communities; and WHEREAS the City of Dublin recognizes the importance of giving children in foster care permanent, safe, and loving families through adoption; and WHEREAS, adoption creates supportive, loving families for children and teens; and WHEREAS, supportive families can help a child or teen overcome past traumatic experiences and reach their full potential; and WHEREAS, there is always a need for parents who are willing to adopt siblings, older youth, and young people with complex medical and behavioral needs; and WHEREAS, there are numerous individuals, nonprofit organizations, and public servants dedicated to finding families for children and teens in foster care who are waiting to be adopted. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as `Adoption Month" in the City of Dublin and encourages all citizens to consider answering the call to find a permanent and caring family for every child in need and supporting the families who care for them. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 190 Attachment 9 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Veterans and Military Families Month" WHEREAS, every November, the President signs a proclamation declaring November as National Veterans and Military Families Month; and WHEREAS, with hundreds of thousands of service members deployed overseas, recognizing the daily sacrifices made by active duty, Guard, and Reserve military families has never been more important; and WHEREAS, during National Veterans and Military Families Month, we honor and express our deep appreciation for these brave men and women and their families; and WHEREAS, the City of Dublin is home to U.S. Army Parks Reserve Training Area (PRFTA), also known as Camp Parks, a premier academic institution, military intelligence facility, and battlefield simulation center that supports military readiness for both the Army Reserve and the entire Joint Force; and WHEREAS, the City of Dublin is also home to Valor Crossing, a veteran family apartment development that allows residents to live in a safe and positive environment and be part of a healthy, growing community. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as `National Veterans and Military Families Month" in the City of Dublin and encourages all citizens to learn more about the history of Camp Parks and honor Veterans and Military Families through the tremendous contributions they have made and continue to make in our country and community. DATED: October i8, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 191 Attachment 10 A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA "United Against Hate Week — November 13-19, 2022" WHEREAS, the United States is a nation of immigrants, whose strength comes from its diversity; and WHEREAS, the Constitution of the United States confers equality on all individuals, regardless of race, gender, orientation, religion, or political beliefs; and WHEREAS, deep divisions within our country are the result of extreme ideology, further strengthening a cycle of mistrust and suspicion fueled by fear, anxiety, and insecurity; and WHEREAS, the number of hate crimes across the United States has increased dramatically in the recent past; and WHEREAS, the City of Dublin stands strongly in support of our diverse community, honoring and protecting every individual regardless of race, creed, color, gender, religion, ethnicity, nationality, orientation, or identity; and WHEREAS, education, compassion, and cooperation are key to unlocking understanding and embracing differences between people; and WHEREAS, the City of Dublin seeks to join other communities around the state in recognizing United Against Hate Week as an important step in bridging divisions as well as strengthening our communities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby proclaim the week of November 13-19, 2022 as "United Against Hate Week" in the City of Dublin and recognizes that it is an important step in bridging divisions and healing communities. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 192 DU BL, UNITED J 1 1 93 Attachment 12 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "American History and Founders Month" WHEREAS, during American History and Founders Month, we celebrate the vibrant American spirit that drives our communities to remarkable heights; and WHEREAS, the purpose of American History and Founders Month is to create a tradition of educating and celebrating the founding history of our country for all Americans; and WHEREAS American History and Founders Month takes place every November; and WHEREAS, preserving and understanding American Heritage are intrinsic values that will serve us throughout our lives, bind us together, and allow us to better understand the foundation of our country; and WHEREAS, the Month of November includes important holidays, such as Election Day, Veterans' Day, and Thanksgiving, that focus on American civics and history. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 2022 as `American History and Founders Month" in the City of Dublin and encourages all citizens to celebrate the rich history of America. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 194 Attachment 13 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Small Business Saturday" November 26, 2022 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 3o million small businesses in the United States; and WHEREAS, small businesses create nearly two out of three jobs in our national economy; and WHEREAS, the City of Dublin supports our local businesses that create jobs, spur economic growth, 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; and WHEREAS, we know that small businesses remain in need of our support as they continue to navigate through and recover from the effects of the COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim November 26, 2022, as "Small Business Saturday" in the City of Dublin, a day to celebrate and support small businesses and all they do for their communities and urge the residents of this community to support small businesses and merchants on this day and throughout the year. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 195 Attachment 14 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Impaired Driving Prevention Month" WHEREAS, Impaired Driving Prevention Month marks a time to raise awareness about the consequences of driving under the influence of alcohol and drugs; and WHEREAS, the season between Thanksgiving and New Year's Day is a period that Mothers Against Drunk Driving® (MADD) describes as "one of the deadliest and most dangerous times on America's roadways due to an increase in impaired driving"; and WHEREAS, MADD is teaming up with law enforcement agencies across the country throughout the month of December 2022, which is being recognized as Impaired Driving Month for the 4ist consecutive year; and WHEREAS, during December, drunk driving increases as more people travel and attend events where alcohol is served; and WHEREAS, MADD is asking everyone to take personal responsibility this holiday season by making a plan for a safe ride home before the celebrations begin by designating a non -drinking, unimpaired driver, using a rideshare program, or providing non- alcoholic beverages. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim December 2022 as "Impaired Driving Month" in the City of Dublin and encourages all citizens to consider staying sober during holiday events or use a ride share or designated driver. DATED: October 18, 2022 Mayor Melissa Hernandez Vice Mayor Jean Josey Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 196 CELEBRATING YEMS 1982 - 2022 DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 4.12 DATE: October I8, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Fiscal Year 2021-22 4th Quarter Financial Review and Additional Special Designation of General Fund Reserves Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will receive a financial report on the fourth quarter of Fiscal Year 2021-22 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2021-22 and confirm additional General Fund reserve designations as of June 30, 2022. FINANCIAL IMPACT: City Council confirmation of General Fund reserve designations will not alter amounts received or spent but will allow Staff to close the Fiscal Year 2021-22 financial books. Total General Fund reserves are projected at $223.5 million as of June 30, 2022, with $64.6 million in the unassigned cash flow reserve, representing 8.1 months of the Fiscal Year 2022- 23 Adopted General Fund Budget. All other funds comply with policies governing fund balance. DESCRIPTION: This report transmits the preliminary financial results of the Fiscal Year 2021-22 year-end, focusing on the General Fund. 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 Annual Comprehensive Financial Report, which will be Page 1 of 7 197 presented to the City Council at the second meeting in December, will contain the final audited results. General Fund Overview (Attachment 2) General Fund operating revenues totaled $114.2 million in Fiscal Year 2021-22, an increase of $11.0 million over the prior year. Total revenues, including an accounting adjustment of unrealized gains and transfers in, were $99.0 million, a decrease of $0.5 million from the prior year. General Fund operating expenditures totaled $80.9 million, an increase of $6.8 million from the prior year. Total expenditures, including contributions to other funds and transfers out, were $85.2 million, an increase of $4.8 million from the prior year. Contributions to capital projects and other funds totaled $4.3 million, a decrease of $2.0 from the prior year. The resulting impact on total General Fund Reserves was an increase of $14.0 million, as shown in Table 1. Table 1: General Fund Summary FY 2020-21 FY 2021-22 Total Reserves, Beginning of Year $190,649,224 $209,764,495 Revenues 103,200,620 114,199,928 Expenditures (74,121,779) (80,931,058) Net Operating Budget Impact 29,078,842 33,268,870 Transfers In 273,623 312,874 Unrealized Gain/Loss (3,936,480) (15,525,055)(1) Transfers Out/Contribution to Other (6,300,714) (4,336,114) Total Reserves, End of Year $209,764,495 $223,485,070 Change from Prior Year $13,720,575 (1) Unrealized Loss includes the accounting adjustments of reversing a $4,516,760 unrealized gain in FY 20-21 and booking an $11,008,295 unrealized loss in FY 21-22. Specific revenue and expenditure changes (+/-$250,000 compared to Fiscal Year 2020-21 actuals and to the Fiscal Year 2021-22 budget) are discussed below. The General Fund Summary (Attachment 2) presents this data by major category. Revenues Property Tax (+$2,179,303 vs. prior year / +$1,423,388 vs. budget) Property Tax revenue in Fiscal Year 2021-22 increased along with a gain in net assessed valuation by $736 million (3.8%) over the prior year. This change is attributed to a 1.036% CPI adjustment as well as growth in home sales in the City. Transfers of ownership accounted for over 50% of the increase in assessed value for the year. Page 2 of 7 198 Sales Tax (+$1,596,435 vs. prior year / +$628,903 vs. budget) Sales Tax revenue came in close to $1.6 million (6.4%) higher than in Fiscal Year 2020-21, primarily attributed to activity in the Fuel and Service Stations sector with high gas prices, strong recovery in the Restaurants and Hotels sector, and the overall high level of consumer spending. Development Revenue (+$2,411,518 vs. prior year / +$986,561 vs. budget) This category includes revenues associated with permits for new development (primarily building permits) as well as tenant improvements on current structures. It also includes fees for City services, most typically zoning and plan checking services. The increase was due to a higher level of activity based on development project timelines. Transient Occupancy Tax (TOT) (+$511,612 vs. prior year / +$255,575 vs. budget) The City has started to see the recovery of TOT revenue from the COVID-19 pandemic, with an increase of approximately 69% compared to the prior year. It should be noted that TOT revenue is only at 60% of the annual average prior to the pandemic. Other Taxes (+$584,211 vs. prior year / +$1,292,861 vs. budget) The net increase in Other Taxes over the prior year and current year budget was related to increases in Property Transfer Tax, which fluctuates with the real estate market, and Garbage Franchise Tax, due to the incorporation of updated garbage collection rates. Interest (-$540,382 vs. prior year / +$1,069,289 vs. budget) Interest earnings came in lower than the prior year, reflective the state of the economic markets. The Fiscal Year 2021-22 budget for interest was relatively conservative as Staff anticipated a low interest rate environment during budget preparation. Rental & Leases (+$825,041 vs. prior year / +$191,049 vs. budget) Fiscal Year 2021-22 rental revenue reached a new high in facility, field, and sports court rentals, an increase of over 40% compared to pre -pandemic levels. Charges for Services (+$3,277,161 vs. prior year / +$2,246,647 vs. budget) The increase in Fiscal Year 2021-22 compared to the prior fiscal year is attributed primarily to a significant increase in Parks and Recreation program revenues, as a result of the resumption of, and robust participation in, the City's recreation programs. Other Revenue (+$292,648 vs. prior year / +$727,292 vs. budget) Many revenues in this category are non -recurring in nature, such as Community Benefit Payments or one-time adjustments. The net increase in Fiscal Year 2021-22 is due to the reimbursement of our annual fire services retiree health payment, as the plan is super funded. Page 3 of 7 199 Expenditures Salaries and Wages (+$1,003,784 vs. prior year /-$1,102,009 vs. budget) While staffing costs came in lower than budgeted because a number of vacant positions remained unfilled during the year, seasonal salaries increased from the prior fiscal year due to the resumption of recreation programs impacted by COVID-19. Benefits (-$25,916 vs. prior year /-$643,704 vs. budget) Benefit costs came in lower than the budget because of vacant positions, but also due to lower retirement costs for employees new to the California Public Employees' Retirement System. Services and Supplies (+$1,112,251 vs. prior year /-$706,644 vs. budget) Expenditures for supplies and services in Fiscal Year 2021-22 were higher than the prior fiscal year due to the re -opening of all City facilities and resumption of recreation programs, as well as an increase in insurance premiums. The expenditure category came under budget due to lower than anticipated expenditures in operating supplies, printing, and advertising, and lower equipment and vehicle maintenance costs. Utilities (+$112,078 vs. prior year /-$540,101 vs. budget) Utilities were higher than the prior fiscal year due to the re -opening of all City facilities, but lower than budget due to a conservative estimate of the annual water rate increase. In addition, the City utilized less recycled water than anticipated due to drought restrictions. Contracted Services (+$3,880,744 vs. prior year /-$4,050,018 vs. budget) Compared to the prior year, contract expenditures came in higher than the prior year mainly due to planned increases in police services, fire services, and maintenance contract costs. In addition, development -related contract services costs were higher than the prior fiscal year based on the timing of development projects, and other contracted services increased due to the resumption of recreation programs. Both development -related and instructor contract services costs are offset by revenues. Compared to the budget, the largest variances were in development services contracts ($1.4 million under budget) due to the timing of development projects, and all other general City contracts ($2.3 million under budget). General City contracts includes a variety of services across departments such as: City Clerk (scanning services), City Attorney services, Administrative Services (sales tax consulting), Public Works (traffic signal consulting and maintenance, street maintenance, and waste management) and Parks and Community Services (Alameda County Library contract). Of the amount remaining for general contracts, approximately $1.1 million will be carried over to Fiscal Year 2022-23 to continue projects underway. Page 4 of 7 200 Capital Outlay (-$299,234 vs. prior year /-$189,662 vs. budget) Capital Outlay expenditures are typically one-time in nature, and they vary from year to year. These purchases were under budget by $189,662 in Fiscal Year 2021-22; of that amount, $70,000 will be carried over to complete the Public Works Department workspace reconfiguration. Debt Service Payment (+$945,285 vs. prior year /-$30,435 vs. budget) The variance in debt service is attributed to the first -year payment for the Energy Lease Revenue Bond. Transfers Out for Capital Improvement Program (CIP) Projects The General Fund transferred out $3.3 million in Fiscal Year 2021-22 for capital project expenditures; of that amount, $2.8 Million was covered by Committed/Assigned Reserves. $12.5 million of the unspent capital project budget will be carried over to Fiscal Year 2022-23. Table 2 summarizes the CIP projects funded by the General Fund. Table 2: General Fund CIPs Project Amount Committed/Assigned Civic Center HVAC and Roof Replacement $22,602 Civic Center Rehabilitation 35,998 Don Biddle Community Park 1,424,807 Dublin Heritage Park Cemetery Improvements 1,159,801 Electric Vehicle (EV) Charging Stations 5,128 Green Stormwater Infrastructure 301 IT Infrastructure Improvement 89,323 Maintenance Yard Facility Improvements 354 Public Safety Complex - Police Services Building 65,163 Subtotal - Committed/Assigned $2,803,478 Alamo Creek Park & Assessment Dist. Fence Replacement $3,233 Annual Street Resurfacing 67,957 Audio Visual System Upgrade 859 Citywide Bicycle and Pedestrian Improvements 2,650 Citywide Energy Improvements 60,861 Downtown Dublin Street Grid Network 10,646 Financial System Replacement 303,032 Restrooms Replacement 280 San Ramon Road Trail Lighting 83,117 Subtotal - Undesignated $532,636 Total - General Fund Transfers Out to CIPs $3,336,114 Reserves (Attachment 3) In June 2022, based on estimated revenues and expenditures at that time, the City Council approved allocations to specific Committed Reserves and Assigned Reserves, shown in Table Page 5 of 7 201 3 below. With the close of the financial books, Staff is recommending additional allocations as described below. This Staff Report also transmits a Resolution (Attachment 1) which confirms designations only of additional Committed Reserves for Fiscal Year 2021-22. City Council approval of Assigned Reserves is not necessary by resolution. Committed Reserves a. Cultural Arts Center - Transfer $2,600,000 from the Fallon Sports Park III Contingency Reserve. On September 20, 2022, the City Council approved the transfer of $2.6 million from the Fallon reserve to the Cultural Arts Center project in conjunction with the award of the construction contract. With the addition, the total Committed Reserve for the Cultural Arts Center project is $7,139,197. Assigned Reserves a. Pension and OPEB - Increase $1,000,000. Staff recommends the addition of the budgeted $1.0 million to this reserve to cover potential future increases in the City's unfunded pension liability, for a total of $17.0 million. b. Dublin Boulevard Extension - Create a new reserve and set aside $20,000,000. On August 16, 2022, Staff provided to the City Council an update on the Dublin Boulevard Extension Project. The preliminary engineering level cost estimate for the project is currently $151.5 million allocated between the City of Dublin and the City of Livermore, and it is expected that Dublin's share will be approximately $124.0 million. Of that amount, $63.0 million and $13.5 million will be funded by the Eastern Dublin Transportation Impact Fee (EDTIF) and Tri-Valley Transportation Development (TVTD) Fee respectively, with $47.5 million remaining in unidentified funding. The project cost included in the updated EDTIF is based on the share of future traffic volume using the Dublin Boulevard extension that is associated with the EDTIF area land use. The $63.0 million in EDTIF funding is not expected to be available by the time the construction phase starts but will be collected over the full buildout of development in Eastern Dublin. Staff is exploring ways of advancing this funding until it is collected, by using General Fund surpluses as possible. Staff will present a comprehensive discussion on the funding plan at an upcoming City Council meeting. The additional allocation, as well as reserve allocations for budget carryovers and per accounting rules and/or City policy, have been incorporated into the General Fund Reserve Balances (Attachment 2). Page 6 of 7 202 Table 3. Committed/Specific Assigned Reserve Recommendations FY 21-22 June 2022 Q4 Total Adjustment Reserve Category Approval Adjustment Adjustment Type Committed Downtown Public Improvement $2,200,000 Lease Revenue Bond Payoff 2,000,000 One -Time Initiative - Capital 1,500,000 Cultural Arts Center Fallon Sports Park III Contingency Assigned ARPA Revenue Replacement $665,878 Non -Streets CIP Commitments 1,000,000 Pavement Management 2,000,000 Pension & OPEB Dublin Boulevard Ext. - Placeholder $2,600,000 (2,600,000) 1,000,000 20,000,000 $2,200,000 2,000,000 1,500,000 $2,600,000 (2,600,000) $665,878 1,000,000 2,000,000 1,000,000 20,000,000 Add Add Add Transfer Transfer Add Add Add Add Add With approval of the recommendations above, the Unassigned Cash Flow Reserve is estimated at $64.6 million (or 8.1 months of the Fiscal Year 2022-23 Adopted General Fund Operating Budget), which is above the reserve target as provided for in the Fund Balance and Reserves Policy. STRATEGIC PLAN INITIATIVE: Special Designation of General Fund Reserves is directly associated with the Two -Year Strategic Plan for Fiscal Years 2022-23 and 2023-24. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing Additional Special Designations of General Fund Reserves For Fiscal Year 2021-22 2) General Fund Summary Q4 FY 2021-22 3) General Fund Reserves Summary Q4 FY 2021-22 Page 7 of 7 203 Attachment I RESOLUTION NO. XX — 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING ADDITIONAL SPECIAL DESIGNATIONS OF GENERAL FUND RESERVES FOR FISCAL YEAR 2021-22 WHEREAS, the City's Fund Balance and Reserves Policy requires special fund balance allocations to be adopted by the City Council, and allows the City Council to take action prior to the end of the fiscal year to direct a specific assignment of the fund balance; and WHEREAS, Staff reviewed updated information regarding fund balance and estimated one-time revenues during the preparation of the Fiscal Year 2021-22 Budget; and WHEREAS, the City Council approved allocations to specific Committed Reserves and Assigned Reserves on June 21, 2022, based on estimated revenues and expenditures at that time. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make additional special allocation of the Fiscal Year 2021-22 year-end balance to the Committed fund balance as follows: • Transfer $2,600,000 from reserve for Fallon Sports Park III Contingency to Cultural Arts Center BE IT FURTHER RESOLVED that, any net resources remaining after special designations, and after meeting the Fund Balance and Reserves Policy requirements, will be left in the Unassigned (Available) Reserve. PASSED, APPROVED AND ADOPTED this 18th day of October 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 204 GENERAL FUND SUMMARY - Q4 FY 2021-22 Attachment 2 Actual 2020-21 Adopted 2021-22 Amended 2021-22 Actual 2021-22 Revenues Property Tax Sales Tax Sales Tax Reimbursements Development Revenue Transient Occupancy Tax Other Taxes Licenses & Permits Fines & Penalties Interest Earnings Rentals and Leases Intergovernmental Charges for Services Other Revenue $53,007,086 $52,763,000 $53,763,000 $55,186,388 24,860,469 22,528,000 25,828,000 26,456,903 (219,445) (610,000) (610,000) (346,696) 7,391,926 7,721,318 8,816,883 9,803,444 743,962 750,000 1,000,000 1,255,575 6,441,357 5,732,706 5,732,706 7,025,567 334,852 313,434 313,434 354,643 75,394 107,432 107,432 70,714 2,809,671 1,200,000 1,200,000 2,269,289 822,841 1,020,768 1,456,833 1,647,882 300,618 285,000 285,000 324,519 4,794,938 5,268,891 5,775,452 8,022,099 1,836,951 1,317,231 1,402,307 2,129,599 Subtotal Revenues - Operating $103,200,620 $98,397,780 $105,071,047 $114,199,928 Transfers In Unrealized Gains/Losses $273,623 (3,936,480) $56,600 $191,116 $312,874 (15,525,055) Total Revenues $99,537,763 $98,454,380 $105,262,163 $98,987,747 Expenditures Salaries & Wages Benefits Services & Supplies Internal Service Fund Charges Utilities Contracted Services Capital Outlay Debt Service Payment Contingency & Miscellaneous $10,666,813 4,754,632 2,782,316 3,685,246 2,399,088 49,039,885 639,176 154,622 $12,772,606 5,372,420 4,110, 511 3,907,323 3,045,467 54, 367, 888 118,677 222,985 $12,772,606 5,372,420 4,601,210 3,907,323 3,051,267 56,970,647 529,605 975,720 133,328 $11,670,597 4,728,716 3,894,567 3,907,323 2,511,166 52,920,629 339,943 945,285 12,832 Subtotal Expenditures - Operating Operating Impact (REV-EXP) $74,121,779 $83,917,877 $88,314,127 $80,931,058 $29,078,842 $14,479,903 $16,756,920 $33,268,870 Transfer Outs & Contributions to Other Funds Transfers Out (CIPs) - Com./Assig. Resery Transfers Out (CIPs) - Undesignated Contribution to OPEB/PERS Contribution to ISF 4,352,208 1,633,905 $948,506 2,404,645 1,000,000 1,000,000 1,000,000 11, 224, 744 4,621,480 1,000,000 1,000,000 2,803,478 532,636 1,000,000 Subtotal - Transfers Out & Contributions 6,300,714 6,038,550 17,846,223 4,336,114 Total Expenditures $80,422,492 $89,956,427 $106,160,350 $85,267,172 GF Impact (Include CIP & Transfers) $19,115,271 $8,497,953 ($898,187) $13,720,575 TOTAL GENERAL FUND BALANCE $209,764,495 $218,262,448 $208,866,308 $223,485,069 Contracted Services Detail Actual 2020-21 Adopted 2021-22 Amended 2021-22 Actual 2021-22 Police Services Fire Services (1) Maintenance Services (MCE) Development Other Contracted Services $20, 731, 301 13,846,016 5,344,843 3,059,578 6,058,148 $22, 294, 777 14,609,570 5,933,838 4,107,935 7,421,768 $21, 788, 548 14, 699, 227 5,933,838 5,259,552 9,289,483 $21,437,403 14,699,226 5,875,493 3,876,551 7,031,956 Total Contracted Services $49,039,885 $54,367,888 $56,970,647 $52,920,629 (1) Police and Fire liability insurance amounts are not included above, they are included in Services & Supplies. 205 RESERVE DESCRIPTION GENERAL FUND RESERVES SUMMARY- Q4 FY 2021-22 Actual 2020-21 Increase 2021-22 Decrease 2021-22 Net Change Attachment 3 Projected 2021-22 Non -Spendable $13,266 13,266 ($2,725) (2,725) ($231,674) ($2,725) (2,725) ($231,674) $10,541 10,541 $4,261,640 60,000 Prepaid Expenses Restricted $4,493,314 Cemetery Endowment 60,000 Developer Contribution - Downtown 1,490,000 1,490,000 Developer Contr - Heritage Park 19,000 19,000 Developer Contr - Nature Park 60,000 60,000 Section 115 Trust - Pension 2,114,314 (231,674) (231,674) 1,882,640 Heritage Park Maintenance 750,000 750,000 Committed $70,694,542 $8,300,000 ($5,648,175) $2,651,825 $73,346,367 Advance to Public Facility Fee 9,857,639 (334,543) (334,543) 9,523,096 Downtown Public Improvement 13,000,000 2,200,000 (23,770) 2,176,230 15,176,230 Economic Development 53,319 (53,319) (53,319) 0 Economic Stability 8,000,000 8,000,000 Emergency Communications 532,113 532,113 Fire Svcs Pension/OPEB 5,671,094 5,671,094 Innovations & New Opportunity 1,031,719 (5,128) (5,128) 1,026,591 One -Time Initiative - Capital 4,966,110 1,500,000 (46,453) 1,453,547 6,419,657 One -Time Initiative - Operating 503,860 503,860 Public Safety Reserve 2,600,000 2,600,000 Specific Committed Reserves Cemetery Expansion (CIP) 1,173,549 (1,159,801) (1,159,801) 13,748 Contribution to Public Facility Fee 6,000,000 6,000,000 Cultural Arts Center (CIP) 4,539,197 2,600,000 2,600,000 7,139,197 Don Biddle Park (CIP) 2,100,000 (1,424,807) (1,424,807) 675,193 Fallon Sports Park III Contingency 3,110,500 (2,600,000) (2,600,000) 510,500 Lease Revenue Bond Payoff 4,000,000 2,000,000 2,000,000 6,000,000 Maintenance Facility (CIP) 55,443 (354) (354) 55,089 Utility Undergrounding (CIP) 3,500,000 3,500,000 Assigned $66,743,520 $26,031,141 ($508,339) $25,522,802 $92,266,322 Accrued Leave 1,296,514 11,530 11,530 1,308,044 Catastrophic Loss 17,710,320 17,710,320 CIP Carryovers 2,735,111 1,353,733 1,353,733 4,088,843 Fiscally Responsible Adjustment 325,000 325,000 Municipal Regional Permit 2,212,931 (3,153) (3,153) 2,209,778 Non -Streets CIP Commitments 2,366,100 1,000,000 (89,323) 910,677 3,276,777 Operating Carryovers 1,882,745 (282,199) (282,199) 1,600,546 Parks and Streets Contingency 201,270 201,270 Pension & OPEB 16,000,000 1,000,000 1,000,000 17,000,000 Relocate Parks Dept 500,000 500,000 Service Continuity 3,150,000 3,150,000 Dublin Blvd Extension - Placeholder (New) 20,000,000 20,000,000 20,000,000 Specific Assigned Reserves ARPA Revenue Replacement 665,878 665,878 665,878 Climate Action Plan 3,000,000 3,000,000 Contribution to ISF 1,500,000 1,500,000 Facade Improvement Grants 374,157 (9,901) (9,901) 364,256 HVAC Replace. & Civic Ctr Improv. (CIP) 3,337,009 (58,600) (58,600) 3,278,409 Pavement Management 2,000,000 2,000,000 2,000,000 Public Safety Complex (CIP) 152,363 (65,163) (65,163) 87,200 Village Pkwy Pavement Reconstruction 10,000,000 10,000,000 Unassigned $67,819,852 $6,390,913 ($20,610,566) ($14,219,653) $53,600,199 Unassigned -Unrealized Gains 4,516,760 (15,525,055) (15,525,055) (11,008,294) Unassigned (Available) 63,303,092 $209,764,495 $40,722,054 ($27,001,479) $13,720,575 64,608,493 $223,485,069 TOTAL RESERVES 206 CELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 4.13 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B,ECT : Amendment to Legal Services Agreement with Meyers Nave Prepared by: John Bakker, City Attorney EXECUTIVE SUMMARY: Meyers Nave has requested that the City Council consider amending its legal services agreement with the City to increase the hourly rate for general legal services, labor and employment advice services, and reimbursable third -party services. STAFF RECOMMENDATION: Approve and authorize the Mayor to execute the Third Amendment to the Amended and Restated Agreement for Legal Services. FINANCIAL IMPACT: The proposed amendment to the agreement for legal services would increase the hourly rates as follows: General Legal Services Labor and Employment Advice and Reimbursable Legal Services DESCRIPTION: $295 per hour to $315 per hour Range $305-$445 per hour to Range: $325-$475 per hour Amendment to Legal Services Agreement The City of Dublin has contracted with Meyers Nave and its predecessors for legal services since the City's incorporation in 1982. In 2018, the City Council amended and restated the agreement (Attachment 1), and it was subsequently amended in 2019 and 2021. (Attachments 2 and 3.) Meyers Nave requested that the City Council consider the following changes to the Page 1 of 2 207 Legal Services Agreement: General Legal Services Labor and Employment Advice and Reimbursable Legal Services $295 per hour to $315 per hour Range $305-$445 per hour to Range: $325-$475 per hour The proposed increase is approximately 6.5%, which is less than the annual rate of inflation of more than 8%. In addition, Meyers Nave proposes the addition of billing categories for "Senior Of Counsel" to be billed at the same rate as "Principals" and a "Paralegal" rate. Attachment 4 is the proposed Second Amendment to the Agreement for Legal Services. The proposed amendment would take effect as of July 1, 2021. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Amended and Restated Agreement for Legal Services 2) First Amendment to Agreement for Legal Services 3) Second Amendment to Agreement for Legal Services 4) Proposed Third Amendment to Agreement for Legal Services Page 2 of 2 208 Attachment I AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of September 1, 2018, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER & WILSON, a professional law corporation, hereinafter referred to as "MNRSW.". WITNESSETH WHEREAS, JOHN D. BAKKER isa principalof the law firm of MNRSW; WHEREAS, CITY and MNRSW are parties to an agreement dated November 1, 2017, entitled "Agreement for Legal Services;" and WHEREAS, said "Agreement for Legal Services" restated various provisions of the Agreement for Legal Services, dated Januaryl-5, 2008, which had been amended several times since 2008; and WHEREAS, the parties desire to amend the compensation section of the "Agreement for Legal Services," to reflect inflation; and WHEREAS, the purpose of this Agreement is to restate the "Agreement for Legal Services" as amended and make the change to the compensation section; and WHEREAS, it is the desire of the parties hereto to enter this Agreement and establish the terms and conditions for rendition of legal services to the CITY OF DUBLIN and the compensation therefore. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Appointment of City Attorney. CITY hereby retains JOHN D. BAKKER, hereinafter referred to as "ATTORNEY," as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent the legal interests of CITY during the term of this Agreement. ATTORNEY shall propose another attorney of MNRSW to serve as the Assistant City Attorney, subject to his or her appointment by the City Council. 2. ATTORNEY'S Services. ATTORNEY shall provide, through his own services and those of such other attorneys of MNRSW, as he shall determine, all legal services usually and normally provided by city attorneys, and specifically those duties and services described in Government Code Sections 41801, 41802, 41803 and 41803.5. Such services shall include, but not be limited to: a. Attendance at City Council and Planning Commission meetings; Legal Services Agreement Page 1 of 4 (Between Dublin and MNRSW) 209 b. A scheduled presence of the City Attorney or Assistant at City Offices ("Office Hours") as may be requested by the City Manager; not to exceed 14 hours per week; c. Preparation of ordinances, resolutions, leases, contracts or other legal documents; d. Preparation of all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the City Council, boards, commissions or officers; e. Rendering legal advice (both oral and written) to members of the City Council, commissions, boards, and to the City Manager, department heads and employees with respect to City matters; f. Negotiating and/or rendering advice with respect to negotiations pertaining to City's contracts, leases and memoranda of understanding; g. Representing City in litigation and/or arbitration or other judicial, administrative or quasi-judicial proceedings; h. Furnishing legal services for assessment district or bond proceedings; and i. Furnishing legal services for the redevelopment agency, parking authority or other agencies or entities which are not operated as an integral part of City, but which are or may be created by City as independent agencies. 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices, hours, support staff and other matters except as provided herein. 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $265 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of $315 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) work for which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal $410 Principal $360 Senior Associate and Of Counsel $315 Associate $290 Legal Services Agreement Page 2 of 4 (Between Dublin and MNRSW) 210 MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. Notwithstanding anything to the contrary in this agreement, the City shall have the right to retain the counsel other than MNRSW in particular matters. 5. No Assignment. This Agreement is entered into by CITY and MNRSW and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney of MNRSW without express written consent of the City Council. This Agreement is not assignable. 6. Insurance ATTORNEY agrees, through MNRSW, to carry malpractice insurance in full force and effect during the term of this Agreement in an amount not less than $1,000,000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence. 7. Annual Review Annually, and at such other intervals as the City Council deems appropriate, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of his firm in furnishing the services provided hereunder, and to review the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not limited to changes in compensation provisions, which changes or amendments shall be evidenced by written amendment hereto. 8: Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days' written notice. 9. Effective Date. This Agreement shall be effective September 1, 2018. 10. Supersession of Prior Agreements. This Agreement shall supersede the Agreement for Legal Services, dated November 1, 2017, as amended. IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. Legal Services Agreement (Between Dublin and MNRSW) Page 3 of 4 211 CITY OF DUBLIN a Municipal Corporation By T4k ,�,d Haubert, Mayor Attest: City Clerk MEYERS NAVE RIBACK SILVER & WILSON Dated: 1 18 D. Bakker, Principal 2877922.1 Legal Services Agreement Page 4 of 4 (Between Dublin and MNRSW) 212 Attachment 2 FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This First Amendment to Amended and Restated Agreement for Legal Services is made and entered into as of July 1, 2019, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY," and MEYERS, NAVE, RIBACK, SILVER & WILSON, hereinafter referred to as "MNRSW." WITNESSETH WHEREAS, CITY and MNRSW are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018; and WHEREAS, it is the desire of the parties hereto to amend the agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: "4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $280 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of $335 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) work for which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal $425 Principal $360 Senior Associate and Of Counsel $315 Associate $290 MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. Notwithstanding anything to the contrary in this Amendment, the City shall have the right to retain the counsel other than MNRSW in particular matters." 213 IN WITNESS WHEREOF, the parties have executed this First Amendment to Amended and Restated Agreement for Legal Services the day and year set forth below. CITY OF DUBLIN a Munici 1 Corporation /wtqDated: By Dated: 3076860.1 7// Attest: 1A5() avid Haubert; May r t t L- Pc-41( City Clerk MEYERS NAVE RIBACK SILVER & WILSON By Jo 1 . Bakker, Principal 214 Attachment 3 SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Second Amendment to Amended and Restated Agreement for Legal Services is made and entered into as of July 20, 2021, and effective July 1, 2021, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY," and MEYERS NAVE, a California professional corporation, hereinafter referred to as WITNESSETH WHEREAS, CITY and MN are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018, as amended as of July 1, 2019; and WHEREAS, it is the desire of the parties hereto to amend the agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Name Change. Effective January 8, 2021, MN changed its name from Meyers, Nave, Riback, Silver & Wilson, a professional corporation, to Meyers Nave, a professional corporation. Effective January 8, 2021, all references to "Meyers, Nave, Riback, Silver & Wilson" and "MNRSW" are hereby amended to read, respectively, "Meyers Nave" and "MN." 2. Amendment of Paragraph 4. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: "4. Compensation. City shall compensate ATTORNEY, through MN, in the amount of $295 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MN, with the following exceptions: (a) litigation, for which ATTORNEY, through MN, shall be compensated at MN's then -current standard public agency rates for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MN; and (b)(i) labor and employment advice and (ii) work for which the City is reimbursed by third parties, for which ATTORNEY, through MN, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MN: Senior Principal $445 Principal $380 Senior Associate and Of Counsel $330 Associate $305 MN will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MN, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. 215 Notwithstanding anything to the contrary in this Agreement, the City shall have the right to retain counsel other than MN in particular matters." IN WITNESS WHEREOF, the parties have executed this Second Amendment to Amended and Restated Agreement for Legal Services the day and year set forth below. Dated: CITY OF DUBLIN, a Municipal Corporation DocuSigned by: July 20, 2021 �(/+(t4�etiro (J By 07C041-7A4CA04C1... Melissa Hernandez, Mayor July 20, 2021 Dated: 3811605.2 Attest: EDocuSigned by: 913870815D22F40A Marsha Moore, City Clerk MEYERS NAVE, a professional corporation DocuSigned by: 97 By.-40336DE7C0D8433... John D. Bakker, Principal Second Amendment to Agreement for Legal Services Page 2 (Between Dublin and Meyers Nave) 216 Attachment 4 THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Second Amendment to Amended and Restated Agreement for Legal Services is made and entered into as of October 18, 2022, and effective July 1, 2022, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY," and MEYERS NAVE, a California professional corporation, hereinafter referred to as WITNESSETH WHEREAS, CITY and MN are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018, as amended as of July 1, 2019 and as of July 1, 2021; and WHEREAS, it is the desire of the parties hereto to amend the agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Amendment of Paragraph 4. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: "4. Compensation. City shall compensate ATTORNEY, through MN, in the amount of $315 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MN, with the following exceptions: (a) litigation, for which ATTORNEY, through MN, shall be compensated at MN's then -current standard public agency rates for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MN; and (b)(i) labor and employment advice and (ii) work for which the City is reimbursed by third parties, for which ATTORNEY, through MN, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MN: Senior Principal $475 Principal and Senior Of Counsel $405 Senior Associate and Of Counsel $350 Associate $325 Paralegal $165 MN will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MN, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to retain counsel other than MN in particular matters." Third Amendment to Agreement for Legal Services Page 1 (Between Dublin and Meyers Nave) 217 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Amended and Restated Agreement for Legal Services the day and year set forth below. CITY OF DUBLIN, a Municipal Corporation Dated: By: Melissa Hernandez, Mayor Attest: Marsha Moore, City Clerk MEYERS NAVE, a professional corporation Dated: By: John D. Bakker, Principal 5204823.1 Third Amendment to Agreement for Legal Services Page 2 (Between Dublin and Meyers Nave) 218 CELEBRATING DUBLIN C AL IFOR N' A STAFF REPORT CITY COUNCIL Agenda Item 6.1 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Nissan Commercial Car Wash (PLPA-2022-00003) Prepared by: Amy Mihlon, Principal Planner EXECUTIVE SUMMARY: The Applicant, Dosanjh Real Estate, LLC, is requesting approval of a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking spaces and related site improvements. The application includes an amendment to Planned Development Zoning Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit. The City Council will consider the proposed Nissan Commercial Car Wash project and a determination that the project impacts are covered by the Kaiser Dublin Medical Center Environmental Impact Report and no further environmental review is required. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and: 1) waive the reading and INTRODUCE the Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial; and 2) adopt the Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project. FINANCIAL IMPACT: All costs associated with processing the Planning Applications are borne by the Applicant. DESCRIPTION: Background The project site is located at the southwest corner of Dublin Boulevard and Kaiser Road as shown in Figure 1 below. Residential and commercial uses surround the site as shown in Table 1 below. Page 1 of 10 219 Figure 1. Project Location 3 vacant vacant . j • Dublin Boulevard • 'Subject site I2 Approved Nissan and Inifinti Auto Dealerships `AisiitaX o 1-580 —111 Table 1: Surrounding Land Uses Location Zoning General Plan Land Use Current Use of the Property North PD (Planned Development) Ordinance No. 06-00 High Density Residential Multi -Family Residential (The Terraces) South PD Ordinance No. 03-19 Medical Campus / Commercial Vacant / Nissan and Infiniti Auto Dealerships (planned) East PD Ordinance No. 07-16 Medical Campus Kaiser Medical Center West PD Ordinance No. 03-19 Medical Campus / Commercial Vacant The City Council approved the Kaiser Medical Center project in 2016. The approvals included a General Plan and Eastern Dublin Specific Plan Amendment (Resolution No. 151-16), Planned Development (PD) Rezone with a Stage 1 Development Plan for the entire project site, a Stage 2 Development Plan for the first phase (Phase 1A) of the Kaiser facilities (Ordinance No. 07-16), and a Development Agreement (Ordinance No. 08-16). The General Plan and Eastern Dublin Specific Plan Amendment established two land use designations, Medical Campus on approximately 36 acres for up to 950,000 square feet of medical campus uses and Medical Campus/Commercial on approximately 22 acres for up to 250,000 square feet of commercial uses (referred to as Phase 1B). The Medical Campus land use designation is intended to provide an attractive, campus -like setting for medical offices, hospitals, and other non -retail commercial uses. The Medical Campus/Commercial land use designation accommodates a range of commercial uses including regional- and community -serving retail uses, professional and administrative offices, hotel, entertainment, automotive sales, and eating and Page 2 of 10 220 drinking establishments. Development of a self-service car wash facility on the Medical Campus/Commercial site is the proposed project. The PD zoning for the commercial site focuses on uses that will generate revenue to the City. The focus on revenue -generating uses is unique to this PD and stemmed from the loss of tax revenue as a result of the uses allowed by the General Plan land use change to Medical Campus to accommodate the Kaiser Medical Center. Kaiser subsequently sold Phase 1B. In February 2019, the new property owner subdivided the Phase 1B site into four parcels as shown in Figure 1. In addition, in April 2019, the City Council approved a PD Rezone with a Stage 2 Development Plan for all four parcels of the commercial site (Ordinance No. 03-19). Parcels 1-3 are currently vacant and the subject project, Nissan Commercial Car Wash, is proposed on Parcel 2. Nissan and Infiniti automobile dealerships have been approved on Parcel 4; the building permit for the Nissan dealership has been issued and the building is currently under construction. A building permit application for the Infiniti dealership has been submitted. On May 17, 2022, City Council held a Study Session on the proposed project and provided direction to Staff to proceed with reviewing this application and an amendment to the PD zoning to allow a commercial car wash. In addition, the City Council directed Staff to evaluate the proposed color scheme, potential noise mitigation, additional mature landscaping and provide notice of the Community Meeting to the Apex community located just west of the project site. Proposed Project The property owner proposes to construct a commercial self-service car wash on the project site consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking stalls, and related site improvements. The car wash would be open to the public and also used by the planned Nissan and Infiniti automobile dealerships. The proposed car wash is not an allowed use under the PD zoning and, therefore, requires an amendment to the existing PD zoning (Ordinance No. 03-19). In addition, the project requires approval of a Conditional Use Permit and a Site Development Review Permit. Analysis Planned Development Zoning Amendment An amendment to the existing PD zoning is proposed to add "Car Wash/Detailing," as defined by the Zoning Ordinance, as a conditional use on Parcel 2. As previously stated, the uses currently allowed in the PD focus on revenue generating uses, which is unique to this PD. In evaluating revenue from other car washes in the City, the revenue generated from car washes is minimal. However, the proposed car wash is also unique in that it supports the Nissan and Infiniti automobile dealerships, which are planned City -revenue generating uses within the PD. The proposed amendment to the PD continues to support the focus on revenue generating uses and would provide a local -serving commercial use that benefits planned businesses within the development as well as the community. The requirement for a Conditional Use Permit (CUP) provides a tool to help ensure that the operation and use of the car wash is compatible with surrounding commercial and residential Page 3 of 10 221 uses. No other changes to the PD are proposed. The draft Ordinance is included as Attachment 1. Conditional Use Permit As noted above, the proposed use would require approval of a CUP. The CUP process allows the City to review the operation of the proposed use to ensure that it is consistent with the intent of the Zoning Ordinance and to limit the likelihood of impacts on existing and future businesses within the Kaiser Commercial development as well as adjacent residential and commercial uses. Operation: The proposed car wash will operate from 8:00 a.m. to 6:00 p.m. daily. The peak periods of operation are anticipated to be Friday afternoons, and Saturday and Sunday mornings. The Applicant, which also operates the Nissan and Infiniti automobile dealerships, anticipates that the Nissan and Infiniti dealerships would use the car wash Monday through Saturday for approximately 10-20 vehicles per day depending on their needs. A car wash cycle through the tunnel takes approximately 2.5 minutes to complete; however, due to the tunnel's conveyance system, multiple vehicles can be in the tunnel at one time. Therefore, it is estimated that the car wash tunnel can accommodate a maximum of 29 vehicles per hour, which is the equivalent to one vehicle loaded every two minutes on the conveyor. Upon completion of the car wash, a customer can park at one of the 15 vacuum parking spaces where 17 individual vacuum stations are located. The additional vacuum stations provide access to both sides of the vehicle at every parking stall. During the hours of non -operation, access to the site will not be restricted; however, the pay station, car wash tunnel and vacuum stations will be powered off. For security purposes, site lighting will remain on. Noise: The Applicant submitted a Noise Assessment Study (NAS) as part of their application materials, which analyzed the noise impacts of the proposed car wash including the vacuum area. The NAS evaluated noise exposure from the property line to the closest residential buildings located across Dublin Boulevard. The NAS is included as Attachment 4. The NAS was required for the project to address to the Noise Element of the Dublin General Plan. The Noise Element uses the Community Noise Equivalent Level (CNEL), which is a time -weighted 24-hour average noise descriptor commonly used to describe community noise environments. Noise levels averaged over 24 hours are often termed "noise exposure." The normally acceptable noise exposure for residential land uses is 60 decibels (dB) CNEL. As the City does not have noise standards for car wash noise impacts on residential land uses, 60 dB CNEL was used in the study as the limit for project -generated noise at the nearest and most impacted residences across Dublin Boulevard from the site. The NAS concluded that car wash operational noise would not exceed 60dB CNEL nor add to the existing noise environment at the residences across Dublin Boulevard. The City engaged the services of First Carbon Solutions (FCS), an acoustical engineer, to peer Page 4 of 10 222 review the NAS. According to FCS, the NAS clearly identified the proposed project's stationary operational noise levels and their potential to result in a substantial permanent increase in ambient noise levels in the project vicinity within the standards established in the General Plan. The operational noise level calculations are verifiable and accurately calculated as measured at the nearest sensitive receptor land use. In order to ensure that the operation of the car wash is within the anticipated limits of the NAS, a condition of approval is included to require an assessment of the actual noise levels at the car wash tunnel to be conducted prior to the facility beginning operation. The assessment would be required, for review and approval of the Community Development Director, prior to operation of the proposed car wash. The Resolution, including findings specified in Dublin Municipal Code Section 8.100.060, approving the CUP and conditions of approval is included as Attachment 2. Site Development Review Permit A Site Development Review Permit is required for all new principal structures. The following is a summary of the key components of the project associated with the Site Development Review Permit. Site Plan, Access, and Circulation: The project site is accessed on the east side of the property from an existing driveway off Kaiser Road as shown in Figure 2. No direct access from Dublin Boulevard is proposed. The intersection of Kaiser Road and Dublin Boulevard is a shared intersection for access to the Kaiser Dublin Medical Center, the Nissan and Infiniti car dealerships, and the vacant commercial sites. The proposed car wash tunnel is proposed on the west side of the property, perpendicular to Dublin Boulevard. The vacuum stations, with 15 parking spaces, are proposed in the middle of the site in two rows. The car wash tunnel and outdoor vacuum stations would be visible from Dublin Boulevard. This placement also results in some units at The Terraces across Dublin Boulevard having direct visual access into the car wash tunnel and vacuum stations. Page 5 of 10 223 Once on site, two vehicle lanes are provided for queuing to the pay station and entry from the north end into the car wash tunnel. The two pay station lanes provide queuing storage for approximately 14 vehicles. As vehicles continue past the pay stations, the lanes merge into one lane for access to the car wash tunnel. This area beyond the pay station accommodates approximately five vehicles. Upon exiting the tunnel on the south end, a vehicle can proceed to either exit the site or park at one of the 15 vacuum parking spaces. Prior to entering the car wash tunnel an escape lane leading directly to the vacuum stations is also available. The City engaged the services of Kimley Horn Associates (KHA) to evaluate traffic impacts and on -site circulation to confirm that queuing for the pay stations and car wash tunnel would be adequate and would not extend onto Kaiser Road and/or Dublin Boulevard. More specifically, KHA prepared a traffic analysis that addressed the following: Figure 2. Site Plan 1. Trip generation comparison between the proposed project and the allowed trips for the Kaiser Commercial area in the Kaiser Dublin Medical Center Project Environmental Impact Report (Kaiser EIR), including pass -by trips; 2. Operational analysis for pedestrians, bicyclists, and motorists that includes internal site circulation and traffic circulation at access points along Kaiser Road and future adjacent parcels; and 3. Pay station queuing. In summary, the traffic analysis determined the following: 1. Trip Generation Comparison. The Kaiser EIR assumed that Phase 1B would consist of 250,000 square feet of commercial use, which results in estimated 8,620 daily trips, 447 AM peak hour trips and 775 PM peak hour trips. The proposed car wash is anticipated to result in 34 AM peak hour trips and 78 PM peak hour trips. The planned Nissan and Infiniti auto dealerships estimate 79 AM peak hour trips and 102 PM peak hour trips. Therefore, the proposed project's cumulative intersection impacts would be within the impacts identified in the Kaiser EIR 2. Operational Analysis. The analysis concluded that the intersections of Dublin Boulevard/Keegan Street/Kaiser Road and Kaiser Road/Car Wash Access are expected to continue to operate at an acceptable level of service. Therefore, no vehicle operational issues are anticipated due to the car wash project. The lack of vehicle queuing issues also eliminates potential conflicts with the pedestrian and bicycle facilities near the project. 3. Pay Station Queuing. The analysis concluded that the layout of the proposed car wash can Page 6 of 10 224 accommodate the queues from the pay station. The two queuing lanes to the pay station allow for storage of approximately seven vehicles in each lane, or 14 vehicles total. Five additional vehicles can queue after the pay station prior to entering the tunnel for a total queuing of 19 vehicles on -site. The analysis concluded that the queues were estimated to be a maximum of 24 vehicles in the peak hour. In order to ensure that vehicle queues do not result in any impacts beyond the subject property (i.e., Kaiser Road), Condition of Approval No. 153 requires the Applicant to monitor the queues and enter into an improvement agreement for a supplemental transportation study within the first 12 months of operation or if an obvious queuing issue develops, whichever is sooner. The traffic analysis is included as Attachment 5. Parking: The parking requirement for the proposed car wash is regulated by the City of Dublin Zoning Ordinance (Section 8.76.080.D). The parking requirement for a self-service car wash is four spaces, plus additional parking for drying/vacuum areas, plus 20 feet in front of each bay for stacking. As shown in Table 2 below, the Applicant proposes to provide 15 vacuum parking spaces. An additional five parking spaces are provided on the south side of the property adjacent to the proposed trash enclosure. Over 100 feet between the entrance of the car wash tunnel and pay station is provided for stacking. Table 2. Parkin Requirements Self -Service Car Wash Drying/Vacuum Area 20' in Front of Each Bay for Stacking No. of Spaces Required 4 15 20 feet No. of Spaces Provided 5 15 100+ feet Architecture: The proposed building is long and narrow reflective of its intended use as a car wash tunnel. It is approximately 40 feet wide, 109 feet long, and 30 feet tall. The architecture is contemporary with a lower middle section and taller elements at both ends. The building's roof is a combination of a flat roof in the middle section and decorative shed roofs at both ends highlighting the taller portions of the building. The building is clad with smooth/flat metal siding painted blue and gray tones. Windows are provided on the upper half of the taller portions of the building and for a small office on the ground floor. The architectural style and materials are compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects within Dublin. The building's elevations as well as color and materials are shown in the Project Plans on Sheet A301 in Attachment 3. The vacuum area is designed with a carport -type canopy providing shade for each vacuum parking stall. The vacuum stations are integrated into the carport -type structure with solar panels and use a muted color palette to reduce their prominence as shown on Sheets A302 and A303 of the project plans (Attachment 3). Two stream waste cans for garbage and recycling are also provided at each station. The Applicant provided photo simulations of the proposed project as seen from Dublin Boulevard Page 7 of 10 225 and Keegan Street included as Attachment 6. Landscape: The entirety of the Kaiser Commercial site, including the subject property, was rough graded in 2021 as part of the development of the Nissan dealership and is currently devoid of vegetation. The preliminary landscape plan includes landscaping around the perimeter of property and between the car wash tunnel queue lanes and the vacuum stations. The conceptual plant pallet includes with a variety of trees, including 24-inch box trees along the perimeter of the site to help screen the internal circulation, parking and vacuum area from Dublin Boulevard and Kaiser Road. The interior of the site is accented with a mix of one -gallon and five -gallon shrubs. New landscape areas are proposed with a variety of drought tolerant plants suitable for low maintenance and water conserving efforts. The landscape concept including the planting plan and palette is provided on Sheet L1 of the Project Plans (Attachment 3). Public Art Compliance: The Applicant intends to satisfy the City's public art requirement through the payment of in -lieu fees. Condition of Approval No.18 confirms this intention. The Resolution approving the Site Development Review Permit and conditions of approval is included as Attachment 2. General Plan/Eastern Dublin Specific Plan Compatibility The subject property is located within the Medical Campus/Commercial land use designation. This designation accommodates a range of commercial uses including regional- and community - serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales and eating and drinking establishments. A car wash is a community -serving retail use. The subject property is also located within the Tassajara Gateway subarea of the Eastern Dublin Specific Plan. The emphasis of this area is to create a "gateway" into eastern Dublin that establishes a positive impression to the travelers that pass through this area. The Specific Plan seeks to achieve this through siting and design of high -profile commercial uses (hotel, conference center, campus office, restaurant) recommended for this area to contribute to the creation of a distinctive "gateway" image. The proposed project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding developments and is compatible with the surrounding neighborhood that includes residential and commercial uses. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided conditions of approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. Conditions of approval from these departments and agencies have been included in the attached City Council Resolution (Attachment 2). ENVIRONMENTAL DETERMINATION: On September 20, 2016, the City Council certified the Kaiser EIR and adopted a Mitigation Page 8of10 226 Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16). Pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15162, the proposed project was examined to determine if further environmental review is required. Based on a review of the project, the environmental analysis in the Kaiser EIR and all of the information in the project record as a whole, the City has determined that there is no substantial evidence that any of the supplemental review standards are met. The proposed project is within the scope of the project analyzed in the Kaiser EIR because the proposed car wash is within the maximum intensity of commercial development anticipated. The circumstances under which the project is to be undertaken have not substantially changed since the Kaiser EIR was prepared and will not substantially change with approval of the project. As supported by the project description and Site Development Review Permit plans, the Kaiser EIR adequately describes the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required by the project other than those previously disclosed and analyzed in the Kaiser EIR. Approval of the project would not create any site -specific operations giving rise to environmental effects different from those examined by the Kaiser EIR or requiring the preparation of an Initial Study. The proposed project would be subject to the Kaiser Dublin Medical Center Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Sections 15162 and 15168(c), the project impacts are covered by the Kaiser EIR and no further environmental review is required for this project. PLANNING COMMISSION REVIEW: The Planning Commission considered this project at their regular meeting on September 27, 2022 and voted 3-2 to recommend denial of the project. There were no public comments. The Commission expressed concern with the compatibility of the project with other land uses in the vicinity, on -site circulation and queuing, and the prominent location of the proposed waste enclosure near the entry driveway. It was also noted that the size of the parcel created limitations to development. The Planning Commission found that the proposed use and related structures are not compatible with other land uses in the vicinity and were not envisioned when the City Council approved Planned Development Zoning Ordinance No. 03-19; the approved Planned Development Zoning for the site focuses on uses that will generate revenue to the City and the proposed use will not meet this important goal, which was included to offset some of the tax revenue loss because of the Kaiser Medical Center; there is no evidence that the lack of a nearby commercial car wash will impact adjacent auto sales; and a low tax revenue generating business should not be encouraged in consideration of the two large undeveloped parcels adjacent to this site. The Planning Commission Resolution recommending denial of the project is included as Attachment 7. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Page 9of10 227 Two City -led Community Meetings were held on August 24 and 25, 2022, to provide Dublin residents with information about the proposed project. As directed by City Council, notices of the Community Meetings were provided to the Apex community in addition to the "Notify Me" subscription notification created for these meetings. No members of the community attended either meeting. In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the project site. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City's development projects webpage. A copy of this Staff Report has been provided to the Applicant and the City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial 2) Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project 3) Exhibit A to the Resolution - Project Plans 4) Noise Assessment Study 5) Traffic Analysis 6) Photo Simulations 7) Planning Commission Resolution No. 22-12 Page 10 of 10 228 Attachment I ORDINANCE NO. xx — 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 03-19 FOR THE KAISER COMMERCIAL PROJECT PLPA 2022-00003 (APN 985-0027-026-00) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Property Owner and Applicant, Dosanjh Real Estate, LLC, submitted an application to construct a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a parking area with 15 vacuum stalls and related site improvements. The applications include an amendment to Planned Development Zoning (Ordinance No. 03-19) for Kaiser Commercial, a Conditional Use Permit and a Site Development Review Permit. The proposed development and applications are collectively known as the "Project." B. The Project site is approximately one -acre located on the southwest corner of Dublin Boulevard and Kaiser Road (Assessor Parcel Number 985-0027-026-00). C. On October 4, 2016, the City Council approved a Planned Development Rezone with a Stage 1 Development Plan for the Kaiser Dublin Medical Center Project which included the subject site as part of Phase IB (also known as Kaiser Commercial) (Ordinance No. 07-16). D. On May 7, 2019, the City Council approved a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan for the Kaiser Commercial site as part of the Nissan Automobile Dealership project (Ordinance No. 03-19). E. An amendment to Planned Development Zoning (Ordinance No. 03-19) is necessary to allow the proposed use. F. In accordance with the California Environmental Quality Act (CEQA) certain projects require review for environmental impacts and, when applicable, environmental documents to be prepared. G. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project Environmental Impact Report (EIR), which included the subject site identified as Phase 1 B, and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16, incorporated herein by reference). H. Pursuant to the requirements of CEQA, the Project was examined to determine if further environmental review is required. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3 229 would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Sections 15162 and 15168(c) exist. Following a properly noticed public hearing on September 27, 2022, the Planning Commission adopted Resolution No. 22-12, recommending denial of an amendment to Planned Development Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours. J. On October 18, 2022, the City Council held a properly noticed public hearing on the Project, including the proposed amendment to Planned Development Zoning (Ordinance No. 03-19), at which time all interested parties had the opportunity to be heard. K. Staff Report dated October 18, 2022, and incorporated herein by reference, described and analyzed the Project, including the proposed amendment to Planned Development Ordinance No. 03-19, for the City Council. SECTION 2: AMENDMENT TO EXISTING STAGE 1 AND STAGE 2 DEVELOPMENT PLAN Amendment to the PD Stage 1 and Stage 2 Development Plan is limited to adding Car Wash/Detailing as a Conditionally Permitted Use with the following notation: Notes: 5. Use allowed on Parcel 2 and only when supporting a City -revenue generating use within the Kaiser Commercial Project Area. SECTION 3. SEVERABILITY The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 4. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 230 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2022, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 231 Attachment 2 RESOLUTION NO. xx-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND A SITE DEVELOPMENT REVIEW PERMIT RELATED TO THE NISSAN COMMERCIAL CAR WASH PROJECT PLPA 2022-00003 (APN 985-0027-026-00) WHEREAS, the Property Owner and Applicant, Dosanjh Real Estate, LLC, submitted an application to construct a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a parking area with 15 vacuum stalls and related site improvements. The applications include amendments to Planned Development Ordinance No. 03-19 for Kaiser Commercial, a Conditional Use Permit and a Site Development Review Permit. The proposed development and applications are collectively known as the "Project;" and WHEREAS, the Project site is approximately one -acre located south on the southwest corner of Dublin Boulevard and Kaiser Road (Assessor Parcel Number 985-0027-026-00); and WHEREAS, on October 4, 2016, the City Council approved a Planned Development Rezone with a Stage 1 Development Plan for the Kaiser Dublin Medical Center Project, which included the subject site as part of Phase IB (also known as Kaiser Commercial) (Ordinance No. 07-16); and WHEREAS, on May 7, 2019, the City Council approved a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan for the Kaiser Commercial site as part of the Nissan Automobile Dealership project (Ordinance No. 03-19); and WHEREAS, an amendment to Planned Development Ordinance No. 03-19 is necessary to allow the proposed use; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) certain projects require review for environmental impacts and, when applicable, environmental documents to be prepared; and WHEREAS, on September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project Environmental Impact Report (EIR), which included the subject site identified as Phase 1B, and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16, incorporated herein by reference); and WHEREAS, pursuant to the requirements of CEQA, the Project was examined to determine if further environmental review is required. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Sections 15162 and 15168(c) exist; and WHEREAS, following a properly noticed public hearing on September 27, 2022, the Planning Commission adopted Resolution No. 22-12, recommending denial of an amendment to Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 33 232 Planned Development Zoning (Ordinance No. 03-19) for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on October 18, 2022, the City Council held a properly noticed public hearing on the project, including the proposed amendment to Planned Development Zoning (Ordinance No. 03-19) for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit, at which time all interested parties had the opportunity to be heard; and WHEREAS, Staff Report dated October 18, 2022, and incorporated herein by reference, described and analyzed the Project, for the City Council. 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 City Council of the City of Dublin hereby makes the following findings and determinations regarding the Conditional Use Permit for the establishment and operation of a car wash/detailing use: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the proposed Project is located on the Kaiser Commercial project site, which was envisioned for a variety of local -serving and regional -serving commercial uses; 2) the proposed Project will provide a local -serving commercial use that benefits the future and planned businesses within the development as well as the community; 3) the proposed use supports the Nissan and Infiniti Automobile Dealerships, which are permitted, City -revenue generating uses within the Planned Development and the proposed use is allowed through a Conditional Use Permit as stated in the amended Stage 1 and Stage 2 Development Plan; and 4) the Project site is accessible from Kaiser Road providing vehicular access with a sufficient amount of queue length for stacking and parking spaces to meet the requirements of the use. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2) the City Council adopted conditions of approval to ensure on -ongoing compatibility with the site's surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Project is located on a parcel envisioned for a variety of local -serving and regional -serving commercial uses; and 2) the proposed use has limited hours of operation from 8:00 a.m. to 6:00 p.m. daily limiting operational impacts to adjacent uses; 3) a Noise Assessment Study analyzing the Project's potential impacts to the adjacent residential uses found the proposed Project would be in compliance with the City's General Plan; and 4) a condition of approval requiring an evaluation of the actual noise levels once the Project is operational will ensure on -going compatibility with adjacent properties and the neighborhood. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) pedestrian and vehicle access is provided to the site from existing sidewalk on Dublin Boulevard and a proposed sidewalk on Kaiser Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 33 233 Road; and 2) the Project is within an area envisioned for a variety of commercial uses that will be served by existing public utilities, services, and infrastructure. E. The subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed in that: 1) the Project site is located on a parcel that is envisioned to be developed with commercial uses; 2) the Project will conform to the density, design, and allowable uses as stated in the Planned Development Ordinance No. 03-19 (as amended) and consistent with the Medical Campus/Commercial land use designation as it pertains to the Kaiser Commercial site in its entirety; and 3) a car wash is a conditionally permitted use in Planned Development Ordinance No. 03-19, as amended. F It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) a car wash is a conditionally permitted use in Planned Development Ordinance No. 03-19, as amended; 2) the proposed use supports the Nissan and Infiniti Automobile Dealerships which are permitted, City -revenue generating uses within the Planned Development; and 3) all activities with the car wash will be limited to 8:00 a.m. to 6:00 pm. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the General Plan land use designation is Medical Campus/Commercial, which allows a range of commercial uses consistent with Planned Development Ordinance No. 03-19, as amended; and 2) the Project will conform to the density, design, and allowable uses as stated in the Planned Development Ordinance No. 03-19, as amended, and will be consistent with the Medical Campus/Commercial land use designation as it pertains to the Kaiser Commercial site in its entirety. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following Site Development Review Permit findings and determinations regarding the Nissan Commercial Car Wash Project: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because: 1) the Project provides an orderly, attractive and harmonious development compatible with surrounding properties and neighborhoods; 2) the Project is utilizing traditional building forms with contemporary, high -quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan and Planned Development Ordinance No. 03-19; 3) the Project will conform to the density, design, and allowable uses as stated in the Planned Development Ordinance No. 03-19, as amended, and will be consistent with the Medical Campus/Commercial land use designation as it pertains to the Kaiser Commercial site in its entirety; 4) the Project includes streetscape enhancements to complement those already in place, which completes the street infrastructure network for the area as well as bicycle and pedestrian infrastructure; and 5) the Project is consistent with the General Plan and Eastern Dublin Specific Plan. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the architecture and landscape design for the Project provides a commercial use within a commercial area; 2) the overall design of the Project is consistent with the design requirements of Planned Development Ordinance No. 03-19 and the proposed layout of buildings, landscaping and parking are well -suited to the uses; 3) the proposed use supports the Nissan and Infiniti Automobile Dealerships, which are permitted, City -revenue generating uses within the Planned Development; 4) the proposed use is allowed through Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 33 234 a Conditional Use Permit as stated in the amended Planned Development; and 5) the proposed Project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding developments, as the Project is compatible with the surrounding neighborhood that includes residential and commercial uses. C. The design of the Project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the Project is proposed because: 1) the architecture and landscape design for the Project provides an appropriate pedestrian scale and the landscaping and parking areas are well -suited to the uses; 2) the overall design of the Project is consistent with the design requirements of Planned Development Ordinance No. 03-19; 3) the proposed use supports the Nissan and Infiniti Automobile Dealerships, which are permitted, City -revenue generating uses within the Planned Development; 4) the proposed use is allowed through a Conditional Use Permit as stated in the amended Planned Development; and 5) the proposed Project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding developments, as the Project is compatible with the surrounding neighborhood that includes residential and commercial uses. D. The subject site is suitable for the type and intensity of the approved development because: 1) the Project site is located on the south side of Dublin Boulevard where a variety of local - serving and regional -serving commercial uses are allowed; 2) the proposed Project will provide a local -serving commercial use that benefits future and planned businesses within the development as well as the community; 3) the Project will conform to the density, design, and allowable uses as stated in the Planned Development Ordinance No. 03-19, as amended, and will be consistent with the Medical Campus/Commercial land use designation as it pertains to the Kaiser Commercial site in its entirety; and 4) the Project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with parking to support the uses. E. Impacts to existing slopes and topographic features are addressed because: 1) the Project site is flat and previously mass graded as part of the site preparation of the Nissan and Infiniti Automobile Dealerships; 2) the roadway and utility infrastructure to serve the site already exists and the Project will complete the frontage improvements on both street frontages; and 3) future approval of grading and improvement plans will enable the site to be modified to suit the Project, which will be developed in accordance with City policies and regulations. F Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a Project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the architectural style and materials will be consistent and compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects in the City; 2) the Project is utilizing traditional building forms with contemporary, high -quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; 3) mechanical features of the Project such as car wash tunnel is screened with landscape materials and the vacuum stalls use a muted color palette to reduce their prominence; and 4) the vacuum stalls are integrated in a solar carport -type structure, which are typical in commercial developments. Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 4 of 33 235 G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the Project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the Preliminary Landscape Plan for the Project site emphasizes the screening the less desirable features of the Project including the entrance to the car wash tunnel, vacuum stations, parking areas and waste enclosure; 2) landscaping will be provided throughout the site; and 3) the Project perimeter and interior landscaping is consistent with residential and commercial development in the vicinity and conforms to the requirements of the City's Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including driveways, pathways, sidewalks, and lighting have been reviewed for conformance with City policies, regulations, and best practices; and 2) development of this Project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves a Conditional Use Permit and a Site Development Review Permit for the Nissan Commercial Car Wash Project, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits, or establishment of use, and shall be subject to review and approval by the City or designee. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.1 Planning, [B1 Building, [PO1 Police, IPW1 Public Works [P&CS1 Parks & Community Services, [ADM1 Administration/City Attorney, fFIN1 Finance, [F1 Alameda County Fire Department, [DSR1 Dublin San Ramon Services District, fCO1 Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: PLANNING CONDITIONS 1. Approval. This approval is for a: 1) Conditional Use Permit (CUP) for Car Wash/Detailing; and 2) Site Development Review Permit (SDR) for the Nissan Commercial Car Wash Project. This approval shall be as depicted and indicated on the plans dated August 11, 2022, prepared by K-12 Architects, New Leaf Landscape Architects and MacKay & Somps stamped approved and on file in the Community Development Department, except as modified by the following conditions of approval. PL Ongoing 2. Effective Date. This CUP and SDR approval becomes effective once the companion Planned Development Zoning District amendment has been approved by City Council and is effective. PL Ongoing Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 5 of 33 236 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 3. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. PL One Year After Effective Date 4. Time Extension. The Director of Community Development may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any conditions of approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 12 months. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. PL Prior to Expiration Date 5. Minor Amendments. Modifications or changes to this CUP and SDR approval may be considered and approved by the Community Development Director if the modifications or changes proposed comply with Chapter 8.100.080 (Amendments) of the Dublin Zoning Ordinance. PL On -going 6. Compliance. Applicant/Property Owner shall operate this use in compliance with the conditions of approval of this CUP and SDR, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL On -going 7. Revocation of Permit. The CUP and SDR approval shall be revocable for cause in accordance with Dublin Municipal Code (DMC) Section 8.96.020.1. Any violation of the terms or conditions of this permit shall be subject to citation. PL On -going 8. Requirements and Standard Conditions. Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all Various Building Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 6 of 33 237 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: applicable conditions required have been or will be met. 9. Required Permits. Applicant/Developer shall obtain all permits required by other agencies, if applicable, including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance 10. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 11. Indemnification. Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On -going 12. Clarifications and/or Changes to these Conditions of Approval. In the event that there needs to be clarification to the conditions of approval, the Community Development Director and/or City Engineer has the authority to clarify the intent of these conditions of approval to the Applicant without going to a public hearing. The PL, PW On -going Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 7 of 33 238 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: Community Development Director and/or City Engineer also has the authority to make minor modifications to these conditions of approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. 13. Equipment Screening. All electrical equipment, fire risers, and/or mechanical equipment shall be screened from public view by landscaping and/or architectural features. Any roof -mounted equipment shall be completely screened from adjacent street view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The building permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. PL Building Permit Issuance and Through Completion/ On -going 14. Hours of Operation. The hours of operation are limited to 8:00 a.m. to 6:00 p.m. daily. PL On -going 15. Noise Assessment. An assessment of the actual noise levels of the car wash tunnel shall be conducted and provided to the Community Development Director for review and acceptance. If actual noise levels are above those anticipated in the Noise Assessment Study prepared by Edward L. Pack Associates, Inc. dated September 12, 2022, recommended measures shall be developed and incorporated to reduce the operation noise levels to an acceptable level. PL Planning Approval of Building Permit Final 16. Project Signage. All project signage shall be incorporated into the existing Master Sign Program for Kaiser Commercial (PLPA-2021-00031). The Applicant shall obtain approval to amend the Master Sign Program. PL Installation of Any Project - Related Signage 17. Accessory/Temporary Structures and Uses. A Temporary Use Permit is required for all construction trailers, security trailers and storage containers used during construction. PL Establishment of Temporary Use 18. Public Art. The Project is required to comply with DMC Sections 8.58.05A and 8.58.05D of Chapter 8.58 (Public Art Program). The Project will make a monetary contribution in -lieu of acquiring and installing a public art project on the property, as provided by DMC Section 8.58.050D. The in -lieu contribution shall be as provided in DMC Chapter 8.58. PL Issuance of Building Permit 19. Mitigation Monitoring Program. Applicant/ Developer shall comply with the Kaiser Dublin PL On -going Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 8 of 33 239 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: Medical Center Final Environmental Impact Report (EIR) certified by City Council Resolution No. 16-16, including all mitigation measures, action programs, and implementation measures contained therein as applicable to Phase 1 B. The EIR is on file with the Community Development Department. 20. Noise/Nuisance. Applicant/Developer shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building. PL On -going PLANNING — LANDSCAPE CONDITIONS 21. Final Landscape and Irrigation System Plans. A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director and shall comply with DMC Section 8.72.030. PL Approval of Final Landscape Plans 22. Water Efficient Landscaping Regulations. The Applicant shall meet all requirements of the City of Dublin's Water -Efficient Landscaping Regulations, DMC Section 8.88. PL Approval of Final Landscape Plans 23. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. PL Approval of Final Landscape Plans and Ongoing 24. Sustainable Landscape Practices. The landscape design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay -Friendly Landscape Guidelines by earning 60 points or more and meeting the nine required practices in the Bay -Friendly Landscape Scorecard. PL Approval of Final Landscape Plans 25. C.3 Stormwater Technical Guidance. The landscape design in the bio-retention C.3 SWQ treatment areas shall not conflict with the recommendations in the Alameda Stormwater Technical Guidance Handbook, October 3, 2017, Appendix B Plant List and Planting Guidance for Landscape -Based Stormwater Measures or the City of Dublin pre -approved list. PL Approval of Final Landscape Plans Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 9 of 33 240 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 26. Plant Clearances. All trees planted shall meet the following clearances: a) Six feet from the face of building walls or roof eaves b) Seven feet from fire hydrants, storm drains, sanitary sewers and/or gas lines c) Five feet from top of wing of driveways, mailboxes, water, telephone and/or electrical mains. d) Fifteen feet from stop signs, street or curb sign returns e) Fifteen feet from either side of a streetlight f) Plant clearances may be modified with approval from the Community Development Director on a case -by case -basis. PL Approval of Final Landscape Plans 27. Tree Sizes. Size of all new trees shall be a minimum of 24-inch box. Height of tree shall be proportional to the box size and tree trunk caliber shall be 1.5 feet minimum diameter at breast height (DBH). PL Approval of Final Landscape Plans 28. Plan Coordination. Civil Improvement Plans, Joint Trench Plans, Street Lighting Plans and Landscape Improvement Plans shall be submitted on the same size sheet and plotted at the same drawing scale for consistency, improved legibility and interdisciplinary coordination. PL Approval of Final Landscape Plans 29. Maintenance of Landscape. All landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. PL On -going BUILDING CONDITIONS 30. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 31. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. B Issuance of Building Permits 32. Building Permits. To apply for building permits, Applicant/Developer shall submit electronic drawings for plan check. An annotated copy of the B Issuance of Building Permits Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 10 of 33 241 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: Conditions of Approval shall be included with the submittal. The notations shall clearly indicate how all conditions of approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non - City agencies prior to the issuance of building permits. 33. As -Built Drawings. All revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. B Occupancy 34. Addressing. a) Provide a site plan with the City of Dublin's address grid overlaid on the plans (1 to 30 scale). Highlight all exterior door openings on plans (front, rear, garage, etc.). Application and required plans shall be submitted electronically. b) Address signage shall be provided as per the Dublin Commercial Security Code. c) Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, four inches in height minimum. B Prior to Release of Addresses Prior to Permitting Prior to Occupancy 35. Engineer Observation. The Engineer of Record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the B Prior to Scheduling the Final Frame Inspection City Inspector prior to scheduling the final frame inspection. 36. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Prior to Permit Issuance 37. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non -movable materials approved by the Chief Building Official and Director of Community Development. B Occupancy of Building Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 11 of 33 242 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 38. Plumbing Fixture Count. The plumbing fixture count (e.g., water closets, lavatories, urinals, drinking fountains) shall meet the minimum requirements for the use as regulated by the CA Plumbing Code. B Prior to Permitting 39. Solar Zone — CA Energy Code. Show the location of the Solar Zone on the site plan. Detail the orientation of the Solar Zone. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. B Through Completion 40. Accessible Parking. The required number of parking stalls, the design and location of the accessible parking stalls shall be as required by the CA Building Code, Chapter 11-B. B Through Completion 41. Green Parking. The design and number of clean air/EV ready stalls shall be as required by the CA Green Building Standards Code. B Through Completion 42. Retaining Walls. All retaining walls over 30 inches in height and adjacent to a walkway shall be provided with guardrails. Retaining walls with a surcharge and retaining walls over 36 inches in height shall obtain permits and inspections from the Building and Safety Division. B Through Completion 43. Accessory Structures. Building permits are required for all trash enclosures and associated amenities/structures and are required to meet the accessibility and building codes. B Through Completion 44. Temporary Fencing. Temporary construction fencing shall be installed along perimeter of all work under construction B Through Completion 45. Copies of Approved Plans. Applicant shall provide City with one reduced (1/2 size) copy of the City of Dublin stamped approved plan. B 30 Days After Permit and Each Revision Issuance FIRE PREVENTION 46. No fire service lines shall pass beneath buildings. F Approval of Improvement Plans 47. All fire apparatus access road shall be with an approved all -weathered surface and capable of supporting imposed load of 75,000 lbs. F Approval of Improvement Plans 48. New Fire Sprinkler System and Monitoring Requirements. In accordance with the Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and F Building Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 12 of 33 243 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. a) Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. b) All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. c) Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. d) Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. e) Fire Protection Equipment shall be identified with approved signs constructed of durable materials, permanently installed and readily visible. 49. Fire Access During Construction. a) Fire Access. Access roads, turnaround, pullouts, and fire operation areas are fire lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. b) Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. F During Construction Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 13 of 33 244 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: c) Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to construction commencing. d) Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key- switch, within a 150-foot distance to Fire Lane shall be maintained. e) Personnel Access. Route width, slope, surface and obstructions must be considered for the approved route to furthermost portion of the exterior wall. f) All-weather access. Fire access is required to be all-weather access. Show on the plans the location of the all-weather access and a description of the construction. Access roads must be designed to support the imposed loads of fire apparatus. 50. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the building plans. Additional fire extinguishers maybe required by the fire inspector. a) Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than five feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually. F Occupancy 51. FD Building Key Box. A Fire Department Key Box shall be installed at the main entrance to the building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. The inspector will then lock the keys into the box. F Occupancy Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 14 of 33 245 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 52. Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when building is occupied. F Occupancy 53. General Inspection. Upon inspection of the work for which this submittal was provided, a general inspection of the business and site will be conducted. F Occupancy 54. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters shall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than five inches in height by one -inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. F Occupancy 55. Hazardous Materials. Provide an inventory statement (HMIS) for any/all hazardous materials for approval of process/storage/handling requirements. Project shall meet the requirements of the Alameda County Department of Environmental Health as Certified Unified Program Agency (CUPA). Provide to CUPA the Material Safety Data Sheets, Hazardous Materials Business Plan and all required documentation for permitting process. Contact Alameda County Health services at (510) 567-6780. Hazardous Materials Management Plan. Provide facility site plan showing storage and use areas, maximum amount of material stored or used in each area, container sizes, storage arrangement including the location and dimensions of aisles. Hazardous Materials Inventory Statement. Provide permit application with chemical name, trade names, hazardous ingredients, hazard classification, MSDS, U.N. and C.A.S. number, maximum quantity on -site at one time, storage conditions related to the storage type, temperature and pressure. F Building Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 15 of 33 246 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: The storage, use and handling of hazardous materials in quantities not exceeding the maximum allowable quantity per control shall be in accordance with CFC. 56. Fire Safety During Construction and Demolition. a) Clearance to combustibles from temporary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer's instructions. b) Smoking shall be prohibited except in approved areas. Signs shall be posted "NO SMOKING" in a conspicuous location in each structure or location in which smoking is prohibited. c) Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. d) Flammable and combustible liquid storage areas shall be maintained clear of combustible vegetation and waste materials. F Ongoing during construction and demolition DUBLIN SAN RAMON SERVICES DISTRICT 57. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. DSRSD Issuance of Any Building Permit 58. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payment as established in the DSRSD Code. Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. DSRSD Issuance of Any Grading Permit or Site Permit 59. All improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans for DSRSD facilities shall contain a signature block for the District Engineer indicating approval of the sanitary sewer and/or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, DSRSD Issuance of Any Grading Permit or Site Permit Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 16 of 33 247 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: a faithful performance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 60. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. DSRSD Issuance of Any Grading Permit or Site Permit 61. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Issuance of Any Grading Permit or Site Permit 62. Water and sewer mains shall be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then sewer or water easements must be established over the alignment of each sewer or water main in an off- street or private street location to provide access for future maintenance and/or replacement. DSRSD Issuance of Any Building Permit 63. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Issuance of Any Grading Permit or Site Permit 64. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case -by -case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 30-year operations and maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. DSRSD Issuance of Any Grading Permit or Site Permit 65. This project will be analyzed by DSRSD to determine if it represents additional water and/or sewer capacity demands on the District. Applicant will be required to pay all incremental capacity reserve fees for water and sewer services as DSRSD Issuance of Any Grading Permit or Site Permit Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 17 of 33 248 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: required by the project demands. All capacity reserve fees must be paid prior to installation of a water meter for water. If a water meter is not 66. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 58 has been satisfied. DSRSD Issuance of Any Grading Permit or Site Permit 67. Above ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. DSRSD Issuance of Any Grading Permit or Site Permit 68. Any proposed irrigation for this project shall be designed for and connected to potable water. Unless explicitly stated otherwise by DSRSD, recycled water irrigation is unavailable for use for this project per DERWA recycled water moratorium Resolution No. 19-3 dated 3/24/2019. DSRSD Issuance of Any Grading Permit or Site Permit 69. If trash enclosures are required to drain to the sanitary sewer system, grease interceptors shall be installed near the trash enclosure area. The trash enclosure shall be roofed and graded to minimize rain water or stormwater from entering the trash enclosure. DSRSD Issuance of Any Grading Permit or Site Permit PUBLIC WORKS GENERAL CONDITIONS 70. Conditions of Approval. Applicant/Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below ("Standard Condition") unless specifically modified by Project Specific Conditions of Approval below. PW On -going 71. Compliance. Applicant/Developer shall comply with the City of Dublin Zoning Ordinances, City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. PW On -going 72. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these conditions of approval, the City Engineer has the authority to clarify the intent of these conditions of approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions PW On -going Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 18 of 33 249 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 73. Hold Harmless/Indemnification. Applicant/ Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zone Administrator, or any other department , committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be submitted to the City's promptly notifying or proceeding and the City's full cooperation in the defense of such actions or proceedings. PW On -going 74. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary House In -Lieu fees; Alameda County Flood and Water Conservation fees; Traffic Impact Fees or other development impact fees required by the City of Dublin. Various Departments Grading Permit or Building Permit Issuance 75. Zone 7 Impervious Surface Fees. Applicant/Developer shall complete a "Zone 7 Impervious Surface Fee Application" and submit an accompanying exhibit for review by the Public Works Department. Fees generated by this application will be due at issuance of building permit. PW Grading Permit or Building Permit Issuance PUBLIC WORKS — AGREEMENTS 76. Stormwater Management Maintenance Agreement. Applicant/Developer or Property Owner shall enter into an Agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all stormwater management measures installed as part of the project, including those on -site and within the public Rights of Way. In addition to stormwater management measures and trash capture devices, drainage v-ditches, mitigation areas, and existing wetlands shall be included for reference, as PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 19 of 33 250 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: applicable. Said Agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009-0074. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. PUBLIC WORKS — PERMITS AND BONDS 77. Grading/Sitework Permit. Applicant/Developer shall obtain a Grading Permit or Sitework Permit from the Public Works Department for all grading and site improvements. PW Start of Work 78. Encroachment Permit. Applicant/Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way. At the discretion of the City Engineer an encroachment permit for work specifically included in an Improvement Agreement may not be required. PW Permit Issuance 79. Security. Applicant/Developer shall provide faithful performance security to guarantee the improvements, as well as payment security, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspection). PW Permit Issuance 80. Permits from Other Agencies. Applicant/Developer shall obtain all permits and/or approvals required by other agencies including, but not limited to: • Alameda County Fire Department • Dublin San Ramon Services District (DSRSD) PW Permit Issuance PUBLIC WORKS - SUBMITTALS 81. Improvement Plan Submittal Requirements. All submittals of plans shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements," the "City of Dublin Improvement Plan Review Check List," and current Public Works and industry standards. A complete submittal of improvement plans shall include all civil improvements, joint trench plans, street lighting and on -site safety lighting, landscape plans, and all associated documents as required. The Applicant/Developer shall not piecemeal the submittal by submitting various components separately. PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 20 of 33 251 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 82. Improvement Plan Requirements from Other Agencies. Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all participating non -City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. PW Grading/ Sitework Permit Issuance 83. Composite Exhibit. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed to ensure that there are no conflicts among the proposed and existing improvements. PW Grading/ Sitework Permit Issuance 84. Geotechnical Report. Applicant/Developer shall submit a Design Level Geotechnical Report, which includes but are not limited to grading recommendations. PW Grading/ Sitework Permit Issuance 85. Building Pads, Slopes and Walls. Applicant/Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. PW Acceptance of Improvements 86. Hydrology and Hydraulic Calculations. Hydrology and Hydraulic calculations for the entire parcel including undeveloped areas shall be submitted for approval to the City Engineer. Alameda County published an updated version of the Alameda County Hydrology and Hydraulics (H&H) Manual. The H&H Manual includes updates to calculating runoff and should be used as the basis for your hydrology and hydraulics design of flood control facilities in Alameda County. The manual is available for download at: Alameda County PW Grading/ Sitework Permit Issuance Hydrology & Hydraulics Manual 87. Stormwater Management Plan. The Stormwater Management Plan submitted with the Site Development Review (SDR) has been reviewed in concept. A final Stormwater Management Plan shall be submitted for review and approval by the City Engineer. Approval is subject to the Applicant/Developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards issued by the San Francisco Bay Regional Water Quality Control Board and Alameda Countywide Clean Water PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 21 of 33 252 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: Program. Landscape Based Stormwater Management Measures shall be irrigated and meet WELO requirements. 88. Signing and Striping Plan. A Traffic Signing and Striping Plan showing all existing and proposed signing and striping within public streets, on -site private streets, parking lots and drive aisles shall be submitted for review and approval by the City Engineer. The striping plans should show the complete intersection at the intersection of Kaiser Road and the car wash driveway. Striping plans shall distinguish between existing striping to be removed and new striping to be installed. All striping shall be thermoplastic. PW Grading/ Sitework Permit Issuance 89. Approved Plan Files. Applicant/Developer shall provide the Public Works Department a PDF format file of approved site plans, including grading, improvement, landscaping and irrigation, joint trench and lighting. PW Grading/ Sitework Permit Issuance 90. Master Files. Applicant/Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project, in a format acceptable to the City Engineer. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvements 91. Environmental Services Files. Applicant/Developer shall provide to the Public Works Department GIS shape files, provided in a format acceptable to the City, all MRP Provision C.3 stormwater features, trash capture devices, mitigation measures, wetlands, v-ditches and public waste containers. PW Acceptance of Improvements 92. SB 1383 Compliance Reporting. To comply with SB 1383, applicant shall provide to the Public Works Department records indicating where SB 1383 compliant mulch or compost was applied in the project, the source and type of product, quantity of each product, and invoices demonstrating procurement. PW Acceptance of Improvements 93. Parking Lot Lighting. Applicant/Developer shall prepare a photometric plan for the site lighting to demonstrate that the minimum 1.0 foot candle lighting level is provided in accordance with the City PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 22 of 33 253 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: of Dublin's requirements, or as otherwise approved by the City Engineer. The photometric plan shall show lighting levels which take into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lots and on buildings and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. PUBLIC WORKS - EASEMENTS AND ACCESS RIGHTS 94. Public Utility Easements. Public Utility Easements (PUE), Sanitary Sewer Easements (SSE), Water Line Easements (WLE), and Recycled Water Line Easements (RWLE) shall be established on the property and offsite as required by the agencies and utility companies owning the facilities. PW Building Permit Issuance 95. Abandonment of Easements. Applicant/ Developer shall obtain abandonment from all applicable public agencies of existing easements and rights -of -way within the project site that will no longer be used. Prior to completion of abandonment, the improvement plans may be approved if the Applicant/Developer can demonstrate to the satisfaction of the City Engineer that the abandonment process has been initiated. PW Building Permit Issuance 96. Acquisition of Easements. Applicant/Developer shall be responsible for obtaining all onsite and offsite easements, and/or obtain rights -of -entry from the adjacent property owners for any improvements not located on their property. The Developer shall prepare all required documentation for dedication of all easements on -site and off -site. The easements and/or rights -of -entry shall be in writing and copies furnished to the Public Works Department. PW Building Permit Issuance 97. Grant of Easement and Right -of -Entry. Applicant/Developer shall grant an easement and/or a right -of -entry to the adjacent property owners for the construction, maintenance, and access to common and shared improvements, as may be applicable. PW Building Permit Issuance 98. Encroachment of Structures within Proposed and Existing Easements. Project entry monument signs, lighting standards, walls, C.3 treatment facilities, or any other encroachments within a proposed or existing easement shall not be PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 23 of 33 254 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: permitted unless otherwise approved by the City Engineer or easement holder. Any encroachment allowed to be located in an easement is subject to removal and replacement at the expense of the property owner when the easement rights are exercised by the easement holder. PUBLIC WORKS - GRADING 99. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report, the approved Site Development Review, and the City design standards and ordinances. In case of conflict between the soil engineer's recommendation and the City ordinances, the City Engineer shall determine which shall apply. PW Grading/ Sitework Permit Issuance 100. Geotechnical Engineer Review and Approval. The Project Geotechnical Engineer shall be retained to review all final grading plans and specifications. The Project Geotechnical Engineer shall approve and sign all grading plans prior to City approval. PW Grading/ Sitework Permit Issuance 101. Site Grading Adjacent to Buildings. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope required by the California Building Code. PW Grading/ Sitework Permit Issuance 102. Grading Off -Haul. The disposal site and haul truck route for any off -haul dirt materials shall be subject to the review and approval by the City Engineer prior to the issuance of a Grading Permit. If the Applicant/Developer does not own the parcel which the proposed disposal site is located, the Applicant/Developer shall provide the City with a Letter of Consent signed by the current owner, approving the placement off -haul material on their parcel. A Grading Plan may be required for the placement of the off -haul material. PW Start of Construction; Implementation, and On -going as needed 103. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. The plan shall also address site housekeeping best management practices. PW Grading/ Sitework Permit Issuance 104. NOI and SWPPP. Prior to any clearing or grading, Applicant/Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 24 of 33 255 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. PUBLIC WORKS - STORM DRAINAGE AND OTHER UTILITIES 105. On -site Storm Drain System. Storm drainage for the 10-year storm event shall be collected on -site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the points of connection for the on -site storm drain system. PW Grading/ Sitework Permit Issuance 106. Overland Release. Grading and drainage shall be designed so that surplus drainage (above and beyond that of the 10-year storm event) are not collected in site catch basins, is directed overland so as not to cause flooding of existing or proposed buildings. PW Grading/ Sitework Permit Issuance 107. Storm Drain Easements. Private storm drain easements and maintenance roads shall be provided for all private storm drains or ditches that are located on private property. Applicant/Developer shall be responsible for the acquisition of all storm drain easements from offsite property owners which are required for the connection and maintenance of all offsite storm drainage improvements. PW Grading/ Sitework Permit Issuance 108. Storm Drain Inlet Markers. All public and private storm drain inlets must be marked with storm drain markers that read: "No dumping, drains to creek," include the City Standard detail (CD-704) and a note to indicate that all private inlets shall be marked on the improvement plans. The markers may be purchased from the Public Work Department. PW Acceptance of Improvements 109. Water and Sewer Facilities. Applicant/Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. PW Certificate of Occupancy or Acceptance of Improvements 110. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be shown on the signing and striping plan. PW Acceptance of Improvements 111. Dry Utilities. Applicant/Developer shall construct gas, electric, telephone, cable TV, and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City PW Certificate of Occupancy or Acceptance of Improvements Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 25 of 33 256 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: Engineer and the various Public Utility agencies. 112. Dry Utility Locations. All electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. PW Certificate of Occupancy or Acceptance of Improvements 113. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public view. Landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. PW Certificate of Occupancy or Acceptance of Improvements PUBLIC WORKS — ON -SITE IMPROVEMENTS 114. Surface Slopes. Pavement surface slopes in parking lots and drive aisles shall be a minimum of 0.5 percent and a maximum of five percent (unless otherwise required at parking spaces for the disabled and at ramps at the parking structure and loading dock). Exceptions may be considered by the City Engineer to account for unusual design conditions. PW Grading/ Sitework Permit Issuance 115. Public Litter Cans. Public litter cans are required on site and on the trail to meet DMC Section 7.98.120. Cigarette butt receptacles and appropriate signage are required to be placed on - site in an appropriate location for public and employee use. PW Grading/ Sitework Permit Issuance 116. Project Signs. All proposed project signs or monument signs shall be placed on private property and located outside of any easement areas unless specifically approved by the City Engineer. Any signage located in an easement is subject to removal and replacement at the expense of the property owner if required by the easement holder. PW Grading/ Sitework Permit Issuance 117. Drive Aisle Width. The parking lot aisles shall be as required in DMC Section 8.76.070.A.7 for the proposed parking stall configuration to allow for adequate onsite vehicle circulation for cars, trucks, and emergency vehicles. PW Grading/ Sitework Permit Issuance 118. Vehicle Parking. All on -site vehicle parking spaces shall conform to the following: a) All parking spaces shall be double striped using four -inch white lines set two feet apart in accordance with City Standards and DMC PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 26 of 33 257 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 8.76.070.A.17. b) Twelve -inch -wide concrete step -out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. c) Where wheel stops are shown, individual six feet long wheel stops shall be provided within each parking space in accordance with City Standards. d) A minimum 20-foot radius shall be provided at curb returns and curb intersections where applicable. e) Parking stalls next to walls, fences and obstructions to vehicle door opening (including those in the parking structure) shall be an additional four feet in width per DMC Section 8.76.070.A.16. f) Sidewalks that are designated as an accessible path of travel shall have a minimum width of six foot when adjacent to parked vehicles that overhang the curb. Install wheel stops per City Standard if the sidewalk is less than six feet wide. g) Landscaped strips adjacent to parking stalls shall be unobstructed in order to allow for a minimum two -foot vehicular overhang at front of vehicles. 119. Visibility Triangle. All improvements within the sight visibility triangle at all intersections and driveways, including but not limited to walls and landscaping, shall be a maximum height of 30 inches from the roadway surface elevation at the nearest lane. PW Issuance of Building Permit 120. Photometrics. Applicant/Developer shall provide a complete photometrics plan for both onsite and frontage roadways. Include the complete data on photometrics, including the High, Average and Minimum values for illuminance and uniformity ratio. PW Grading/ Sitework Permit Issuance 121. Bicycle Parking. Applicant/Developer shall install short term (bicycle racks) in accordance with California Green Building Standards Code requirements. Locations of the bicycle parking shall be subject to the review and approval of the City Engineer. PW Issuance of Building Permit 122. Structures in Stormwater Facilities. Structures such as light poles, if absolutely necessary to be placed inside bio-retention areas, shall have the foundations deepened and consequently reducing PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 27 of 33 258 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: the effective bio-retention treatment area size by the area of the foundation footprint. 123. Project Signs. All proposed project monument signs shall be placed on private property. Signs should be located outside of any easement areas unless specifically approved by the City Engineer. Any signage allowed to be located in an easement is subject to removal and replacement at the expense of the Developer/property owner if required by the easement holder. PW Grading Permit Issuance PUBLIC WORKS - NPDES 124. Stormwater Treatment. Consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit (MRP) Order No. R2-2015-0049, the Developer shall submit documentation including construction drawings demonstrating all stormwater treatment measures and hydromodification requirements as applicable are met. PW Grading/ Sitework Permit Issuance 125. Stormwater Requirements Checklist. Applicant/Developer shall submit a "Stormwater Requirements Checklist for Development Projects" and accompanying required documentation. The form can be downloaded from the following webpage, under Stormwater Design Submittal Forms; the applicable checklist should be filled out according to the project scope: http://dublin.ca.gov/1656/Development-Permits--- PW Grading/ Sitework Permit Issuance Stormwater-Require 126. Stormwater Source Control. All applicable structural and operational stormwater source controls shall be implemented. Source control measures for fire sprinkler test water and condensate discharge shall be to a sanitary sewer line. PW Certificate of Occupancy or Acceptance of Improvements 127. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the Association of Bay Area Governments (ABAG) Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. PW SWPPP to be Prepared Prior to Approval of Improvement Plans; Implementation Prior to Start of Construction and On -going as needed Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 28 of 33 259 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 128. Maintenance Access. Applicant/Developer shall design and construct maintenance access to all stormwater management measures. Maintenance access for equipment and personnel to overflow risers, cleanouts and other structures is required. The final number, location, width, and surfacing of maintenance access points from public or private streets is subject to the approval of the City Engineer and GHAD Engineer, as applicable. PW Grading/ Sitework Permit Issuance 129. Clean Bay Blueprint. The Applicant shall add the "Clean Bay Blueprint" to the building plans which can be found on the City website at the link below under Construction Stormwater Best Management Practices (BMPs): http://dublin.ca.gov/1656/Development-Permits--- PW Grading/ Sitework Permit Issuance Stormwater-Require 130. Trash Capture. The project must include appropriate full trash capture devices for both private and public improvements. Specific details on the trash capture devices selected are required on the construction plan set demonstrating how MRP Provision C.10 (trash capture) requirements are met. A list of approved full trash capture devices may be found at the City's website at the following link: insert here. Please note that lead time for trash capture device delivery can be substantial. The applicant/contractor shall plan accordingly. PW Grading/ Sitework Permit Issuance 131. Solid Waste Requirements. The Project must comply with all requirements in DMC Chapter 7.98, including the following requirements: • All public litter containers shall include a portion for recycling. • A solid waste enclosure checklist is required to accompany the submission of enclosure drawings. PW Grading/ Sitework Permit Issuance 132. Waste Enclosure. The waste enclosure shall meet all of the requirements set forth within the DMC Section 7.98, including but not limited to providing sewer and water hook-ups as applicable. The improvement plans and/or building permit plans shall show additional information demonstrating these requirements are met. A standard plan for the waste enclosure can be downloaded at https://dublin.ca.gov/341/Standard-Plans in the PW Grading/ Sitework Permit Issuance "Stormwater Measures" section. A pedestrian accessible path of travel shall be provided for employees from the building to the waste enclosure Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 29 of 33 260 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: in conformance with current accessibility requirements. 133. Garbage Truck Access. Applicant/Developer shall provide plans and details on anticipated garbage truck access and routes, in addition to example set- out diagrams for waste carts/bins placement on garbage day demonstrating adequate space available for carts/bins. Carts and bins shall not block street or driveway access. PW Grading/ Sitework Permit Issuance 134. SB 1383 Compliance. To comply with SB 1383 procurement requirements, all mulch and compost used in stormwater management measures and general landscape areas shall meet SB 1383 procurement requirements. Specifically, compost must be produced at a permitted composting facility; digestate, biosolids, manure and mulch do not qualify as compost. Eligible mulch must be derived from organic materials and be produced at a permitted transfer station, landfill, or composting facility. Examples of allowed compost include arbor mulch and composted mulch. PW Grading/ Sitework Permit Issuance 135. Plants in Bio-retention Areas. Landscaping in bio- retention areas shall be selected from the Alameda County C.3 Technical Guidance or the City of Dublin pre -approved list. PW Grading/ Sitework Permit Issuance PUBLIC WORKS - CONSTRUCTION 136. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented between October 1st and April 30th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the improvements. PW Start of Construction and On -going 137. Archaeological Finds. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. PW Start of Construction and On -going 138. Construction Activities. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non -City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise PW Start of Construction and On -going Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 30 of 33 261 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case -by -case basis. Note that the construction hours of operation within the public right of way are more restrictive. 139. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On -going 140. Construction Noise Management Plan. Applicant/Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. PW Start of Construction Implementation, and On -going needed 141. Traffic Control Plan. Closing of any existing pedestrian pathway and/or sidewalk during construction shall be implemented through a City approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction and On -going 142. Construction Traffic Interface Plan. Applicant/Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction and On -going 143. Pest Control. Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On -going 144. Lighting Inspection. Prior to occupancy, Applicant/Developer shall request an inspection of the lighting levels throughout the site to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot-candle requirement, or for other safety or operational reasons, the Applicant/Developer shall do so prior to Occupancy PW Occupancy Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 31 of 33 262 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: 145. Construction Traffic and Parking. All construction related parking shall be off the public street. PW Start of Construction and On -going 146. Dust Control Measures. Applicant/Developer shall be responsible for watering or other dust -palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction; Implementation On -going as needed 147. Dust Control/Street Sweeping. Applicant/ Developer shall provide adequate dust control measures at all times during the grading and hauling operations. All trucks hauling export and import materials shall be provided with tarp cover at all times. Spillage of haul materials and mud -tracking on the haul routes shall be prevented at all times. The Developer shall be responsible for sweeping of streets within, surrounding and adjacent to the project if it is determined that the tracking or accumulation of material on the streets is due to its construction activities. PW Start of Construction Implementation, and On -going needed PUBLIC WORKS — SPECIAL CONDITIONS 148. Street Restoration. A pavement treatment, such as slurry seal or grind and overlay, will be required within the public streets fronting the site as determined by the Public Works Department. The type and limits of the pavement treatment shall be determined by the City Engineer based upon the number and proximity of trench cuts, extent of frontage and median improvements, extent of pavement striping and restriping, excessive wear and tear/damage due to construction traffic, etc. PW Grading/ Sitework Permit Issuance 149. Property Frontage Repairs. Applicant/Developer shall be responsible for repairing the curb, gutter, and sidewalks along the property frontage that have become a tripping hazard, damaged, and are non- compliant with the current ADA standards whether existing or caused by the construction work or other factors. PW Grading/ Sitework Permit Issuance 150. Curb Ramps. Applicant/Developer shall construct ADA compliant dual curb ramps consistent with the latest edition of the Caltrans Standard Plans, along the property frontage at Kaiser Road to provide continuity to the pedestrian crosswalks at the driveway entrances. PW Grading/ Sitework Permit Issuance 151. Pedestrian Access and Sidewalk Easement. Applicant/Developer shall provide an accessible pedestrian path with a minimum width of five feet along the property frontage on Kaiser Road and PW Grading/ Sitework Permit Issuance Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 32 of 33 263 # CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: ensure pedestrian access is provided to and from Dublin Boulevard in accordance with current Public Works and Building Code requirements. 152. Stop Sign Installation. Install a MUTCD standard stop sign at the project driveway at the intersection with Kaiser Road. PW Grading/ Sitework Permit Issuance 153. Project Queuing. Applicant/Developer shall monitor the queues and make sure that they do not extend into Kaiser Road or Dublin Boulevard by employing staff to manage the queues. Applicant/Developer shall enter into an Improvement Agreement with the City for a supplemental transportation study to be performed by an on -call consultant with the City to review the queuing patterns at the intersection of the car wash driveway and Kaiser Road and at Dublin Boulevard and Kaiser Road specific to the proposed use. The review shall be conducted during peak hours within the first 12 months of operation or if an obvious queuing issue develops, whichever is sooner. If a queuing issue is identified by the study, off -site and on -site circulation shall be reviewed to make recommendations for improvements. Applicant/Developer shall implement the recommendations or improvements based on the traffic study. Applicant/Developer shall provide faithful performance security to guarantee the supplemental transportation study and recommended improvements, as determined by the City Engineer. PW Grading/ Sitework Permit Issuance PASSED, APPROVED, AND ADOPTED this 18th day of October 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 33 of 33 264 NISSAN COMMERCIAL CAR WASH Site Development Review September 12, 2022 TABLE OF CONTENTS C.1 SITE PLAN C.2 FIRE ACCESS PLAN C.3 TRASH PICK UP PLAN C.4 PRELIMINARY UTILITY PLAN C.5 PRELIMINARY GRADING PLAN C.6 PRELIMINARY CROSS SECTIONS C.7 PRELIMINARY STORMWATER MANAGEMENT PLAN C.8 VEHICLE CIRCULATION PLAN L.1 CONCEPTUAL LANDSCAPE PLAN A101 ARCHITECTURE SITE PLAN A102 TRASH ENCLOSURE DETAILS A201 FLOOR PLAN A301 ELEVATIONS A302 VACUUM CANOPY ELEVATIONS A303 VACUUM CANOPY ELEVATIONS A304 PAY CANOPY ELEVATIONS PHOTOMETRIC PLAN SP 2 LIGHTING CUT -SHEETS Prepared By: K-12 Architects New Leaf Landscape Architects MacKay & Somps Prepared For: Dosanjh Real Estate LLC 265 DUBLIN1 BLVD NON -ACCESS EASEMENT 25' UTILITY ESMT FUTURE ACCESS PNTO ADJACENT PARCEIL r. r: /1" PROJECT BOUNDARY co , 'Il,� UTILITY•'-:•'•:• =�� ` ESMT ••- �� FUTURE HOTEL & COMMERCIAL USE PARCEL APN# 985-0027-027-00 25' UTILITY ESMT SDE I - I I H ROW PSE PAE SDE SITE SUMMARY BUILDING AREA: 3574± SF TOTAL CAR WASH SITE AREA: 43563± SF FLOOR AREA RATIO (FAR): 0.08± NOTE: 1. ALL DIMENSIONS ARE SHOWN AS AN INDICATION ONLY AND ARE TO BE ADJUSTED DURING FINAL DESIGN 2. ALL EXISTING EASEMENTS ARE TO REMAIN EXISTING MEDIAN PROPOSED SIDEWALK AND CURB RAMPS PARALLEL TO KAISER ROAD (PRIVATE) TO BE COORDINATED WITH ADJACENT KAISER MEDICAL DEVELOPMENT LEGEND: Ilii htil EXISTING ENTRY TO BE IMPROVED AND USED FOR ACCESS � 1 TRANSFOliMER CURB RAMPS LIGHTS PEDESTRIAN ACCESS ROUTE PROPOSED SIDEWALK AND CURB RAMPS PARALLEL TO KAISER ROAD (PRIVATE) TO BE COORDINATED WITH ADJACENT KAISER MEDICAL DEVELOPMENT EXISTING MEDIAN 30 60 SCALE: 1 "=30' ❑z eon Ekz O P fig cd ra at Ewa SHEET NO. C.1 OF: 8 SHEETS 266 DUBLINI BL\ID FUTURE ACCESS TO ADJACENT PARCEL FUTURE HOTELL (1r,COMMERCIALL USE PARCEL APN# 985-0027-027-00 LEGEND 1 I 6_ FIRE DEPARTMENT ON -SITE ACCESS ROUTE EXISTING ENTRY TO BE IMPROVED AND USED FOR ACCESS SHEET NO. C.2 OF: 8 SHEETS 267 LL1 LL1 0 O LC) c, LL1 N -: o C_> OD 1 0- LL1 D DUBLIN\I BL\/D PROJECT BOUNDARY TRASH ENCLOSURE FUTURE ACCESS ONTO ADJACENT PARCEL FUTURE HOTELL COMMERCIAL USE PARCEL APN# 985-0027-027-00 --- a LEGEND GARBAGE PICKUP ROUTE NOTE: TRASH PICKUP ROUTE SUBJECT TO APPROVAL BY AVI. ACCESSIBLE ROUTE TO TRASH ENCLOSURE LOCATION WILL BE PROVIDED WITH FINAL DESIGN. 4.5 35 zo 1 Rear —Load Garbage Truck Overall Lencth Overall Widt1 Overall Body Height Min Body Ground Clearance Track Width Lock —to —lock time Curb to Curb Turning Radius EXISTING ENTRY TO BE IMPROVED AND USED FOR ACCESS I I I I I 1 I 1 1 1 I 1 � I 1 1 1 I 1 I � I I 1 I I I I 35.000ft 8.375ft 10.546ft 1.000ft 8.375ft 6.00s 29.300ft 30 60 SCALE: 1 "=30' SHEET NO. C.3 OF; 8 SHEETS 268 �.i LLl D DUBLIN BLVD PROJECT BOUNDARY / /-rTTT7 77% i i i l77z /"/'77-777 7 TT1'/Yl j'o' PSE 6" SANITARY SEWER LATERAL -:-: {I:L::.... -- . II .. • I Illllllli r====51 II II 2" DOMESTIC WATER SERVICE LATERAL 25' DSRSD EASEMENT'_ LEX W3 • 1 ..-t SD >—.. } 310 25' DSRSD EASEMENT FUTURE HOTEL & COMMERCIAL USE PARCEL APN# 985-0027-027-00 110 u, •1.. r.•. ROW PSE SDE ' 1 TRANSFORMER CONNECT TO EX. SDMH LOCATED IN PARCEL 3 SD PIPE PAE CC Cn LEGEND EXISTING SANITARY SEWER (8" MIN MAIN LINE) ••— PROPOSED STORM DRAIN (12" MIN MAIN LINE) EXISTING WATER (8" MIN MAIN LINE) O EXISTING SANITARY SEWER MANHOLE AREA DRAIN STORM DRAIN INLET pQ PROPOSED STORM DRAIN MANHOLE O BIORETENTION OUTLET ▪ BIORETENTION NOTES: 1. PROPOSED UTILITIES SHOWN WILL BE ADJUSTED WITH FINAL DESIGN. 2. ELECTROLIERS WILL BE SPOTTED WITH FINAL DESIGN. NO LIGHTS TO BE INSTALLED WITHIN THE EXISTING DSRSD EASEMENT. 3. EXISTING SANITARY SEWER AND WATER INSTALLED WITH NISSAN DEVELOPMENT ON PARCEL 4. 4. ALL EXISTING UTILITY EASEMENTS TO REMAIN. 30 60 SCALE: 1"=30' PRELIMINARY UTILITY PLAN SITE DEVELOPMENT REVIEW NISSAN COMMERCIAL CAR WASH KAISER ROAD, DUBLIN, CA SHEET NO. C.4 OF: 8 SHEETS 269 LL1 U") PROJECT BOUNDARY 34.19- - -- "351.00:- 348.848: 349.4 SWALE FUTURE ACCESS ONTO ADJACENT PARCEL Lr 350:6 350.86 X351.18 X350.97 49.24 101• )i 49: 72 FF ' 352.64± r••:::� 50: 26 50.62 ;351. 36= X -351 46 DUBLIN BLVD -350aq 350.43 1.5% 350.59 2. P. 350.59 r====�1 I II II II II II 11 11 � 1 .01 351.56 351.31 ` VALLEY GUTTERS ®= 1 1.0% moo} `\ , .• = 351.79 Ililllill -% ---- 349.93 -351. 01 349.93 X390-..45- 349.45 - 351.01 349.19 351.87; - - 351.16= FUTURE HOTEL & COMMERCIAL USE PARCEL APN# 985-0027-027-00 MAX 5.0% '351.20=' 350.67= 350.63-' LEGEND X348.04 EXISTING SPOT ELEVATION X350.04 PROPOSED FINISHED GROUND ELEVATION - FLOW LINE OVERLAND RELEASE ABBREVIATION FF FINISHED FLOOR NOTES: 1. MINIMUM PAVEMENT SLOPE: 1.0% 2. MAXIMUM PAVEMENT SLOPE: 5.0% 3. GRADES TO BE ADJUSTED DURING FINAL DESIGN 4. MAXIMUM GRADES FOR ACCESSIBLE PARKING OR PATH OF TRAVEL: 2.0% FUTURE SIDEWALK AND CURB RAMPS PARALLEL TO KAISER ROAD (PRIVATE) TO BE COORDINATED WITH ADJACENT KAISER MEDICAL DEVELOPMENT EXISTING ENTRY TO BE IMPROVED AND USED FOR ACCESS FUTURE SIDEWALK AND CURB RAMPS PARALLEL TO KAISER ROAD (PRIVATE) TO BE COORDINATED WITH ADJACENT KAISER MEDICAL DEVELOPMENT 30 60 SCALE: 1"=30' wo og W N nU ❑z 0 z 0 Wo 0- Z J 0 PRELIMINARY GRADING SITE DEVELOPMENT REVIEW NISSAN COMMERCIAL CAR WASH KAISER ROAD, DUBLIN, CA y pm EV� y cd ra at Ewa SHEET NO. C.5 OF: 8 SHEETS 270 PROJ. BNDY EX FUTURE HOTEL & COMMERCIAL USE P/L PARCEL 1 25' UTILITY ESMT EXISTING GROUND SECTION A 10'± LS CAR WASH BUILDING FF 351.64 PS 350.94 NTS PROJ. BNDY EX P/L FUTURE HOTEL & COMMERCIAL USE 'VARIES 6-8'± CAR PARCEL 3 ' L/S SWLK PARKING EXISTING GROUND 2% O • SECTION B NTS EA) PAVEMENT FOR VARIES VARIES (MAX 26.5') VACUUM STALLS L/S TRAVEL PATH VARIES L/S PAVEMENT FOR VACUUM STALLS 2% O lbob 4' SWLK 3�AX 1-2% SECTION C VARIES BIORETENTION AREA NTS VARIES (MAX 27') TRAVEL PATH PROJ. BNDY EX P/L 10' PSE -AX co 2% O 3�AX 30 ' 1-2% L/S • 1 3:X EXISTING GROUND PROJ. BNDY EX P/L VARIES (B) SECTION DNTS ED) DUBLIN BLVD R/W EXISTING GROUND c� KAISER ROAD R/W 0 30 60 PRELIMINARY CROSS SECTIONS SITE DEVELOPMENT REVIEW NISSAN COMMERCIAL CAR WASH KAISER ROAD, DUBLIN, CA SHEET NO. C.6 SCALE: 1"=30' OF: 8 SHEETS 271 DUDLIN BL\/D CV 0 ti CV CO rn 0 LL1 LL1 UL, PROJECT BOUNDARY FUTURE HOT L COMMERCIAL USE PARCEI APN# 985-0027-027-00 NOTE: 1\i* N*1 LEGEND DMA DRAINAGE MANAGEMENT AREA rr 1 BIORETENTION C.3 SWQ TREATMENT FACILITY LIMITS OF DRAINAGE MANAGEMENT AREA NOTES: 1. THE CALCULATIONS SHOWN IN TABLE HEREON ARE BASED ON ALAMEDA COUNTY CLEAN WATER PROGRAM, C.3 STORMWATER TECHNICAL GUIDANCE OCTOBER 31, 2017. 2. THE COMBINATION FLOW AND VOLUME DESIGN METHOD WAS ADOPTED TO DETERMINE THE REQUIRED SURFACE AREA OF TREATMENT. REFER TO SEPARATE WORKSHEET. 3. SITE MEAN ANNUAL PRECIPITATION IS 18.5 INCHES. 4. RAINFALL INTENSITY IS 0.2 INCHES/HOUR. 5. BIORETENTION TREATMENT AREA TO BE ADJUSTED FOR PROPOSED IMPERVIOUS AND PERVIOUS AREAS DURING FINAL DESIGN. TYPE OF SURFACE AREA OF SURFACE TYPE WITHIN DMA (SF) SIZING FACTOR EFFECTIVE IMPERVIOUS AREA (SF) IMPERVIOUS AREA (SF) 30918 1.0 30918 PERVIOUS AREA (SF) 12646 0.1 1265 TOTAL AREA (SF) 43564 32183 REQUIRED CAPTURE VOLUME (CF) 1812 HOURS OF RAIN EVENT DURATION 3.38 SURFACE AREA OF TREATMENT (SF) 966 DEPTH OF STORED RUNOFF IN SURFACE PONDING AREA (IN) 5.62 DRAINS TO SD MAIN 1. THE PRELIMINARY STORMWATER MANAGEMENT PLAN HAS BEEN REVIEWED IN CONCEPT ONLY. A MORE DETAILED REVIEW OF THE DESIGN AND CALCULATIONS WILL BE DONE AT THE SUBMITTAL OF THE CONSTRUCTION PLANS. OVERFLOW RISER WITH GRATE AND TRASH CAPTURE DEVICE FINISH GRADE OF BASIN PLANTING PER LANDSCAPE PLANS - 18' SOIL MIX - 5 INCHES / HOUR INFILTRATION RATE 4' PERFORATED SUBDRAIN 16 CLASS 2 PERMEABLE MATERIAL OR EQUAL CLEANOUT 4' PERFORATED SUBDRAIN TYPICAL BIORETENTION BASIN DETAIL NTS 30 60 SCALE: 1 "=30' N ` ON W.- >> Z o Z U Wg am SITE DEVELOPMENT REVIEW NISSAN COMMERCIAL CAR WASH KAISER ROAD, DUBLIN, CA El CtO ea 6 ace SHEET NO. C.7 272 OF: 8 SHEETS -1 LL1 CC LL1 (1-) _1 O �-) N CC O LL1 ti L) co 0) 1 0- LL1 D DUBLIN\I BL\/D PROJECT BOUNDARY II II II II II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m FUTURE HOTELL COMMERCIAL USE PARCEL APN# 985-0027-027-00 CC D4 LL1 J7 � 1 I I I I I I 1 1 1 I � I 1 1 1 I I I I 1 I I I I I 1 I � 1 9 308 1 gO F-150 Regular Cab 4x2 STYLESIDE 8' Box Overall Lencth 19.308ft Overall Widt'i 6.575ft Overall Body Height 6.350ft Min Body Ground Clearance 0.825ft Track Width 6.575ft Lock —to —lock time 4.00s Curb to Curb Turning Radius 23.500ft 30 60 SCALE: 1 "=30' VEHICLE CIRCULATION PLAN SITE DEVELOPMENT REVIEW i NISSAN COMMERCIAL CAR WASH KAISER ROAD, DUBLIN, CA SHEET NO. C.8 OF: 8 SHEETS 273 CONCEPTUAL PLANT PALLETTE D U B L I N B LVD . Protect existing landscape and irrigation in place (typical) SYMBOL BOTANICAL NAME / COMMON NAME PLANT QTY. PLANT SIZE WATER REQ.'S SPACING ON -CENTER TREES �/ `�� Cs� bPS / COLUMNAR RED MAPLE ACER R. 'SCARLET SENTINEL' 5 24" BOX MODERATE +/- 30' + //////' //////,////////////,//////,,,////////// zzzzzzz '. z z z z z ', z z z z z z� z z z z z z zzzzzz zzzzzzz ,zzzzzzzzzzzz ,,,,;,,,,,,',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,zzzzzzz,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, z i z z z z ', , z z z z z R z z z z z z z z' zzzzzz z z z z z z z z z H/ .. // ;,,,,, ,//////////////////,,,,,// ;,, z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z zzzzzzzzzzzzzzzzzzzzzzz z z z z z z //// z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z '. z z ', '/zzzzzz '/zzzzzz '/ z z z /zzzzzz / z z z z //zzzzzzzzzzzzzzzzzzzzzzzzzzzzzz O \--/\._},,_J CERCIS OCCIDENTALISWESTERN REDBUD / 5 24" BOX LOW + - 17' l �I LAGERSTROEMIA I. 'WATERMELON RED' / CRAPE MYRTLE 3 24" BOX LOW +/- 19' / /, 7777 , „',,,, ,,,,,, + _ _ _ __ ,may; _I s`�•s�,.W1.,���, 70.004k4,,,%,_ I I L— — — — — 1 o LAURUS N. SARATOGA SWEETBAY /...-�lf 9 24 BOX LOW +/- 22- +��. ��, ��.� „_ �,1 ,V� ,� � 1110 _ i ,�, ,�� 1 1 `�� �II� Fib �j - I p d 8 EXISTING LOW N/A I _ j� EXISTING TREE TO REMAIN ma 0 / A•�k►fir II 11 II '�' Sewer s II 11 Signage Typical - :'. � �� V °_Lli .1, L; _- Cleanout � ®n _ Arch. Plans): ► //� 011 (See (See Civil Plans)� I°� �s ccm,.. `° �, 'es° -" h ��0 � ''` \ ►�I _ _ �� SYMBOL BOTANICAL NAME COMMON NAME / PLANT QTY. PLANT SIZE WATER REQ.'S SPACING ON -CENTER 1�� o° � �� s�►+►1 1 SHRUBS/VINES • �' 0 � � e 0�� 0 � � �� � �� � O ACHILLEA MILLEFOLIUM /COMMON YARROW 124 1 GAL LOW 18 A' �„ :::» � * Mt �� ' 0 ( ‘1 �% ---y .- ARCTOSTAPHYLOS D. 'HOWARD MCMINN' / MA NZANITA 27 5 GAL LOW 6011 1 , ji Q ' o ap «II, , - 'MONTARA' _ i, ; b i' w y . • 0 O Q ARTEMISIA C. / CALIFORNIA SAGEBRUSH 29 1 GAL LOW 48" I, i� •W *0 CEANOTHUS G. 'ANCHOR BAY' / POINT REYES CEANOTHUS 69 5 GAL LOW 72" o �,•;�, see /, r r ,_ L.L � ■ .k, �► Ise 100 a i {� .v W - "` 1 CISTUS X 'PURPUREUS'/ ORCHID ROCKROSE 10 5 GAL LOW 48" i� �.., ;r_ elf '° w wA . r ,b- g ` — �� ► , '�. i i� �, J, 1 1 I CISTUS X'SUNSET' / ROCKROSE 46 5 GAL LOW 72" yb�IIJ u/� �� �` W --- t Site Lighting I i {; ,,, 0 ��, ,v r r^�a�IIJUd„uV COPROSMA KIRKII / MIRRORPLANT 78 1 GAL LOW 48" t t Typical_ ji J ,,, ( ,,, ° 'PURPUREA' u "' See Lighting — � t jPlans) i i 0 '"''+ ' ,° GREVILLEA 'NOELII' NOEL GREVILLEA 27 5 GAL LOW 60" i j I1 o_e�o KNIPHOFIA UVARIA / RED-HOT POKER 43 1 GAL LOW 24" V 1 1 b t _ w w w ��Aw,7y z r---y--- ---�� LAVANDULA S. 'OTTO QUAST' /SPANISH LAVENDER 46 1 GAL LOW 36" �, �, ' MYOPORUM PARVIFOLIUM / MYOPORUM 13 1 GAL LOW 60" {. ; �Illlo�,°//� t I b I 'COMPACTA' LOW 36" A MYRTUS C. / DWARF MYRTLE 44 5 GAL --- 0 ii ,k.,,, "°"' j I =fil NANDINA D. 'GULF STREAM' HEAVENLY BAMBOO 15 1 GAL LOW 36" ;:� / M w w w PARTHENOCISSUS TRICUSPIDATA / BOSTON IVY VINE 6 5 GAL LOW 60" f �J< . w w AIL - �e I C �'Oe , r.•/ O >�j 1117101 i PHORMIUM BRONZE BABY / NEW ZEALAND FLAX 'BRONZE 7 5 GAL LOW N/A == 1 e S Storm Drain - ,� ` _ �� w w 0— o w w °""04. T Typical (See i `' 0 I PHORMIUM 'TOM THUMB' / DWARF NEW ZEALAND FLAX 39 1 GAL LOW 36" , W W W e i Civil Plans) ��ii` ~° , 'EVE LOW 60" <::( 1 e mmli , , , RHAMNUS C. CASE' / COFFEEBERRY 18 5 GAL /,;/,'0 1 1 0 �' r. r �° --y I RHAPHIOLEPIS I. 'BALLERINA' / INDIAN HAWTHORNE 36 1 GAL LOW 48" \I, , _ ( o 1I /""\��°N ‘' = A ROSMARINUS O. 'HUNTINGTON CARPET' DWARF ROSEMARY 37 1 GAL LOW 48" I SALVIA GREGGII /AUTUMN SAGE 65 1 GAL LOW 42" ,,.;IP t � �� ,��\ 1 j } ( 000000 ,,�,___100 Clear Vision TEUCRIUM CHAMAEDRYS /GERMANDER 111 1 GAL LOW 24" 0 \���� o �,;�Li �� Triangles 0 TULBAGHIA VIOLACEA / SOCIETY GARLIC 57 1 GAL LOW 18" 1 0 * • __=- GROUND COVERS 9p I 4 yyV�lidd'p„u/i f __ is _ �� BIO-RETENTION PLANTING TO BE A MIX OF DESCHAMPSIA _ II IrJ CESPITOSA (TUFTED HAIRGRASS), KNIPHOFIA UVARIA (RED HOT 1966 SF 1 GAL LOW 24" ' ii POKER), JUNCOS PATENS (CALIFORNIA GRAY RUSH) AND i I 1 0 ;_ .-,- Bike Racks �� � ?!!,AN 4, 4, 4, 4, i, -- 1 o oo•0 CHONDROPETALUM TECTORUM (SMALL CAPE RUSH). be/110'e. (See Arch. Plans) C ,i'„ y i ( ram �3� • EXISTING LANDSCAPE TO BE PROTECTED IN PLACE AND REMAIN 1,650 SF EXISTING N/A N/A 0„,, 00��� .... zzzzzzzzzzz, '' s�*,' 0o Sewer Manhole - T pical _ -c (See Civil Plans) •'0 \ Of /' NOTES 1 , , Site Li htinc (See fighting - T pical Clear Vision y Plans) Triangles �'� ��� � , . /�. I�° °. "' , �' 9° '� /�':.°41 �1 ,< d Igo,= gla,a $� i-IC',.�Q. ° � J �� ' ' tom'�y 5 ' l 1. PLANT PALETTE IS INTENDED AS A REPRESENTATIVE GUIDE OF THE PLANT MATERIAL TO BE USED ACTUAL PLANT MATERIAL USED IN THE , CONSTRUCTION DOCUMENTS MAY VARY. ,,.°8d � � ' " ter' p.,:° a. se"' ' i 2. WATER USE REQUIREMENTS FOR PLANTS (PLANT FACTORS) ARE BASED ON RECOMMENDATIONS FROM THE WATER USE CLASSIFICATION OF _ • o '� �'a `` i �� LANDSCAPE SPECIES (WUCOLS IV 2014) PUBLISHED BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION, JANUARY 2014. • ws.Ps- 11 01........."-:::::. 0 "°°°''`°`'ti 4 AI '� `° ° ' i 3. CONSTRUCTION DOCUMENTS WILL BE PREPARED IN COMPLIANCE WITH THE CITY OF DUBLIN LANDSCAPE REQUIREMENTS AND THE STATE OF ` -`o�`, �.��'.it tfp.,44,01rO �, �� i �i o il �il it mil �i1 !1 �i1 �i mil it mil o mil �ii �i1 �,i o^ �u,<'i �ii p,^rI �' * ► CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO) REQUIREMENTS. 4. BACKFLOW PREVENTER AND ELECTRICAL FOR IRRIGATION CONTROLLER WILL BE DETERMINED WHEN CONSTRUCTION DOCUMENTS ARE i o - COMPLETED FOR THE PROJECT. .I �I Storm Drain -Typical 0 (See Civil Plans) --U___) Electrical Sewer Manhole - Transformer (see Typical (See Civil Plans) Civil Plans) J i / 1 ; 1 i I ' i 1 1 I' I I ' I j 1 1 5. BIO-RETENTION AREA WILL BE IRRIGATED BY EITHER HIGH EFFICIENCY OVERHEAD IRRIGATION OR SUBSURFACE DRIP IRRIGATION AS APPROPRIATE. 6. ALL TREES, SHRUBS AND GROUNDCOVER WILL BE IRRIGATED BY EITHER BUBBLERS OR DRIP IRRIGATION AS APPROPRIATE. 7. SB 1383 COMPLIANCE - COMPOST MUST BE DERIVED FROM ORGANIC MATERIALS AND BE PRODUCED AT A PERMITTED TRANSFER STATION, LANDFILL OR COMPOSTING FACILITY. THE CONTRACTOR SHALL PROVIDE TO THE PUBLIC WORKS DEPARTMENT RECORDS INDICATING WHERE SB 1383 COMPLIANT MULCH OR COMPOST WAS APPLIED IN THE PROJECT, THE SOURCE AND TYPE OF PRODUCT, QUANTITY OF EACH PRODUCT, AND INVOICES DEMONSTRATING PROCUREMENT. 8. LANDSCAPING IN BIO-RETENTION AREAS SHALL BE FROM THE ALAMEDA COUNTY C.3 TECHNICAL GUIDANCE PRE -APPROVED LIST. 0 1 I I II I ' I � I 1 1 , I 1 CONCEPTUAL LANDSCAPE PLAN 8 16 32 '-0" SCALE: 1 6"=1 z J W i w z w a 0 J W W w co Z U z J co 0 0 0 r w i NEWLEAF Landscape Architecture 814 W. 5th Street, Ripon, CA 95366 209-640-3710 r SHEET NO. LI OF: 1 SHEETS 274 PROJECT DATA ASSESSOR'S PARCEL NUMBER(S): ZONING: PROJECT SITE AREA (GROSS): BUILDING DATA: STRUCTURE 985-27-26 PD-PLANNED DEVELOPMENT (1 ACRE) 43,564 S.F. CBC OCCUP. TYPE OF CONST. AREA CAR WASH FLOOR TO AREA RATIO: TOTAL AREA OF SITE: TOTAL AREA OF BLDGS: BUILDING TO HAVE FIRE SPRINKLERS. V B 3,574 S.F. 43,564 S.F. (8.2%) 3,574 S.F. PARKING DATA: REQ'D. CAR WASH 4 SPACES + ADDITIONAL SPACES FOR DRYING/VACUUMS, + 20 FEET IN FRONT OF EACH BAY 19 TOTAL REQ'D PARKING = 19 INCLUDES 4 EVC SPACES BICYCLE SHORT TERM (5% OF REQ. PARKING) = 1 LONG TERM (5% OF REQ. PARKING) = 1 PARKING PROVIDED REGULAR PARKING VAN ACCESSIBLE SPACES CLEAN AIR VEHICLE SPACE EV CHARGING- VAN ACCESSIBLE _ EV CHARGING- ACCESSIBLE SPACE _ EV CHARGING- STANDARD (IN VACUUM STALL) = 2 VACUUM STALLS REGULAR VACUUM STALL- VAN ACCESSIBLE 1 1 1 1 1 = 14 1 TOTAL = BICYCLE 20 SHORT TERM= 2 LONG TERM- IN EQUIPMENT ROOM= 1 SCOPE OF WORK THE PROJECT IS TO DEVELOPE AN EXPRESS CAR WASH CONSISTING OF A 105'-0" CAR WASH TUNNEL. THERE WILL BE 15 SELF SERVE VACUUMS. A TWO LANE PAY STATION WITH A CANOPY, WITH STACKING FOR 20 CARS. WE WILL. BE RECYCLING ABOUT 70% OF THE WATER. THERE WILL BE 3-4 EMPLOYEES. DUBLIN BLVD 20 SITE PLAN ti— SITE PLAN KEYNOTES 24 25 26 27 28 PROPERTY LINE SETBACK MONUMENT SIGN. BY OWNER 6" HIGH CONCRETE CURB. 4" THICK CONCRETE WALK. SEE LEGEND THIS SHEET LANDSCAPING. SEE LEGEND THIS SHEET A/C PAVING. ACCESSIBLE CURB RAMP SITE YARD LIGHT. WITH CONCRETE BASE SHALL HAVE A DRY SACK FINISH. TYPICAL. TRASH ENCLOSURE AND GONG. APPROACH APRON, SEE DETAIL 6/A102 4" WIDE PAINT STRIPING, WHITE, UNLESS NOTED OTHERWISE DETECTABLE WARNING SURFACE NEW DRIVEWAY - SEE CIVIL DWGS ± 144'-0" LF OF VEHICLE STACKING x 2 LANES 14 CARS STACKED BEFORE PAYSTATION, WITH + 5 CARS AFTER TO TUNNEL, 19 CARS TOTAL STACKING PAY STATION OVERHEAD ESCAPE LANE/ TURN AROUND CASHIER PAY STATION, SEE A304 CAR WASH VACUUM STATION SEE A302. A303 VACUUM STANCHION WITH METAL ROOF CAR WASH VACUUM ROOF OVERHEAD CAR WASH ENTRY SIGN ACCESSIBLE POLE MOUNTED SITE SIGN ACCESSIBLE VAN PARKING STALL ACCESSIBLE VACUUM PARKING STALL PUBLIC RIGHT AWAY SIDEWALK CLASS I RACK FOR 2 BICYCLES. INSTALL PER MFR. SPECIFICATIONS LONG TERM BICYCLE RACK IN THE EQUIPMENT ROOM REQUIRED ACCESS TO NEIGHBORS PROPERTY SIDEWALK LIGHT BOLLARD ELECT. TRANSFORMER AREA DRAIN SEE CIVIL FUTURE EV CHARGER LOCATION, TYPICAL OF 4 EV CHARGING ONLY - TO BE ,ADDED WHEN EV CHARGERS ARE INSTALLED. INFRASTRUCTURE WILL BE INSTALLED NOW. BUILDING COLUMN STORM DRAIN DETENTION SEE CIVIL EASEMENT LINE, SEE CIVIL DRAWINGS SITE LEGEND AC PAVING/EXISTING PUBLIC RIGHTAWAY SIDEWALK LANDSCAPING CONCRETE WALKWAY ALL WALKWAYS AND SIDEWALKS ALONG ACCESSIBLE ROUTES OF TRAVEL (1) ARE CONTINUOUSLY ACCESSIBLE, (2) HAVE A MAXIMUM 1/2" CHANGE IN ELEVATION, (3) ARE MINIMUM 48" IN WIDTH, (4) HAVE A MAXIMUM 2% CROSS SLOPE, AND (5) WHERE NECESSARY TO CHANGE ELEVATION AT A SLOPE EXCEEDING 5% (I.E., 1:20) SHALL HAVE RAMPS COMPLYING WITH 2013 CBC, SECTION 11B-405 OR 118406 AS APPROPRIATE. WHERE A WALK CROSSES OR ADJOINS A VEHICULAR WAY, AND THE WALKING SURFACES ARE NOT SEPARATED BY CURBS, RAILINGS OR OTHER ELEMENTS BETWEEN THE PEDESTRIAN AREAS AND VEHICULAR AREAS SHALL BE DEFINED BY A CONTINUOUS DETECTABLE WARNING WHICH 15 36" WIDE, COMPLYING 2013 CBC, SECTION 11B-705.1.2.5. PATH OF TRAVEL 11 K12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: COMMMEACIAL KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 IPROJECT DATE: 2-16-22 SHEET CONTENTS: SITE PLAN SHEET NUMBER: A101 275 6' COMPACTED GRAVEL 1/2" EXPANSION JOINT, FLEXIBLE CAULK OVER EXPANSION JOINT. a,OF a,AtieFelfrAtil TOOLED EDGE TOP OF A.C. PAVING OR CONC. PAVING • -,4111 6" • REFER TO CIVIL DRAWINGS FOR SUBGRADE PREP. € PAVING REQ'MTS #4 CONT. REBAR TOP € BOTTOM CONC. WALK CURB SCALE: 1 1 /2"=1'-0" Br DETAIL C - C 1 1/2" x 1 1/2" x 1" ANGLE WELDED TO STATIONARY GATE STANLEY GATE LATCH (PRE DRILL BOLT TO FRAME OR WELD TO FRAME) B„ 11 11 „ 77 B,, ,, „ ,, ,, ,, ,, ,, ,, ,//, „ „ „ ,, „ „ ,, ,, ,, /- „ ,,„ /\ „ „ C N r--� il\u B8 @. 7\ 7\ C ,, 77 ,, ,, ,, ,, „ ,, . „ , „ ,,,, ,7 , „ „ ,. ,A „ „ „ „ „ ,, ,, ,, ,, ,, „ ,, \\ N 7 /\ NN /A „\ / A TRASH ENCLOSURE GATE 6' S. STL. POST ELEV. 6'-0" A.G. TOP OF WALL LOCINOX MAMMOTH180 HINGE, MOUNT PER MANUFACTURER INSTRUCTIONS 1 1/2" x 1 1/2" ANGLE FRAME 1 1/2" 24 ga. METAL SIDING WELDED TO FRAME PAINT TO MATCH BLOCK COLOR 1 1/2" x 1 1/2" ANGLE BEYOND STANLEY CD 1000 CANE BOLT FASTEN TO ANGLE WITH 2-M.B. T€B NOTE: PAINT DOORS TO MATCH STRUCTURE DETAIL B - B DETAIL A - A SCALE: 1/2" = 1'-0" 1 / 6" LANDSCAPING TOOLED EDGE TOP OF A.C. PAVING OR CONC. PAVING • REFER TO CIVIL DRAWING FOR SUBGRADE PREP. AND PAVING REQ'MTS #4 CONT. REBAR TOP $ BOTTOM CONC. CURB © LANDSCAPING SCALE: 1 1 /2"=1'-0" • LANDSCAPE STRIP. SEE NOTE 6 6" PROTECTIVE CURB, SEE NOTE 3 PEDESTRIAN GATE 18. (MIN), SEE NOTE 2 ir / PEDESTRIAN 3' (MIN) WALKWAY PIVOTING GATE, SEE NOTE 4 RECESSED LOCKING GATE STOP NOTES: 1. REFER TO CITY OF DUBLIN'S WASTE HANDLING STANDARDS AND WASTE ENCLOSURE REQUIREMENTS CHECKLIST FOR DESIGN AND SITING REQUIREMENTS. 2. WASTE BINS TO BE SIZED TO ACCOMMODATE PROPERTY WASTE, RECYCLING, AND COMPOST DISCARDS. FACILITIES MUST PROVIDE SEPARATE ORGANIC BINS. FOOD RELATED FACILITIES MUST PROVIDE A GREASE COLLECTION RECEPTACLE. WASTE BINS SHALL BE CONFIGURED TO ALLOW FULL ACCESS TO THE FRONT OF THE BIN. USABLE INTERIOR FLOOR DIMENSIONS SHALL BE A MINIMUM OF 18' WIDE BY 10' DEEP. 3. CURBS, 6" MIN WIDTH AND 8" MIN HEIGHT, ARE REQUIRED AROUND ALL INTERIOR WALLS TO PREVENT STRUCTURE DAMAGE FROM BIN LOADING. 4. DOUBLE FREE HANGING METAL GATES REQUIRED FOR ALL ENCLOSURES. SINGLE SET REQUIRED FOR GATE OPENINGS LESS THAN OR EQUAL TO 24'. MAXIMUM GATE LENGTH IS 12'.GATE HEIGHT SHALL ACCOMMODATE SIZE OF LARGEST BIN. 5. SCREEN/BARRIER REQUIRED TO PREVENT ILLEGAL DUMPING IF OPEN SPACE BETWEEN WALL AND ROOF IS GREATER THAN 2'. 6. IRRIGATED LANDSCAPE STRIP, 5' MIN WIDTH, WITH PLANTED VEGETATION TO SHIELD ENCLOSURE WALLS REQUIRED IF ENCLOSURE IS VISIBLE FROM ROADWAY. 7. ENCLOSURE PAD AND CONCRETE APRON SHALL BE DESIGNED TO WITHSTAND 20,000 POUNDS OF DIRECT FORCE FROM A SINGLE TRUCK AXLE. REFER TO CITY OF DUBLIN'S WASTE HANDLING STANDARDS FOR VEHICLE APPROACH AND TURNING RADIUS REQUIREMENTS. 8. GRADING AROUND THE ENCLOSURE SHALL BE DESIGNED TO DRAIN STORMWATER AWAY FROM THE ENCLOSURE AT A 1% TO 2% SLOPE. UNLESS A CONNECTION TO THE SANITARY SEWER IS PROVIDED, THE INTERIOR ENCLOSURE PAD SHALL BE GRADED SUCH THAT NO RUNOFF OCCURS FROM INSIDE THE PAD. 9. ENCLOSURES SERVICING FOOD SERVICE FACILITIES ARE REQUIRED TO HAVE A HOSE BIB, PER ALAMEDA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT REQUIREMENTS. ENCLOSURE PAD SURFACE OF ENCLOSURES WITH A HOSE BIB SHALL SLOPE AT A 1% TO 2% SLOPE (1% - 1.5% RECOMMENDED) TO AN INTERIOR FLOOR DRAIN CONNECTED TO THE SANITARY SEWER. SANITARY SEWER CONNECTIONS AND INCLUSION OF OIL & GREASE SEPARATORS SHALL BE IN ACCORDANCE WITH DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) STANDARD SPECIFICATIONS. 10. IF A HOSE BIB IS USED PROVIDE CAGE, BUMPER, OR OTHER PROTECTION. 11. DIRECT ROOF DRAINAGE TO STORMWATER CONTROL MEASURE OR LANDSCAPED AREA. 1' (MIN),... \ f / FOOD WASTE, SEE NOTE 2 } FLOOR DRAIN ENCLOSURE PAD -, TRASH, SEE NOTE 2 RECESSED LOCKING GATE STOP -0'-CONCRETE APRON J '<a . • 18"(MIN) . RECYCLE, SEE NOTE 2 / \ HOSE BIB, AS REQUIRED, SEE NOTE 9 AND 10 ° PARKING PROHIBITED IN DOOR SWING AREA 10' (MIN), SEE NOTE 2 10' 10.5' (MIN) 6' (MIN) ENCLOSURE PAD, SEE NOTE 7 ENCLOSURE MATERIAL TO MATCH PRIMARY BUILDING STYLE ti. SLOPE,SEE NOTE 8 . % i RUST PROOF METAL ROOF, SEE NOTE 11 LIGHTING ON MOTION SENSOR, 1.0 FOOT CANDLE (MIN) VENTILATED OPEN SPACE, SEE NOTE 5 PIVOTING GATE, CLOSED POSITION SLOPE, SEE NOTE 8 FLOOR DRAIN, SEE NOTE 8 CONCRETE APRON, SEE NOTE 7 / CONNECTION TO SANITARY SEWER, SEE NOTE 9 PLAN VIEW SECTION A OF D 19� �82 WASTE ENCLOSURE SOURCE CONTROL TYPICAL DETAILS CITY OF DUBLIN PUBLIC WORKS SCALE: NOT TO SCALE DATE: MAY 11, 2018 DRAWN BY: K. K. CHECKED BY: A. R. APPROVED: PUBLIC WORKS DIRECTOR SC-2 4 d EXPANSION JOINT @ 20'-0" 0.C. MAX. SPACING %ONTROL JOINT PER PLANS,10'-0" 0.C. MAX. SPACING CONCRETE WALK, TYP. SEALANT FIBER EXPANSION JOINT 1" DEEP TOOLED JOINT W/ 1/2" RADIUS RAIN WATER LEADER TO DAYLIGHT WHERE OCCURS CONC. WALK EXPANSION & CONTROL JOINTS SCALE: 1 1 /2"=1'-0" CMU-GRAY BLK I I -I I I -I l 1 1 Illlllllllllllli 1 I IlllI 1I- l9 II II -1 1- 11-I I IIId II�I 4 I -1 = I I I'_ I \ 1 111�l-1 1 I I II I I III-IIIIIIIIIIII:lllI=I111,1�I1—„ ,;llll\l cn 2'-6" 7/8" STUCCO PROCESS TO MATCH BUILDING STONETRANSITIONS 9"X20" EASED EDGE PEAKED 2 1/2" CONCRETE CAP. COLOR = CANYON (12B) 2 #4 HORZ.. 8"x8"x16" CMU WALL. INTERIOR FINISH TO BE SMOOTH, CLEANABLE AND LIGHT IN COLOR PER HEALTH DEPARTMENT. #5 VERT. @ 32" 0.C. 1 #4 HORIZ.. 6" CONC. CURB #4 x6" 2'-6" 111-111-111 TOP OF FOOTING 1374.40 EI I I-1 1 1-1 1-111-111 111 #5 CONTINUOUS TOP AND III -III -III_ BOTTOM Ell —III—I11 3" #5 VERT DOWELS @32" o.c. CTRD IN WALL MATERIAL SPAECIFICATIONS: MASONRY UNITS: ASTM C90 (1,900 PSI) MORTAR: ASTM C270 TYPE S (1,800 PSI) GROUT: ASTM C476 (2,000 PSI) CONCRETE: 2500 PSI REINFORCING STEEL: SEE SHEET S1.0 24-0" v- v- / / v- J\ _ \ / \ / _ _\\ /�\ / _ \ / \ / _ \ / \ / \ 4o \ / \ / / * x X 9,7 X X x \ \ / /\�� /\ / /\ \ / \ / \ / \ / \ \ / \ • •• ••• �n • • • • • • 4 • •••• • • •II • II• ••• • • \ —\\ '•. ••• • • • 3-0" STEEL GATE CONC. WALK 1 • // 7" GONG SLAB DRAIN INLET v- 6" v- 1'-0" 23-1" a 0 // 5" TRASH ENCLOSURE PLAN v, 8"x8"x16" CMU WALL LANDSCAPING ,AREA 6" CONC CURB 6" CONC. CURB 11'-0" STEEL GATE 7' THK. CONC. APRON W/ FIBERMESH AND #4 BARS AT 16" 0.C. EA WAY OVER 4" AGGREGATE BASE. SCALE: 1/4"= 1'-0" 23'-11" REAR VIEW STEEL GATE METAL SIDING 8"x8"x16" CMU WALL WITH STUCCO STONE VENEER , SEE A301 AND A302 FOR EXTERIOR FINISHES. METAL SIDING 8"x8"x16" CMU WALL WITH STUCCO STONE VENEER , SEE A301 AND A302 FOR EXTERIOR FINISHES. 10'-8" LEFT SIDE VIEW METAL SIDING 8"x8"x16" CMU WALL WITH STUCCO STONE VENEER , SEE A301 AND A302 FOR EXTERIOR FINISHES. COLOR LEGEND • AEP SPAN METAL SIDING- "TAHOE BLUE" AEP SPAN METAL SIDING- 'PARCHMENT" AEP SPAN METALS- "SILVERSMITH" K12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: COMM MLACIAL CAM, WASTI KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 IPROJECT DATE: 2-16-22 SHEET CONTENTS: TRASH ENCLOSURE DETAILS SHEET NUMBER: TRASH ENCLOSURE WALL SEC. SCALE: 3/4" = 1'-0" TRASH ENCLOSURE ELEVATIONS SCALE: 1 /4"= 1'-0" A102 276 108'-5" 10" �- • 7'-0 1080'-10" 52'-8" 27-5" 256'-0" 6'-8" 6'-3' 10'-8" O 9 (V • 1-6" OFFICE 8'-0" 1, 44-8" „CO ELE 9 0 • CTRICAL 'Z7 MECHANICAL ROOM .9L 1 0 0'-7' 8'-6" REST ROOM 8'-3" 2'-6" 1'-6" 1 VACUUM EQUIP. 60" 22'-9' CAR WASH TUNNEL 14'-10" 33'-0" 8'-7' 7-11" 26'-0 56'-5" .917 16'-7' • 4 • 9 26'-0" 108'-5" CAR WASH FLOOR PLAN 1'-6" • . ■ . 11 K12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: CCO c IMEnCIAMI AMA KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 PROJECT DATE: 2-16-22 SHEET CONTENTS: FLOOR PLAN SHEET NUMBER: A201 SCALE: 1 /8"= 1'-0" 277 III i _... i nlllll 1 m❑� 1111161111'"" • • EAST ELEVATION O® WEST ELEVATION • • O • • +30'-4" A.F.F. TOP OF PARAPET 11-1 +26'-1" A.F.F. / TOP OF PARAPET +24'-6" A.F.F. / TOP OF WINDOWS IV +20'-10" A.F.F. Ij TOP OF PARAPET Y +19'-3" A.F.F. TOP OF PARAPET IV +17-0" A.F.F. TOP OF PARAPET IV / +15'-0" A.F.F. / TOP OF PARAPET IV +13'-10" A.F.F. / /- TOP OF PARAPET 1-1 - +13'-6" A.F.F. TOP OF METAL. PANEL. IV +5-8" A.F.F. TOP AGM PANELS IV +7'-2" A.F.F. TOP OF WINDOWS/DOORS IV 0'-0" Agik FINISH FLOOR IV +30'-4" A.F.F. TOP OF TOWER +26'-1" A.F.F. / TOP OF PARAPET IV +24'-6" A.F.F. /— TOP OF WINDOWS 1-1 +20'-10" A.F.F. TOP OF PARAPET / +15'-0" A.F.F. TOP OF PARAPET 0 / / +13'-10" A.F.F. TOP OF PARAPET _ +13-6" A.F.F. �j TOP OF METAL PANEL. Y +8'-8" A.F.F. TOP AGM PANELS 0'-0" FINISH FLOOR NORTH ELEVATION (SOUTH ELEVATION SIMILAR) SCALE: 1/8" = 1'-0" 1111161111'"" • • EAST ELEVATION O® WEST ELEVATION • • O • • +30'-4" A.F.F. TOP OF PARAPET 11-1 +26'-1" A.F.F. / TOP OF PARAPET +24'-6" A.F.F. / TOP OF WINDOWS IV +20'-10" A.F.F. Ij TOP OF PARAPET Y +19'-3" A.F.F. TOP OF PARAPET IV +17-0" A.F.F. TOP OF PARAPET IV / +15'-0" A.F.F. / TOP OF PARAPET IV +13'-10" A.F.F. / /- TOP OF PARAPET 1-1 - +13'-6" A.F.F. TOP OF METAL. PANEL. IV +5-8" A.F.F. TOP AGM PANELS IV +7'-2" A.F.F. TOP OF WINDOWS/DOORS IV 0'-0" Agik FINISH FLOOR IV +30'-4" A.F.F. TOP OF TOWER +26'-1" A.F.F. / TOP OF PARAPET IV +24'-6" A.F.F. /— TOP OF WINDOWS 1-1 +20'-10" A.F.F. TOP OF PARAPET / +15'-0" A.F.F. TOP OF PARAPET 0 / / +13'-10" A.F.F. TOP OF PARAPET _ +13-6" A.F.F. �j TOP OF METAL PANEL. Y +8'-8" A.F.F. TOP AGM PANELS 0'-0" FINISH FLOOR NORTH ELEVATION (SOUTH ELEVATION SIMILAR) SCALE: 1/8" = 1'-0" KEY NOTES COLOR LEGEND 0 METAL WALL PANEL- PAINTED OMETAL TRIM STOREFRONT WINDOW SYSTEM; DARK BRONZE ,ANODIZED, 2"x4.5" CENTER GLAZING �SYSTEM; WITH 1" CLEAR DUAL GLAZING 0 HOLLOW CORE METAL DOOR 0 STANDING SEAM METAL. ROOFING O ALPOLIC ACM PANEL (1) METAL CANOPY ROOF LINE AND WALL BEYOND O STREET ADDRESS, 12" HIGH LETTERS, 1 1/2" STROKE, BLACK, BACKGROUND COLOR TO MATCH TRIM COLOR, WALL WASH ILLUMINATION FLASHING - PAINT TO MATCH DAL TILE OR CEMENT PLASTER 11 METAL WALL PANEL- PAINTED 0STANDING SEAM METAL ROOFING 13 METAL TRIM- PAINTED 14 LOUVERED VENT A AEP SPAN METAL SIDING- "TAHOE BLUE" B AEP SPAN METAL SIDING- 'PARCHMENT" C ALPOLIC ,ACM PANELS- SILVER D AEP SPAN METALS- "SILVERSMITH" 4MM ALPOLIC ALUMINUM/METAL 1 1/2" 3/4" PLYWOOD SHEATHING 1,s*4 1 COMPOSITE PANELS / 24 GAUGE GALV. SHEET METAL FLASHING /,/ I44 8" WIDE CMU BLOCK WALL /%/ �TRIM CLEAT @ 24" OC. , , I f 1 1-1/2X8 METAL TRIM PANEL 20 GA. METAL HAT CHANNEL I INSTALLED AT 1" 0.C.EXISTING OR NEW 2X6 STUDWALL @ 1O OC.METAL PLYWOOD CI 1111 WEEP SCREEDSTRUCT BITUMEN FLASHING OV/ ; I I FRAMING ROOFING m CONC. SLAB �� ►. �� ►/� � • , SINGLE -PLY I' 1 CONC. FOOTING £ SLAB, SEE �i STRUCT. DWGS. / A " ", "' TRIM FASTENER W/ SEALING WASHER OR RIVET 0 +0'-0" ►� 4 ►� ,� �� a a FINISH FLOOR / / . / ; „ ....l �; „ii I AT12" 0.C. MAXIMUM �i 12" CONTINUOUS 24 GA GALV SHEET METAL FLASHING 6" 0 / �/ BELOW GRADE AND EXTEND 6" ABOVE GRADE SIDEWALK TYP 1 PANEL CMU WALL © MUD SILL NSIDING EXISTING CEMENT PLASTER ,16 FLASHING AT PARAPET ZO SCALE: 1 1/2" = 1'-0" SCALE: 3" =1'-0" 11 K12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: COMMMLACIAL CAM, WASTI KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 IPROJECT DATE: 2-16-22 SHEET CONTENTS: FLOOR PLAN SHEET NUMBER: A301 278 VACUUM STATION NORTH ELEVATION (FROM DRIVEWAY) VACUUM STATION SOUTH ELEVATION (FROM BUILDING SIDE) KEY NOTES 0000000 STEEL COLUMN STEEL BEAM VACUUM PIPES ETC LED LIGHT FIXTURE, LOW PROFILE W/ SENSOR- SEE DETAIL 14/A107 FOR STYLE € DETAIL VACUUM HOSE FIXED METAL TRASH CAN - WILL HAVE 2 COMPARTMENTS 1- FOR LANDFILL, 1-FOR RECYCLE UNDERSIDE OF SOLAR PANELS COLOR LEGEND A 0 DUNN EDWARDS PAINT - DET617 - "WINTER MORN" VACUTECH HOSE COLOR: GRAY SCALE: 1 /4"= 1'-0" K12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: flLENSAIN COBEDEMACIZAMI CAM WZAWM KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 PROJECT DATE: 2-16-22 SHEET CONTENTS: VACUUM CANOPY ELEVATIONS 20 VACUUM STATION EAST ELEVATION WEST ELEVATION SIMILAR SCALE: 1/4"= 1'-0" SHEET NUMBER: A302 279 3' EVC CANOPY WEST ELEVATION 186'-0" SCALE: 1 /4"= 1'-0" 13'-6" 13'-6" 13'-6" 13' 6" 13'-6" 648'-0" 648'-0" SOLAR PANELS, TYP. 111 r SOLAR PANELS, TYP. • - ®O 1Y1 ©0 1Y1 ®® CIO 1Y1 /i 3" !�9 ©0 111 EVC CANOPY EAST ELEVATION KEY NOTES STEEL COLUMN STEEL BEAM VACUUM PIPES ETC LED LIGHT FIXTURE, LOW PROFILE W/ SENSOR- SEE DETAIL 14/A107 FOR STYLE E. DETAIL VACUUM HOSE FIXED METAL TRASH CAN- WILL HAVE TWO COMPARTMENTS 1- FOR LANDFILL, 1- FOR RECYCLE UNDERSIDE OF SOLAR PANELS- PAINT TO MATCH CANOPY PAY STATION EQUIPMENT COLOR LEGEND A 11 DUNN EDWARDS PAINT - DET611 - "WINTER MORN" VACUTECH HOSE COLOR: GRAY SCALE: 1 /4"= 1'-0" 17-6" 12'-7 4-11' bl ij K 12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: zasAbx CoreArwmaczAiL CAn WAsm KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 IPROJECT DATE: 2-16-22 SHEET CONTENTS: VACUUM CANOPY02 ELEVATIONS EVC CANOPY SOUTH ELEVATION NORTH ELEVATION SIMILAR SCALE: 1 /4"= 1'-0" SHEET NUMBER: A303 280 17 18 19 13 14 9 10 PAY CANOPY SOUTH ELEVATION NORTH ELEVATION SIMILAR SCALE: 1/4"= 1'-0" 16'-O" 8'-1" 7'-11" • • CJ A • A 'cm • C • • • O A e rn N • PAY CANOPY PLAN SCALE: 1 /4"= 1'-0" PAY CANOPY SOUTH ELEVATION NORTH ELEVATION SIMILAR SCALE: 1 /4"= 1'-0" KEY NOTES 0 0 0 0 0 0 STEEL COLUMN FACE OF CANOPY STEEL BOLLARD, TYP. PAY TERMINAL SECURITY ARM CAR WASH MENU SIGNAGE COLOR LEGEND K 12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: I Aw CommmacEAL C WA! KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 IPROJECT DATE: 2-16-22 SHEET CONTENTS: PAY CANOPY ELEVATIONS 20 16 12 12 A 11 DUNN EDWARDS PAINT - DET611 - "WINTER MORN" DUNN EDWARDS PANT DE589O: SLUMBER SHEET NUMBER: A304 281 *1.4 *1.7 *2.0 * 1 ] +21 2▪ .0 +2.5 *].9 * .1 +8.3 +6 2.5 '2.9 '3.2 '3.fi '4.3 '4.9 10.3 +4. 10.2 +5. +1.2 6.4 +5. 84 +9. 6.5 5.3 +6. 5.2 +6. 6.6 +8. +7.2 +84 +10 +9.2 +10.2 +11 +100 +11 +7.0 ./EM 6.1 +e.' 3.8 +5. +3.2 +3.0 +2.8 +3.0 +5.0 *11.3 *2252 *28.6 4 *10.2 '20.6 +25.9 • i{11 - .. ...., { 10.5 21.1 26.7 +10.7 '21.5 +27.3 *11 1 '''21 ] +27 11.5 21.2 26.2 DM 12.5 21.5 26.4 *11.6 *21.8 *27.2 121 21.9 27.3 {.j 3 2 i I 12 219 276 +21.6 +27.5 I+11.1 *�6.� +25.3 4 I*10.2 I. S101-18.8 *24.4 /* /.5 + 0.0 +8.8 +14.3 +10.8 3 8.1 13.9 16.7 RS +145 +19, 4.9 '43 '3.6 3.3 +1.1 +1.3 +1.5 +1.8 +2.0 +2.1 +2.3 +2.6 +3.0 +3.5 +4.2 +4.8 *5.4 Il.. *5.4 +4.8 *4 2 +3.6 +3.8 +5.3 +5.2 +2.2 +1.6 +20.2 '28.2 +.B.o +Y» +i4.3 F +28.7 *24.7 15.2I ,5' .. /,pi,,q_ +30.1 *25.6y *15.4 \ +30 ] °i'_. +25 15,¢ +30.5 +25.3 +14.3 _ os7 30.4 *25.1 *14.1 F +20.0 *2..2 .r. y!i[ - 14.1 1 +25.0 F+14.0I ::: 2,.6 .4. ae 29.8 2A11pi1� 13.8 F+13.9I ::: ::: +14.1I r I F +27 8 +23 9 +14. I 1-7 +6.0 +6.5 5.5 +6.6 +6.5 S2 +68 +3.2 +3.3 S2 +3.7 +5.1 +6.3 +6.5 +3.0 +3.2 *3.6 +2.8 *3.4\ +4.3 +5.4 / *1.8 *2.2 *2.5 *2.9 -3.4 +4.2 *3.2 *2.6 *1.9 *1.4 .✓ .✓ + .✓ +*+* W W W W W W W W w w w w w 3 -� +2.9 2.5 +232.2 1.9 1.7 4.1.5 �1.3 �1.2 tA :*° 3* w W * WI 3.0 1.8 +2.6 *2.4 *22 *2.0 *1.8 *1.6 +1.4 +1.2 *1.1 *1.3 *2.8 *5.0 +7.4 +6.7 *4.8 *2.2 *1.2 *2.6 +4.9 +7.6 *6.7 \ SB Splan View Scale - 1/16" = lft Disclaimer Photometric analyses performed by CJS Lighting are intended or informational and/or estimation purposes only. Using industry -recognized software, calculations correspond to the information provided to CJS Lighting, and are subject to the limitations of the software. Assumptions may be made for information that is not provided or available. It is the responsibility of the client to verify that the input data is consistent with actual field conditions. Due to the above considerations, CJS Lighting does not guarantee that actual light levels measured in the field will match initial calculations, and recommend that drawings be submitted to a certified electrical engineer for verification. +3.0 +3.2 3.2 +2.9 +3.3 3.2 +2.8 +3.8 +3.4 +2.9 +6.0 +4.9 +2.9 +5.9 +4.4 +3., +5.8 +5.8 +4.9 +3.8 +2.9 +4.4 +4.4 +4.4 v +2.8 +2.5 *4.0 *6 +3.8 +5.9 +5.0 +3.9 +2.4 ®*1.4 �\ 1.3 +1.8 +3.7 +5.4 ".. +8.5 *10.. +:.1 .2 *4.1 *3A *116 +1\1 +1.3 Schedule Symbol Label Image Quantity Manufacturer Catalog Number Description wide Number Lamps Lumens Per Lamp Light Loss Factor Wattage IF 19 Lithonia Lighting FEM L96 9000LM LPPCL WD 80CRI 40K FEM LED 96", 9,000 lumens, polycarbonate, low profile clear lens, distribution, 80 CRI, 4000 K 1 7817 0.9 53.43 14engl Si 1 Lithonia Lighting DSXO LED P7 40K T4M MVOLT HS DSXO LED P7 40K T4M MVOLT with houseside shield 1 13945 0.9 166 o 0 . S2 3 Lithonia Lighting DSXO LED P7 40K T5M MVOLT DSXO LED P7 40K T5M MVOLT 1 19058 0.9 332 SB 5 Lithonia Lighting DSXB LED 12C 350 40K ASY D-SERIES BOLLARD WITH 12 4000K LEDS OPERATED AT 350mA AND ASYMMETRIC DISTRIBUTION 1 1283 0.9 16 /\ W 2 Lithonia Lighting WDGE1 LED P2 40K 80CRI VW WDGE1 LED WITH P2 - PERFORMANCE PACKAGE, 4000K, 80CRI, VISUAL COMFORT WIDE OPTIC 1 1982 0.9 15.0178 W/EM 6 Lithonia Lighting WDGE1 LED P2 40K 80CRI VW WDGE1 LED WITH P2 - PERFORMANCE PACKAGE, 4000K, 80CRI, VISUAL COMFORT WIDE OPTIC 1 1982 0.9 15.0178 Statistics Description DRIVE / PARKING DRIVE-THRU SIDEWALKS Symbol Avg Max Min Max/Min Avg/Min 3.2 fc 9.2 fc 1.2 fc 7.7:1 2.7:1 + 4.1 fc 13.6 fc 1.4 fc 9.7:1 2.9:1 VACUUM DRIVE / PARKING + 5.1 fc 13.1 fc 0.9 fc 14.6:1 5.7:1 UNDER RIVE-THRU CVANOPY UNDER VACUUM CANOPIES + + 4.8 fc 20.5 fc 20.2 fc 10.2 fc 28.2 fc 1.6 fc 8.9 fc 30.7 fc 6.5 fc 6.4:1 3.2:1 3.0:1 2.3:1 4.7:1 3.1:1 Luminaire Locations Label MH F 9' S1 20' S2 20' SB 3' W 10' W/EM 10' co 131 Designer DEW Date 09/09/2022 revl Scale Not to Scale Drawing No. Summary co South East View Height: Weight (max): d"series Specifications Diameter: 8" Round (20.3 cm) 42" (106.7 cm) 27 Ibs (12.25 kg) Ordering Information D-Series LED Bollard NIGHr11Mi., FRIENDLY 1rgloting facts IIIIIII- Buy American Catalog Number %Notes Type Hit the Tab key or mouse over the page to see all interactive elements. Introduction The D-Series LED Bollard is a stylish, energy - saving, long -life solution designed to perform the way a bollard should —with zero uplight. An optical leap forward, this full cut-off luminaire will meet the most stringent of lighting codes. The D-Series LED Bollard's rugged construction, durable finish and long-lasting LEDs will provide years of maintenance -free service. EXAMPLE: DSXB LED 16C 700 40K SYM MVOLT DDBXD DSXB LED DSXB LED Asymmetric 12C 12 LEDs' Symmetric 16C 16 LEDs2 350 350 mA 450 450 mA 3,4 530 530 mA 700 700 mA Color temp erature 30K 3000 K 40K 4000 K 50K 5000 K AMBPC Amber phosphor converted AMBLW Amber limited wavelength 3,4 Accessories Ordered and eh pped separately MRAB U Anchor bolts forDSXB° Distribution ASY Asymmetric' SYM Symmetric' MVOLT5 1205 2085 2405 2775 3474 Control options Shipped installed PE Photoelectric cell, button type DMG 00-10v dimming wires pulled outside fixture (for use with an external control, ordered separately) ELCW Emergency battery backups Other options Shipped installed SF Single fuse (120, 277, 347V) °-' DF Double fuse (208, 240V) °-' H24 24" overall height H30 30" overall height H36 36" overall height FG Ground -fault festoon outlet UAB Without anchor bolts UAB4 4-bolt retrofit base without anchor bolts' Finish,,,.i,i, DWHXD White DNAXD Natural aluminum DDBXD Dark bronze DBLXD Black DDBTXD Textured dark bronze DBLBXD Textured black DNATXD Textured natural aluminum DWHGXD Textured white NOTES 1 Only available in the 12C, ASY version. 2 Only available in the 16C, SYM version. 3 Only available with 450 AMBLW version. 4 Not available with ELCW. 5 MVOLT driver operates on any line voltage from 120-27N(50/60 Hz). Specify 120, 208, 240 or 277 options only when ordering with fusing (SF, DF options), or photocontrol (PE option). 6 Not available with 347V. Not available with fusing. Not available with 450 AMBLW. 7 Single fuse (SF) requires 120, 277, or 347 voltage option. Double fuse (DF) requires 208 or 240 voltage option. 8 MRAB U not available with UAB4 option. '. L/TNON/A L/GNT/NG One Lithonia Way • Conyers, Georgia 30012 • Phone: 800.279.8041 • www.iithonia.com 0 2012-2022 Acuity Brands Lighting, Inc. All rights reserved. WDGE1 LED Number Architectural Wa l l Sconce Notes ni— rTyPe Buy American TITLE 20 Hi, Ohs Tab .'<ey or moue over the page to see all interactive elements. Introduction D2 The WDGE LED family is designed to meet specifier's every wall -mounted lighting need in a widely accepted shape that blends with any The design Specifications Depth (D1): 5.5" Depth (D2): 1.5" Height: 8" Width: 9" Weight: 9 Ibs architecture. clean rectilinear comes in four sizes with lumen packages ranging from 1,200 to 25,000 lumens, providing true site -wide solution. WDGE1 delivers up to 2,000 lumens with a soft, non-pixelated light source, creating a visually comfortable environment. The compact size of (without options) - W D1 WDGE1, with its integrated emergency battery backup option, makes it an ideal over -the -door wall -mounted lighting solution. WDGE LED Family Overview Lumens (4000K) Luminaire Standard EM, 0''C Cold EM, -20"C Sensor Pfi P2 - P3 P4 P5 PK— - WDGE1 LED 4W -- -- 1,200 2,000 -- -- -- -- WDGE2 LED 10W 18W Standalone / nLight 1,200 2,000 3,000 4,500 6,000 -- WDGE3 LED 15W 18W Standalone / nLight 7,500 8,500 10,000 12,000 -- -- WDGE4 LED -- -- Standalone / nLight 12,000 16,000 18,000 20,000 22,000 25,000 Ordering Information EXAMPLE: WDGE1 LED P2 40K 80CRI VF MVOLT SRM PE DDBXD 'Series Package Coior Temperature CRI Distribution Voltage Mounting WDGE1 LED P1 P2 27K 2700K 30K 3000K 35K 3500K 40K 4000K SOK' 5000K 80CRI 90CRI VF Visual comfort forward throw VW Visual comfort wide MVOLT 3472 Shipped included SRM Surface mounting bracket ICW Indirect Canopy/Ceiling Washer bracket (dry/damp locations only)5 Shipped separately AWS 3/8inch Architectural wall spacer PBBW Surface -mounted back box (top, left, right conduit entry) Use when there is no junction box available. Options Finish E4WH3 Emergency battery backup, Certified in CA Title 20 MAEDBS (4W, 0°C min) PE4 Photocell, Button Type DS Dual switching (comes with 2 drivers and 2 light engines; see page 3 for details) DMG 0-10V dimming wires pulled outside fixture (for use with an external control, ordered separately) BCE Bottom conduit entry for back box (PBBW). Total of 4 entry points. DDBXD Dark bronze DBLXD Black DNAXD Natural aluminum DWHXD White DSSXD Sandstone DDBTXD Textured dark bronze DBLBXD Textured black DNATXD Textured natural aluminum DWHGXD Textured white DSSTXD Textured sandstone Accessories Ordered and shipped separately NOTES 1 50K not available in 90CRI. 4 PE not available with DS. WDGEAWS DDBXD WDGE3/8inchArdtitecturalWall Spacer (specify finish) 2 347V not available with 5 Not qualified for DLC. Not E4WH, DS or PE. available with E4WH. WDGE1PBBW DDBXD U WDGE1surface-mounted back box (specify finish) 3 E4WH not available with PE or DS. ,A L/TNON/A COMMERCIAL OUTDOOR One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • vnvw.lithonia.com WDGE1 LED LIGHTING.®2019-2021 Acuity Brands Lighting, Inc. All rights reserved. Rev. 08/31/21 w r. L/THON/A L/GHT/NG' FEATURES & SPECIFICATIONS INTENDED USE — A general purpose and energy -efficient surface -mounted or suspended LED fixture, suitable for wet, damp and/or cold locations. For vapor -tight demanding environments where moisture or dust is a concern and where relatively low fixture mounting heights and wide fixture spacing are common. Not for use or installation in direct outdoor sunlight. Must be installed under canopy or covered ceiling. For direct sunlight installations, please refer to the FEX product family. Typical applications include industrial facilities, parking garages, retail malls, multi -purpose rooms, garden centers, and food processing. Certain airborne contaminants can diminish the integrity of acrylic and/or polycarbonate. Click here for Acrylic- Polycarbonate Compatibility table for suitable use. Certain airborne contaminants may adversely affect the functioning of LEDs and other elec- tronic components, depending on various factors such as concentrations of the contaminants, ventilation, and temperature at the end -user location. Click here for a list of substances that may not be suitable for interaction with LEDs and other electronic components. CONSTRUCTION — One-piece5VA fiberglass housing with integral perimeter channel utilizing continuous poured -in -place NEMA 4X gasket. Approved as a wireway and for through wiring. Captive polymeric latches are standard. Stainless steel latches (#316) available as an option for food processing or more demanding applications. Power connection is easily accomplished through pre -drilled holes. Fixture easily mounts to ceilings and other solid structures, or can be suspended with chain, cable or rod using stainless steel mounting brackets (included). OPTICS — Injection molded, acrylic lens (.080" thick) provides high impact -resistance comparable to 100% DR. A UV stabilized polycarbonate diffuser is available (.080" thick) in clear or frosted for additional impact strength where vandal protection is desired. Expected service life of 60,000 hours at 80% lumen maintenance (L80); predicted life of more than 100,000 hours. ELECTRICAL — Utilizes high -efficiency LEDs mounted to core circuit boards. High -efficiency drivers operate 120-277 (MVOLT) and 347-480 (HVOLT) offered with 0-10 volt dimming. Standard Luminaire Surge Protection Level: 6kV/3kA Surge Rated per ANSI C82.77-5-2015. INSTALLATION — Fixture can be surface, suspended or wall mounted. Pre -punched stainless steel mount- ing brackets are included (two per luminaire) for easy field -attachment of bolts, screws and other mounting hardware. LISTINGS — (SA Certified to UL and C-UL Standards. Suitable for wet location. I P65,IP66, IP67 rated and certified to meet NSF Splash Zone 2. NEMA 4X rated. Sensors maintain IP65 and IP66 only. See chart on page 5 for Ambient Temperatures. DesignLights Consortium' (DLC) Premium qualified product and DLC qualified product. Not all versions of this product may be DLC Premium qualified or DLC qualified. Please check the DLC Qualified Products List at www.designlights.org/QPLto confirm which versions are qualified. BUY AMERICAN — Product with the BAA option is assembled in the USA and meets the Buy America(n) government procurement requirements under FAR, DFARS and DOT. Please refer to www.acuitybrands.com/buy-american for additional information. WARRANTY — 5-year limited warranty. Complete warranty terms located at: www.acuitybrands.com/supportlwarranty/terms-and-conditions NOTE: Actual performance may differ as a result of end -user environment and application. All values are design or typical values, measured under laboratory conditions at 25 °C. Specifications subject to change without notice. Stock configurations are offered for shorter lead times: Standard Part Number FEM L48 4000LM LPAFL MD MVOLT GZ1O40K 80(RI FEM L484000LM LPAFL MD MVOLT GZ10 50K 80CRI Stock Part Number FEM L48 4L MVOLT FEM 1484E MVOLT SK Catalog Number Notes Type Low -Profile Enclosed and Gasketed Industrial Deep Lens Low profile with sensor n FEM LED SURFACE/ SUSPENDED/WALL MOUNT 411 Buy American ��* Capable Luminaire This item is an A+ capable luminaire, which has been designed and tested to provide consistent color appearance and out -of -the -box control compatibility with simple commissioning. • All configurations of this luminaire meet the Acuity Brands'specification for chromatic consistency • This luminaire is part of an A+ Certified solution for nLight' control networks marked by a shaded background To (earn more about A+, visit www.acuitybrands.com/aplus. *See ordering tree for details INDUSTRIAL FEM LED Page 1 of 6 Specifications 0.95 ftz (09 m') EPA: Length: Width: Heights: Height,: Weight (max): 26" (66.0 cm) 13" (33.o cm) 3" (7.62 cn) 7° (17.8 cm) 16lbs (7.25 kg) D-Series Size 0 LED Area Luminaire DLC ids NIGHTTIME FRIENDLY A n t�I IIiIIWnkt Numbe Number rljotes rpe Hitthetab key or mouse aver the page to see all interactive elements. Introduction The modern styling of the D-Series is striking yet unobtrusive - making a bold, progressive statement even as it blends seamlessly with its environment. The D-Series distills the benefits of the latest in LED technology into a high performance, high efficacy, long -life luminaire. The outstanding photometric performance results in sites with excellent uniformity, greater pole spacing and lower power density. It is ideal for replacing up to 400W metal halide with typical energy savings of 70% and expected service life of over 100,000 hours. Ordering Information EXAMPLE: DSXO LED P6 40K T3M MVOLT SPA NLTAIR2 PIRHN DDBXD DSXO LED DSXO LED LEDs Forward optics P1 P41 P2 P5 P3 P6 Rotated optics P102 P122 P112 P131,2 Eomtror options P71 Color temperature 30K 3000 K 40K 4000 K 50K 5000 K Shipped installed NLTAIR2 nLight AIR generation 2 enabled1ttl PIRHN Network, high/low motion/ambient sensor" PER NEMA twist -lock receptacle only (control ordered separate)13 PERS Five -pin receptacle only (control ordered separate)"•144 PER7 Seven -pin receptade only (leads exit fixture) (control ordered separate)13•14 DMG 0-10V dimming extend out back of housing for external control FAO (control ordered separate)15 Distribution T1S Type I short (Automotive) T2S Type II short T2M Type 11 medium T3S Type III short T3M Type III medium T4M Type IV medium TFTM Forward throw medium TSVS Type V very short3 PIR PIRH PIR1FC3V PIRH1FC3V T5S T5M T5W BLC LCCO RCCO TypeV short3 TypeV medium' TypeV wide 3 Backlight control Left comer cutoff' Right corner cutoff° High/low, motion/ambient sensor, 8-15' mounting height, ambient sensor enabled at5fc167 High/low, motion/ambient sensor, 15-30' mounting height, ambient sensor enabled at5fclfi'" High/low, motion/ambientsensor, 8-15' mounting height ambient sensor enabled at 1fc16," High/low, motion/ambient sensor, 15-30' mounting height, ambient sensor enabled at 1fc1s7 Field adjustable output'' Voltage MVOLT5'6 1204 2084 2404 2776 3476 4806 Mounting, Other options Shipped included SPA Square pole mounting RPA Round pole mounting' WBA Wall bracket' SPUMBA Square pole universal mounting adaptor° RPUMBA Round pole universal mounting adaptor' Shipped separately KMA8 DDBXD U Mast arm mounting bracket adaptor (specifyfinish)9 Shipped installed HS House-sideshield19 SF Single fuse (120, 277, 347V) 6 DF Double fuse (208, 240, 480V) 6 L90 Left rotated optics R90 Right rotated optics2 DDL Diffused drop lens19 HA 50°C ambient operations' Shipped separately BS Birdspikes20 EGS External glare shield DDBXD DBLXD DNAXD DWHXD DDBTXD DBLBXD DNATXD DWHGXD Dark bronze Black Natural aluminum White Textured dark bronze Textured black Textured natural aluminum Textured white ftVr L/TNON/A L/GNT/NG COMMERCIAL OUTDOOR One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www,lithonie.corn 0 2011-2020 Acuity Brands Lighting, Inc. All rights reserved. DSXO-LED Rev. 07/30/20 Page 1 of 8 K12 Architects, Inc 3090 Fite Circle, #104 Sacramento, CA 95827 PH:(916) 455-6500 FAX:(916) 455-8100 CONSULTANTS: CONTRACTOR: PROJECT: EssAr coiv n x C sn KASIER DRIVE DUBLIN, CA 94568 DEVELOPER: Inder Dosanjh 4200 John Monego Ct Dublin, CA 94568 REVISIONS: PROFESSIONAL SEALS: PROJECT NUMBER 21-023 PROJECT DATE: 2-16-22 SHEET CONTENTS: LIGHTING CUT -SHEETS SHEET NUMBER: SP 2 283 Attachment 4 EDWARD L. PACK ASSOCIATES. INC. 1975 HAMILTON AVENUE SUITE 26 SAN JOSE, CA 95125 Mr. Inder Dosanjh Dublin Real Estate, LLC 4200 John Monego Court Dublin, CA 94568 Acoustical Consultants TEL: 408-371-1195 FAX: 408-371-1196 www.packassociates.com September 12, 2022 Project No. 53-044-2 Subject: Second Revised Noise Assessment Study for the Planned Car Wash, Dublin Boulevard, Dublin Dear Mr. Dosanjh: This report presents the results of a second revised noise assessment study for the planned car wash along Dublin Boulevard at Keegan Street in Dublin, as shown on the Site Plan, Ref. (a). The purpose of this revision is to modify the volume of washes per hour based on new information regarding the duration of the wash/dry cycles. The project -generated noise levels at the nearby noise sensitive residential receiver locations were evaluated against the standards of the City of Dublin General Plan Noise Element, Ref. (b). The analysis of the project -generated noise levels reveals that the car wash operations will be within the normally acceptable standard of the Noise Element. Increases in the ambient noise levels will be less than significant. Noise mitigation measures will not be required. Section I of this report contains a summary of our findings. Subsequent sections contain site and project descriptions, analyses and evaluations. Appendices A, B and C, attached, contain the list of references, descriptions of the noise standards, terminology, instrumentation used for the field survey and the noise measurement data and calculation tables. 284 2 I. Summary of Findings A. Noise Standards The noise assessment results presented in the findings are shown in reference to the City of Dublin Noise Element of the General Plan. The Noise Element uses the Community Noise Equivalent Level (CNEL), which is a time -weighted 24-hour average noise descriptor commonly used to describe community noise environments. Noise levels averaged over 24 hours are often termed "noise exposure". The normally acceptable noise exposure limit for residential land uses in 60 decibels (dB) CNEL. As the City of Dublin does not have noise standards for car wash noise impacts to residential areas, a limit of 60 dB CNEL is used in the this study as the limit for project -generated noise at the nearest and most impacted residences across Dublin Boulevard from the site. In addition, a limit of 60 dB CNEL on the project will result in an increase of no more than 2 decibels in the existing ambient or background noise environment. A 2 dB increase is very slight and is within the noise exposure fluctuations between weekday and weekend noise exposures. B. Existing Ambient Noise Exposures Table I, below, provides the existing ambient noise exposures for Saturday, Sunday and weekdays (typically consistent day to day) at the setback of the residential building across Dublin Boulevard from the planned project site. TABLE I Existing Ambient Noise Exposures, dB CNEL Location Saturday Sunday Weekday Dublin Blvd. Residences 92 ft. from Dublin Blvd. CL and 250 ft. from car wash tunnel entrance 65 64 66 285 3 Note that it is very common for the noise exposures on Saturday to be 1 dB lower than weekdays and for Sunday to be 2 dB lower than weekdays. Thus, there is nothing out of the ordinary about the noise environment at the residences along Dublin Boulevard. C. Project -Generated Noise Exposures Table II, below, provides the project -generated noise exposures and the combined (ambient + project) noise exposures at the most impacted residences across Dublin Boulevard from the project site. The project -generated noise exposures assume 29 complete car washes per hour from 8:00 AM to 6:00 PM with all vacuum stations in operation during the entire operational day. Note that with the new dryer blower system, the vacuums will be the primary noise source and the wash and dry operations will add 1 decibel to the noise levels created by the vacuums. TABLE II Project -Generated & Combined Noise Exposures, dB CNEL Location Saturday Sunday Weekday Dublin Blvd. Residences 92 ft. from Dublin Blvd. CL and 250 ft. from car wash tunnel entrance 54 54 54 Combined Noise Exposure (Ambient + Project) at the Residences Increase 65 +0 dB 64 +0dB 66 +0 dB As shown above, the car wash operational noise exposures will be within the normally acceptable 60 dB CNEL limit of the City of Dublin Noise Element standards. The car wash operations will not add to the existing noise environment at the apartments across Dublin Boulevard. Therefore, noise mitigation measures will not be required. 286 4 II. Site and Project Descriptions The planned project site is a vacant field at the southwest quadrant of the intersection of Dublin Boulevard and Keegan Street in Dublin. The site is at -grade with the surrounding land uses and roadways. Surrounding land uses include a Kaiser Permanente Hospital across Keegan Street to the east, vacant land adjacent to the south, vacant land adjacent to the west and multi -family residential across Dublin Boulevard to the north. The planned project includes the construction of a 100 ft. long automated (conveyor) car wash tunnel, a 15-bay vacuum area and parking. The car wash will be open from 8:00 AM to 6:00 PM daily, Ref. (c). The car wash tunnel will be a 100 ft. long Type VB structure with the entrance on the north end facing the residences and the exit on the south end. The car wash equipment will be provided by Mark VII. The new equipment will contain an International Drying Corporation Stealth Predator 80 hp dryer system. The entire wash and dry system is contained within the tunnel. The vehicles will be driven to the tunnel entrance where the conveyer mechanism will connect to the vehicle for transport through the car wash. Precise wash and dry duration information was obtained from the Surf Thru Car Wash at 3598 Stanley Boulevard in Pleasanton. The Surf Thru Car Wash uses the same system as the subject project. The car washing and drying operation consisted of 1 minute, 52 seconds of washing, 8 second of off time between the wash and dry cycles (as the car is moved forward), then 49 seconds of drying. However, after the 8 second off time, a second car can be brought in to commence washing during the previous vehicle's drying. Thus, for a worst -case scenario, 29 complete washes can be performed in a one hour period. 287 5 The total operation in one hour would be 1:52 minutes (112 seconds) of washing, 8 seconds silence, 49 seconds of drying, then 63 seconds of washing (after the washing and drying overlap), 8 seconds silence, 49 seconds of drying, etc., until the end of the hour. The 30th vehicle could start a wash, however, the hour would end before the last drying cycle. During the washing and drying overlap time of 63 seconds, the drying cycle supersedes (drowns out) the washing noise level. The Site Plan is shown on Figure 2 on page 6. 288 - 6 I 1 1111 i1 1H1 g li. .. •P 0 DO CP& I 1 t 11 il EPOC113.1230 t I : MHI t! ID i - ' IIIII //1P1111 ii ril r I I, 0 0 13.:31.0 !DO i 1 ,I11111 ID e.ocenaniore 11 i 11 "'II 1 1 i 'i III IIINI i 1141 1[0111 ..I ohlik I ili ! • ! g •:.: a 2 i iil 10 til Ji,I. :CII (a=.) ' 1! • i a r ii x / 111 1 141 ii 4 11 1 it . 4 i r I hi I ' • id • .. . i; ! _.. - ,• • 3 ..i c. ry.•,. 9.s. —•:' = = =J=.5' • 'II , I ,1... .4?. 1 , „.••77. _ ... , . - it • , , ..-; il•t-I. ..-•••1-... lL•• I : - n n I. • •I, 1. , . I. . ... .1-r-- TE .[ .•,_ _.. ., • ' . ..w.. - . e FIGURE 2 — Site Plan 289 7 III. Analysis of the Noise Levels A. Existing Ambient Noise Environment To determine the existing ambient noise environments at the residences across Dublin Boulevard from the planned project site, continuous recordings of the existing sound levels were made at a location 61 ft. from the centerline of Dublin Boulevard (1 ft. behind the curb) in front of the residential building directly across Dublin Boulevard from the site, as shown in Figure 3 on page 8. The sound level meter was placed in a tree for security purposes and was 13 ft. above the ground. The measurements were made on September 17-20, 2021 (Friday -Monday) using a Larson -Davis LDL 812 Precision Integrating Sound Level Meter. The meters yield, by direct readout, a series of the sound levels versus time, which include the L1, L10, L50 and L90, i.e., those levels of noise exceeded 1%, 10%, 50% and 90% of the time. Also measured were the minimum and maximum levels, and the continuous equivalent -energy levels (Leq), which are used to calculate the CNEL. The measured Leq's are shown in the data tables in Appendix C. Weekday background sound levels are usually consistent day-to-day, with Saturday usually being 1 decibel lower (24 hour average) and Sunday being 2 decibels lower. Exceptions to this are in heavy retail areas where traffic increases on weekends. As shown in the data tables, the existing Leq's on Saturday at the measurement location, 61 ft. from the centerline of Dublin Boulevard, ranged from 62.0 to 68.3 dBA during the daytime, 62.8 to 66.0 dBA during the evening and 51.9 to 60.9 dBA at night. On Sunday, the Leq's ranged from 59.5 to 69.6 dBA during the daytime, 61.8 to 64.7 dBA during the evening and 53.1 to 58.2 at night. On weekdays (combined Friday and Monday data), the Leq's ranged from 66.2 to 68.5 dBA during the daytime, 65.7 to 69.4 dBA during the evening and 49.8 to 63.4 at night. At the setback of the residential building of 92 ft. from the centerline, the noise levels reduce by 3 dB. The hourly average noise levels (Leq) at the residential building setback for each day are provided in the graph on page 8. 290 -8 I'i I11111111111111C11111.111 FIGURE 3 — Noise Level Measurement Location Sound levels, dBA re: 10 -12 W 90.0 85.0 80.0 75.0 70.0 65.0 60.0 55.0 50.0 45.0 40.0 DUBLIN REAL ESTATE Dublin Boulevard Existing Ambient and Project Generated Noise Levels - 92 ft. from Centerline 3 -9 > Time Saturday Sunday — —Weekday tPROJECT-GENERATED NOISE 291 -9 The CNEL for the survey location was calculated by decibel averaging of the Leg'S as they apply to the daily time periods of the CNEL index. The CNEL is a 24-hour noise descriptor that uses the measured Leg values to calculate a 24-hour time -weighted average noise exposure that adds a 5 dB "penalty" to noise generated during the evening hours and a 10 dB "penalty" to noise generated during nighttime hours. The CNEL is described in greater detail, including the mathematical formula, in Appendix B. The CNEL calculation tables are provided in Appendix C. Adjustments were made to the measured noise levels to account for the difference in distance between the measurement location and the residential building setback using methods established by the Highway Research Board, Ref (d). The results of the calculations reveal that the noise exposures at the measurement Location, 61 ft. from the centerline of Dublin Boulevard are 69 dB CNEL on weekdays, 68 dB CNEL on Saturdays and 67 dB CNEL on Sundays. At the setback of the residential building closest to the planned project site, 92 ft. from the centerline of Dublin Boulevard and 250 ft. from the entrance to the car wash tunnel, the existing ambient noise exposures are 66 dB CNEL on weekdays, 65 dB CNEL on Saturdays and 64 dB CNEL on Sundays. B. Project -Generated Noise Levels The project -generated noise levels were determined from dryer blower noise data provided by the equipment manufacturer, Ref. (e), and noise level measurements of car washing operations, Ref. (f), and vacuum stations (specifically for this project). The Mark VII Company provided noise level measurement data of the dryer blowers. The 80 hp blower system is sound rated at 69.4 dBA at 30 ft. from the car wash tunnel exit. The noise level data sheet is provided in Appendix C. 292 - 10 - The distance from the car wash tunnel entrance to the residential building across Dublin Boulevard is 250 ft. Car wash equipment noise levels attenuate at the rate of 6 dB for every doubling of the distance from the measurement location outside of the tunnel to the noise receiver. The formula used to calculate the amount of noise reduction is: AdB = 201og10(ri/r2) where, rX = distance. 201ogio(30/250) = -18 dB. The sound level at the residences across Dublin Boulevard due to the dryer blowers will be 51 dBA (69 dB — 18 dB = 51 dB). The dryer blowers are reported to operate for 49 seconds per wash. The maximum number of washes per hour is 29. Thus, 23 7 minutes of drying will occur per hour. The hourly average noise of drying operation at the residential building was calculated to be 46 dBA Leq(h). Leq(h) = 101ogio[((10(51/1°) x 23.7)/60] = 47 dBA. The car wash washing equipment noise levels are slightly lower in level than the dryer blowers. A typical washing operation (sprayers, brushes, applicators) generates a total sound level of 67 dBA at 15 ft. from the tunnel entrance. At 250 ft. from the car wash tunnel entrance to the residences across Dublin Boulevard, the washing portion of the operation will be 43 dBA. The washing cycle is estimated to be 1:52 minutes in duration. Thus, 29 operations could occur per hour resulting in fairly continuous operation. Thus, the hourly average for the wash operation would also be 43 dBA Leg. 293 -11- To determine the sound levels of the vacuum stations, sound level measurements of car wash vacuuming equipment were made at the Rainbow Car Wash in Santa Clara, CA on October 8, 2021 using a Larson -Davis 831 Precision Integrating Sound Level Meter. At a distance of 20 ft. from the vacuum tank and with the vacuum nozzle exposed, the sound level was measured to be 72 dBA. The actual sound levels of vehicle vacuuming operations will vary depending upon the type of vehicle, the location of the nozzle inside the vehicle and how long the vacuuming occurs. For the purpose of this study, we are using the worst -case of the vacuum nozzle exposed during the entire vacuuming operation. Table III, below, provides the sound levels at the residential building for each vacuum bay. The total sound level assumes that the vacuuming operation would occur for 30 minutes per hour at each bay. The hourly Leg is 3 dB lower than the total operational noise level of 60 dBA which equates to 57 dBA Leq(h) at the residential building. TABLE III Vacuum Operational Noise Levels, dBA Unit Dist. to Rec., ft. SL @ Rec. 1 255 50 2 268 49 3 282 49 4 295 49 5 309 48 6 322 48 7 335 48 8 349 47 9 362 47 10 268 49 11 282 49 12 296 49 13 309 48 14 323 48 15 337 47 TOTAL 60 294 - 12 - The combined hourly average noise level of the three primary operations; wash, dry and vacuum are provided in Table IV. TAB Combined Hourly Average Noise Levels, dBA Leq(h) Operation Wash 43 Dry 47 Vacuum 57 Combined 58 IV. Evaluation of the Project -Generated Noise Exposures To determine the project -generated noise exposures for an evaluation against the 60 dB CNEL standard of the City of Dublin Noise Element, the project -generated hourly average noise levels were applied to the CNEL formula. For the purposes of this study, we are assuming that the car wash will operate continuously from 8:00 AM to 6:00 PM with twelve washes (including drying) per hour and that all vacuum stations will be in use for 30 minutes out of each hour. The wash cycle noise level at the residential building setback was calculated to be 43 dBA Leq(h). The drying cycle was calculated to be 47 dBA Leq(h). The vacuuming operations were calculated to be 57 dBA Leq(h). The total hourly average noise level was calculated to be 58 dBA Leq(h). Combined Sound Level = 101ogio(10(43110) + 10(47/10)+10(57/10)) 58 dB 295 - 13 - For an operational day of 8:00 AM to 6:00 PM, the CNEL was calculated to be 54 dB. Thus, the project -generated noise exposure will be within the 60 dB CNEL normally acceptable standard of the City of Dublin Noise Element standards. As the ambient noise environment on the least noisy day of the week (Sunday) is more than 10 decibels higher than the project -generated noise exposure, the project will not add to the existing ambient noise environment. The increase in the noise environment due to the project will be less than significant. The CNEL calculation table for planned operational conditions is provided in Appendix C. As the project -generated noise exposure will be within the limits of the standards, noise reduction measures will not be required. This report presents a revised noise assessment study for the planned car wash along Dublin Boulevard at Keegan Street in Dublin. The study findings for project conditions are based on field measurements and other data and are correct to the best of our knowledge. However, significant deviations in the future operational scenario, changes in car wash equipment technology, noise regulations, or other future changes beyond our control may produce long-range noise results different from our estimates. If you have any questions or would like an elaboration on this report, please call me. Sincerely, EDWARD L. PACK ASSOC., INC. 7,_,x/L7 Jeffrey K. Pack President Attachments: Appendices A, B, and C 296 APPENDIX A References: (a) Site Plan, Dublin Car Wash, by K12 Architects, June 8, 2021 (b) City of Dublin General Plan, Chapter 9.0, Environmental Resources Management Section: Noise Element, Amended October 6, 2015 (c) Information on the Car Wash Operations Provided by Mr. Guy Houston, by email to Edward L. Pack Associates, Inc., July 26, 2021 (d) Highway Research Board, "Highway Noise — A Design Guide for Highway Engineers", Report, 117, 1971 (e) International Drying Corporation Stealth Predator Ultra -Quiet Drying System Specifications Provided by Mr. Guy Houston, by email to Edward L. Pack Associates, Inc., May 18, 2022 (f) "Noise Assessment Study for the Planned Car Wash, 1380 Springbrook Avenue, Medford", by Edward L. Pack Associates, Inc., Project No. 52-034, August 25, 2020 297 APPENDIX B Noise Standards, Terminology and Instrumentation 1. Noise Standards A. City of Dublin Noise Element Standards The City of General Plan, Amended October 6, 2015, Chapter 9, Environmental Resources Management: Noise Element, contains a Land Use Compatibility table for Community Noise Environments. The table lists the following noise level limits for single-family and multi -family residential, schools, churches, nursing homes and neighborhood parks: 60 dB CNEL: "Normally Acceptable" 61-70 dB CNEL: "Conditional Acceptable" (noise insulation features required) 71-75 dB CNEL (residential): "Normally Unacceptable" 71-80 dB CNEL (all others) "Normally Unacceptable" Over 75 dB CNEL (residential): "Clearly Unacceptable" Over 80 dB CNEL (all others): "Clearly Unacceptable" B-1 298 The Noise Element also contains the following policies: 1. Encourage homeowners west of San Ramon Road who are affected by 1-580 noise to construct noise barriers on their properties where these would be effective and require such barriers for new development. This policy also applies to sites adjoining the west side of San Ramon Road at higher elevations. Where the noise source is below the receptors, only barriers near the receptor will be effective. About 5 dB noise reduction could be achieved. 2. Support unified action by residential owners on the east side of San Ramon Road and along Village Parkway to install, repair, or extend noise barriers. Much of this frontage was developed before effective noise barriers were required as a condition of subdivision approval. Because construction for a single lot is costly, relatively ineffective, and potentially unattractive, the City should assist in the formation of assessment districts or otherwise promote group action where there is consensus that a problem exists. 3. Design Dougherty Road improvements and adjoining residential development for compliance with noise standards. This corridor offers the opportunity to do it right the first time without continuous walls. Berms, open space, garages near the road, and noise -conscious site planning can be used. 4. Noise impacts related to all new development shall be analyzed by a certified acoustic consultant. 5. Request demonstration of ability to mitigate noise prior to approval of light rail or bus service in the Southern Pacific Right -of -Way Transportation Corridor. A depressed rail line or noise walls close to the tracks could make light rail a good neighbor. 6. Review all multi -family development proposals within the projected 60 CNEL contour for compliance with noise standards (45 CNEL in any habitable room) as required by State law. Because the General Plan designates almost all residential sites subject to 60 or greater CNEL for multifamily development, this standard will be effective in Dublin. Project designers may use one or more of four available categories of mitigation measures: site planning, architectural layout (bedrooms away from noise source, for example), noise barriers, or construction modifications. 7. Review all non-residential development proposals within the projected CNEL 65 dBA contour for compliance with exterior noise transmission standards as required by the California Green Building Standards Code. B-2 299 2. Terminology A. Statistical Noise Levels Due to the fluctuating character of urban traffic noise, statistical procedures are needed to provide an adequate description of the environment. A series of statistical descriptors have been developed which represent the noise levels exceeded a given percentage of the time. These descriptors are obtained by direct readout of the Sound Level Meters. Some of the statistical levels used to describe community noise are defined as follows: Li - A noise level exceeded for 1% of the time. L10 - A noise level exceeded for 10% of the time, considered to be an "intrusive" level. L50 - The noise level exceeded 50% of the time representing the "mean" sound level. L90 - The noise level exceeded 90 % of the time, designated as a "background" noise level. Leg The continuous equivalent -energy level is that level of a steady-state noise having the same sound energy as a given time -varying noise. The Leg represents the decibel level of the time -averaged value of sound energy or sound pressure squared and is used to calculate the DNL and CNEL. B-3 300 B. A -Weighted Sound Level The decibel measure of the sound level utilizing the "A" weighted network of a sound level meter is referred to as "dBA". The "A" weighting is the accepted standard weighting system used when noise is measured and recorded for the purpose of determining total noise levels and conducting statistical analyses of the environment so that the output correlates well with the response of the human ear. 3. Instrumentation The on -site field measurement data were acquired by the use of one or more of the sound analyzer listed below. The instrumentation provides a direct readout of the L exceedance statistical levels including the equivalent -energy level (Leg). Input to the meters was provided by microphones extended to a height of 5 ft. above the ground. The "A" weighting network and the "Fast" response setting of the meters were used in conformance with the applicable standards. The Larson -Davis meters were factory modified to conform to the Type 1 performance standards of ANSI S 1.4. All instrumentation was acoustically calibrated before and after field tests to assure accuracy. Bruel & Kjaer 2231 Precision Integrating Sound Level Meter Larson Davis LDL 812 Precision Integrating Sound Level Meter Larson Davis 2900 Real Time Analyzer Larson Davis 831 Precision Integrating Sound Level Meter B-4 301 APPENDIX C Noise Measurement Data and Calculation Tables 302 CNEL CALCULATIONS CLIENT: DUBLIN REAL ESTATE FILE: 53-044 PROJECT: DUBLIN CAR WASH DATE: 9/17-20-2021 SOURCE: EXISING AMBIENT LOCATION 1 Dublin Blvd. Residential Unit 120 Dist. To Source 61 ft. @ curb Saturday TIME Leq 10^Leq/10 7:00 AM 62.0 1584893.2 8:00 AM 64.9 3069022.0 9:00 AM 65.3 3388441.6 10:00 AM 67.0 5011872.3 11:00 AM 67.5 5623413.3 12:00 PM 66.4 4365158.3 1:00 PM 69.6 9120108.4 2:00 PM 66.9 4897788.2 3:00 PM 67.1 5176068.3 4:00 PM 67.8 6025595.9 5:00 PM 66.4 4365158.3 6:00 PM 68.3 6760829.8 SUM= 59388349.5 7:00 PM 66.0 3981071.7 Ld= 77.7 8:00 PM 65.0 3162277.7 9:00 PM 62.8 1905460.7 SUM= 9048810.1 10:00 PM 60.9 1230268.8 Le= 69.6 11:00 PM 58.0 630957.3 12:00 AM 57.6 575439.9 1:00 AM 55.8 380189.4 2:00 AM 53.4 218776.2 3:00 AM 51.9 154881.7 4:00 AM 54.6 288403.2 5:00 AM 59.4 870963.6 6:00 AM 59.3 851138.0 SUM= 5201018.1 Ln= 67.2 Daytime Level= 77.7 Evening Level= 74.6 Nighttime Level= 77.2 CNEL= 68 24-Hour Leq= 64.9 - C-1 - LOCATION 1 Dublin Blvd. Residential Unit 120 Dist. To Source 61 ft. @ curb Sunday TIME 10^Leq/10 7:00 AM 59.5 891250.9 8:00 AM 69.7 9332543.0 9:00 AM 65.7 3715352.3 10:00 AM 69.1 8128305.2 11:00 AM 67.9 6165950.0 12:00 PM 66.4 4365158.3 1:00 PM 69.6 9120108.4 2:00 PM 66.9 4897788.2 3:00 PM 67.0 5011872.3 4:00 PM 67.0 5011872.3 5:00 PM 66.4 4365158.3 6:00 PM 67.0 5011872.3 SUM= 66017231.7 7:00 PM 64.7 2951209.2 Ld= 78.2 8:00 PM 64.0 2511886.4 9:00 PM 61.8 1513561.2 SUM= 6976656.9 10:00 PM 58.2 660693.4 Le= 68.4 11:00 PM 56.9 489778.8 12:00 AM 56.8 478630.1 1:00 AM 55.3 338844.2 2:00 AM 53.4 218776.2 3:00 AM 54.1 257039.6 4:00 AM 53.1 204173.8 5:00 AM 56.3 426579.5 6:00 AM 57.3 537031.8 SUM= 3611547.4 Ln= 65.6 Daytime Level= 78.2 Evening Level= 73.4 Nighttime Level= 75.6 CNEL= 67 24-Hour Leq= 65.0 303 CNEL CALCULATIONS CLIENT: FILE: PROJECT: DATE: SOURCE: DUBLIN REAL ESTATE 53-044 DUBLIN CAR WASH 9/17-20-2021 EXISING AMBIENT LOCATION 1 Dist. To Source TIME Dublin Blvd. Residential Unit 120 61 ft. @ curb Weekday Leq 10^Leq/10 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM 12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 67.4 5495408.7 68.3 6760829.8 66.3 4265795.2 66.6 4570881.9 66.2 4168693.8 66.7 4677351.4 68.5 7079457.8 67.4 5495408.7 67.2 5248074.6 67.5 5623413.3 67.3 5370318.0 66.5 4466835.9 69.4 8629785.5 65.7 3715352.3 65.8 3801894.0 60.4 1086425.6 58.2 660693.4 52.9 194984.5 50.9 123026.9 49.8 95499.3 54.5 281838.3 58.6 724436.0 60.9 1230268.8 63.4 2187761.6 SUM= Ln= Daytime Level= 78.0 Evening Level= 77.1 Nighttime Level= 78.2 CNEL= 69 24-Hour Leq= 65.5 SUM= 63222469.1 Ld= 78.0 SUM= 16147031.7 Le= 72.1 6584934.3 68.2 - C-2 - 304