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HomeMy WebLinkAbout*September 15, 2020 Regular City Council Meeting PacketCOUNCILMEMBERS David Haubert, Mayor Arun Goel, Vice Mayor Melissa Hernandez Jean Josey Shawn Kumagai DUBLIN CALIFORNIA Regular Meeting of the DUBLIN CITY COUNCIL Dublin Civic Center 100 Civic Plaza Dublin, CA 94568 www.dublin.ca.gov Tuesday, September 15, 2020 Location: Electronic Methods REGULAR MEETING 7:00 PM Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will adopt the following practices during upcoming City Council meetings: • The Dublin City Council will hold the meetings remotely via Zoom Video Communications. • Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be available on the City's website: http://dublinca.iqm2.com/Citizens/default.aspx • Online speaker slips will be available at www.dublin.ca.gov, and the public will be able to call in using a computer/or smart phone via a link which will be provided following submission of a speaker slip. A telephonic option will also be available. • Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom. • When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1. Employee Introduction: Pratyush Bhatia New City of Dublin Staff member, Pratyush Bhatia, Transportation & Operations Manager with Public Works, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff member. September 15, 2020 Dublin City Council Agenda Page 1 of 5 3.2. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk's Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non -controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. City Proclamations for the Months of September and October The City Council will consider the following proclamations for the months of September and October: Walk and Roll to School, National Fire Prevention Week, National Bullying Prevention Month, National Energy Awareness Month, National Breast Cancer Awareness Month, National Domestic Violence Awareness Month, National Youth Justice Awareness Month, National Disability Employment Awareness Month, National Cybersecurity Awareness Month, National Arts and Humanities Month, Global Diversity Awareness Month, and Manufacturing Day, National Small Business Week STAFF RECOMMENDATION: Approve the Proclamations. 4.2. 2020 Development Agreement Annual Review The City Council will receive a report on the annual review of active Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code. STAFF RECOMMENDATION: Adopt the Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended Have Complied in Good Faith with the Terms and Provisions of the Agreements. 4.3. Acceptance of Office of Traffic Safety Grants for the Selective Traffic Enforcement Program and Traffic Record Improvement Project 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 (STEP) and the Traffic Record Improvement Project (TRIP). The STEP grant program supports best practices and strategies to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The TRIP grant program supports state and local agencies with the ability to plan and initiate traffic records improvement with the use of electronic citation equipment and software. STAFF RECOMMENDATION: Adopt the Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant and Traffic Records Improvement Project Agreement. 4.4. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from August 1, 2020 - August 31, 2020 totaling $11,018,465.80. STAFF RECOMMENDATION: Receive the report. September 15, 2020 Dublin City Council Agenda Page 2 of 5 4.5. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code At the June 2, 2020 meeting, the City Council directed Staff to review the City's Conflict of Interest Code and make a determination by October 1, 2020, if there is a need to amend the Conflict of Interest Code. Staff conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. The City Council will consider introducing the Ordinance to update the Conflict of Interest Code. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an 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 2020 Local Agency Biennial Notice with the Fair Political Practice Commission ("FPPC"). 4.6. Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity with The Hungry Flower, LLC Doing Business as Mimi's Chocolates, Tralee Village, LLC, and Dublin San Ramon Services District The City Council will consider approving the re -allocation of sewer capacity rights for The Hungry Flower, LLC doing business as Mimi's Chocolates (applicant), Tralee Village, LLC, and Dublin San Ramon Services District to help offset the cost of sewer fees. The applicant is opening a new confectionary shop and cafe at Tralee Village, located at 6601 Dublin Blvd, Suite N. STAFF RECOMMENDATION: Approve the Resolution Approving an Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights with The Hungry Flower, LLC Doing Business as Mimi's Chocolates (applicant), Tralee Village, LLC, and Dublin San Ramon Services District to Help Offset the Cost of Sewer Fees. 4.7. Approval of First Amendment to the Dublin Corporate Center Covenants, Conditions, and Restrictions The City Council will consider approving the First Amendment to the Dublin Corporate Center Declaration of Covenants, Conditions, and Restrictions (Park and Ride - Lot 8 of Koll Dublin Corporate Center). The proposed changes establish a parking space license program for private commuter shuttle companies and employers whose employees now utilize the Park and Ride facility, as well as make minor modifications to the allocation of costs associated with access routes to the facility and the noticing addresses listed. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Dublin Corporate Center Declaration of Covenants, Conditions, and Restrictions (Park and Ride - Lot 8 of Koll Dublin Corporate Center). 4.8. Proposition 68 Statewide Park Program Round Four Grant Funding The City Council will consider an application for the State of California Proposition 68 Statewide Park Program Round Four Grant Funding for the Iron Horse Nature Park and Open Space capital improvement project. STAFF RECOMMENDATION: Adopt the Resolution Approving the Filing of Application for Proposition 68 Statewide Park Development and Community Revitalization Program Round Four Grant Funds. 4.9. Second Reading of Ordinance Authorizing Administrative Citations for the Municipal Code and Other Enforceable City Regulations and Standards and To Declare Violations of Public Health Orders to Be Unlawful The City Council will consider adopting an Ordinance amending the Dublin Municipal Code (DMC) to provide designated enforcement officers with the authority to impose administrative citations for violations of the Municipal Code and certain other enforceable city regulations and standards and to declare Public Health Orders to be unlawful. The first reading of this ordinance was held on the September 1, 2020 Regular City Council Meeting. September 15, 2020 Dublin City Council Agenda Page 3 of 5 At that same meeting, the City Council introduced and adopted an identical Urgency Ordinance for the immediate preservation of the public peace, health, and safety for the period until this Ordinance becomes effective. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Authorizing Administrative Citations for Violations of the Municipal Code and Other Enforceable City Regulations and Standards and to Declare Violations of Public Health Orders to be Unlawful. 4.10. Tract 8484 Tassajara Hills Phase 4 - Final Map Notice The City Council will receive a notification of the City Engineer's pending approval of the Final Map for Tract 8484, Tassajara Hills Phase 4. STAFF RECOMMENDATION: Receive the notification. 4.11. Purchase of Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Imaging, Inc The City Council will consider approving the purchase and installation of Laserfiche Forms Portal, DocuSign Integration, and additional licenses to enhance the workflow of internal and external documents used in City business. STAFF RECOMMENDATION: Adopt the Resolution Approving the Purchase of the Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Imaging, Inc.; and approve the budget change. 4.12. Mayor's Recommendation for Appointment to Planning Commission Unscheduled Vacancy The City Council will consider the Mayor's recommendation for appointment to fill an unscheduled vacancy on the Planning Commission. STAFF RECOMMENDATION: Confirm the Mayor's recommendation to appoint Catheryn Grier to the Planning Commission for the remainder of a term ending December 2022; or provide other appropriate direction. 4.13. Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third - Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic The City Council will consider adopting an urgency ordinance establishing a temporary 15% cap on commission fees charged by third -party food delivery companies on local restaurants during the COVID-19 pandemic. STAFF RECOMMENDATION: Adopt the Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third -Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic. 4.14. Approval of the August 18, 2020 and the September 1, 2020 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the August 18, 2020 and the September 1, 2020, Regular City Council meetings. STAFF RECOMMENDATION: Approve the minutes of the August 18, 2020 and the September 1, 2020, Regular City Council meetings. 5. WRITTEN COMMUNICATION - NONE 6. PUBLIC HEARING 6.1. Climate Action Plan 2030 and Beyond The City Council will conduct a public hearing on the Initial Study/Negative Declaration for, and consider adoption of, the Climate Action Plan 2030 and Beyond. The Climate Action September 15, 2020 Dublin City Council Agenda Page 4 of 5 Plan establishes 22 measures to achieve greenhouse gas emissions reductions equal to 40% below 1990 levels by 2030 and puts the City on the path to achieve carbon neutrality by 2045. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and adopt the Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond and adopt the Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS 8.1. Introduction to Fallon -East Property Planning and Development Framework The City Council will receive a report on a proposed Fallon -East Property Planning and Development Framework. The City Council has identified in their Two -Year Strategic Plan the objectives of establishing an economic development zone to prioritize commercial and industrial development east of Fallon Road, and working with area property owners in conjunction with the Dublin Boulevard Extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. This report represents the initial step for this effort. STAFF RECOMMENDATION: Receive the report and provide initial feedback on the Fallon -East Property Development Framework. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 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. September 15, 2020 Dublin City Council Agenda Page 5 of 5 3.1 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Employee Introduction: Pratyush Bhatia Prepared by: Andrew Russell, Public Works Director EXECUTIVE SUMMARY: New City of Dublin Staff member, Pratyush Bhatia, Transportation & Operations Manager with Public Works, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff member. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff member, Pratyush Bhatia, Transportation & Operations Manager with Public Works, will be introduced to the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. Linda -ith, City anager 9/4/2020 Page 1 of 1 Packet Pg. 6 4.1 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: City Proclamations for the Months of September and October Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will consider the following proclamations for the months of September and October: Walk and Roll to School, National Fire Prevention Week, National Bullying Prevention Month, National Energy Awareness Month, National Breast Cancer Awareness Month, National Domestic Violence Awareness Month, National Youth Justice Awareness Month, National Disability Employment Awareness Month, National Cybersecurity Awareness Month, National Arts and Humanities Month, Global Diversity Awareness Month, and Manufacturing Day, National Small Business Week STAFF RECOMMENDATION: Approve the Proclamations. FINANCIAL IMPACT: None. DESCRIPTION: 1. Walk and Roll to School Week While Walk and Roll to School Week will be different this year due to COVID- 19,Safe Routes to Schools will continue to celebrate Walk and Roll to School to teach children safe walking behaviors, such as how to cross streets, and how to select safe routes to school; to demonstrate how easy and enjoyable it is for adults and children to spend healthy, active time together doing the world's simplest exercise --walking. 2. Fire Prevention Week Fire Prevention Week is October 4-10, 2020. The 2020 Fire Prevention Week Theme, "Serve up Fire Safety in the Kitchen" works to educate everyone about the simple, but important actions they can take to keep themselves, and those around them, safe in the kitchen. Page 1 of 3 Packet Pg. 7 4.1 3. National Bullying Prevention Month Every October, schools and organizations across the country join STOMP Out Bulling in observing National Bullying Prevention Month. The goal: encourage schools, communities and organizations to work together to stop bullying and cyberbullying and put an end to hatred and racism by increasing awareness of the prevalence and impacts of all forms of bullying on all children of all ages. 4. National Energy Action Month National Energy Action Month is a national effort to highlight the importance of energy to our national prosperity and security. Energy, especially electric power, is the lifeline infrastructure for the modern U.S. economy. 5. National Breast Cancer Awareness Month October is Breast Cancer Awareness Month, an annual campaign to increase awareness of the disease. The mission of the Breast Cancer Foundation is to help those affected by breast cancer through early detection, education and support services. Breast Cancer Awareness Month helps support that education and awareness for women across the world. 6. National Disability Employment Awareness Month National Disability Employment Awareness Month is in the 75ht year of observance but also the 30th anniversary of the Americans with Disabilities Act. The theme for October 2020 National Disability Employment Awareness Month is "Increasing Access and Opportunity." 7. National Cybersecurity Awareness Month The National Cybersecurity Awareness Month theme for 2020 is 'Do Your Part. #BeCyberSmart', helping to empower individuals and organizations to own their role in protecting their part of cyberspace. 8. National Domestic Violence Awareness Month October is National Domestic Violence Awareness Month. For many, home is a place of love, warmth, and comfort. Its somewhere that you know you will be surrounded by care and support, and a nice little break from the busyness of the real world. But for millions of others, home is anything but a sanctuary. The U.S. Department of Justice estimates that 1.3 million women and 835,000 men are victims of physical violence by a partner every year. 9. National Youth Justice Action Month October is Youth Justice Action Month. The year for YJAM, the Campaign for Youth Justice joins other national organizations and movements in calling for our local communities to A.C.T. to End Racism. 10. National Arts and Humanities Month October is the largest annual celebration for the arts and humanities in the U.S. No matter who you are or where you live, there are many ways you can celebrate the arts this October. Raising public awareness about the roles of the arts and humanities play in our communities and lives. Page2of3 Packet Pg. 8 4.1 11. Global Diversity Awareness Month October is Global Diversity Awareness Month and a time to pay tribute to the diverse minds and beliefs held by all cultures around the world. We live in a multicultural society and embracing the values and various cultures only strengthens our understanding and appreciation of the world. 12. Manufacturing Day Annually, Manufacturing Day celebrates and raises awareness about our manufacturing businesses and their contributions to our communities, our economy, and our nation. 13. National Small Business Week National Small Business Week has been rescheduled this year due to COVID- 19. Small Business Week is normally held in May. This year, September 21-25 is being recognized as Small Business Week. The U.S. Small Business Administration will be holding a virtual conference September 22-24, 2020. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Walk and Roll to School Week 2. National Fire Prevention Week 3. National Bullying Prevention Month 4. National Energy Action Month 5. National Breast Cancer Awareness Month 6. National Disability Employment Awareness Month 7. National Cybersecurity Awareness Month 8. National Domestic Violence Awareness Month 9. National Youth Action Justice Month 10. National Arts and Humanities Month 11. Global Diversity Awareness Month 12. Manufacturing Day 2020 13. National Small Business Week ht k Linda Sr- ith, City Nfanager— 9/412020 Page3of3 Packet Pg. 9 4.1.a A PROCLAMATION OF THE CITY COUNCIL CITY OFDUBLIN CALIFORNIA "Walk and Roll to School Week" WHEREAS, the City of Dublin acknowledges that walking and bicycling to and from school establishes connections between families, schools and the community, and increases awareness of issues surrounding physical activity among children, pedestrian safety, traffic congestion, and the environment; and WHEREAS, Safe Routes to Schools is an international movement with programs in more than 4o countries and all 5o states that strives to increase the percentage of students and parents utilizing alternative methods of travel to and from school, such as walking or bicycling, through the provision of resources, encouragement, and expertise; and WHEREAS, due to COVID-19, travel to school may be different this year than prior years; and WHEREAS, the Alameda County Safe Routes to Schools program is promoting the month of October as International Walk to School Month, an annual event that encourages students and parents to walk and bicycle to and from school; and WHEREAS, the City of Dublin is coordinating Walk and Roll to School Week events with Alameda County Safe Routes to Schools and Dublin Unified School District during the second week of International Walk to School Month: and WHEREAS, while October 7 is official Walk to School Day in 2020, communities are welcome to celebrate any day in October that works best for their schedules and that fits with local public health guidance. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim the week of October 5, 2020 through October 9, 2020 as "Walk and Roll to School Week" in the City of Dublin, and we call upon all parents and students registered with Dublin Schools to consider walking and bicycling to and from school throughout the week. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 1. Walk and Roll to School Week (City Proclamations for the Months of September and Packet Pg. 10 4.1.b A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "National Fire Prevention Week — October 4-io, 2020" WHEREAS, the City of Dublin is committed to ensuring the safety and security of all those living in and visiting Dublin; fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and WHEREAS, home fires killed 2,735 people in the United States in 2016, according to the National Fire Protection Association (NFPA), and fire departments in the United States responded to 352,000 home fires. The majority of U.S. fire deaths (4 out of 5) occur at home each year and the fire death rate per woo home fires reported to U.S. fire departments was 10 percent higher in 2016 than in 198o; and WHEREAS, Dublin's residents should identify places in their home where fires can start and eliminate those hazards. Working smoke alarms cut the risk of dying in reported home fires in half and Dublin's residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home, should listen for the sound of the smoke alarm and when it sounds respond by going outside immediately to the designated meeting place. The 2020 Fire Prevention Week theme, "Serve up Fire Safety in the Kitchen TM" works to educate everyone about the simple but important actions they can take to keep themselves, and those around them, safe in the kitchen. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 4-10, 2020 Fire Prevention Week throughout the city, and urge all residents of Dublin to be aware of their surroundings, look for available ways out in the event of a fire or other emergency, respond when the smoke alarm sounds by exiting the building immediately, and to support the many public safety activities and efforts of Dublin's fire and emergency services during Fire Prevention Week 2020. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 2. National Fire Prevention Week (City Proclamations for the Months of September and Packet Pg. 11 4.1.c A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "National Bullying Prevention Month 2020" WHEREAS, bullying is physical, verbal, sexual, or emotional harm or intimidation intentionally directed at a person or group of people, and occurs in neighborhoods, playgrounds, schools, and through technology, such as the Internet and cell phones; and WHEREAS, every October, schools and organizations across the country join STOMP Out Bullying" in observing National Bullying Prevention Month. The goal is to encourage schools, communities and organizations to work together to stop bullying and cyberbullying and put an end to hatred and racism by increasing awareness of the prevalence and impact of all forms of bullying on children of all ages; and WHEREAS, various researchers have concluded that bullying is the most common form of violence, affecting millions of American children and adolescents annually, with thousands of California children and adolescents affected by bullying annually; and WHEREAS, targets of bullying are more likely to acquire physical, emotional, and learning problems and students who are repeatedly bullied often fear such activities as riding the bus, going to school, and attending community activities; and WHEREAS, children who bully are at greater risk of engaging in more serious violent behaviors, and children who witness bullying often feel less secure, more fearful, and intimidated. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 2020 as "National Bullying Prevention Month" and encourages citizens to engage in a variety of awareness and prevention activities designed to make our communities safer for all children and adolescents. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 3. National Bullying Prevention Month (City Proclamations for the Months of September and Packet Pg. 12 4.1.d A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "National Energy Action Month - October 2020" WHEREAS, October is National Energy Awareness Month, our annual national effort to highlight the importance of energy to our national prosperity and security; and WHEREAS, conserving and using energy more efficiently protects Dublin's valuable natural resources and improves air quality; and WHEREAS, renewable energy development can offer employment and economic opportunities while contributing to a sustainable Dublin; and WHEREAS, increasing innovation and public interest in energy and transportation greatly benefits our future generations; and WHEREAS, increasing energy efficiency and renewable energy development in public and private facilities represents financial savings for the citizens of Dublin. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 2020 as "Energy Action Month" throughout the city and encourages all citizens of Dublin to conserve and use energy more efficiently in their homes, schools and workplaces. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 4. National Energy Action Month (City Proclamations for the Months of September and Packet Pg. 13 4.1.e A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "National Breast Cancer Awareness Month - October 2020" WHEREAS, October 2020 is National Breast Cancer Awareness Month; and WHEREAS, according to the World Health Organization, breast cancer is the most common cancer among women worldwide, and breast cancer is the most common cancer among women in the United States; and WHEREAS, breast cancer is the second leading cause of cancer death among women; and WHEREAS, the chance of developing invasive breast cancer at some time in a woman's life is about 1 in 8; and WHEREAS, death rates from breast cancer have been declining since about 199o, in part due to better screening and early detection, increased awareness, and continually improving treatment options; and WHEREAS, mammography, an x-ray of the breast is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim the month of October, 2020 as "National Breast Cancer Awareness Month" and encourages all citizens to increase awareness about the importance for women to make an informed decision with their health care provider about early detection and testing for breast cancer. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 5. National Breast Cancer Awareness Month (City Proclamations for the Months of Packet Pg. 14 4.1.f A PROCLAMATION OF THE CITY COUNCIL CITY OFDUBLIN CALIFORNIA "National Disability Employment Awareness Month" WHEREAS, according to the Department of Labor, this year marks not only the 75th observance of National Disability Employment Awareness Month, but also the 3oth anniversary of the Americans with Disabilities Act; and WHEREAS, National Disability Employment Month is a national campaign that raises awareness about disability employment issues and celebrates the many and varied contributions of America's workers with disabilities; and WHEREAS, U.S, Department of Labor designated this year's theme as "Increasing Access and Opportunity"; and WHEREAS, it is critical for employers and their employees to play an active role in National Disability Employment Awareness Month by reviewing policies, establishing an employee resource group, train supervisors on fostering an inclusive workplace culture, and providing training on relevant policies, including the process for providing reasonable accommodations. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 2020 as "National Disability Employment Awareness Month" in the City of Dublin, and we call upon all residents to learn how to support disability employment awareness. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 6. National Disability Employment Awareness Month (City Proclamations for the Months of Packet Pg. 15 4.1.g A PROCLAMATION OF THE CITY COUNCIL CITY OFDUBLIN CALIFORNIA "National Cybersecurity Awareness Month" WHEREAS, the safety and security, both personal and cyber online, of our residents is of utmost importance to the City of Dublin; and WHEREAS, the nation is under increasing threat from cyber-criminal activity due to global pandemics, civil unrest and public confusion; and WHEREAS, understanding cybersecurity is no longer simply a workplace or online threat, but rather it is an ever-present vulnerability that has intertwined itself with our everyday life; and WHEREAS, the overarching theme for Cybersecurity Awareness Month 2020 is "Do Your Part. #BeCyberSmart." The theme empowers individuals and organizations to own their role in protecting their part of cyberspace; and WHEREAS, the awareness of the threat of cybercrime and criminal activity must remain at the forefront of our daily lives. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim the month of October 2020 as "National Cybersecurity Awareness Month" in the City of Dublin, and encourages residents of Dublin to recognize the importance of cybersecurity and to remain vigilant and aware of the potential hazards of cybercrime and the positive impact CyberAwareness can have in our City. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 7. National Cybersecurity Awareness Month (City Proclamations for the Months of Packet Pg. 16 4.1.h A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN CALIFORNIA "National Domestic Violence Awareness Month — October 2020" WHEREAS, one in every four women will experience domestic violence during her lifetime, and approximately 15.5 million children are exposed to domestic violence every year; and WHEREAS, the problem of domestic violence is not confined to any group or groups of people, but crosses all economic, racial, gender, educational, religious, and societal barriers, and is sustained by societal indifference; and WHEREAS, victims of violence should have access to medical and legal services, counseling, transitional housing, and other supportive services so that they can escape the cycle of abuse; and WHEREAS, we encourage domestic violence victims and their families to seek assistance from Tri-Valley Haven and other appropriate victims' services organizations; while recognizing the compassion and dedication of the individuals who provide services to victims of domestic violence and work to increase public understanding of this significant problem; and WHEREAS, local programs, state coalitions, national organizations, and other agencies, nationwide, are committed to increasing public awareness of domestic violence and its prevalence, and to eliminating it through prevention and education. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 2020 as "National Domestic Violence Awareness Month" and encourages the community to be cognizant of the important work done by domestic violence programs and victims' service providers, as well as actively participate in the scheduled activities and programs that work towards the elimination of personal and institutional violence. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 8. National Domestic Violence Awareness Month (City Proclamations for the Months of Packet Pg. 17 4.1.i A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "National Youth Justice Action Month" WHEREAS, the historical role of the juvenile court system is to rehabilitate and treat youthful offenders while holding them accountable and maintaining public safety and is therefore better equipped to work with youth than the adult criminal justice system; and WHEREAS, an estimated 200,000 youth are tried, sentenced, or incarcerated as adults every year in the United states and most of the youth are prosecuted for non-violent offenses; and WHEREAS, youth of color and youth with disabilities and mental health issues are disproportionately represented at all stages of the criminal justice system; and WHEREAS, youth who receive extremely long sentences deserve an opportunity to demonstrate their potential to grow and change; and WHEREAS, the youth of Dublin are a huge focus in our community, and we will continue to promote equity, while advocating for programs and policies that support equal access for all. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 2020 as "National Youth Justice Action Month" and encourages all residents to join in the campaign to commit to awakening, confronting, and transforming our community to fight for equity, humanity, and justice for all. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 9. National Youth Action Justice Month (City Proclamations for the Months of September Packet Pg. 18 4.1.j A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "National Arts and Humanities Month" WHEREAS, National Arts and Humanities Month (NAHM) is a coast -to -coast collective celebration of culture in America; and WHEREAS, each year, since i993, NAHM has helped give millions of Americans the opportunity to explore new facets of the arts and humanities in their lives and has encouraged them to begin a lifelong habit of active participation; and WHEREAS, National Arts and Humanities Month's four primary goals are to: create a national, state and local focus on the arts and humanities through the media; encourage the active participation of individuals, as well as arts, humanities and other interested organizations nationwide; provide an opportunity for federal, state and local business, government and civic leaders to declare their support for the arts and humanities; and establish a highlight visible vehicle for raising public awareness about the arts and humanities; and WHEREAS, the City of Dublin will be participating by highlighting throughout the month, the amazing arts that are showcased throughout our City on our social media platforms and website. NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim October 2020 as "National Arts and Humanities Month" and encourages all residents to join in celebrating the art throughout the city of Dublin and Alameda County. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 10. National Arts and Humanities Month (City Proclamations for the Months of September Packet Pg. 19 4.1.k A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Global Diversity Awareness Month" WHEREAS, this October, Global Diversity Awareness Month is celebrated to pay tribute to the diverse minds and beliefs held by all cultures around the world; and WHEREAS, we live in a multicultural society and embracing the values of various cultures only strengthens our understanding and appreciation of the world; and WHEREAS, after the Second World War, the Universal Declaration of Human Rights was adopted by the United Nations General Assembly at the Palais de Chaillot, in Paris. The Declaration represents the first global expression of rights to which all human beings are inherently entitled. It is essentially an acknowledgement that we should remember and understand the value of each human being, regardless of their nationality, color, race, sex, gender, country of origin, language, or otherwise; and WHEREAS, as the world becomes more and more connected and globalized, it's important to remember that a `global monoculture', or a homogenization of cultures, kills off traditional cultures and unique traits of people; and WHEREAS, the City of Dublin believes that the diversity of our community helps make Dublin a great place to live, work, and raises a family. The City of Dublin will support a wide range of programs and events that reflect and cater to the diversity of our residents. NOW, THEREFORE, BE IT RESOLVED the Dublin City Council proclaims October 2020 as "Global Diversity Awareness Month" and encourages all residents and businesses in Dublin to take time to appreciate the diversity that exists within the City of Dublin. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 11. Global Diversity Awareness Month (City Proclamations for the Months of September and Packet Pg. 20 4.1.1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Dublin Manufacturing Day" October 2, 2020 WHEREAS, the United States National Institute of Science and Technology announced October 2, 2020 as National Manufacturing Day. We join the nation to celebrate modern manufacturing and inspire the next generation of manufacturers to keep our economy growing stronger; and WHEREAS, collaboration between government, education, and industry is essential to job creation in our community and manufacturing businesses in Dublin provide vital employment opportunities and services for our residents; and WHEREAS, Manufacturing Day is a time to celebrate and to raise awareness of our manufacturing businesses and their contributions to our communities, our economy, and our nation; and WHEREAS, in past years, Dublin has been actively involved in the Tri-Valley Manufacturing Day event in partnership with the cities of Livermore and Pleasanton as well as local educational institutions, however an in person Manufacturing Day event could not be held this year due to the ongoing COVID-19 pandemic; and WHEREAS, in lieu of an event in 2020, the City of Dublin will highlight local manufacturers and makers on social media during the month of October. NOW, THEREFORE, BE IT RESOLVED the Dublin City Council hereby proclaims October 2, 2020 as "Manufacturing Day" and encourages residents to learn more about the City's manufacturing businesses and how we can support them. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 12. Manufacturing Day 2020 (City Proclamations for the Months of September and October) Packet Pg. 21 4.1.m A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Small Business Week, September 21-25, 2020" WHEREAS, every year since 1963, the President of the United States has issued a proclamation announcing National Small Business Week, which recognizes the critical contributions of America's entrepreneurs and small business owners; and WHEREAS, due to the COVID-19 pandemic, National Small Business Week was delayed and rescheduled for September 21-25; and WHEREAS, from the storefront shops to the high-tech startups that keep America on the cutting edge, small businesses are the backbone of our economy and the cornerstones of our nation's promise; and WHEREAS, when communities support small businesses, jobs are created, and local communities preserve their unique culture; and WHEREAS, more than half of Americans either own or work for a small business, and they create about two out of every three new jobs in the U.S. each year; and WHEREAS, the City of Dublin recognizes that small businesses are a critical component of the local economy; and WHEREAS, the City of Dublin partners with the Dublin Chamber of Commerce throughout the year to connect small businesses with vital resources, celebrate small businesses, and promote residents to shop locally. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim the week of September 21- 25, 2020 as "Small Business Week" and urges all citizens to join the national effort by supporting local Dublin businesses with their patronage. DATED: September 15, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai Attachment: 13. National Small Business Week (City Proclamations for the Months of September and Packet Pg. 22 4.2 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: 2020 Development Agreement Annual Review Prepared by: Jeff Baker, Community Development Director and Anastasia Nelson, Administrative Technician EXECUTIVE SUMMARY: The City Council will receive a report on the annual review of active Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code. STAFF RECOMMENDATION: Adopt the Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended Have Complied in Good Faith with the Terms and Provisions of the Agreements. FINANCIAL IMPACT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for each approved project. All financial obligations of the subject developers have been met pursuant to the terms provided in their respective Development Agreements. DESCRIPTION: An annual review of active Development Agreements is required by California Government Code Section 65865.1 and Chapter 8.56 of the Dublin Municipal Code. During the review period, occurring in July and August of each year, Staff reviews each active Development Agreement to ensure compliance with the terms and provisions of the agreement. The burden of demonstrating good faith compliance is on the respective developer and/or property owner. Staff from the Administrative Services, Community Development, Fire Prevention, Parks and Community Services, and Public Works departments complete a thorough and detailed assessment of the developer's compliance with the requirements contained in the applicable agreements. Following the review, Staff presents the findings and recommends to the City Council to Page 1 of 2 Packet Pg. 23 4.2 either: (1) determine that the parties are in compliance and conclude the review; or, (2) determine that the parties have not complied in good faith, in which case the City Council must request that the matter of compliance be considered at a noticed public hearing. At said public hearing, the City Council may modify or terminate the Development Agreement upon making certain findings based on substantial evidence that the developer has not complied in good faith with the Agreement. The following active Development Agreements, identified in Table 1 below, were subject to the 2020 annual review. Based on Staff's review, all required public improvements, payments, and scheduled financial obligations have been satisfied by each of the developers and property owners. Staff concluded that each of the developers/owners are proceeding in good faith with the terms of their Development Agreement, and is therefore recommending that the report be accepted by the City Council and the annual review be concluded. Table 1: Active Development Agreements No. Development Project Expiration Date Compliant 1. Ashton at Dublin Station 08/16/2023 Yes 2. Dublin Crossings (Boulevard) 12/20/2033 Yes 3. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes 4. Kaiser Dublin Medical Center 11/04/2041 Yes STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: No public notice is required. However, a formal notification of the 2020 Development Agreement Annual Review was sent to the parties of the Development Agreements. ATTACHMENTS: 1. Resolution Finding Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended Have Complied in Good Faith with Terms and Provisions of the Agreements Linda -ith, City anager 9/4/2020 Page2of2 Packet Pg. 24 4.2.a RESOLUTION NO. XX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS WHEREAS, as of July 1, 2020, the following projects have active Development Agreements with the City of Dublin: Ashton at Dublin Station, Dublin Crossings (Boulevard), Dublin Ranch West (Wallis Ranch), and Kaiser Dublin Medical Center; and WHEREAS, the annual review of active Development Agreements is required by California Government Code Sections 65864 — 65869.5, and Chapter 8.56 of the Dublin Municipal Code; and WHEREAS, during the review period, occurring in July and August of each year, Staff reviews the development agreements to ensure compliance of the terms and provisions of the Agreements; and WHEREAS, the burden of demonstrating good faith compliance with the Agreements rests with the Developers; and WHEREAS, the appropriate City Departments have reviewed each of the active Development Agreements, and confirmed that the developers are in compliance with the terms of the Agreements; and WHEREAS, Staff presents the review and recommends that the City Council determine the parties are in compliance and conclude the review. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council concludes its review of the above referenced active Development Agreements and Supplemental Agreements as Amended, and determines that the Developers having obligations under said Agreements have complied in good faith with the terms and provisions of the Agreements. PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment: 1. Resolution Finding Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Reso No. XX-2020, Item X.X, Adopted 09/15/20 Page 1 of 1 Packet Pg. 25 4.3 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Acceptance of Office of Traffic Safety Grants for the Selective Traffic Enforcement Program and Traffic Record Improvement Project Prepared by: Jared Hattaway, Lieutenant, 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 (STEP) and the Traffic Record Improvement Project (TRIP). The STEP grant program supports best practices and strategies to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The TRIP grant program supports state and local agencies with the ability to plan and initiate traffic records improvement with the use of electronic citation equipment and software. STAFF RECOMMENDATION: Adopt the Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant and Traffic Records Improvement Project Agreement. FINANCIAL IMPACT: New grant funds awarded after the adoption of the Fiscal Year 2020-21 Budget are detailed in the tables below. There is no matching fund requirement and no financial impact to the General Fund for either grant. STEP GRANT FISCAL YEAR Expenditure Period Grant Revenue 2020-21 (10/01/2020 - 06/30/2021) $40,000 2021-22 (07/01/2021 - 09/30/2021) $22,500 TOTAL GRANT AWARD: $62,500 Page 1 of 3 Packet Pg. 26 4.3 TRIP GRANT FISCAL YEAR Expenditure Period Grant Revenue 2020-21 (10/01/2020 - 06/30/2021) $35,000 2021-22 (07/01/2021 - 09/30/2021) $15,000 TOTAL GRANT AWARD: $50,000 DESCRIPTION: Selective Traffic Enforcement Program (STEP) The California Office of Traffic Safety (OTS) is awarding grant funds for the STEP using best practice strategies shown to reduce traffic collisions and gain favorable media coverage. OTS funding is based on the federal fiscal year beginning October 1, 2020. Dublin Police Services has been awarded and has administered similar grants in the past. California OTS recently awarded Dublin Police Services $62,500 to cover overtime costs, supplies and training. All special traffic enforcement events will fall under the STEP grant. Dublin Police Services will use STEP grant funds to reimburse overtime expended on strategies such as DUI saturation patrols. This program will also develop a "Hot Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. There will also be DUI checkpoint operations, patrols focused on distracted driving enforcement and nighttime seatbelt/child restraint seat violations, and traffic safety education operations. Each of these traffic operations will be conducted to make the streets of Dublin safer for pedestrians and motorists. The STEP grant will seek voluntary compliance of traffic laws by generating publicity throughout the one-year grant period. OTS will cover all costs associated with the overtime for enforcement programs for the full grant period. After conducting an evaluation of available resources and developing a deployment strategy during this period, Dublin Police Services requested and was awarded funding for two DUI checkpoints, 15 DUI saturation patrols, 30 Traffic Enforcement operations including but not limited to primary collision factor violations, 30 Distracted Driving enforcement operations targeting drivers using hand held cell phones and texting, and six Traffic Safety educational presentations with an effort to reach community members. OTS will cover the costs of supplies to conduct two DUI checkpoints and to provide additional schooling in Field Sobriety testing and advanced roadside impaired driving enforcement training. Overtime funding will include supervisor, officer, and clerical positions. Staffing varies depending on the enforcement detail being worked. There is no matching fund requirement for this grant. Exhibit A to the attached resolution includes goals and objectives and budget sections of the Grant Agreement describing the use of allocated funds. Traffic Record Improvement Project (TRIP) OTS is awarding TRIP grant funds to local agencies having the need for timely, Page 2 of 3 Packet Pg. 27 4.3 accurate, accessible, and uniform traffic records to identify and prioritize traffic safety issues and to choose appropriate safety countermeasures and evaluate their effectiveness. OTS funding is based on the federal fiscal year beginning October 1, 2020. Dublin Police Services has been awarded and has administered similar grants in the past. California OTS recently awarded Dublin Police Services $50,000 for new technologies and software associated with records improvement, traffic crash reporting, and electronic citation equipment. The technological advances provided by TRIP grant funding will cover the costs of purchasing hand-held electronic citation devices and printers to be utilized for traffic enforcement purposes. This includes the capability of exporting data to a departmental records management system as well as the local court records system. STRATEGIC PLAN INITIATIVE: Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement Strategy 4a: Reduce/eliminate need for paper transactions where feasible. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Confirming City of Dublin Participation in the State of California Office of Traffic Safety Selective Traffic Enforcement Grant and Traffic Records Improvement Project Agreement 2. Exhibit A to the Resolution - OTS STEP Grant Agreement 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement Linda Smith, City anage�.r 918/2020 Page3of3 Packet Pg. 28 4.3.a RESOLUTION NO. xx - 20 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 AND TRAFFIC RECORDS IMPROVEMENT PROJECT AGREEMENT WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by preventable factors such as driver impairment; and WHEREAS, on August 5, 2020, a Grant Agreement with the State of California Office of Traffic Safety was signed to conduct a multi -year Selective Traffic Enforcement Program (STEP); and WHEREAS, the STEP 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 was advised after the adoption of the Fiscal Year 2020-21 Budget of the award of $62,500 to be made under the STEP Grant; and WHEREAS, on August 5, 2020, a Grant Agreement with the State of California Office of Traffic Safety was signed to conduct a multi -year Traffic Research Improvement Program (TRIP); and WHEREAS, the TRIP program provides funding to support the use of up-to-date, accurate, accessible, and uniform traffic record systems to identify and prioritize traffic safety issues is paramount; and WHEREAS, the City was advised after the adoption of the Fiscal Year 2020-21 Budget of the award of $50,000 to be made under the TRIP grant; and WHEREAS, the awards for the STEP and TRIP grants will span Fiscal Years 2020-21 and 2021-22 as described in the Staff Report presented to the City Council on September 15, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin confirms both Grant Agreements with the State of California Office of Traffic Safety attached hereto as Exhibits A and B, executed on August 5, 2020. BE IT FURTHER RESOLVED that the City Council accepts the grant awards of $62,500 and $50,000. vote: PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Packet Pg. 29 4.3.a City Clerk Packet Pg. 30 4.3.b State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT21176 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY Dublin 3. Grant Period From: 10/01/2020 To: 09/30/2021 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: $62,500.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • 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 made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties 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 kepi#5 Jul 30, 2020 B. AUTHORIZING OFFICIAL ADDRESS: Garrett Holmes Chief of Police gholmes@acgov.org (925) 833-6685 100 Civic Plaza Dublin, CA 94568 gAiroet fidow- Aug 5, 2020 , , , ,qr (Signature) (Date) C. FISCAL OFFICIAL ADDRESS: Laura Jammal Administrative Aide laura.jammal@dublin.ca.gov (925) 556-4580 100 Civic Plaza Dublin, CA 94568 Jul 30, 2020rw«, (Signature) (Date) D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive Suite 300 Elk Grove, CA 95758 r1- Aug 5, 2020 (Signature) (Date) (Signature) (Date) Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM PagE Packet Pg. 31 4.3.b E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 9. DUNS INFORMATION DUNS #: 361268063 REGISTERED ADDRESS: 100 Civic Plaza CITY: Dublin ZIP+4: 94568-7735 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164 AL-21 20.608 0521-0890-101 2020 2020 BA/20 $40,000.00 402PT-21 20.600 0521-0890-101 2020 2020 BA/20 $22,500.00 AGREEMENT TOTAL $62,500.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $62,500.00 I 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 Caro(vn Vu OFFICER'S SIGNATURE 1 DATE SIGNED Aug 5, 2020 TOTAL AMOUNT ENCUMBERED TO DATE $62,500.00 Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pac Packet Pg. 32 4.3.b State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT21176 1. PROBLEM STATEMENT Problem Statement: The City of Dublin is a city with a residential population of 64,577 as of 1/1/2019. The California State Department of Finance ranks the City of Dublin as the second fastest growing city with populations over 30,000 by percentage in California over the past year! Dublin is the fastest growing city by percentage in the entire 9-county San Francisco Bay Area. Through a growing light industry, existing retail business, and the planned future retail business, the day -time population of Dublin increases by over 85%! The City of Dublin currently has 116 miles of roadway that is used by approximately 115,000 vehicles on an average day. There are four major roadways thru Dublin which carry a high volume of the traffic during all hours from neighboring Contra Costa County, which is growing in population as fast, if not faster, than Dublin. Dublin is bordered on the north by Interstate 580 and on the west with Interstate 680 running north and south thru Dublin. Due to the increasing volume of traffic, collisions are on the rise while staffing levels stay the same. The Dublin Police Services (DPS) Traffic Unit is staffed with four (4) Traffic Officers and one Sergeant. The gracious support of the California Office of Traffic Safety (OTS) has allowed the DPS Traffic Unit to now effectively staff all seven days of the week. To cover seven days of the week, three days are covered 10 hours out of the 24 hour day. The other 4 days are covered for 12 hours of the 24-hour day. This FY2020 STEP grant will markedly assist the DPS Traffic Unit's ability to aggressively address driving problems during the hours which it most occurs. The Traffic Unit will also be able to address other major collision causing violations. The normal day-to-day Traffic Unit objectives will be able to continue without interruption. Dublin's proposed Selective Traffic Enforcement Program (STEP), in conjunction with our established Community Oriented Policing philosophy, will assist the Police Services to educate the public on traffic laws, speed violators, seat belt and DUI awareness. This effort, coupled with aggressive enforcement in the areas of aggressive drivers, pedestrian safety, red light running, and high accident intersections will provide a positive influence on collision prevention. This proposed STEP Grant will also assist with collaborative efforts with surrounding Alameda Country agencies, specifically within the tri-valley Cities of Livermore, Pleasanton, and Dublin to address staffing storages 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. 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. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM PagE Packet Pg. 33 4.3.b 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, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. Develop (by December 31) and/or maintain a "HOT Sheet" 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 HOT sheets 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. 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 9. Conduct DUI Saturation Patrol operation(s). 15 10. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court. 2 11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 30 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 30 13. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 4 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. 6 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 6 16. Conduct highly visible collaborative DUI Enforcement operations 4 17. Conduct highly visible collaborative Traffic Enforcement operations 4 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st Quarter of Grant Year) quarter. • 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 Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pad Packet Pg. 34 4.3.b • In order to develop/maintain the "Hot Sheets," 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. Hot Sheets 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 Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at pio(a.ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio(aots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant -related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS-supplied, template -based press release is used, there is no need for pre -approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time -valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(aots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pioots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for specifics and format -appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above requirements might be contemplated 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. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Page Packet Pg. 35 4.3.b 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 This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pac Packet Pg. 36 4.3.b State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT21176 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-21 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $40,000.00 402PT-21 20.600 State and Community Highway Safety $22,500.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Straight Time $0.00 Overtime 164AL-21 $10,500.00 2 $21,000.00 DUI Checkpoints DUI Saturation Patrols 164AL-21 $762.00 17 $12,954.00 Traffic Enforcment 402PT-21 $762.00 8 $6,096.00 Distracted Driving 402PT-21 $762.00 5 $3,810.00 Pedestrian and Bicycle Enforcement 402PT-21 $762.00 3 $2,286.00 Traffic Safety Education 402PT-21 $762.00 3 $2,286.00 Collaborative DUI Enforcement 164AL-21 $762.00 4 $3,048.00 Collaborative Traffic Enforcement 402PT-21 $762.00 4 $3,048.00 Category Sub -Total $54,528.00 B. TRAVEL EXPENSES In State Travel 402PT-21 $3,474.00 1 $3,474.00 $0.00 Category Sub -Total $3,474.00 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-21 $2,998.00 1 $2,998.00 Traffic Supplies 402PT-21 $1,500.00 1 $1,500.00 Category Sub -Total $4,498.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $62,500.00 Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM PagE Packet Pg. 37 4.3.b State of California — Office of Traffic Safety GRANT AGREEMENT. Schedule B-1 GRANT NUMBER PT21176 BUDGET NARRATIVE PERSONNEL COSTS DUI 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. Traffic Enforcment - 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 law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations 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 Lifesavers 2021 Conference. 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. Cost should include for the Lifesavers Conference hotel and tuition for two staff members in Long Beach, CA 2021. 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 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. Traffic Supplies - Radar Trailer upgrades and batteries. INDIRECT COSTS STATEMENTS/DISCLAIMERS Program Income default statement: There will be no program income generated from this grant. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pac Packet Pg. 38 4.3.b 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. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Page Packet Pg. 39 4.3.b State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT21176 CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place State in a high -risk grantee status in accordance with 49 CFR 18.12. The Officials named 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 • 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 23 CFR part 1300 — Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to 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). 7/29/2020 10:41:16 AM Pac Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) Packet Pg. 40 4.3.b The State highway safety agency— • 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: "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. POLITICAL ACTIVITY (HATCH ACT) (applies to 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 subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pag Packet Pg. 41 4.3.b 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 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 subrecipients as well as States) 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. 7/29/2020 10:41:16 AM Pac Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) Packet Pg. 42 4.3.b 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 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 Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pag( Packet Pg. 43 4.3.b 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.sam.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. 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. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pac Packet Pg. 44 4.3.b BUY AMERICA ACT (applies to 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 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. Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Page Packet Pg. 45 4.3.b State of California — Office of Traffic Safety OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C GRANT NUMBER PT21176 INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. GRANT DETAILS Grant Number: Agency Name: Grant Title: Agreement Total: Authorizing Official: Fiscal Official: Grant Director: PT21176 Dublin Police Department Selective Traffic Enforcement Program (STEP) $62,500.00 Garrett Holmes Laura Jammal Kevin Monaghan CURRENT GEMS USERS) 1. Laura Jammal Title: Administrative Aide Phone: (925) 556-4580 Email: laura.jammal@dublin.ca.gov Media Contact: No 2. Kevin Monaghan Title: Sergeant Phone: (925) 556-4562 Email: kmonaghan@acgov.org Media Contact: Yes Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pac' Packet Pg. 46 4.3.b Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 2 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 3 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: Date: Jul 30, 2020 ! As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. ,CeiihMoli ghae Kevin Monaghan Signature Name Jul 30, 2020 Grant Director Date Title Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:41:16 AM Pag Packet Pg. 47 4.3.b Grant Agreement - PT21176 Final Audit Report 2020-08-05 Created: 2020-07-29 By: Trysh Strayhand (trysh.strayhand@ots.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAng8AXC5M52WsLAfwZ4PC5t2bWcmxwRxe "Grant Agreement - PT21176" History Document created by Trysh Strayhand (trysh.strayhand@ots.ca.gov) 2020-07-29 - 5:41:29 PM GMT- IP address: 96.43.153.8 L? Document emailed to Kevin Monaghan (kmonaghan@acgov.org) for signature 2020-07-29 - 5:41:35 PM GMT Email viewed by Kevin Monaghan (kmonaghan@acgov.org) 2020-07-29 - 5:52:23 PM GMT- IP address: 174.194.134.81 [ye Document e-signed by Kevin Monaghan (kmonaghan@acgov.org) Signature Date: 2020-07-30 - 2:37:52 PM GMT - Time Source: server- IP address: 166.107.82.1 LT Document emailed to Kevin Monaghan (kmonaghan@acgov.org) for signature 2020-07-30 - 2:37:54 PM GMT ti Email viewed by Kevin Monaghan (kmonaghan@acgov.org) 2020-07-30 - 3:11:59 PM GMT- IP address: 166.107.82.1 z Document e-signed by Kevin Monaghan (kmonaghan@acgov.org) Signature Date: 2020-07-30 - 3:12:15 PM GMT - Time Source: server- IP address: 166.107.82.1 E Document emailed to Laura Jammal (laura.jammal@dublin.ca.gov) for signature 2020-07-30 - 3:12:17 PM GMT Li Email viewed by Laura Jammal (laura.jammal@dublin.ca.gov) 2020-07-30 - 3:52:45 PM GMT- IP address: 104.47.46.254 do Document e-signed by Laura Jammal (laura.jammal@dublin.ca.gov) Signature Date: 2020-07-30 - 3:52:53 PM GMT - Time Source: server- IP address: 166.107.82.1 E-+. Document emailed to Garrett Holmes (gholmes@acgov.org) for signature 2020-07-30 - 3:52:55 PM GMT Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) a TRAFFIC SAFETY Adobe Sign 1 Packet Pg. 48 4.3.b IJ Email viewed by Garrett Holmes (gholmes@acgov.org) 2020-08-05 - 1:50:49 AM GMT- IP address: 24.4.143.222 Q Document e-signed by Garrett Holmes (gholmes@acgov.org) Signature Date: 2020-08-05 - 3:32:26 PM GMT - Time Source: server- IP address: 166.107.82.1 E', Document emailed to Carolyn Vu (carolyn.vu@ots.ca.gov) for signature 2020-08-05 - 3:32:28 PM GMT ',`9 Email viewed by Carolyn Vu (carolyn.vu@ots.ca.gov) 2020-08-05 - 4:32:49 PM GMT- IP address: 104.47.65.254 Document e-signed by Carolyn Vu (carolyn.vu@ots.ca.gov) Signature Date: 2020-08-05 - 4:33:02 PM GMT - Time Source: server- IP address: 76.20.59.121 L Document emailed to Barbara Rooney (barbara.rooney@ots.ca.gov) for signature 2020-08-05 - 4:33:04 PM GMT l Email viewed by Barbara Rooney (barbara.rooney@ots.ca.gov) 2020-08-05 - 11:57:23 PM GMT- IP address: 104.47.64.254 it Document e-signed by Barbara Rooney (barbara.rooney@ots.ca.gov) Signature Date: 2020-08-05 - 11:57:34 PM GMT - Time Source: server- IP address: 174.194.195.207 Q Signed document emailed to Barbara Rooney (barbara.rooney@ots.ca.gov), Laura Jammal (laura.jammal@dublin.ca.gov), Kevin Monaghan (kmonaghan@acgov.org), Kevin Monaghan (kmonaghan@acgov.org), and 3 more 2020-08-05 - 11:57:34 PM GMT Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) TRAFFIC SAFETY Adobe Sign Packet Pg. 4 9 4.3.b Attachment: 2. Exhibit A to the Resolution - OTS STEP Grant Agreement (Acceptance of Office of Traffic Safety Grants) Packet Pg. 50 4.3.c State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER TR21045 1. GRANT TITLE Traffic Records Improvement Project 2. NAME OF AGENCY Dublin 3. Grant Period From: 10/01/2020 To: 09/30/2021 4. AGENCY UNIT TO ADMINISTER GRANT Dublin Police Department 5. GRANT DESCRIPTION State and local agencies need timely, accurate, complete, accessible, and uniform traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to plan and initiate traffic records improvement projects such as the purchase and implementation of traffic crash reporting systems as well as electronic citation equipment and software. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • 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 made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties 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 Kevi!MarcVke�z Jul30, 2020 B. AUTHORIZING OFFICIAL ADDRESS: Garrett Holmes Chief of Police gholmes@acgov.org (925) 833-6685 100 Civic Plaza Dublin, CA 94568 Aug 5, 2020 ,agrraftHaloes (Signature) (Date) C. FISCAL OFFICIAL ADDRESS: Laura Jammal Administrative Aide laura.jammal@dublin.ca.gov (925) 556-4580 100 Civic Plaza Dublin, CA 94568 1. Jul 30, 2020 (Signature) (Date) D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive Suite 300 Elk Grove, CA 95758 f+rs;:7., V % - Aug 5, 2020 ,'," t".d,,,,, , (Signature) (Date) (Signature) (Date) Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Fag( Packet Pg. 51 4.3.c E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 9. DUNS INFORMATION DUNS #: 361268063 REGISTERED ADDRESS: 100 Civic Plaza CITY: Dublin ZIP+4: 94568-7735 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 405c TR-21 20.616 0521-0890-101 2020 2020 BA/20 $50,000.00 AGREEMENT TOTAL $50,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $50,000.00 I 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 I - * //‘ OFFICER'S SIGNATURE DATE SIGNED Aug 5, 2020 TOTAL AMOUNT ENCUMBERED TO DATE $50,000.00 Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pac Packet Pg. 52 4.3.c State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER TR21045 1. PROBLEM STATEMENT Problem Statement: The City of Dublin is a constantly growing city. With all the growth and development comes the necessity for new and emerging technology for Dublin Police Services. In this day and age, this technology is required to sustain the needs of the citizen, the needs of the officers, and most certainly needed to maintain the basic needs of the industry standards of public service. The City of Dublin is currently in dire need of emerging technology in the arena of traffic reporting data and electronic citation equipment and software. Dublin Police Services (DPS) currently does not have a system in place for this technology. The DPS Records staff manually input all citation data into the report management system (I/Leads) and mails a hardcopy of all collision reports to the California Highway Patrol (CHP). These tasks take hundreds of man hours per year to complete and is far outdated in the industry. To be more specific on the amount of time these tasks take, the DPS Records supervisor recently estimated that the task of data input alone take over 260 working employee hours. This amounts to 6.6 40 hour work weeks per year. Additionally, DPS Records spend another 30 hours per year preparing and mailing hardcopy collision reports to the CHP for allied agency collision reporting. If provided with new technology of automated citations and automated collision reporting the time saved by DPS Records staff could be used for scanning, updating, stocking forms, ensuring report information is complete and within guidelines, records training and improve overall customer service performance. In addition, officers would be far more accurate and efficient with the issuance of automated citations. The current processes of collision reporting to CHP and issuance of citations from the DPS Traffic Unit and patrol officers is no longer cost effective with prevailing technology that is available. Dublin's proposed Traffic Reports Improvement Plan (TRIP), in conjunction with the City of Dublin's support for its departments to seek new technology, will assist the overall reporting and issuance of citation and collision data. This proposed plan will enhance every level of the reporting ladder and will exponentially increase current work flow issues and will enable more focus in areas that make DPS more efficient and effective. 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. B. Objectives: 1. Purchase and implement a complete electronic citation solution that includes the capability of exporting data to both a departmental records management system (RMS) as well as the local court records system. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st Quarter of Grant Year) • Determine specific system requirements. • Determine specific equipment requirements. • Request vendor price quotation per host agency requirements. • Procure an electronic crash reporting system with the following functionalities: • System licensing with installation and training. • GIS based mapping. • Segment crash diagraming tool. • Ability to create or import crash reports. • Ability to import and export agency RMS files. • Ability to perform complete analysis of crash reports. • Secure database accessible by appropriate agency personnel. Target Number 1 Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pag Packet Pg. 53 4.3.c • Ability to export complete crash report to the California Highway Patrol's Statewide Integrated Traffic Records System. • Procure an electronic citation system with the following functionalities: • System licensing with installation and training. • Ability to import and export to agency RMS files. • Ability to perform complete analysis of citation reports. • Secure database accessible by appropriate agency personnel. • Ability to export complete citation reports to the local county court. B. Phase 2 — Program Operations (Throughout Grant Year) • Select vendor for system development, implementation, and installation. • Monitor and oversee progress of system/software development. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30). • Successful project completion and confirmation of successful transmission by the California Highway Patrol is required before submission of invoice claims seeking reimbursement from OTS. • Prepare and submit quarterly performance reports (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 summary of quarterly accomplishments and explanations for objectives not completed. • 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 This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pac Packet Pg. 54 4.3.c State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER TR21045 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 405c TR-21 20.616 State Traffic Safety Information System Improvements $50,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Straight Time $0.00 Overtime $0.00 Category Sub -Total $0.00 B. TRAVEL EXPENSES $0.00 $0.00 Category Sub -Total $0.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT Complete Electronic Citation Data Collection System 405c TR-21 $50,000.00 1 $50,000.00 Category Sub -Total $50,000.00 E. OTHER DIRECT COSTS $0.00 Category Sub -Total $0.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $50,000.00 Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Fag( Packet Pg. 55 4.3.c State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER TR21045 BUDGET NARRATIVE PERSONNEL COSTS TRAVEL EXPENSES CONTRACTUAL SERVICES EQUIPMENT Complete Electronic Citation Data Collection System - A traffic citation database system, using a hand-held device, to collect citation data electronically in the field, print a violator copy of the citation, and transfer the information electronically to the agency RMS system and the courts for prosecution. The system will be used by traffic officers to improve the efficiency and accuracy of writing traffic citations. Costs include the purchase of electronic citation devices, with mag-strip readers, fingerprint readers, audio recorder, camera, docking/charging station, software, licenses, accessories, training, and associated shipping and taxes. OTHER DIRECT COSTS INDIRECT COSTS STATEMENTS/DISCLAIMERS Program Income default statement: There will be no program income generated from this grant. Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pac Packet Pg. 56 4.3.c State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER TR21045 CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place State in a high -risk grantee status in accordance with 49 CFR 18.12. The Officials named 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 • 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 23 CFR part 1300 — Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to 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). 7/29/2020 10:42:03 AM Pag€ Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) Packet Pg. 57 4.3.c The State highway safety agency— • 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: "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. POLITICAL ACTIVITY (HATCH ACT) (applies to 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 fluids. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pa Packet Pg. 58 4.3.c 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 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 subrecipients as well as States) 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. 7/29/2020 10:42:03 AM Pag Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) Packet Pg. 59 4.3.c 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 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 Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pac Packet Pg. 60 4.3.c 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.sam.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. 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. Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pagf Packet Pg. 61 4.3.c BUY AMERICA ACT (applies to 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 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. Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pac Packet Pg. 62 4.3.c State of California — Office of Traffic Safety OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C GRANT NUMBER TR21045 INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS I. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. GRANT DETAILS Grant Number: Agency Name: Grant Title: Agreement Total: Authorizing Official: Fiscal Official: Grant Director: TR21045 Dublin Police Department Traffic Records Improvement Project $50,000.00 Garrett Holmes Laura Jammal Kevin Monaghan CURRENT GEMS USER(S) 1. Laura Jammal Title: Administrative Aide Phone: (925) 556-4580 Email: laura.jammal@dublin.ca.gov Media Contact: No 2. Kevin Monaghan Title: Sergeant Phone: (925) 556-4562 Email: kmonaghan@acgov.org Media Contact: Yes Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Page Packet Pg. 63 4.3.c Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No❑ Add/Change ❑ Remove Access Name Job Title Email address Phone number GEMS User 2 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 3 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: , e1//)tAhgghair Date: Jul 30, 2020 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. K'Kevin Monaghan Signature Name Jul 30, 2020 Grant Director Date Title Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) 7/29/2020 10:42:03 AM Pac Packet Pg. 64 4.3.c Grant Agreement - TR21045 Final Audit Report 2020-08-05 Created: 2020-07-29 By: Trysh Strayhand (trysh.strayhand@ots.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAFaNIikuHrco7M98G5_B4DK6Y2X4d_goq "Grant Agreement - TR21045" History Document created by Trysh Strayhand (trysh.strayhand@ots.ca.gov) 2020-07-29 - 5:42:15 PM GMT- IP address: 96.43.153.8 [? Document emailed to Kevin Monaghan (kmonaghan@acgov.org) for signature 2020-07-29 - 5:42:21 PM GMT Email viewed by Kevin Monaghan (kmonaghan@acgov.org) 2020-07-29 - 7:56:58 PM GMT- IP address: 76.218.111.189 4 Document e-signed by Kevin Monaghan (kmonaghan@acgov.org) Signature Date: 2020-07-30 - 2:38:28 PM GMT - Time Source: server- IP address: 166.107.82.1 ET. Document emailed to Kevin Monaghan (kmonaghan@acgov.org) for signature 2020-07-30 - 2:38:30 PM GMT Email viewed by Kevin Monaghan (kmonaghan@acgov.org) 2020-07-30 - 3:11:21 PM GMT- IP address: 166.107.82.1 4 Document e-signed by Kevin Monaghan (kmonaghan@acgov.org) Signature Date: 2020-07-30 - 3:11:52 PM GMT - Time Source: server- IP address: 166.107.82.1 L T Document emailed to Laura Jammal (laura.jammal@dublin.ca.gov) for signature 2020-07-30 - 3:11:53 PM GMT TA Email viewed by Laura Jammal (laura.jammal@dublin.ca.gov) 2020-07-30 - 3:51:57 PM GMT- IP address: 104.47.46.254 ?0 Document e-signed by Laura Jammal (laura.jammal@dublin.ca.gov) Signature Date: 2020-07-30 - 3:52:34 PM GMT - Time Source: server- IP address: 166.107.82.1 cb Document emailed to Garrett Holmes (gholmes@acgov.org) for signature 2020-07-30 - 3:52:36 PM GMT Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) TRAFFIC SAFETY Adobe Sign Packet Pg. 6 5 4.3.c Email viewed by Garrett Holmes (gholmes@acgov.org) 2020-08-05 - 1:50:56 AM GMT- IP address: 24.4.143.222 C: Document e-signed by Garrett Holmes (gholmes@acgov.org) Signature Date: 2020-08-05 - 3:31:41 PM GMT - Time Source: server- IP address: 166.107.82.1 El. Document emailed to Carolyn Vu (carolyn.vu@ots.ca.gov) for signature 2020-08-05 - 3:31:43 PM GMT Email viewed by Carolyn Vu (carolyn.vu@ots.ca.gov) 2020-08-05 - 4:33:37 PM GMT- IP address: 104,47.64.254 L'56 Document e-signed by Carolyn Vu (carolyn.vu@ots.ca.gov) Signature Date: 2020-08-05 - 4:33:50 PM GMT - Time Source: server- IP address: 76.20.59.121 Cw Document emailed to Barbara Rooney (barbara.rooney@ots.ca.gov) for signature 2020-08-05 - 4:33:52 PM GMT =i Email viewed by Barbara Rooney (barbara.rooney@ots.ca.gov) 2020-08-05 - 11:57:47 PM GMT- IP address: 104.47.64.254 i Document e-signed by Barbara Rooney (barbara.rooney@ots.ca.gov) Signature Date: 2020-08-05 - 11:57:58 PM GMT - Time Source: server- IP address: 174.194.195.207 Signed document emailed to Garrett Holmes (gholmes@acgov.org), Carolyn Vu (carolyn.vu@ots.ca.gov), Kevin Monaghan (kmonaghan@acgov.org), Laura Jammal (laura.jammal@dublin.ca.gov), and 3 more 2020-08-05 - 11:57:58 PM GMT Attachment: 3. Exhibit B to the Resolution - OTS TRIP Grant Agreement (Acceptance of Office of Traffic Safety Grants) o TRAFFIC SAFETY Adobe Sign Packet Pg. 66 4.4 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: 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 August 1, 2020 - August 31, 2020 totaling $11,018,465.80. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED August 1, 2020 through August 31, 2020 Total Number of Payments: 379 Total Amount of Payments: $11,018,465.80 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning August 1, 2020 through August 31, 2020. 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 audited comprehensive annual financial report. Page 1 of 2 Packet Pg. 67 4.4 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report for August 2020 Page2of2 Packet Pg. 68 4.4.a Print Date: 09/01/2020 Page 1 of 9 Date Issued Payee City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 08/03/2020 ACTIVE NETWORKS, LLC 08/03/2020 ADVANCED INTEGRATED PEST 08/03/2020 ADVANCED MOBILITY GROUP Check Total: 08/03/2020 ALAMEDA COUNTY FIRE DEPARTMENT 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 Check Total: ALAMEDA HEALTH SYSTEM ALEX, ROSEMARY ALLIANT INSURANCE SVCS INC ARAMARK UNIFORM SVC LOCKBOX ARLEN NESS ENTERPRISE ARORA, AKSHAY BAY AREA AIR QUALITY MGMT DIST BENNETT, NANCY BFS LANDSCAPE ARCHITECTURE BIG O'TIRES #7 BKF ENGINEERS CASTRO VALLEY PERFORMING ARTS CHESS WIZARDS, INC. CITY SERVE OF THE TRI-VALLEY COIT SERVICES, INC. COMMUNICATION ACADEMY CONTRACT SWEEPING SERVICES Check Total: COUNTY OF ALAMEDA CSI FORENSIC SUPPLY DAHLIN GROUP INC ENVIRONMENTAL LANDSCAPE EVERPRO KIDS GEOCON CONSULTANTS, INC. GEOSYNTEC CONSULTANTS, INC. HARRIS & ASSOCIATES JOHNSON CONTROLS SECURITY LIVERMORE AUTO GROUP LOEWKE PLANNING ASSOCIATES MARK THOMAS & COMPANY, INC. MCDONALD HOPKINS, LLC. MCE CORPORATION MNS ENGINEERS, INC. PAKPOUR CONSULTING GROUP, INC. PG&E Amount Description 8,500.00 RECREATION SOFTWARE ANNUAL MAINTENANCE 4,325.00 PEST CONTROL SERVICES JUN 2020 6,510.00 DUBLIN BLVD SIGNAL COORDINATION STUDY 4,195.00 TRAFFIC SIGNAL SYSTEMS MAINT & SUPPORT 1,760.00 TRAFFIC SIGNAL SYSTEMS ONGOING SUPPORT 12,465.00 1,174,978.67 FIRE SERVICES APR 2020 1,117,344.66 FIRE SERVICES JUN 2020 2,292,323.33 3,465.00 220.00 3,793.00 128.73 479.24 6,411.00 488.75 105.00 47,442.93 201.38 6,379.25 392.00 756.00 25,000.00 250.00 1,668.00 17,435.44 POLICE INVESTIGATION MEDICAL EXAM REIMBURSEMENT FOR RESCAPE SEMINAR FACILITY RENTAL INSURANCE JAN-MAR 2020 MAT SERVICE CORP YARD POLICE VEHICLE MAINTENANCE - 15M76 REC CLASS INSTRUCTOR ANNUAL GENERATOR PERMIT RENEWAL CIVIC CEN REC CLASS INSTRUCTOR CONCEPT DESIGNS/CONSTR DOCS FALLON PARK POLICE VEHICLE TIRES & MAINTENANCE PRELIMINARY ENGINEERING STUDY DUBLIN BLVD REC CLASS INSTRUCTOR REC CLASS INSTRUCTOR RENTAL ASSISTANCE GRANT PROGRAM CARPET CLEANING SERVICES WAVE REC CLASS INSTRUCTOR STREET SWEEPING SERVICES APR 2020 17,435.44 STREET SWEEPING SERVICES JUN 2020 17,435.44 STREET SWEEPING SERVICES MAY 2020 52,306.32 42.00 ASSESSOR MAP UPDATES - MAY & JUN 2020 692.65 POLICE EVIDENCE SUPPLIES 1,650.00 THE WAVE SLIDE ANCHORAGE SYSTEM DESIGN 4,900.00 TRASH RECEPTACLES FOR MAPE PARK 63.00 REC CLASS INSTRUCTOR 1,466.25 TRAIL DESIGN & GEOTECHNICAL SVCS 42,030.96 GREEN INFRASTRUCTURE/STRMWTR RESOURCE F 29,830.00 2020 SLURRY SEAL PROJECT 1,203.13 FIRE ALARM MONITORING SERVICES LIBRARY 4,942.93 POLICE VEHICLE MAINTENANCE & REPAIR 3,645.00 PLAN CHECK & INSPECTION SERVICES JUN 2020 25,836.69 IRON HORSE TRAIL CROSSING DESIGN SVCS 1,439.00 MALWARE CONSULTATION 3,898.50 LANDSCAPE MAINTENANCE DSRSD 21,350.00 ENGINEERING SERVICES MAR 2020 9,744.00 ENGINEERING SERVICES APR 2020 79.21 SERVICE TO 07/09/2020 2,494.83 SERVICE TO 07/12/2020 7,613.70 SERVICE TO 07/13/2020 2,686.03 SERVICE TO 07/14/2020 Attachment: 1. Packet Pg. 69 4.4.a Print Date: 09/01/2020 Page 2 of 9 Date Issued Payee 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 08/03/2020 City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 Check Total: PHOENIX GROUP INFO SYS. RRM DESIGN GROUP, A CA CORP SDI PRESENCE, LLC. SELECT IMAGING SHAMROCK OFFICE SOLUTIONS, LLC SPECIFIED PLAY EQUIPMENT CO SQUAD ESTATES SWANK MOTION PICTURES INC SWINERTON MANAGEMENT 08/03/2020 TREASURER ALAMEDA COUNTY 08/03/2020 TREASURER ALAMEDA COUNTY Check Total: Vendor Total: 08/03/2020 URBAN SUSTAINABILITY Payments Issued 8/3/2020 Total: 08/04/2020 CAL PERS HEALTH PREMIUM Payments Issued 8/4/2020 Total: 08/06/2020 EMPLOYMENT DEVELOPMENT DEPT Payments Issued 8/6/2020 Total: 08/07/2020 08/07/2020 08/07/2020 08/07/2020 08/07/2020 08/07/2020 CAL PERS EMPLOYMENT DEVELOPMENT DEPT ICMA 401 PLAN ICMA457PLAN INTERNAL REVENUE SERVICE U.S. BANK CORPORATE PMT SYSTEM Amount Description 25,890.09 SERVICE TO 07/15/2020 38,763.86 307.00 PARKING CITATION PROCESSING JUN 2020 95.00 PLAN CHECK & INSPECTION SERVICES JUN 2020 1,879.50 ENTERPRISE RSRCE PLNG SELECTION ASSISTANC 2,386.90 BUS. LICENSE RENEWAL PRINTING & MAILING 1,587.07 PRINTER OVERAGES 189,203.79 IMAGINE PLAYGROUND EQUIPMENT/CONSTRUCTIC 1,605.00 REC CLASS INSTRUCTOR 860.00 MOVIE RENTAL - OUTDOOR MOVIE NIGHT 2,040.00 CIVIC CENTER HVAC EVALUATION 2,608.25 CRIME LAB SERVICES - JUN 2020 12,665.00 CRIME LAB SERVICES - MAY 2020 442.18 FINGERPRINT PROCESSING - JUN 2020 15,715.43 1,463.50 PARKING CITATIONS COLLECTED — JUN 2020 17,178.93 1,800.00 URBAN SUSTAINABILITY NETWORK DUES -YOUNG 2,877,541.09 129,799.54 HEALTH INSURANCE PREMIUM - AUG 2020 129,799.54 62,110.00 UNEMPLOYMENT INSURANCE REIMB Q4 FY19-20 62,110.00 79,815.90 PERS RETIREMENT PLAN: PE 7/31/20 18,415.24 CA STATE WITHHOLDING: PE 7/31/20 1,601.27 DEFERRED COMP 401A: PE 7/31/20 25,873.76 DEFERRED COMP 457: PE 7/31/20 56,333.70 FEDERAL WITHHOLDING: PE 7/31/20 309.69 ARBORIST CREDENTIAL RECERTIFICATION FEES 500.68 BUILDING HANDOUTS ON ACCESSIBILITY 60.00 CALGOV MEMBERSHIP DUES -CARTER 22.00 CODE ENFORCEMENT TRAINING REG-BAXLEY 41.83 COMMUNITY CAKE WARS PRIZE 218.40 COMPUTER SUPPLIES 646.64 CREEK CLEAN-UP SUPPLIES 2,247.16 EMPLOYMENT ADS, PUBLIC SECTOR HR TRNG-BLAI 14.00 EXPRESS SHIPPING 10.91 HERITAGE CENTER SUPPLIES 253.88 LEAGUE OF CA CITIES VIRTUAL CONF REG-JOSEY 587.89 OFFICE SUPPLIES 63.48 POLICE EVIDENCE SUPPLIES 1,041.00 POLICE EVIDENCE TOW AND STORAGE 2,724.67 POLICE SUPPLIES 529.80 PRESCHOOL SUPPLIES 1,000.00 PUBLIC ART PASSPORT CHALLENCF fAMF I IfFNSF Payment Issuance Report for August 2020 [Revision 1] (Payment Issuance Report for Aug 2020) Packet Pg. 70 4.4.a Print Date: 09/01/2020 Page 3 of 9 Date Issued Payee City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 Check Total: 08/07/2020 US BANK - PARS 08/07/2020 WAGEWORKS, INC. Payments Issued 8/7/2020 Total: 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 ALAMEDA CO SURPLUS PROP AUTHOR ALAMEDA COUNTY ENVIRONMENTAL ALAMEDA COUNTY WASTE MGMT AUTH ARLEN NESS ENTERPRISE ASSOCIATED ENGINEERING AT&T - CALNET 3 Check Total: BIG O'TIRES #7 BIKE EAST BAY BKF ENGINEERS BRINKS, INC. BSK ASSOCIATES INC. CAL ENGINEERING & GEOLOGY INC CONSILIANT TECHNOLOGIES LLC CONTINENTAL ELECTRIC CONTRACT SWEEPING SERVICES CSW/STUBER-STROEH ENGINEERING DSRSD EOA, INC. EVERYTHING GROWS INTERIOR Check Total: 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 ICLEI-LOCAL GOVERNMENTS JAM SERVICES INC LEHR AUTO MARK THOMAS & COMPANY, INC. MNS ENGINEERS, INC. Check Total: 08/10/2020 NELSON, NANCY 08/10/2020 PSOMAS 08/10/2020 PUBLIC BENEFIT TECHNOLOGY Amount Description -1,550.00 REFUND FOR HR CONFERENCE- A. SMITH 1,045.00 REGIONAL GOVT SVCS MGMT CLSS REG-5 ATTEND 1,602.77 RE -USABLE DUBLIN FACE MASKS 1,247.92 SENIOR CENTER SHELTER -IN -PLACE SUPPLIES 2,028.74 SUMMER CAMP SUPPLIES 1,669.00 TEAMS CALL BRIDGE LICENCES 1,103.38 THE WAVE FACE MASKS AND FIRST AID MASKS/VAL 704.80 TOTE BAGS FOR PCS PUBLIC ART CHALLENGE 18,123.64 2,869.95 PARS: PE 7/31/20 3,863.39 WAGEWORKS: PE 7/31/20 206,896.85 61,742.94 834.00 3,339.00 440.87 1,368.00 BART GARAGE FEES COLLECTED FY19-20 PUBLIC SAFETY COMPLEX HAZMAT FILING FEE REGIONAL MEDIA CAMPAIGN FY 19/20 USED OIL POLICE VEHICLE MAINTENANCE - 19M73 INSPECTION SERVICES -CLOVER PARK APR 2020 293.05 SERVICE TO 07/26/2020 129.91 SERVICE TO 07/27/2020 422.96 258.85 POLICE VEHICLE MAINTENANCE & REPAIR 2,500.00 BIKE TO WORK DAY 2020 BRONZE SPONSORSHIP 4,573.00 TASSAJARA RD GAP CLOSURE PROJECT 192.54 ARMORED CAR SERVICE JUL 2020 350.00 INSPECTION/MATERIALS TESTING -PARKS WAYFINC 15,559.13 ENGINEERING SERVICES APR 2020 118,704.50 PD SITUATIONAL AWARENESS CAMERAS & SOFTW, 70,520.00 INSTALL AUTOMATED LICENSE PLATE READERS 20,908.34 STREET SWEEPING SERVICES JUL 2020 3,200.00 ENGINEERING SVCS MAINT CORP YARD IMPROV PF 11,011.36 SERVICE TO 7/14/2020 1,107.01 TRASH ASSESSMENTS & MAPPING CONSULTING S\ 198.55 PLANT SERVICES AUG 2020 198.55 PLANT SERVICES JUL 2020 397.10 1,200.00 LOCAL GOV'T FOR SUSTAINABILITY CITY DUES 982.26 TRAFFIC SIGNAL EQUIPMENT 11, 250.00 2,565.00 16, 310.00 INVESTIGATIVE DATA PLATFORM ANNUAL LICENSE IRON HORSE TRAIL CROSSING DESIGN SVCS JUN 2 ENGINEERING SERVICES JUN 2020 8,917.50 INSPECTION SVCS-IMAGINE PLAYGROUND JUN 202 25,227.50 60.00 REIMBURSEMENT FOR ADMIN PROF DAY SUPPLIES 775.00 GIS PORTAL DEVELOPMENT SERVICES 395.00 CITY COUNCIL MEETING VIDEO SVCS APR 2020 429.00 CITY COUNCIL MEETING VIDEO SVCS FEB 2020 380.00 CITY COUNCIL MEETING VIDEO SVCS JUN 2020 229.00 CITY COUNCIL MEETING VIDEO SVCS MAR 2020 Attachment: 1. Packet Pg. 71 4.4.a Print Date: 09/01/2020 Page 4 of 9 Date Issued Payee City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 Check Total: 08/10/2020 SCULPTURAL SOLUTIONS INC. 08/10/2020 SELECT IMAGING 08/10/2020 SHAMROCK OFFICE SOLUTIONS, LLC 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/10/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 SIMPLER SYSTEMS, INC SOLARWINDS, INC. TARE, MANASI T-MOBILE USA, INC. TREASURER ALAMEDA COUNTY Check Total: Check Total: U.S. BANK ULINE, INC. WHITE, JOHN ZUMWALT ENGINEERING GROUP Payments Issued 8/10/2020 Total: 4LEAF INC. ABAG PLAN CORPORATION ALAMEDA COUNTY TRANSPORTATION AT&T Check Total: AT&T - CALNET 3 BIG O'TIRES #7 BILL RUSSELL DESIGN BPXPRESS BRINKS, INC. CASTRO VALLEY PERFORMING ARTS CENTENO, CAMILLE CHANDLER ASSET MANAGEMENT CLARK, VANDEE COGENT COMMUNICATIONS, INC COMMUNICATION ACADEMY COPWARE, INC CORDER, SR., ROBERT ANDREW CRANFORD, ROBIN DU -ALL SAFETY, LLC DUBLIN CHEVROLET DUTCHOVER & ASSOCIATES EMPOWER MARTIAL ARTS EVERPRO KIDS EZBERCI, YASEMIN FRANCISCO & ASSOCIATES, INC. Amount Description 385.00 CITY COUNCIL MEETING VIDEO SVCS MAY 2020 1,818.00 100,000.00 VETERANS ART AT DON BIDDLE COMMUNITY PARK 29.65 EMPLOYEE NAMEPLATES - MOORE 1,910.99 COPIER MAINTENANCE AUG 2020 1,910.99 COPIER MAINTENANCE JUL 2020 914.11 PRINTER OVERAGES APR-JUN 2020 27.32 PRINTER SUPPLIES 4,763.41 1,500.00 SOFTWARE LICENSING SUPPORT JUL 2020 5,348.10 SOLARWINDS ANNUAL SOFTWARE MAINTENANCE 325.00 SPECIAL EVENTS PERMIT REFUND 476.87 CELL PHONE SERVICES JUL 2020 6,978.86 ANIMAL CONTROL FIELD SERVICES APR-JUN 2020 55,630.22 62,609.08 1,500.00 4,067.62 1,750.00 2,580.00 546,257.09 EAST COUNTY ANIMAL SHELTER SVCS APR-JUN 20: c E CFD 2015-1 TRUSTEE FEES FY20-21 TRASH PICKERS FOR DEBRIS CLEAN-UP REPLENISH POLICE SERVICES PETTY CASH PLAN REVIEW SVCS-FALLON SPORTS PARK APR 20 420.00 ENGINEERING SERVICES JUN 2020 15,151.00 ABAG MEMBERSHIP DUES FY 20-21 32,769.00 MEMBER AGENCY FEES FY20-21 427.07 PSC INTERNET/PHONE SVC TO 08/10/20 3,560.36 PUBLIC SAFETY COMPLEX DATA SERVICES 50.04 SERVICE FOR TOLL FREE NUMBER 4,037.47 122.20 SERVICE TO 08/01/2020 605.85 POLICE VEHICLE TIRES & MAINTENANCE 1,000.00 UTILITY BOX ART 2020 1,248.47 PLANS SCANNING FOR PUBLIC SAFETY COMPLEX 192.54 ARMORED CAR SERVICE AUG 2020 336.00 REC CLASS INSTRUCTOR 9.89 MILEAGE REIMBURSEMENT JUL 2020 12,352.38 25.00 2,219.00 682.50 85.00 1,000.00 480.00 580.00 1,281.66 1,290.00 228.90 INVESTMENT SERVICES JUL 2020 SENIOR CENTER RENTAL DEPOSIT REFUND CIVIC CENTER INTERNET SERVICE AUG 2020 REC CLASS INSTRUCTOR 2021 LEGAL SOURCEBOOK RENEWAL UTILITY BOX ART 2020 REC CLASS INSTRUCTOR SAFETY CONSULTING & INSPECTION SVCS JUN 202 POLICE VEHICLE MAINTENANCE & REPAIR LANDSCAPE PLAN CHECKS & INSPECTIONS JUL 20 REC CLASS INSTRUCTOR 252.00 REC CLASS INSTRUCTOR 1,000.00 UTILITY BOX ART 2020 24,494.28 ADMIN & AUDIT SVCS - CFD 2015-1 IMPROV AREA 13,457.25 ADMIN/AUDIT FOR VARIOUS CITY 1SSFSSMFNT Packet Pg. 72 a 11 0 0 N O N uJ D) 0 t 0 0. 0 c) N 0 E 0 d Attachment: 1. 4.4.a Print Date: 09/01/2020 Page 5 of 9 Date Issued Payee 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 FUENTES, CHANELLE IRON MOUNTAIN LAW OFFICE OF VINCENT LIVERMORE AUTO GROUP MCE CORPORATION MEYERS NAVE OFFICE TEAM PARKWAY BODY SHOP PG&E 08/17/2020 RAYNE OF SAN JOSE 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/17/2020 08/18/2020 08/18/2020 08/18/2020 08/18/2020 City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 Check Total: Check Total: Check Total: REDWOOD TOXICOLOGY LAB. INC. SALCIDO, MAIDA SELECT IMAGING Check Total: SEVILLE BRIGGS LLP SIMPLER SYSTEMS, INC STONERIDGE CHRYSLER JEEP DODGE SWINERTON MANAGEMENT TELLART, LLC. THE UPS STORE 6449 TREASURER, COUNTY OF ALAMEDA WEE HOOP, INC. WEISS, ROBIN S. WILLS, MATTHEW ZHOU, CINDY ZUMWALT ENGINEERING GROUP Payments Issued 8/17/2020 Total: ACTIVE NETWORKS, LLC DELTA DENTAL OF CALIFORNIA UNUM LIFE INS CO OF AMERICA VISION SERVICE PLAN - (CA) Payments Issued 8/18/2020 Total: 08/19/2020 MAKHIJA, APNEET Payments Issued 8/19/2020 Total: 08/21/2020 08/21/2020 08/21/2020 08/21/2020 08/21/2020 CAL PERS EMPLOYMENT DEVELOPMENT DEPT ICMA 401 PLAN ICMA457PLAN INTERNAL REVENUE SERVICE Amount Description 37,951.53 500.00 HERITAGE BARN RENTAL DEPOSIT REFUND 394.70 POLICE RECORDS STORAGE - AUG 2020 8,623.58 ASSET SEIZURE FUND DISBURSEMENT 224.38 POLICE VEHICLE MAINTENANCE & REPAIR 416,143.04 BUILDING MAINTENANCE JUN 2020 80,458.98 LEGAL SERVICES JUN 2020 1,175.53 TEMPORARY CLERICAL SUPPORT -RECORDS 1,515.86 POLICE VEHICLE REPAIR - D35 118.28 SERVICE TO 07/27/2020 1,217.55 SERVICE TO 07/28/2020 3,133.84 SERVICE TO 07/29/2020 8,900.55 SERVICE TO 07/30/2020 13,370.22 328.94 WATER SOFTENER SERVICES FIRE STATION 16 184.75 WATER SOFTENER SERVICES FIRE STATION 17 276.88 WATER SOFTENER SERVICES FIRE STATION 18 790.57 1,069.00 FORENSIC DRUG AND ALCOHOL EXAMS 750.00 HERITAGE BARN RENTAL DEPOSIT REFUND 4,568.41 BUS. LICENSE RENEWAL PRINTING & MAILING 23.54 EMPLOYEE NAME PLATES- JACKMAN 4,591.95 13,959.45 ASSET SEIZURE FUND DISBURSEMENT 1,500.00 SOFTWARE LICENSING SUPPORT AUG 2020 3,202.64 POLICE VEHICLE MAINTENCE & REPAIR 10,710.00 PROJ MGMT CIVIC CTR HVAC/ROOF PRE-CONSTRU 5,000.00 DOUGHERTY HILLS DOG PARK PUBLIC ART 350.00 LIVE SCAN SERVICES 9,100.00 ASSET SEIZURE FUNDS DISBURSEMENT 112.00 REC CLASS INSTRUCTOR 14.00 REC CLASS INSTRUCTOR 1,000.00 UTILITY BOX ART 2020 1,000.00 UTILITY BOX ART 2020 24,395.00 ENGINEERING SERVICES MAY 2020 715,271.29 85,251.65 PARKS & COMMUNITY SVCS PRGRM CANCELLATIOI 12,518.74 DELTA DENTAL PREMIUM - AUG 2020 11,957.76 LIFE AND AD&D PREMIUM - AUG 2020 2,184.27 VISION INSURANCE PREMIUM - AUG 2020 111,912.42 258.00 REC CLASS REFUND 258.00 77,962.01 PERS RETIREMENT PLAN: PE 8/14/20 18,020.82 CA STATE WITHHOLDING: PE 8/14/20 1,601.28 DEFERRED COMP 401A: PE 8/14/20 25,432.09 DEFERRED COMP 457: PE 8/14/20 55,387.46 FEDERAL WITHHOLDING: PE 8/14/1 Attachment: 1. Payment Issuance Report for August 2020 [Revision 1] (Payment Issuance Report for Aug 2020) Packet Pg. 73 4.4.a Print Date: 09/01/2020 Page 6 of 9 Date Issued 08/21/2020 08/21/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 Payee City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 US BANK - PARS WAGEWORKS, INC. Payments Issued 8/21/2020 Total: ACCURACY INTERNATIONAL ADVANCED MOBILITY GROUP ALAMEDA CO SURPLUS PROP AUTHOR ALAMEDA COUNTY FIRE DEPARTMENT AMP PRINTING, INC. AMY'S ENGRAVED SIGNS & AWARDS AT&T - CALNET 3 BAY AREA NEWS GROUP BIG O'TIRES #7 CINTAS CORP CODE PUBLISHING COMPANY COMCAST DLT SOLUTIONS LLC DU -ALL SAFETY, LLC ECS IMAGING INC. FIRST STREET TOW GOLDEN BAY CONSTRUCTION, INC. KNORR SYSTEMS, INC. KOLB ELEMENTARY SCHOOL PC LANGUAGE LINE SERVICES LANLOGIC INC. MANAGEMENT PARTNERS INC. M-GROUP NATIONAL LEAGUE OF CITIES OFFICE TEAM ONE WORKPLACE L. FERRARI LLC PG&E 08/24/2020 PHOENIX GROUP INFO SYS. 08/24/2020 ROTARY CLUB OF DUBLIN, CA 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 Check Total: Check Total: Check Total: RUIZ, DEBBIE SPECIFIED PLAY EQUIPMENT CO STONERIDGE CHRYSLER JEEP DODGE SUAREZ & MUNOZ CONSTRUCTION TPX COMMUNICATIONS Amount Description 1,796.26 PARS: PE 8/14/20 3,863.39 WAGEWORKS: PE 8/14/20 184,063.31 500.00 3,190.00 75,333.64 1,202,936.08 60.62 322.07 1,190.10 1,072.46 55.72 259.18 1,762.50 2,300.00 2,811.60 3,190.00 8,922.90 450.00 32,141.90 2,180.12 2,000.00 9.50 4,559.00 1,050.00 425.00 6,034.00 522.50 5,325.00 4,002.00 940.42 128.21 59.29 20,401.58 1,476.31 21, 937.18 307.00 300.00 300.00 360.00 300.00 300.00 300.00 1,860.00 500.00 138,192.56 1,529.61 113,887.33 2,971.00 ELECTION NOTICE TRANSLATIONS TRAFFIC SIGNAL SYSTEMS ONGOING SUPPORT REIMB TASSAJARA INTERCHANGE ADVANCE COST FIRE SERVICES AUG 2020 BUSINESS CARDS-BAXLEY ADA FRAME WALL NAMEPLATES SERVICE TO 08/12/2020 PLANNING LEGAL NOTICES POLICE VEHICLE TIRES & MAINTENANCE FIRST AID KIT SUPPLIES MUNICIPAL ZONING CODE UPDATES CIVIC CENTER & FIRE STATION INTERNET SERVICE CAD ANNUAL SOFTWARE MAINTENANCE FY20-21 SAFETY CONSULTING & INSPECTION SVCS MAY 20: DOCUMENT SCANNING SERVICES POLICE EVIDENCE TOW RETENTION RELEASE-PED IMPROV AVB/STAGECO/ THE WAVE POOL CHEMICALS DISCRETIONARY GRANT AWARD FY20-21 LANGUAGE LINE SERVICES JUL 2020 INFORMATION SYSTEMS CONSULTING SVCS MALWARE SOFTWARE JUL 2020 NETWORK MONITORING SERVICES JUL 2020 EXECUTIVE COACHING SERVICES PLANNING SERVICES JUL 2020 NATIONAL LEAGUE OF CITIES DUES FY20-21 TEMPORARY CLERICAL SUPPORT -RECORDS OFFICE FURNITURE - DESK PANEL SERVICE TO 08/04/2020 SERVICE TO 08/05/2020 SERVICE TO 08/06/2020 PARKING CITATION PROCESSING - JUL 2020 ANNUAL ROTARY DUES FY20-21 - HAUBERT ANNUAL ROTARY DUES FY20-21 - HERNANDEZ ANNUAL ROTARY DUES FY20-21 - JOSEY ANNUAL ROTARY DUES FY20-21 - KUMAGAI ANNUAL ROTARY DUES FY20-21 - TRIBBY ANNUAL ROTARY DUES FY20-21- L. SMITH SENIOR CENTER RENTAL DEPOSIT REFUND IMAGINE PLAYGROUND EQUIPMENT/CONSTRUCTIC POLICE VEHICLE MAINTENCE & REPAIR IMAGINE PLAYGROUND CONSTRUCTION PROJECT INTERNET & PHONE SVCS TO 09/08/20 Attachment: 1. Packet Pg. 74 4.4.a Print Date: 09/01/2020 Page 7 of 9 Date Issued Payee 08/24/2020 08/24/2020 08/24/2020 08/24/2020 08/24/2020 City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 TRB AND ASSOCIATES, INC. TREASURER ALAMEDA COUNTY TRI-VALLEY COMMUNITY TV URBAN SUSTAINABILITY VERIZON WIRELESS Check Total: 08/24/2020 WC3-WEST COAST CODE CONSULTANT Payments Issued 8/24/2020 Total: 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 RETIREES ALEX, ROSEMARY AMAYA, BRIDGET ASH, RICH BAKER, JEFF BAKSA, JAY BAXLEY, DEAN BERGDOLL, JIM BLANCO, ROEL BOITNOTT, MICHAEL BORJON, LAURA BRIGGS, VERONICA BUTLER, LA SHAWN CAIRES, SANDRA CARMAN, STEPHANIE ANN CARTER, JULIE CASS, MICHAEL CENTENO, CAMILLE CHILKOTOWSKY, SHAUN M CHING, ERWIN CLEVENGER, MARISSA DETERMAN, EMILY DHADWAL, RENUKA DIAZ, DANIELLE EISLER, TIMOTHY ELLIOTT, ELIZABETH FABRIGAS, CIERRA L. FRANKLIN, RHONDA GARTNER, ALESHA HANCHER, EVAN HANNA, MEAGAN C. HATZIKOKOLAKIS, JACQUI HISATOMI, LISA IARLA, SUZANNE JACKMAN, SHARLENE JAMES, NATHAN JAMMAL, LAURA JOCHNER, RICH KLOSS, DAVID A. KOCH, ASHLEY KWON, OHSUNG Amount Description 8,032.50 PLAN CHECK SERVICES- JUL 2020 1,537.00 PARKING CITATIONS COLLECTED - JUL 2020 638.02 RECORD/TELEVISE CITY COUNCIL & PLNG COMM 1,500.00 URBAN SUSTAINABILITY 2021 MEMBER DUES 2,064.74 POLICE CELLPHONE SERVICE JUL 2020 1,672.44 POLICE SITCAM SERVICE JUL 2020 3,737.18 3,780.00 PLAN CHECK SERVICES JUL 2020 1,658,049.90 185,299.04 REIMBURSE RETIREE MEDICAL OCT- DEC 2020 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 75.00 TECH REIMB DURING COVID-19 SIP 7/17-8/16 Attachment: 1. Packet Pg. 75 4.4.a Print Date: 09/01/2020 Page 8 of 9 Date Issued Payee 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 08/25/2020 City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 LI MARZI, JENNIFER LI, CARY MARRIOTT, LAUREN MCDONALD, LOWELL DEAN MEIN, STEPHANIE MENDEZ, ANDREA MENDEZ, JENNIFER MIDIDIDDI, SAI MOORE, MARSHA MOYA, CARLOS MUTHER, DANIELLE NELSON, ANASTASIA NELSON, NANCY NORTON, AMY PADUA, SERRIE PARNES, REBECCA PHILLIPS, TYLER PRASAD, AACHAL PURECO, NELSON RAMIREZ, DORA RHOADES, CHRISTOPHER RUSSELL, ANDREW SHREEVE, GREGORY SIU, HENRY SMITH, ANGELICA SMITH, ROBERT SOLIS, LISA STATZELL, ERIK STEFANSKI, JOHN STONE, ROBERT SUCGANG, LAURIE THRELKELD, JEFF TJENG, YULIANA TORRES, TARALYN TRIBBY, COLLEEN VONG, KAREN VAY MAN WANZENRIED, NICOLE WEBER, DANIEL WELLS, CATHY WETHERFORD, HAZEL WHEELER, KRISTIE WINDSOR, STEVE WOLFENBERGER, KATIE WONG, ANNE YIP, KA WUN YOUNG, SHANNAN Payments Issued 8/25/2020 Total: 08/31/2020 AT&T Check Total: Amount Description 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 191,749.04 TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB TECH REIMB DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 DURING COVID-19 SIP 7/17-8/16 427.07 PSC INTERNET/PHONE SVC TO 09/10/20 50.04 SERVICE FOR TOLL FREE NUMBER TO 9/10/20 477.11 Attachment: 1. Packet Pg. 76 4.4.a Print Date: 09/01/2020 Page 9 of 9 Date Issued 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 Payee City of Dublin Payment Issuance Report Payments Dated 8/1/2020 through 8/31/2020 AT&T - CALNET 3 BAY AREA AIR QUALITY MGMT DIST BAY AREA NEWS GROUP BCCI CONSTRUCTION BKF ENGINEERS CONVERGEONE, INC. ECAM SECURE INC FEDEX HARRIS & ASSOCIATES IRON MOUNTAIN JAGTAP, ACHYUT KITTELSON & ASSOCIATES, INC. PAKPOUR CONSULTING GROUP, INC. 08/31/2020 PG&E 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 08/31/2020 RRM DESIGN GROUP, A CA CORP SELECT IMAGING TREASURER ALAMEDA COUNTY TRIBBY, COLLEEN Check Total: Check Total: Check Total: TRI-SIGNAL INTEGRATION INC WILKINSON, GRACE Payments Issued 8/31/2020 Total: Amount Description 494.86 SERVICE TO 08/14/2020 604.00 ANNUAL GENERATOR PERMIT RENEWAL PSC 443.92 LEGAL ADS FOR PUBLIC WORKS 210,315.70 REFUND OF CASH COMPLETION BOND 15,629.50 TASSAJARA RD GAP CLOSURE PROJECT 21,254.64 CISCO SMARTNET ANNUAL MAINTENANCE 5,820.00 EAGLE CAM ANNUAL MAINTENANCE 45.79 EXPRESS SHIPPING 34,972.50 2020 SLURRY SEAL PROJECT 218.58 ACAP RECORDS STORAGE AUG 2020 1,279.90 PRESCHOOL REFUND 8,777.00 CITYWIDE BIKE/PED MASTER PLAN UPDATE 5,767.50 2019 SLURRY SEAL PROJECT MANAGEMENT 3,982.50 PROJECT MANAGEMENT -DON BIDDLE PARK 7,611.00 PROJECT MANAGEMENT -IMAGINE PLAYGROUND 17,361.00 3,174.87 115.28 50.51 7,120.68 10,433.57 87.72 2,092.21 424.28 2,823.09 SERVICE TO 07/23/2020 SERVICE TO 07/24/2020 SERVICE TO 07/29/2020 SERVICE TO 08/03/2020 SERVICE TO 08/06/2020 SERVICE TO 08/10/2020 SERVICE TO 08/11/2020 SERVICE TO 08/12/2020 SERVICE TO 08/13/2020 121.38 SERVICE TO 08/14/2020 26,443.59 4,088.75 LANDSCAPE PLAN CHECK & INSPECTION SVCS 230.60 STORMWATER FACILITY INSPECTION REPORTS 3,984,598.50 POLICE SERVICES 04/19/20-06/27/20 370.60 REIMB CSMFO ANNUAL CONF EXPENSE-TRIBBY 56.98 REIMBURSEMENT FOR MEETING SUPPLIES 427.58 323.75 QUARTERLY FIRE ALARM TESTING - LIBRARY 750.00 SHANNON CENTER SECURITY DEPOSIT REFUND 4,334,557.27 Grand Total for Payments Dated 8/1/2020 through 8/31/2020: 11,018,465.80 Total Number of Payments Issued: 379 Attachment: 1. Packet Pg. 77 4.5 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City's Conflict of Interest Code Prepared by: Jordyn Bishop, City Attorney's Office EXECUTIVE SUMMARY: At the June 2, 2020 meeting, the City Council directed Staff to review the City's Conflict of Interest Code and make a determination by October 1, 2020, if there is a need to amend the Conflict of Interest Code. Staff conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. The City Council will consider introducing the Ordinance to update the Conflict of Interest Code. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an 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 2020 Local Agency Biennial Notice with the Fair Political Practice Commission ("FPPC"). FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act prohibits certain public officials from being involved in decision - making that will have an impact on their private financial interests. In addition, it requires certain public officials to file a Statement of Economic Interests publicly disclosing their private financial interests. The Act also makes the City responsible for adopting a Conflict of Interest Code identifying those positions that must file Statements of Economic Interest. The Act requires the City to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Cal. Gov't Code § 87306.5). The Page 1 of 3 Packet Pg. 78 4.5 City's Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The 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. The last amendments to the City's Code were adopted in September 2018. 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. (See Cal. Gov't 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 titled, "Designated Positions," to add five City positions that have been determined by Staff to "make or participate in the making of governmental decisions." These positions (and accompanying disclosure categories) are: a. City Clerk (disclosure category 3) b. Communications Manager (disclosure category 1) c. Human Resources Manager (disclosure category 3) d. Economic Development Director (disclosure category 1) e. Finance Analyst (disclosure category 1) 2. Amend Section 2.24.020 of the Conflict of Interest Code titled, "Designated Positions," to delete one City position that has been eliminated. a. Senior Plan Checker (deleted via Resolution No. 47-12) The City's amended code will not be effective until it has been adopted by the City Council. (See Cal. Gov.'t 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 2020 Local Agency Biennial Notice with the FPPC. STRATEGIC PLAN INITIATIVE: None. Page2of3 Packet Pg. 79 4.5 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code 2. 2020 Local Agency Biennial Notice 3. California Government Code 82011(c), 87306.5 : Linda S�riith, City anage'r 914/2020 Page3of3 Packet Pg. 80 4.5.a ORDINANCE NO. XX-20 AN ORDINANCE 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 located 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 hereby ordain as follows: Section 1. Chapter 2.24.020 is amended to read as follows: Designated Position Disclosure Category Administrative Services Director/Director of Finance 3 Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Administrative Services/Budget 3 Assistant Director of Community Development 1 Assistant Director of Parks & Community Services 2,3 Associate Civil Engineer 1 Capital Improvement Program (CIP) Manager 1 Chief Building Official 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 Attachment: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code (COI Update) Packet Pg. 81 4.5.a Economic Development Director/Public Information Officer 1 Environmental Coordinator 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 Parks & Community Services Director 1 Plan Check Engineer 1 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works Maintenance Superintendent 1 Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2,3 Senior Management Analyst 3 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Planner 1 Special Projects Manager 1 Senior Public Works Inspector 1 Section 2. 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 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Attachment: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code (COI Update) Packet Pg. 82 4.5.a PASSED, APPROVED AND ADOPTED this 6th day of October 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code (COI Update) Packet Pg. 83 4.5.b 2020 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): O 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) 0 The code is currently under review by the code reviewing body. O 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 1, 2020, 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) r r1 of 1 Packet Pg. 84 Attachment: 2. 2020 Local Agency Biennial Notice (COI Update) r LEGISLATIVE INFORMATION 4.5.c Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: Select Code u Section: 1 or 2 or 1001 Search Up^ « Previous Next » cross-reference chaptered bills PDF 1 Add To My Favorites Search Phrase: I Highlight GOVERNMENT CODE - GOV TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) CHAPTER 7. Conflicts of Interest [87100 - 87505] ( Chapter 7 added June 4, 1974, by initiative Proposition 9. ) ARTICLE 3. Conflict of Interest Codes [87300 - 87314] (Article 3 added June 4, 1974, by initiative Proposition 9. ) 87306.5. (a) No later than July 1 of each even -numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body. (b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year. (Added by Stats. 1990, Ch. 1075, Sec. 5.) Attachment: 3. California Government Code 82011(c), 87306.5 (COI Update) Packet Pg. 85 4.6 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity with The Hungry Flower, LLC Doing Business as Mimi's Chocolates, Tralee Village, LLC, and Dublin San Ramon Services District Prepared by: Suzanne larla, Management Analyst 11 EXECUTIVE SUMMARY: The City Council will consider approving the re -allocation of sewer capacity rights for The Hungry Flower, LLC doing business as Mimi's Chocolates (applicant), Tralee Village, LLC, and Dublin San Ramon Services District to help offset the cost of sewer fees. The applicant is opening a new confectionary shop and cafe at Tralee Village, located at 6601 Dublin Blvd, Suite N. STAFF RECOMMENDATION: Approve the Resolution Approving an Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights with The Hungry Flower, LLC Doing Business as Mimi's Chocolates (applicant), Tralee Village, LLC, and Dublin San Ramon Services District to Help Offset the Cost of Sewer Fees. FINANCIAL IMPACT: The proposed Agreement provides a credit in the form of residential discharge unit equivalencies (DUE) to help offset the cost of local and regional wastewater fees charged by Dublin San Ramon Services District in the amount of 0.32 DUEs to the applicant. These credits are available through the City's Sewer Capacity Assistance Program. DESCRIPTION: On May 4, 2010, the City Council adopted Resolution 53-10 approving a Letter Agreement with the Dublin San Ramon Services District (DSRSD) for the Administration of Unused Sewer Capacity for the City of Dublin. Commonly referred to as the Sewer Capacity Assistance Program, the Program allows the City to market its excess sewer capacity as an economic development incentive program to help stimulate economic growth in the community. The Program is designed Page 1 of 3 Packet Pg. 86 4.6 to support large and small businesses and encourage the recruitment, renovation, or re- use of properties in Dublin. The Program allows the City to provide a credit of the DSRSD sewer connection fees that would otherwise be paid by the applicant. The Program currently has approximately 22 residential dwelling unit equivalency (DUEs) credits, however 18 DUEs are set aside with the preference for use in the Retail District of the Downtown Dublin Specific Plan area. The Program sunsets on June 30, 2025. The Program currently uses the following criteria (set forth in Resolution 161-14, approved on September 16, 2014) regarding the percentage of DUE assistance available per user type and square footage of the participating business: User Type Citywide Fine Dining Greater than 5,000 sf - 50% Between 3,500 and 5,000 sf - 75% Less than 3,500 sf - 100% Casual Dining (excluding fast food) Greater than 5,000 sf - 25% Between 3,500 and 5,000 sf - 50% Less than 3,500 sf - 75% Specialty Food (Coffee, Deli, Bakery, etc.) Greater than 5,000 sf - 50% ° Between 3,500 and 5,000 sf - 75 /o Less than 3,500 sf - 100% Entertainment/Nightlife (Wine Bars/Taprooms, etc.) Greater than 5,000 sf - 50% ° Between 3,500 and 5,000 sf - 75 /° Less than 3,500 sf - 100% In August 2020, Staff received a request to participate in the Program from the owner of Mimi's Chocolates for their new retail space at 6601 Dublin Blvd, Suite N in Tralee Village. Mimi's Chocolates is a Tri-Valley business that has been in operation since 2016. Their customer base has grown significantly through the years by word of mouth, social media, and quarterly pop -ups at Nordstrom in Stoneridge Mall. The applicant is requesting 0.32 DUEs. The fee estimate from DSRSD for the regional and local sewer connection fees is approximately $10,900 and a credit of 0.32 DUEs would reduce the fees by approximately $5,600. The applicant did not anticipate the high cost of sewer connection fees; in addition, Staff is aware that the business has suffered economic hardship caused by the current COVID-19 pandemic, and that a recent flood caused by a leak in an upstairs apartment has increased the applicant's expenses to open the confectionary shop and cafe. The owner has indicated that without assistance from the City's Program, Mimi's Chocolates is in jeopardy of not being able to open their first brick and mortar store. Mimi's Chocolates is considered a "Specialty Food" type with a retail space of approximately 900 square feet, so the business would be eligible for 100% DUE credit if accepted in the Program. Staff believes that the investment of sewer capacity to support this unique confectionary shop and cafe will further assist in the City's economic Page2of3 Packet Pg. 87 4.6 development efforts to bring high quality retail and restaurants to the Dublin community. Staff presented the request to the Economic Development Committee on August 18, 2020, as Program applications fall under the Committee's purview to provide policy guidance and direction on economic development activities. The Committee was unanimously supportive in recommending that the City Council support the request. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1. Resolution Approving an Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity with The Hungry Flower, LLC, Tralee Village, LLC and Dublin San Ramon Services District 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights indath, City Nranager 9/4/2020 Page 3 of 3 Packet Pg. 88 4.6.a RESOLUTION NO. XX — 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AGREEMENT PERMITTING RE -ALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY RIGHTS WITH THE HUNGRY FLOWER, LLC DOING BUSINESS AS MIMI'S CHOCOLATES, TRALEE VILLAGE, LLC, AND DUBLIN SAN RAMON SERVICES DISTRICT TO HELP OFFSET THE COST OF SEWER FEES WHEREAS, state and local governments use economic development incentives to attract or retain jobs and/or improve the local tax base; and WHEREAS, on May 4, 2010, the City Council adopted Resolution 53-10 approving a Letter Agreement with Dublin San Ramon Services District for the administration of unused City of Dublin sewer capacity and the creation of a city-wide Sewer Capacity Assistance Program to support businesses that require new or additional sewer capacity; and WHEREAS, the District's Board of Directors adopted Resolution 9-10 approving refunding unused sewer capacity to the City in accordance with District Code Section 7.2.12.B, and Resolution 14-10 approving and expanding the administrative procedure to reallocate unused sewer capacity to the City as authorized by Resolution N9-10 to include residential units in accordance with District Code Section 7.2.12.B; and WHEREAS, the City Council subsequently amended the Program through adopted Resolution 67-13 on May 21, 2013, adopted Resolution 33-14 on March 18, 2014, adopted Resolution 161-14 on September 16, 2014, and Resolution 34-19 on April 16, 2019; and WHEREAS, a new business, The Hungry Flower, LLC doing business as Mimi's Chocolates (Applicant) has leased space at 6601 Dublin Blvd, Suite N, in Dublin, CA 94568 (A.P.N. 941-2831-003, Tralee Village) and has requested to participate in the Program in order to support the opening of their new confectionary shop and cafe; and WHEREAS, the City Council finds that this Agreement serves a public purpose in that increased revenues received from both sales tax revenue that it may not otherwise receive, and from the increase in the property taxes as a result of improvements to the property benefit the City and its residents; and WHEREAS, the City Council further finds that the City and its residents may also benefit from the creation of new jobs in the City that will occur when a new business is established, or an existing business is expanded. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve an Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights with The Hungry Flower, LLC doing business as Mimi's Chocolates, Tralee Village, LLC, and Dublin San Ramon Services District. to provide 0.32 Residential Discharge Equivalencies to the Applicant. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit A to this Resolution, in substantially the form attached. PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote: Packet Pg. 89 4.6.a AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Packet Pg. 90 4.6.b RECORDING REQUESTED BY: City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's Use AGREEMENT PERMITTING RE -ALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Packet Pg. 91 4.6.b AGREEMENT PERMITTING RE -ALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY RIGHTS This Agreement, made and entered into on September 15, 2020, by and between the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the Counties of Alameda and Contra Costa, California ("District"), CITY OF DUBLIN, a general law city in the County of Alameda ("City"), TRALEE VILLAGE, LLC ("Property Owner") and THE HUNGRY FLOWER, LLC doing business as MIMI'S CHOCOLATES ("Applicant"); WITNESSETH: WHEREAS, on May 4, 2010, the City Council of the City of Dublin adopted Resolution No. 53-10 approving a Letter of Agreement with the District for the administration of unused City of Dublin sewer capacity and the creation of a city-wide Sewer Capacity Assistance Program; and WHEREAS, the District's Board of Directors adopted Resolution No. 9-10 approving refunding unused sewer capacity to the City in accordance with District Code Section 7.2.12.B, and Resolution No. 14-10 approving and expanding the administrative procedure to reallocate unused sewer capacity to the City as authorized by Resolution No. 9-10 to include residential units in accordance with District Code Section 7.2.12.B; and WHEREAS, on May 21, 2013, the City Council of the City of Dublin adopted Resolution No. 67-13 amending the City's Sewer Capacity Assistance Program and Establishing Criteria for Program Implementation; and WHEREAS, the City Council of the City of Dublin subsequently amended the Program through adopted Resolution No. 33-14 on March 18, 2014, adopted Resolution No. 161-14 on September 16, 2014, Resolution No. 34-19 on April 16, 2019; and WHEREAS, Applicant has requested and applied for a Certificate of Capacity Rights from the District to receive service from the District's wastewater facilities; and WHEREAS, City has agreed to allocate City wastewater capacity rights for Applicant's new, expanding, or relocating business (hereinafter, "project" or "Applicant's Project"); and WHEREAS, Owner acknowledges the benefits of using such an allocation to support Applicant's Project, and believes that those benefits outweigh the risk that such an allocation could subsequently be removed from the Owner's Property if Applicant's Project is unsuccessful; and WHEREAS, Owner is therefore willing to agree that if Applicant's Project fails, City may recover the full amount of City's wastewater capacity rights that City has allocated to Applicant's project; and WHEREAS, under the circumstances specified in, and pursuant to the provisions of, Resolution No. 09-10, a portion of City's wastewater capacity rights may be allocated to Applicant's Project pursuant to written agreement in a form approved by the District's Board of Directors; and Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 1 of 8 Packet Pg. 92 4.6.b WHEREAS, City, Owner and Applicant desire to enter into such agreement in the form hereof as heretofore approved by the District's Board of Directors; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. Definitions. The following words and terms as used herein shall have the meanings respectively ascribed thereto except to the extent that any one or more of said definition(s) may from time to time be amended or revised by the District's Board of Directors through amendment of the District Code affecting (and/or renumbering) the provisions referenced below: A. Applicant — hereinabove described. B. Applicant's Project — Mimi's Chocolates, a confectionary shop and specialty cafe, leasing approximately 900 square feet at The Shops at Tralee (APN: 941-2831-003) C. BOD — defined in the District Code, Section 1.20.080, as follows: "BOD (biochemical oxygen demand)" means the quantity of dissolved oxygen utilized in the biochemical oxidation of organic matter measured using the standard laboratory method therefor, usually expressed in milligrams per liter (mg/L). D. Capacity Rights — defined in the District Code, Section 1.20.080, with respects to wastewater connection, as follows: "Capacity rights" means the flow, BOD and suspended solids (SS) capacity purchased by a user upon obtaining a certificate of capacity rights, or, if such data is not available, the average month loadings of a user during some prior calendar year when it can be shown to the satisfaction of the District Engineer that such prior year's average month loadings are more representative of a user's use of the wastewater system. E. Certificate of Capacity Rights — defined in the District Code, Section 1.20.080, as follows: "Certificate of capacity rights" (formerly known as "connection permit" or "sewer permit") means a certificate granted by the District to an applicant reserving capacity sufficient to provide potable and/or recycled water service through a specified number of equivalent 5/8-inch water meters to be provided on the parcel which will be served by the District, or to provide the wastewater capacity in terms of flow and strength allocated to the parcel to be served by the District, or both. F. District — hereinabove defined. G. District Code — the District Code of the Dublin San Ramon Services District, as adopted, and as amended from time to time by the District's Board of Directors. Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 2 of 8 Packet Pg. 93 4.6.b H. Local Wastewater Capacity Fee — defined in the District Code, Section 3.70.010.C.2, as follows: Local wastewater capacity reserve fees for service from and use of the District's wastewater collection system, based on average daily flow proposed to be discharged to the wastewater system, within the area served by the District or a specified portion thereof, as estimated by the District Engineer. I. Non -transferability of certificate of capacity rights — defined in the District Code, Section 3.60.040, as follows: Capacity rights, when a certificate therefor is issued, shall attach to and run with the lot or parcel of land for which the certificate was issued; capacity rights for multiple parcels, including landscaped parcels along roadways, under common ownership and served by a single irrigation water meter shall attach to and run with the parcels of land for which the certificate was issued. The certificate of capacity rights is not transferable except with the land to which it is attached. J. Owner - hereinabove defined. K. Owner's Property — 6601 Dublin Blvd, Suite N, Dublin, CA 94568 Assessor's Parcel No. 941-2831-003 L. Regional Wastewater Capacity Reserve Fee — defined in the District Code, Section 3.70.010.C.1, as follows: Regional wastewater capacity reserve fees for service from and use of the District's regional wastewater treatment plant, as determined by the District Engineer, based on the average daily flow, BOD and SS proposed to be discharged to the wastewater system within the area served by the District or a specified portion thereof as estimated by the District Engineer. M. Residential Discharge Equivalency — as defined herein, as follows: Residential discharge equivalency means a unit of wastewater discharge equal in volume and strength to the discharge of a typical single-family residential user. This shall be 220 gallons per day of flow, 0.42 Ib. per day of BOD, and 0.45 Ib. per day of SS. N. SS — defined in the District Code, Section 1.20.080, as follows: "SS (suspended solids)" means solids, as measured using the standard laboratory method therefor, that are in suspension in wastewater and which are largely removable by laboratory filtration procedures. Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 3 of 8 Packet Pg. 94 4.6.b Notwithstanding any implication to the contrary, this Agreement shall remain in effect despite the revision or repeal of any of the sections of the District Code, including without limitation those referenced above. 2. Allocated Wastewater Capacity Rights. In response to the Applicant's request City shall, subject to the right to terminate set forth in Paragraph 4, allocate Wastewater Capacity Rights to Owner's Property in the amount of 70 gpd (gallons per day) flow, 0.3438 pounds per day BOD and 0.3678 pounds per day SS [or, 0.32 Residential Discharge Equivalencies, as applicable]. Said allocation shall be provided to Applicant as an equivalent portion of credit toward both Regional Wastewater Capacity Reserve Fee and Local Wastewater Capacity Reserve Fee due for Applicant's Project. Said allocation shall become effective upon Applicant's payment of the remainder of fees due and District issuance to Applicant a Certificate of Capacity Rights for Applicant's Project. In recognition of the benefits flowing from the allocation of additional Capacity Rights to Owner's Property as specified in this Agreement, Owner expressly waives the protections that would otherwise be afforded to Owner by the District Code, including without limitation those sections referenced above, to the extent they are determined by the District to be inconsistent with the provisions of this Agreement. 3. Term of Agreement; Effect of Termination. This Agreement shall become effective upon the date first hereinabove written, or the date a lease is executed between the Applicant and Owner, whichever date is later, and shall expire ten (10) years from the date of issuance of a Certificate of Occupancy pertaining to the Applicant's Project located on Owner's Property, unless earlier terminated pursuant to Paragraphs 4 or 6 hereof. If a lease is not executed within six months of the signing of this Agreement, the Agreement shall become null and void. In the event of termination by District pursuant to Paragraph 4 or Paragraph 6 of this Agreement, all rights and privileges of Owner and Applicant hereunder shall cease and terminate, and all Wastewater Capacity Rights allocated pursuant to this Agreement shall forthwith revert to City, and become the property of City, and the Certificate of Capacity Rights issued hereunder shall be amended to reflect the re -allocation to City of all Wastewater Capacity Rights allocated pursuant to this Agreement and the commensurate reduction in Wastewater Capacity Rights allocated to Owner's Property. District or City may, but shall not be required to, record a Notice of Termination against the Owner's Property upon which the Applicant's Project is or was located. Notwithstanding the foregoing, the Wastewater Capacity Rights allocated to Owner's Property by virtue of the Wastewater Capacity Reserve Fees paid by Applicant shall remain allocated to Owner's Property and shall run with such land, subject to the provisions of to the District Code relating to the reduction, expiration, or termination of Sewer Permits and Capacity Rights. 4. Allocation Expressly Conditional on Continuing Operations: During the term of this Agreement, should the City determine that Applicant's Project has ceased operations, all rights and privileges of Owner and Applicant under this Agreement, shall cease and, upon the written request of City, the District may terminate this Agreement upon five (5) days' Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 4 of 8 Packet Pg. 95 4.6.b written notice, whereupon all Wastewater Capacity Rights allocated pursuant to the Certificate of Capacity Rights issued hereunder shall, as specified in Paragraph 3 (Term of Agreement; Effect of Termination), revert to City, and become the property of City. District's right of termination under this Paragraph 4 is in addition to, and separate from, District's right of termination pursuant to Paragraph 6 (Hold Harmless). 5. Non -Assignability. Neither this Agreement, nor any interest herein, may be assigned, conveyed, or in any manner transferred by Owner or Applicant to anyone, including any successor to the Owner (of the Owner's Property) or any successor to the owner of Applicant's Project, or to or by one or more tenants thereof, without the prior written consent thereto signed by the City Manager and the District's General Manager, which consent may be conditioned upon the signature of the successor(s) upon a recordable instrument by which the successor(s) assume(s) all of the rights and obligations of its predecessor under this Agreement, which shall, at the election of either the City of the District, be recorded against the Owner's Property upon which the Applicant's Project is or was located. District and City shall not unreasonably withhold its consent to an assignment to the successive owner(s) of Owner's Property or to the successive owner(s) of Applicant's Project. Notwithstanding the foregoing, no assignment of the Certificate of Capacity Rights issued hereunder, or the Capacity Rights pertaining thereto, shall be made with respect to any other property than Owner's Property hereinabove defined except as specified in Paragraphs 2 or 4 above. 6. Hold Harmless. Applicant shall hold harmless, defend, and indemnify District, its Board of Directors, officers, employees, consultants, and agents from and against any and all claims, suits, causes of action, or other proceedings for damages, injuries, losses, costs (including attorneys' fees and costs of suit or other dispute resolution processes), or any other liability arising out of, or in connection with, the performance, or failure to perform, any of the duties and obligations of Applicant hereunder. The duty to defend shall include provision for all costs and fees, including attorneys' fees, associated with such defense, and the selection of defense counsel for District, its Board, officers, employees, consultants, and agents shall be by District. The duty of Applicant to indemnify District shall include the duty to defend as set forth in California Civil Code Section 2778; provided that nothing herein contained shall require Applicant to defend against claims for a liability excluded under the provisions of California Civil Code Section 2782. 7. Successors. If, and to the extent, approved by the City Manager and the District's General Manager pursuant to Paragraph 5 hereof, entitled Non -Assignability, the duties, responsibilities, and rights pertaining and accruing to the parties hereto, shall run with the land, and be binding upon and inure to the benefit of the successors, administrators, assigns, and transferees of the respective parties hereto, subject to the provisions of to the District Code relating to the reduction, expiration, or termination of Certificate of Capacity Rights and Capacity Rights. Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 5 of 8 Packet Pg. 96 4.6.b 8. Notices. All notices, necessary or convenient to the performance of the parties hereunder, shall be in writing, and may be given to the parties by personal delivery, or by mail, first class (or equivalent) postage prepaid, addressed in the case of District as follows: in the case of District, as follows: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568-3018 Attention: General Manager Telephone: (925) 828-0515 in the case of City, as follows: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Manager Telephone: 925-833-6650 Email: city.manager@dublin.ca.gov in the case of Owner, as follows: Tralee Village, LLC P.O. Box 2053 Dublin, CA 94568 Attention: Tiana Jenkins, COO or Gabriel Chiu, Manager Telephone: 925-997-8881 Email: tianacjenkins@gmail.com and in the case of Applicant, as follows: Mimi's Chocolates 309 Stanforth Court San Ramon, CA 94582 Attention: Mia Fleury Jenkins, Owner Telephone: 510-508-6727 Email: fleury.m@mimischocolates.com 9. Recordation. This Agreement shall be submitted by the District to the County Recorder's Office for the county in which the Owner's Property is located, for recordation in the Official Records thereof, to give notice of the Agreement in the public records. Upon recordation, the terms, conditions and obligations of the Agreement shall run with such land, subject to the provisions of to the District Code relating to the reduction, expiration, or termination of Certificate of Capacity Rights and Capacity Rights. Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 6 of 8 Packet Pg. 97 4.6.b 10. Paragraph Headings. Paragraph headings as used herein are for convenience and shall not be deemed to alter or amend the paragraphs headed thereby. 11. Integration. This Agreement comprises the entire agreement between the parties with respect to the subject matter thereof, and supersedes and replaces any and all prior understandings, oral or written, between the parties. [No further text on this page.] Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 7 of 8 Packet Pg. 98 4.6.b IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and effective as of the date first hereinabove written. [Countersigned as part of the Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights entered into on September 15, 2020] ATTEST: By: Nicole Genzale, District Secretary ATTEST: By: Marsha Moore, City Clerk DUBLIN SAN RAMON SERVICES DISTRICT, a public agency of the State of California By: Daniel McIntyre, General Manager Date: CITY OF DUBLIN, By: Linda Smith, City Manager Date: TRALEE VILLAGE, LLC, By: Tiana Jenkins, COO Date: THE HUNGRY FLOWER, LLC By: Mia Fleury Jenkins, Owner Date: Attachment: 2. Exhibit A to the Resolution - Agreement Permitting Re -Allocation of Regional and Local Sewer Capacity Rights (Sewer Capacity Agreement with Tralee Village, LLC and The Hungry Flower, LLC, dba Mimi's Chocolates Page 8 of 8 Packet Pg. 99 4.7 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of First Amendment to the Dublin Corporate Center Covenants, Conditions, and Restrictions Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving the First Amendment to the Dublin Corporate Center Declaration of Covenants, Conditions, and Restrictions (Park and Ride - Lot 8 of Koll Dublin Corporate Center). The proposed changes establish a parking space license program for private commuter shuttle companies and employers whose employees now utilize the Park and Ride facility, as well as make minor modifications to the allocation of costs associated with access routes to the facility and the noticing addresses listed. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Dublin Corporate Center Declaration of Covenants, Conditions, and Restrictions (Park and Ride - Lot 8 of Koll Dublin Corporate Center). FINANCIAL IMPACT: The Fiscal Year 2020-21 Budget includes $60,000 for the operations and maintenance of the Park and Ride Facility and associated infrastructure, pursuant to the terms included in the Dublin Corporate Center Declaration of Covenants, Conditions, and Restrictions (CC&Rs). This is funded by the General Fund. The proposed parking program will generate enough revenue to cover the annual operations and maintenance costs of the facility. Any revenue in excess of the annual costs will be deposited into the Dublin Corporate Center Owner's Association Fund Balance until the balance exceeds 10% of the annual budget. Funds at that point in time will be returned to the City. The City may elect to dedicate such funds for future improvements, above and beyond normal operations and maintenance costs, to the facility. Page 1 of 4 Packet Pg. 100 4.7 DESCRIPTION: Background The City -approved Development Agreement for the Dublin Corporate Center (DCC) required the original developer to construct and dedicate a 190-space Park and Ride facility to the City. This work was completed and accepted by the City in October 2001, with the Park and Ride becoming operational shortly thereafter. The Park and Ride Lot is located at the northwest corner of the intersection of Tassajara Road and Interstate 580 and is directly adjacent to the DCC parking on three sides. Given that the Park and Ride is essentially a part of the DCC's parking lot, the original developer and the City agreed for all maintenance activities to be managed by DCC's contractors. To facilitate this arrangement, the original developer established the Dublin Corporate Center Owners Association (Association) which would be the responsible party for maintenance activities with the City reimbursing the Association for said activities. The responsibilities for maintenance and reimbursement are established through the DCC Declaration of Covenants, Conditions and Restrictions (CC&Rs), originally approved by the City in October 2001. Under the CC&Rs, the Association is responsible for repairing and resurfacing parking areas, maintaining lighting, landscaping, irrigation systems, and required utilities. The Association submits an annual budget for these costs, which is approved by the City and reimbursed on a semiannual basis. Current Situation The original intent for the Park and Ride was to provide commuter parking and bussing services to the general public, specifically for connecting residents to the Dublin/Pleasanton BART Station. To facilitate this, the Park and Ride originally included a Tri-Valley Wheels bus stop for convenient transfers from individual vehicles to the bus. Several years ago, LAVTA removed the Wheels bus stop located at the Park and Ride. Currently the closest bus stops are approximately 0.3 miles away, located on Dublin Blvd. at the corner of Glynnis Rose Dr. (west bound) and John Monego Ct. (east bound). The west bound bus (Route 30R) includes the most direct access to the Dublin/Pleasanton BART Station. Following the removal of the bus stop, the Park and Ride lot evolved into a hub for private employer shuttles, which employees of certain private businesses use to commute to and from work. According to the 2017 Tri-Valley Integrated Transit and Park -and -Ride Study (ACTC Study) commissioned by the Alameda County Transportation Commission, the Park and Ride Lot is used almost entirely for accessing private employer shuttles. The report includes a 2015 data point stating that the Park and Ride was at 93% of capacity. Furthermore, as referenced in the ACTC Study, a survey of the Park and Ride users detailed that most users were Dublin (44%), or Livermore (28%) residents, with 80% of respondents driving to the Park and Ride and 20% being dropped off. None of the survey respondents shared that they were using the lot to transfer to a Wheels bus. Since the time of this study the lot has exceeded its capacity. In 2018, DCC property management hired private security to ticket Park and Ride overflow users who were then utilizing private spaces for DCC businesses. Page 2 of 4 Packet Pg. 101 4.7 Prior to the COVID-19 pandemic there were approximately 49 buses accessing the Park and Ride daily. These buses are typically double decker motor coaches, substantially larger than the Wheels buses which the Park and Ride lot was engineered to support. As such, the buses have caused ongoing damage including repetitively knocking over signs and driving over and breaking curbs and irrigation lines. The weight of the buses has caused significant damage to the pavement as evidenced by the photos in Attachment 2. Under the current funding arrangement, the City is responsible for the ongoing repair of the damage caused by these buses. In 2019, the City had to pay an unbudgeted $26,656 to repair the pavement. The annual operations and maintenance budget for the facility is approximately $60,000 for Fiscal Year 2020-21, an increase of approximately $20,000 from prior years due in part to the ongoing damage created from the private commuter shuttles. Given the ongoing issues of damage caused by the private commuter shuttles, DCC's property management team reached out to the City to discuss ways to better regulate the use of the Park and Ride, which are detailed below. Proposed Changes The proposed First Amendment re -designates the Park and Ride for private commuter shuttles and commuters. The proposed changes establish a parking space licensing program which will allow private employer shuttles or employers to reserve parking spaces for their employees. Planning Staff has determined that the proposed use (private commuter shuttle lot) is substantially similar with the previously approved use and does not have any land use implications. Under the new structure, the DCC Owner's Association or their agent would be responsible for managing the parking space licensing program. Initially this program would award licenses through a lottery basis, and then on a first come first served basis from a waiting list. Licenses will be valid for a period of one year with automatic one- year renewals for up to three years and will include a monthly license fee based on current market conditions (including rates at BART parking facilities). The initial license fee will be $85 which shall increase five percent each year. Revenue generated from this program is specifically earmarked for the ongoing maintenance and operation of the Park and Ride. Any revenue over the annual budget will be deposited into the Association's reserves up to the specified reserve limit (10% of the annual budget), in accordance with the CC&Rs. Any fees above that amount will be reimbursed to the City. The Association will receive up to 10% of the total annual license fees collected to cover their costs of managing the program. This proposed program is in alignment with the recommendations included in the ACTC Study. Specifically, the study recommends facilitating the use of excess capacity at Park and Ride lots for private employer shuttles through pricing policy. Furthermore, as described in the study and further corroborated by DCC property management's outreach to private employer shuttle companies, employers whose shuttle programs utilize the Park and Ride lot have expressed interest in arranging for more parking for their employees. Page 3 of 4 Packet Pg. 102 4.7 Additionally, the First Amendment clarifies the responsibility of the City to reimburse the Association for damage above and beyond normal wear to shared access roads solely by the Park and Ride users. The First Amendment also makes other minor adjustments pertaining to the noticing addresses and the name of the Dublin Corporate Center Owners Association. Next Steps Following City Council approval, Staff will work with the Association and DCC to execute and record all necessary documentation. The Association will begin to develop materials and promote the lottery for parking spaces. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the First Amendment to Declaration of Covenants, Conditions and Restrictions (Park & Ride --Lot 8 of Koll Dublin Corporate Center) 2. Exhibit A to the Resolution - First Amendment to the CC&Rs 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 2001 Linda Sr,iith, City Manager 9/8/2020 Page 4of4 Packet Pg. 103 4.7.a RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PARK AND RIDE —LOT 8 OF KOLL DUBLIN CORPORATE CENTER) WHEREAS, as a condition of development, Koll Dublin Corporate Center LP (DCC) was required to deed and improve Lot 8 of Tract 7147 for the purpose of a City Park and Ride facility; and WHEREAS, the City Council approved Resolution 177-01 on October 16, 2020 Accepting Grant Deed for Park and Ride (Lot 8 of Tract 7147), Accepting Grants of Easement for Access, and Approving the Declaration of Covenants, Conditions and Restrictions over Lot 8 of Tract 7147; and WHEREAS, it continues to be beneficial to the DCC and the City to maintain the improvements within the Park and Ride Lot and the adjacent Dublin Corporate Center parking lots in a consistent high -quality manner; and WHEREAS, the Dublin Corporate Center Owners Association was established for the purpose of maintaining the Dublin Corporate Center common parking facilities; and WHEREAS, the Park and Ride has evolved from its originally intended use and now serves as a hub for private employer shuttles, which are substantial larger than the original buses for which the Park and Ride was engineered; and WHEREAS, the private employer shuttles have caused significant damage to the Park and Ride and associated access routes, of which the City has had to fund the repair; and WHEREAS, in order to address issues surrounding the private employer shuttles, the Dublin Corporate Center Owners Association and the City have developed a parking space license program to better regulate said shuttles and generate revenue for the ongoing maintenance and repair of the Park and Ride; and WHEREAS, the Dublin Corporate Center Owners Association and the City desire to amend the Declaration of Covenants, Conditions and Restrictions in order to update the name and notice address of the Association, update the description of the use of the Park and Ride lot, amend the duties of the Association, amend the allocation of expenses, and provide for the application of license fees against Park and Ride lot maintenance costs. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin hereby approves the First Amendment to the Declaration of Covenants, Conditions and Restrictions (Park and Ride —Lot 8 of Koll Dublin Corporate Center) attached hereto as Exhibit A to the Resolution, and that the City Manager is authorized to execute and transmit said Declaration of Covenants, Conditions and Restrictions for Lot 8 of Tract Map 7147 to the County Recorder for Filing. Attachment: 1. Resolution Approving the First Amendment to Declaration of Covenants, Conditions and Restrictions (Park & Ride --Lot 8 of Koll Packet Pg. 104 4.7.a PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment: 1. Resolution Approving the First Amendment to Declaration of Covenants, Conditions and Restrictions (Park & Ride --Lot 8 of Koll Packet Pg. 105 4.7.b RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Ziontz & Radick LLP 233 Wilshire Blvd. Suite 600 Santa Monica, CA 90401 Attn: Allison S. Radick, Esq. SPACE ABOVE RESERVED FOR FILING STAMP FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PARK & RIDE — LOT 8 OF KOLL DUBLIN CORPORATE CENTER) THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PARK & RIDE — LOT 8 OF KOLL DUBLIN CORPORATE CENTER) dated September 15, 2020 (this "First Amendment") is entered into by and between DUBLIN CORPORATE CENTER OWNERS ASSOCIATION, a nonprofit mutual benefit corporation incorporated under the laws of the State of California, formerly known as Koll Dublin Corporate Association (the "Association"), and the CITY OF DUBLIN, a municipal corporation of the State of California (the "City"), with reference to the following: RECITALS A. The Association and the City are parties to that certain Declaration of Covenants, Conditions, and Restrictions (Park & Ride — Lot 8 of Koll Dublin Corporate Center dated October 16, 2001 and recorded on November 20, 2001, in the official records of Alameda County, California, as Document No. 2001451130 (the "Declaration"). All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Declaration. B. The Association and the City desire by this First Amendment to amend the Declaration in order to (i) update the name and notice address of the Association, (ii) update the description of the use of the Park and Ride Lot, (iii) amend the duties of the Association, (iv) amend the allocation of expenses, and (v) provide for the application of license fees against Park and Ride Lot Maintenance Costs. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Association and the City hereby agree as follows: 1. Association Name Change. On May 4, 2004, a Certificate of Amendment of Articles of Incorporation of Koll Dublin Corporate Center Owners Association was filed in the 1 4828-7963-6937, v. 1 Packet Pg. 106 4.7.b Office of the Secretary of State of the State of California, pursuant to which the name of the corporation, Koll Dublin Corporate Center Owners Association, was changed to Dublin Corporate Center Owners Association. All references in the Declaration to the "Association" shall mean and refer to Dublin Corporate Center Owners Association, a nonprofit mutual benefit corporation, incorporated under the laws of the State of California, its successors and assigns. 2. Association Notice Address. The address for notices to the Association under Section 10.8 of the Declaration is hereby amended as follows: Dublin Corporate Center Owners Association 4160 Dublin Boulevard, Suite 140 Dublin, California 94568 3. Use. The Parties acknowledge and agree that the use of the Park and Ride Lot has changed and the Declaration needs to be amended to reflect the change in the use of the Park and Ride Lot. In that regard, the Parties agree that Section 8 of the Declaration is hereby deleted in its entirety and replaced with the following: Section 8. Use; License Agreements; Fees. 8.1. Use. The Parties acknowledge and agree that the Park and Ride Lot shall be used solely for the operation of a private commuter bus parking lot, and for no other use or purpose, except as may be agreed to in an amendment to this Declaration made in accordance with the terms of Section 10.9 below. Notwithstanding the foregoing, in the event that the City deems it necessary or desirable to convert a portion of the Park and Ride Lot back to a public parking lot or otherwise implement the operation of a customary "Park and Ride" facility or other public parking facility designed to provide commuter parking, carpooling parking and/or busing services to the general public, the Association shall work with the City in good faith to execute a mutually agreeable Amendment to this Declaration providing for such change in the use of the Park and Ride Lot. 8.2. License Agreements. The Parties further acknowledge and agree that the Association or the Association's Managing Agent (as defined in Section 1.7) shall enter into license agreements (each, a "Standard Parking Space License Agreement"), effective as of the date of execution of each Standard Parking Space License Agreement, with commuter bus operators and other companies for use of parking spaces in the Park and Ride Lot. Each Standard Parking Space License Agreement shall be in the form, and contain the content, of the form Standard Parking Space License Agreement attached hereto as "Exhibit E", which form has been mutually approved by the Parties. On or before October 1 of each year, the Association or the Association's 2 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 107 4.7.b Managing Agent may deliver to the City a proposed revised form Standard Parking Space License Agreement for the City's approval. In the event the City does not provide the Association or the Association's Managing Agent, as applicable, with written approval or disapproval of the proposed revised Standard Parking Space License Agreement within thirty (30) days after receipt thereof, the City shall be deemed to have approved such proposed revised Standard Parking Space License Agreement. Upon written approval by the City (or deemed approval in the event the City fails provide written approval or disapproval within the aforementioned time period), such proposed revised Standard Parking Space License Agreement shall become the form Standard Parking Space License Agreement beginning January 1 of the following year, or on such other date as is otherwise mutually agreed to in writing and signed by both Parties. Such revised Standard Parking Space License Agreement shall remain the Standard Parking Space License Agreement until it is replaced in accordance with this section or as otherwise agreed to in writing and signed by both Parties. Revisions to the Standard Parking Space License Agreement that are applicable to a specific vendor/licensee ("Licensee") shall be approved by the Parties by executing the Approval of Revised Standard Parking Space License Agreement form attached hereto as "Exhibit F". The City, the Association or the Association's Managing Agent may develop additional or alternate forms for such approval as needed. Any such additional or alternate forms shall be mutually agreed upon in writing by the City and the Association or the Association's Managing Agent. 8.3. License Fees. The license fees paid under each Standard Parking Space License Agreement shall be used to offset the Park and Ride Lot Maintenance Costs as provided under Section 3.5 of this Declaration. Such license fees shall be established and set forth in each applicable Standard Parking Space Agreement and may be increased or decreased only by executing an Approval of Revised Standard Parking Space License Agreement as outlined in Section 8.2 of this Agreement or as otherwise agreed to in writing and signed by both Parties. 8.4. Initial Award of Licenses By Lottery. Because it is anticipated that the initial number of eligible Licensee applicants will exceed the capacity of the Park and Ride Lot, the Association or the Association's Managing Agent shall award Standard Parking Space License Agreements by impartial lottery. The Association shall establish an application, procedures, and criteria for such impartial lottery. 8.5. Licensee Waiting List. Eligible Licensee applicants that are not selected during the impartial lottery described in Section 8.4 shall be placed on a waiting list in an order established by lottery. Thereafter, 3 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 108 4.7.b Standard Parking Space License Agreements shall be awarded to eligible Licensee applicants in the order in which they appear on the waiting list. Eligible Licensee applicants that submit applications for a Standard Parking Space License Agreement after the initial award by impartial lottery shall be added to the end of the waiting list in the order in which such applications are received by the Association or the Association's Managing Agent. 4. Duties of the Association; Appointment of Managing Agent. The Parties agree that Section 1 of the Declaration is hereby amended as follows: (a) The following is hereby added as Section 1.1(j): (j) management of all Standard Parking Space License Agreements entered into by the Association or the Association's Managing Agent with commuter bus operators and other companies for the use of parking spaces in the Park and Ride Lot, including negotiation of such Standard Parking Space License Agreements, collection of license fees due under such Standard Parking License Agreements, taking legal action to enforce such Standard Parking License Agreements and any other related activities. In consideration of the foregoing, the City will pay the Association's Managing Agent a management fee (the "License Agreement Management Fee") equal to up to 10% of the total license fees collected under the Standard Parking Space License Agreements. The License Agreement Management Fee shall be paid to the Association's Managing Agent in accordance with the budget in effect at the time such costs were incurred. (b) The following is hereby added as Section 1.7: 1.7 Appointment of Managing Agent. The Association may at any time, upon at least thirty (30) days' prior notice to the City, appoint an agent (the "Association's Managing Agent") to carry out all or a portion of the Association's duties set forth in this Section 1 as specified in the Association's notice. The Association's Managing Agent, if one is appointed, shall abide by all of the terms and conditions of the Declaration applicable to the duties the Association's Managing Agent is appointed to carry out. 5. Responsibility for Costs. The Parties agree that the allocation of expenses set forth in Exhibit C of the Declaration is hereby deleted in its entirety and replaced with the allocation of expenses set forth in "Exhibit C" attached hereto and incorporated herein by this reference. 6. Payment of Park and Ride Lot Maintenance Costs. The Parties agree that Section 3 of the Declaration is hereby amended to include the following Section 3.5: 4 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 109 4.7.b 3.5 Application of License Agreement Fees. The Association or the Association's Managing Agent shall collect all license fees due under the Standard Parking Space License Agreements and apply all such license fees against the Park and Ride Lot Maintenance Costs in accordance with the budget in effect for the calendar year in which such Park and Ride Lot Maintenance Costs were incurred. Any license fees collected in any calendar year in excess of the total Park and Ride Lot Maintenance Costs for such calendar year shall, at the Association's election, either be added to the reserves provided for under Section 3.2 of the Declaration or reimbursed to the City by February 1st of the following calendar year, provided however, that any license fees collected in excess of the reserves as set forth in the budget in effect for the calendar year in which such license fees were collected shall be reimbursed to the City. 7. Ratification. Except as otherwise specifically herein amended, the Declaration is and shall remain in full force and effect according to the terms thereof. In the event of any conflict between the Declaration and this First Amendment, this First Amendment shall control. 8. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. [SIGNATURES ON NEXT PAGE] 5 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 110 4.7.b 1N WITNESS WHEREOF, this First Amendment has been executed by the parties as of the date first referenced above. "Association": DUBLIN CORPORATE OWNERS ASSOCIATION, a nonprofit mutual benefit corporation, incorporated under the laws of the State of California By: Name: c,vus 1 Title: President "City": CITY OF DUBLIN, a municipal corporation of the State of California By: Name: Title; 6 4828-7963-6937, v. 1 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) Packet Pg. 111 4.7.b A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF N )4,4 -I-S ) ) ss. On sal° // , 2020, before me, t� - ; N 51S 4.- -ik , a Notary Public, personally appeared c. i -»-- S r i IT-6' 7) f.-- , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. ,���;•.>— KYLE DEVIN EtSENBERG 1 I COMM. #2238120 z Notary Public - Caiitornssa o Signature 7 4828-7963-6937, v. 1 San Francisco County M Comrn. Expires May.i 0, 2022I (Seal) Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) Packet Pg. 112 4.7.b A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 2020, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 8 (Seal) Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 113 4.7.b EXHIBIT C ALLOCATION OF EXPENSES The City's share of expenses incurred by the Association pursuant to Sections 1.1, 2, and 7 of the Declaration shall be as follows: The City's share will be 100% for all work/expenses solely for the benefit of the Park and Ride Lot. Expenses for work on Access Roads or Shared Project Contracts (combined contracts servicing the entire Project and Park and Ride Lot) will be billed to the City at the Percentage Assessed as outlined below. Repairs to damage to Association facilities outside of the Park and Ride Lot solely caused by Park and Ride or other commuter buses &/or users of the Park and Ride Lot and beyond normal wear and tear, shall be funded or reimbursed by the City without the requirement that the Association or the Association's Managing Agent deliver written notice of such maintenance and repair items and obtain the City's approval. "Normal wear and tear" includes standard budgeted maintenance and repair items. The Parties agree that in the event the City exercises its right under Section 1.6 of the Declaration, the City shall have no obligation to reimburse Association for costs incurred after the date of assumption with respect to the duties, functions, or facilities so assumed. In the event such duties, functions or facilities assumed by City include shared utilities that cannot be segregated, the Parties shall execute an agreement as to the shared use and associated costs of those utilities. CCR Expense City's Share Section Category Description of Expense 1.1 (a), 2, 7 Parking Area Shared Project Contracts (Percentage of Assessed Area*) 8.39% Access Roads 50.00% Park & Ride Lot 100.00% 1.1 (b), 2, 7 Lighting Fixtures Access Roads & Shared Project Contracts (Percentage of Assessed Area) 8.39% Park & Ride Lot 100.00% Access Roads & Shared Project Contracts 1.1 (c), 2, 7 Landscaping (Percentage of Assessed Area) 8.39% Park & Ride Lot 100.00% 1.1 (d), 2, 7 Irrigation Access Roads & Shared Project Contracts Equipment, (Percentage of Assessed Area) 8.39% Exhibit C -1 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 114 4.7.b Trash, Debris, Park & Ride Lot & Graffiti Access Roads & Shared Project Contracts 1.1 (e), 2, 7 Storm Drains (Percentage of Catch Basins**) Park & Ride Lot 100.00% 18.20% 100.00% 1.1 (f), 2, 7 Repaving & Restriping Access Roads & Shared Project Contracts (Percentage of Assessed Area) Park & Ride Lot 8.39% 100.00% 1.1 (g), 2, 7 Access Roads & Shared Project Light Electricity for Poles Street Lights Park & Ride Lot Light Poles 8.39% 100.00% Electricity for 1.1 (h), 2, 7 Irrigation System Percentage of Assessed Area 8.39% 1.1 (i), 2, 7 Water for Percentage of Assessed Area Landscaping 1.1 (j), 2, 7 License Park & Ride Lot Management 8.39% 100.00% If the underlying assumptions used in calculating the above percentages change or are found to be incorrect, the City's Share of Expenses shall be recalculated. * "Percentage of Assessed Area" means a fraction, the numerator of which is the gross square footage of the land area of the Park and Ride Lot and the denominator of which is the total gross square footage of the land area of the Assess Lots plus the gross square footage of the land area of the Park and Ride Lot. "Assessed Lots" means all Lots in the Project with respect to which either (i) the Lot has been conveyed by the Surplus Property Authority of Alameda County to a third party or (ii) the construction of the first building on the Lot has commenced, whichever occurs first. ** "Percentage of Catch Basins" means a fraction , the numerator of which is the total number of catch basins on the Park and Ride Lot and the denominator of which is the total number of catch basins in the Project Common Area and Park and Ride Lot. Exhibit C -2 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 115 4.7.b EXHIBIT E STANDARD PARKING SPACE LICENSE AGREEMENT This Standard Parking Space License Agreement (the "Agreement") dated effective as of , 20_ is made and entered into by and between a ("Licensor") and , a ("Licensee") (collectively, the "Parties"). WITNESSETH: WHEREAS, the City of Dublin, a municipal corporation of the State of California (the "City"), is the owner of that certain real property improved with a parking lot located at Tassajara Road & 680 Freeway and commonly known as Park and Ride Lot 8 (the "Parking Facility"). WHEREAS, pursuant to that certain Declaration of Covenants, Conditions, and Restrictions (Park & Ride — Lot 8 of Koll Dublin Corporate Center) dated October 16, 2001 and recorded on November 20, 2001 in the Official Records of Alameda County, California as Document No. 2001451130 (as amended, the "Park & Ride Lot Declaration"), entered into by and between Dublin Corporate Center Owners Association, a non- profit mutual benefit corporation incorporated under the laws of the State of California, formerly known as Koll Dublin Corporate Center Owners Association, Licensor has agreed to operate, maintain and repair the Parking Facility. WHEREAS, the City has authorized Licensor to enter into license agreements with commuter bus operators and other companies for the use of parking spaces in the Parking Facility for the purpose of parking commuter buses and providing shuttle services offered by private employers for use by their employees, including pick-up and drop-off of such employees (the "Services"). WHEREAS, Licensee desires to use ( ) parking spaces in the Parking Facility in the location depicted on Exhibit A attached hereto (the "Licensed Area") to be utilized for the Services and for no other purpose whatsoever, subject to the terms and conditions of this Agreement. WHEREAS, the Parties recognize the rights and interests of the City, as property owner, regarding this Agreement and intend for the City to be a third party beneficiary entitled but not required to enforce the terms and conditions herein. NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. LICENSE. Licensor hereby grants to Licensee, and Licensee hereby accepts, a non-exclusive license to use the Licensed Area upon the terms and conditions set forth herein. It is hereby agreed and understood that this Agreement is merely a license to use the Licensed Area and that no right, title or interest in or to the Licensed Area is granted to or vested in or intended to be granted to or vested in the Licensee by virtue Exhibit E - 1 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 116 4.7.b of this Agreement. Licensee acknowledges that its use of the Licensed Area shall be pursuant to this Agreement and that Licensee shall not, by such use, acquire any rights in or to the Licensed Area by implied lease, prescription, adverse possession, or otherwise. 2. TERM. (a) The term of this Agreement shall commence on (the "Commencement Date") and shall terminate on (the "Initial Term"). Following expiration of the Initial Term, this Agreement shall automatically renew for successive periods of one (1) year each for up to three (3) years (the Initial Term, as may be renewed pursuant to the terms of this Agreement, is referred to herein as the "Term"), unless either Party provides written notice to the other Party of its intent not to renew the Term at least sixty (60) days prior to the expiration of the then -current Term. (b) Notwithstanding anything herein to the contrary, Licensor may terminate this Agreement at any time during the Term for convenience upon at least sixty (60) days prior written notice to Licensee. Upon the termination date set forth in Licensor's notice, all rights and obligations of the Party hereto shall cease and terminate, except for those rights and obligations which are expressly stated herein to survive the termination of this Agreement. 3. LICENSE FEE. The annual license fee for use of the Licensed Area is ($ ), payable in monthly installments of ($ ) (the "License Fee"). The License Fee shall increase five percent (5%) per year on the anniversary the Commencement Date. The License Fee shall be due to Licensor monthly in advance on the Commencement Date and thereafter on first day of each month during the Term (the License Fee for the first and last month of the Term being appropriately prorated). The License Fee shall be paid to Licensor at the address of Licensor as provided herein (or such other address as may be designated by Licensor from time to time). 4. USE OF LICENSED AREA. (a) Licensee shall have the privilege to use, exclusive to that of other licensees, the designated number of parking spaces within the Licensed Area for the Services, and shall not use the Licensed Area for any other purposes whatsoever. (b) Neither Licensor nor Licensor's agents or employees, and neither City nor City's agent's or employees, shall be liable for: (i) any loss or damage to any vehicle or personal property parked or located upon or within any portion Parking Facilities whether pursuant to this License or otherwise and whether caused by fire, theft, explosion, strikes, riots or any other cause whatsoever, or (ii) any injury to or death of any person in, about or around such parking spaces or elsewhere in the Parking Facility or any vehicles parking therein or in proximity thereto whether caused by fire, theft, assault, explosion, riot or any other cause whatsoever, and Licensee hereby waives any claims and releases Licensor and Licensor's agents and employees from all liability arising out of loss or damage to property or injury to or death of persons, or both, relating to any of the foregoing. Exhibit E - 2 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 117 4.7.b (c) Licensor specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Parking Facility and Licensed Area at any time and Licensee acknowledges and agrees that Licensor may, without incurring any liability to Licensee and without any abatement of License Fee under this License, from time to time, close -off or restrict access to the Licensed Area or Parking Facility for purposes of permitting or facilitating any such construction, alteration or improvements. 5. PARKING RULES AND REGULATIONS. Licensee's continued right to use of the Licensed Area is conditioned upon Licensee abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the Parking Facility ("Parking Rules and Regulations") and upon Licensee's cooperation in seeing that Licensee's employee users and vendors also comply with such rules and regulations. The Park and Ride Rules and Regulations maintained by the Licensor, set forth in Exhibit B, as amended from time to time, are made an integral part of this License. Licensee, its employees, agents, guests, invitees, visitors and/or any other persons caused to be present in and around the Licensed Area by the Licensee shall perform and abide by the rules and regulations set forth in the Park and Ride Rules and Regulations and any amendments or additions to those rules and regulations as Licensor or the City may make. In Licensor's sole discretion, should it determine that Licensee has failed to observe and/or comply with any of the Park and Ride Rules and Regulations, Licensee shall be in breach of this License, and Licensor shall be entitled to exercise any of Licensor's remedies pursuant to this License or otherwise. In addition to the foregoing, should Licensee not correct violations of the Rules and Regulations by their user or vendors after the second warning, Licensor shall at its option terminate this Parking License Agreement with ten (10) day notice to Licensee. 6. INGRESS AND EGRESS. Licensee understands that Licensor, City and other licensees and parties permitted by Licensor, if any, shall be permitted to pass through the Parking Facility. Licensee is obligated to provide for a navigable path to be used by others through the Parking Facility. 7. END OF TERM OF LICENSE. Upon the expiration or earlier termination of the Term of the License, Licensee shall vacate the Licensed Area in good order and condition, ordinary wear and tear excepted, and Licensee shall remove all of its property therefrom. Licensee acknowledges that occupation and use of the Licensed Area must cease upon the expiration or earlier termination of this License. The provisions of this Section shall survive the expiration or earlier termination of the Term of this License. If Licensee fails to fulfill its obligations under this Section, Licensor shall have the right, in its sole discretion and without prejudice to any other remedy it may have under this Agreement or at law, or so much thereof as necessary, to satisfy Licensee's obligations under this Section at Licensee's sole cost and expense. 8. HAZARDOUS MATERIALS. (a) Licensee also agrees that it shall not generate, use, treat, store, handle, release or dispose (or permit others to do the same) any Hazardous Materials (as hereinafter defined) about, into, on, in or under the Licensed Area, the Parking Facility or transport Hazardous Materials to or from the Licensed Area, the Parking Facility; excluding, however, such Hazardous Materials customarily used in connection with the Services so long as such Hazardous Materials are treated, handled, stored, used and disposed of in compliance with all applicable Environmental Laws (as hereinafter defined). Licensee's use of the Licensed Area and provision of the Services will be in compliance with all applicable Environmental Laws during the Term of this Agreement. Exhibit E - 3 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 118 4.7.b (b) If any Hazardous Materials leak, spill or are otherwise released about, into, on, in or under the Licensed Area, the Parking Facility or the Parking Facility by (or due to a failure to act by) Licensee or its employees, agents, contractors, subcontractors, customers or invitees, Licensee shall immediately commence clean-up of such Hazardous Materials, which clean-up shall comply with all applicable Environmental Laws. Licensee shall be solely responsible for all costs and expenses in connection with such clean-up. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS HEREINAFTER DEFINED) FROM AND AGAINST ALL CLAIMS (AS HEREINAFTER DEFINED) (INCLUDING REMOVAL AND REMEDIAL OBLIGATIONS) ARISING IN FAVOR OF ANY PERSONS (INCLUDING ANY INDEMNIFIED PARTY) WHICH, IN WHOLE OR IN PART, ARISES OUT OF OR RESULTS FROM OR IS IN ANY WAY RELATED TO (I) THE ACTUAL OR ALLEGED PRESENCE, LEAK, SPILL OR OTHER RELEASE OF HAZARDOUS MATERIALS ABOUT, INTO, ON, IN OR UNDER THE LICENSED AREA, THE PARKING FACILITY BY (OR DUE TO A FAILURE TO ACT BY) LICENSEE OR ITS EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, CUSTOMERS OR INVITEES OR (II) ANY ENVIRONMENTAL CLAIM (AS HEREINAFTER DEFINED) RELATING IN ANY WAY TO LICENSEE'S OPERATIONS OR USE OF THE LICENSED AREA. THESE OBLIGATIONS TO DEFEND, INDEMNIFY AND HOLD HARMLESS SHALL BE VALID AND BINDING REGARDLESS OF ANY CLAIMS, ALLEGATIONS OR FINDINGS OF NEGLIGENCE AGAINST ANY INDEMNIFIED PARTY, BUT SHALL NOT APPLY IF THE CLAIM RESULTS SOLELY FROM THE NEGLIGENCE OF AN INDEMNIFIED PARTY. The provisions of this Section 8(b) shall survive the expiration or earlier termination of this Agreement. (c) The term "Hazardous Materials" means: (i) petroleum or petroleum products, natural or synthetic gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and radon gas; (ii) any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," "contaminants" or "pollutants," or words of similar import, under any applicable Environmental Law; and (iii) any other substance exposure which is regulated by any governmental authority. The term "Environmental Law" means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree or judgment, relating to the environment, health, safety or Hazardous Materials, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; the Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq. The term "Environmental Claims" means any and all administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of non- compliance or violation, investigations, proceedings, consent orders or consent agreements relating in any way to any Environmental Law or any environmental permit, including without limitation (a) any and all Environmental Claims by governmental or regulatory authorities for enforcement, cleanup, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law and (b) any and all Environmental Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief resulting from Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment. Exhibit E - 4 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 119 4.7.b 9. AS -IS CONDITION. Licensee acknowledges that it has inspected the Licensed Area and accepts the Licensed Area as suitable for the purposes for which the same is licensed, in "AS IS" condition, without any representations or warranties (express or implied) of any kind whatsoever. Licensee's occupation or use of any portion of the Licensed Area shall be conclusive evidence that the Licensed Area was in good order and satisfactory condition when Licensee was granted access. Licensee agrees that use of the Parking Facility will be at the sole risk of Licensee, its employees, agents, customers, invitees, contractors and subcontractors. Neither Licensor nor Licensor's agents or employees shall be responsible for the security or safety of any persons entering or using the Parking Facility. Neither the City nor the City's agents or employees shall be responsible for the security or safety of any persons entering or using the Parking Facility. 10. MAINTENANCE OF THE LICENSED AREA. Licensor shall keep and maintain the Licensed Area in good order, condition and repair unless damage arises out of the Services, in which case cost of repair will be at Licensee's expense. If Licensee does not keep the Licensed Area free of garbage, trash, rubbish or other refuse, Licensor may cause the disposal of same at the sole cost and expense of Licensee and Licensee shall reimburse Licensor for such costs within thirty (30) days following receipt of an invoice therefor from Licensor plus interest from the date paid by Licensor through the date paid by Licensee, at the rate which is the lesser of (i) twelve percent (12%) per annum and (ii) the highest rate permitted by applicable local, state or federal laws, rules or regulations ("Laws"). 11. STRIPING AND RESTORATION. On or prior to the Commencement Date, Licensor shall, at Licensee's expense, stripe the parking spaces in the Licensed Area as "Reserved" for Licensee consistent with the existing design standards for the Parking Facility. On or prior to the expiration or earlier termination of this Agreement, Licensor shall, at Licensee's expense, restore the Licensed Area to as good a condition as immediately prior to the Commencement Date, reasonable wear and tear excepted, which restoration shall include the removal of Licensee's reserved parking striping. Licensee shall reimburse Licensor for restoration of the Licensed Area and the repair of any damage to the Parking Facility caused by Licensee or its employees, agents, contractors, subcontractors, customers or invitees. Licensee shall reimburse Licensor for all costs described herein within thirty (30) days following receipt of an invoice therefor from Licensor plus interest from the date paid by Licensor through the date paid by Licensee, at the rate which is the lesser of (i) twelve percent (12%) per annum, or (ii) the highest rate permitted by applicable Laws. 12. IMPROVEMENTS. Except as otherwise stated herein, Licensee shall not make any alterations or improvements, nor install any fixtures or signs ("Improvements") in, upon, or to the Licensed Area or the Park and Ride Lot without the prior written consent of Licensor, which consent may be withheld in Licensor's sole discretion. If Licensee desires to install any Improvements within the Licensed Area, Licensee must submit a written request therefor to Licensor along with detailed plans with respect to such proposed Improvements. Any Improvements made by Licensee shall, at Licensor's option, become the property of Licensor upon the expiration or earlier termination of this Agreement. Licensee shall execute such documents as Licensor may require to confirm that title to the Improvements vests in Licensor. Licensee shall, however, at Licensor's request, remove such Improvements at Licensee's sole cost and expense on or prior to the expiration or earlier termination of this Agreement. Exhibit E - 5 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 120 4.7.b 13. CITY AS THIRD PARTY BENEFICIARY. The City is an express third party beneficiary of this Agreement ("Third Party Beneficiary") and shall be entitled to enforce the provisions of this Agreement as if it were a party hereto. 14. LIENS. Licensee agrees to keep the Licensed Area free of all liens, claims or encumbrances arising out of the performance of the Services or Licensee's use of the Licensed Area, and shall furnish Licensor with appropriate lien waivers from all potential claimants upon request of Licensor. If any such liens, claims or encumbrances are filed, Licensor may without waiving its rights based on such breach by Licensee or releasing Licensee from any obligations hereunder, pay or satisfy the same and in such event the sums so paid by Licensor shall be due and payable by Licensee immediately and without notice or demand, with interest from the date paid by Licensor through the date paid by Licensee, at the rate which is the lesser of (i) twelve percent (12%) per annum and (ii) the highest rate permitted by applicable Law. Licensee shall indemnify, defend and hold Licensor harmless for all Claims (as hereinafter defined) incurred by Licensor as a result of the failure of Licensee to fulfill its obligations under this Section. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 15. COMPLIANCE. Licensee acknowledges that Licensor operates and maintains the Parking Facility in a first class manner, and Licensee agrees that its use of the Licensed Area and provision of the Services shall be consistent the nature of a first-class parking facility. Licensee shall not do or permit to be done on or about the Park and Ride Lot, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any applicable Laws which now exist or may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy or will in any way increase the existing rate of or affect any fire or other insurance upon the Park and Ride Lot or any part thereof or any of its contents, or cause a cancellation of any insurance policy covering the Park and Ride Lot or any part thereof or any of its contents. Licensee shall at all times abide by the Park and Ride Lot Rules and Regulations, as they may be modified from time to time, which current rules and regulations are attached hereto as Exhibit B. Licensee shall not do or permit anything to be done or kept upon the Licensed Area that does or could obstruct or interfere with the rights of Licensor or other Licensees or the patrons and customers of any of them, or injure them, or use or allow the Licensed Area to be used for any improper, unlawful or objectionable purpose, nor shall Licensee cause, maintain or permit any nuisance in, on or about the Licensed Area or commit or suffer to be committed any waste in or upon the Licensed Area. 16. INSURANCE. (a) Licensee shall, at its sole cost and expense, procure and maintain in full force and effect throughout the Term of this Agreement insurance in the following forms and types and in amounts not less than the following: Type of Insurance Minimum Coverage Commercial General Liability $1,000,000 Garage Keeper's Liability $1,000,000 Commercial Automobile Liability $1,000,000 Employers Liability $500,000 Workers' Compensation In kind and amount as required by applicable Law Exhibit E - 6 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 121 4.7.b (b) The Commercial General Liability insurance required to be maintained by Licensee shall have a combined single limit of not less than that indicated above, per occurrence, applying to bodily injury and property damage, with a Broad Form Liability Endorsement on an occurrence basis and including coverage for the hazards of operation, independent contractors, products and completed operations (for two (2) years after the expiration or earlier termination of this Agreement) and contractual liability specifically covering the indemnification provisions in this Agreement. Such Commercial General Liability insurance shall include an endorsement providing that the insurance afforded under Licensee's policy is primary insurance as respects Licensor and the City, and that any other insurance maintained by Licensor is excess and non- contributing with the insurance required hereunder. (c) Commercial Automobile Liability insurance required to be maintained by Licensee shall cover all owned, hired and non -owned automobiles with a combined single limit of not less than that indicated above, per occurrence, for bodily injury and property damage. (d) All insurance policies required to be maintained by Licensee hereunder shall be written with solvent insurance companies authorized to do business in the state in which the Parking Facility is located with an A.M. Best Rating of A- VIII or better. Licensee shall deliver to Licensor, prior to the Commencement Date, original certificates evidencing the existence and amounts of such insurance. Each policy shall contain an endorsement requiring the insurer to provide Licensor with thirty (30) days written notice prior to cancellation of the policy. Licensee shall not do or permit to be done anything which shall invalidate the insurance policies required under this Agreement. The limits of such insurance shall not limit Licensee's liability nor relieve Licensee of any obligation hereunder. All such insurance policies (except workers' compensation and employers liability) shall name Licensor, ("Manager"), and the City as additional insureds. Such insurance policies required to be maintained by Licensee shall contain a waiver of subrogation in favor of Licensor, Licensor's indemnitees and designees, and the City. (e) Licensee shall secure, pay for, and maintain, or cause its contractors and subcontractors to secure, pay for, and maintain insurance policies required by Licensor, together with such insurance as may from time to time be required by applicable Laws. Licensee shall not commence, nor may it permit its contractors and subcontractors to commence any work, until all required insurance has been obtained, and if Licensor requests, until certificates of insurance reflecting the required coverages have been delivered to Licensor. (f) Licensee agrees to deliver a certificate of insurance (and any other documents and information reasonably requested by the Licensor or Manager) to Licensor or Manager, respectively, in order to provide to Licensor and Manager evidence of the insurance required of Licensee under this Agreement. In addition to other terms and conditions contained herein, Licensee shall not commence any use at the Parking Facility nor perform any of the Services until such time as Licensee has provided a certificate of insurance that is in compliance with the requirements of this Agreement. (g) LICENSEE ON BEHALF OF ITSELF AND ITS INSURERS, WAIVES ITS RIGHTS OF RECOVERY AGAINST LICENSOR OR ANY PERSON WHO HOLDS A DIRECT OR INDIRECT OWNERSHIP INTEREST IN LICENSOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, FOR DAMAGES SUSTAINED BY LICENSEE AS A RESULT OF ANY DAMAGE TO ITS Exhibit E - 7 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 122 4.7.b PROPERTY OR DAMAGE TO PROPERTY OF OTHERS OR BODILY INJURY OR DEATH ARISING FROM ANY RISK OR PERIL INCLUDING THE NEGLIGENCE OF LICENSOR TO THE EXTENT COVERED OR COVERABLE BY ANY INSURANCE POLICY ACTUALLY CARRIED BY LICENSEE OR REQUIRED TO BE CARRIED BY LICENSEE PURSUANT TO THE TERMS OF THIS AGREEMENT, AND LICENSEE AGREES THAT NO PARTY SHALL HAVE ANY SUCH RIGHT OF RECOVERY BY WAY OF SUBROGATION OR ASSIGNMENT. 17. INDEMNIFICATION. LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS HEREINAFTER DEFINED) FROM AND AGAINST ALL CAUSES OF ACTION, CLAIMS, INCLUDING, BUT NOT LIMITED TO CAUSES OF ACTION AND CLAIMS FOR NEGLIGENCE, STRICT LIABILITY AND GROSS NEGLIGENCE, DAMAGES, LIENS, DEMANDS, COSTS, EXPENSES, AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, (COLLECTIVELY, "CLAIMS" AND INDIVIDUALLY, A "CLAIM"), ARISING IN FAVOR OF ANY PERSONS (INCLUDING ANY INDEMNIFIED PARTY) WHICH, IN WHOLE OR IN PART, ARISES OUT OF OR RESULTS FROM OR IS IN ANY WAY RELATED TO (I) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S EMPLOYEES, AGENTS, LICENSEES, CONTRACTORS, SUBCONTRACTORS, CUSTOMERS OR INVITEES IN OR ABOUT THE LICENSED AREA, THE PARKING FACILITY OR THE PARKING FACILITY, (II) LICENSEE'S USE OF THE LICENSED AREA OR LICENSEE'S PERFORMANCE OF THE SERVICES, (III) ANY FAILURE BY LICENSEE OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS TO COMPLY WITH THE TERMS AND OBLIGATIONS OF THIS AGREEMENT, (IV) LICENSEE'S PERFORMANCE OF THE SERVICES, OR (V) ANY VIOLATION OF THE APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE ANTI -CORRUPTION LAWS, BY LICENSEE OR CONTRACTORS, EMPLOYEES, AGENTS, LICENSEES OR SUBCONTRACTORS. THESE OBLIGATIONS TO DEFEND, INDEMNIFY AND HOLD HARMLESS SHALL BE VALID AND BINDING REGARDLESS OF ANY CLAIMS, ALLEGATIONS OR FINDINGS OF NEGLIGENCE AGAINST ANY INDEMNIFIED PARTY, BUT SHALL NOT APPLY IF THE CLAIM RESULTS SOLELY FROM THE NEGLIGENCE OF AN INDEMNIFIED PARTY. LICENSEE SHALL KEEP THE PARKING FACILITY FREE OF ALL LIENS REPRESENTING CLAIMS WHICH PURPORT TO BE BASED ON ANY SERVICES OR MATERIALS ALLEGEDLY PROVIDED AT THE REQUEST OR ON THE AUTHORITY OF THE LICENSEE OR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS. THE TERM "INDEMNIFIED PARTIES" MEANS (A) THE CITY AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS; AND (B) LICENSOR, ITS CONSTITUENT PARTNERS, SHAREHOLDERS AND/OR OTHER DIRECT OR INDIRECT EQUITY OWNERS OF LICENSOR, AND ALL OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES OF ANY OF THE FOREGOING. ANY ONE OF THE FOREGOING IS AN "INDEMNIFIED PARTY". The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 18. DEFAULT. If either Party shall default in the performance of any of its obligations, the non - defaulting Party or the City may send a written notice reasonably describing the default to the defaulting party. If the defaulting Party does not cure the default within (i) five (5) days following receipt of notice of a monetary default or (ii) thirty (30) days following receipt of notice of a non -monetary default, the non - defaulting Party or City may (a) terminate this Agreement effective upon the defaulting 'Party's receipt of written notice thereof from the non -defaulting Party or City and/or (b) pursue all other remedies that may be available at law or in equity. The remedies of the non -defaulting Party and City are cumulative, and no one Exhibit E - 8 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 123 4.7.b of them shall be construed as exclusive of any other, or of any right or remedy allowed or provided by Law and not expressly waived in this Agreement. 19. NO WAIVER. Licensors failure to enforce, or delay in the enforcement of, any provision hereof or any right hereunder shall not be construed as a waiver of such provision or right. Licensee's exercise of any right hereunder shall not preclude or prejudice the exercise thereafter of the same or any other right. 20. ASSIGNMENT. No assignment or sublicensing of the Licensed Area, this Agreement or any part thereof, shall be made by Licensee without Licensor's prior written consent, which consent shall not be unreasonably withheld, and the consent of the City (as defined below). 21. RIGHT OF ENTRY. Licensor and its authorized agents and representatives and the City and its authorized agents and representatives may enter the Licensed Area at any time for any reasonable purpose, including, but not limited to, the right to inspect the Licensed Area to confirm compliance with the terms of this Agreement, the Easement, or any other reasonable purpose, to exhibit the Licensed Area to prospective purchasers, lenders or tenants, to post notices of non -responsibility, or to alter, improve, restore, rebuild or repair the Licensed Area or any other portion of the Parking Facility. 22. LIMITATION OF LIABILITY. (a) It is expressly understood and agreed that notwithstanding anything in this Agreement to the contrary, and notwithstanding any applicable Law to the contrary, neither Licensor nor any of its partners, shareholders or other direct or indirect equity owners of Licensor shall have any personal liability under this Agreement. (b) IN NO EVENT SHALL LICENSOR OR CITY BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING LOST REVENUES AND PROFITS AND DAMAGES, AND LICENSEE HEREBY WAIVES ALL SUCH DAMAGES. 23. FORCE MAJEURE. Whenever a period of time is herein prescribed for the taking of any action by Licensor or Licensee, neither Licensor nor Licensee shall be held responsible for, and there shall be excluded from the computation of such period of time, any delay caused by fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riots, civil commotion, malicious mischief, acts of God, natural or local emergency, including public health emergencies, pandemics, epidemics or other outbreaks of virus or disease, governmental actions, orders or declarations (but only to the extent not caused by the Party claiming force majeure or its employees, agents, contractors or subcontractors), or by any other cause beyond the reasonable control of the party claiming force majeure, whether or not the same is herein specified. Strikes or lockouts will not delay or excuse performance required by this Agreement or otherwise effect the terms and conditions of this Agreement. In no event shall insufficient funds constitute an event of force majeure or otherwise excuse or delay performance required hereunder. Exhibit E - 9 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 124 4.7.b 24. NOTICES. (a) Any and all notices and demands by or from Licensor to Licensee, or by or from Licensee to Licensor, required or desired to be given hereunder shall be in writing and shall be validly given or made if (i) served personally, (ii) deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, or (iii) deposited with a recognized overnight courier. If such notice or demand is served by registered or certified mail in the manner provided, service shall be conclusively deemed given two (2) business days after mailing or upon receipt, whichever is sooner. If such notice or demand is deposited with a recognized overnight courier, service shall be conclusively deemed given one (1) business day after such deposit. If to Licensor: With a copy to: If to Licensee: With a copy to: As Third Party Beneficiary, a copy of all notices must be sent to the City: Dublin Corporate Center Owners Association 4160 Dublin Boulevard, Suite 140 Dublin, CA 94568 Attn: Email: Attn: Email: Attn: Email: Attn: Email: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Manager's Office Email: John.Stefanski@Dublin.ca.gov (b) Any Party or Third Party Beneficiary hereto may change its address for the purpose of receiving notices or demands as herein provided by a written notice given in the manner aforesaid to the other parties hereto. Exhibit E - 10 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 125 4.7.b 25. ATTORNEYS' FEES. Should either Party or the Third Party Beneficiary employ an attorney to enforce any of the provisions hereof, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach thereof, the non -prevailing party (such non -prevailing party being defined as that party receiving the lowest net damages in any single proceeding) in any final judgment agrees to pay to the prevailing party all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred in connection therewith by the prevailing party. 26. RELATIONSHIP OF PARTIES. Nothing contained in this Agreement shall be deemed or construed by the Parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Licensor and Licensee other than the relationship of licensor and licensee. 27. GOVERNING LAW AND VENUE. This Agreement shall be governed by, performed under and construed in accordance with the laws of the state of California, without giving effect to the conflict of law principles thereof. The venue shall be the County of Alameda. 28. COUNTERPARTS; ELECTRONIC TRANSMISSION. This Agreement may be signed in multiple counterparts each of which shall be deemed an original. A signed copy of this Agreement transmitted by facsimile, email, DocuSign or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. 29. EXHIBITS. The Exhibits attached hereto contain additional provisions of this Agreement and are incorporated herein by reference. 30. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding and agreement between the Parties hereto and supersedes all previous communications, negotiations and agreements, whether oral or written, with respect to the subject matter hereof. No amendment to or modification of this Agreement shall be binding on either Party unless reduced to writing and duly executed by or on behalf of the Party hereto. 31. AUTHORITY. Each Party represents to the other Party that the person signing this Agreement on behalf of such Party has full authority to enter into this Agreement on behalf of that Party. 32. SEVERABILITY. In case any one or more provisions set forth in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, any such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been incorporated therein. 33. BINDING EFFECT. The Parties intend that the terms, conditions, and provisions of this Agreement shall be legally binding upon and inure to the benefit of and be enforceable by each of the Party hereto and their respective successors and permitted assigns. 34. CONFIDENTIALITY. Except as otherwise provided herein, Licensee shall hold in confidence and not disclose to others, business or technical information disclosed to Licensee by Licensor or acquired by Licensee during the Term. The obligations of confidentiality do not apply to information that Exhibit E - 11 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 126 4.7.b (i) is or becomes part of the public domain through no fault of Licensee, or (ii) is required to be publicly disclosed under Law. 35. NO DISCRIMINATION. Licensee 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. 36. OFFICE OF FOREIGN ASSETS CONTROL (OFAC). (a) Pursuant to United States Presidential Executive Order 13224 signed on September 24, 2001, and entitled "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism" ("Executive Order"), U.S. companies are required to ensure that they do not transact business with persons or entities determined to have committed, or to pose a risk of committing or supporting, terrorist acts and those identified on the list of Specially Designated Nationals and Blocked Persons ("List"), generated by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. The names or aliases of these persons or entities ("Blocked Person") are updated from time to time. If it is determined that Licensee is a Blocked Person, this Agreement shall be terminated. The provisions of this paragraph will survive termination of this Agreement. (b) Licensee represents that, (i) neither Licensee nor any person or entity that directly owns 10% or greater equity interest in it nor any of its officers, directors, or managing members is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of OFAC (including those named on the List) or under the Executive Order, or other governmental action, and (ii) that throughout the Term of this Agreement, Licensee shall comply with the Executive Order. 37. ANTI -CORRUPTION. (a) Licensee hereby represents, warrants and covenants that: (i) Licensee and its affiliates and each of their respective officers, directors, employees, and agents (collectively, the "Licensee Representatives"), are now in compliance with the Anti -Corruption Laws (defined below). No action, suit or proceeding by or before any court, or government agency, authority or body, or any arbitrator or nongovernmental authority involving any Licensee Representative with respect to applicable Anti -Corruption Laws is pending, or to Licensee's knowledge, threatened. (ii) No government is investigating or has in the past five (5) years conducted, initiated or threatened any investigation of Licensee or any of its owners, affiliates, partners, officers, directors or employees for alleged violation of Anti -Corruption Laws. Exhibit E - 12 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 127 4.7.b (iii) Licensee shall comply with all applicable Anti -Corruption Laws in connection with the performance of all duties and obligations relating to this Agreement. (iv) Without limiting the foregoing, Licensee shall not cause or knowingly permit Licensor, Licensor's property manager or any Licensee Representative to, either directly or indirectly, pay, offer, promise or authorize a Prohibited Payment (defined below). (v) In carrying out its responsibilities under this Agreement, Licensee will not provide any meals, gifts, gratuities, entertainment, or travel to any Government Official (defined below) without the prior written consent of Licensor. (vi) Licensee shall immediately notify in writing Licensor and Licensor's property manager if Licensee becomes aware of facts or information which suggest a breach of the foregoing anti -corruption covenants or the Anti -Corruption Laws. (b) The breach by Licensee of any of its representations, warranties and/or covenants contained in this Section 37 shall constitute a material breach of this Agreement in addition to a default under Section 18. (c) In the event Licensor or Licensor's property manager has reason to believe that a breach of any of the representations, warranties or covenants in this Section 37 has occurred or will occur, Licensor may withhold further payments until such time as it is satisfied that no breach has occurred or will occur. Licensor shall not be liable to Licensee for any claim, losses or damages whatsoever related to its decision to withhold payments under this provision. (d) The provisions of this Section 37 and any warranties, representations or covenants made thereunder shall survive any expiration or earlier termination of this Agreement. (e) As used in this Agreement: (i) "Anti -Corruption Laws" shall mean all laws, rules, and regulations of any jurisdiction applicable to the relevant party concerning or related to bribery or corruption, including laws governing the bribery or corruption of domestic U.S. federal, state, or local Government Officials, non-U.S. Government Officials, and commercial bribery. (ii) "Government Official" shall mean any (i) official or employee of a U.S. or non-U.S. government body, department, agency, instrumentality, or government -controlled entity, or a public international organization; (ii) political party or official thereof, or candidate for political office; or (iii) person acting in an official capacity for or on behalf of any of the foregoing. (iii) "Prohibited Payment" shall mean any direct or indirect payment, offer, promise or authorization of money or anything of value, to a Government Official or to any other person (i) for the purpose of influencing any act by or decision of such Government Official or such person in order to obtain or retain business or to direct business to any person, or securing any improper advantage, or (ii) when such offer, payment, Exhibit E - 13 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 128 4.7.b promise or authorization would be unlawful under applicable laws, including commercial bribery laws. [Signatures on following page] Exhibit E - 14 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 129 4.7.b IN WITNESS WHEREOF, the Party hereto have caused this Agreement to be executed effective as of the date set forth on the first page of this Agreement. LICENSOR: a By: Name: Title: LICENSEE: a By: Name: Title: Exhibit E - 15 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 130 4.7.b Exhibit A THE LICENSED AREA Exhibit E - 16 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 131 4.7.b Exhibit B PARK AND RIDE RULES AND REGULATIONS Licensee, Licensee's users and vendors shall faithfully observe and comply with the following Rules and Regulations. Licensor nor Licensor's agents or employees shall not be responsible to Licensee for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other licensee or occupants of the Park and Ride. 1. Use of the Parking Facility is at the Licensee or Licensee's user's own risk. Licensor/Manager will not be responsible or liable for any loss or damage to any vehicle or personal property left in the vehicle from fire, theft, collision or any other form of damage or loss occurring while the vehicle is at the Parking Facility. 2. Licensee users and vendors may enter and exit the Parking Facility using the designated Access Roads outlined in Exhibit A or as may be designated by Licensor/Manager. 3. Licensee and Licensee's users are to use designated parking spaces only. Vehicles parked outside of those designated parking spaces are subject to tow, fine, loss of privilege or other punitive measures. 4. All vehicles are to be properly parked within the lines indicating a single parking stall. Vehicles parked improperly or in grossly negligent manner are subject to tow, fine, loss of privilege or other punitive measures. 5. Extended storage of vehicles and/or sleeping in vehicles is not permitted. Vehicles left in the Parking Facility for longer than one week shall be considered abandoned and shall be subject to towing from the parking lot at vehicle owner's expense. 6. Parking Facility may not be used for automobile repairs, windshield replacements, car washing, barbeques, or parties. 7. Licensee, Licensee's users and vendors agrees to follow the instructions of Manager's personnel and/or posted signage. 8. Licensor/Manager reserves the right to exclude or expel from the Parking Facility any person who, in the judgement of the Licensor/Manager, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of these Rules and Regulations. Licensor/Manager reserves the right at any time to change or rescind any one or more of these Rules and Regulations, or to make such other and further reasonable Rules and Regulations as in Licensor/Manager's judgment may from time to time be necessary for the management, safety, care and cleanliness of the Parking Facility and for the preservation of good order therein, as well as for the convenience of other licensees therein. Licensee shall be deemed to have read these Rules and Regulations and to have agreed to abide by them as a condition of its use of the Parking Facility. Exhibit E - 17 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 132 4.7.b Licensor/Manager may waive any one or more of these Rules and Regulations for the benefit of any particular licenses, but no such waiver by Licensor/Manager shall be construed as a waiver of such Rules and Regulations in favor of any other licensee, nor prevent the Licensor/Manager from thereafter enforcing any such Rules or Regulations against any or all Licensees of the Park and Ride. Licensor/Manager shall not be responsible to Licensee or to any other person or entity for the non- observance or violation of these Rules and Regulations by any other licensee or other person or entity. Exhibit E - 18 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 133 4.7.b EXHIBIT F APPROVAL OF REVISED STANDARD PARKING SPACE LICENSE AGREEMENT LICENSEE: Pursuant to Section 8.2 of the Declaration of Covenants, Conditions and Restrictions (Park & Ride — Lot 8 of Koll Dublin Corporate Center) between DUBLIN CORPORATE CENTER OWNERS ASSOCIATION, formerly known as Koll Dublin Corporate Center Owners Association (the "Association"), and the CITY OF DUBLIN (the "City"), the City hereby approves the attached Revised Standard Parking Space License Agreement for the use by the Association and the above -named Licensee for the purposes of the private commuter bus parking program. The Association acknowledges this approval applies only to the above -named Licensee and does not affect the required use of the Standard Parking Space License Agreement for any other Licensee. This approval shall expire upon the expiration or termination of the attached Revised Standard Parking Space License Agreement. Any modification or amendment thereto, including the term thereof or fees charged therein, shall require approval by the City. CITY OF DUBLIN, a municipal corporation of the State of California By: DUBLIN CORPORATE CENTER OWNERS ASSOCIATION, a nonprofit mutual benefit corporation, incorporated under the laws of the State of California By: Name: Name: Title: Title: Date: Date: Exhibit F — 1 Attachment: 2. Exhibit A to the Resolution - First Amendment to the CC&Rs (DCC Park and Ride 1st Amendment) 4828-7963-6937, v. 1 Packet Pg. 134 4.7.c Recording Request By. Fidelity National Title Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Allen Matkins Leck Gamble & Mallory LLP 333 Bush Street, 17th Floor San Francisco, California 94104-2806 Attention: Nancy Lundeen, Esq. 200145113 11120/2001 OQ . 30 API OFFICIAL RECORDS of RECORDING FEE: 67.00. •RLAMEDA COUNTY PATRICK O'CONNELL f 11 i i i i V PGS (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PARK & RIDE — LOT S OF KOLL DUBLIN CORPORATE CENTER) This Declaration of Covenants, Conditions and Restrictions (this "Declaration") is made as of citlros-ele 4 , 2001 by KOLL DUBLIN CORPORATE CENTER OWNERS ASSOCIATION, a non-profit mutual benefit corporation (the "Association") and. the CITY OF DUBLIN, a municipal corporation -Of the State of California (the "City"), with respect to the facts set forth below. RECITALS: A. The Association is a non-profit mutual benefit corporation, incorporated under the laws of the State of California to maintain and repair that certain "Project Comma on Area" established pursuant to the recordation of that certain Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Koll Dublin Corporate Center (the "Original CC&Rs"). The Original. CC&Rs were recorded on August 30, 1999, as Instrument No. 9933.1259 in, the Official 'Records of Alameda County, State of California for the purpose of establishing certain covenants, conditions and restrictions for Kali Dublin Corporate Center (the "Project"). Concurrently herewith, the Original CC&Rs are being amended. and restated in their entirety by that certain Am ended and .Restated Declaration of Covenants„ Co editions and Restrictions and Grant of Easements for Koll Dublin Corporate Center, dated as of .O7):' :y2001, and recorded concurrently herewith (the Original CC&Rs, as so amended and as the same rnd be further amended from time to time, are referred to herein as the "Master CC&Rs"). B. Initially capitalized terms in this Declaration which appear as defined terms in the Master. CC&Rs shall have the meaning given to such terms in the Master CC&Rs, except as herein provided. C. Concurrently herewith, Koff Dublin Corporate Center, L.P., a Delaware limited partnership ("Developer"), is conveying to the City by Grant Deed fee simple title to that c ertain real property located in the City of Dublin, County of Alameda, consisting of Lot 8.of Tract Map No. 7147 filed August 24, 1999, Map Book 247, at pages 84-91, Alameda County Records (Series No. 99-323442) (the "Park and Ride Lot"). In connection with said conveyance, and pursuant to the Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.011/SF K5o64-001/9-28-o i mii",i - Packet Pg. 135 4.7.c (Series No. 99-323442) (the "Park and Ride Lot"). In connection with said conveyance, and pursuant to the terms of the Master CC&Rs, the Park and Ride Lot has been deleted from the coverage and encumbrance of the Master CC&Rs, and shall instead by governed by the terms of this Declaration. D. Concurrently herewith, the following documents are being recorded in the Official Records of Alameda County, California: (i) that certain Grant of Easement executed by Developer in favor of the City and (ii) that certain Grant of Easement executed by the Surplus Property Authority of Alameda .County (the. "County") in favor of the City (the Grant Deed referred to in Recital C above and the Grants of Easement referred to in this Recital D are collectively referred to herein as the "Conveyance"), By the terms of the Conveyance, Developer has granted to the City all of its right, title and interest in and to the Park and Ride Lot, and Developer and the County have granted to the City certain easements over portions of the Project, all as more particularly described in the Conveyance. E. Pursuant to this Declaration, the Association has agreed to maintain and repair in perpetuity the Park and Ride Lot and the improvements located thereon,' all as more particularly set forth in this Declaration, subject to the City's right to assume all or a portion of such duties as set forth below. F. The Association and the City may sometimes hereinafter be referred to individually as a "Party" and collectively as the "Parties". NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Association and the City hereby agree as follows: AGREEMENT: Duties of the Association 1.1 Operation, Maintenance and, Repair of Park and Ride Lot. The Association shall operate, maintain and repair the Park and Ride Lot and the improvements located thereon. Such operation, maintenance and repair shall include, without limitation, the following: (a) maintenance of the surface of all parking areas located within the Park and Ride Lot in a clean, safe and first-class condition, including (except as otherwise specified on Exhibit A-4 attached hereto) the paving and repairing or surfacing and resurfacing of such area when necessary with the type of material originally installed therein, or such substitute therefor as shall in all respects be equal thereto in quality, appearance and durability; the removal of debris and waste materials and the washing or sweeping of paved areas as required; the repair of any ruts or potholes in the asphalt as required; and the painting and repainting of the center line dividers, striping, markers and signs as required; (b) cleaning, maintaining and relampingof any external lighting fixtures and related fixtures located within or adjacent to the Park and Ride Lot as depicted on Exhibit A-1 attached hereto (except as otherwise specified on Exhibit A-1 attached hereto); Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.07ISF K5064.002/8-7-01 /nl/n1 -2- Packet Pg. 136 4.7.c (c) performance of necessary maintenance of all landscaping as required anywhere within or adjacent to the Park and Ride Lot as depicted on Exhibit A-2 attached hereto (except as otherwise specified on Exhibit A-2 attached hereto) following the initial installation of such landscaping, including, without limitation, trimming, watering and fertilization of all grass, ground cover, shrubs and trees, removal of weeds, removal of dead or waste material and replacement of any dead or diseased grass, ground cover, shrubs or trees; (d) the maintenance and repair of the irrigation equipment and all other "Park & Ride" improvements currently located on or adjacent to the Park and Ride Lot as depicted on Exhibit A-2 attached hereto (except as otherwise specified on Exhibit A-2 attached hereto) as may be necessary or appropriate from time to time, including the removal of any trash, debris and graffiti therefrom; (e) the cleaning and maintenance of the storm drains (including the storm drain filter system) on or adjacent to the Park and Ride Lot as depicted on Exhibit A-3 attached hereto (except as otherwise specified on Exhibit A-3 attached hereto); (f) the periodic repaving of the Park and Ride Lot as required and the periodic restriping of the parking stalls on the Park and Ride Lot as required (except as otherwise specified on Exhibit A-4 attached hereto); (g) arranging for electricity for the street lights to light the Park and Ride Lot (except as otherwise specified on Exhibit A-1 attached hereto) from dusk to daylight; (h) arranging for electricity for the irrigation system located on the Park and Ride Lot (except as otherwise specified on Exhibit A-2 attached hereto); and (i) arranging for water for the landscaping to be provided to the Park and Ride Lot (except as otherwise specified on Exhibit A-2 attached hereto). 1.2 Standards for Maintenance. The Association shall operate and maintain the Park and Ride Lot in a neat, orderly, safe and first-class condition and in such a mariner as to enhance its appearance, maintain established slope ratios, prevent erosion or sliding problems, and to facilitate the orderly discharge of water through drainage systems and facilities established over the Park and Ride Lot. No structure, planting or other material shall be placed or permitted to remain, or other activities undertaken on any area within the Park and Ride Lot which might create erosion or sliding problems, or interfere with established or existing natural. drainage systems or facilities. 1.3 Casualty Insurance. The City shall obtain and maintain a master or blanket policy of fire and casualty insurance with extended coverage in an amount equal to one hundred percent (100%) of the full replacement value (replacement cost including debris removal and demolition) of the improvements to the Park and Ride Lot (including all building service equipment and the like), with an "agreed amount endorsement" or its equivalent and clauses waiving subrogation against the Association and the City. Such insurance shall afford protection against loss or damage by fire and other hazards covered by the standard extended coverage endorsement, and by sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief, windstorm, water damage, and such other risks as shall customarily be Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.07/SF 1:.5064-002/8-7-O 1 /nIhii -3- Packet Pg. 137 4.7.c malicious mischief, windstorm, water damage, and such other risks as shall customarily be covered with respect to similar developments in similar areas. At the City's option, the Foregoing insurance may be provided through a self-insurance program. 1.4 Liability Insurance. The City shall procure and keep in force public Liability insurance in the name of the City .against any liability for personal injury or property damage resulting from any occurrence in or about the Park and Ride Lot in an amount not less than Two Million Dollars ($2,000,000.00) and indemnity against the claims of one or more persons in one or more accidents or events, and not less than Five Hundred Thousand Dollars ($500,000.00) for damage to property. At the City's option, the foregoing insurance may be provided through a self-insurance program. The Association shall be named as an additional insured under the foregoing insurance policy or, to the extent feasible, under the foregoing self-insurance program. Each Vendor (as defined in Section 4.1 below) shall procure and keep in force public liability insurance against any liability for personal injury or property damage resulting from any occurrence in or about the Park and Ride Lot in an amount not less than Two Million Dollars ($2,000,000.00) and indemnity and defend against the claims of one or more persons in one or more accidents or events, and not less than Five Hundred Thousand Dollars ($500,000.00) for damage to property. The City and the Association shall each be named as an additional insured under the foregoing insurance policy maintained by each Vendor. 1..5 Copies of Insurance. Copies of all insurance policies, or certificates thereof, showing the premiums thereon to have been paid, or reasonable evidence of a self-insurance program shall be retained by the City and shall be open for inspection by the Association at any reasonable time. All such insurance policies shall provide that they are not cancelable by the insurer without first giving at least ten (10) days prior written notice to the Parties and their mortgagees. 1.6 City's Right to Assume Responsibility for Duties. The City may at any time, upon at least thirty (30) days' prior notice to the Association, assume responsibility for all or.a portion of the Association's duties (as well as all of the costs associated therewith) set forth in this Section 1 as specified in the City's notice (the "Assumed Obligations"), provided that such notice is accompanied by an assumption agreement in the form of Exhibit B attached hereto in which the City expressly assumes responsibility for the Assumed Obligations in accordance with the standards set forth in Section 1.2 above effective as of a date specified in such assumption agreement, which date shall be not earlier than thirty (30) days after the date the City gives such notice to the Association; . and further provided that the City shall not be permitted to assume responsibility for all or any portion of the Association's duties set forth in this Section 1 which relate to any portion of the Project not located on the Park and Ride Lot. 2. Responsibility for Costs. All costs incurred by the Association in operating, maintaining, repairing, and insuring (or self -insuring) the Park and Ride Lot (collectively, "Park and Ride Lot Maintenance Costs"), including any reasonable and customary administrative fee charged by the management company engaged by the Association in accordance with Section 4 below, shall be reimbursed by the City to the Association. The Association shall not charge any fee .for the services that it performs pursuant to this Declaration. To the extent that the contracts entered into by the Association withrespect to all or any portion of the services or duties described in Section 1 above also cover the remainder of the common areas in the Project, the 539356.08/SF K5064-002/9.2.5-01/n]/nl -4- Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, Packet Pg. 138 4.7.c Park and Ride Lot Maintenance Costs shall include an allocated share of the fees and costs owing under such contracts based on the allocation of expenses set forth in Exhibit C attachedco hereto, which allocation shall be subject to modification only with the prior written consent of the Association and the City's Director of Public Works. o ti 3. • Payment of Park and Ride Lot •Maintenance Costs. The Park and Ride Lot 0 Maintenance Costs shall be paid by the City to the Association as follows: 3 o 3.1 Proposed Budget. The City hereby approves the initial budget (the c "initial Budget") for the Park and Ride Lot Maintenance Costs for the calendar year January 1, 2001 — December 31, 2001 (prorated for the partial year), including the scope of work set forth °' cu therein. The City's responsibility for its allocated share of Park and Ride Lot Maintenance Costs o shall start on November 1, 2001. A copy of the Initial Budget is attached hereto as Exhibit D. o On or before October 1 of each subsequent calendar year, the Association shall deliver to City a c0 proposed budget for the Park and Ride Lot Costs for the subsequent calendar year (i.e., January 1 — December 31), which shall address the scope of work to be performed by Vendors (as defined o below) during such calendar year. In the event the City does not provide the Association with c written approval or disapproval of the proposed budget on or before thirty (30) days after receipt ,i- thereof, the City shall be deemed to have approved such proposed budget. The City and the 00 Association shall agree on a budget for the Park and Ride Lot Maintenance Costs for each o upcoming calendar year on or before December 1 of each year. In the event the Parties have not agreed upon such a budget for a particular year on or before December 1, the budget for such R upcoming year shall be equal to one hundred five percent (105%) of the budget in effect for the then current calendar year until the Parties have agreed upon the budget. Notwithstanding the ca foregoing, the City's approval shall not be required with respect to the budget for the Park and a Ride Lot Maintenance Costs for any particular calendar year, unless (i) the budget for such year c exceeds one hundred five percent (105%) of the budget in effect for the immediately preceding P o year or (ii) the scope of the work provided for in the budget is materially different from the scope of the work set forth in the budget in effect for the immediately preceding year.co 3.2 Reserves. The budget shall include reserves in reasonable amounts, as e reasonably determined by the Association, but not to exceed ten percent (10%) of the annual c o budget, except as otherwise may be required by applicable law. P c 3.3 Payment of Assessments. The City shall pay to the Association, at anyo time and from time totime, within thirty (30) days after receipt of an invoioe from the ui Association, any Park and Ride Lot Maintenance Costs which have been incurred by the cc Association as of the date of such invoice. 0 U 3.4 Audit. Within one (1) year after receipt of any Park and Ride Lot expense c statement, the City may audit such statement. If it shall be determined as a result of such audit o that the City has paid in excess of the amount required pursuant to this Declaration, then such 5 overpayment shall be credited toward the next installment that would otherwise be due. In addition, if the City paid in excess of five percent (5%) over the amount that the City should o have paid (as determined by the audit), then the Association shall pay all of the City's reasonable M costs and expenses connected with such audit. The City may, at any reasonable time and upon c reasonable notice to the Association, and at the City's expense, inspect the books and records E 0 1 a 539356.08/SF K5064-002/9- 13.01 /711/n1 -5- Packet Pg. 139 4.7.c maintained by the Association with respect to the Park and Ride Lot during regular business hours at the Association's office or such other location as such books and records may be kept. 4. Employment of Vendors, 4.1 Selection of Vendors, Subject to the City's rights set forth in Section 1.6 above and Section 4.2 below, the Association shall contract with licensed, bonded and otherwise qualified and reputable persons or entities (collectively, "Vendors") to.perform the duties of the Association under this Declaration. Each Vendor shall be required to maintain liability insurance in accordance with Section 1.4 above. 4.2 City's Right to Terminate Vendor's Services, Upon at least forty-five (45) days' prior notice to the Association, the City may require the Association to terminate its contract with any Vendor to the extent that such contract relates to the Park and Ride Lot and to replace such Vendor with a new Vendor. 4.3 Vendor Contracts, The City hereby approves the initial contracts for the performance of the duties of the .Association under this Declaration, a description of which is included in the initial budget described in Section 3.1 above. 4.4 Change in Scope of Vendor's Contract. In the event of any material change (with respect to the Park and Ride Lot) in the scope of the work relating to the Park and Ride' Lot and covered by the Association's contractwith a Vendor from the scope of work provided for in the contract approved by the Parties as part of the initial budget for .the Park and Ride Lot Maintenance Costs or any subsequent budget approved by the Parties or otherwise approved by both Parties, such change in scope shall require the approval of the City's Director of Public Works. The City agrees to cause its Director of Public Works tO approve or disapprove any material change in the scope of the Association's contract with a Vendor by notice given to the Association within thirty (30) days after the Association's notice to the City requesting such approval. If the City's Director of Public Works disapproves such material change in the scope of the Association's contract with a Vendor, the City's notice to the Association disapproving such material change shall include the specific reason(s) for such disapproval. If the City fails to notify the Association of its approval or disapproval of such material change within such thirty (30) day period in accordance with this Section 4,4, then such material change shall be deemed to have been approved by the City's Director of Public Works. 5. Default 5.1 Cure of Defaults of the Association. In the event the Association fails to timely perform its obligations hereunder, the City may notify the Association and its mortgagee, if any (if the address of such mortgagee has been provided to the City), of such failure in writing. Within ten (10) business days of its receipt of such notice, the Association shall cure such failure; provided, that, if such failure cannot be reasonably cured within. such ten. (1 0) business day period, the Association must commence to cure such failure within such ten (1 0) business day period and diligently pursue such cure to completion within a reasonable period of time, which in no event shall be greater than one hundred twenty (120) days following the delivery of the above referenced notice. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.08/SF K5064-002/943.01 /n1/nl Packet Pg. 140 4.7.c 5.2 No Waiver. The failure of either Party to enforce any provision of this Declaration or to seek redress for any breach of the provisions hereof shall in no event be deemed a waiver or the rightto do so thereafter. 5.3 Defaults of the City. In the event any sum of money payable by the City to the Association pursuant to any provision of .this Declaration is not paid when due, and after the City has been notified in writing of such default and the expiration of any applicable grace period set forth herein or a reasonable period of time not to exceed thirty (30) days if there is no such express grace period, the Association shall have the right to file a demand for mediation against the City in accordance with Section 10.13 below seeking an award against the City requiring the City to pay such sum of money and, if such mediation is unsuccessful, thereafter to pursue' such claim in any court of competent jurisdiction. 5.4 Suspension of Obligations. In the event that any sum of money payable by the City to the Associationpursuant to any provision of this Declaration is not paid when due, and after the City has been notified in writing of such default and the expiration of any applicable grace period set forth herein, or a reasonable period of time not to exceed thirty (30) days if there is no such express grace period has occurred, then the Association shall have the right to suspend the performance of its obligations under this Declaration until such default is cured in full. The City agrees to pay any additional costs resulting from the Association's suspension of performance of .its obligations under this Declaration in accordance with this Section 5.4. 6. Rights of Enioyment; Easements 6.1 Damage to Park and Ride Lot. The City and the Association hereby waive any right of recovery against the other for . damage, injury or loss covered by the insurance required to be maintained under Section 1.3' above or otherwise covered by insurance or self- insurance maintained by one of the Parties. 6.2 Grant of Easements to the Association. The City hereby grants to the Association an easement or easements over such portions of the Park and Ride Lot as are necessary to gain access to the Park and Ride Lot and any facilities or improvements located thereon for the purpose of carrying out the duties of the Association under this Declaration. 7. . Project Expenses for Access Roads. Notwithstanding anything to the contrary contained in this Declaration, and irrespective of the City's election to assume the Assumed Obligations pursuant to the terms of Section 1.6 above, the Parties acknowledge and agree that (a) pursuant to the terms of the Master CC&Rs, the Association is responsible for maintaining the Entry Driveways (which include the access roads to the Park and Ride Lot described in Exhibit A-4 attached hereto (the "Access Roads")) and .(b) the Park and Ride Lot derives significant benefits from the Association's maintenance of the Access Roads. As such, the term "Park and Ride Maintenance Costs" shall also include the City's allocated portion of the Project Expenses for the Access Roads based upon the allocation of expenses set forth in Exhibit C attached hereto, which allocation shall be subject to modification only with the prior written consent of the Association and the City's Director of Public Works. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.08/SF 1(5064-002/9.13-01 /0111 -7- Packet Pg. 141 4.7.c 8. Use. The Parties acknowledge and agree that the Park and Ride Lot shall be used solely for the purposes of the development and operation of a customary "Park and Ride" facility designed to provide commuter parking and busing services to the general public, and for no other purpose, except as may be agreed to in an amendment to this Declaration made in accordance with the terms of Section 10.9 below. 9. Taxes and Assessments. The City shall, at its sole cost and expense, pay when due, all real estate taxes, special taxes and assessments which may be levied, assessed, or charged by any public authority against the Park and Ride Lot, the improvements thereon or any other part thereof, including, without limitation, all common areas located thereon. If the City fails to pay such taxes and/or assessments when due, the Association shall have the right to pay such taxes and/or assessments and shall be reimbursed by the City for any such taxes and assessments paid as additional Park and Ride Lot Maintenance Costs. 10. Miscellaneous 10.1 Breach Shall Not Defeat Mortgage: Mortgagee Not Liable for Pre - Foreclosure Obligations. A breach of any of the terms, conditions, covenants, or restrictions of this Declaration shall not defeat or render invalid the interest or lien of any mortgagee, but all such terms, conditions, covenants and restrictions shall be binding upon and effective against any person or entity that acquires title to any portion of the Project by foreclosure, trustee's sale or otherwise. On taking title, the foreclosure -purchaser shall only beobligated to pay assessments or other charges levied or assessed after the foreclosure -purchaser acquired title. 10.2 .. Captions. The titles, headings and captions used in this Declaration are for convenience only and shall not be considered nor referred to in resolving questions of interpretation and construction. 10.3 Governing Laws. This Declaration shall be construed in accordance with the laws of the State of California. 10.4 Counterparts. This Declaration may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. 10.5 Severability. Invalidation of any one or a portion of these covenants, conditions or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 10.6 Singular Includes Plural. Whenever the context of this Declaration requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. 10.7 Attorneys' Fees. In the event any action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto reasonable attorneys' fees and costs of such suit as determined by the court as part of the judgment. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.08/SF K5064-002/9.13.01 htl/ril -8- Packet Pg. 142 4.7.c 10.8 Notices. All notices or oilier communications provided for herein shall be in writing and shall be given (i) by personal delivery, or (ii) by United States mail, registered or certified, return receipt requested, first-class postage prepaid, or (iii) by reputable overnight courier service (e.g., Federal Express), and such notice shall be effective upon deliverythereof to the party being given notice, and shall be addressed to the following address(es) or such other address(es) as may hereafter be designated in a notice to the other party: To the Association: Koll Dublin Corporate Center Owners Association 4125 Blackhawk Plaza Circle, Suite 200 Danville, CA 94506 Attn: Mr. Michael G. Parker with a copy to: To the City: with a copy to: Transwestern Commercial Services 4140 Dublin Boulevard, Suite 120 Dublin, CA 94568 Attn: Ms. Jennifer Koidal City Manager City of Dublin P.O. Box 2340 100 Civic Plaza Dublin, CA 94568 Director of Public Works City of Dublin P.O. Box 2340 100 Civic Plaza Dublin, CA 94568 10.9 Amendments. Except for Section 10.10 below, all approvals called for in this Declaration, including the approval of any budget for the Park and Ride Lot Maintenance Costs, and all modifications or amendments to this Declaration shall be subject to the written consent of the Parties or their respective successors and assigns. 10.10 Termination. This Declaration may be terminated only with the written consent of the Parties or their respective successor and assigns and their mortgagees, if required under applicable mortgage documents. 10.11 Covenant Running with the Land. This Declaration and the rights,, duties, obligations, covenants, benefits and burdens set forth herein shall be covenants ntnning with the land in accordance with California Civil Code Section 1468 and shall be binding upon the Parties, future owners or encumbrancers and their respective successors and assigns during their respective period of ownership. 10.12 Estoppel Certificate. Each Party shall within ten (10) days after receipt of a notice from the other Party (the "Requesting Party") execute and deliver to the Requesting Party a statement in writing confirming that this Agreement is in full force and effect, identifying all amendments hereto, if applicable, and specifying any known defaults, or confirming that no Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.O8/SF K5064-002/9-13.01 /n 1/n1 _9_ Packet Pg. 143 4.7.c such defaults exist on the part of either Party, plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Parry.: 10.13 Mediation of Disputes. (a) Negotiation. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of 'or relating to this Declaration. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice shall respond in writing within five (5) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten (10) business days of the date of the initial notice in. order to exchange relevant information and perspectives, and to attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter will be submitted to JAMS, or its successor, for mediation. (b) Mediation. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Declaration may be commenced until the matter has been submitted to JAMS, or its successor, for mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non - discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status- quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a•civil action, if the parties so desire. The provisions of this Section 10.13(b) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered. [SIGNATURE BLOCKS ON NEXT PAGE] Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539336.08/SF K5064-002/9.13.01 /n1/111 -10- Packet Pg. 144 4.7.c IN WITNESS WHEREOF, the parties have executed this Declaration as of the date first written above. "ASSOCIATION" KOLL DUBLIN CORPORATE CENTER OWNERS ASSOCIATION, a California non-profit mutual benefit co •oration By: By: Name: MICIW L 6 . ?4 Ute. Title: 5,,e,kiie,g_ Vre,e 7 SI ..U , 7�`"Ce N Name: Title: "CITY" CITY By: �F DUBLIN, a m '.cipal corporation s: AYQ.. 7fp0 ACE ATTEST:. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.06/SP K5064-002/9-13-01 /nl/n1 -11- Packet Pg. 145 4.7.c STATE OF 414‘ COUNT' OF a Notary Public .,M•;vP mod., , c� d .V , before me, On N� t � person in and for said state, personally appearedevidence) to be the p personally known to me (or proved to me on the basis of satisfactory the within instrument and acknowledged to thatmethe hie/she executed t whose namein ish subscribed uth to his/her signature o he the same in his/her authorized capacity, .and that by acted, executed the instrument. person, or the entity upon behalf of which the person WITNESS my hand and official seal. ) ss. 539356.011/Sr K 5064.007/9.13.01 /01i 1)1 (71;26 Notary Publican and for said State (SEAL) JEFFREY LOGAN Comm. # 1232721 Y�a • J NQYKi•G1� xas Y! 7t^1 /I GOW%Y wA My Comm• Eupx�t • t IOW Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, Packet Pg. 146 4.7.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A A State of Caiiforni Co unty of On fo/il/o/ data personally appeared :-aN,,:.i.�.�aS�i]5::�.4; aSS•.iR.vac,�S.aa..�aa.:aS.ear..•�.A�3S..ria:va�,.v.;S�'3r;scxY.•:$t;•�..dar:.a3.4;sb,...�vk,.d$.f.: �T!'+�a.�l'a!�as.,vi.�;:�i..�c,:�rj'� SS. , before me,MY kiEck, AlignigY P'ZL(C • Name and Ile of Officer (e.g., "Jane Doe, Notary Public") d AA/E7 /Qcxt/P-r e(s) of signer(s) ❑ personally known to me JX proved to me on the basis of satisfactory evidence to be the person f j' whose name ] is/,,ore subscribed to the within instrument and acknowledged to me thatj41/she/tiey executed the same in /her/fir authorized capacity(, and that by ,tr'rs/her/'tr signatureisl on the instrument the persoa(.'j, or the entity upon behalf of'which the person,( acted, executed the instrument. 1rAY KECI Onmiolon # 1210069 Alameda County My Comm. *piresNOvl ,Z104 Place Notary Seal Above WITNESS OPTIONAL Though the Information .below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removalandreattachment of this form to another document. Description of Attached D ment ter- 1L %/Ate Title or Type of Document: the L7 Document Date: • 7—ep Q"L /to Or Number of Pages: Signer(s) Other Than Named Above: icial seal. ry Public Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — 0 Limited ❑ General ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Firy P tti6e.../A RIGHTTHUN OF.StGri PRINT R Top of thumb here /,>:'._!:�•rr ri. i,•.-r6',:'er6�✓,`e{G-rrr.�eYG�ciii rf;ZgY6-cr,. -qr, r -ci,-, {G�.•rri;.•r, rrr,-r�,-rr; ./d'�iL�.•YG-rY:�ir�rr.'.Y<'ei: rr,�rr4 rr: cY,G-rY:'r�< a G ✓'.•rr„�nr6 ,v4vv.. 01899 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.nationelnotary.org Prod. No, 5907 Reorder: Call Toll -Free 1-800.876.5827 Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, Packet Pg. 147 C4g znamiLL " CF1:1410 .',. 4 S.C1, A 1 A i 1 , _Pr ' .,P•.... 4.,...4,''' ';c;'1, ••••.;-..-4;••••):,,,,v-,' 1 I) ..t.:::.....'„,‘„..-:;:•;,-,-., i.,,, '•-•$•;';',0„,':."‘ ....j ! i •-. ; '",°•,..f^, I i '.*I'' '4,,e• /' 14o 1 ,. q• . '.'- I 0; t i 1,f4 1.6 10• I '44, '•' -... 1___ ,_,----'7 --- . ., fo-i LE3+4s. di ra 47lio akTnialvvi crvou V2YRISSVI 0 ! -....... , ( q •11 0 1 - - ) 1- _......_r_ej _41 4 -011/41 x /'-.:( .4 ..,•••-.. „.,_,,-._......„_,--- '`...."`10-k..-•,....-s..... ,-\ ..."...-----' -- /11,1 ..-.... ..-.., ''T(1?•!4i:saV:P'SV,,. oh --4-:, y - ? . --...., ,.,,, ,,, .,11 •4.-,11 \ : '7, •N,, a om.4 ' ri CC \•••• -4 '1 ..... , X .••••r • -L-; , t!' • - , -- • 44-1.129.lp 01'33.33V aNrliD.EVIN diith 4[40,g , ..• • •si . • --r•••-t,S) Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, Packet Pg. 148 CIVON IrdViVSSVI, r 4 , •L 1Laa}15 '217,.raw aNrimDlytA 1 . 1 ; I.;111 14'); ---3.11--.7-4.-1---''''' '1, • 1--7,3-"--1-1- I ;1 I .13At'il,1 (1,1, Imam° 2tttruiD,LY141 C Z. c • 4 \ a t 4 LI Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 1 Packet Pg. 149 11. . • • ! • i..4 IghtOrilt -h4 0011 „ty t tttsWi4hatttif.ktvfolv.tC,v4,,,ENI.,;•ciittati,..tv.,•1 .--...... ... L.1_...p. 4 . ___..! c4...7:.,.„,:7,-...;...-v.t...7:=7.-_-,:::::::...,,.. 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Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, Packet Pg. 150 4.7.c DUBLIN BOUI!VAND r FUTURE PHASE 4 FUTURE BUILDING 4 4t .0,45 q15, FUTURE PHASE • BUILDIN 2 r, INTERSTATE-580 I i 0 Access Easement Citv Euhlbit A4 ) Paving Plan z 0 0 co 0 06 co 0_ 0 4- •,7 U) co 0 -0 0 4- co 0 9- co co 7.) ceic.) Packet Pg. 151 4.7.c EXHIBIT B ASSUMPTION AGREEMENT Pursuant to Section 1.7 of that certain Declaration of , Covenants, Conditions and Restrictions (Park & Ride — Lot 8 of Koll Dublin Corporate Center) (the "Declaration"), which was recorded on , 2001, as Instrument No. in the Official Records of Alameda County, California, the CITY OF DUBLIN, a municipal corporation of the State of California, hereby assumes responsibility for performing the following duties in accordance with the standards set forth in Section 1:2 of the Declaration, which assumption shall be effective as of the Effective Date set forth below: [List assumed duties] As of the Effective Date,Ko11 Dublin Corporate Center Owners Association, a non-profit mutual benefit corporation, shall be released from its obligation to perform the foregoing duties. Effective Date: CITY OF DUBLIN, a municipal corporation By: Its: ATTEST: 'City Clerk Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.08/SF K5064-002/9-13-01 /n1/n1 Packet Pg. 152 EXHIBIT C 4.7.c ALLOCATION OF EXPENSES. The City's share of the expenses incurred by the Association pursuant to Section 1.1 and Section 7 of the Declaration shall be as follows: Cate,gory of Expenses Section 1.1(a) (parking area) Section 1.1(b) (lighting fixtures) Section 1.1(c) (landscaping and trash, debris and graffiti removal) Section 1.1(d) (repair and replacement of irrigation equipment) Section 1.1(e) (storm drains) Section 1.1(f) (repaving and restriping) Section 1.1(g) (electricity for street lights) Section 1.1(h) (electricity for irrigation system) Section 1:1(i) (water for landscaping) Section 7 (Project Expenses for Access Roads) Citv's Share Percentage of Assessed Area* Percentage of Light Poles** Percentage of Assessed Area 100% of costs incurred to repair irrigation equipment located only on or adjacent to the Park and Ride Lot as depicted on Exhibit A-2 (except as otherwise specified on Exhibit A-2) Percentage of Catch Basins*** Percentage of Assessed Area Percentage of Light Poles Percentage of Assessed Area Percentage of Assessed Area Percentage of Assessed Area "Percentage of Assessed Area" means a fraction, the numerator of which is the gross square footage of the land area of the Park and Ride Lot and the denominator of which is the total gross square footage of the, land area of the Assessed Lots plus the gross square footage of the land area of the Park and Ride Lot. "Assessed Lots" nneans all Lots in the Project with respect to which either (i) the Lot has been conveyed by the Surplus Property Authority of Alameda County to a third party or (ii) the construction of the first building on the Lot has commenced, whichever occurs -first. "Percentage of Light Poles" means a fraction, the numerator of which is the total number of light poles on the Park and Ride Lot and the denominator of which is the total number of light poles 'in the Project Common Area and the Park and Ride Lot. "Percentage of Catch • asins" means a fraction, the numerator of which is the total number of catch basins on the Park and Ride Lot and the denominator of which is the total number of catch basins in the Project Common Area and the Park and Ride Lot. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, 539356.O8/SF Packet Pg. 153 4.7.c EXHIBIT D-1 METHOD OF MAINTENANCE COST BREAKDOWN TOTAL # Kali %Koll # Dublin % Dublin Acce TOTAL SITE (Lots 4,5,6 & 8) ASSESSED AREA (AC) 20.346 (Lots.4;5,& 6) '18.638 91.61% (Lot 8) 1.708 8.39% N/A ASSESSED ACCESS AREA for AC Paving 20.346 17.409 91.07% 1.708 8.93% 1.229 Light Poles (#) 100 93 93% 7 7% Catch Basins (#) 22 18 `81.80% 4 18.20% Irrigation N/A actual cost incurred indesignated areas. actual cost incurred indesignated areas. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Packet Pg. 154 4.7.c • EXHIBIT D-2 BUDGET 2001— 2002 (assume increase 5%i- iNOV. '01 DEC.'01 JAN.'02 FEB. '02 MAR'02 IAPR.'02 !MAY'02 JUNE'02 PARKING: MONTHLY 340 , 340 357 357 357 . 357 357 357 Total Cost 8.39 % Dublin 29 29 30 30 30 •30 3D 30 91.61 % Koll 311 311 327 327 . 327 327 327 327 LIGHTING POLES: QUARTERLY 1000 1000 1575 1575 1575 1575 1575 1575 Total Cost 7% Dublin o 7o 0 0 110 0 0 110 93 % Koll 0 930 . 0 0 1465 0 0 1465 LANDSCAPING: MONTHLY 3450 3450 3623 3623 3623 ' 3623 3623 3623 Total Cost 8.39 % Dublin • 289 289 304 304 - 304 304 304 91.61% Koll 3161 3161 3319 3319 _304 3319 3319 .3319 3319 IRRIGATION: AS NEEDED Total Cost of Park arid Ride , 100% Dublin 50 50 53 53 53 53 53 53 100% Koll STORM DRAINS: MONTHLY 238 . 238 251 251 251 251 251 251 Total Cost 18.2% Dublin 43 43 46 46 46 46 46 •46 81.8 % Koll - 195 195 205 205 205 205 265 205 REPAVING: Total Cost 8.39% Dublin ) "2003 Budget 91.61 %.Koll ELECTRIC / LIGHTING: MONTHLY 1900 190D 1995 1995 1995 1995 1995 1995 Total Cost of Actual 7% Dublin 133 133 140 140 140 140 140 140 93% Koll 1767 1767 1855 . 1855 1855 1855 1655 1855 ELECTRIC / IRRIGATION: Total Cost - Insignificant 0% Dublin o o o, o • o a 0 0 1.00% Koll WATER: MONTHLY .1675 1675 1760 1760 1760 1760 1760 1760 Total Cost of Actual 8.39% Dublin 141 141 148 148 148 148 148 148 91.61 % Koll 1534 1534 1534 1534 1534- 1534 • 1534 1534 ACCESS ROADS: Total Cost _ B.39 % Dublin -'2003 Budget 91.61% Koll TOTAL DUBLIN : 685 755 721 721 831 721 721 721 TOTAL KOLL : 6968 7898 7240 7240 8705 7240 '7240 8705 GRAND TOTAL DUBLIN S5876 GRAND TOTAL KOLL $61,236 F All expense will. be billed to the City of Dublin when invoices are received and paid by Koll Dublin Corporate Center "" Capital Work for Paving and Access Roads is scheduled for June 2002 and will be included in the 2003 budgek for Park and Ride. Attachment: 3. Declaration of Covenants, Conditions and Restrictions (Park & Ride -Lot 8 of Koll Dublin Corporate Center) Dated October 16, Packet Pg. 155 September 15, 2020 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the September 15, 2020, Regular City Council meeting agenda packet. Item 4.7 II ffr DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 4.7: Approval of First Amendment to Dublin Corporate Center Covenants, Conditions, and Restrictions Additional Information Item 4.7 "Approval of First Amendment to the Dublin Corporate Center Covenants, Conditions, and Restrictions" incorrectly references an "Attachment 2" which was to include photos of the significant damage to the pavement caused by the weight of the commuter shuttles. These photos were not attached to the Staff Report as referenced and should have been attached as Attachment 4. These photos are included in this memo. Images of Curb Damage II ffr DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM Images of Curb Damage (Continued) Images of Pavement Damage 4.8 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Proposition 68 Statewide Park Program Round Four Grant Funding Prepared by: Rhonda Franklin, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider an application for the State of California Proposition 68 Statewide Park Program Round Four Grant Funding for the Iron Horse Nature Park and Open Space capital improvement project. STAFF RECOMMENDATION: Adopt the Resolution Approving the Filing of Application for Proposition 68 Statewide Park Development and Community Revitalization Program Round Four Grant Funds. FINANCIAL IMPACT: The State of California Proposition 68 Statewide Park Program - Round Four offers applicants a minimum of $200,000 and a maximum of $8,500,000 in grant funding for parks capital improvement projects. Grant funds can supplement, but not supplant, existing expenditure budgets approved by the City Council. Round Four grant funds do not require matching funds and may fund the entire project. DESCRIPTION: The City of Dublin is eligible to apply for Round Four of the Statewide Park Development and Community Revitalization Program funded by Proposition 68, also known as the "Parks and Water Bond Act of 2018" which was approved by voters on November 6, 2018. Round Four is a competitive grant program for the creation of new parks and new recreation opportunities in critically underserved communities across California. The program defines critically underserved communities as areas within proximity of a project site that has a ratio of less than three acres of park space per 1,000 residents, or a median household income of $56,982 or less. Eligible park projects must involve either development or a combination of acquisition and development to create a new park, expand an existing park, or renovate an existing Page 1 of 2 Packet Pg. 156 4.8 park. All park projects must create or renovate at least one recreation feature such as athletic field/court, community garden, public art, picnic area, or playground. The Round Four process timeline is as follows: 1. Application Deadline: December 14, 2020 2. Grant Award Decision: May 2021 (approximate) 3. Project Completion Date: March 30, 2025 4. Grant Performance Period: July 1, 2020 — June 30, 2025 Staff plans to submit the Iron Horse Nature Park and Open Space capital improvement project for the Round Four application process. This project provides for the planning, design, and construction of 12.13 acres of a nature park and open space adjacent to the Iron Horse Trail, from the Dublin/San Ramon city limit to the confluence of Amador and South San Ramon Creeks. The project is in an area that meets the ratio requirement of less than three park acres per 1,000 residents and is scheduled to complete in Fiscal Year 2024-25 with an unidentified funding source of $4,482,000. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Filing of Application for Proposition 68 Statewide Park Development and Community Revitalization Program Round Four Grant Funds th, City furanager 9/8/2020 Page2of2 Packet Pg. 157 4.8.a RESOLUTION NO. XX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING THE FILING OF APPLICATION FOR PROPOSITION 68 STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM ROUND FOUR GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby: 1. Approves the filing of an Application for the Iron Horse Nature Park and Open Space capital improvement project; and 2. Certifies that the City has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and 3. Certifies that if the project is awarded, the City has or will have sufficient funds to operate and maintain the project, and 4. Certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 5. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and 7 Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G). PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote: AYES: NOES: ABSENT: Attachment: 1. Resolution Approving the Filing of Application for Proposition 68 Statewide Park Development and Community Revitalization Packet Pg. 158 4.8.a ABSTAIN: ATTEST: City Clerk Mayor Attachment: 1. Resolution Approving the Filing of Application for Proposition 68 Statewide Park Development and Community Revitalization Packet Pg. 159 4.9 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Second Reading of Ordinance Authorizing Administrative Citations for the Municipal Code and Other Enforceable City Regulations and Standards and To Declare Violations of Public Health Orders to Be Unlawful Prepared by: Jordyn Bishop, City Attorney's Office EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance amending the Dublin Municipal Code (DMC) to provide designated enforcement officers with the authority to impose administrative citations for violations of the Municipal Code and certain other enforceable city regulations and standards and to declare Public Health Orders to be unlawful. The first reading of this ordinance was held on the September 1, 2020 Regular City Council Meeting. At that same meeting, the City Council introduced and adopted an identical Urgency Ordinance for the immediate preservation of the public peace, health, and safety for the period until this Ordinance becomes effective. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Authorizing Administrative Citations for Violations of the Municipal Code and Other Enforceable City Regulations and Standards and to Declare Violations of Public Health Orders to be Unlawful. FINANCIAL IMPACT: The proposed DMC Amendments and the administrative citation process would require staff time to implement and administer. This cost would be absorbed by existing departmental budgets. DESCRIPTION: On September 1, 2020, the City Council waived the reading and introduced an Ordinance to: • Amend Section 1.040.030 authorizing administrative citations as another enforcement mechanism, in addition to existing civil and criminal remedies and Page 1 of 2 Packet Pg. 160 4.9 incorporating Government Code Section 36900 by reference (Attachment 3) for the imposition of fines • Adopt Chapter 1.06 establishing the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative citations • Adopt Chapter 5.118 making any violation of a Public Health Order, a violation of the municipal code The Ordinance is now ready for adoption and will go into effect 30 days following adoption. On September 1, 2020, the City Council introduced and adopted an identical Urgency Ordinance for the immediate preservation of the public peace, health, and safety for the period until this Ordinance becomes effective. Both Ordinances contain the same DMC Amendments and the Urgency Ordinance will automatically expire when the regular Ordinance becomes effective. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Other Enforceable City Regulations and Standards 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations 3. California Government Code Section 39600 (Regarding Ordinance Fines) anager 91412020 Page2of2 Packet Pg. 161 4.9.a ORDINANCE NO. XX - 20 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE DUBLIN MUNICIPAL CODE TO AUTHORIZE ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE MUNICIPAL CODE AND OTHER ENFORCEABLE CITY REGULATIONS AND STANDARDS AND TO DECLARE VIOLATIONS OF PUBLIC HEALTH ORDERS TO BE UNLAWFUL WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency; and WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of Emergency Proclamation for the State of California; and WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order directing all individuals living in the County to shelter at their place of residence, subject to certain exceptions; and WHEREAS, on March 16, 2020, the Dublin City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin pursuant to Dublin Municipal Code Chapter 2.44.060(A); and WHEREAS, on March 18, 2020, the City Council at a special City Council meeting, ratified and extended the proclamation of existence of a local emergency; and WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order to protection the health and well-being of all Californians and slow the spread of COVID-19; and WHEREAS, on March 31, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 3, 2020; and WHEREAS, on April 10, 2020, the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City's response to the COVID-19 pandemic; and WHEREAS, on April 29, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 31, 2020; and WHEREAS, on May 5, 2020, the City Council reaffirmed and revised the proclamation of existence of a local emergency; and WHEREAS, violations of Public Health Orders present an immediate threat to the public health and safety and increase the likelihood that the COVID-19 virus will spread throughout the City and overwhelm our health care systems, cause preventable illnesses and deaths, and inflict other significant harms, including economic and social effects, on our community; and WHEREAS, immediate enforcement of Public Health Orders is necessary to ensure their consistent, effective implementation and to achieve their intended purposes, including controlling the spread of COVID-19 within the City; and Attachment: 1. Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Packet Pg. 162 4.9.a WHEREAS, existing strategies for enforcing Public Health Orders include outreach, education, and misdemeanor criminal prosecution under California Health and Safety Code section 120295; however, additional enforcement strategies are necessary to incentivize public compliance with Public Health Orders; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendments; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendments. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2. Municipal Code Amendment. Dublin Municipal Code Section 1.04.030 is hereby amended to read as follows (additions shown in italics, deletions shown in strikethrough): 1.04.030 Violations as misdemeanors or infractions —Penalties. A. Violation of any provision of this code shall constitute a misdemeanor and shall be punishable by imprisonment in the County Jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000), or by both, unless expressly described as an infraction. Notwithstanding the preceding sentence, or any other provision of this code, a violation of this code may, in the discretion of the designated enforcement officer, or if no enforcement officer is indicated, in the discretion of the City Attorney, be charged and prosecuted as an infraction. B. Except as otherwise provided in this code, any person convicted of an infraction under this code shall be punished by a fine in an amount provided by Government Code Section 36900, as amended. of net mere than one hundred dollars (Si 00) fora first violation; a fine for each additional violation of the same code section within one year of the first violation. Any person punished for a second violation of the same ordinance within a twelve (12) month period under Government Code Section 36900 may apply for a hardship waiver to reduce the amount of the fine upon a showing by the person that they made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden. Any person convicted of three (3) or more infractions within a twelve (12) month period following the first violation may, in the discretion of the designated enforcement officer, or if no enforcement officer is indicated, in the discretion of the City Attorney, be charged and prosecuted for a misdemeanor for any additional violations of the same code section. Attachment: 1. Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Packet Pg. 163 4.9.a C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this code shall constitute a violation of such provision. D. A separate offense shall be deemed committed each day a violation of any provision of this code occurs or continues. E. In addition to or in lieu of the remedies provided in this chapter or this code, upon a finding by the city official, employee, contractor, or agent vested with the authority to enforce the various provisions of this code, he or she may initiate administrative enforcement proceedings under the provisions of Chapters 1.06. Section 3. Municipal Code Amendment. Chapter 1.06 "Administrative Citations" is hereby added to the Dublin Municipal Code to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 4. Municipal Code Amendment. Chapter 5.118 "Public Health Orders" is hereby added to the Dublin Municipal Code to read as follows: Chapter 5.118 PUBLIC HEALTH ORDERS Sections: 5.118.010 Public Health Order Defined. 5.118.020 Violations of Public Health Orders Unlawful. 5.118.010 Public Health Order Defined. For purposes of this chapter, "public health order" means any order issued by the Alameda County Public Health Officer under authority granted by state law, any order issued by the State Public Health Officer, any state guidance or directives issued by the County or State Public Health Officer containing mandatory, binding, or enforceable obligations, or any site - or industry -specific protocols completed as required by state and county requirements but only to the extent that the violation is among those described in Health and Safety Code section 120295. 5.118.020 Violations of Public Health Orders Unlawful. It is unlawful for any person to violate any public health order. A violation of this chapter may, in the discretion of the designated enforcement officer, be charged and prosecuted under Section 1.04.030. In addition to or in lieu of the remedies provided in this chapter or this code, the designated enforcement officer may initiate administrative enforcement proceedings under the provisions of Chapters 1.06. Section 5. 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 6. Effective Date and Posting. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause Attachment: 1. Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Packet Pg. 164 4.9.a this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 15th day of September, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Attachment: 1. Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Packet Pg. 165 4.9.b Chapter 1.06 ADMINISTRATIVE CITATIONS Sections: 1.06.010 Purpose and application. 1.06.020 Definitions. 1.06.030 Fines. 1.06.040 Issuance and contents of administrative citation. 1.06.050 Service procedures. 1.06.060 Satisfaction of the administrative citation. 1.06.070 Appeal of the administrative citation. 1.06.080 Hearing procedure. 1.06.090 Hearing officer's decision. 1.06.100 Right to judicial review. 1.06.110 Collection of unpaid fines or administrative costs. 1.06.010 Purpose and application. A. Use of this chapter shall be at the sole discretion of the city and is one remedy that city has to address violations of the municipal code or other applicable provisions of state law. By adopting this chapter, city does not intend to limit its discretion or ability to utilize any administrative, civil, criminal, or other remedy available at law or equity, or any combination thereof, to address violations. B. This chapter makes a violation of any provision, restriction, or requirement of this code or any code or law adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code, subject to an administrative fine. C. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative fines and/or penalties pursuant to Government Code Section 53069.4. D. An administrative fine shall be imposed by means of an administrative citation issued by an enforcement officer, and shall be paid directly to city or otherwise remitted to the city. Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by city. E. The City Manager, or a designee thereof, may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the citee in writing. F. The City Manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this chapter. G. Nothing in this chapter shall affect the discretion of the City Manager, code enforcement officer, or other city employee or agent so designated in writing by the city to issue courtesy notices or warnings of code violations prior to or in lieu of issuing a citation. The issuance of such courtesy notice or warning, or lack thereof, shall be at the sole discretion of the issuing officer or agent subject to procedural rules and regulations, if any, promulgated by the City Manager or designee thereof. Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 166 4.9.b 1.06.020 Definitions. A. For purposes of this chapter, "administrative fine," "fine," "penalty" and/or "administrative penalty" shall mean the monetary sanction imposed upon a responsible person by means of a citation. B. Citation. For purposes of this chapter, "citation" shall mean an administrative citation that is issued to a responsible person pursuant to this chapter. C. Citee. For purposes of this chapter, "citee" shall mean a responsible person to whom a citation is issued. D. Code. For purposes of this chapter, "code" shall mean (1) the entire Dublin Municipal Code and any other law, code, rule, or regulation incorporated therein by adoption or reference, (2) any uncodified ordinance adopted by the city council, (3) any rule or regulation promulgated pursuant to the provisions of the Dublin Municipal Code, (4) any condition of any permit, license, or other entitlement issued pursuant to this code, and (5) any other legally enforceable standards, regulations, or laws as authorized by statute. E. Enforcement Officer. For the purposes of this chapter, an "enforcement officer" or "officer" shall mean any City of Dublin employee, contractor, or agent of the city authorized by the City Manager to enforce any provision of this code or this chapter. F. Fines. For purposes of this chapter, "fine" or "fines" refers to any fines, fees, or penalties assessed or imposed by the city or order of the hearing officer(s) under this chapter, not including administrative costs. G. Person. For the purposes of this chapter, "person" shall mean and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner within the boundaries of the city. H. Responsible Person. For the purposes of this chapter, a "responsible person" is any of the following: 1. An individual or legal entity that, by action or inaction, causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. 2. An individual or legal entity whose agent, employee, or independent contractor, by action or inaction, causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. 3. An owner of, or a lessee or sub -lessee, property manager, tenant, subtenant, occupant, or any person in possession of property on which a code violation occurs, who causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. 4. An individual or legal entity that uses the property where the violation occurs. 5. An on -site manager of a business normally working at the site when the business is open and responsible for the activities at such business. 6. The owners, majority stockholders, controlling owners, corporate officers, trustees, and/or general partners of a legal entity that is a responsible person under subsections 1 through 5 above. 7. If any of the above persons are minors, the parents or guardians of such minors shall be deemed the responsible person. Each responsible person shall be jointly and severally liable for any and all fines, fees, and penalties awarded, upheld, assessed, or imposed under this chapter. I. Violation. For purposes of this chapter, "violation" is any violation of this code including an act, omission of any act, use, or condition that constitutes an offense of the code, as well as a breach or violation of any condition of a permit, approval, entitlement or license issued pursuant to the code, and includes a separate Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 167 4.9.b violation for each and every calendar day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any responsible person. 1.06.030 Fines. A. The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council. The schedule of fines established by resolution shall specify any increased fines for repeat violations of the same code provision by the same person within twelve (12) months from the date of the administrative citation. In the absence of such resolution, the fines for administrative violations of this code shall be set as forth in Section 1.04.030(B). 1.06.040 Issuance and contents of administrative citation. A. Whenever an enforcement officer determines that a violation has occurred, the officer may issue a citation imposing an administrative fine or fines to the responsible person(s) in accordance with the provisions of this chapter. B. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical, or other similar structural issues shall not be issued pursuant to this chapter unless the responsible person has been provided with a reasonable period, as determined by applicable law, in which to complete the abatement or compliance actions. C. An officer may issue a citation for a violation not committed in the officer's presence if the officer has determined, through investigation, that the citee did commit, or is otherwise responsible for, the violation. D. Each day, or any portion thereof, that a prohibited condition, use, or activity under the code is committed, continued or permitted shall constitute a separate violation for which an administrative fine may be imposed. A single citation may charge multiple violations of the code but each violation is subject to a separate and distinct administrative fine. E. Each administrative citation shall contain the following information: 1. Name and mailing address of the responsible person; 2. The address or description of the location of the violation; 3. The date and approximate time of the commission of the violation(s), or detection thereof by an officer; 4. The relevant provision(s) or section(s) of the code alleged to have been violated; 5. A description of the violation(s); 6. Amount of the fine for each violation, as well as the procedure and place to pay the fine(s), and any late penalty and/or interest charge(s), if not timely paid; 7. When appropriate, the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s). If the violation is one which is continuing, an order to correct the violation and prohibiting the continuation or repeated occurrence of the violation, including an explanation of the consequences for failing to correct the violation as ordered. The explanation of the consequences should state that a separate violation exists for each and every calendar day any violation of any provision of this code is committed, continued, or permitted; 8. A description of the administrative citation review process and the manner by which a hearing on a citation may be obtained (including explanation of rights of appeal, including the time within which such Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 168 4.9.b claimed violation may be contested and the procedure for requesting a hearing to contest the violation); 9. The name and signature of the officer, and the signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission that a person has committed a violation of the code; 10. A statement that the failure to timely tender the fine(s) and other charges/fees imposed pursuant to this chapter may result in: (a) a civil action against citee; (b) the recordation of a lien or special assessment against the citee's real property; and (c) the denial of any city approval, license, entitlement or permit to citee until all delinquent monies are paid to city; and 11. Any other information deemed necessary by the City Manager or enforcement officer. 1.06.050 Service procedures. An administrative citation or notice may be served in one or more of the following ways: A. An enforcement officer may personally serve the citation on the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings, nor shall signing a citation constitute an admission that a person has committed a violation of the code; B. An enforcement officer may mail the administrative citation to the responsible person by certified mail, postage prepaid with a requested return receipt. C. An enforcement officer may post a copy of the administrative citation on the subject property in a conspicuous place for a property -related code violation and, in which case, the enforcement officer shall also mail a copy of the administrative violation by first class mail to the responsible person at the address where the violation occurred. D. An enforcement may serve the citation by electronic means (e-mail), and in which case, the enforcement officer shall also mail a copy of the administrative violation by first class mail to the responsible person at the address where the violation occurred. E. Failure of a citee to receive a citation or notice shall not invalidate any fine, late penalty charge, action or proceeding that is imposed or brought pursuant to this chapter, if service was given in a manner stated in this section. 1.06.060 Satisfaction of the administrative citation. A. The responsible person must pay the fine to the city within 30 calendar days from service of the citation. All fines assessed shall be payable to the City of Dublin in accordance with the payment instructions on the citation. B. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the city. 1.06.070 Appeal of the administrative citation. A. Time to File an Appeal. Any recipient of an administrative citation may contest that there was a violation of this code or that it continues to exist, or that he or she is the responsible person, by completing a "request for hearing" form and returning it to the city in accordance with the instructions on the form within ten (10) calendar days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the total fines due. A timely filed "request for hearing" form shall not excuse a citee from the duty to immediately abate a violation of the code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the code. Such "request for hearing" forms shall be Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 169 4.9.b made available at no charge at City Hall, the city website, and/or through the City's designated agent. A failure to file a timely "request for hearing" form shall be deemed a waiver of the right to appeal the citation and to seek judicial review, and the citation will be deemed final. The requirement that the fine be deposited in advance may be waived if an advanced deposit hardship waiver form has been filed and approved in accordance with procedures adopted by the City Manager. B. Return of Deposit. Any administrative citation fine which has been deposited shall be refunded, in whole or in part, to the extent it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation. C. Hearing Officer(s). The City Manager shall designate the hearing officer(s), qualified by training or experience, for the administrative citation hearing. The hearing officer(s) shall be impartial, such as an employee from a department other than the department that issued the decision being appealed, or an employee from another agency or organization. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues, the hearing officers, at the discretion of the Building Official, may be a Board of Appeals as set forth in Section 7.28.260(F), but may not be city employees. 1.06.080 Hearing procedure. A. No hearing to contest an administrative citation before a hearing officer(s) shall be held unless and until a timely "request for hearing" form has been completed and submitted and the fine has been deposited in advance or waived as provided under section 1.06.070. B. After receipt of the "request for hearing" and fine deposit, a hearing before the hearing officer(s) shall be set for a date that is not less than fifteen (15) and not more than sixty (60) calendar days from the date that such request is filed in accordance with the provisions of this section. The person requesting the hearing and the City may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advanced notice is otherwise waived by the requesting party, the person requesting the hearing shall be notified of the time and place set for the hearing in writing at least fourteen (14) calendar days prior to the date of the hearing. C. The hearing officer(s) shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained the violation of this code on the date(s) specified in the administrative citation. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), and proposed method of abatement, if any. D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The City Manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation, as well as any documentary evidence presented by these persons concerning the violation(s) alleged in the citation. The city shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the administrative citation. The issuance of an administrative citation shall constitute prima facie evidence of the violation. E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer(s) or designee(s). Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party's cause. An appellant and the officer issuing the citation may represent himself/herself/themselves or be represented by anyone of his/her/their choice. An appellant may bring an interpreter to the hearing at the appellant's sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. F. Upon request which provides reasonable advanced notice to city, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation, as well as any additional materials provided to the hearing officer(s) for the hearing. Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 170 4.9.b H. An appellant may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city clerk at least three (3) business days prior to the hearing. If an appellant elects to appear at the hearing by written declaration, the enforcement officer who issued the citation shall not be required to attend or participate at the hearing. If the appellant fails to attend the scheduled hearing, or to otherwise submit a written declaration in a timely manner, the hearing officer(s) shall cancel the hearing and send a notice thereof to the appellant(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal and be a bar to judicial review of the hearing officer(s) decision based upon a failure to exhaust administrative remedies. In such instances, the citation (and corresponding fine and other applicable fees) shall be deemed final. H. On the hearing officer(s)'s own discretion or upon request by any party, the hearing officer(s) may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Written notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued. 1.06.090 Hearing officer's decision. A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer(s) shall issue a written decision setting forth the findings supporting the decision within forty-five (45) calendar days of the hearing. The written decision shall include the reasons for the decision. B. If the hearing officer(s) determine that the administrative citation should be upheld as to a responsible party, then any fine amount on deposit with the city shall be retained by the city. The hearing officer(s) shall impose and assess the prescribed fine against each responsible party. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer(s) shall order correction thereof in the decision and provide a deadline to complete said action(s). C. In the event of a hardship waiver of the deposit requirement, the order shall also state the date all payments are due and the fine for any late payment for any amount ordered by the hearing officer(s) and that, if the violation continues, the responsible party may be subject to additional fines, penalties, or administrative costs authorized by law. The order shall also state that fines and penalties shall also be collectible as set forth under section 1.06.110. D. If the hearing officer(s) determine that the administrative citation should be canceled in whole or in part, then the city shall promptly refund the corresponding amount of any deposited fine, without interest, as to that responsible party. E. The written decision shall be served upon each party in the manner set forth by section 1.06.050. 1.06.100 Right to judicial review. A. The decision of the hearing officer(s) shall be deemed the final administrative order of the city. B. Any person who is aggrieved by the decision of the hearing officer(s) under this chapter may obtain judicial review of such decision by filing an appeal to be heard in the superior court in accordance with California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first class mail upon the city clerk. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If no appeal is filed with the superior court within twenty (20) calendar days after service, then the written decision is hereby deemed confirmed. C. The superior court is the sole reviewing authority and an appeal from a hearing officer(s)'s decision is not appealable to the city council. If a responsible person prevails on appeal, the city shall reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the responsible person within forty-five (45) calendar days after the city's receipt of a notice of judgment or ruling from the superior court clerk. 1.06.110 Collection of unpaid fines. Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 171 4.9.b Failure of any person to pay the fine assessed by an administrative citation within thirty (30) calendar days or such other time limit set forth in the administrative citation or by the time determined by the hearing officer(s) as provided in section 1.06.090, shall constitute a debt owed to the city and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judgment in favor of the city, in accordance with Code of Civil Procedure 685.010. Interest shall accrue commencing on the twentieth (20) calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the city shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in Code of Civil Procedure Section 1033.5. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive, and the city may collect any past due amounts assessed or ordered by all available legal means. 3571373.3 Attachment: 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations (Administrative Citations - Second Reading) Packet Pg. 172 4.9.c State of California GOVERNMENT CODE Section 36900 36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action. (b) Every violation determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. (c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year. (3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. (B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. (d) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (Amended by Stats. 2018, Ch. 970, Sec. 2. (AB 2598) Effective January 1, 2019.) Attachment: 3. California Government Code Section 39600 (Regarding Ordinance Fines) (Administrative Packet Pg. 173 4.10 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Tract 8484 Tassajara Hills Phase 4 - Final Map Notice Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer's pending approval of the Final Map for Tract 8484, Tassajara Hills Phase 4. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: The Tract 8484 subdivision, Tassajara Hills Phase 4, is located on Lembert Hills Drive, just east of Palisades Drive. The developer has prepared a final map, which includes twelve lots. In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following: ❑ City Engineer's receipt of the following Final Map(s) for review: ❑x City Engineer's pending decision on the following Final Map(s): Tract Location Developer Number of Units/Lots Type Proposed Decision 8484 Tassajara Hills Toll CA VIII 12 Lots Residential Single Family Approve STRATEGIC PLAN INITIATIVE: None. Page 1 of 2 Packet Pg. 174 4.10 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Tract 8484 Tassajara Hills Phase 4 Final Map -�- Linda S?rvth, City anager 9/4/2020 Page2of2 Packet Pg. 175 4.10.a OWNER'S STATEMENT: THE UNDERSIGNED DOES HEREBY STATE THAT IT IS THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHIN THE BOUNDARY LINES UPON THE HEREIN EMBODIED FINAL MAP ENTITLED: "TRACT 8484, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA", CONSISTING OF TWO (2) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT IT HAS CAUSED SAID MAP TO BE PREPARED FOR RECORD AND DOES CONSENT TO THE MAKING AND RECORDATION OF SAID MAP; AND THAT SAID MAP DOES PARTICULARLY SET FORTH AND DESCRIBES ALL LOTS AND PARCELS BY THEIR NUMBER, LETTERS, BEARINGS AND DISTANCES. THIS MAP SHOWS OR NOTES ALL EASEMENTS OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP. IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE DAY OF TOLL CA VIII, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: TOLL CA GP CORP., A CALIFORNIA CORPORATION ITS GENERAL PARTNER BY: NAME: TITLE: OWNER'S ACKNOWLEDGMENT: 2020. A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON 2020, BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HIS/HER/THEIR EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND QSTHAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: 08-27-2020 12.42, Ian MacDonald P:\1058D\FM\8484\FM01-8484DWC TRACT 8484 A SUBDIVISION OF PARCELS F AND G OF TRACT 8325 AS RECORDED IN BOOK 355 OF MAPS, AT PAGES 70 THOUGH 75, ALAMEDA COUNTY RECORDS CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA MACKAY s; somPs ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, SUITE B PLEASANTON, CA 94588 (925)225-0690 AUGUST 2020 PROJECT SITE 1R CO S DUBLIN LE D o �; o9 PLEASANTON VICINITY MAP N.T.S. SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF MOLLER RE INVESTORS, LLC IN AUGUST OF 2013. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, THE MONUMENTS SHOWN HEREON WERE SET AS SHOWN ON TRACT 8260, BOOK 351, PAGES 1-14 AND ARE OF SUFFICIENT NATURE TO ALLOW THIS SURVEY TO BE RETRACED, AND THAT THE GROSS AREA WITHIN THE TRACT IS 2.03 ACRES, MORE OR LESS. DATED IAN BRUCE MACDONALD L.S. 8817 ACTING CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED 'TRACT 8484', AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT. DEAN ANDREW JURADO, ACTING CITY SURVEYOR CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA DATED: 2020 frs ca N N ca CITY ENGINEER'S STATEMENT: 03 I, LAURIE L. SUCGANG, CITY ENGINEER OF THE CITY OF DUBLIN. COUNTY OF ALAMEDA, STATE OF CALIFORNIA, CO 3Y STATE THAT I HAVE EXAMINED THE HEREIN EMBODIED FINAL MAP ENTITLED 'TRACT 8464' , CITY OF DUBLIN, AI L+ COUNTY, CALIFORNIA, CONSISTING OF TWO (2)SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THERE v THAT THE FINAL MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS DAY OF 2020, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISIO :T AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE 3N AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROI ALTERATION THEREOF. V SIGNED: DATED LAURIE L. SUCGANG, CITY ENGINEER R.C.E. 73022, CITY ENGINEER CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA Y 0 Z 0)FESSS� SJ�ELSUCC�c C le, L R.C.E. 73022 ra L.90 .�.. C(5 C u- STATE OF CALIFORNIA) (1) COUNTY OF ALAMEDA) (5 I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF ALAMED, a OF CALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT: ❑ AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AL $ CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTE 2 ES, APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT. ❑ ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE ris TREASURER -TAX COLLECTOR OF THE COUNTY OF ALAMEDA. (5 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS DAY OF 2020. Ca r co CO (iY COUNTY RECORDER'S STATEMENT: 6- FILED FOR RECORD THIS DAY OF 2020AT M., IN BOOK AT PAGES THROUGH , UNDER SERIES NO.20 AT THE I OF FIRST AMERICAN TITLE COMPANY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAME[ OF CALIFORNIA. }j FEE: E CLERK OF THE BOARD OF SUPERVISORS' STATEMENT: ANIKA CAMPBELL-BELTON CLERK OF THE BOARD OF SUPERVISORS COUNTY OF ALAMEDA, STATE OF CALIFORNIA BY: DEPUTY COUNTY CLERK STEVE MANNING BY: E COUNTY RECORDER IN AND FOR THE COUNTY DEPUTY OF ALAMEDA, STATE OF CALIFORNIA (.) SHEET 1 OF 2 +�+ .020 Packet Pg. 176 4.10.a 1 GC k 1 C N65°13'S1'E(R), /21.07' w LEMBERT HILLS DRIVE L _1460°17'13"E 171_09'M-M _ DETAIL A SCALE: 1"=20' Curve Table Curve A Radius Delta Length C1 35.00' 77°02'28" 47.06' C2 81.00' 25°59'27" 36.74' C3 593.00' 7°20'48' 76.04' C4 600.00' 3°19'35' 34.83' C5 81.00' 8°36'23" 12.17' C6 81.00' 17°23'04. 24.58' C7 20.00' 83°46'17" 29.24' OASIS OF BEARINGS' THE BEARING N2730'28"E BETWEEN SET MONUMENT AS SHOWN ON TRACT 8260, RECORDED IN BOOK 351, AT PAGES 1-14, ALAMEDA COUNTY RECORDS WAS TAKEN A5 THE BASIS OF BEARINGS FOR THIS MAP. REFERENCES: (R-I) TRACT 8260, RECORDED IN BOOK 351 OF MAPS, PAGES 1 - 14 ALAMEDA COUNTY RECORDS (R-2) TRACT 8325, RECORDED IN BOOK 355 OF MAPS, PAGES 70 - 75 ALAMEDA COUNTY RECORDS (R-3) CERTIFICATE OF CORRECTION DOCUMENT NUMBER 2018117199, ALAMEDA COUNTY RECORDS (R-4) CERTIFICATE OF CORRECTION DOCUMENT NUMBER 2018179504, ALAMEDA COUNTY RECORDS 08-27-2020 1281pm Ian MacDonald P:\19502\FM\9184\FM22-9404 neC — -5MM ^N-56 56600"E� 4_ N72' TULARE HILL 19�g"E 29�,32'M�M F — DRIVE1\--1 1II 18 4 _ I � q I "} 11y 148 C'I mI I I 1 II,70 I l r„, \ � -PARCELCI ti 0\ 72 / 73 / 7? °28 N`��� ' \�2, 70 o7. 17' BNDN78°0/lf / �91' \ \ zlc58,820 , �.. BNDY. N82 / TRACT 8260 IR-I) * ----- 1 THIS SHEET d-28 S2p' 3 � ea 3 600- °RIVE L'o.00 O.d.2\Ng1° • t so ;s .'s, DrFFOfjB•°p9 o Ni 8 6510t SFQ '4 \7 3 4 4 1 opl ^, 7517t SF SB 3S / / \ 93 o I 18 {I �' ; -� 2 32' p`F / 76 \ \, 3 N *.- 6505t SF `.840) ry89° "\ 6 alm 3 6493 SF� Sg•32 s8S° ^ `l' .x o �'g-k N / 77 / \ s'° ge4 9 s `'9\ 'S 8, /°2. dP; a x ro� .2, 629 �Y / b a i i ..c9,S9S 78 /,a ./`�� `*�6','' / Cs5/ Q4 K 83 7 \ Byy �y / �',,1?g / 77022 SF /- 0 "I.ti / /14, e47B0 /OFA4' 82 w `� 92T9 d=2°20'54'. 0,0 Q-kMCA ;yo `N_` NA ' ' L=28.89' op 0e• l�a 7 / I I L=q8. 9� NI B 656. 171 .09 M-M E 11 L__ PARCEL 0 TRACT 8250 (R-11 EX. 30' EVAE 1R-11 PARCEL B TRACT 8260 IR-11 LEGEND - ---- BOUNDARY LINE LOT LINE/PARCEL LINE — — — EXISTING RIGHT OF WAY/PROPERTY LINE EXISTING EASEMENT LINE - MONUMENT LINE '- MONUMENT OF RECORD PER (R-1) ACR ALAMEDA COUNTY RECORDS BNDY BOUNDARY EX. M-M PSE (R) (R-1) 08- EXISTING MONUMENT TO MONUMENT PUBLIC SERVICE EASEMENT RADIAL BEARING REFERENCE ANGLE POINT 3 =/ 08m J 47.96' BNDY, N87°25'44"E 47.96' BNDY', N86°50' 01'W NB'. 47.96' BNDY, 94 7% En — - N53 32'3 in 71.05'6 L r 00 DETAIL B SCALE: 1"=10' y ``274S�49 �\ -el '', b 'C7 .s0 \ N53°32'37'E 1 8618t SF NOTES. FV. a2ti ,50; /' o.z7'x;/N ro B. /°70, K 80 -�e'I o� (.0. / 71.05'M'M 6 79 BNOy �- AO% Cg ' 50°,`9p PARCEL E\ ycc \ 9..sso, 0 25 50 � �yb'9 soF�S Of. 90073- 27"E �38 gND \ BNDY T2• 12 126830 SF i 1. BEARINGS AND DISTANCES LABELED "BNDY" PER (R-2). 2. ALL DISTANCES SHOWN ARE GROUND LEVEL DISTANCES, MULTIPLY DISTANCES BY 0.9999054 TO OBTAIN GRID DISTANCES. PARCEL B TRACT 8260 IR-1) SHEET 2 OF 2 TRACT 8325 (R-21 2.10' SCALE: 1"=50' 0 Z Q ccs 2 (0 u- Q C(0 LL 0) co -C a 2 (0 10' N Cs3 CO co TRACT 840 A SUBDIVISION OF PARCELS F AND G OF - S325 AS RECORDED IN BOOK 355 OF M AT PAGES 70 THOUGH 75, T ALAMEDA COUNTY RECORDS CITY OF DUBLIN a+ ALAMEDA COUNTY, CALIFORNIA C MACKAYik some ENGINEERS PLANNERS SURVEY( 5142B FRANKLIN DR, SUITE B PLEASANTON, CA 94588 (925)225-01 V AUGUST 2020 ram+ .020 ! Packet Pg. 177 4.11 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Purchase of Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Imaging, Inc Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approving the purchase and installation of Laserfiche Forms Portal, DocuSign Integration, and additional licenses to enhance the workflow of internal and external documents used in City business. STAFF RECOMMENDATION: Adopt the Resolution Approving the Purchase of the Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Imaging, Inc.; and approve the budget change. FINANCIAL IMPACT: The total cost, including licensing, annual maintenance, and training is $28,837.50. Of that, $24,580 is a one-time cost for the purchase of the software, additional licenses, and training. There are sufficient funds budgeted in the Financial System Replacement Project (CIP No. G10319) for the one-time costs. Approval of the purchase will require a budget increase of $4,257.50 to the annual maintenance and licensing costs currently being paid to ECS Imaging, Inc., funded by the Information Technology Fund. DESCRIPTION: On May 5, 2020, the City Council adopted its updated Strategic Plan for Fiscal Years 2020-21 and 2021-22. This plan includes Strategy #4: Become a 24/7 City Hall to Enhance Resident and Business Engagement; and Objectives #4A and 4B: Reduce/eliminate the need for paper transactions where feasible and provide more opportunities for residents to complete transactions with the City online, with appropriate security measures. The City utilizes ECS Imaging, Inc. and Laserfiche as its main electronic document repository, and since the Shelter -in -Place, has been using DocuSign to route and sign some internal forms and official documents. In order to facilitate the routing process of Page 1 of 3 Packet Pg. 178 4.11 all internal and public facing forms, Staff recommends upgrading the City's existing Laserfiche document management software to include the Laserfiche Forms Portal. The Portal will allow an unlimited number of internal and external users to complete and submit forms to the City and have a routing process set up for each form. The Portal offers a comprehensive public facing feature improving the City's ability to engage with the public and facilitate the electronic submission of forms. Because the Portal is provided by Laserfiche, it allows the forms to be retained in the City's current Records Management System. Laserfiche integrates with DocuSign, providing a seamless process for the signing and retention of official documents and reducing the need for paper transactions. In order to allow the appropriate number of Staff to create and approve forms, additional and upgraded licenses are needed. The proposed cost of the Forms Portal Add -on, DocuSign Integration, and additional licenses is $28,837.50, including the ongoing increase of $4,257.50 to the annual maintenance and licensing. This purchase, along with the annual maintenance for Fiscal Year 2020-21 already paid, puts the total for Laserfiche purchases and maintenance paid to ECS Imaging, Inc. for this Fiscal Year over $45,000. Section 2.36.050(A)(6) of the Municipal Code allows for exceptions to the typical public bidding process when a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, the Purchasing Agent shall undertake a thorough review of known products and a comparison of features which would most closely meet the City's needs at the least cost. Purchases made in this manner that exceed $45,000 shall be approved by the City Council (Section 2.36.050(6)). The Laserfiche system requires support from an authorized reseller in order to comply with software licensing requirements. ECS Imaging, Inc. has been the City -authorized Laserfiche reseller and technical support firm since 2004 and is the firm authorized by Laserfiche to support the City's use of Laserfiche products. The City currently operates under the Terms and Conditions of a Priority Support Agreement (Attachment 3) with ECS Imaging, Inc. and will continue to operate under this agreement. STRATEGIC PLAN INITIATIVE: 4. Become a 24/7 City Hall to Enhance Resident and Business Engagement. 4A. Reduce/eliminate the need for paper transactions where feasible. 4B. Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Purchase of the Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Imaging, Inc. 2. Exhibit A to the Resolution - Proposal Quote from ECS Imaging, Inc. 3. ECS Imaging, Inc. Support Agreement Terms and Condtions 4. Budget Change Form Page 2 of 3 Packet Pg. 179 4.11 Page3of3 Packet Pg. 180 4.11.a RESOLUTION NO. XX — 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PURCHASE OF THE LASERFICHE FORMS PORTAL, DOCUSIGN INTEGRATION AND ADDITIONAL LICENSES FROM ECS IMAGING, INC. WHEREAS, the City has a Laserfiche electronic document management system for centralized electronic record storage; and WHEREAS, the City intends to become a 24/7 City Hall to enhance resident and business engagement; and WHEREAS, due to the Shelter -in -Place, the City has become dependent on DocuSign and sees the need to enhance and improve public and internal forms and processes; and WHEREAS, ECS Imaging, Inc. is the City's authorized Laserfiche reseller and support firm, and is solely authorized to implement solutions that integrate with the City's Laserfiche system; and WHEREAS, Sections 2.36.050(A) and (B) of the Dublin Municipal Code allow for exceptions to the typical public bidding process when a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, provided that the City Council shall award purchases in excess of $45,000; and WHEREAS, ECS Imaging, Inc. provides annual maintenance and support to the City for its Laserfiche products and is uniquely qualified to provide and implement the Laserfiche Forms Portal, DocuSign Integration, and additional licenses; and WHEREAS, the cost of the Laserfiche Forms Portal, DocuSign Integration and additional licenses proposed by ECS Imaging, Inc. is $28,837.50, which when added to the annual maintenance paid to ECS Imaging, Inc. for Fiscal Year 2020-21 puts the total amount paid for Laserfiche products over $45,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the purchase and authorizes the City Manager, as Purchasing Agent, to procure the additional Laserfiche products from ESC Imaging, Inc. at a cost of $28,837.50 as described to the City Council on September 15, 2020 and attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote: AYES: NOES: ABSENT: Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 1 of 2 Attachment: 1. Resolution Approving the Purchase of the Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Packet Pg. 181 4.11.a ABSTAIN: Mayor ATTEST: City Clerk Attachment: 1. Resolution Approving the Purchase of the Laserfiche Forms Portal, DocuSign Integration, and Additional Licenses from ECS Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 2 of 2 Packet Pg. 182 4.11.b ECSIMAGING, ECS Imaging, Inc. Phone: 951-787-8768 5905 Brockton Ave, Suite C Fax: 951-787-0831 Riverside CA, 92506 www.ecsimaging.com Quote Q1 2020 V2 Quotation For Name: Company: Phone: E-mail: Marsha Moore Description of Product and Services Quote Type Quote Info Avante Date: Quote Number: Valid Through Terms: Account Manager: Phone: E-mail: 3,26,20 32620 5/30/2020 net 15 Pete H 925 586 7549 rev 8/14/20 10/30/2020 trade in LF Plus license ( not being used) for LF FORMS Portal and additonal user licenses Software Avante includes Workflow and Forms Essentials SKU Description Unit Price Quantity Line Total MPFRM MDCSI MFRM16 MNF16 MPAR Laserfiche Forms Portal Add -on Laserfiche Integration with DocuSign Laserfiche Forms Professional Laserfiche Named Full User w/Web Access, Snapshot, and Email Laserfiche Avante Forms Participant User + Read Only 7,995.00 50.00 600.00 350.00 1 $ 7,995.00 1 $ - 25 $ 1,250.00 10 $ 6,000.00 30 $ 10,500.00 Trade-in Credit $ (3,415.00) Annual Maintenance and Licensing Software Subtotal $ 22,330.00 SKU Description Unit Price Quantity Line Total MPFRMB MDCSIB MFRM16B MNF16B MPARB Laserfiche Forms Portal Add -on LSAP Laserfiche Integration with DocuSign Laserfiche Forms Professional LSAP Laserfiche Named Full User w/Web Access, Snapshot, & Email LSAP Laserfiche Avante Forms Participant User + Read Only LSAP $ 1,600.00 $ 300.00 $ 10.00 $ 120.00 $ 70.00 1 $ 1,600.00 1 $ 300.00 25 $ 250.00 10 $ 1,200.00 30 $ 2,100.00 Trade-in Credit Hardware $ (1,192.50) Annual Maintenance Subtotal $ 4,257.50 SKU Description Unit Price Quantity Line Total Hardware Subtotal $ Professional Services SKU Description Rate Quantity Line Total ECSCI ECST ECS Install, Configuration, Consulting & Project Management Services ECS Training Services $ 1,800.00 $ 1,800.00 0.25 $ 450.00 1.00 $ 1,800.00 Professional Services Subtotal $ Special Terms 2,250.00 Client will configure & train users (or City can use Gold support hours & ECS will configure & train) Tax Rate Software Only (Download Only) Software is only available via download and is not subject to CA sales tax Subtotal $ 0.000% Tax $ Shipping $ Billing Terms: All Software and Annual Maintenance is billed 100% at project start. Services are billed 50% up front minimally with remaining Services as incurred. Annual Priority Support Contract Includes o Maximum 4 Hour Response Time - Upgraded from 24 hours with traditional LSAP support o Live Hours of support are 7:30am - 5:oopm PST M-F o Unlimited Phone and E-mail Support o On -site time is calculated to the nearest half hour and minimum onsite calculation is between 2-8 hours depending on the location o On -site time can be used for remedial training, installing updates, and consulting, in addition to support o ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate. Hardware Return Policy: Unopened boxed hardware may be exchanged for a full cash or credit refund within 7 days - a 15% restocking fee may apply. Defective hardware will be exchanged for a replacement per the terms and conditions specified on the product warranty card. 28,837.50 Trade in for Credit LF Plus Plug in 3415 1 $3,415 Total $ 28,837.50 o Two free admissions to the ECS Annual Customer Conference along with Free Admission to Quarterly User Groups o Monthly E-Newsletter o On-site/remote support hours included as quoted. On -site within next business day as needed. Additional hours of support purchased at a discounted hourly rate. Customers not under this plan can purchase on -site hours at $250/hour with a 1 hour minimum for remote support, and an 8 hour minimum onsite charge in addition to travel expenses. Packet Pg. 183 4.11.c ECS GOLD PRIORITY SUPPORT AGREEMENT - TERMS AND CONDITIONS This ECS Gold Priority Support Agreement (the "Support Agreement") is incorporated by this reference in the agreement to which it is attached (the "Master Agreement". Products covered by this Support Agreement ("Products") are any item or group of items supplied by ECS which are set forth in the Master Agreement or any corresponding ECS invoice for support services (each an "Invoice"). Unless specified differently, defined terms herein shall have the same meaning as attributed to them in the Master Agreement. ECS Imaging, Inc. ("ECS"), a Value -Added Reseller of Laserfiche, and the Client agree to be governed by this Support Agreement relative to the software and/or hardware maintenance services ("Service" or "Services") which ECS will provide relative to the Products. The terms and provisions in this Support Agreement shall control over any inconsistent terms or provisions in the Master Agreement. 1) Software Maintenance/Priority Support Services: Based on the software provided as part of the Master Agreement or applicable Invoice, ECS will supply the following software maintenance/support services: (a) ECS shall provide all necessary telephone support for reporting and resolving problems with the software products covered by this Support Agreement, and shall be available to receive notification by the Client of any software problem. The Client must provide adequate information and documentation to enable ECS to recreate the reported problem. If it is determined that there is no problem with the software products, ECS will so inform the Client and, in such case, ECS reserves the right to charge the Client for the services provided at ECS 's then current standard rates plus reasonable associated expenses. Notwithstanding the provisions of this section, ECS makes no warranties that the maintenance/support provided hereunder will be successful in resolving any problems or in diagnosing faults. (b) Service is available by calling 877-790-1600 or via E-mail at helpdesk@ecsimaging.com during Regular Business Hours, defined as the hours between 7:30 a.m. and 5:00 p.m. PST, Monday through Friday (excluding ECS company holidays). ECS agrees to use reasonable efforts to respond to the Client's service request within four (4) hours of receipt of notification. ECS shall first attempt to diagnose the reported problem via telephone and/or e-mail, if considered appropriate, shall attempt to resolve the reported problem by requesting that the Client perform any required/standard operational maintenance or simple adjustments which the Client can reasonably be expected to conduct. If the reported problem is not resolved via telephone and/or e-mail, ECS shall arrange for a system engineer to visit the Clients site during ECS's Regular Business Hours. (c) The Client has purchased a fixed number of Gold Priority Support Hours per year as defined in the Invoice for support services. Gold Priority Support Hours will be debited when ECS performs remote desktop support, on -site support, on -site and remote upgrades, and on -site training. In addition, most services offered by ECS are included in Gold Priority Support including Laserfiche tech support, installations, configurations of workflow and forms, and integration services are included. When Gold Priority Support Hours are used for on -site activities, ECS will debit a minimum of two to twenty-four hours from the Gold Priority Support Agreement based on the travel time of the support engineer or trainer. Scheduled After -Hours Support, defined as any time -period outside of ECS's Regular Business Hours, is available at the discretion of ECS. The Client will be debited double the total number of Gold Priority Support Hours used for After -Hours Support. Gold Priority Support Hours expire one year from the annual renewal date and do not roll-over to the next year period. Gold Priority Support services cannot be used for Professional Services for the development of brand new Laserfiche implementations, initial data conversions, or major software development services. If insufficient Gold Priority Support hours are available, you will be asked to increase your annual Gold Priority Support Hours at a cost or purchase additional Professional Services Hours at a rate of $225/Hr. 2) Hardware Maintenance/Support Services: If applicable based on the above -described Products, ECS will supply the following hardware maintenance/support services: (a) Hardware maintenance will be covered if such hardware is covered by the manufacturer's warranty and the warranty is maintained through ECS. 3) Charges: ECS will invoice Client for the total software/hardware maintenance/support services cost, including any applicable taxes. Client agrees to remit complete payment for such invoice in advance of the renewal date indicated. An interest payment of 1.5% compounded monthly and any applicable software maintenance reinstatement fees imposed by the software manufacturer shall be added to any such invoices not paid by the renewal date specified on the Master Agreement or Invoice. 4) Client Responsibility: Client is responsible for: (a) Notifying ECS in advance of any material changes to the supported Products components, including, but not limited to, the system's network, server/workstation hardware, operating system or security configuration. (b) Having a valid backup of data at all times to maintain original operating system, data and application software. (c) Promptly notifying ECS of any need for service and making product(s) available to ECS engineers. (d) Running diagnostic tests on all non -supported system components (network, server/workstation hardware, operating system or security configuration) before having a product serviced under this Support Agreement. 5) Limitations of Service: Maintenance/support services provided under this Support Agreement do not include: (a) Cost of bringing product(s) to operational status prior to placing them under maintenance. (b) Costs related to the resolution of software problems caused by unapproved changes to the supported system's network, server/workstation hardware, operating system or security configuration. (c) Repair of damage caused by; accidents, natural disaster, improper use, damage during transportation/relocation by Client, work performed on software/hardware by personnel other than ECS employees/subcontractors, causes beyond ECS 's control. Attachment: 3. ECS Imaging, Inc. Support Agreement Terms and Condtions (Laserfiche Forms Portal) Page 1 of 2 Packet Pg. 184 4.11.c (d) Furnishing consumable supplies or accessories as specified by the manufacturer. (e) Hardware with missing or altered serial numbers. (f) Repair of damage or increase in service time caused by the use of the product for purpose other than for which it was designed or beyond the manufacturer's specifications. If services are required due to the above causes, ECS will provide services at ECS's then current standard service rates. 6) Term: This Support Agreement shall be in effect beginning on the first data of support and continue for one year, unless sooner terminated as provided in Section 7 of this Support Agreement. 7) Termination: Client may terminate this Support Agreement for any reason with sixty (60) days written notice prior to the annual anniversary. Client may also terminate this Support Agreement if any material agreement or obligation contained or referred to in the Support Agreement has been breached by ECS, provided that Client has given ECS notice of such breach and there has been a failure to cure such breach, if curable, within thirty (30) days after receipt of such notice. Unless such breach has been cured, termination shall be effective thirty (30) days after receipt of such notice, and shall be without prejudice to any other right or remedy to which Client may be entitled either at law, in equity, or otherwise, including, without limitation, under this Support Agreement, may terminate this Support Agreement at any time for any reason with sixty (60) days written notice. Upon terminating the Support Agreement, ECS will issue a prorated refund of any remaining prepaid Support Agreement coverage. The refund amount will be for the ECS Gold Priority Support Hours only and will not include prepaid, non-refundable maintenance/support fees paid to the software manufacturer(s) or third -party hardware service provider(s). 8) Rate Changes: The Gold Priority Support rates stated within this Support Agreement will not change during the for a period of one year. All rates are adjustable for Gold Priority Support coverage periods after one year from the annual renewal date. 9) Limitation of Liability: Client must provide ECS with notice of claims of damage, improper service, or lawsuit within thirty (30) days of service. ECS shall not be liable for performance delays or for nonperformance due to causes beyond its reasonable control. For any material breach of this Support Agreement by ECS, Client's remedy and ECS's liability shall be limited to a refund of related maintenance/support fees paid during the period of breach, up to a maximum of twelve (12) months. The remedies provided herein are Client's sole and exclusive remedies. In no event will ECS be liable for special, punitive, incidental, or consequential damages, whether based in contract, tort, or otherwise, including, without limitation, claims for loss or corruption of data or lost profit. 10) Entire Agreement: Client acknowledges that he/she/it has read this Support Agreement, understands it and agrees to be bound by the terms and provisions set forth herein. This Support Agreement may not be modified or amended except by written instrument duly executed by the parties. This Support Agreement, contains the entire agreement and understanding between ECS and the Client respecting the subject matter hereof and it supersedes and replaces any prior or contemporaneous written or oral proposals or Support Agreements relative to Support Agreement services. 11) Binding Effect: Subject to any prohibition against assignment contained herein, the within Support Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 12) Governing Law - Venue: This Support Agreement shall be governed by and construed in accordance with the laws of the State of California. It shall be deemed to have been made and entered into in the City of Riverside, State of California, and all legal actions or arbitrations pertaining thereto shall occur with regard to such specification of venue. 13) Professional Services: ECS provides additional professional services not defined, or covered under the Gold Priority Support scope of Services. If the client chooses, these services will be provided by ECS at the rate of $225 per hour with a two-hour minimum, portal-to-portal. 14) Acceptance: This Support Agreement is deemed accepted by and binding upon Client by virtue of any of the following: (i) Client's execution of the Master Agreement; or (ii) ECS receiving a Client generated purchase order at any time during the period specified for any Services to be performed by ECS; or (iii) Client availing itself of the Services to be provided hereunder. Page 2 of 2 Packet Pg. 185 4.11.d CITY OF DUBLIN FISCAL YEAR 2020-21 BUDGET CHANGE FORM Budget Change Reference #: City Council's Approval Required From Un-Appropriated Reserves X From Designated Reserves Budget Transfer Between Funds Other DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT Account Amount Account Amount EXP: Information Technology - Information Systems - ISF 6605.1602.61108 $4,258 REASON FOR BUDGET CHANGE Annual Maintenance and Licensing costs for the purchase and installation of Laserfiche Forms Portal, DocuSign Integration and additional licenses. As Presented at the City Council Meeting 9/15/2020 **********Finance Use Only********** Posted By: Date: Attachment: 4. Budget Change Form (Laserfiche Forms Portal) C:\Users\marsham\appdata\roaming\igm2\minutetraq\dublinca@dublinca.igm2.com\work\attachments\6503 6503 Packet Pg. 186 4.12 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Mayor's Recommendation for Appointment to Planning Commission Unscheduled Vacancy Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider the Mayor's recommendation for appointment to fill an unscheduled vacancy on the Planning Commission. STAFF RECOMMENDATION: Confirm the Mayor's recommendation to appoint Catheryn Grier to the Planning Commission for the remainder of a term ending December 2022; or provide other appropriate direction. FINANCIAL IMPACT: None. DESCRIPTION: There is an unscheduled vacancy on the Planning Commission. The vacancy was posted on July 27, 2020, with a deadline of applications due to the City Clerk's Office no later than Friday, August 14, 2020 at 5:00 p.m. A total of 10 applications were received from the following individuals: Shilpa Chandrashekar, Heath Cunningham, Catheryn Grier, Christine Hawkins, Rev. Sharon Hollie, Emily Mitchell, Dawn Plants, Suresh Puli, Richard Thornbury and Jithin Veer. Mayor Haubert has reviewed the applications and is recommending appointment of Catheryn Grier to the Planning Commission, with the term expiring in December 2022. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The applicants have been notified. Page 1 of 2 Packet Pg. 187 4.12 ATTACHMENTS: 1. Planning Commission Applications Linda Smith, City anager 9/4/2020 Page2of2 Packet Pg. 188 4.12.a Print Planning Commission Application - Submission #3647 Date Submitted: 8/14/2020 Planning Commission Application Date* 8/14/2020 First Name* Catheryn Street Address:* City, State Zip Code:* Last Name* Grier DUBLIN Primary Phone:* Alternate Phone: E-mail Address:* How long have you been a resident of the City of Dublin:* 9 Why are you interested in serving on the Planning Commission? I love this community -- it is a great place to live and raise a family. I moved here in 2011 from Southern Califonia because of all this city had to offer. I have served as an alternate on the Planning Commission for the last year and have found it to be one of the most rewarding and intersting volunteer positions that I have ever held. What is your knowledge of and experience in Planning and Zoning? Having served as a alternate on the Planning Commission much have what I have learned has been "on the job" type training. Also, I had previously served on Dublin Unified School District's Community Review Committee (CRC) which was tasked with evaluating open parcels in the city for suitability for building the future high school. As part of the CRC, I learned about current and future development in the city and many of the constraints that come with that. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. I do not have professional expereince in this area, but the look and livability of our community are so important to me. I have lived and worked in many communites in California (Ontario, Santa Maria, Irvine, Oakland, San Francisco, San Jose) so I have a lot of ideas about what I think works and how a community can capitalize on some if its most important assets and create a space for its citizens to enjoy (and be proud of!). Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 189 What experience, if any, do you have serving on boards, commissions or task forces? Please explain. 4.12.a I currently serve as the president of Dublin High School's Parent Faculty and Student Organization (PFSO), I was also president from 2013 to 2016. I was a Dublin Partners in Education Board member from 2016 to 2020. Also, I served on Dublin Unified School District's Community Review Committee in 2017. Fot the past year, I have served as the first alternative on the Planning Commission (I have voted 5 of 6 times). How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? As a commissioner, I have to be willing to do that -- and that is part of the job. It can be an uncomfortable place to be, especially when you see your name on social media, but it will never keep me from doing the right thing. The overall good of the community has to be the aim -- a few loud, articulate, and well-intentioned nay -sayers should never take away from that. What is the most important contribution you can make as a member of the Planning Commission? I have worked in the public sector my entire life -- I know that process and transparency are important. I value it and I encourage it. In addition, I have worked on several boards and served on many committees -- I know how to work effectively with others. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 190 4.12.a Print Planning Commission Application - Submission #3634 Date Submitted: 7/28/2020 Planning Commission Application Date* 7/29/2020 First Name* Dawn Street Address:* City, State Zip Code: Last Name* Plants Dublin, CA 94568 Primary Phone:* Alternate Phone: E-mail Address:* How long have you been a resident of the City of Dublin:* 40 years (since 1980) Why are you interested in serving on the Planning Commission? I am currently serving as Alternate #2 on the City of Dublin Planning Commission since appointed in May 2019. My desire is to move into a voting position on the Commission when my current term ends in December 2020. What is your knowledge of and experience in Planning and Zoning? I have over 25 years of combined experience in land development and infrastructure construction. I worked directly with the Developer of Hacienda Business Park, Joseph Callahan, when I first moved to Dublin. I have been a Construction Contract Administrator, assisted with securing entitlements for the massive Stonebrae estate homes and TPC golf course project, including obtaining permits, utility contracts, coordinated with landscaping and lighting districts, and ordered/maintained custom billboard signage. I was responsible for maintaining all legally required records for the projects, including Pad Certifications, geotechnical reports, environmental requirements and state water requirements. I also verified work completion for payment, provided job cost accounting and contract closeouts. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. I have extensive experience in large scale project landscaping, masonry and street signage. I also have been a Property Manager for 5 Class "A" office buildings, including the exterior maintenance, landscaping improvements and monument signage design, as part of acquisition and annual capital improvements for these investment properties. Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 191 4.12.a What experience, if any, do you have serving on boards, commissions or task forces? Please explain. My experience is in the private sector, working directly with Managing Directors and CEOs. I have served on the City of Dublin Planning Commission since May 2019. I also attended the annual Planning Academy conference in March 2020, to obtain my mandatory SB1234 certificate, as well as complete 5 urban planning classes. How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? I believe decisions should always be made in the best interest of the community after adequate investigation, analysis and deliberation is made. A Planning Commissioner has the responsibility to evaluate the feasibility of a project by also considering the long range impact to the quality of life, health and safety of the community, and not concerned with my popularity. What is the most important contribution you can make as a member of the Planning Commission? I will do my best to ensure fair and open practices to keep the City of Dublin following the General Plan originally envisioned, in the best interests of the community to ensure the highest standards possible. My experience and dedication are my most important contribution. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 192 4.12.a Print Planning Commission Application - Submission #3641 Date Submitted: 8/6/2020 Planning Commission Application Date* 8/6/2020 First Name* Shilpa Street Address:* City, State Zip Code:* Last Name* Chandrashekar 94568 Primary Phone:* Alternate Phone: E-mail Address:* How long have you been a resident of the City of Dublin:* Dublin Why are you interested in serving on the Planning Commission? Having been a resident of Dublin for the past 4+ years, I would be interested in participating and contributing to the growth and development of 'MY' city. What is your knowledge of and experience in Planning and Zoning? I have an architectural backgrounds with a graduate degree in planning, conservation and construction. My professional knowledge can be leveraged to better understand and contribute to the city's future. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. Yes. Program Manager for a large retail entity. Pre construction and procurement manager for a major national builder. Building code specialist. Architectural project manager for a large engineering company. Freelance designer. What experience, if any, do you have serving on boards, commissions or task forces? Please explain. Current board member for residential housing community. Past board member for Southbury Historical Society, Connecticut. Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 193 How do you feel about making a decision for the overall good of the community, but unpopular with some neighb Highlight the positive benefits that outweighs the negative pushback. Listen to the concerns and ensure that the opposition is not due to a hidden agenda. Support your stand through data and metrics. What is the most important contribution you can make as a member of the Planning Commission? City of Dublin has undergone a massive expansion and growth this past decade. Its become a community that supports inclusivity and prides on diversity. As a planning commission member, its is important that this spirit is upheld and translated into our living environment. With a professional background in planning and building, I am able to comprehend the issues and understand the details more effectively. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 194 4.12.a Print Planning Commission Application - Submission #3637 Date Submitted: 7/30/2020 Planning Commission Application Date* 7/30/2020 First Name* Heath Street Address:* City, State Zip Code:* Last Name* Cunningham Dublin Primary Phone:* Alternate Phone: 1 E-mail Address:* How long have you been a resident of the City of Dublin:* 22 Why are you interested in serving on the Planning Commission? To help save our city from over building. What is your knowledge of and experience in Planning and Zoning? None. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. No. What experience, if any, do you have serving on boards, commissions or task forces? Please explain. None. How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Fine. Packet Pg. 195 What is the most important contribution you can make as a member of the Planning Commission? 4.12.a Common sense. It can't all be about money. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 196 4.12.a Print Planning Commission Application - Submission #3639 Date Submitted: 8/1/2020 Planning Commission Application Date* 8/1/2020 First Name* Christine Street Address:* City, State Zip Code:* Last Name* Hawkins Dublin Primary Phone:* Alternate Phone: E-mail Address:* How long have you been a resident of the City of Dublin:* 10 Why are you interested in serving on the Planning Commission? I would like to give back to the community, and feel that this position is a good use of my skills. What is your knowledge of and experience in Planning and Zoning? I interact with planners and committees as part of the regular duties of my full time job. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. I have twenty years experience in landscape design, maintenance, and specialize in irrigation for commercial, residential, and institutional projects. My background is in Ornamental Horticulture Science from Cal Poly, SLO. I have a passion for greenspaces and balancing urban needs with ecological outcomes. What experience, if any, do you have serving on boards, commissions or task forces? Please explain. I have served multiple positions over the last twenty years in the landscape industry, including with the California Landscape Contractors Association (CLCA), the American Society of Irrigation Consultants (ASIC) and the international Irrigation Association (IA). Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 197 How do you feel about making a decision for the overall good of the community, but unpopular with some neighb Change can be a challenge, but with communication and an adherence to the vision of the future of our community, I believe we can do good for the growth and health of our neighborhoods. What is the most important contribution you can make as a member of the Planning Commission? I can provide professional insights into the use of water, help with the organization and communication of our goals, and serve as a sounding board for the community. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For •uestions, 'lease contact the Cit Clerk's Office at 925 833-6650 or cit .clerk • dublin.ca.•ov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 198 4.12.a Print Planning Commission Application - Submission #3636 Date Submitted: 7/29/2020 Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 199 Planning Commission Application 4.12.a Date* 7/29/2020 First Name* Rev. Sharon Street Address:* City, State Zip Code:* Last Name* Hollie Dublin, CA 94568 Primary Phone:* Alternate Phone: E-mail Address:* How long have you been a resident of the City of Dublin:* 28 Why are you interested in serving on the Planning Commission? To bring another fresh perspective from a long time 28 year resident of our beloved city. What is your knowledge of and experience in Planning and Zoning? Since residing in Dublin I have followed the Planning and Zoning Commission along with the entire city government. la€TMm also a quick study; as I hold a B.S. degree in Business Administration and M.Div. in Divinity. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. I have successfully serviced on an urban architectural design board from August 2003 to December 2018. What experience, if any, do you have serving on boards, commissions or task forces? Please explain. I have serviced or am servicing on the following Boards: Design Group, Inc. (Urban Architectural Design): Aug 2003-Dec 2018 SMART Students, Inc. (At Risk Youth): Jan 2004-Dec 2016 Heart 2 Heart, Inc (Mental Health): Jan 2009-Dec 2016 Global Impact Group, Inc. (International Missions): May 2000-Present St. Matthews Baptist Church Board of Trustees (Religious Non - Profit): May 2010-present Delta Sigma Theta Sorority, Inc. National Board of Chaplains (Public Service Sorority): March 2000- present How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? I am confident and comfortable making decisions for the overall good of our community. Just as I was comfortable moving here 28 years ago as an African American professional with my family as unpopular as that was with some of my neighbors here in our wonderful city of Dublin. Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 200 What is the most important contribution you can make as a member of the Planning Commission? 4.12.a My most important contribution I can make as a member of the Planning Commission is diversity of thought and solid business acumen as a seasoned executive and almost 30 year resident of our beloved Dublin, The New American Backyard. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the Cit Clerk's Office at 925 833-6650 or cit .clerk • dublin.ca..ov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." c a) E 4- c ' o 0. 0. 0 co E E 0 a) c ▪ E co a v, 0 4- co 0. 0. c 0 ▪ y v, E E 0 v a) c ▪ E co a Attachment: 1. Packet Pg. 201 4.12.a Print Planning Commission Application - Submission #3638 Date Submitted: 7/31/2020 Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 202 Planning Commission Application 4.12.a Date* 7/31 /2020 First Name* Emily Street Address:* City, State Zip Code:* Last Name* Mitchell Dublin, CA 94568 Primary Phone:* Alternate Phone: 1 E-mail Address:* How long have you been a resident of the City of Dublin:* 2 years Why are you interested in serving on the Planning Commission? Interested in the future of this community What is your knowledge of and experience in Planning and Zoning? I am a Realtor Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. I do have an agribusiness degree and I am a passionate Gardner by choice. What experience, if any, do you have serving on boards, commissions or task forces? Please explain. I have been on trade boards before. I have been on PTA board in several positions for 5 years. Also served on Women and International Trade board for 3 years as event planner, it served in he International Trade Expirt and Import Trade community. How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? I am ok with that, ita€TMs for the betterment of the overall community. What is the most important contribution you can make as a member of the Planning Commission? A new point of view. I am passionate and very determined and love the Bay Area. I am new to this community and I relocated from Southern California. Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 203 Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.ri,. 4.12.a For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk • dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 204 4.12.a Print Planning Commission Application - Submission #3635 Date Submitted: 7/29/2020 Planning Commission Application Date* 7/29/2020 First Name* Suresh Street Address:* City, State Zip Code: Last Name* Puli dublin Primary Phone:* Alternate Phone: 1 E-mail Address:* How long have you been a resident of the City of Dublin:* 20 Why are you interested in serving on the Planning Commission? Activity participant in contribution for the future of the City of Dublin What is your knowledge of and experience in Planning and Zoning? Learning Knowledge Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. No What experience, if any, do you have serving on boards, commissions or task forces? Please explain. Dublin Ranch HOA director, Advisor in STEM4BOTS start up company. How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Very comfortable. City comes first Packet Pg. 205 What is the most important contribution you can make as a member of the Planning Commission? 4.12.a Make sure I serve for the best interest of the City and its future in its goal to provide a safe and excellent living space for all its resident. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the Cit Clerk's Office at 925 833-6650 or cit .clerk • dublin.ca..ov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 206 4.12.a Print Planning Commission Application - Submission #3642 Date Submitted: 8/11/2020 Planning Commission Application Date* 8/ 11 /2020 First Name* Richard Street Address:* City, State Zip Code:* Last Name* Thornbury Dublin, CA, 94568 Primary Phone:* Alternate Phone: 1 E-mail Address:* How long have you been a resident of the City of Dublin:* 1 year Why are you interested in serving on the Planning Commission? I chose to move to Dublin because many aspects of the city, such as great schools, neighborhoods, parks, restaurants, and proximity to transit, make it a great place to live. Over the past year, I have been following the city's development plans through city council meetings, because I believe that civic engagement is important to building and maintaining a great community. I am looking forward to living in Dublin for many years to come, and I hope to serve on the Planning Commission to help contribute to the city's continued excellence and growth. What is your knowledge of and experience in Planning and Zoning? Since moving to Dublin about a year ago, I have regularly followed the city council meeting online. By observing presentations by city staff, developers, and the deliberations of council I have learned about the types of planning and zoning decisions that come before the city. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. While I do not have specific experience in these areas, I believe my background in the sciences (Ph.D. Chemistry, UC Berkeley) may be helpful in dissecting technical information presented to the commission, such as information in Environmental Impact Reports. Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 207 What experience, if any, do you have serving on boards, commissions or task forces? Please explain. 4.12.a While I was an undergraduate at the University of Illinois Urbana -Champaign I served as a student representative for the admissions department. In this role I served as a Q&A panelist for prospective students and their families (multiple sessions per week), a campus tour guide, and assisted incoming students with course enrollment during summer orientation. The role provided me the opportunity to develop leadership, public relations, and communications skills. As a graduate student at UC Berkeley, in addition to my thesis work, I also worked with a team to re -develop coursework for an advanced undergraduate organic chemistry course. In this role I was responsible for developing new laboratory and lecture curricula, coordinating with lab staff to supply equipment and materials for the course, and serving as a teaching assistant for the course for three semesters. I also mentored other teaching assistants that continued on with the course. Through this experience I developed my ability to plan and execute long-term, complicated organized efforts. These experiences illustrate some of the leadership skills I could apply in service of the Planning Commission. How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? I am confident that I would be comfortable making tough decisions for the good of the community. While I believe it is important to consider feedback from the community, such as public comment, I ultimately believe someone who is working in service of the city has a responsibility to diligently consider all available information and then make a decision for the long term good of the city. What is the most important contribution you can make as a member of the Planning Commission? The most important contributions I can bring to the Planning Commission are a strong work ethic and a desire to contribute to the continued success of the city. I am looking forward to calling Dublin home for many years to come, and I want to do my part to give back to the community. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 208 4.12.a Print Planning Commission Application - Submission #3645 Date Submitted: 8/14/2020 Planning Commission Application Date* 8/ 14/2020 First Name* Jithin Street Address:* City, State Zip Code:* Last Name* Veer Dublin, CA 94568 Primary Phone:* Alternate Phone: E-mail Address:* How long have you been a resident of the City of Dublin:* 2 Why are you interested in serving on the Planning Commission? I'm interested in being an active participant in shaping Dublin's future. Dublin has changed over the last 50 years from being an agricultural area and exurb of San Francisco -- to being an economic hub of the Tri-Valley, and a thriving place to live, work, and play. As the remaining amount of developable land reduces and current homeowners and businesses look to renovate their properties and businesses, it's imperative that the Planning Commission makes decisions that benefit the community at large. I would like to help ensure that the Dublin of 50 years from now, looks better than today. What is your knowledge of and experience in Planning and Zoning? I was elected as a Student Senator as a college student at Virginia Commonwealth University, where I provided constructive feedback and was appraised of updates related to the "VCU 2020" plan which involved the construction of new educational buildings, and on -campus residential facilities for students. Do you have any experience in urban design, architecture or landscaping? If yes, please describe your experience. I was part of an informal group of residents that provided feedback to the city of Beverly Hills to create a Design Review Commission to review all major proposed construction or renovation of single family homes to prevent overbuilding and "mansionization" of small lots and ensure that architecture is in keeping with accepted architectural styles (Spanish, East Coast traditional, French manor, Craftsman, Contemporary, etc). Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 209 4.12.a What experience, if any, do you have serving on boards, commissions or task forces? Please explain. I'm involved with my current homeowners' association, and I have previously served on boards and task forces when I was a Senator in student government in college. How do you feel about making a decision for the overall good of the community, but unpopular with some neighbors? I would feel honored. Making decisions for the overall good of the community is often not easy, but I would never forget that it is a privilege to be afforded the opportunity to do so. At a minimum, I believe that neighbors and residents have the right to be heard. What is the most important contribution you can make as a member of the Planning Commission? My time and energy. Some decisions or issues on the Planning Commission may be routine and may not make news, but I believe that every recommendation and decision the committee makes impacts someone, some family, some business, and the neighborhood at large. I would dedicate my time and energy, regardless of the issue or topic, so that the Dublin of tomorrow can be better than the Dublin of today. Application must be submitted no later than Friday, August 14, 2020, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." Attachment: 1. Planning Commission Applications (Planning Commission Appointment) Packet Pg. 210 4.13 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third -Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic Prepared by: Hazel L. Wetherford, Economic Development Director & Jordyn Bishop, Acting Assistant City Attorney EXECUTIVE SUMMARY: The City Council will consider adopting an urgency ordinance establishing a temporary 15% cap on commission fees charged by third -party food delivery companies on local restaurants during the COVID-19 pandemic. STAFF RECOMMENDATION: Adopt the Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third -Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic. FINANCIAL IMPACT: None. DESCRIPTION: At the August 18, 2020 City Council meeting, the City Council directed Staff to prepare a report on COVID-19-related limits on fees charged by third -party food delivery companies enacted by various cities in the East Bay. At the September 1, 2020 meeting, the City Council received the report, which discussed the challenges that restaurants are facing during the pandemic, particularly related to shifting from in-house dining to delivery and the high fees associated with that service. The City Council then directed Staff to prepare and bring back an urgency ordinance capping third -party deliver fees. The City of Dublin has heard from local businesses who attest to increasing delivery fees from third -party food delivery companies looking to leverage their position during the COVID-19 emergency. Capping delivery food service fees at 15% per order will Page 1 of 2 Packet Pg. 211 4.13 achieve the public purpose of ensuring the continued operation of local restaurants and third -party platforms during the period of emergency; the 15% cap is based on the findings and experience of other California cities and cities nationwide that have already adopted 15% fee ceilings or similar caps as reasonable emergency regulations. The urgency ordinance also prohibits a third -party food delivery service from reducing the compensation, including any tip or gratuity, paid to any of their workers, or the restaurant, as a result of the cap imposed. If a restaurant or food delivery service worker alleges that a delivery service provider has violated the urgency ordinance, the individual or restaurant would have the ability to file a civil action in court to seek damages or injunctive relief to stop the violation from continuing to occur. The urgency ordinance does require that a notice of alleged violation be first given to the food delivery service provider, who will have seven calendar days to cure any alleged violations (such as issuing a refund or adjusting their mobile applications for ordering), before a civil action may be filed. Following adoption by at least a four -fifths vote of the City Council, the urgency ordinance will go into effect and be enforced immediately, and will remain in effect until its expiration date of one year from the effective date, or upon termination of the local state of emergency, whichever occurs first; or as otherwise terminated, modified or extended by the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third - Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic Linda 9/8/2020 Page 2 of 2 Packet Pg. 212 4.13.a URGENCY ORDINANCE NO. XX - 20 AN URGENCY ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING A TEMPORARY CAP ON COMMISSION CHARGES BY THIRD -PARTY FOOD DELIVERY SERVICES ON DUBLIN RESTAURANTS DURING THE COVID-19 PANDEMIC WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency; and WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of Emergency Proclamation for the State of California; and WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order directing all individuals living in the County to shelter at their place of residence, subject to certain exceptions; and WHEREAS, on March 16, 2020, the Dublin City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin pursuant to Dublin Municipal Code Chapter 2.44.060(A); and WHEREAS, on March 18, 2020, the City Council at a special City Council meeting, ratified and extended the proclamation of existence of a local emergency; and WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order to protection the health and well-being of all Californians and slow the spread of COVID-19; and WHEREAS, the Alameda County Health Officer issued subsequent revised Shelter In Place Orders, including on March 31, 2020, April 29, 2020, May 18, 2020, and June 5, 2020, which included extending restrictions on activities and requiring individuals to shelter at home, and allowing for certain specified activities; and WHEREAS, on April 10, 2020, the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City's response to the COVID-19 pandemic; and WHEREAS, on May 5, 2020, the City Council reaffirmed and revised the proclamation of existence of a local emergency; and WHEREAS, on June 18, 2020 the Alameda County Health Officer revised the June 5, 2020 Order, effective June 19, 2020, to allow outdoor restaurant dining as well as other specified activities, but not allowing for any indoor dining; and WHEREAS, on July 13, 2020, the State Public Health Order issued an Order closing all indoor restaurant dining statewide, among other indoor operations; and WHEREAS, as a result of the public health emergency and the orders issued by health authorities, restaurants in the City of Dublin have been limited to takeout and delivery offerings (plus limited outdoor dining if available but often with reduced capacity) which has led to a sudden and severe income loss and financial strain for Dublin's restaurants, particularly those who operated on thin margins before the pandemic and those who did not have robust takeout and delivery infrastructure or outdoor seating capacity; and Packet Pg. 213 4.13.a WHEREAS, many consumers use third -party applications and websites to place orders with restaurants for delivery and takeout and these applications and websites typically charge the restaurants between 10 and 30 percent of the purchase price of the order as a commission; and WHEREAS, restaurants have limited bargaining power to negotiate lower fees with third - party platforms, given the high market saturation of third -party platforms and the dire financial straits restaurants are facing in this COVID-19 emergency; and WHEREAS, state anti -gouging laws and State of California Executive Order N-44-20 provide protections against profiteering and unscrupulous business practices but do not provide any protections in the market for food delivery services; and WHEREAS, if retail food providers raise their costs or close as a result of high fees from third -party delivery services, their workers will lose employment, thereby affecting their ability to provide for their families, and the community will lose access to essential food services for its residents; and WHEREAS, continuity of operations among the City's restaurants is critical for the delivery of essential food services to the residents of Dublin and to sustain these sources of employment and neighborhood vitality within the City; and WHEREAS, several Bay Area jurisdictions, including San Francisco, Oakland, Berkeley, Fremont, San Leandro, and Livermore have experienced significant increases in delivery fees from third -party delivery services that also operate in Dublin and have recently enacted similar measures to cap the fees they may charge at 15 percent; and WHEREAS, the City of Dublin has heard from local businesses who attest to increasing delivery fees from third -party delivery services looking to leverage their position during the COVID-19 emergency; and WHEREAS, capping delivery service fees at 15 percent per order, will achieve the public purpose of ensuring the continued operation of local restaurants and third -party platforms during the period of emergency; the 15 percent cap is based on the findings and experience of other California cities and cities nationwide that have already adopted 15% fee ceilings or similar caps as reasonable emergency regulations; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens; and WHEREAS, California Government Code Section 36937 authorizes the City Council to introduce and adopt an ordinance it declares to be necessary as an emergency measure to preserve the public peace, health and safety at one and the same meeting if passed by at least a four -fifths affirmative vote; and WHEREAS, in light of the economic impacts of the public health emergency on local restaurants and the necessity to preserve access to essential services and protect public health and safety in Dublin, the City Council finds and determines there is an immediate need to preserve public health, safety and welfare by enacting an ordinance to cap the per -order fee Packet Pg. 214 4.13.a third -party applications and websites can charge restaurants during the term of this emergency; and WHEREAS, it is in the public interest to take action to ensure the delivery of essential food services to residents of Dublin and to maximize restaurant revenue from the takeout and delivery orders that, with the exception of limited dining operations, are currently one of the primary sources of revenue for these businesses to enable restaurants to survive this crisis and remain as sources of employment and neighborhood vitality in the City; and WHEREAS, as restaurants return to modified, lower capacity restaurant service, it is unclear how restaurants will fare, as restaurants must create new, physically distanced dining areas and implement increased training and sanitation measures; and WHEREAS, it is unclear how quickly restaurant patrons will return to restaurant dining and restaurants may continue to see a significant loss of revenue for an ongoing period of time; and WHEREAS, this Urgency Ordinance is temporary in nature and only intended to promote stability and safe and healthy operations within the restaurant and food markets in the City during the COVID-19 pandemic outbreak, and to prevent avoidable business closures thereby serving the public peace, health, safety, and public welfare and ensuring jobs and economic vitality within the City, while also preventing further spread of the virus; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the Urgency Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the Urgency Ordinance. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2. Urgency Findings and Declaration. The City Council finds and declares that there is a current and immediate threat to public health, safety and/or welfare, and this Urgency Ordinance must be adopted as an urgency matter necessary for the immediate preservation of the public peace, health, and safety. This finding is based upon the facts set forth and referenced herein, including the Recitals above, the staff report, any oral and written testimony at the September 15, 2020 City Council meeting, and the entirety of the record before the City Council. Based on said findings, facts and circumstances, the City Council finds that this Urgency Ordinance should be adopted as an urgency measure for the immediate preservation of the public peace, health and safety, and that this Urgency Ordinance is an emergency response measure aimed at ensuring the vitality and return of the restaurant industry after closure and limited operations, and should go into effect immediately as described below. Packet Pg. 215 4.13.a Section 3. Food Service Delivery Commissions Cap and Prohibitions. c 1. It shall be unlawful for a third party food delivery service to charge a covered establishment a fee or commission per online order for the use of its services that totals o more than fifteen percent (15%) of the purchase price of such online order. 0 u) 2. A third party food delivery service shall offer customers the option to, as a part of an E online order for delivery, authorize a tip or gratuity to be paid to food delivery service workers and any covered establishment from which the customer places an order through the third -party food delivery service. It shall be unlawful for a third -party food >_ delivery service to reduce the compensation, including any tip or gratuity, paid to any o food delivery service worker, or to reduce any tip or gratuity authorized by a customer to 0 be paid to any covered establishment as a result of the prohibitions stated in this u° ordinance. >. r 03 a 3. For purposes of this ordinance, the following definitions apply: -L a a. "Covered establishment" means a restaurant, eating or drinking establishment, or ;, similar food facility that offers, in a single commercial transaction over the internet, y whether directly or through a third party food delivery service, the sale and same - day delivery of food to customers from one or more retail locations within the City. _c U c .N N E c. "Purchase price" means the menu price of an online order. Such term therefore 0 excludes taxes, gratuities and any other fees that may make up the total cost to c the customer of an online order. ° a ro 0 d. "Third party food delivery service" means any individual, firm, association, corporation or entity through any website, mobile application or other internet c service that offers or arranges for the sale of food and beverages prepared by, and E the same -day delivery or same -day pickup of food and beverages from a 1- restaurant, eating or drinking establishment, or similar food facility located within the City. c E 4. A covered establishment or food delivery service worker claiming a violation of this 03 ordinance shall first provide written notice to the third party food delivery service of the w specific section of this ordinance which is alleged to have been violated and the facts to 0 support the alleged violation. The third party food delivery service shall have seven (7) c calendar days from the date of receipt of the written notice to cure any alleged violation c including but not limited to providing a refund of any charges exceeding the caps o imposed herein. c aD EP m b. "Online order" means an order placed by a customer through a platform provided by a third party food delivery service for delivery or pickup within the City. 5. If, after written notice is provided pursuant to section 4 above and the third party food delivery service fails to cure the alleged violation, including failing to provide a refund or continuing to charge fees in violation of this ordinance, the person or entity claiming a violation of this ordinance may bring a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney's fees. Attachment: 1. Packet Pg. 216 4.13.a 6. This ordinance is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Dublin, its elected and appointed officials, its departments, officers, or employees. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, 0 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 (D, thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Effective Date. Following adoption by at least a four -fifths vote of the City Council, this Ordinance shall take effect and be enforced immediately, and shall expire one (1) o year from the effective date, or upon the termination of the local state of emergency, whichever u° occurs first; or as otherwise terminated, modified or extended by the Dublin City Council. Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be published or posted in the manner required by law. N following vote: U AYES: 0 .N NOES: 0 ABSENT: 0 ABSTAIN: 0 L 0 0. E - r Mayor ATTEST: w m City Clerk O 3581523.2 >' a) 0, L PASSED, APPROVED AND ADOPTED this 15th day of September, 2020 by the Attachment: 1. Packet Pg. 217 September 15, 2020 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the September 15, 2020, Regular City Council meeting agenda packet. Item 4.13 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 4.13: Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third -Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic Following the September 1, 2020 City Council Meeting, Staff conducted a survey regarding the use of third -party food delivery services. The survey was sent out to 159 restaurants/food establishments with a 16% response rate (25 responses). The survey closed after the September 15, 2020 meeting packet was published, and a summary of the results of the survey are attached. Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Fast Food (Quick servi... Fast Casual (Counter... Casual Dining (Table servi... Fine Dining (Formal... Coffee Shop/Cafe Bar/Pub Q2 Type of food service: Answered: 25 Skipped: 0 Other' (catering, f... 0% 1 0 % 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES Fast Food (Quick service i.e. counter service or drive-thru, food served in disposable containers/wrapping, $) Fast Casual (Counter service, casual atmosphere, $-$$) Casual Dining (Table service, casual atmosphere, $$) Fine Dining (Formal atmosphere, $$$-$$$$) Coffee Shop/Cafe Bar/Pub Other (catering, food truck, etc.) TOTAL RESPONSES 16.00% 4 24.00% 6 52.00% 13 4.00% 1 0.00% 0 0.00% 0 4.00% 1 25 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q3 How long has the business been in operation in Dublin? Less than sa years 2 to 5 years' 6 to 10 year 10 to 15 years 16 or more years Er Answered: 25 Skipped: 0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Less than 2 years 2 to 5 years 6 to 10 years 10 to 15 years 16 or more years 8.00% 2 40.00% 10 8.00% 2 16.00% 4 32.00% 8 Total Respondents: 25 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q4 Do you currently offer: (Check all that apply) Takeout Direct Delivery Outdoor Dinine Delivery by a third -party... Catering onl Answered: 25 Skipped: 0 1 =.. == 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES Takeout Direct Delivery Outdoor Dining Delivery by a third -party food delivery service company Catering only Total Respondents: 25 RESPONSES 100.00% 25 20.00% 5 60.00% 15 88.00% 22 8.00% 2 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q5 How can customers place an order? (Check all that apply) Call business On the business's... On the business's app Through a third -party .. Other (please specify Answered: 25 Skipped: 0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Call business On the business's website On the business's app Through a third -party app or website Other (please specify) 32.00% 8.00% 12.00% 16.00% 32.00% 8 2 3 4 8 TOTAL 25 OTHER (PLEASE SPECIFY) DATE 1 2 3 4 5 6 7 8 phone, website, doordash, walk in at counter 9/11/2020 4:34 AM all the above 4 options 9/4/2020 7:12 PM call in or 3rd party app 9/4/2020 11:55 AM All of the above, it wasn't letting me select multiple items 9/3/2020 7:57 PM All the above 9/3/2020 7:20 PM In person, Call, website, third -party app or website 9/3/2020 5:58 PM All of the above 9/3/2020 5:37 PM Not allowing me to choose. I select Call bus., Bus. website, 3rd party app. 9/3/2020 5:31 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q6 Do you currently use a third -party food delivery service company? Yes No (If no then after.. ANSWER CHOICES Yes Answered: 25 Skipped: 0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% No (If no, then after clicking the "OK" button, scroll to bottom of this page and click on the "NEXT" button to skip to question 13) Total Respondents: 25 RESPONSES 92.00% 23 8.00% 2 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q7 What third -party food delivery service companies, if any, did you use prior to the COVI D-19 pandemic (i.e. prior to March 2020)? None Caviar DoorDash GrubHub PostMates Seamless UberEats Answered: 25 Skipped: 0 Other (please specify ANSWER CHOICES None Caviar DoorDash GrubHub PostMates Seamless UberEats Other (please specify) TOTAL I 0% 10% 20% 30% 40% 50% 60°A) 70% 80% 90% 100% RESPONSES 12.00% 3 0.00% 0 56.00% 14 12.00% 3 0.00% 0 0.00% 0 0.00% 0 20.00% 5 25 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey # OTHER (PLEASE SPECIFY) DATE 1 2 3 4 5 DoorDash, GrubHub, PostMates, UberEats, EZCater 9/4/2020 8:36 AM DoorDash and GrubHub, it doesn't let you select multiple 9/3/2020 7:57 PM ChowNow, DoorDash, Grubhub, Postmates,Grubhub,Ubereats, EzCater 9/3/2020 6:24 PM DoorDash, GrubHub & UberEats 9/3/2020 5:38 PM Again can't select multiples. I select: Doordash, UberEats, Postmates. 9/3/2020 5:31 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q8 What third -party food delivery service companies do you currently use? Caviar DoorDash GrubHub PostMates Seamless UberEats' Other (pleas specify Answered: 24 Skipped: 1 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Caviar DoorDash GrubHub PostMates Seamless UberEats Other (please specify) 0.00% 62.50% 8.33% 4.17% 0.00% 4.17% 20.83% 0 15 2 1 0 1 5 TOTAL 24 # OTHER (PLEASE SPECIFY) DATE 1 2 3 4 5 DoorDash, GrubHub, PostMates, UberEats, EZCater 9/4/2020 8:36 AM DoorDash and GrubHub 9/3/2020 7:57 PM ChowNow, DoorDash, Grubhub, Postmates,Grubhub,Ubereats, EzCater 9/3/2020 6:24 PM DoorDash, GrubHub & UberEats 9/3/2020 5:38 PM Can't choose multiples. I select: Doordash, UberEats, Postmates. 9/3/2020 5:31 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey # 1 No 9/11/2020 1:02 PM 2 no 9/11/2020 4:34 AM 3 no 9/9/2020 11:38 AM 4 No 9/7/2020 8:10 AM 5 no 9/5/2020 10:00 AM 6 N/a 9/4/2020 10:24 PM 7 no 9/4/2020 7:12 PM 8 No 9/4/2020 4:40 PM 9 no 9/4/2020 11:55 AM 10 Yes 9/4/2020 8:36 AM Q9 Does your agreement include additional services such as marketing, etc? Answered: 24 Skipped: 1 RESPONSES DATE 11 We are not affiliated with any online delivery platforms, but we are a highly requested 9/4/2020 12:50 AM restaurant so sometimes they take customer orders anyways and place the orders with us. So they host our menu without any contract or partnerships with us. This has been the case with DoorDash and grub hub. 12 yes 9/3/2020 11:44 PM 13 Yes 9/3/2020 9:14 PM 14 No but it is an option if I want it 9/3/2020 8:12 PM 15 Yes, marketing and ads 9/3/2020 7:57 PM 16 Yes 9/3/2020 7:42 PM 17 Don't know 9/3/2020 7:21 PM 18 no 9/3/2020 7:07 PM 19 Yes 9/3/2020 6:24 PM 20 Marketing is not included in fees. Marketing is charged separately when used. 9/3/2020 6:24 PM 21 No 9/3/2020 6:03 PM 22 yes 9/3/2020 5:38 PM 23 These are optional, I do choose to give discounts, free delivery to aid with attaining new 9/3/2020 5:31 PM customers. 24 No 9/3/2020 5:28 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q10 Has your experience been positive or negative? Please explain and include delivery partner's name if you use more than one service. Answered: 24 Skipped: 1 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey RESPONSES DATE 1 2 3 4 5 6 7 8 9 10 We pay 30% commission fee. Very high. neutral, negative at first due to excessive error charges, but they actually have been pretty good about reversing the charges, it just takes a LOT of time on our part. We also have increased the prices so that we can cover their fees, which is a bummer because the end customer ends up paying a lot more mostly positive doordash is consistent Positive sometimes the drivers are late or do not show up which result in food wastage. Positive neutral to negative. Commission fees are too high. mostly positive, DoorDash takes care of customer refunds and my main contact is super helpful even when its not her area of management. Also tried getting in touch with Postmates and Uber Eats for other businesses, they have been helpful in the beginning but the system after they get you signed on is very vague and distant. sometimes feeling a bit abandoned. Mixed 11 Negative. Entirely negative. DoorDash added us to their platform without a contract from us, so they in turn would call us and place the orders. The problem lies in the fact that they would send drivers to pick up well before our quoted wait times and their drivers would take the frustrations out on us. They would also send drivers who were wearing pajamas, wreaked of marijuana and would behave blatantly disrespectful to my staff and our guests. It was not okay. Because we were unaware this was happening many times we would get frustrated customers calling us and looking for their orders. But unfortunately when they placed it with a third party app like that, we have no controls over what misinformation they receive/d and the liability really does not lie with us. grub hub did not frequent us as often but also refuse to remove us from their "place and pay" program that we never agreed to be part of. I had to submit the request for them to stop adding us to that customer request platform called "place and pay" (which they use for frequently requested restaurants who are not their partners). It took many months and several repeated requests before they removed it from it. 12 13 14 15 16 17 18 19 20 negative (charged too much and always have problem with an order) Good service but high commission in general it's been positive but not where their commission is concerned Positive is the amount of business they help bring with delivery, negative is the fees and commissions are high some positive but mostly negative Door dash positive the service fee is too high delivery no consistent Positive because it brings in those orders Every partner has it's plus and minus. Technology is mostly good and reliable. Satisfaction w/drivers will vary. Merchant services are responsive. Most customer can resolve their issues directly. DD is most used for their delivery services, Postmates has least traffic. Generally all are good outside the the high fees they charge. 21 Positive 22 mostly positive 23 Positive to us. It opened up a section of business that was not available to us. Doordash, UberEast and Postmates. 9/11/2020 1:02 PM 9/11/2020 4:34 AM 9/9/2020 11:38 AM 9/5/2020 10:00 AM 9/4/2020 10:24 PM 9/4/2020 7:12 PM 9/4/2020 4:40 PM 9/4/2020 1:38 PM 9/4/2020 11:55 AM 9/4/2020 8:36 AM 9/4/2020 12:50 AM 9/3/2020 11:44 PM 9/3/2020 9:14 PM 9/3/2020 8:12 PM 9/3/2020 7:57 PM 9/3/2020 7:42 PM 9/3/2020 7:21 PM 9/3/2020 7:07 PM 9/3/2020 6:24 PM 9/3/2020 6:24 PM 9/3/2020 6:03 PM 9/3/2020 5:38 PM 9/3/2020 5:31 PM 24 Neutral 9/3/2020 5:28 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q11 What is the average fee/commission you are charged? 10% 15% 25 Vo 30% Answered: 24 Skipped: 1 1 A Other (pleasE explain 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES 10% 15% 25% 30% Other (please explain) TOTAL RESPONSES 4.17% 4.17% 25.00% 41.67% 25.00% 1 1 6 10 6 24 OTHER (PLEASE EXPLAIN) DATE 1 I am not sure 9/5/2020 10:00 AM 2 20-25% and 28% depends on exclusivity and other perks 9/4/2020 11:55 AM 3 See answer above. As we were not a partner and did not sign a contract, we did not get 9/4/2020 12:50 AM charged a commission. 4 Fees vary and have increased since contracts started - 30%+ at this time. 9/3/2020 6:24 PM 5 29% for us to be exact. 9/3/2020 5:31 PM 6 GrubHub does not charge businesses either does Postmates. They make their money from 9/3/2020 5:28 PM charging more for the food on their websites. Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q12 Is this amount more than you agreed to in your contract? Yes No Answered: 23 Skipped: 2 0% 1 0 % 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES Yes No Total Respondents: 23 RESPONSES 26.09% 6 73.91% 17 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey 1 2 3 4 5 6 7 8 Q13 If you are not in contract with a third -party food delivery service, why? Answered: 8 Skipped: 17 RESPONSES we are in contract Their fees are astronomical. We are already so extremely high volume, we cannot set aside designated employees just to transfer their order to our point of sale systems. DoorDash partnerships require you take a tablet from them and then you have to transfer the orders to your system when they come in. I don't have the time to do that. We need up to 7 people on average just to man the phones, bagging orders and delivering curbside. That's not including kitchen staff. If I had to transfer orders from their tablet to our system, that would require I have more bodies. Aside from that, we are so high volume and we would never be able to keep up with the order demand that would come barreling through once we open for service. It would be unmanageable even with the tools they offer to manage the number of orders coming through and the estimated wait times. Our customers are loyal and do their own takeout directly through us. NA I am n/a N/A N/A N/A DATE 9/4/2020 7:14 PM 9/4/2020 12:59 AM 9/3/2020 7:58 PM 9/3/2020 7:22 PM 9/3/2020 6:25 PM 9/3/2020 6:05 PM 9/3/2020 5:39 PM 9/3/2020 5:36 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q14 Do you have interest in entering into a contract with one? Maybe Yes Not sure Commen (optional Answered: 11 Skipped: 14 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES Maybe Yes No Not sure Comment (optional) Total Respondents: 11 RESPONSES 9.09% 1 18.18% 2 18.18% 2 18.18% 2 45.45% 5 COMMENT (OPTIONAL) DATE 1 we only use Doordash, it is very complicated to manage just the one 9/11/2020 4:37 AM 2 Absolutely not. Not ever. 9/4/2020 12:59 AM 3 NA 9/3/2020 7:58 PM 4 We are open to new providers if they provide delivery. 9/3/2020 6:25 PM 5 We already are in contract. 9/3/2020 5:36 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q15 Do you think the City should implement a temporary 15% cap on food delivery service fees charged to restaurants in Dublin related to the COVID-19 pandemic? Yes No Not sure Answered: 18 Skipped: 7 0% 1 0 % 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES Yes No Not sure TOTAL RESPONSES 83.33% 0.00% 16.67% 15 0 3 18 Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey 2 3 4 5 6 7 8 9 10 11 12 13 Q16 Are there any other comments you would like to share regarding the City implementing a possible COVID-19 related limit (or cap) on fees charged by third -party food delivery companies? Answered: 15 Skipped: 10 RESPONSES Livermore more has a cap at 15% which helps the local businesses profit margin. Please help your local businesses so we don't loose customers to Livermore. They have done this in Livermore, and it has helped us a lot. Our weekly fees with doordash exceed $2000 at our Dublin location now. reduce delivery fees to $5 it would def be nice to have a 15% cap, but then they would charge extra for many services we might be receiving for free/included... 15% is already a lot. If it can be less or little to none, it would be ideal. Although we have a loyal following that's keeping us afloat, most others do not. We have many friends in the industry that are struggling greatly just to stay afloat. They need ALL of their revenue to stay in house. Yes I'm all for it. During this pandemic it is necessary. Once the pandemic id over, the commissions can go back to where they were pre-covid No no No Commission and service fee paid are almost 25-30% The third party partners early on offered some relief, which was appreciated. For the long term, the 25%+ fees compound our loss in sales. Food, rent and utilities have had no relief, so even the best of business are running inefficiently. It is difficult to control and cover all costs. We work hard to avoid impacting our employees and quality of products we offer to our customers, but we cannot maintain high fees while sales are unstable due to the crisis. /A 14 Since 3/16/2020 our sales via 3rd party delivery service have increased by 75% compare to before COVID. The strongest of the 3rd party delivery companies in our Tri-Valley area is Doordash. Since start of COVID their sales/market share have increased substantially. 15 I usually try to avoid third party companies. They cause bad reviews. Sometimes the delivery company orders wrong or takes too long and the business ends up getting a bad review. DATE 9/11/2020 1:04 PM 9/11/2020 4:37 AM 9/4/2020 7:14 PM 9/4/2020 12:14 PM 9/4/2020 12:59 AM 9/3/2020 9:16 PM 9/3/2020 8:15 PM 9/3/2020 7:58 PM 9/3/2020 7:44 PM 9/3/2020 7:22 PM 9/3/2020 6:26 PM 9/3/2020 6:25 PM 9/3/2020 6:05 PM 9/3/2020 5:36 PM 9/3/2020 5:28 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q17 Please review the City's #DublinEats webpage and let us know if there are any edits/corrections to your restaurant's listing or if you wish to remove delivery partners from your listing. Answered: 7 Skipped: 18 RESPONSES DATE 1 looks good, thank you! 9/11/2020 4:37 AM 2 None 9/4/2020 7:14 PM 3 Ok 9/3/2020 9:16 PM 4 Okay 9/3/2020 7:58 PM 5 Add STE F to the address: Add CHOWNOW, UBEREATS to 3rd party 9/3/2020 6:25 PM 6 N/A 9/3/2020 5:36 PM 7 It's good 9/3/2020 5:28 PM Dublin Restaurants Survey about Food Delivery Service Providers SurveyMonkey Q18 Do you have other COVID-19 related questions or concerns and would like to talk to Staff from the City's Office of Economic Development? Answered: 10 Skipped: 15 RESPONSES DATE 1 no 9/11/2020 4:37 AM 2 the rent is too high 9/4/2020 7:14 PM 3 No 9/3/2020 9:16 PM 4 Financial help with tents during the rainy season would be extremely helpful 9/3/2020 8:15 PM 5 No 9/3/2020 7:58 PM 6 No 9/3/2020 7:22 PM 7 No 9/3/2020 6:26 PM 8 Lease rent relief - directly appealing to commercial landlords to be a partner. Remove all city 9/3/2020 6:25 PM fees and permits needed for temporary signage. We are desperate to get the word out that WE ARE OPEN at a street level. 9 N/A 9/3/2020 5:36 PM 10 I do not 9/3/2020 5:28 PM 4.14 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of the August 18, 2020 and the September 1, 2020 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 August 18, 2020 and the September 1, 2020, Regular City Council meetings. STAFF RECOMMENDATION: Approve the minutes of the August 18, 2020 and the September 1, 2020, Regular City Council meetings. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the August 18, 2020 and the September 1, 2020, Regular City Council meetings. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting th, City anager 9/8/2020 Page 1 of 1 Packet Pg. 218 4.14.a MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING — AUGUST 18, 2020 Closed Session 6:16 P.M. I. Conference with Real Property Negotiators Property: Alameda County Assessor's Parcel Nos. 941-1560-3-3 and 941-1560- 10-1 Agency Negotiator: Linda Smith, City Manager Negotiating Parties: Dublin Historic Preservation Association Under Negotiation: Price and Terms of Payment Regular Meeting A Regular Meeting of the Dublin City Council was held on Tuesday, August 18, 2020, remotely via Zoom Video Communications. The meeting was called to order at 7:02 PM, by Mayor Haubert. 1. Call to Order and Pledge of Allegiance Attendee Name Title Status David Haubert , Mayor Present Arun Goel Vice Mayor Present Melissa Hernandez Councilmember Present Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Report on Closed Session — No reportable action of Closed Session. 3. Oral Communications 3.1. Introduction of Commander of Camp Parks, Lieutenant Colonel Serena D. Johnson The City Council welcomed Lieutenant Colonel Serena D. Johnson. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 219 4.14.a 3.2. Introduction of the New Alameda County Fire Chief William L. McDonald The City Council welcomed the new Fire Chief, William L. McDonald. 3.3. Public Comment Ekansh Agrawal provided public comment. Jeff Gebel provided public comment. Anthony Woods provided public comment. 4. Consent Calendar i Item 4.2 was requested to be pulled from the Consent Calendar for a separate discussion and vote. 4.1. Approved the July 9, 2020, City Council Special Meeting Minutes and the July 21, 2020, Regular City Council Meeting Minutes. 4.3. Received the City Treasurer's Informational Report of Investments for the Quarter Ending June 30, 2020. 4.4. Received the Payment Issuance Report and Electronic Funds Transfers. 4.5. Adopted RESOLUTION NO. 78 — 20 WAIVING THE COMPETITIVE BID PROCESS AND APPROVING THE PURCHASE OF TWO FIRE ENGINES THROUGH COOPERATIVE PURCHASING PROGRAM CONTRACTS, AND APPROVING THE OUTFITTING OF THE FIRE ENGINES BY THE ALAMEDA COUNTY FIRE DEPARTMENT AS A SOLE SOURCE PROVIDER 4.6. Adopted RESOLUTION NO. 80 — 20 AUTHORIZING THE PURCHASE OF COMPUTERS AND RELATED EQUIPMENT FROM DELL MARKETING, L.P. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 2 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 220 4.14.a 4.7. Waived the reading and INTRODUCED an Ordinance Reducing the Speed Limit on Dublin Boulevard between Scarlett Drive and Tassajara Road to 40 MPH. 4.8. Waived the reading and Adopted ORDINANCE NO. 11 — 20 APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE AMENDING CHAPTER 4.04 (BUSINESS REGISTRATION) RELATING TO SWORN STATEMENT REQUIREMENTS 4.9. Adopted RESOLUTION NO. 81 — 20 APPROVING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT WITH FRED N. DELANOY, TRUSTEE FOR IMPROVEMENTS TO 6985-7001 DUBLIN BOULEVARD 4.10. Received the report of Actions Taken During Council Recess - Annual Street Resurfacing Project (2020 Slurry Seal). 4.11. Adopted RESOLUTION NO. 82 — 20 APPROVING AMENDMENT #1 TO THE AGREEMENT WITH COLIN SELIG FOR A PUBLIC ART PROJECT AT CLOVER PARK 4.12. Adopted RESOLUTION NO. 83 — 20 APPROVING AN AGREEMENT WITH HERC RENTALS FOR ELECTRICAL EQUIPMENT RENTAL FOR CITY -PRODUCED SPECIAL EVENTS DURING FY 2020-22 RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 4.2. Second Reading of Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 221 4.14.a On motion by Councilmember Josey, seconded by Councilmember Kumagai, and by a three to two vote, the Ordinance Amending the Salary for Members of the City Council to a 3 percent increase per calendar year was adopted. ORDINANCE NO. 10 — 20 AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL RESULT: MOVED BY: SECOND: AYES: NOES: ADOPTED [3 TO 2] Jean Josey, Councilmember Shawn Kumagai, Councilmember Josey, Kumagai, Hernandez Goel, Haubert 5. Written Communication — None. 6. Public Hearing — None. i 7. Unfinished Business 7.1. At Dublin Reconsideration (PLPA-2017-00061) The City Council discussed reconsidering its June 22, 2020, decision to deny the At Dublin project with prejudice, and to instead deny the project without prejudice. Ian Kaplan, provided public comment. Jeanine Gillengerten, provided public comment. Shirley Lewandowski, provided public comment. Sri Muppidi, provided public comment. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 4 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 222 4.14.a Jeff Gebel, provided public comment. Inge Houston, provided public comment. David Burrows, provided public comment. On motion by Councilmember Kumagai, second by Councilmember Josey, and by a three to two vote, the motion to reconsider the decision to deny the At Dublin project with prejudice passed. RESULT: MOVED BY: SECOND: AYES: NOS: PASSED [3 TO 2] Shawn Kumagai, Councilmember Jean Josey, Councilmember Josey, Kumagai, Haubert Goel, Hernandez On motion by Councilmember Kumagai, seconded by Councilmember Josey, and by a three to two vote, the Council denied the At Dublin project without prejudice, and directed Staff to leave the General Plan Amendment study open and continue to work with the property owner to engage the Community and better understand what they would like to see on this property moving forward. RESULT: MOVED BY: SECOND: AYES: NOS: MOTION PASSED AND PROJECT DENIED WITHOUT PREJUDUCE [3 TO 2 VOTE] Shawn Kumagai, Councilmember Jean Josey, Councilmember Josey, Kumagai, Haubert Goel, Hernandez Mayor Haubert called for a five-minute break at 9:15 p.m. The meeting resumed at 9:22 p.m. 7.2. Review of Community Workforce Agreements: Themes, Data, and Proposed Negotiation Terms The City Council reviewed and discussed the report and provided their feedback. Joe Lubas, provided public comment. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 5 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 223 4.14.a Ed Duarte, provided public comment. Rafael Gonzalez, provided public comment. Nicole Goehring, provided public comment. Greg Bonato, provided public comment. Eric Christen, provided public comment. The City Council gave direction to the City Manager, Linda Smith, to move forward and negotiate with the Alameda County Building and Construction Trades Council with the following parameters: support local hires and what area would be applicable, negotiate thresholds, increase the pipeline of skilled labor, encourage apprenticeship programs, ensure those who are not in the union have some level of input through core worker provisions, include protection for small businesses that may not be union shops, and focus on items that are consistent with the themes and the key elements of the program, with the intention to bring an agreement before the Council prior to the end of the 2020 year. 8. New Business 8.1. Revisions to the City's Mission, Vision, and Values The City Council discussed revising the City's Mission, Vision, and Values. David Burrows provided public comment. Maahum Shahab provided public comment. On motion by Councilmember Josey, second by Mayor Haubert, the Council unanimously directed Staff to change the City's Mission, Vision, and Values Statement to the following: 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. Vision: Dublin is a diverse and inclusive community to live, work, and raise a family. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 6 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 224 4.14.a Add to the Values: Diversity— We will support a wide range of programs and events that reflect and cater to the diversity of our residents. Equity — We will deliver our services in a way that ensures equitable access to all. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Jean Josey, Councilmember SECOND: David Haubert, Mayor AYES: Josey, Kumagai, Goel, Haubert, Hernandez Due to the late hour, Item 8.2 Informational Item: COVID-19-Related Moratoriums on Rent Increases and Late Fees, and Item 8.3 Approval of CARES Act Funding Spending was moved to the September 1, 2020 City Council meeting. 4- 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 (AB 1234). By consensus, the City Council directed Staff to bring back an item providing less punitive alternatives of enforcement of the public health order, specifically with regard to wearing face masks; to engage in communication with Reverend Anthony Woods, with the NAACP, to discuss his proposal for alternative uses for the site previously slated for the Valley Children's Museum; and to bring back an informational report on placing a cap for fees on food delivery services during the COVID-19 pandemic to better support local businesses. 10. Adjournment v The meeting was adjourned at 11:36 p.m. in honor of Sean Diamond and all our fallen troops. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES REGULAR MEETING AUGUST 18, 2020 7 Attachment: 1. Draft Minutes of the August 18, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 225 4.14.b MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING — SEPTEMBER 1, 2020 Regular Meeting A Regular Meeting of the Dublin City Council was held on Tuesday, September 1, 2020, remotely via Zoom Video Communications. The meeting was called to order at 7:00 PM, by Mayor Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Arun Goel Vice Mayor Present Melissa Hernandez Councilmember Present Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Pledge of Allegiance The pledge of allegiance was recited by the City Council and Staff. 3. Oral Communications 3.1. Public Comment - None 4. Consent Calendar Item 4.2 was pulled for separate vote as Councilmember Josey recused herself from the item. 4.1. City Proclamations for the Month of September The City Council approved the September 2020 Proclamations for Constitution Week, National Suicide Prevention and Awareness Month, National Hispanic Heritage Month, National Childhood Cancer Awareness Month, National Wilderness Month, National Prostate Cancer Awareness Month, National Preparedness Month, National Ovarian Cancer Awareness Month, National Childhood Obesity Awareness Month, and National Alcohol and Drug Addiction Recovery Month. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 226 4.14.b 4.3. Adopted 4.4. Adopted RESOLUTION NO. 86 — 20 APPROVING A SOFTWARE SERVICES AGREEMENT WITH OPENGOV INC. RESOLUTION NO. 87 - 20 AUTHORIZING THE PROCUREMENT OF OFFICE SUPPLIES FROM BLAISDELL'S BUSINESS PRODUCTS 4.5. Adopted RESOLUTION NO. 88 — 20 AUTHORIZING THE CITY TO BECOME AN ADDITIONAL MEMBER OF THE CALIFORNIA COMMUNITY HOUSING AGENCY ("CALCHA"); SUPPORTING CALCHA'S ISSUANCE OF TAX-EXEMPT BONDS FOR THE PRODUCTION, PRESERVATION AND PROTECTION OF ESSENTIAL MIDDLE -INCOME RENTAL HOUSING; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO PURCHASE OPTION AGREEMENTS WITH CALCHA FOR ESSENTIAL MIDDLE -INCOME RENTAL HOUSING CREATED WITHIN CITY LIMITS 4.6. Adopted RESOLUTION NO. 89 - 20 COMPLETING THE 2020 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS 4.7. Approved the artwork and Adopted RESOLUTION NO. 90 - 20 APPROVING A PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT WITH CARL ZEISS MEDITEC, INC. FOR PUBLIC ART AT ZEISS INNOVATION CENTER 4.8. Waived the reading and Adopted ORDINANCE NO. 91 — 20 AMENDING DUBLIN TRAFFIC CODE TO REDUCE SPEED LIMIT ON DUBLIN BOULEVARD BETWEEN SCARLETT DRIVE AND TASSAJARA ROAD DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 2 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 227 4.14.b RESULT: MOVED BY: SECOND: AYES: ADOPTED [UNANIMOUS] David Haubert, Mayor Melissa Hernandez, Councilmember Josey, Kumagai, Goel, Haubert, Hernandez 4.2. Approval of Third Amendment to PCS Site Agreement for Lease of Communications Site (11600 Shannon Avenue) Item 4.2 was pulled by Councilmember Josey and she recused herself from the vote. On motion by Mayor Haubert, and seconded by Councilmember Hernandez, with Councilmember Josey recusing herself, the City Council adopted RESOLUTION NO. 92 - 20 APPROVING THE THIRD AMENDMENT TO THE PCS SITE AGREEMENT (11600 Shannon Avenue) RESULT: MOVED BY: SECOND: AYES: ABSENT: ADOPTED [UNANIMOUS] David Haubert, Mayor Melissa Hernandez, Councilmember Kumagai, Goel, Haubert, Hernandez Josey 5. Written Communication 5.1. Informational Item: COVID-19-Related Moratoriums on Rent Increases and Late Fees The City Council received the informational report. 6. Public Hearing — None. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 228 4.14.b 7. Unfinished Business 7.1. CARES Act Funding Proposed Spending Plan The City Council considered approval of a spending plan for the City's allocation of $811,404 in funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, as provided for in the State's Fiscal Year 2020-21 Adopted Budget, for expenditures incurred due to the COVID-19 Public Health Emergency. On motion by Councilmember Josey, seconded by Councilmember Hernandez, and by unanimous vote, the Council directed Staff to leave categories one, two, and three as Staff recommended, combine categories four, Health Order Compliance, and five, COVID-19 Economic Support into Economic Support, apply $150,000 towards Rental Assistance through Alameda County, allocate the remaining Economic Support funds of $467,342 for the Small Business Microloan program, and adopt RESOLUTION NO. 93 — 20 APPROVING THE CARES ACT FUNDING SPENDING PLAN RESULT: MOVED BY: SECOND: AYES: ADOPTED [UNANIMOUS] Jean Josey, Councilmember Melissa Hernandez, Councilmember Josey, Kumagai, Goel, Haubert, Hernandez 8. New Business 8.1. COVID-19-Related Limit on Fees Charged by Third -Party Food Delivery Companies The City Council received the report on the COVID-19-related limit on fees charged by third -party food delivery companies enacted by various cities in the East Bay, and asked clarifying questions. Jesus Orozco provided public comment. Pooja Khurana provided public comment. By Consensus, the Council directed Staff to bring back an Urgency Ordinance at the next City Council meeting on September 15, 2020 that limits third -party delivery fees to a 15% cap and expires in one year, or when the pandemic ends. In addition, the Council would like Staff to conduct outreach to local restaurants, reach out to DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 4 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 229 4.14.b the Government Affairs office for third -party providers to gain perspective of the delivery drivers and ensure their wages are not cut due to the cap, and include a six month check -in with the Economic Development Department. 8.2. Dublin Municipal Code Amendments to Authorize Administrative Citations for the Municipal Code and Other Enforceable City Regulations and Standards and to Declare Violations of Public Heath Orders to be Unlawful The City Council received the report from the Acting Assistant City Attorney, Jordyn Bishop. On motion by Mayor Haubert, seconded by Councilmember Josey, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Other Enforceable City Regulations and Standards and to Declare Violations of the Public Health Orders to be Unlawful; and ADOPTED the Urgency Ordinance accomplishing the same, as an urgency matter necessary for the immediate preservation of the public peace, health, and safety for the period until the Ordinance becomes effective. URGENCY ORDINANCE NO. 12 - 20 AMENDING THE DUBLIN MUNICIPAL CODE TO AUTHORIZE ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE MUNICIPAL CODE AND OTHER ENFORCEABLE CITY REGULATIONS AND STANDARDS AND TO DECLARE VIOLATIONS OF PUBLIC HEALTH ORDERS TO BE UNLAWFUL RESULT: MOVED BY: SECOND: AYES: APPROVED [UNANIMOUS] David Haubert, Mayor Jean Josey, Councilmember Josey, Kumagai, Goel, Haubert, Hernandez 8.3. Establishment of a Community Taskforce The City Council received the report and considered the recommendations by Councilmembers Josey and Kumagai on the formation of a Community Taskforce on policing in Dublin. By consensus, the City Council supported Option B, which includes exploring a more global scope for the Taskforce to develop recommendations inclusive of Option A (training curriculum, policies and procedures, data transparency and context, communications, and public engagement and community relations) plus: DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 5 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 230 4.14.b • Boards and Commission Recruitment • Inclusive, Equitable, and Accessible Programming and Events • Community Agency Funding and Support • Communications 8.4. Temporary Political Signs The City Council received a report on the City's current regulations pertaining to temporary political signs and how they are enforced. On motion by Councilmember Josey, seconded by Councilmember Kumagai, and with Mayor Haubert abstaining, and Vice Mayor Goel voting no, the item passed with no change to the current Dublin Municipal Code (DMC) as it pertains to the Sign Ordinance, the Council directed Staff to discard signs that are removed from Public property, rather than storing them. In addition, if Staff encounters a repeat offender, they should enforce the DMC by way of the administrative citation process. RESULT: MOVED BY: SECOND: AYES: NOES: ABSTAIN: PASSED [UNANIMOUS] Jean Josey, Councilmember Shawn Kumagai, Councilmember Josey, Kumagai, Hernandez Arun Goel, Vice Mayor David Haubert, Mayor 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). By majority, the City Council asked staff to bring back an informational item on the Bay Area Green New Deal, the Alameda County Economic Green Recovery Act, and a draft proposal for the City's adoption after the Council adopts the Climate Action Plan. By majority, the City Council asked staff to bring back an informational item on mental health services and resources within the City of Dublin; how these services are currently being delivered and what options are available to the Community. 10.Adjournment The meeting was adjourned at 10:03 p.m. in honor of Sean Diamond and all our fallen troops. DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 6 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 231 4.14.b Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 1, 2020 7 Attachment: 2. Draft Minutes of the September 1, 2020 Regular City Council Meeting (Draft Minutes of the August 18, 2020 & the September 1, Packet Pg. 232 6.1 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Climate Action Plan 2030 and Beyond Prepared by: Rebecca Parnes, Environmental Technician EXECUTIVE SUMMARY: The City Council will conduct a public hearing on the Initial Study/Negative Declaration for, and consider adoption of, the Climate Action Plan 2030 and Beyond. The Climate Action Plan establishes 22 measures to achieve greenhouse gas emissions reductions equal to 40% below 1990 levels by 2030 and puts the City on the path to achieve carbon neutrality by 2045. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and adopt the Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond and adopt the Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond. FINANCIAL IMPACT: Adoption of the Climate Action Plan 2030 and Beyond (CAP 2030, Exhibit A to Attachment 4) does not immediately obligate the City to incur costs on implementation measures. Staff will return to the City Council for feedback, approval and authorization to implement CAP 2030 measures, as necessary. A list of estimated community and City costs, as well as co -benefits of each measure, is provided in the CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs, which is also provided as Attachment 6. A more detailed description of cost estimates can be found in the CAP 2030 within each measure description and in Appendix C Measure Quantification Evidence. Table 8-1, Climate Action Plan Funding Matrix in the CAP 2030 (Attachment 7) highlights implementation funding options. Financial incentives and rebates to offset such costs for implementation measures will be promoted when available. Page 1 of 6 Packet Pg. 233 6.1 DESCRIPTION: On December 17, 2019, the City Council received a report (Attachment 8) on potential implementation measures and goals for inclusion in an updated Climate Action Plan (CAP). The update to the CAP builds upon the success of the current CAP which was adopted by the City Council in 2013. Dublin is on track to meet its 2020 greenhouse gas (GHG) emissions reduction goals described in the 2013 CAP, despite being one of the fastest growing communities in California for several years. Many successful CAP initiatives have been implemented including installation of publicly accessible electric vehicle charging stations at four municipal locations, implementation of the City's Bicycle and Pedestrian Master Plan, participation in the Alameda County Waste Management Authority's Mandatory Recycling Ordinance, and participation in the Sustainable States Network Community Energy Challenge. The proposed implementation measures for the updated CAP, to achieve GHG emissions reductions equal to 40% below 1990 levels by 2030, was presented to the City Council at the December 17, 2019 meeting and are substantially the same as the measures in the final draft of the Climate Action Plan 2030 and Beyond (CAP 2030). The CAP 2030 (Attachment 5) includes the following five strategies to achieve GHG emissions reductions: • Strategy 1 — Renewable and Carbon Free Energy • Strategy 2 — Building Efficiency and Electrification • Strategy 3 — Sustainable Mobility and Land Use • Strategy 4 — Materials and Waste Management • Strategy 5 — Municipal Leadership Each strategy includes several implementation measures with identified co -benefits, community costs, and City costs. A summary of these is found in CAP 2030, Table 6-3 (Attachment 6). Though the implementation measures are substantially the same as was presented to the City Council in December, the measure with the greatest GHG emission reduction potential relating to 100% clean electricity has been adjusted to reflect a decision by the East Bay Community Energy (EBCE) Board to freeze new enrollment in Brilliant 100 as of July 1, 2020. Staff originally proposed that the City Council would consider adopting a Resolution to opt -up communitywide accounts to either 100% carbon -free (Brilliant 100) or 100% renewable and carbon -free (Renewable 100) energy with EBCE. The proposed revised measure, CF-1: Opt -Up to 100% Renewable and Carbon -Free Electricity, is adjusted to reflect the sole current carbon -free offering at EBCE, Renewable 100. Two decisions by the EBCE Board led to the elimination of Brilliant 100. On April 22, 2020, the EBCE Board voted to decline to accept an allocation of nuclear energy from Pacific Gas & Electric. The EBCE Board also voted to establish a power content Page2of6 Packet Pg. 234 6.1 procurement floor so that renewable energy from wind and solar is now the benchmark for comparing EBCE's carbon -free power content to that of PG&E. Prior to this, EBCE compared all carbon -free power, including non-renewable carbon -free electricity from large hydropower to PG&E's non-renewable carbon -free power, which includes both large hydropower and nuclear energy. These two decisions have made it more difficult for Brilliant 100 to remain competitive with PG&E. The EBCE Board will consider options for alternate carbon -free offerings that are on par with PG&E's standard service rates at its next Board meeting scheduled for September 16, 2020, including possibly bringing back a nuclear energy option, currently dubbed "Brilliant 100 Select". EBCE presented this option to staff from Alameda County cities on August 18, 2020 at the monthly EBCE update that follows the StopWaste Technical Advisory Group meeting. If the City Council is interested in a potential Brilliant 100 Select offering, it needs to be proactively communicated to EBCE by October 2020 at the latest. If the Brilliant 100 Select product is approved by the EBCE Board, the nuclear power source will be the Diablo Canyon Power Plant which is owned by PG&E. The Diablo Canyon Power Plant is scheduled to close in 2025, making Brilliant 100 Select an interim option for 100% carbon -free electricity. There is no proposed change to Renewable 100 cost or power portfolio. CAP 2030 Implementation and Monitoring Implementation of the CAP 2030 and achievement of the GHG emissions reduction goals requires engagement and action by the Dublin community in addition to City actions. As such, every measure except for those under "Municipal Leadership" incorporates some element of community outreach, which will typically be done before a resolution is proposed to the City Council for consideration and/or before a program is implemented, and after a program is initiated. If the CAP 2030 is adopted, Staff plans to develop and implement a public education plan to promote behavior change relative to the actions identified in the CAP 2030. The public education plan for the CAP 2030 will be updated and adjusted as needed to facilitate effective public education on measure implementation requirements, financing opportunities, and co -benefits of the CAP 2030 implementation. Staff will conduct annual monitoring of the GHG emissions reduction measures and report to the City Council every other year beginning in 2022. Table 8-2: GHG Emissions Reduction Measures Monitoring and Reporting Program in the CAP 2030 lists how, when, and which City department(s) will monitor the ongoing implementation of the CAP measures. Staff will conduct GHG emissions reductions inventories on a routine basis but no less than every three years with the next inventory to be complete for calendar year 2022. If the City has made sufficient progress on GHG emissions reduction goals by 2025 to reach the 2030 targets, it is anticipated that no additional CAP measure adjustments would be proposed before the next scheduled CAP update. If the City is not on track to meet 2030 GHG emissions reduction goals by 2025, a CAP Page3of6 Packet Pg. 235 6.1 update may be brought to the City Council for consideration to add emissions reduction measures. A complete CAP update for post-2030 to achieve carbon neutrality by no later than 2045 will be required, and Staff will begin this effort in 2028. Conclusion In addition to GHG emissions reduction benefits, the CAP 2030 highlights co -benefits or positive effects that implementation of each measure can achieve. These co -benefits include economic growth, reduced traffic congestion, improved public health, healthier ecosystems, robust landscapes, carbon sequestration, enhanced resilience, equity and inclusion, community leadership and partnerships, and cutting -edge technologies. The anticipated co -benefits support the City's 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." If adopted, the CAP 2030 will be a new milestone in the City's commitment to a sustainable, equitable future for the entire community. After CAP 2030 adoption by the City Council, the measures Staff plans to prioritize for further City Council action in the coming months are: • CF-1: Opt -Up to 100% Renewable and Carbon -Free Electricity • EE-1. Achieve All -Electric New Building Construction • SM-1. Adopt an Electric Vehicle Charging Station Ordinance Staff has already begun work on the following measures and intends to continue this work: SM-5. Update the City's Bicycle and Pedestrian Master Plan SM-6. Continue to Prioritize Transit -Oriented Development ML-1. 100% Renewable Electricity for Municipal Buildings and Operations (completed) ML-3. Electrify Municipal Vehicle Fleet and Equipment ML-6. Enhance Municipal Carbon Sequestration Opportunities ML-7. Implement the Green Stormwater Infrastructure Plan Environmental Review The overall purpose of the CAP 2030 is to reduce greenhouse gas (GHG) emissions and the impacts that GHG emissions will have on the community and the global environment, and therefore, it is a project designed to benefit the environment. As a result, it may not constitute a "project" under the California Environmental Quality Act (CEQA), or it may qualify for an exemption under CEQA. However, as with a proposal relating to development, implementation of the CAP 2030 could potentially result in adverse impacts on the physical environment. Therefore, an Initial Study was prepared by the City pursuant to CEQA to evaluate whether there are any potentially adverse environmental impacts of implementing the CAP 2030. No adverse impacts were identified, and a Negative Declaration was prepared. Page 4 of 6 Packet Pg. 236 6.1 The Initial Study/Negative Declaration was circulated for public review from July 24, 2020 to August 24, 2020 (Exhibit A to Attachment 1). During the public review period, the City received four comment letters and one comment email (Exhibit B to Attachment 1) from the following: California Department of Conservation Geologic Energy Management Division dated August 3, 2020 Romal Mitr (email) dated August 12, 2020 Western Propane Gas Association dated August 19, 2020 Tri-Valley Air Quality Community Alliance dated August 21, 2020 Bay Area Air Quality Management District (BAAQMD) dated August 24, 2020 None of the comment letters raised any concerns resulting in adjustments to the CEQA document or the CAP 2030. CEQA allows cities to develop Climate Action Plans or GHG emissions reductions plans to provide programmatic analysis of cumulative impacts of GHG emissions for future projects in the City. CEQA Guidelines Section 15183.5 authorizes the use of these plans for the analysis of the cumulative impacts of projects. The BAAQMD CEQA Guidelines and Significance Thresholds for GHG emissions also authorize the use of these plans for CEQA review of future projects. The CAP 2030 serves as the City's qualified GHG Reduction Plan and programmatic tiering document for the purposes of CEQA for analysis of impacts of GHG emissions and climate change. The City has determined that the reduction target in the Plan will reduce the impact from activities in the Plan to a less than significant level under CEQA (i.e., the project will not make a cumulatively considerable contribution to a significant cumulative impact). Therefore, the CAP 2030 may be used for the cumulative impact analysis for future projects and development in the City covered by the Plan. As such, it satisfies CEQA review requirements for all applicable projects within the City. If a proposed project is consistent with the applicable GHG emissions reduction measures identified in the CAP 2030, the project would be considered to have a less than significant impact (i.e., the project will not make a cumulatively considerable contribution to a significant cumulative impact) due to GHG emissions and climate change consistent with Public Resources Code 21083.3, CEQA Guidelines Sections 15183.5, 15064, and 15130, and BAAQMD adopted CEQA Guidelines and GHG Significance Thresholds. STRATEGIC PLAN INITIATIVE: None. Page 5 of 6 Packet Pg. 237 6.1 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was mailed to interested parties, including surrounding jurisdictions and various state and regional agencies. Additionally, the Public Notice was published in the East Bay Times and posted in the Civic Center kiosk. A news flash was also released. ATTACHMENTS: 1. Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond 2. Exhibit A to the Resolution - Initial Study Negative Declaration 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration 4. Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond 5. Exhibit A to the Resolution - City of Dublin Climate Action Plan 2030 and Beyond 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs 7. CAP 2030 Table 8-1: Climate Action Plan Funding Matrix 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) Page 6 of 6 Packet Pg. 238 6.1.a RESOLUTION NO. XX — 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING AN INITIAL STUDY/NEGATIVE DECLARATION FOR THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND WHEREAS, the City Council adopted Resolution 167-10 approving the City of Dublin Climate Action Plan on November 16, 2010 establishing greenhouse gas (GHG) reduction goals for 2020; and WHEREAS, under the California Environmental Quality Act (CEQA) a city may prepare a qualified GHG Reduction Strategy or Climate Action Plan to evaluate a community's cumulative impact due to GHG emissions from future planned development; and WHEREAS, if a project is consistent with an adopted, qualified GHG Reduction Strategy or Climate Action Plan, the Strategy/Plan can be used as a basis for determining that the project would have a less than significant impact on a community's cumulative GHG emissions under CEQA; and WHEREAS, the City Council adopted Resolution 177-13 approving the City of Dublin Climate Action Plan Update on October 15, 2013 to use as a basis for determining that a future project that was consistent with the adopted Climate Action Plan Update would have a less than significant impact on Dublin's cumulative GHG emissions under CEQA through 2020; and WHEREAS, the City of Dublin is on track to meet the 2020 GHG reduction goals established by the Plans; and WHEREAS, in 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State's commitment to GHG emissions reductions by tightening the target to 40% below 1990 levels by 2030; and WHEREAS, in 2018, Governor Brown adopted Executive Order (EO) B-55-18 setting a Statewide goal of reaching carbon neutrality by no later than 2045; and WHEREAS, on December 17, 2019, the City Council provided consensus to align the City's future Climate Action Plan with both SB 32 and EO B-55-18 goals and consensus to proceed with the draft strategies and measures to achieve those goals; and WHEREAS, the Climate Action Plan 2030 and Beyond establishes the following targets: 1. Reduce GHG emissions to 40% below 1990 levels by 2030 2. Reach carbon neutrality by 2045; and WHEREAS, the Climate Action Plan 2030 and Beyond contains 22 measures grouped into the five strategies listed below to reduce GHG emissions by roughly 73,000 metric tons carbon dioxide equivalent by 2030: 1. 100% Renewable and Carbon -Free Electricity 2. Building Efficiency and Electrification Attachment: 1. Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond (Climate Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 1 of 3 Packet Pg. 239 6.1.a 3. Sustainable Mobility and Land Use 4. Material and Waste Management 5. Municipal Leadership; and WHEREAS, the implementation of the Climate Action Plan 2030 and Beyond will result in co -benefits in the following areas: economic growth, reduced traffic congestion, improved public health, healthier ecosystems, robust landscapes, carbon sequestration, enhanced resilience, equity and inclusion, community leadership and partnerships, and cutting -edge technologies; and WHEREAS, in accordance with CEQA certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, an Initial Study was prepared for the Climate Action Plan 2030 and Beyond; and WHEREAS, upon completion of the Initial Study it was determined that there was no substantial evidence that the Climate Action Plan 2030 and Beyond would have a significant adverse effect on the environment and a Negative Declaration should be prepared; and WHEREAS, an Initial Study/Negative Declaration was prepared for the Climate Action Plan 2030 and Beyond and circulated for public review from July 24, 2020 through August 24, 2020; and WHEREAS, the City of Dublin received four comment letters and one comment email during the public review period none of which raised concerns; and WHEREAS, the City Council held a properly noticed public hearing on the Climate Action Plan 2030 and Beyond and related Negative Declaration on September 15, 2020; and WHEREAS, a Staff Report was submitted recommending that the City Council adopt the Negative Declaration; and WHEREAS, the City Council held a properly noticed public hearing on the Climate Action Plan 2030 and Beyond and related Negative Declaration on September 15, 2020; and WHEREAS, the City Council did review and consider the Negative Declaration and the Climate Action Plan 2030 and Beyond, all said reports, recommendations, and testimony herein and set forth prior to making its decision on the Climate Action Plan 2030 and Beyond; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings for the Climate Action Plan 2030 and Beyond is the City of Dublin Clerk's Office, 100 Civic Plaza, Dublin, CA 94568. 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 does hereby adopt the Negative Declaration attached as Exhibit A to the Resolution, based on the following findings: Attachment: 1. Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond (Climate Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 2 of 3 Packet Pg. 240 6.1.a vote: 1. The City Council considered the Negative Declaration together with the comments received during the public review process, attached as Exhibit B to the Resolution, prior to taking action on the Climate Action Plan 2030 and Beyond. 2. The City Council finds on the basis of the whole record before it that there is no substantial evident that the Climate Action Plan 2030 and Beyond will have a significant effect on the environment. 3. The Negative Declaration reflects the City's independent judgment and analysis as to the potential environmental effects of the Climate Action Plan 2030 and Beyond. 4. The Negative Declaration has been completed in compliance with CEQA and the CEQA Guidelines. PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment: 1. Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond (Climate Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 3 of 3 Packet Pg. 241 6.1.b Dublin limate Action Plan 2030 and Beyond Initial Study - Negative Declaration RINCON CONSULTANTS, INC. Environmental Scientists I Planners I Engineers rinconconsultants.com prepared for City of Dublin 100 Civic Plaza Dublin, California 94568 prepared by Rincon Consultants, Inc. 449 15th Street, #303 Oakland, California 94612 July 2020 Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 242 Table of Contents 6.1.b Table of Contents Initial Study 1 1. Project Title 1 2. Lead Agency Name and Address 1 3. Contact Person and Phone Number 1 4. Project Location 1 5. Project Sponsor's Name and Address 1 6. Existing Setting 1 7. General Plan Designation 9 8. Zoning 9 9. Description of Project 9 10. Required Approvals 12 11. Surrounding Land Uses and Setting 12 12. Other Public Agencies Whose Approval is Required 12 Environmental Factors Potentially Affected 13 Determination 13 Environmental Checklist 15 1 Aesthetics 15 2 Agriculture and Forest Resources 19 3 Air Quality 21 4 Biological Resources 27 5 Cultural Resources 31 6 Energy 33 7 Geology and Soils 35 8 Greenhouse Gas Emissions 39 9 Hazards and Hazardous Materials 41 10 Hydrology and Water Quality 45 11 Land Use and Planning 49 12 Mineral Resources 51 13 Noise 53 14 Population and Housing 55 15 Public Services 57 16 Recreation 59 17 Transportation and Traffic 61 18 Tribal Cultural Resources 63 19 Utilities and Service Systems 65 Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration Packet Pg. 243 6.1.b City of Dublin Dublin Climate Action Plan 2030 and Beyond 20 Wildfire 67 21 Mandatory Findings of Significance 69 References 71 Bibliography 71 List of Preparers 73 Tables Table 1 Summary of CAP 2030 GHG Emissions Targets and Gaps 10 Table 2 CAP 2030 Reduction Measure Quantification (MT CO2e) 11 Table 3 Sources, Health Effects, and Typical Controls Associated with Criteria Pollutants 22 Figures Figure 1 Regional Location 2 Figure 2 Project Location 3 Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 244 Initial Study 6.1.b Initial Study 1. Project Title City of Dublin Climate Action Plan 2030 and Beyond (CAP 2030) 2. Lead Agency Name and Address City of Dublin 100 Civic Plaza Dublin, California 94568 3. Contact Person and Phone Number Rebecca Parnes, Environmental Technician (925) 833-6630 4. Project Location The City of Dublin's Climate Action Plan (CAP 2030) applies to all areas within the Dublin City limits. Dublin is located in Alameda County, more specifically in the eastern Alameda County region known as the Tri-Valley area. Dublin covers approximately 14.59 square miles and is generally bounded by the City of San Ramon to the north, unincorporated community of Castro Valley to the west, the City of Pleasanton to the south, and the City of Livermore to the east (City of Dublin n.d.). Additionally, the City is approximately 14 miles east of the San Francisco Bay, 23 miles southeast of Oakland, and 30 miles northeast of San Jose. 5. Project Sponsor's Name and Address City of Dublin 100 Civic Plaza Dublin, California 94568 6. Existing Setting Dublin is a largely suburban community accessible via Interstate 680 (1-680) from north and south and Interstate 580 (1-580) from east and west. Figure 1 shows the regional location and Figure 2 shows the project location. Dublin's well -planned development over the last 20 years has positioned the community to become one of California's fastest growing cities (11th fastest in the United States) and has earned the rank of best city to live in California by Money Magazine 2019. (The U.S. Census Bureau 2018). Dublin receives approximately 19 inches of rain annually with a July average high temperature of 84°F and a January average low temperature of 39°F (Sperling's Best Places n.d.). Dublin is served by two Bay Area Rapid Transit stations (Dublin/Pleasanton station and West Dublin/Pleasanton station) as well as the Tri-Valley Wheels (Wheels), which provides bus and paratransit services from Dublin, through Pleasanton, Livermore, and portions of unincorporated Alameda County. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study — Negative Declaration 1 Packet Pg. 245 6.1.b City of Dublin Climate Action Plan Figure 1 Regional Location Ukiah 0 Project Location 20 40 N IAMiles Mendocino National Forest Santa Rosa Vacaville Napa Fairfield Vallejo Chico Yuba City Antioch San Francisco Oakland A San Mateo t '`M Fremont San Jose Santa Cruz Salinas Monterey Plumas National Forest Roseville Sacramento sot Elk Grove Tray 152 Soledad Los Padres National Forest Stockton Modesto Los Banos irinf Eldorado National Forest 99 Merced Coalinga Stanlslaus Nationale Forest Avenal Yosemite National Park Fresno Lemoore Imagery provided by Microsoft Bing and it licensors O 2020. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 2 Packet Pg. 246 6.1.b Initial Study Figure 2 Project Location Imagery provided by Microsoft Bing and its licensors ® 2019. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 3 Packet Pg. 247 6.1.b City of Dublin Climate Action Plan The history of Dublin dates back to 1772; however, the land was not developed until approximately 1835 (City of Dublin n.d.). The City was officially incorporated in 1982. Dublin is actively engaged in addressing climate change, sustainability, and reductions in greenhouse gas (GHG) emissions. In October 2010, Dublin adopted the City of Dublin Climate Action Plan (CAP 2020) as part of the Alameda County Climate Protection Project (ACCPP). The ACCPP was launched by the Local Governments for Sustainability (ICLEI) in partnership with the Alameda County Waste Management Authority & Recycling Board and the Alameda County Conference of Mayors (City of Dublin 2010). The CAP 2020 included a baseline greenhouse gas (GHG) emissions inventory based on 2005 data and forecast GHG emissions in 2020. In 2013, the City adopted an update of the Climate Action Plan (CAP 2020 Update). The CAP 2020 Update serves as the City of Dublin's qualified GHG Reduction Plan and programmatic tiering document for the purposes of CEQA for analysis of impacts of GHG emissions and climate change. The CAP 2030 assessed herein builds upon the goals of the CAP 2020 and CAP 2020 Update and is based upon a more recent (2015) GHG emissions inventory for Dublin. Dublin Climate Action Planning Background The CAP 2020 and CAP 2020 Update serve as foundations for the CAP 2030. They were adopted by City Council in 2010 and 2013, respectively, to provide guiding documentation that outlines the course of action for identifying and implementing strategies to achieve citywide reductions in GHG emissions for both municipal and community operations. The CAP 2020 was designed to: ■ Present baseline emissions of the 2005 inventory ■ Forecast emissions through 2020 relative to statewide goals ■ Establish a GHG emissions reduction target of 20 percent below the 2020 forecast business as usual emissions ■ Provide a roadmap for achieving statewide GHG emissions reduction targets for 2020 to demonstrate consistency with statewide targets set forth in AB 32 ■ Document current implementation strategies effective since 2005 and how these will help achieve specific citywide objectives ■ Streamlining CEQA GHG emissions analyses for future development projects The CAP 2020 included emissions reduction strategies in transportation and land use, energy, and waste management for both the communitywide and municipal operation scopes. Examples of GHG reducing measures included in the CAP 2020 include the creation of a Streetscape Master Plan, implementation of bicycle parking requirements and a Bikeways Master Plan, reducing the solar installation permitting fee, and reducing commercial waste. The CAP 2020 included 34 measures adopted in plan or policy that were expected to help achieve 2020 targets. In an effort to improve the CEQA streamlining functionality of the CAP 2020, the City developed an updated inventory and CAP. In addition to providing updated 2010 emissions data and progress on meeting previously established goals; the CAP adopted a more rigorous target for reducing GHG emissions 15 percent below the 2010 inventory level by 2020 which exceeded the requirements of AB 32. The CAP 2020 Update included the same three emission reduction strategies as the CAP 2020: transportation and land use, energy, and waste management. Within these, it included 45 reduction measures at the communitywide and municipal operation levels. Measures reflected only those currently implemented or planned regulations and programs expected to have an impact starting after 2010, therefore excluding some of the measures previously incorporated in the CAP 2020. New measures included a Green Fleet Policy for municipal vehicles, LEED silver requirements Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 4 Packet Pg. 248 Initial Study 6.1.b for large municipal buildings, LED streetlighting requirements, and a communitywide reusable bag ordinance. As part of the CAP 2020 Update, expected emissions reductions of measures were revised based on the newer inventory data, activity data, and updated methodologies. The City of Dublin has become more efficient and reduced per capita emissions from 8.3 MT CO2e per person in 2005 to 5.6 MT of CO2e per person in 2017. This equates to a 32% decrease below 2005 levels. However, due to exceptionally high population growth (55%) overall mass emissions increased by 5% between 2005 and 2017. However, based on the forecast conducted in 2017, the City of Dublin is expected to meet their 2020 goal. The actual 2020 emissions will be estimated once the complete 2020 dataset is available in late 2021. State GHG Reduction Efforts The following section summarizes California's GHG emissions reduction efforts which the CAP 2030 is intended to be consistent with. State Legislation and Guidance The State of California considers GHG emissions and the impacts of climate change to be a serious threat to the public health, environment, economic well-being, and natural resources of California, and has taken an aggressive stance to mitigate the State's impact on climate change through the adoption of policies and legislation. The following summarizes the various State regulations which have guided the development of CAP 2020 and now CAP 2030. Executive Order S-3-05 In 2005, Governor Schwarzenegger issued Executive Order (EO) S-3-05, which identifies statewide GHG emission reduction targets to achieve long-term climate stabilization as follows: ■ Reduce GHG emissions to 1990 levels by 2020 ■ Reduce GHG emissions to 80 percent below 1990 levels by 2050 In response to EO S-3-05, California Environmental Protection Agency (CalEPA) created the Climate Action Team (CAT), which in March 2006 published the Climate Action Team Report (the "2006 CAT Report") (CalEPA 2006). The 2006 CAT Report identified a recommended list of strategies that the State could pursue to reduce GHG emissions. These are strategies that could be implemented by various State agencies to ensure that the emission reduction targets in EO S-3-05 are met and can be met with existing authority of the State agencies. The strategies include the reduction of passenger and light duty truck emissions, the reduction of idling times for diesel trucks, an overhaul of shipping technology/infrastructure, increased use of alternative fuels, increased recycling, and landfill methane capture, among others. Assembly Bill 32 California's major initiative for reducing GHG emissions is outlined in Assembly Bill 32 (AB 32), the "California Global Warming Solutions Act of 2006," which was signed into law in 2006. AB 32 codifies the statewide goal of reducing GHG emissions to 1990 levels by 2020 and requires California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for reducing GHGs to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of statewide GHG emissions. Based on this guidance, CARB approved a 1990 statewide GHG level and 2020 limit of 427 MMT CO2e. The original Scoping Plan was approved by CARB on December 11, 2008 and included measures to address GHG emission Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 5 Packet Pg. 249 6.1.b City of Dublin Climate Action Plan reduction strategies related to energy efficiency, water use, and recycling and solid waste, among other measures. Many of the GHG reduction measures included in the Scoping Plan (e.g., Low Carbon Fuel Standard, Advanced Clean Car standards, and Cap -and -Trade) have been adopted since approval of the Scoping Plan. In May 2014, CARB approved the first update to the AB 32 Scoping Plan. The 2013 Scoping Plan update defined CARB's climate change priorities for the next five years and set the groundwork to reach post-2020 statewide goals. The update highlighted California's progress toward meeting the "near -term" 2020 GHG emission reduction goals defined in the original Scoping Plan. It also evaluated how to align the State's longer -term GHG reduction strategies with other State policy priorities, including those for water, waste, natural resources, clean energy, transportation, and land use (CARB 2017). Senate Bill 97 Senate Bill (SB) 97, signed in August 2007, acknowledges that climate change is an environmental issue that requires analysis in California Environmental Quality Act (CEQA) documents. In March 2010, the California Natural Resources Agency adopted amendments to the State CEQA Guidelines for the feasible mitigation of GHG emissions or the effects of GHG emissions. The adopted guidelines give lead agencies the discretion to set quantitative or qualitative thresholds for the assessment and mitigation of GHGs and climate change impacts. Specifically, Section 15183.5(b)(1)A-G of Title 14 of the California Code of Regulations was amended to state that a qualified GHG Reduction Plan, or Climate Action Plan, may be used for tiering and streamlining the analysis of GHG emissions in subsequent CEQA project evaluation, provided that the GHG Reduction Plan or CAP does the following: ■ Quantifies GHG emissions both existing and projected over a specific period of time, resulting from activities within a defined geographical area ■ Establishes a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable ■ Identifies and analyzes the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area ■ Specifies measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project -by -project basis, would collectively achieve the specified emissions level ■ Establishes a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels ■ Requires adoption in a public process following environmental review Senate Bill 375 Senate Bill 375 (SB 375), signed in August 2008, enhances the State's ability to reach AB 32 targets by directing the CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles for 2020 and 2035. In addition, SB 375 directs each of the State's 18 major Metropolitan Planning Organizations (MPO) to prepare a "sustainable communities strategy" (SCS) that contains a growth strategy to meet these emission targets for inclusion in the Regional Transportation Plan (RTP). On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035. The Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) were assigned targets of a 10 percent Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 6 Packet Pg. 250 Initial Study 6.1.b reduction in GHG emissions from transportation sources from 2005 levels by 2020 and a 19 percent reduction in GHG emissions from transportation sources from 2005 levels by 2035. The MTC and ABAG adopted the Plan Bay Area 2040 in June 2017, which meets the requirements of SB 375. Executive Order B-30-15 EO B-30-15 established a statewide mid-term GHG reduction target of 40 percent below 1990 levels by 2030. Targets set beyond 2020 provide market certainty to foster investment and growth in industries like clean energy. Senate Bill 32 On September 8, 2016, the governor signed Senate Bill 32 (SB 32) into law, extending AB 32 by requiring the State to further reduce GHGs to 40 percent below 1990 levels by 2030 (the other provisions of AB 32 remain unchanged). On December 14, 2017, CARB adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 target. The 2017 Scoping Plan relies on the continuation and expansion of existing policies and regulations, such as the Cap -and -Trade Program, as well as implementation of recently adopted policies, such as SB 350 and SB 1383 (see below). The 2017 Scoping Plan also puts an increased emphasis on innovation, adoption of existing technology, and strategic investment to support its strategies. As with the 2013 Scoping Plan Update, the 2017 Scoping Plan does not provide project -level thresholds for land use development. Instead, it recommends that local governments adopt policies and locally appropriate quantitative thresholds consistent with statewide per capita goals of six metric tons (MT) CO2e by 2030 and two MT CO2e by 2050 (CARB 2017). As stated in the 2017 Scoping Plan, these goals may be appropriate for plan -level analyses (city, county, subregional, or regional level), but not for specific individual projects because they include all emissions sectors in the State (CARB 2017). Senate BiII 1383 Adopted in September 2016, SB 1383 requires CARB to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants. The bill requires the strategy to achieve the following reduction targets by 2030: ■ Methane — 40 percent below 2013 levels ■ Hydrofluorocarbons — 40 percent below 2013 levels ■ Anthropogenic black carbon — 50 percent below 2013 levels The bill also requires the California Department of Resources Recycling and Recovery (CalRecycle), in consultation with the CARB, to adopt regulations that achieve specified targets for reducing organic waste in landfills. Senate Bill 100 Adopted on September 10, 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the State's Renewables Portfolio Standard Program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 7 Packet Pg. 251 6.1.b City of Dublin Climate Action Plan Executive Order B-55- 18 On September 10, 2018, Governor Brown issued EO B-55-18, which established a new statewide goal of achieving carbon neutrality by 2045 and maintaining net negative emissions thereafter. This goal is in addition to the existing statewide GHG reduction targets established by SB 375, SB 32, SB 1383, and SB 100. EO B-55-18 is not yet codified; however, there is currently a bill, AB 2832, going through the State legislature to codify the State carbon neutrality target in EO B-55-18. While California cities are not required to prepare a climate action plan or establish a city -specific GHG emissions target, they are required to align with State GHG emissions targets by demonstrating a reduction pathway and doing their fair share towards meeting such targets. In addition, a city must prepare a CEQA-qualified CAP that is consistent with State targets in order to be able to streamline future development CEQA GHG emissions analyses. Specifically, the AEP Climate Change Committee recommends that CEQA GHG emissions analyses evaluate project emissions in light of the trajectory of State climate change legislation and assess their substantial progress toward achieving long-term reduction targets identified in available plans, legislation, or EOs. Consistent with these recommendations, GHG emissions impacts under CEQA are analyzed in terms of whether growth would impede substantial progress toward meeting the reduction targets identified in SB 32 and EO B-55-18. As SB 32 is considered an interim target toward meeting the 2045 State goal, consistency with SB 32 is considered to be contributing substantial progress toward meeting the State's long-term 2045 goals. Avoiding interference with and making substantial progress toward these long-term State targets is important, as these targets have been set at levels that achieve California's fair share of meeting international targets that will stabilize global climate change effects and avoid adverse environmental consequences. Furthermore, a key aspect of a CEQA-qualified GHG reduction plan is provision of substantial evidence that the identified target establishes a threshold where GHG emissions are not cumulatively considerable. The AEP Beyond Newhall and 2020 white paper identifies this threshold as being a local target that aligns with the statewide legislative targets. And in Center for Biological Diversity v. California Department of Fish and Wildfire, the California Supreme Court suggested regulatory consistency as a pathway to compliance by stating that a lead agency might assess consistency with the State targets by evaluating for compliance with regulations designed to reduce GHG emissions. This approach is consistent with CEQA Guidelines Section 15064.4(b), which provides that a determination of an impact is not cumulatively considerable to the extent to which a project complies with regulations or requirements implementing a statewide, regional, or local plan to reduce or mitigate GHG emissions. Finally, at this time, the State has codified a target of reducing emissions to 40 percent below 1990 emissions levels by 2030 (SB 32) and has developed the 2017 Scoping Plan to demonstrate how the State will achieve the 2030 target and make substantial progress toward the 2050 goal of an 80 percent reduction in 1990 GHG emission levels set by EO S-3-05. EO B-55-18, which identifies a new target of carbon neutrality by 2045, supersedes the goal established by EO S-3-05, though, again, has not yet been codified. California Environmental Quality Act Pursuant to the requirements of SB 97, California Natural Resources Agency has adopted amendments to the State CEQA Guidelines for the feasible mitigation of GHG emissions or the effects of GHG emissions. The adopted CEQA Guidelines provide general regulatory guidance on the analysis and mitigation of GHG emissions in CEQA documents, while giving lead agencies the discretion to set quantitative or qualitative thresholds for the assessment and mitigation of GHGs Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 8 Packet Pg. 252 Initial Study 6.1.b and climate change impacts. To date, a variety of air districts have adopted quantitative significance thresholds for GHGs. For more information on the Senate and Assembly Bills, Executive Orders, and reports discussed above, and to view reports and research referenced above, please refer to the following websites: www.climatechange.ca.gov and www.arb.ca.gov/cc/cc.htm. 7. General Plan Designation The CAP 2030 would be implemented throughout Dublin and would occur in all General Plan designations. 8. Zoning The CAP 2030 would be implemented throughout Dublin in all zoning designations. 9. Description of Project Dublin CAP 2030 (CEQA Proposed Project) Since adoption of the City's updated inventory and CAP in 2013, advances in climate science and resiliency planning, new regulations (such as SB 100 and 2016 Title 24 Energy Efficiency Standards), and new reduction measures and strategies have shaped an emergent need to update the City's CAP for a third time. The proposed CAP 2030 builds upon the CAP 2020 Update by forecasting emissions for 2020, 2025, 2030, 2040 and 2045, consistent with current legislated targets and State Executive Order goals and based upon the most recent GHG inventory which was performed in 2015. City measures and supporting actions for the CAP 2030 were developed by incorporating and evaluating the effects of new regulations and identifying key sources necessary for emissions reductions to meet the 2020, and 2030GHG reduction targets. The City measures and supporting actions in the CAP 2030 will also place the City on a trajectory to meet the 2045 GHG reduction goal; however additional revisions to the CAP and additional measures will be required in order for the City to meet this long-term goal. The CAP 2020 Update primarily focused on transportation sector because traffic is the primary GHG emission source in Dublin. Compared with the CAP 2020 Update, the CAP 2030 puts more emphasis on building electrification and efficiency. Measures from the CAP 2020 Update were removed and replaced with new measures and supporting actions. The CAP 2030 builds upon the goals of the CAP 2020 Update and is based on a more recent inventory for Dublin. The 2015 inventory indicates that the activities within Dublin emitted 317,891 metric tons (MT) of carbon dioxide equivalent units (CO2e) or 5.5 MT CO2e per capita. Consistent with these 2030 and 2045 goals, Dublin will need to achieve per capita emissions of 2.8 MT CO2e by 2030 and zero net emissions by 2045. To help achieve these goals, the CAP 2030 includes interim targets of 3.7 MT CO2e by 2025 and 0.8 MT CO2e by 2040 in its emission forecast scenarios. Table 1 summarizes the GHG emission targets and gaps. Additional revisions to the CAP and additional measures will be required in order for the City to meet the 2045 target. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 9 Packet Pg. 253 6.1.b City of Dublin Climate Action Plan Table 1 Summary of CAP 2030 GHG Emissions Targets and Gaps 2015 2020 2025 2030 2045 Adjusted Forecast Emissions 317,840 276,765 (MT CO2e) 272,374 262,770 254,733 GHG Emissions Target (MT CO2e) 317,840 275,408 250,831 197,680 0 57,514 64,624 68,083 71,541 75,000 Population Per Capita Adjusted Forecast 5.5 4.3 4.0 3.7 3.4 (MT CO2e per capita) Per Capita GHG Emission Targetsl 5.5 4.3 3.7 2.8 0 (MT CO2e per capita) Remaining Gap to Meet Target 961 21,542 65,090 254,733 In addition to those strategies incorporated in the CAP 2020 and CAP 2020 Update (transportation and land use, energy, and waste management), the CAP 2030 adds carbon sequestration to the land use component (Measure ML-6 and the associated actions). The goal of these strategies is to assist Dublin in reducing its proportionate fair share of the statewide targets set by AB 32 and SB 32 and work toward the State's longer -term target identified in EO B-55-18. Through implementation of the CAP 2030 measures summarized in Table 2 and other supporting measures in the CAP 2030, Dublin can realize both the 2025 and 2030 emissions goals as described above. In addition, with certification of this CAP 2030 IS -ND and adoption of the CAP 2030, future project developments and plans proposed within the City of Dublin would be able to streamline the respective CEQA GHG emissions analyses. 1 These provisional targets are consistent with both SB 32 and on a trajectory set forth to achieve EO B-55-18 targets set by the State. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 10 Packet Pg. 254 Initial Study 6.1.b Table 2 CAP 2030 Reduction Measure Quantification (MT CO2e) Measure 2025 GHG 2030 GHG Emissions Emissions Reductions Reductions (MT COze) (MT CO2e) Strategy 1— Renewable and Carbon -Free Energy (CF) CF-1: Opt -Up to 100% Renewable and Carbon -Free Electricity CF-2. Develop a Renewable Resource Buildout Plan 25,525 Supportive 20,195 Supportive Strategy 2 — Building Efficiency and Electrification (EE) EE-1: Achieve All -Electric New Building Construction 2,633 4,828 EE-2. Implement the State Building Energy Disclosure Program Supportive Supportive EE-3. Streamline Battery Storage Permit Requirements Supportive Supportive EE-4: Develop an Existing Building Electrification Plan 5,113 14,061 Strategy 3 — Sustainable Mobility and Land Use (SM) SM-1: Adopt an Electric Vehicle Charging Station Ordinance 8,537 26,288 SM-2. Develop an EV Infrastructure Plan Supportive Supportive SM-3: Develop a Transportation Demand Management Plan 2,487 3,928 SM-4. Develop a Citywide Parking Management Plan Supportive Supportive SM-5: Update the Bicycle and Pedestrian Master Plan 336 537 SM-6. Continue to Prioritize Transit -Oriented Development Supportive Supportive SM-7. Develop a Built Environment That Prioritizes Active Mobility Supportive Supportive Strategy 4 — Materials and Waste Management (MM) MM-1: Achieve the Organic Waste Diversion Requirements of SB 1383 3,427 3,615 MM-2. Reduce Embodied Emissions Associated with Building Materials Supportive Supportive Reductions Needed (Emissions Gap) Total Measures Reduction Potential 21,542 65,090 48,058 73,452 The CAP 2030 measure that would achieve the most significant GHG emissions reductions in 2025 is Measure CF-1. This measure recommends the City draft a resolution to opt up to East Bay Community Energy's (EBCE) 100 percent energy option, which is expected to reduce emissions by 25,525 MT of CO2e in 2025. The next most effective CAP 2030 measure in 2025 would be Measure SM-1. This measure recommends that the City adopt an Electric Vehicle (EV) Charger Reach Code for Multifamily and Commercial Buildings to increase access to charging stations and promote the use of electric vehicles, which would achieve a reduction of 26,288 MT of CO2e by 2030. The third most effective CAP 2030 measure would be Measure EE-4. This measure aims to develop a program for residents to facilitate building of all -electric buildings and convert 22 percent of energy use in existing building stock, which would achieve reductions of 14,061 MT of CO2e by 2030. The measures and actions in CAP 2030 are also foundational to the ultimate goal of achieving carbon neutrality but would not, by themselves, achieve the 2045 target. By providing 100% carbon free and renewable electricity and beginning the transition of the building and transportation sector towards carbon neutrality, the City of Dublin will create the basis for long-term carbon neutrality. However, future CAP updates leveraging new technologies and additional state resources are necessary to achieve this long-term goal. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration Packet Pg. 255 6.1.b City of Dublin Climate Action Plan Implementation of the CAP 2030 measures identified above could result in physical changes to the environment that could potentially have an impact on the environment, with respect to the CEQA issue areas assessed herein. While individual projects resulting from these measures have not been identified, for the purposes of this document, potential environmental impacts that could occur as a result of CAP 2030 implementation are assessed. For instance, the use of electric vehicles identified per Measures ML-3 and SM-1 would support the installation of electric vehicle charging stations and supporting infrastructure. Additionally, implementation of Measure SM-5 may require the installation of new bicycle or pedestrian facilities. These types of activities would introduce some level of physical changes such as the temporary presence of construction vehicles and equipment during installation of required facilities, and the long-term presence of facilities such as bike and pedestrian facilities, solar arrays, battery storage facilities, and electric vehicle charging stations which could alter pedestrian and vehicular traffic patterns. Future projects requiring discretionary approval would be subject to environmental review under CEQA, and individual project impact analyses will identify project -specific mitigation measures where applicable. 10. Required Approvals The project requires the adoption of the CAP 2030 and certification of the Initial Study and Negative Declaration. Although individual projects to reduce GHG emissions may be implemented under the CAP 2030, each project may be subject to separate environmental review under CEQA. 11. Surrounding Land Uses and Setting As mentioned in the Project Location, the City of Dublin is bounded by the City of San Ramon to the north, Castro Valley to the west, the City of Pleasanton to the south, and the City of Livermore to the east (City of Dublin n.d.). Additionally, the City of Dublin is located 35 miles east of San Francisco, 23 miles east of Oakland and 31 miles north of San Jose. 12. Other Public Agencies Whose Approval is Required The City of Dublin has sole approval authority over the CAP 2030. There are no other public agencies whose approval is required. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 12 Packet Pg. 256 Environmental Factors Potentially Affected 6.1.b Environmental Factors Potentially Affected This project would potentially affect the environmental factors checked, involving at least one impact that is "Potentially Significant" or "Potentially Significant Unless Mitigation Incorporated" as indicated by the checklist on the following pages. ❑ Aesthetics ° Agriculture and ° Air Quality Forestry Resources ❑ Biological Resources ° Cultural Resources ° Energy ❑ Geology/Soils ° Greenhouse Gas ° Hazards & Hazardous Emissions Materials ❑ Hydrology/Water Quality ° Land Use/Planning ° Mineral Resources ❑ Noise ° Population/Housing ° Public Services ❑ Recreation ° Transportation ° Tribal Cultural Resources ❑ Utilities/Service Systems ° Wildfire ❑ Mandatory Findings of Significance Determination Based on this initial evaluation: ■ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 13 Packet Pg. 257 6.1.b City of Dublin Climate Action Plan ❑ I find that although the proposed project could have a significant effect on the environment, because all potential significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Aae-C.ca- f)zi4. ¢,d- 7/16/2020 Signature Date Rebecca Parnes Environmental Technician Printed Name Title Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 14 Packet Pg. 258 6.1.b Environmental Checklist Aesthetics Environmental Checklist 1 Aesthetics Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ ■ b. Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? ❑ ❑ ❑ ■ c. Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ❑ ❑ ❑ ■ d. Create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? ❑ ❑ ❑ ■ a. Would the project have a substantial adverse effect on a scenic vista? c. Would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The City of Dublin is located in the East San Francisco Bay Area and Tri-Valley regions of Alameda County and is accessible via I-680 from north and south and 1-580 from east and west. The City has not identified any scenic vista in its General Plan nor other specific plans. In 1994, the City adopted the Eastern Dublin Specific Plan, which establishes a set of scenic corridor policies for designated corridors including 1-580, Tassajara Road, and Fallon Road, and defines a review process within these scenic corridors (City of Dublin 2016). The applicable policies include: ■ Preserve the natural open beauty of the hills and other important visual resources, such as creeks and major stands of vegetation Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 15 Packet Pg. 259 6.1.b City of Dublin Dublin Climate Action Plan ■ High quality design and visual character for all development visible from designated scenic corridors ■ Reduce visual impacts of extensive grading by sensitive engineering design ■ Minimize the alteration of existing natural contours The CAP 2030 is a policy -level document intended to ensure that the City's compliance with applicable regulations related to GHG emissions and achieve the City's GHG-reduction targets while laying the groundwork for alignment with the State's long-term goal of carbon neutrality by 2045. In order to meet these GHG reduction goals, the CAP identifies local GHG reduction measures and actions. The measures and actions encompass a suite of GHG-reduction opportunities but focus primarily on the transportation and built environment sectors as they are projected to comprise over 80 percent of GHG emissions in 2030. The CAP 2030 includes climate reduction actions (Measures ML-1 and EE-4) to pursue renewable energy systems at City buildings and facilities and encourage electrification of existing buildings in Dublin. Additionally, Measure ML-1 also proposes to install solar arrays and battery storage facilities in Dublin. Installation of these small -scaled facilities would not result in visual impacts. In 2011, the California Legislature signed Senate Bill 226 (SB 266) and created a statutory exemption (CEQA exemption 21080.35) for solar projects installed on rooftops or existing parking lots that meet specified conditions. In addition, Assembly Bill 2188 (AB 2188) took effect on January 1, 2015 and required local governments to adopt a streamlined and expedited permit approval process for small residential solar energy panels. Dublin adopted an ordinance (Dublin Municipal Code: 7.96, Streamlined Permitting Process for Small Residential Rooftop Solar Systems) to comply with AB 2188 regulations. Large-scale substantial renewable energy facilities, such as a wind or solar farm or large solar panel installations that could have visual impacts are not included in the CAP 2030 measures, and thus no aesthetics impact would occur related to those types of facilities. The CAP 2030 also includes a climate reduction measure (Measure ML-6) that strives to increase municipal carbon sequestration activities and encourages tree planting in Dublin. Planting new street trees and private trees may change the visual character of Dublin. However, implementation of the measure would comply with Dublin Street Tree Ordinance, Heritage Tree Ordinance, and other regulations and guidelines to minimize the scenic impact. The CAP 2030 includes a measure (Measure ML-5) to pursue energy efficiency and conservation at City buildings. Making buildings more energy efficient does not generally involve any design features that would adversely affect scenic vistas or negatively affect the visual character or quality. Further, any future site -specific discretionary projects would be subject to subsequent environmental review wherein any site -specific aesthetic impacts would be addressed accordingly. The CAP 2030 does not involve any land use or zoning changes. The CAP 2030 would not increase development that could already occur under the General Plan. As a policy document, the CAP 2030 would not affect scenic vistas or the visual character or quality of Dublin. Implementation of the climate reduction measures and actions would generally encourage energy efficiency and conservation, as well as the use of solar energy; encourage walking and bicycling and use of existing public transit; and increase solid waste diversion. The project would result in no impact to scenic vistas or the degradation of visual character or quality. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 16 Packet Pg. 260 6.1.b Environmental Checklist Aesthetics b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings in a State scenic highway? 1-580, 1-680, San Ramon Road, and Dougherty Road were designated scenic routes by Alameda County in 1966. Specifically, 1-580 and 1-680 are designated as State Scenic Highways, including the portion that runs through Dublin (Caltrans 2014). The CAP 2030 is a policy document that would not increase development that could already occur under the General Plan, nor does it grant any entitlements for development that would potentially damage scenic resources such as trees, rock outcroppings, and historic buildings in a State scenic highway. Furthermore, implementing the proposed climate reduction measures and actions would facilitate the preservation of scenic resources and improve City landscape management. Because implementation of the CAP 2030 would not potentially damage scenic resources, no impact would occur. NO IMPACT d. Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? Neither direct construction nor other physical changes are proposed as part of the CAP 2030; therefore, degradation of the visual character or quality within Dublin would not occur, and substantial sources of light or glare would not be created. Some of the measures proposed in the CAP 2030 may encourage and facilitate the construction of features that could result in new sources of light or glare or have the potential to affect the visual character or quality of the area, such as EV charging stations or bike paths. But the CAP 2030 would not increase development that could already occur under the General Plan, nor directly result in development of infrastructure. No impact associated with light or glare would occur. In addition, future development and improvements that could occur as a result of implementation of the CAP 2030 may be subject to additional project -specific environmental review, if required, that would assess project -specific impacts related to aesthetics. Any future development occurring within Dublin would continue to be subject to applicable General Plan policies and other regulations related to aesthetic resources. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 17 Packet Pg. 261 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 18 Packet Pg. 262 6.1.b Environmental Checklist Agriculture and Forest Resources 2 Agriculture and Forest Resources Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ❑ ❑ ❑ ■ b. Conflict with existing zoning for agricultural use or a Williamson Act contract? ❑ ❑ ❑ ■ c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)); timberland (as defined by Public Resources Code Section 4526); or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? ❑ ❑ ❑ ■ d. Result in the loss of forest land or conversion of forest land to non -forest use? ❑ ❑ ❑ ■ e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non -forest use? ❑ ❑ ❑ ■ a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Would the project conflict with existing zoning for agricultural use or a Williamson Act contract? c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)); timberland (as defined by Public Resources Code Section 4526); or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d. Would the project result in the loss of forest land or conversion of forest land to non forest use? e. Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non forest use? Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 19 Packet Pg. 263 6.1.b City of Dublin Dublin Climate Action Plan Urban agricultural operations occur within Dublin in the form of private and community gardens. No large-scale, commercial agricultural cultivation occurs within Dublin. However, there is a portion of Dublin that is zoned "Agriculture," which is located to the northeast of the intersection of 1-680 and 1-580 (City of Dublin 2018). Although this portion of land is zoned for agricultural use, it is currently occupied by Parks Reserve Forces Training Area and the Santa Rita Jail. Parks Reserve Forces Training Area is an academic institution, military intelligence facility, and battlefield simulation center that supports military readiness (United States Army 2019). There are no agricultural operations currently on this land. Likewise, Dublin does not contain any forest or timberland resources. Furthermore, the CAP 2030 is a policy document that would not increase development that could already occur under the General Plan, nor does it involve any development or other physical changes to the environment. As such, implementation of the CAP 2030 would not have the potential to substantially degrade agricultural resources or convert agricultural or forest land to non-agricultural or non -forest uses, nor would it conflict with existing zoning. Impacts to agricultural and forestry resources would not occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 20 Packet Pg. 264 6.1.b Environmental Checklist Air Quality 3 Air Quality Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ■ ❑ b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standard? ❑ ❑ ■ ❑ c. Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ■ ❑ d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? ❑ ❑ ❑ ■ Dublin is in the San Francisco Bay Area Air Basin (SFBAAB/Basin), which is under jurisdiction of the Bay Area Air Quality Management District (BAAQMD). As the local air quality management agency, the BAAQMD is required to monitor air pollutant levels to ensure that State and Federal air quality standards are met and, if they are not met, to develop strategies to meet the standards. Depending on whether standards are met or exceeded, the Basin is classified as being in "attainment" or "non -attainment." The Basin is a non -attainment area for the federal standards for ozone (8-hour) and PMlo, and the State standards for ozone (8-hour and 1-hour), PMlo, and PM2.5. The Basin is designated unclassifiable or in attainment for all other federal and State standards (CARB 2019). Thus, the BAAQMD is required to implement strategies to reduce pollutant levels to recognized acceptable standards. The sources, health effects, and typical controls associated with criteria pollutants are described in Table 3. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 21 Packet Pg. 265 6.1.b City of Dublin Dublin Climate Action Plan Table 3 Sources, Health Effects, and Typical Controls Associated with Criteria Pollutants Pollutant Sources Health Effects Typical Controls Ozone (03) Carbon monoxide (CO) Nitrogen dioxide (NO2) Sulfur dioxide (S02) Respirable particulate matter (PMio) Fine particulate matter (PM2.$) Lead Sulfur Dioxide (S02) Sulfates Formed when reactive organic gases (ROG) and nitrogen oxides react in the presence of sunlight. ROG sources include any source that bums fuels (e.g., gasoline, natural gas, wood, oil); solvents; petroleum processing and storage. Any source that burns fuel such as automobiles, trucks, heavy construction and farming equipment, residential heating. See Carbon Monoxide. Coal or oil burning power plants and industries, refineries, diesel engines. Road dust, windblown dust, agriculture and construction, fireplaces. Also formed from other pollutants (NOx, SOx, organics). Fuel combustion in motor vehicles, equipment, and industrial sources; residential and agricultural burning. Also formed from reaction of other pollutants (NOx, SOx, organics, and NH3). Metal smelters, resource recovery, leaded gasoline, deterioration of lead paint. Coal or oil burning power plants and industries, refineries, diesel engines. Produced by reaction in the air of S02, (see SO2 sources), a component of acid rain. Breathing difficulties, lung tissue damage, vegetation damage, damage to rubber and some plastics. Chest pain in heart patients, headaches, reduced mental alertness. Lung irritation and damage. Reacts in the atmosphere to form ozone and acid rain. Increases lung disease and breathing problems for asthmatics. Reacts in the atmosphere to form acid rain. Increased respiratory disease, lung damage, cancer, premature death, reduced visibility, surface soiling. Increases respiratory disease, lung damage, cancer, and premature death, reduced visibility, surface soiling. Particles can aggravate heart diseases such as congestive heart failure and coronary artery disease. Learning disabilities, brain and kidney damage. Control metal smelters. Increases lung disease and breathing problems for asthmatics. Reacts in the atmosphere to form acid rain. Breathing difficulties, aggravates asthma, reduced visibility. Reduce motor vehicle reactive organic gas (ROG) and nitrogen oxide (NOx) emissions through emission standards, reformulated fuels, inspections programs, and reduced vehicle use. Limit ROG emissions from commercial operations, gasoline refueling facilities, and consumer products. Limit ROG and NOx emissions from industrial sources such as power plants and manufacturing facilities. Control motor vehicle and industrial emissions. Use oxygenated gasoline during winter months. Conserve energy Control motor vehicle and industrial combustion emissions. Conserve energy. Reduce use of high sulfur fuels (e.g., use low sulfur reformulated diesel or natural gas). Conserve energy. Control dust sources, industrial particulate emissions, woodburning stoves and fireplaces. Reduce secondary pollutants which react to form PM10. Conserve energy. Reduce combustion emissions from motor vehicles, equipment, industries, and agricultural and residential burning. Precursor controls, like those for ozone, reduce fine particle formation in the atmosphere. No lead in gasoline or paint. Reduce use of high sulfur fuels (e.g., use low sulfur reformulated diesel or natural gas). Conserve energy. See SO2 Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 22 Packet Pg. 266 6.1.b Environmental Checklist Air Quality Pollutant Sources Health Effects Typical Controls Hydrogen Sulfide Geothermal power plants, petroleum production and refining, sewer gas. Visibility Reducing See PM2.5 Particulates Vinyl Chloride Toxic Air Contaminant (TAC) Exhaust gases from factories that manufacture or process vinyl chloride (construction, packaging, and transportation industries). Combustion engines (stationary and mobile), diesel combustion, storage and use of TAC-containing substances (i.e. gasoline, lead smelting, etc.) Nuisance odor (rotten egg smell), headache and breathing difficulties (higher concentrations). Reduced visibility (e.g. obscures mountains and other scenery), reduced airport safety. Central nervous system effects (e.g. dizziness, drowsiness, headaches), kidney irritation, liver damage, liver cancer. Depends on TAC, but may include cancer, mutagenic and/or teratogenic effects, other acute or chronic health effects. Control emissions from geothermal power plants, petroleum production and refining, sewers, and sewage treatment plants. See PM2.5 Control emissions from plants that manufacture or process vinyl chloride, installation of monitoring systems. Toxic Best Available Control Technologies (T-BACT), limit emissions from known sources. Source: County of San Diego 2007 The Federal Clean Air Act Amendments (CAAA) mandate that states submit and implement a State Implementation Plan (SIP) for areas not meeting air quality standards. The SIP includes pollution control measures to demonstrate how the standards will be met through those measures. The SIP is established by incorporating measures established during the preparation of Air Quality Management Plans (AQMP) and adopted rules and regulations by each local APCD and AQMD, which are submitted for approval to CARB and the U.S. EPA (CARB 2016). The goal of an AQMP is to reduce pollutant concentrations below the National Ambient Air Quality Standards (NAAQS) through the implementation of air pollutant emissions controls. The Final 2017 Bay Area Clean Air Plan (Spare the Air, Cool the Environment: A Blueprint for Clean Air and Climate Protection in the Bay Area [2017 Clean Air Plan]) was developed pursuant to the CAAA requirements. The 2017 Clean Air Plan updates the most recent Bay Area ozone plan, the 2010 Clean Air Plan, pursuant to air quality planning requirements defined in the California Health & Safety Code (BAAQMD 2017). The 2017 Clean Air Plan identifies feasible emission control measures to provide progress in the region toward decreasing emissions of the air pollutants that are most harmful to Bay Area residents, such as particulate matter, ozone, and toxic air contaminants; reducing emissions of methane and other "super-GHGs" that are potent climate pollutants in the near -term; and decreasing emissions of carbon dioxide by reducing fossil fuel combustion. The 2017 Clean Air Plan was developed in collaboration and consultation with the Air District's regional agency partners, including the MTC, ABAG, and the Bay Area Conservation of Development Commission (BCDC). As outlined in the 2017 Clean Air Plan, MTC and ABAG staff provided important input to the transportation sector measures, and MTC staff played a key role in developing emission reduction and cost estimates for the transportation measures. In addition, the 2017 Plan was informed by regional agency plans, including Plan Bay Area. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 23 Packet Pg. 267 6.1.b City of Dublin Dublin Climate Action Plan a. Would the project conflict with or obstruct implementation of the applicable air quality plan? b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? c. Would the project expose sensitive receptors to substantial pollutant concentrations? The CAP 2030 is a policy document that does not facilitate new development or other physical changes to the environment. Rather, the CAP 2030 would support development that could already occur under the General Plan. Thus, it is consistent with the AQMP. Furthermore, the purpose and intended effect of the CAP 2030 is to reduce GHG emissions generated in Dublin to help reduce the effects of climate change. The proposed project would support some measures which may require construction activities (e.g., solar array, EV charging stations, stormwater infrastructure, etc.). The impacts to air quality are generally associated with fugitive dust (PMioand PM2.$) and exhaust emissions from heavy construction vehicles and soil hauling trucks, in addition to ROG that would be released during the drying phase upon application of architectural coatings. However, implementation of proposed measures and actions would not include large scale construction within Dublin; therefore, it would have low emissions and would not result in significant impacts to air quality. In addition, each future construction and development project would be subject to review by the City for compliance with the General Plan and Municipal Code and would be required to comply with BAAQMD air quality regulations and other applicable local, State, and Federal regulations. Therefore, the impact from construction activities would be less than significant. With respect to operational emissions, many programs to reduce GHG emissions would have the secondary benefit of reducing criteria pollutant emissions. For example, measures and supporting actions aim to increase building energy efficiency and electrification (Measures EE-1, EE-2, EE-3, EE- 4, and MM-2); promote renewable energy (Measures CF-1, CF-2, and ML-1); promote electric vehicles and reduce on -road gasoline fuel use (Measure SM-1, SM-2, SM-3, SM-4, and ML-3); and reduce vehicle miles traveled (Measure SM-3, SM-4, SM-5, SM-6, SM-7, and ML-2). Implementation of these CAP actions and the supporting measures would be beneficial by helping Dublin meet applicable air quality plan goals and generally reduce sensitive receptor exposure to pollutant concentrations. In addition, as mentioned above, future discretionary development projects constructed in Dublin would undergo project -level CEQA review. Impacts related to air quality would be less than significant. LESS THAN SIGNIFICANT IMPACT d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? The CARB Air Quality Land Use Handbook: A Community Health Perspective (2005) identifies land uses associated with odor complaints which include: sewage treatment plants, landfills, recycling facilities, waste transfer stations, petroleum refineries, biomass operations, auto body shops, coating operations, fiberglass manufacturing, foundries, rendering plants, and livestock operations (CARB 2005). The CAP 2030 is a policy document that does not facilitate new development or other physical changes. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 24 Packet Pg. 268 6.1.b Environmental Checklist Air Quality Measure MM-1 recommends that the City conduct outreach about the benefits of composting and Measure ML-6 aims to increase carbon sequestration through finalizing and promoting community composting standards. Compost is not identified on the list of "Sources of Odor Complaints" (Table 1-4) as provided in the CARB Air Quality Land Use Handbook and would not be anticipated to result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Therefore, the CAP 2030 would not facilitate any development that would create odors and no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 25 Packet Pg. 269 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 26 Packet Pg. 270 6.1.b Environmental Checklist Biological Resources 4 Biological Resources Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ❑ ■ ❑ b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ❑ ■ ❑ c. Have a substantial adverse effect on State or Federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ❑ ❑ ■ ❑ d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ ❑ ■ ❑ e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ❑ ❑ ❑ ■ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? ❑ ❑ ❑ ■ Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 27 Packet Pg. 271 6.1.b City of Dublin Dublin Climate Action Plan a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c. Would the project have a substantial adverse effect on State or Federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The CAP 2030 is a policy document and does not include any site -specific development, designs, or proposals, nor does it grant any entitlements for development that would result in biological resource impacts. Dublin is a primarily urbanized community; nevertheless, the General Plan incorporates goals and policies to protect biological resources in rural areas of Dublin. Furthermore, the measures and supporting actions included in the CAP 2030 would generally apply to the urbanized areas of Dublin, with little application to parks, open spaces area, or other locations where sensitive biological resources may be present. Implementation of the CAP 2030 would not have a substantial adverse effect, either directly or indirectly through habitat modifications, on any species identified as a candidate, sensitive, special status species, or wildlife movement. In addition, the CAP 2030 itself would not have a substantial adverse effect on any riparian habitat or sensitive natural community. Therefore, the impact would be less than significant. LESS THAN SIGNIFICANT IMPACT e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? City of Dublin has passed the Street Tree Ordinance and Heritage Tree Ordinance to preserve local tree resources. The Street Tree Ordinance was established to preserve the trees and plantings on City property and enhance the ecological benefit to the community by providing for the regulation of planting, management, maintenance, preservation, and where necessary, removal of public trees. Since Dublin has many heritage trees, Heritage Tree Ordinance was developed to enhance the scenic beauty, increase property values, and protect the general welfare of City trees. The CAP 2030 does not include any development, nor would it add or enable any new development that would conflict with local goals, policies, or ordinances protecting biological resources. Rather, the CAP 2030 would facilitate development that could already occur under the General Plan. In addition, the CAP 2030 contains measures and supporting actions that are consistent with the General Plan. For example, the Measure ML-6 aims to enhance municipal carbon sequestration opportunities and encourages tree planting in Dublin. The CAP 2030 would not affect the City's ability to attain goals and policies that protect biological resources. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 28 Packet Pg. 272 6.1.b Environmental Checklist Biological Resources f Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? The CAP 2030 would not facilitate any specific development projects, nor would it add or enable any new development that would conflict with the adopted General Plan or other approved local, regional, or State habitat conservation plan. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 29 Packet Pg. 273 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 30 Packet Pg. 274 6.1.b Environmental Checklist Cultural Resources 5 Cultural Resources Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? ❑ ❑ ❑ ■ b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? ❑ ❑ ❑ ■ c. Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ ■ a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c. Would the project disturb any human remains, including those interred outside of formal cemeteries? Dublin Government Code sec. 65302(a) requires land use elements to designate open space for protection of Native American historical, cultural and sacred sites. According to the City General Plan, there are seven sites in Dublin listed in the California Archaeological Inventory, Northwest Information Center, at Sonoma State University including the church and school on the grounds of the Dublin Heritage Park and Museums. As many as a dozen potentially significant historic and prehistoric sites have been identified in the Eastern Extended Planning Area. The listed California Historical Resources in Dublin includes Green Store, Francisco Soland Alviso Adobe and Original Murray Schoolhouse (California Office of Historic Preservation 2019). However, the CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. Because direct development would not result from implementation of the CAP 2030, adverse changes or disturbances to unique archaeological, paleontological, or geologic resources or historical resources would not occur. Similarly, because the CAP 2030 would not increase development that could already occur under the General Plan, nor involve ground -disturbing activities, the CAP 2030 would not directly result in disturbance of human remains. Therefore, no impact to cultural resources would occur. Implementation of some of the GHG emission reduction measures may require future development or improvements, such as bike paths, solar panels, or building improvements for efficiency; however, each future improvement would be subject to review by the City for compliance with the General Plan and Municipal Code, and would be required to comply with all applicable local, State, and Federal regulations. In addition, future development and improvements that could occur as a Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 31 Packet Pg. 275 6.1.b City of Dublin Dublin Climate Action Plan result of implementation of the CAP 2030 may be subject to additional project -specific environmental review, if required, that would assess project -specific impacts related to cultural resources. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 32 Packet Pg. 276 6.1.b Environmental Checklist Cultural Resources 6 Energy Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporated Impact No Impact Would the project: a. Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ❑ ❑ ■ ❑ b. Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? ❑ ❑ ■ ❑ Setting California is one of the lowest per capita energy users in the United States, ranked 48th in the nation, due to its energy efficiency programs and mild climate (United States Energy Information Administration [EIA] 2018 a). California consumed 292,039 gigawatt-hours of electricity and 2,110,829 million cubic feet of natural gas in 2017 (California Energy Commission [CEC] 2019, EIA 2018b). The single largest end -use sector for energy consumption in California is transportation (39.8 percent), followed by industry (23.7 percent), commercial (18.9 percent), and residential (17.7 percent) (EIA 2018a). Adopted on September 10, 2018, Senate Bill (SB) 100 accelerates the State's Renewable Portfolio Standards Program, codified in the Public Utilities Act, by requiring electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. The City has demonstrated its commitment to energy efficiency and renewable energy through the many efforts. The City joined East Bay Community Energy (EBEC) on November 15, 2016. EBCE is a local electricity supplier in Alameda County and provides cleaner, greener energy at competitive rates. The City opted to sign up for Renewable 100 for all of its municipal accounts, which is energy generated from 100% renewable sources. The City also adopted 2019 California Green Building Standards Code in 2020, which requires efficiency measures to reduce energy use, and provide energy reduction benefits. When doing so, the City increased the requirements for EV charging station installation to Tier 2 levels for all sectors. The CAP 2020 Update noted that, between 2005 and 2010, residential electricity use increased by 11 percent, residential natural gas use increased by 16 percent, commercial and industrial electricity use decreased by two percent, and commercial and industrial natural gas use increased by 13 percent. However, these increases roughly correlate with the 21 percent increase in population that Dublin experienced in the same five-year period (City of Dublin 2013). In 2015, 296,710 metric tons of MTCO2e were generated by activities in the City of Dublin, which is a 10 percent decrease from Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study — Negative Declaration 33 Packet Pg. 277 6.1.b City of Dublin Dublin Climate Action Plan the 2010 baseline inventory. Specifically, energy use decreased by 10 percent from the 2010 baseline inventory, which accounts for almost 40 percent of Dublin's total emissions in 2015. a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Would the project conflict with or obstruct a State or local plan for renewable energy or energy efficiency? The CAP 2030 is a policy document containing climate action measures and implementation actions to reduce GHG emissions. The CAP 2030 does not propose specific development or other physical changes to the environment and would not facilitate growth beyond what the General Plan would allow. Furthermore, the purpose and intended effect of the CAP 2030 is to reduce GHG emissions generated in Dublin to help reduce the effects of climate change, including those emissions generated by energy demand and supply. For example, the CAP 2030 encourages energy efficiency electrification of existing building stock. Measure EE-1 aims to encourage all new residential and/or commercial construction to be 100 percent electric or achieve higher energy efficiency if both gas and electricity are being used. Measure CF-1 suggests the City to consider opt up with EBCE to 100 percent renewable (Renewable 100) energy. Furthermore, Dublin has adopted the California Green Building Standards Code per Dublin Municipal Code Section 7.94. Therefore, any construction associated with projects included in the CAP 2030 would be required to be designed to comply with the performance levels of the California Green Building Standard Code in place at the time the project is constructed. Likewise, all projects would be required to comply with the energy standards in the current California Energy Code, Part 6 of the California Building Standards Code (Title 24). Therefore, the CAP 2030 would not conflict with the adopted energy conservation plans or result in the use of non-renewable resources in a wasteful or inefficient manner and impacts would be less than significant. Rather the proposed CAP 2030 would likely assist in reducing energy use and would be consistent with State and local plans for renewable energy and energy efficiency. LESS THAN SIGNIFICANT IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 34 Packet Pg. 278 6.1.b Environmental Checklist Geology and Soils 7 Geology and Soils Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Expose people or structures to potentially substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic -related ground failure, including liquefaction? 4. Landslides? b. Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? ❑ ❑ ❑ ■ d. Be located on expansive soil, as defined in Table 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? ❑ ❑ ❑ ■ e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ❑ ❑ ❑ ■ f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ❑ ❑ ■ Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 35 Packet Pg. 279 6.1.b City of Dublin Dublin Climate Action Plan a.i Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? a.ii Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? a.iii Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including liquefaction? a.iv Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? b Would the project result in substantial soil erosion or the loss of topsoil? c. Would the project be located on a geologic unit or soil that is unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? d. Would the project be located on expansive soil, as defined in Table 1-8 of the Uniform Building Code, creating substantial risks to life or property? Dublin is located in a seismically active region and is identified as Landslide Zone by California Department of Conservation (California Department of Conservation 2015). In 2010, the City adopted a Local Hazard Mitigation Plan as an annex to the Comprehensive Emergency Management Plan to assess hazards and mitigate risks prior to a disaster event and fully cover the necessity to address seismic and geological hazards (City of Dublin 2011). All development projects are required to conform to the current California Building Code. As mentioned above, the CAP 2030 is a policy document containing climate measures and supporting actions to reduce GHG emissions, which is consistent with Dublin's General Plan and other regional regulations. The CAP 2030 does not propose site -specific development that would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, strong seismic ground shaking, seismic - related ground failure, including liquefaction, or landslides. Additionally, because the CAP 2030 would not increase development that could already occur under the General Plan, nor involve ground -disturbing activities, it would not result in substantial soil erosion, the loss of topsoil, or the presence of unstable soils. No impact would occur. NO IMPACT e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed project and recommended measures in the CAP 2030 would not require the use of septic tanks or alternative waste water disposal systems. No impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 36 Packet Pg. 280 6.1.b Environmental Checklist Geology and Soils g. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The CAP 2030 is a policy document that does not include site -specific development, designs, or proposals, nor does it grant entitlements for development that would result in impacts to geological features. The CAP 2030 would generally apply to the urbanized areas of Dublin, with little application to parks, open spaces area, or other locations where uncovered paleontological resources may be present. Furthermore, the project would not involve any significant grading or excavation activities that would have the potential to disturb paleontological resources. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 37 Packet Pg. 281 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 38 Packet Pg. 282 6.1.b Environmental Checklist Greenhouse Gas Emissions 8 Greenhouse Gas Emissions Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ❑ ❑ ■ ❑ b. Conflict with any applicable plan, policy, or regulation adopted to reduce the emissions of greenhouse gases? ❑ ❑ ■ ❑ Climate change is the observed increase in the average temperature of the Earth's atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period. Climate change is the result of numerous, cumulative sources of GHG, which contribute to the "greenhouse effect," a natural occurrence that helps regulate the temperature of the planet. The majority of radiation from the sun hits the earth's surface and warms it. The surface in turn radiates heat back towards the atmosphere, known as infrared radiation. Gases and clouds in the atmosphere trap and prevent some of this heat from escaping into space and re -radiate it in all directions. This process is essential to support life on Earth because it warms the planet by approximately 60°F. Emissions from human activities since the beginning of the industrial revolution (approximately 250 years ago) are adding to the natural greenhouse effect by increasing the gases in the atmosphere that trap heat and contribute to an average increase in Earth's temperature. GHGs occur naturally and from human activities. Human activities that produce GHGs are the burning of fossil fuels (coal, oil, and natural gas for heating and electricity, gasoline and diesel for transportation); methane generated by landfill wastes and raising livestock; deforestation activities; and some agricultural practices. GHGs produced by human activities include CO2, CH4, N2O, HFCs, PFC, and sulfur hexafluoride (SF6). Since 1750, estimated concentrations of CO2, CH4, and N2O in the atmosphere have increased by over 36 percent, 148 percent, and 18 percent respectively, primarily due to human activity. Emissions of GHGs affect the atmosphere directly by changing its chemical composition. Changes to the land surface indirectly affect the atmosphere by changing the way in which the Earth absorbs gases from the atmosphere. Potential impacts in California due to climate change may include loss of snowpack, sea level rise, more extreme heat days per year, more high ozone days, more large forest fires, and more drought years (California Energy Commission [CEC] 2009). a. Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment? The CAP 2030 is a policy document containing climate reduction measures and supporting actions to reduce GHG emissions. The proposed CAP 2030 creates a GHG emission reduction strategy Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study — Negative Declaration 39 Packet Pg. 283 6.1.b City of Dublin Dublin Climate Action Plan (consistent with Section 15183.5 of the CEQA Guidelines)2 for the City of Dublin. The inventory performed for 2015 demonstrated that the activities within Dublin emitted 317,840 metric tons (MT) of carbon dioxide equivalent units (CO2e) or 5.5 MT CO2e per capita. The State has codified a goal of reducing emissions to 1990 levels by 2020 (AB 32); 40 percent below 1990 emissions levels by 2030 (SB 32); and has set a non -codified, long-term goal of carbon neutrality by 2045 (Executive Order [EO] B-55-18). The CAP 2030 contains a series of climate reduction measures to reduce emissions compared to 1990 levels. In 1990, Dublin is estimated to have emitted 11.9 MT CO2e per capita. Dublin's 2030 GHG emissions forecast, with implementation of reduction measures contained in the CAP 2030, is forecast to be 2.7 MT CO2e per capita, a reduction of over 76 percent from baseline levels. As such, the CAP 2030 would result in the reduction of GHG emissions rather than generating GHG emissions and impacts would be less than significant. LESS THAN SIGNIFICANT IMPACT b. Would the project conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The CAP 2030 is a policy -level document that sets strategies to reduce GHG emissions within Dublin in an effort with State regulations. As mentioned above under Impact "a" of the Greenhouse Gas Section, the CAP 2030 includes climate reduction measures and supporting actions to reduce Dublin's GHG emissions from forecast levels by approximately 45,378 MT of CO2e in 2025 and 72,472 MT of CO2e in 2030. As described in Section 9, Description of Project, the purpose of the CAP 2030 is to reduce Dublin's proportionate fair share of the statewide target set by AB 32 and SB 32 and work toward the State's longer term target identified in Executive Order S-3-053 and Executive Order B-30-15.The CAP 2030 would not conflict with applicable GHG reduction plan, including the AB 32 Scoping Plan or the Metropolitan Transportation Plan/Sustainable Communities Strategy (MTP/SCS). The Association of Bay Area Governments and the Metropolitan Transportation Commission adopted the MTP/SCS in 2017, which reflects the regions commitment to improve mobility, sustainability, and economy. Additionally, the Plan demonstrates how the region will reduce emissions from transportation sources to comply with SB 375. The CAP 2030 identifies how Dublin would achieve consistency with the statewide emissions limit, 2017 Scoping Plan and Plan Bay Area. Therefore, this impact would be less than significant. LESS THAN SIGNIFICANT IMPACT 2 Per the CEQA Statutes and Guidelines Section 15183.5(b)(1), a qualified GHG reduction plan should: quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project -by -project basis, would collectively achieve the specified emissions level; establish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and be adopted in a public process following environmental review. 3 Note, Executive Order S-03-05 is intended to guide State agencies' efforts to control and regulate GHG emissions but has no direct binding effect on local government or private actions. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 40 Packet Pg. 284 6.1.b Environmental Checklist Hazards and Hazardous Materials 9 Hazards and Hazardous Materials Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ ❑ ■ b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ❑ ❑ ❑ ■ c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? ❑ ❑ ❑ ■ d. Be located on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ ❑ ■ e. For a project located in an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? ❑ ❑ ❑ ■ f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ ■ g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? ❑ ❑ ❑ ■ Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 41 Packet Pg. 285 6.1.b City of Dublin Dublin Climate Action Plan a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? The CAP 2030 is a policy document containing measures and supporting actions to reduce GHG emissions. The proposed CAP 2030 does not involve any site -specific development, nor would it facilitate new development. Implementation of the CAP 2030 measures would not involve the routine transport, use, or disposal of hazardous materials, and would not create reasonably foreseeable upset and/or accidental conditions involving the release of hazardous materials into the environment. Implementation of some of the GHG reduction measures such as the use of bicycle facilities, energy retrofits, EV charging stations may involve the use and transport of fuels, lubricating fluids, and solvents, among other activities. These types of materials are not considered acutely hazardous, and all storage, handling, and disposal of these materials are regulated by the California Department of Toxic Substances Control (DTSC), United States Environmental Protection Agency, Occupational Safety & Health Administration (OSHA), and Alameda County Environmental Health Division. Additionally, each future improvement would be subject to review by the City for compliance with the General Plan and Municipal Code and would be required to comply with all applicable local, State, and Federal regulations, including project -specific environmental review. Therefore, no impact would occur. NO IMPACT c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? The CAP 2030 is a policy document containing measures and supporting actions to reduce GHG emissions. The proposed CAP 2030 does not include any site -specific proposals and development, nor would it emit or handle hazardous materials. Implementing some GHG measures may require future development or improvements, such as bike paths, solar panels, or building improvements for efficiency. However, each future improvement would be subject to review by the City for compliance with the General Plan and Municipal Code and would be required to comply with all applicable local, State, and federal regulations including project -specific environmental review. Therefore, no impact would occur. NO IMPACT d. Would the project be located on a site included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The CAP 2030 is a policy document containing measures and supporting actions to reduce GHG emissions. The proposed CAP 2030 does not include any site -specific development, nor would it facilitate new development that would directly or indirectly create a significant hazard to the public. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 42 Packet Pg. 286 6.1.b Environmental Checklist Hazards and Hazardous Materials e. For a project located in an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The project is not located in any airport land use plan area, or within two miles of a public or private airport. The nearest airports include: Hayward Executive Airport (17 miles), Livermore Municipal Airport (eight miles), and Oakland International Airport (20 miles). Therefore, due to the distance to local airports, no impact would occur. NO IMPACT f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The CAP 2030 is a policy document containing measures and supporting actions to reduce GHG emissions. The proposed CAP 2030 does not include any site -specific development, nor would it facilitate new development that would interfere with adopted emergency plans. Therefore, no impact would occur. NO IMPACT g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? According to California Department of Forestry and Fire Protection (CaIFIRE), City of Dublin is not located in any designated California Fire Hazard Severity Zones (CaIFIRE 2019), or in any State Responsibility Areas (CaIFIRE 2016). No impact associated with wildland fires would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 43 Packet Pg. 287 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 44 Packet Pg. 288 6.1.b Environmental Checklist Hydrology and Water Quality 10 Hydrology and Water Quality Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? ❑ ❑ ❑ ■ b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ❑ ❑ ❑ ■ c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: ❑ ❑ ❑ ■ (i) Result in substantial erosion or siltation on- or off -site; ❑ ❑ ❑ ■ (ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site; ❑ ❑ ❑ ■ (iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or ❑ ❑ ❑ ■ (iv) Impede or redirect flood flows? ❑ ❑ ❑ ■ d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ❑ ❑ ❑ ■ e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ❑ ❑ ❑ ■ Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 45 Packet Pg. 289 6.1.b City of Dublin Dublin Climate Action Plan a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. The CAP 2030 does not include measures or actions that would degrade surface or groundwater quality. Additionally, some of the measures would support and improve the local water quality. For example, Measure ML-7 aims to achieve the City's resilience goals through implementation of the Green Stormwater Infrastructure Plan. Therefore, implementation of the CAP 2030 emission reduction measures would not violate water quality standards, waste discharge requirements, or otherwise substantially degrade surface or groundwater quality; no impact would occur. NO IMPACT b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c. (i) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off -site? c. (ii) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? c. (iii) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? c. (iv) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would impede or redirect flood flows? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. Implementation of the CAP 2030 measures would not violate water quality standards, waste discharge requirements, or otherwise substantially degrade surface or groundwater quality. As a result, no negative impacts related to groundwater or surface water quality, groundwater resources, runoff, or sensitive areas would occur. Furthermore, Measure ML-6 aims to enhance municipal carbon sequestration opportunities and encourages tree planting in Dublin, which would reduce stormwater runoff and increase groundwater recharge. Likewise, Measure ML-7 aims to achieve the City's resilience goals through implementation of the Green Stormwater Infrastructure Plan. Therefore, implementing the CAP 2030 would have a beneficial effect on local water quality and support water management in Dublin; no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 46 Packet Pg. 290 6.1.b Environmental Checklist Hydrology and Water Quality d. Would the project result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Portions of Dublin are within the 100- and 500-year flood zones defined by Federal Emergency Management Agency (FEMA) (City of Dublin 2017). In Dublin, any new construction in flood prone areas must comply with Chapter 7.24 (Flood Control) of Title 7 of the Dublin Municipal Code. While the City has not identified any major flood improvement projects, Alameda County Flood Control and Water Conservation District, otherwise known as Zone 7, has adopted comprehensive flood control measures and regulations including Flood Protection Maintenance Projects and Stream Management Master Plan, which would further decrease the flood risk of Dublin (Zone 7 Water Agency 2019). The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan and does not propose any land use or zoning changes, nor does it include any site -specific development. Implementing the CAP 2030 would not result in flood hazard or tsunami directly. Therefore, no impact would occur. NO IMPACT e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? The proposed measures would not include direct extraction of groundwater, and would ultimately encourage water savings through conservation. The proposed project would not interfere with or obstruct implementation of water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. No impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 47 Packet Pg. 291 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 48 Packet Pg. 292 6.1.b Environmental Checklist Land Use and Planning 11 Land Use and Planning Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Physically divide an established community? ❑ ❑ ❑ ■ b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ❑ ❑ ❑ ■ a. Would the project physically divide an established community? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan and does not include any climate action measures or any specific development projects that would divide an established community. Further, the CAP 2030 includes measures (SM-5, SM-7, and ML-2) that would support pedestrian and bicycle circulation and improved transportation alternatives, which would improve connectivity throughout Dublin. Measure SM-5 aims to update the Bicycle & Pedestrian Master Plan and prioritize implementation, which would increase the walkability of Dublin and decrease the vehicle miles traveled. Measure SM-7 aims to implement form -based codes that improve the pedestrian experience and create a built environment that prioritizes active mobility. Measure ML-2 aims to incentivize municipal employee alternative transportation. Implementing the CAP 2030 would improve the community connectivity; therefore, no impact would occur. NO IMPACT b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. Nonetheless, implementing the CAP 2030 would require some modification of existing policies, including developing and implementing new programs, and projects, or modifying existing ones. For example, Measure ML-1 would aim to expand the City's battery capacity storage and may include the installation of solar panels at municipal buildings. Additionally, Measure EE-1 aims to achieve all - electric new building construction while Measure EE-3 aims to streamline energy storage permit requirements. In order to implement these measures, the City Municipal Code and other applicable documents may need to be amended to reflect new or modified requirements. The CAP 2030 is designed to mitigate adverse environmental impacts associated with climate change. Where modifications of existing policies are needed, such as updates to policies related to parking management, the CAP 2030 measures and actions would result in greater avoidance or Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 49 Packet Pg. 293 6.1.b City of Dublin Dublin Climate Action Plan mitigation of environmental effects. The CAP 2030 would not conflict with current land use plan or policy; therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 50 Packet Pg. 294 6.1.b Environmental Checklist Mineral Resources 12 Mineral Resources Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. The General Plan does not identify any mineral resources in Dublin (City of Dublin 2017). Additionally, the CAP 2030 would not facilitate any specific development projects and would not add or enable development that could result in the loss of mineral resources. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 51 Packet Pg. 295 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 52 Packet Pg. 296 6.1.b Environmental Checklist Noise 13 Noise Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ❑ ❑ ■ ❑ b. Generation of excessive groundborne vibration or groundborne noise levels? ❑ ❑ ■ ❑ c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ ■ a. Would the project result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Would the project result in exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? The CAP 2030 is a policy document containing programs that are consistent with the General Plan. Some of the proposed measures of CAP 2030 would support small scale construction projects such as EV charging station construction, which may result in a temporary increase in groundborne vibration or noise levels. However, each future improvement would be subject to review by the City for compliance with the General Plan and Municipal Code, and would be required to comply with applicable local, State, and Federal regulations, including project -specific environmental review. The City's General Plan indicates that roadway vehicle traffic is the major source of noise in Dublin (City of Dublin 2017). The CAP 2030 encompasses a suite of GHG-reduction opportunities but focuses primarily on the transportation sector. For example, Measure SM-5 aims to review, prioritize, and update the City Bicycle and Pedestrian Master Plan, which would decrease the vehicle miles traveled, and Measure SM-3 would establish a plan to reduce single occupancy vehicles, including creating guidelines and policies that provide a larger range of micro -mobility transit options. These active transportation measures would reduce vehicle miles traveled and further reduce traffic -related noise in Dublin. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 53 Packet Pg. 297 6.1.b City of Dublin Dublin Climate Action Plan Therefore, implementation of the CAP 2030 would not generate excessive groundborne vibration or noise levels; the impact would be less than significant. LESS THAN SIGNIFICANT IMPACT c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? There are no airports or airstrips within Dublin, as mentioned in Section 9, Hazards and Hazardous Materials. The CAP 2030 does not propose land use or zoning changes related to airports, airstrips, or heliports, nor does it include development that would increase exposure to excessive noise levels associated with airports, airstrips, or heliports. No impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 54 Packet Pg. 298 6.1.b Environmental Checklist Population and Housing 14 Population and Housing Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan and would not result in increases in population or induce additional population growth and would not displace people or housing. Therefore, no impacts related to population and housing would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 55 Packet Pg. 299 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 56 Packet Pg. 300 6.1.b Environmental Checklist Public Services 15 Public Services Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1. Fire protection? ❑ ❑ ❑ ■ 2. Police protection? ❑ ❑ ❑ ■ 3. Schools? ❑ ❑ ❑ ■ 4. Parks? ❑ ❑ ❑ ■ 5. Other public facilities? ❑ ❑ ❑ ■ a.i. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection? a.ii. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection? a.iii. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools? Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 57 Packet Pg. 301 6.1.b City of Dublin Dublin Climate Action Plan a.iv. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks? a.v. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for other public facilities? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. New development facilitated by the General Plan would increase public service needs in Dublin by adding population and housing. However, implementation of the CAP 2030 and the proposed supporting measures would not result in increases in population and induce additional population growth. As such, the CAP 2030 would not require the construction of new or physically altered governmental facilities (i.e., fire or police stations, schools, parks, libraries) to serve additional population, the construction of which could cause significant environmental impacts. Therefore, no impact on public services causing the need for new governmental facilities would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 58 Packet Pg. 302 6.1.b Environmental Checklist Recreation 16 Recreation Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ ❑ ❑ ■ b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ❑ ■ a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Would the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The City has updated Parks and Recreation Master Plan in 2015 to manage the local parks and recreational facilities that were available for the current and future population of Dublin (City of Dublin 2015). The Master Plan is updated based on the population projections and the most current land use for ultimate build -out in accordance with the City's General Plan. The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan. Additionally, the CAP 2030 would not result in substantial population growth or direct land use change. Therefore, implementation of the CAP 2030 would not result in a substantial physical deterioration of parks or other recreational facilities or result in the need to expand recreational facilities. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 59 Packet Pg. 303 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 60 Packet Pg. 304 6.1.b Environmental Checklist Transportation and Traffic 17 Transportation and Traffic Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? ❑ ❑ ❑ ■ b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ❑ ❑ ❑ • c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? ❑ ❑ ❑ ■ d. Result in inadequate emergency access? ❑ ❑ ❑ ■ a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? The City adopted Dublin Bikeways Master Plan in 2007. In 2014, the Dublin Bikeways Master Plan was updated and renamed the Dublin Bicycle and Pedestrian Master Plan (City of Dublin 2014). The updated Dublin Bicycle and Pedestrian Master Plan contains goals and policies for development and implementation of a bicycle and pedestrian network that provides a viable transportation alternative to the automobile, improves safety for bicyclists and pedestrians, and provides residents with access and good connections to parks, open space, trails and other recreational opportunities. The CAP 2030 is a policy document containing goals, measures, and actions that are consistent with Dublin's General Plan, many of which are aimed at facilitating the implementation of the local transportation regulations. For example, Measure SM-5 aims to review, prioritize, and update the City Bicycle and Pedestrian Master Plan, which would decrease the vehicle miles traveled in Dublin and provide larger range of micro -mobility transit options, where "micro -mobility" refers to travel solutions for shorter distances. Further, Measure SM-3 would establish a plan to reduce single occupancy vehicles, including creating guidelines and policies for micro -mobility. These measures would not conflict with the objectives and policies of the General Plan or Bicycle and Pedestrian Master Plan, but rather would be consistent with those plans. Therefore, no impact would occur. Implementation of some of the GHG emission reduction measures may require future development or improvements, such as bike paths, solar panels, or building improvements for efficiency; however, each future improvement would be subject to review by the City for compliance with the Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 61 Packet Pg. 305 6.1.b City of Dublin Dublin Climate Action Plan General Plan and Municipal Code, and would be required to comply with applicable local, State, and Federal regulations. In addition, future development and improvements that could occur as a result of implementation of the CAP 2030 may be subject to additional project -specific environmental review, if required, that would assess project -specific impacts related to vehicle miles traveled. NO IMPACT c. Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? d. Would the project result in inadequate emergency access? The CAP 2030 is a policy document containing programs that are consistent with Dublin's General Plan and would not facilitate development beyond that allowed under the General Plan. As such, it would not create any traffic hazards or result in inadequate emergency access. The proposed measures and supporting actions included in the CAP 2030 would provide alternative modes of transportation and reduce the amount of vehicle miles traveled throughout Dublin. For example, the CAP 2030 promotes the Bicycle & Pedestrian Master Plan implementation to enhance bicycle, pedestrian, and transit connectivity, which would reduce congestion. The CAP does not include measures that would substantially increase hazards due to a design feature or incompatible uses. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 62 Packet Pg. 306 6.1.b Environmental Checklist Tribal Cultural Resources 18 Tribal Cultural Resources Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ❑ ❑ ❑ ■ b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 2024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significant of the resource to a California Native American tribe? ❑ ❑ ❑ ■ a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in a Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code § 5020.1 (k)? b. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in a Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code § 5024.1, the lead agency shall consider the significance of the resource to a California Native American Tribe? The CAP 2030 is a policy document containing goals, measures, and actions that are consistent with Dublin's General Plan and does not involve any development or other physical changes to the environment. The CAP 2030 does not include any development, nor does it grant any entitlements for development that could cause a substantial adverse change in the significance of a tribal cultural resource. Similarly, because CAP 2030 would not increase development that could already occur Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 63 Packet Pg. 307 6.1.b City of Dublin Dublin Climate Action Plan under the General Plan, nor involve ground -disturbing activities, the CAP 2030 would not directly result in disturbance of tribal cultural resources. Therefore, no impact would occur. Implementation of some of the GHG emission reduction measures may require future development or improvements, such as bike paths, solar panels, or building improvements for efficiency; however, each future improvement would be subject to review by the City for compliance with the General Plan and Municipal Code, and would be required to comply with applicable local, State, and Federal regulations. In addition, future development and improvements that could occur as a result of implementation of the CAP 2030 may be subject to additional project -specific environmental review, if required, that would assess project -specific impacts related to tribal cultural resources. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 64 Packet Pg. 308 6.1.b Environmental Checklist Utilities and Service Systems 19 Utilities and Service Systems Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ❑ ❑ ❑ ■ b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? ❑ ❑ ❑ ■ c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ❑ ■ d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ❑ ❑ ❑ ■ e. Comply with Federal, State, and local management and reduction statutes and regulations related to solid waste? ❑ ❑ ❑ ■ a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? The Dublin San Ramon Services District (DSRSD) is the designated provider of water supplies for residents in Dublin (City of Dublin 2017). In addition, DSRSD provides recycled (reclaimed) water for irrigation and other non -potable uses within Dublin. The wholesale supplier of water to DSRSD is the Alameda County Flood Control and Water Conservation District (Zone 7). DSRSD also provides wastewater collection and treatment services for Dublin. DSRSD has a comprehensive water conservation program that includes both supply- and demand -side measures, including enforcing wastewater and regulations, water audits, and optimal management practices. Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 65 Packet Pg. 309 6.1.b City of Dublin Dublin Climate Action Plan The CAP 2030 is a policy document to reduce GHG emission and energy consumption throughout Dublin and would not include any site -specific designs or proposals. Implementing the CAP 2030 would not result in a direct increase in population and housing, nor would it facilitate growth beyond that anticipated by the General Plan. Additionally, some supporting measures would reduce energy consumption within Dublin. For example, the CAP 2030 aims to reduce eight percent natural gas use by 2025. Implementing the CAP 2030 would not create new demand to utilities or other services, including water, wastewater treatment, electric power, natural gas, and telecommunications facilities. Therefore, no impact would occur. NO IMPACT b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? The CAP 2030 is a policy -level document that does not include site -specific designs or proposals, nor does it grant entitlements for development that would have the potential to increase demand for water supply or other utility services. Implementing the CAP 2030 would include no new residential construction, or demolition of existing housing, and would have no effect on water demand and wastewater treatment demand. Therefore, no impact to water supply and wastewater treatment would occur. NO IMPACT d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Would the project comply with Federal, State, and local management and reduction statutes and regulations related to solid waste? Amador Valley Industries (AVI) is the designated provider of solid waste collection and recycling services for all residents, businesses, and governmental agencies in the City of Dublin. Waste is taken to the Altamont Landfill, which is managed by Waste Management and has an estimated capacity of 62 million cubic yards and is estimated to reach capacity in January 2029 (City of Dublin 2017). The City has a goal of reducing waste sent to the landfill by 75 percent by 2025 as required by AB 341. To achieve this reduction goal, the City has implemented a variety of measures, including expanding existing commercial and residential recycling and composting programs, and expanding community education and outreach initiatives. As stated in CalRecycle's proposed SB 1383 regulations, Dublin must engage in edible food recovery capacity planning and reduce short-lived climate pollutant resulted from landfill. The CAP 2030 includes waste -reduction measures to achieve zero -waste within Dublin. For example, Measure MM-1 aims to divert 20 percent of edible food waste from landfill, with compliance of SB 1383. Additionally, because the CAP 2030 is a policy document that would not facilitate growth beyond that anticipated by the General Plan, it would not generate solid waste in excess of State or local standards. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 66 Packet Pg. 310 6.1.b Environmental Checklist Utilities and Service Systems 20 Wildfire Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporated Impact No Impact If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ ■ b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ❑ ❑ ❑ ■ c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ❑ ❑ ❑ ■ d. Expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? ❑ ❑ ❑ ■ a. If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan? b. If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslopes Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study — Negative Declaration 67 Packet Pg. 311 6.1.b City of Dublin Dublin Climate Action Plan or downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage changes? According to California Department of Forestry and Fire Protection (CaIFIRE), City of Dublin is not located in any designated California Fire Hazard Severity Zones (CaIFIRE 2019), or in any State Responsibility Areas (CaIFIRE 2016). Additionally, the CAP 2030 is a policy -level document that does not include any site -specific designs or proposals, nor does it grant any entitlements for development that would have the potential to cause wildfire directly. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 68 Packet Pg. 312 6.1.b Environmental Checklist Mandatory Findings of Significance 21 Mandatory Findings of Significance Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact Does the project: a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ■ ❑ b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ❑ ❑ ■ ❑ c. Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ • a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The intent of the CAP 2030 is to reduce GHG emissions from Dublin's operations within Dublin through implementation of GHG reduction measures and supporting actions. The CAP 2030 measures and actions are consistent with the General Plan and encourage residents, businesses, and the City to reduce energy, fuel use, and the associated GHG emissions. The CAP 2030 would not facilitate development that would diminish wildlife habitats or eliminate important examples of the major periods of California history or prehistory. As discussed in Sections 4, Biological Resources, and 5, Cultural Resources, the impact would be less than significant. LESS THAN SIGNIFICANT IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 69 Packet Pg. 313 6.1.b City of Dublin Dublin Climate Action Plan b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Implementation of the CAP 2030 would result in a cumulatively considerable beneficial reduction of GHG emissions and would not facilitate development that may make a considerable contribution to significant cumulative impacts. Implementation of the CAP 2030 would be consistent with General Plan policies aimed at reducing emissions of GHGs and air pollutants, reducing vehicle miles traveled, reducing demands on utilities, and increasing local water availability. The CAP 2030 would not make an adverse contribution to cumulative impacts related to growth in accordance with the General Plan and would result in either no cumulative impact or less -than -significant cumulative impact with respect to other CEQA topics. Therefore, a less -than -significant cumulative impact would occur. LESS THAN SIGNIFICANT IMPACT c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The CAP 2030 would not cause a direct or indirect adverse effect on human beings. Rather, as discussed throughout this Initial Study -Negative Declaration, the CAP 2030 would serve as a pathway to reduce GHG emissions and other positive environmental effects. These benefits include reduction in air pollution, reduction in transportation congestion, reduction in energy consumption, and soil conservation. Therefore, no impact would occur. NO IMPACT Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 70 Packet Pg. 314 References 6.1.b References Bibliography Bay Area Air Quality Management District (BAAQMD). 2017. Final 2017 Clean Air Plan. http://www.baagmd.gov/"/media/files/planning-and-research/plans/2017-clean-air- plan/attachment-a=proposed-final-cap-vol-1-pdf.pdf?la=en California Air Resources Board (CARB). 2017. AB 32 Scoping Plan. https://www.arb.ca.gov/cc/scopingplan/scopingplan.htm . 2005. Air Quality and Land Use Handbook: A Community Health Perspective. https://www.arb.ca.gov/ch/handbook.pdf . 2016. State SIP Strategy. https://ww3.arb.ca.gov/planning/sip/2016sip/2016sip.htm . 2019. Area Designations Maps/State and National. https://ww3.arb.ca.gov/desig/adm/adm.htm California Department of Conservation (DOC). 2015. CGS Information Seismic Hazards Programs https://maps.conservation.ca.gov/cgs/DataViewer/ California Department of Forestry and Fire Protection (CaIFIRE). 2016. State Responsibility Area Viewer. https://bofdata.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/ . 2019. California Fire Hazard Severity Zones (FHSZ). https://www.arcgis.com/home/item.html?id=31219c833eb54598ba83d09fa0adb346 California Department of Transportation (Caltrans). 2013. Transportation and Construction Vibration Guidance Manual (CT-HWANP-RT-13-069.25.3). http://www.dot.ca.gov/hq/env/noise/pub/TCVGM_Sep13_FINAL.pdf (accessed March 2019). . 2014. California Scenic Highway Mapping System. California Energy Commission. Environmental Health and Equity Impacts from Climate Change and Mitigation Policies in California: A Review of the Literature. March 2009. California Environmental Protection Agency (CalEPA), March 2006. Climate Action Team Report to Governor Schwarzenegger and the Legislature. California Office of Historic Preservation. 2019. California. Listed California Historical Resources. http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=1 Dublin, City of. 2010. Climate Action Plan. https://dublin.ca.gov/DocumentCenter/View/1049/Dublin-Climate-Action-Plan?bidld . 2011. 2010 Local Hazard Mitigation Plan Annex. http://resilience.abag.ca.gov/wp- content/documents/2010LHM P/Dublin-Annex-2011.pdf . 2013. Climate Action Plan Update. https://www.ca-ilg.org/sites/main/files/file- attachments/dublin-climate-action-plan_update_2013.pdf Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 71 Packet Pg. 315 6.1.b City of Dublin Dublin Climate Action Plan . 2014. Bicycle and Pedestrian Master Plan. https://dublin.ca.gov/DocumentCenter/View/7738/Bike-and-Ped-Plan-and-Guidelines- 1?bidld= . 2015. Parks and Recreation Master Plan. https://dublin.ca.gov/DocumentCenter/View/5063/Park-and-Recreation-Master-Plan--- 2015-Update?bidld= . 2016. Eastern Dublin Specific Plan. https://www.dublin.ca.gov/DocumentCenter/View/7776/EDSP-2016-Update-Full- PDF?bidld= . 2017. General Plan. https://dublin.ca.gov/DocumentCenter/View/17928/0-General-Plan- U pdate-2018-021318-web? b i d l d= . 2018. Dublin Zoning Map. https://dublin.ca.gov/DocumentCenter/View/20627/Zoning-Map- December-2018 . n.d. "Demographics." https://www.dublin.ca.gov/1811/Demographics . n.d. "History of Dublin". https://dublin.ca.gov/397/History-of-Dublin Federal Highway Administration (FHWA). 2006. FHWA Highway Construction Noise Handbook. (FHWAHEP-06-015; DOT-VNTSC-FHWA-06-02). http://www.fhwa.dot.gov/environment/construction_noise/handbook Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no- 0123_0.pdf (accessed March 2019). Sperling's Best Places. 2017. Dublin, California. https://www.bestplaces.net/city/california/dublin United States Army Parks Reserve. 2019. "Training Area". https://home.army.mil/parks/index.php United States Census Bureau. 2018. City of Dublin. https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml?src=bkmk United States Energy Information Administration (EIA). 2018a. "California - Profile Overview." Last modified: November 15, 2018. https://www.eia.gov/state/?sid=CA (accessed July 2019) . 2018b. Natural Gas: Natural Gas Consumption by End Use. December 31, 2018b. https://www.eia.gov/dnav/ng/ng_cons_sum_dcu_SCA_a.htm (accessed July 2019) Zone 7 Water Agency. 2019. https://www.zone7water.com/flood-stream/36-public/content/51- stream-management-master-plan Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 72 Packet Pg. 316 References 6.1.b List of Preparers Rincon prepared this Initial Study -Negative Declaration under contract to the City of Dublin. Persons involved in data gathering analysis, project management, and quality control include the following. RINCON CONSULTANTS, INC. Erik Feldman, Principal Matt Maddox, Principal Ryan Gardner, Senior Program Manager Hannah Mize, Lead Analyst Aubrey Mescher, Environmental Planner Yirui Zhang, Environmental Planner Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) Initial Study - Negative Declaration 73 Packet Pg. 317 6.1.b City of Dublin Dublin Climate Action Plan This page intentionally left blank Attachment: 2. Exhibit A to the Resolution - Initial Study Negative Declaration (Climate Action Plan 2030 and Beyond) 74 Packet Pg. 318 DocuSign Envelope ID:82BA10E4-05F5-4B47-91AE-1DDE91BFF807 California Department of Conservation .464it Geologic Energy Management Division Gavin Newsom, G David Shabazian, 801 K Street, MS 18-05 Sacramento. CA 95814 T: (916) 445-9636 08/03/2020 Rebecca Parnes Environmental Technician City of Dublin Public Works Department 101 Civic Plaza Dublin, CA 94568 Rebecca. Parnes@dublin.ca.gov CEQA Project #: Document Type: Project Lead Agency: Project Title: SCH 2O20070437 Initial Study/Negative Declaration City of Dublin Dublin Climate Action Plan 2030 and Beyond Public Resources Code (PRC) § 3208.1 establishes well reabandonment responsibility when a previously plugged and abandoned well will be impacted by planned property development or construction activities. Local permitting agencies, property owners, and/or developers should be aware of, and fully understand, that significant and potentially dangerous issues may be associated with development near oil, gas, and geothermal wells. The California Geologic Energy Management Division (CalGEM) has received and reviewed the above referenced project dated 7/23/2020. To assist local permitting agencies, property owners, and developers in making wise land use decisions regarding potential development near oil, gas, or geothermal wells, the CalGEM provides the following well evaluation. The project is located in Alameda County, City of Dublin within the boundaries of no known oil or gas field: CalGEM's records indicate no known oil or gas wells are located within the proposed project area. However, be advised there is an idle oil well located in the northwest corner of the city boundary (API 00100007). The well was permitted in 1924. However, there are no records confirming the well was ever drilled or plugged and abandoned. Our records indicate there is 1 known oil or gas well located within the project boundary as identified in the application. • Number of wells Not Abandoned to Current CalGEM Requirements as Prescribed by Law and Projected to Be Built Over or Have Future Access Impeded by this project: 0 • Number of wells Not Abandoned to Current CalGEM Requirements as Prescribed by Law and Not Projected to Be Built Over or Have Future Access Impeded by this project: 0 • Number of wells Abandoned to Current CalGEM Requirements as Prescribed by Law and Projected to Be Built Over or Have Future Access Impeded by this project: 0 Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 319 DocuSign Envelope ID: 82BA10E4-05F5-4B47-91AE-1DDE91BFF807 California Department of Conservation Geologic Energy Management: Division Gavin Newsom, G David Shabazian, 801 K Street, MS 18-05 Sacramento, CA 95814 T: (916) 445-9665 • Number of wells Abandoned to Current CaIGEM Requirements as Prescribed by Law and Not Projected to Be Built Over or Have Future Access Impeded by this project: 0 The CaIGEM categorically advices against building over, or in any way impeding access to, oil, gas, or geothermal wells. Impeding access to a well could result in the need to remove any structure or obstacle that prevents or impedes access including, but not limited to, buildings, housing, fencing, landscaping, trees, pools, patios, sidewalks, roadways, and decking. Maintaining sufficient access is considered the ability for a well servicing unit and associated necessary equipment to reach a well from a public street or access way, solely over the parcel on which the well is located. A well servicing unit, and any necessary equipment, should be able to pass unimpeded along and over the route, and should be able to access the well without disturbing the integrity of surrounding infrastructure. There are no guarantees a well abandoned in compliance with current CaIGEM requirements as prescribed by law will not start leaking in the future. It always remains a possibility that any well may start to leak oil, gas, and/or water after abandonment, no matter how thoroughly the well was plugged and abandoned. CaIGEM acknowledges wells plugged and abandoned to the most current CaIGEM requirements as prescribed by law have a lower probability of leaking in the future; however, there is no guarantee that such abandonments will not leak. PRC § 3208.1 give the CaIGEM the authority to order or permit the re -abandonment of any well where it has reason to question the integrity of the previous abandonment, or if the well is not accessible or visible. Responsibility for re -abandonment costs may be affected by the choices made by the local permitting agency, property owner, and/or developer in considering the general advice set forth in this letter. The PRC continues to define the person or entity responsible for reabandonment as: 1. The property owner - If the well was plugged and abandoned in conformance with CaIGEM requirements at the time of abandonment, and in its current condition does not pose an immediate danger to life, health, and property, but requires additional work solely because the owner of the property on which the well is located proposes construction on the property that would prevent or impede access to the well for purposes of remedying a currently perceived future problem, then the owner of the property on which the well is located shall obtain all rights necessary to reabandon the well and be responsible for the reabandonment. 2. The person or entity causing construction over or near the well - If the well was plugged and abandoned in conformance with CaIGEM requirements at the time of plugging and abandonment, and the property owner, developer, or local agency permitting the construction failed either to obtain an opinion from the supervisor or district deputy as to whether the previously abandoned well is required to be reabandoned, or to follow the advice of the supervisor or district deputy not to undertake the construction, then the person or entity causing the construction over or near the well shall obtain all rights necessary to reabandon the well and be responsible for the reabandonment. Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 320 DocuSign Envelope ID: 82BA10E4-05F5-4B47-91AE-1DDE91BFF807 California Department of Conservation Geologic Energy Management: Division Gavin Newsom, G David Shabazian, 801 K Street, MS 18-05 Sacramento, CA 95814 T: (916) 445-9665 3. The party or parties responsible for disturbing the integrity of the abandonment - If the well was plugged and abandoned in conformance with CaIGEM requirements at the time of plugging and abandonment, and after that time someone other than the operator or an affiliate of the operator disturbed the integrity of the abandonment in the course of developing the property, then the party or parties responsible for disturbing the integrity of the abandonment shall be responsible for the reabandonment. No well work may be performed on any oil, gas, or geothermal well without written approval from CaIGEM. Well work requiring approval includes, but is not limited to, mitigating leaking gas or other fluids from abandoned wells, modifications to well casings, and/or any other re -abandonment work. CaIGEM also regulates the top of a plugged and abandoned well's minimum and maximum depth below final grade. CCR §1723.5 states well casings shall be cut off at least 5 feet but no more than 10 feet below grade. If any well needs to be lowered or raised (i.e. casing cut down or casing riser added) to meet this regulation, a permit from the CaIGEM is required before work can start. CaIGEM makes the following additional recommendations to the local permitting agency: 1. To ensure that present and future property owners are aware of (a) the existence of all wells located on the property, and (b) potentially significant issues associated with any improvements near oil or gas wells, CaIGEM recommends that information regarding the above identified well(s), and any other pertinent information obtained after the issuance of this letter, be communicated to the appropriate county recorder for inclusion in the title information of the subject real property. 2. CaIGEM recommends that any soil containing hydrocarbons be disposed of in accordance with local, state, and federal laws. Please notify the appropriate authorities if soil containing significant amounts of hydrocarbons is discovered during development. As indicated in PRC § 3106, the CaIGEM has statutory authority over the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells, and attendant facilities, to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil, gas, and geothermal deposits; and damage to underground and surface waters suitable for irrigation or domestic purposes. In addition to CaIGEM's authority to order work on wells pursuant to PRC §§ 3208.1 and 3224, it has authority to issue civil and criminal penalties under PRC §§ 3236, 3236.5, and 3359 for violations within the CaIGEM's jurisdictional authority. CaIGEM does not regulate grading, excavations, or other land use issues. Should you have any questions, please contact me at (916) 324-7120 or via email at: Charlene.Wardlow@conservation.ca.gov Sincerely, �DocuSigned by: '-067E7BD5EA114A7... VI IGI Il.l Il.. L V V GI LAINVV Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Northern District Deputy Packet Pg. 321 i‘ x E & IN 0 = BasemapS • % {2 q Shot Oil Co. 2 0 2 z V 4� Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) 6.1.c From: Romal Mitr To: David Haubert; Rebecca Parnes Subject: Dublin Climate Action Plan - A Proposal for Youth Engagement Date: Wednesday, August 12, 2020 1:35:37 PM Dear Mayor Haubert and Ms. Parnes, I hope that you are both doing well. My name is Romal Mitr, and I am a high school sophomore at the Quarry Lane School in Dublin, CA. I recently read about the Dublin Climate Action Plan 2023 and Beyond, and I was so inspired by the steps Dublin is taking to reduce its carbon footprint. Environmentalism has always been an integral part of me. As an active environmentalist and steward of this planet, I strive to shift the current paradigm through which we view our world ecosystems. I am constantly on the lookout for opportunities for me to showcase my love for environmentalism and share this spirit with my community. In my endeavor to become a part of the solution rather than the pollution, I created a petition to decrease the amount of household plastic waste by urging LEGO to adopt more sustainable pieces and reduce its carbon footprint. In addition, I offered my own proposal on how this could be done through the use of natural and renewable resources. This petition continues to gain supporters and currently has over 800 signatures. The link to my petition is: http://chng.it/GbPcPSR2 Embracing my tree -hugging spirit, I aim to continually expand and merge my passion for environmentalism with my other interests. Being an avid geographer as well, I apply my knowledge of drift patterns and currents to help ameliorate the current plastic pollution in water bodies. I work closely to map the drift of the Great Pacific Garbage Patch, a collection of debris located in the Pacific Ocean, using ocean currents as a method of anticipating its location and helping forestall its growth. In addition, I have used my passion for mapmaking to help protect the biodiversity on our planet. Working with organizations such as American Red Cross and HOT (Humanitarian OpenStreetMap Team), I have mapped areas around the world to help these organizations' efforts to promote environmentalism. These efforts include determining rates of urbanization in secluded islands around the world and identifying specific areas that may be fit for the implementation of solar and other forms of renewable energy. In addition, I am also the President of my school's Environmental Club, and I have helped conduct the annual Earth Day Celebration at our school so that students in my area can actively engage with environmentalism and learn about the importance of saving our planet. I am also creating my school's first environmental magazine that promotes environmental education. Striving to accomplish the same mission as Dublin CAP, I would love to start an Environmental Youth Council in Dublin. I think that this could be a great way for the youth in Dublin to be educated on important environmental issues in our community. In the council, the members could discuss plans to implement cleanup programs to beautify our community and could organize events to raise awareness about the problems that our planet faces. I Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 323 6.1.c believe that this is an amazing opportunity for the youth in Dublin to feel a part of the solution to the climate change problem, and I think that this will encourage them to lead their own environmental initiatives in Dublin. In addition, the council could create an environmental curriculum that can be offered to all students and members of our community. The Environmental Youth Council can serve as an open structured council, where members can bring their ideas to the table about preserving the environment, and, with the resources that we have, we can bring these plans to fruition. Currently, no other city in the Tri-Valley has such a council, and I believe that Dublin can take pride in setting a precedent for other cities in our area. I am also a 2-term member of the Dublin Youth Advisory Committee (YAC). Although YAC focuses on improving the well-being of the youth community in Dublin by organizing/volunteering at community events, I believe that this Environmental Youth Council will be distinct in that it will be solely focused on one of our city's priorities: creating a greener future for all of our residents. I also believe that this proposed council aligns very well with your recent "Dublin Climate Action Plan 2023 and Beyond" and supplements Dublin's continual commitment to a sustainable future. As a fervent advocate for environmentalism, I want to share my passion for improving our planet with other youth members of our city. Please let me know your thoughts on my idea to start an Environmental Youth Council. I would greatly appreciate a chance to present my proposal for your consideration via a brief meeting. Thank you so much for your time, and I look forward to hearing back from you! Thank you, Romal Mitr (925) 549-4567 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 324 6.1.c IP WESTERN PROPANE® GAS ASSOCIATION Leadfvuthe way for rekwAvaixle,propagua, August 19, 2020 David Haubert, Mayor City of Dublin Attn: Dublin City Council 100 Civic Plaza Dublin, CA 94568 council@dublin.ca.gov RE: City of Dublin's Climate Action Plan 2030 and Beyond Dear Mayor Haubert and Councilmembers: SUBMITTED VIA EMAIL Thank you for the opportunity to provide input on the City of Dublin's Climate Action Plan 2030 and Beyond (CAP). The Western Propane Gas Association (WPGA) seeks to be a valuable contributor in both the development of the CAP and the policies and procedures that may emerge as a result of these discussions. WPGA would like to emphasize that while we applaud decarbonization efforts, we believe that the Council should take a comprehensive approach toward providing consumers with clean energy solutions and low -carbon fuel options. The propane industry is proud of the role we play in providing an affordable, clean energy for communities across California. Propane is non -methane and provides residents with a reliable, non -toxic energy source at a cheaper rate than electricity. The advent of renewable propane has also dramatically changed propane's value proposition. As the California Energy Commission (CEC) and Council continue to develop building decarbonization strategies, WPGA hopes the Council will recognize the role that both propane and renewable propane can play in reducing greenhouse gas emissions in the building sector. As I am sure the Council is aware, if the Council decides to move forward with Measure EE-1 to adopt an All -Electric Building reach code for new construction, the city will have to consider and show cost effectiveness for the proposed reach codes. As WPGA has interacted with other cities across the state, we have developed serious concerns with the cost effectiveness studies that a number of local cities are using to adopt reach codes. The data we have seen thus far does not appear to calculate the true cost of plumbing a house with propane. There is no substantial cost differential between building with propane in comparison to electric, especially once you factor in the cost of the energy. If the costs for all sectors are not analyzed in the study, it is impossible for local cities or the State to deem these efforts as truly "cost effective." Last Fall, we saw millions of Californians left in the dark and cold due to Public Safety Power Shut Offs (PSPS) and even just this last week residents were stranded in the heat due to rolling blackouts. These occurrences are a prime example as to why relying on a single power source is unacceptably risky and accentuate the need for both energy diversity and resiliency across the state. Whereas, during the PSPS events, countless individuals were able to power their homes, stay warm and ensure that essential life Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 325 6.1.c sustaining equipment was not turned off during the shut offs because their homes were also plumbed with propane. We believe that any proposed strategy within the CAP should ensure that residents across the state have much needed access to both clean energy diversity and resiliency options. Unfortunately, the CEC and numerous local municipalities have developed reach codes without consideration of the PSPS events or COVID-19 pandemic. This Council has the insight to understand the impact of these events and can make a more informed decision that supports clean energy and will benefit all residents. Climate change and decarbonization is a complex challenge that requires deployment of all clean energy sources. Wind, solar, and other renewable fuels — like renewable propane — all have to factor in the equation of how to combat one of the most critical issues of our time. The Western Propane Gas Association appreciates your work in this area and hope the Council and staff take a holistic view of the complementary role propane plays alongside decarbonization efforts including solar, wind and other renewable fuels. Sincerel en Granholm Regulatory Affairs Specialist Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 326 6.1.c Tri-Valley Air Quality Community Alliance tvagcal�,a� 9�: www.TVAOCA.org August 21, 2020 Rebecca Parnes City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: Dublin Climate Action Plan 2030 and Beyond (CAP2030) Dear Ms. Parnes: The Tri-Valley Air Quality Community Alliance (TVAQCA)1 would like to express our appreciation for the effort which has produced the Dublin's draft CAP2030. Many of the actions identified are beneficial not only in terms of climate change, but for air quality, among other health and quality - of -life benefits. Per our Air District (BAAQMD), ozone and PM2.5 measurements in the Tri-Valley cities of Livermore, Pleasanton, Dublin and San Ramon make us "impacted communities --those with higher levels of environmental exposures and more significant health burdens compared to the rest of the Bay Area." To address this issue, BAAQMD provided TVAQCA with funding under a Community Air Protection Program (AB 617) grant in March 2020. Our Alliance has begun public outreach to build community engagement that will lead to local solutions to improve air quality. We have also been developing an understanding of the causes of our air quality issues and have started to identify strategies that would significantly reduce our local air quality burden. As CAP2030 states, as the first co -benefit listed on page 1-2, "Dublin residents will be healthier" because of multiple actions in the plan. This section specifically mentions respiratory health benefits from cleaner air driven by building electrification; further discussion on page 6-7 thoughtfully explains that the health benefits alone of climate actions are cost-effective, paying for themselves in healthcare cost savings. It is wise to highlight the co -benefits of a plan that is primarily designed to reduce GHG emissions. While our organization agrees that anthropogenic climate change is real and problematic, not everyone is convinced that a focus on GHG emissions is important, and some will question whether global GHG reduction efforts will ever be adequate. Dublin alone or even all of California cannot stop climate change. That said, we all breathe, and 'The TVAQCA (tvaqca.org) is an all -volunteer organization organized under the Tri-Valley Nonprofit Alliance, PO Box 2467, Livermore, CA 94551. Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 327 6.1.c those of us who live or work in the Tri-Valley clearly stand to benefit if smog, particulate matter, and toxic air contaminant levels can be reduced. This is especially the case for sensitive populations such as pregnant women, children, the elderly, and those with existing respiratory health conditions. Among the actions identified in CAP2030, there are several that our organization also has under consideration. We have been developing an understanding of the drivers of poor quality in our airshed. Unlike some other impacted communities, such as West Oakland or Richmond, our main issue is not a stationary source within our airshed. Emissions from transportation are clearly an issue. Beyond steps to accelerate electrification of transportation, other focus areas in CAP2030 that we are exploring from an air quality perspective include building electrification, small off -road engines (i.e., landscaping equipment and generators), and encouraging walking, cycling and other forms of micro -mobility as alternatives to driving. The future of mass transit in the face of the pandemic is a key question. We would be delighted to support Dublin's education and outreach efforts for CAP2030 by providing input or giving presentations specific to the air quality benefits. We have access to new hyperlocal air pollution data, and plan to develop graphical representations of local air pollution to better explain the problem and identify potential solutions. Working across the Tri-Valley cities with their CAP teams, we might be able to provide a more quantitative understanding of the health benefits of climate action. Would you consider adding a link to our website on Dublin's CAP2030 homepage? We appreciate the opportunity to submit our comments on this important initiative for the residents of Dublin and the Tri-Valley. For more information about Tri-Valley Air Quality Community Alliance's efforts on behalf of clean air, or to discuss ways in which we could partner with you, please feel free to contact me. And please share our appreciation for the team effort that produced CAP2030. Sincerely, Bruce Daggy, Chair, Oversight Committee Tri-Valley Air Quality Community Alliance 5989 Corte Espada, Pleasanton, CA 94566 (M) (925) 918-1828 bruce.daggy@gmail.com With concurrence from TVAQCA Oversight Committee members: Ron Baskett, Ann Brown, Laurene Green, Van Rainey, & Jennifer Yeamans Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 328 6.1.c OSA BAY AREA AIR QUALITY MANAGEMENT DISTRICT ALAMEDA COUNTY John J. Bauters Pauline Russo Cutter Scott Haggerty Nate Miley CONTRA COSTA COUNTY John Gioia David Hudson Karen Mitchoff (Secretary) Mark Ross MARIN COUNTY Katie Rice NAPA COUNTY Brad Wagenknecht SAN FRANCISCO COUNTY VACANT Shamann Walton Tyrone Jue (SF Mayor's Appointee) SAN MATEO COUNTY David J. Canepa Carole Groom Davina Hurt SANTA CLARA COUNTY Margaret Abe-Koga Cindy Chavez (Vice Chair) Liz Kniss Rod G. Sinks (Chair) SOLANO COUNTY James Spering Lori Wilson SONOMA COUNTY Teresa Barrett Shirlee Zane Jack P. Broadbent EXECUTIVE OFFICER/APCO Connect with the Bay Area Air District: El is August 24, 2020 Rebecca Parnes City of Dublin 100 Civic Plaza Dublin, CA 94569 RE: Dublin Climate Action Plan 2030 and Beyond Dear Ms. Parnes, Bay Area Air Quality Management District (Air District) staff has reviewed the Initial Study — Negative Declaration (IS -ND) for the Dublin Climate Action Plan 2030 and Beyond (CAP 2030). The City of Dublin proposes to adopt the CAP 2030 to reduce communitywide greenhouse gas (GHG) emissions by 48,058 MTCO2e by 2025, and 73,452 MTCO2e by 2030, to achieve the goal of reducing GHG emissions to 40% below 1990 levels by 2030. CAP 2030 is also intended to set the City on the path to achieve carbon neutrality by 2045. In 2028, City staff will initiate the development of a new CAP to establish new strategies and measures to ensure its 2045 carbon neutrality goal is achieved. CAP 2030 and the Draft IS -ND would, if approved, also be useful in streamlining CEQA review for projects that are consistent with the CEQA GHG Emissions Analysis Compliance Checklist. The CEQA GHG Emissions Analysis Compliance Checklist is a proposed City of Dublin CEQA GHG Emissions Analysis Compliance Checklist for proposed projects, to ensure consistency with the City's proposed quantitative CEQA GHG Emissions Thresholds, for use in evaluating whether a plan or project's GHG emissions would result in a potentially significant environment impact under CEQA. Air Qualit Though Air Quality impacts were determined to be less than significant, and due solely to measures involving the installation of clean technology and other strategies to promote GHG reductions, Air District staff encourages the City to consider the following for all construction projects associated with CAP 2030 implementation to further mitigate GHGs and protect public health from air pollutants from construction equipment: • Require construction vehicles to operate with Tier 4 or the highest tier engines commercially available. • Require Basic Construction Mitigation Measures for all construction projects (Table 8-2), and require Additional Construction Mitigation Measures for Projects with Emissions Above the Threshold included in the Air District's CEQA Guidelines: Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) 375 BEALE STREET, SUITE 600 • SAN FRANCISCO CA • 94105 • 415.771.6000 • www.baagmd.gov Packet Pg. 329 6.1.c Rebecca Parnes August 24, 2020 Page 2 https://www.baagmd.gov/--/media/files/planning-and- research/ceqa/ceqa guidelines may2017-pdf.pdf?la=en • Review the Air District's CEQA website which contains tools and resources to assist lead agencies in analyzing air quality and GHG impacts. These tools include guidance on quantifying local emissions and exposure impacts and can be found on the Air District's website:https://www.baagmd.gov/plans-and-climate/california- environmental-quality-act-ceqa/ceqa-tools. If the Plan requires a site - specific analysis, please contact Air District staff to obtain the most recent data. Greenhouse Gas Emissions Air District staff commends the City of Dublin in establishing targets in CAP 2030 that align with the State's SB 32 GHG reduction goals for 2030, and discussing how the CAP 2030 provides a pathway —though not quantified — toward meeting the State's goal of carbon neutrality by 2045 (Executive Order B-55-18). Throughout the document, the City states that as implementation of CAP 2030 progresses, regular assessments will be performed to determine progress toward the 2030 and 2045 targets and enable adjustments to be made including the adoption of additional mandatory measures. The inclusion of a well -articulated vision (Section 1.0 What Will Dublin Look Like?) helps communicate the intent and targets of CAP 2030 and provides a reference point for public engagement. The Air District included a similar vision section in its 2017 Clean Air Plan and has found it to be very useful in helping communicate the goals and action strategy of the Clean Air Plan. Air District staff offers the following comments both in support of, and to strengthen, GHG mitigations in CAP 2030: • Through measure CF-1: Opt -Up to 100% Renewable and Carbon - Free Electricity, CAP 2030 identifies opting up all community electricity accounts to East Bay Community Energy's Renewable 100% product as the lead measure for reducing GHG emissions. Staff concurs that this is an important and aggressive strategy to meeting the City's GHG reduction goals. With 100% renewable electricity, CAP 2030's measures to electrify new construction and existing building stock — through measures EE-1: Achieve All -Electric New Building Construction and EE-4: Develop an Existing Building Electrification Plan —will have a significant impact on GHG emissions. Staff strongly advises the City to implement these measures as broadly as possible, capturing all building types and using mandatory approaches to ensure compliance. Staff also encourages the City to visit the Clean Building Compass, a web -based tool the Air District recently launched as a resource for local governments which includes information on Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 330 6.1.c Rebecca Parnes August 24, 2020 Page 3 model policies and http://www.buildingdecarb.org/compass.html. practices: • CAP 2030 includes an aggressive approach to building out the electric vehicle (EV) charging infrastructure, including a mandatory ordinance that would require all new commercial and multifamily buildings to include 25% of parking spaces as "EV Ready" (conduit and electrical panel capacity installed), and 3% of parking spaces required to have operable Level 2 EV charging stations. This exceeds the requirements of California's CalGreen Tier 2 building code and supports the Air District's efforts to achieve a goal of 90% of vehicles in the Bay Area being zero emissions by 2050. • CAP 2030 includes measure SM-3: Develop a Transportation Demand Management Plan which includes a variety of strategies to reduce vehicle trips and vehicle miles traveled (VMT). Staff suggests the City add to this measure a discussion of how COVID-19 shelter -in -place policies have changed traditional commute patterns, and include strategies designed to optimize trip reduction impacts from shelter -in - place into the future, such as greater emphasis on remote work and active transportation. While this period of time is challenging, it provides opportunities to rethink local circulation patterns and mode shifting. Staff encourages the City to incorporate Air District efforts into new strategies, including the Commuter Benefits Program (https://www.baagmd.gov/rules-and-compliance/commuter-benefits) and the Cut the Commute Pledge (https://www.sparetheair.org/reduce-your-impact/cut-the- commute/take-the-pledge). • Measure MM-1: Achieve the Organic Waste Reduction Requirements of SB 1383, provides a general description of actions the City will take to develop policies and practices to meet the State's organics waste diversion goals under AB1383. CAP 2030 estimates GHG reductions that will occur assuming the City meets the AB1383 waste diversion goals. Without clearer identification of specific actions the City will take to meet these goals, there is great uncertainty these goals can be met. Staff acknowledges this measure states the City will "adopt a plan and associated policies/ordinances required for the successful implementation of SB 1383." However, staff suggests CAP 2030 include a more specific description of the types of policies and ordinances the City will consider. • Overall, this is a strong and thoughtful plan that reflects innovative thinking, including looking at lifecycle costs and embodied emissions of new projects. The monitoring plan includes three-year GHG inventories and annual assessments of measures with the goal of Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 331 6.1.c Rebecca Parnes August 24, 2020 Page 4 adjusting mid -stream as necessary to meet the 2030 target. Staff recommends that the City identify a staff position that is entrusted with the coordination and implementation of the Climate Action Plan. Experience has shown that jurisdictions that have dedicated staff to implement their climate action plans have greater success in progressing towards their GHG reduction targets. Staff also recommends CAP 2030 include a checklist for new projects to demonstrate consistency with the plan. Air District staff commends the City for addressing the critical issue of climate change through local action and for the achievements the City has already made in reducing GHG emissions. By addressing the issues and suggestions in this letter, Air District staff believes that CAP 2030 would be more likely to achieve its GHG reduction target, thereby being in a better position to support streamlining for future projects under CEQA. Environmental Justice Air District staff also commends the City for calling out the climate co -benefit of equity and inclusion in CAP 2030, and specifically community -driven climate resilience planning approaches. In addition to this co -benefit and these considerations, Air District staff recommends applying an equity lens when implementing CAP 2030 and conducting a Racial Equity Impact Assessment of CAP 2030. The City of Oakland conducted a Racial Equity Impact Assessment and Implementation Guide which can serve as a good, local example and is located here: https://www.oaklandca.gov/documents/racial-equity-impact-assessment-and- implementation-guide. In addition to these overarching recommendations, Air District staff recommends the following to strengthen equity throughout CAP 2030: • Consider the cumulative impact, and potential unintended cost or displacement impacts, on communities when implementing CAP 2030 measures. • Ensure CAP 2030 is integrated and aligned with the City of Dublin's General Plan, specifically for equity considerations and outcomes. Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 332 6.1.c Rebecca Parnes August 24, 2020 Page 5 Air District staff is available to assist the City in addressing these comments. If you have any questions or would like to discuss Air District recommendations further, please contact Kelly Malinowski, Senior Environmental Planner, at (415) 749-8673 or kmalinowski@baagmd.gov. Sincerely, Greg Nudd Deputy Air Pollution Control Officer CC: BAAQMD Director John J. Bauters BAAQMD Director Pauline Russo Cutter BAAQMD Director Scott Haggerty BAAQMD Director Nate Miley Attachment: 3. Exhibit B to the Resolution - Comments Received on the Negative Declaration (Climate Action Plan 2030 and Beyond) Packet Pg. 333 6.1.d RESOLUTION NO. XX — 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND WHEREAS, on November 16, 2010 the City Council adopted Resolution 167-10 approving the City of Dublin Climate Action Plan establishing greenhouse gas (GHG) reduction goals for 2020; and WHEREAS, under the California Environmental Quality Act (CEQA) a city may prepare a qualified GHG Reduction Strategy or Climate Action Plan to evaluate a community's cumulative impact due to GHG emissions from future planned development; and WHEREAS, if a project is consistent with an adopted, qualified GHG Reduction Strategy or Climate Action Plan, the Strategy/Plan can be used as a basis for determining that the project would have a less than significant impact on a community's cumulative GHG emissions under CEQA; and WHEREAS, on October 15, 2013 the City Council adopted Resolution 177-13 approving the City of Dublin Climate Action Plan Update to use as a basis for determining that a future project that was consistent with the adopted Climate Action Plan Update would have a less than significant impact on Dublin's cumulative GHG emissions under CEQA through 2020; and WHEREAS, the City of Dublin is on track to meet the 2020 GHG reduction goals established by the Plans; and WHEREAS, in 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State's commitment to GHG emissions reductions by tightening the target to 40% below 1990 levels by 2030; and WHEREAS, in 2018, Governor Brown adopted Executive Order (EO) B-55-18 setting a Statewide goal of reaching carbon neutrality by no later than 2045; and WHEREAS, on December 17, 2019, the City Council provided consensus to align the City's future Climate Action Plan with both SB 32 and EO B-55-18 goals and consensus to proceed with the draft strategies and measures to achieve those goals; and WHEREAS, the Climate Action Plan 2030 and Beyond establishes the following targets: 1. Reduce GHG emissions to 40% below 1990 levels by 2030 2. Reach carbon neutrality by 2045; and WHEREAS, the Climate Action Plan 2030 and Beyond contains 22 measures grouped into the five strategies listed below to reduce GHG emissions by roughly 73,000 metric tons carbon dioxide equivalent by 2030: 1. 100% Renewable and Carbon -Free Electricity 2. Building Efficiency and Electrification 3. Sustainable Mobility and Land Use Attachment: 4. Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond (Climate Action Plan 2030 and Beyond) Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 1 of 2 Packet Pg. 334 6.1.d 4. Material and Waste Management 5. Municipal Leadership; and WHEREAS, the implementation of the Climate Action Plan 2030 and Beyond will result in co -benefits in the following areas: economic growth, reduced traffic congestion, improved public health, healthier ecosystems, robust landscapes, carbon sequestration, enhanced resilience, equity and inclusion, community leadership and partnerships, and cutting -edge technologies; and WHEREAS, the City Council held a properly noticed public hearing on the Climate Action Plan 2030 and Beyond and related Negative Declaration on September 15, 2020; and WHEREAS, the City Council did review and consider the Negative Declaration and the Climate Action Plan 2030 and Beyond and all said reports, recommendations, and testimony herein and set forth prior to making its decision on the Climate Action Plan 2030 and Beyond. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and adopt the Climate Action Plan 2030 and Beyond attached hereto as Exhibit A to the Resolution and authorizes Staff to make any non -substantive grammatical or editing changes in the final document. vote: PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Attachment: 4. Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond (Climate Action Plan 2030 and Beyond) Reso. No. XX-20, Item X.X, Adopted 09/15/20 Page 2 of 2 Packet Pg. 335 6.1.e September 15, 2020 - Agenda Item No. 6.1 Due to the size of this attachment, please use link below to view in full Attachment 5 — City of Dublin Climate Action Plan 2030 and Beyond Attachment: 5. Exhibit A to the Resolution - City of Dublin Climate Action Plan 2030 and Beyond (Climate Action Plan 2030 and Beyond) Packet Pg. 336 cm oroueux CLIMATE ACTION PLAN w 6.1. DUBLIN CALIFORNIA Table 6-3: Measure Co -Benefits and Implementation Costs Renewable and Carbon -Free Energy Measure CF-1: Opt -Up to 100% Renewable and Carbon -Free Electricity Co -Benefits: 9 ' Q " Community Costs: cTe 4,,,,,, , City Costs: 0,- o,"e ,), ,$) • Economic Growth • Improved Public Health • Cutting -Edge Technologies Average annual residential electricity costs37 increase: • $8 for carbon -free electricity • $48 for 100% carbon -free and renewable electricity One-time costs: • $3,000 - $10,000 staff time CF-2. Develop a Renewable Resource Buildout Plan Co -Benefits: Community Costs: ...L.p..)(1. City Costs: c-i' 4e) ,,,,, ,...s„), es 445. a ec-,' • Economic Growth • Improved Public Health • Enhanced Resilience • Community Leadership and Partnerships • Cutting -Edge Technologies No cost. One-time costs: • $8,000 - $12,000 staff time plus $75,000 consultant costs Building Efficiency and Electrification EE-1. Achieve All -Electric New Building Construction Co -Benefits: Community Costs: City Costs: 4Elg Alk Q • Economic Growth • Improved Public Health • Enhanced Resilience • Equity and Inclusion • Cutting -Edge Technologies All -electric construction is less expensive both to construct and operate over the lifetime of a building. One-time costs: • $6,000 - $10,000 staff time 37 https://ebce.org/wp-content/uploads/EBCE-Web-Comparison Ju1y2019_FINAL090619.pdf Attachment: 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs (Climate Action Plan 2030 and Beyond) Packet Pg. 337 cm oroueux CLIMATE ACTION PLAN w 6.1. DUBLIN CALIFORNIA EE-2. Implement the State Building Energy Disclosure Program Co -Benefits: Community Costs: City Costs: _ . • Economic Growth • Cutting -Edge Technologies Energy reporting is estimated to take about two hours of time to report annually. One-time costs: • $5,000 staff time On -going annual costs: • $2,000 - $4,000 EE-3. Streamline Battery Storage Permit Requirements Co -Benefits: Q Community Costs: * City Costs: ,$) ,94) • Enhanced Resilience • Cutting Edge Technologies Streamlining the permit process should ultimately save costs as it will simplify the permit application process and associated time. One-time costs: • $7,000 - $10,000 staff time Annual costs: • $3,000 - $5,000 staff time EE-4. Develop an Existing Building Retrofit Plan Co -Benefits: Community Costs: City Costs: (3V4 4 Q • Economic Growth • Improved Public Health • Equity and Inclusion • Cutting Technologies Since this measure is voluntary, this cost estimate assumes only low and no cost-effective projects will occur. One-time costs: • $4,000 - $6,000 staff time Annual costs: • $5,000 -Edge Sustainable Mobility and Land Use SM-1. Adopt an Electric Vehicle Charging Station Ordinance Co -Benefits: Community Costs: City Costs: • Economic Growth • Improved Public Health • Equity and Inclusion • Cutting -Edge Technologies $400 or more per parking space to make EV ready, additional costs for purchase of EV charging station; total impact to project will be dependent on project size and EV charging station purchased One-time costs: • $8,000 - $14,000 staff time Attachment: 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs (Climate Action Plan 2030 and Beyond) Packet Pg. 338 cm oroueux CLIMATE ACTION PLAN IF 6.1. DUBLIN CALIFORNIA SM-2. Develop an EV Infrastructure Plan Co -Benefits: Community Costs: City Costs: Economic Growth Improved Public Health Cutting -Edge Technologies Community costs will result from use of the EV charging stations but City EV charging station rates are comparable to other publicly available charging station fees and are intended as cost recovery only. One-time costs: $8,000 - $12,000 staff time plus $30,000 consultant costs SM-3. Develop a Transportation Demand Management Plan Co -Benefits: fok Community Costs: City Costs: Economic Growth Improved Public Health Equity and Inclusion Cutting -Edge Technologies No cost to the community for plan development. One-time costs: • $15,000 - $25,000 staff costs plus $ 200,000 consultant costs SM-4. Develop a Citywide Parking Management Plan Co -Benefits: o�14;11:1. Col Community Costs: S City Costs:(( ( � �D D ~~D Reduced Traffic Congestion Improved Public Health No cost to the community for plan development. One-time costs: $7,000 - $15,000 staff time plus $200,000 - $600,000 consultant costs depending on the scope of the plan. SM-5. Update the City's Bicycle and Pedestrian Master Plan Co -Benefits: mgwzi-L, Community Costs: S City Costs: ile2)(8": Economic Growth Reduced Traffic Congestion Improved Public Health Equity and Inclusion No cost to the community for plan development. Staff time and consultant services have already been allocated for this effort and are funded through Transportation Development Act Article 3 funds, Measure B funds, and Measure BB funds. Attachment: 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs (Climate Action Plan 2030 and Beyond) Packet Pg. 339 cm oroueux CLIMATE ACTION PLAN W 6.1.f DUBLIN CALIFORNIA SM-6. Continue to Prioritize Transit -Oriented Development Co -Benefits: Community Costs: (S. City Costs: S I IT • Economic Growth • Reduced Traffic Congestion • Improved Public Health • Equity and Inclusion No cost. No additional costs will be incurred as this measure supports continuation of the City's on -going prioritization of transit -oriented development. SM-7. Develop a Built Environment That Prioritizes Active Mobility Co -Benefits: El WO Community Costs: ,i,„»(-1'. City Costs: 0-: cs‘ ,) ,) ,) • Economic Growth • Improved Public Health • Robust Landscapes The cost to construct buildings that prioritize active mobility is not anticipated to increase. One-time costs: • $5,000 - $10,000 staff time plus $25,000 - $40,000 consultant time. Materials and Waste Management MM-1. Achieve Waste Diversion Requirements of SB 1383 Co -Benefits: Community Costs: City Costs: • Healthier Ecosystems • Carbon Sequestration • Community Leadership and Partnership Annual costs: • $17 per resident'in • $662 per business Costs are and will be accounted for other program budgets. MM-2. Reduce Embodied Emissions Associated with Building Materials Co -Benefits: $, g-1,;.? ...0- Community Costs: 'S City Costs: _ . , t. , _) ) _ . , t. ,2) _ . , t. ,2) • Carbon Sequestration • Community Leadership and Partnerships • Cutting -Edge Technologies No cost. One-time costs: • $10000-$15000 sa https://www.calrecycle.ca.gov/docs/cr/laws/rulemaking/slcp/impactassessment.pdf Attachment: 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs (Climate Action Plan 2030 and Beyond) Packet Pg. 340 cm oroueux CLIMATE ACTION PLAN ML-1. 100% Renewable Electricity for Municipal Buildings and Operations Co -Benefits: nn Community Costs: City Costs: • Community Leadership and Partnerships • Cutting -Edge Technologies Not Applicable Annual cost increase for electricity: approximately $25,000 - $30,000 ML-2. Reduce Municipal Employee Commute GHG Emissions e Co -Benefits: O7 7 1p li Community Costs: $ City Costs: cl' 0" 0"e • Reduced Traffic Congestion • Improved Public Health • Community Leadership and Partnerships Not Applicable One-time costs: • $25,000 - $55,000 in staff and consultant time for TDM plan Annual costs: • $200 per employee ML-3. Electrify Municipal Vehicle Fleet and Equipment Co -Benefits: Community Costs: City Costs: • Economic Growth • Improved Public Health • Community Leadership and Partnerships • Cutting -Edge Technologies Not Applicable One-time costs: • $7,000 $12,000 staff time ML-4. Total Cost of Ownership and Life -Cycle Analysis of GHG Impacts in Municipal Project Request for Proposals Co -Benefits: Community Costs: --S City Costs: (alli '01 • Economic Growth • Community Leadership and Partnerships • Cutting -Edge Technologies Not Applicable One-time costs: • $10,000 - $15,000 staff costs Attachment: 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs (Climate Action Plan 2030 and Beyond) Packet Pg. 341 cm oroueux CLIMATE ACTION PLAN IF 6.1. DUBLIN CALIFORNIA ML-5. Promote Municipal Awareness of Sustainable Goods and Service Co -Benefits: Community Costs: City Costs: 1 g-c)ii • Economic Growth • Community Leadership and Partnerships Not Applicable One-time costs: • $5,000 $10,000 staff costs Annual costs for monitoring & implementation: • $3,000 - $10,000 ML-6. Enhance Municipal Carbon Sequestration Opportunities Co (61 -Benefits: Ca 10 Community Costs: City Costs: • Robust Landscapes • Carbon Sequestration • Enhanced Resilience • Community Leadership and Partnerships Not Applicable One-time costs: • $5,000 - $10,000 staff costs plus $25,000 - $30,000 contractor costs ML-7. Implement the Green Stormwater Infrastructure Plan Co -Benefits: i"...!‘ 0 t ,. MA Community Costs: 42e,t City Costs: -‘1..?-) • Economic Growth • Healthier Ecosystems • Robust Landscapes • Carbon Sequestration • Enhanced Resilience • Community Leadership and Partnerships Not Applicable Costs are and will be accounted for in other program budgets. Attachment: 6. CAP 2030 Table 6-3: Measure Co -Benefits and Implementation Costs (Climate Action Plan 2030 and Beyond) Packet Pg. 342 CITY av oueux CLIMATE ACTION PLAN so!s DUBLIN CALIFORNIA Table 8-1: Climate Action Plan Funding Matrix Strategy/Measure Source Funding Program Uses of Funds/Notes Strategy 1: Renewable and Carbon -Free Electricity (CF) J Measure CF-1: Opt -Up to 100% Renewable and Carbon -Free Electricity City of Dublin General Fund — Operating cash flow Minimal staff time will be required for public education. Energy cost to end users is expected to increase only minimally due to competitive rates for EBCE's renewable and carbon -free energy portfolios. Measure CF-2: Develop a City of Dublin/ Renewable Resource EBCE Buildout Plan Strategy 2: Building Efficiency and Electrification (EE) Measure EE-1: Achieve City of All -Electric New Building Dublin/EBCE Construction General Fund Grant Funding, EBCE Partnership Potential partnerships with EBCE or public/private partnerships could help cover some or all of the expected plan development and implementation costs. 1 General Fund or permit fees — private const. financing; EBCE Partnership Staff will implement and enforce electric preferred building codes. All electric buildings may create construction and occupant operations cost savings. EBCE will provide $10,000 in 2020 to offset costs for staff time to develop electric preferred building codes for possible adoption. Measure EE-2: Implement the City of Dublin State Building Energy Disclosure Program General Fund This program would be implemented by the City and would be based on the existing State program. Measure EE-3: Streamline Battery Storage Permit Requirements City of Dublin General Fund The City would use general funds to update the permit process for battery storage to create a more streamlined process. Measure EE-4: Develop an City of Dublin/ Existing Building EBCE/BayREN Electrification Plan Strategy 3: Sustainable Mobility and Land Use (SM) Measure SM-1: Adopt an Electric City of Dublin Vehicle Charging Station Ordinance General Fund; Partner incentive programs I ' General Fund Plan development would likely be funded by the General Fund. However, future grants may become available from the State or local partners for this work. The City would use the general operating budget to develop this ordinance. Staff would promote incentives for EV ownership as well as adopt building reach codes to increase the installation of new EV charging stations. Measure SM-2: Develop an Electric Vehicle Infrastructure Plan City of Dublin General Fund; Grant Funding; Public/Private Partnerships The City would use the general operating budget to develop the plan. Incentives and grant funding opportunities may be available for infrastructure and planning efforts. Collaborate with third party businesses to site charging facilities. City and privately -owned facilities could possibly obtain grant funding from Bay Area Air Quality Management District, PG&E, EBCE, or other sources. 6.1.g Attachment: 7. CAP 2030 Table 8-1: Climate Action Plan Funding Matrix (Climate Action Plan 2030 and Packet Pg. 343 CITY av oueux CLIMATE ACTION PLAN s•!s DUBLIN CALIFORNIA Strategy/Measure Source Funding Program Uses of Funds/Notes Measure SM-3: Develop a Transportation Demand Management Plan Alameda County Transportation Commission Caltrans California Transportation Commission LAVTA BART City of Dublin General Fund; Permit Fees; Sustainable Transportation Planning Grants The City of Dublin could fund a portion of the transportation demand management plan implementation through permit or user fees. Grants encourage local and regional planning that furthers State goals and helps achieve California's greenhouse gas reduction targets. Measure SM-4: Develop a Citywide Parking Management Plan City of Dublin General Fund The City would update its parking management plan as part of normal City operations. Measure SM-5: Update the Bicycle and Pedestrian Master Plan City of Dublin Transportation Development Act; Article 3 Funds; Measure B; Measure BB Funds The Metropolitan Transportation Commission collects Transportation Development Act (TDA) funds. Two percent of TDA funds are allocated to TDA Article 3 (TDA 3) funds which are redistributed to each county and must be used for bicycle and pedestrian projects. In Alameda County, the TDA 3 funds are distribute to jurisdictions based on population. Measure B was approved by Alameda County voters in 1986 and renewed in 2000. It provides a one -half -cent sales tax to improve transportation throughout Alameda County. Voters passed Measure BB in November 2014, and collection of the initial half -cent transportation sales tax by the Board of Equalization began on April 1, 2015, and will extend through March 31, 2022. The full one -cent sales tax authorized by Measure BB will begin April 1, 2022, and will extend through March 31, 2045. Starting in July 2015, Alameda CTC began making monthly local distribution payments to local jurisdictions and transit agencies, per the 2014 Transportation Expenditure Plan, for the following programs: local streets and roads (including county bridges); bicycle and pedestrian; transit and paratransit. Measure SM-6: Continue to Prioritize Transit -Oriented Development City of Dublin N/A Already being implemented by the City. Measure SM-7: Develop a Built City of Dublin Environment That Prioritizes Active Mobility General Fund The City will update zoning and codes as part of City operations. 6.1.g Attachment: 7. CAP 2030 Table 8-1: Climate Action Plan Funding Matrix (Climate Action Plan 2030 and Packet Pg. 344 CITY av oueux CLIMATE ACTION PLAN s•!s DUBLIN CALIFORNIA Strategy/Measure Source Strategy 4 — Materials and Waste Management (MM) Measure MM-1: Achieve the Alameda County Organic Waste Reduction Waste Management Requirements of SB 1383 Authority; CalRecycle; USEPA; CalRecycle; City of Dublin Funding Program Measure D Fund County Payment Program; Environmental Education Grants; Food Waste Prevention and Rescue Grant Program Uses of Funds/Notes The Alameda County Waste Reduction and Recycling Initiative (Measure D), levies a surcharge on solid waste disposed of from Alameda County or in landfills in Alameda County. Fifty percent of Recycling Fund revenues are disbursed to cities and sanitary districts, including Dublin. Funds disbursed to municipalities must be used "...for the continuation and expansion of municipal recycling programs" and other waste diversion initiatives. CalRecycle provides funding annually to support city and county efforts to increase recycling of bottles and cans. Grants support environmental education projects that promote environmental awareness and stewardship, and help provide people with the skills to take responsible actions to protect the environment. This grant program provides financial support for projects that design, demonstrate, and/or disseminate environmental education practices, methods, or techniques. Supports new or expanding existing food waste prevention projects (source reduction or food rescue for people) in California to reduce the amount of food being disposed in landfills Dublin staff collaborates with StopWaste, AVI, and other partners to develop educational materials and resources to educate food service businesses about waste reduction opportunities and programs. Measure MM2: Reduce City of Dublin Embodied Emissions Associated with Building Materials Permit fees; Private construction financing; General Fund Staff will develop and implement low -embodied carbon building code. Low -embodied carbon building code requirements will be included in construction costs and are expected to be approximately equal to standard building practice costs. Source: BAE Urban Economics 6.1.g Attachment: 7. CAP 2030 Table 8-1: Climate Action Plan Funding Matrix (Climate Action Plan 2030 and Packet Pg. 345 6.1.h STAFF REPORT CITY COUNCIL DATE: December 17, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Input on Climate Action Plan Update Prepared by: Rebecca Parnes, Environmental Technician EXECUTIVE SUMMARY: The City Council will receive a report and consider implementation measures and goals for inclusion in an updated Climate Action Plan. Following the review and feedback, Staff will present a final updated Climate Action Plan early next year. STAFF RECOMMENDATION: Receive the report on the draft Climate Action Plan (CAP) update and provide direction on proposed implementation measures for inclusion in the CAP update. FINANCIAL IMPACT: There is no immediate impact to the General Fund from the Climate Action Plan (CAP) update. Staff intends to leverage partnerships and grant funding to minimize CAP update implementation costs on the General Fund. All measures with cost implications will be brought to the City Council for separate consideration and approval. DESCRIPTION: On November 16, 2010, the City Council approved Resolution 167-10 (Attachment 1) adopting the City of Dublin's first Climate Action Plan (CAP) in response to Assembly Bill (AB) 32, the Global Warming Solutions Act, passed by the California legislature in 2006. AB 32 set a State-wide target to reduce greenhouse gas (GHG) emissions to 15% below 1990 levels by 2020. In 2013, Staff initiated an update to the 2010 CAP to meet California Environmental Quality Act (CEQA) and Bay Area Air Quality Management District standards for a Qualified GHG Reduction Plan/Strategy that development projects could follow to reduce the work involved in completing a CEQA analysis for an individual project. The City Council adopted Resolution 177-13 (Attachment 2) on October 15, 2013 approving the update to the CAP. Through implementation of the current CAP, the City of Dublin is on track to reach its 2020 GHG emissions reduction goals. Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 1 of 12 Packet Pg. 346 6.1.h In 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State's commitment to GHG emissions reductions by tightening the target to 40% below 1990 levels by 2030. In 2018, Governor Brown adopted Executive Order (EO) B-55-18 which set a Statewide goal of reaching carbon neutrality by no later than 2045. Carbon neutrality refers to achieving net zero carbon dioxide emissions by balancing carbon emissions with carbon removal (through carbon offsetting or carbon sequestration) or eliminating carbon dioxide emissions completely. The proposed measures presented in this report were developed to achieve GHG emissions reduction targets set by SB 32 and Ea B-55-18. The California Air Resources Board currently recommends using a per -capita emissions metric to evaluate GHG emissions reductions and targets to avoid penalizing cities for growth. Staff assessed GHG emissions reductions using the recommended per -capita target. Figure 1 shows forecasted GHG emissions on a business -as -usual trajectory compared to reaching the goal set in EO B-55-18 of carbon neutrality by 2045. Interim reduction targets are also included in the graph. Figure 1. City of Dublin's GHG Emissions Forecast. —•— Forecasi Need for Improvement 4 it I.• 41/47..c..._ - • a.8 2010 '►?il )1)-1W 3.4 • To address the gap between forecast and target GHG emissions, the draft CAP update outlines measures that focus predominately on the City of Dublin's largest emission sources: buildings, transportation, and waste. Together these sources make up 99% of community emissions. The City of Dublin's community wide GHG emissions were approximately 317,840 metric tons of carbon dioxide equivalents (MT CO2e) in 2015 as shown in Figure 2. This is the equivalent of 5.5 MT CO2e per capita and represents a three percent decrease from the previous inventory of 2010. This total accounts for direct emissions from combustion of fuels in vehicles as well as indirect emissions associated with electricity, solid waste, and water. Emissions from consumption of goods are not accounted for in the inventory due to the lack of consensus on proper Page 2 of 12 Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Packet Pg. 347 6.1.h assessment methodology. However, strategies to address emissions generated from the consumption of goods are included in the plan. Figure 2. City of Dublin 2015 GHG Emissions Inventory. 60% Transportation f191,1OU IT1.0z, 2015 EMISSIONS (METRIC TONS OF CO,E) 1 I ,11 ' 1 1 1 1 Y I 1+ .1 1 L_4..'ri.6I, I ?'fin Conunerciall Industrial Gas UaC 1..:'(.IN1+J:1f! 1 r ) 1.1% Waterl\X''sste water /t•J r.r, Residenti41 Lit_tlririir 1 Ise 1 1 % Residential (;as Uses 1( 1011,S, r 4%Waste I1�,'rt %JFr_rarI The proposed community -wide measures are included in Table 1, and municipal measures are included in Table 2. Each of the measures falls under a certain theme, further described below. The theme of "Building Efficiency and Electrification" is important for establishing long- term benefits and savings by constructing new buildings having low GHG emissions. It is more cost effective to address electrification and building efficiency in new building construction rather than in existing building retrofits. The theme of "Renewable Energy" presents an opportunity for drastic GHG emissions reductions and resiliency potential in the event of a natural disaster or Public Safety Power Shutoff (PSPS) event. Transportation is the largest GHG emissions -producing segment of Dublin's emissions inventory and is addressed under the "Sustainable Mobility and Land Use" theme. It is anticipated that rapid changes in the transportation sector will occur in the next 10 to 20 years and many of the draft measures can position the City of Dublin to maximize the GHG emissions reduction potential from those changes. Emissions from waste are addressed in the materials management measures with a focus on compliance with SB 1383 to remove organic waste from the landfill. The proposed measures can put the City of Dublin on the path to meet new GHG emissions reduction targets in 2030 and 2045. Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 3 of 12 Packet Pg. 348 6.1.h Table 1. Proposed CAP Community -Wide Implementation Measures. Theme: Building Efficiency & Electrification. Targets: Achieve an 8% reduction in projected natural gas use by 2025 and 21% reduction by 2030. Achieve 100% all -electric new construction by 2030. Pr°u'psed Policy Proposed Implementation Measure(s) Achieve all -electric new co struction. Adopt a building reach code to disincentivize natural gas use in new buildings and incentivize all electric construction. Certain building types, such as fire, hospitals, and restaurants would be exempt as needed. Staff specifically proposes consideration of a building reach code requiring higher energy efficiency standards for dual -fuel (gas -electric) or minimum CalGreen energy efficiency requirements for electric only buildings. Reduce energy consumption in existing buildings. Implement State Building Energy Disclosure Program to ensure compliance with AB 802 (mandatory energy disclosure and benchmarking for large commercial and multi -family buildings) as well as voluntary residential disclosures. Develop a program for residents to facilitate building of all - electric buildings as easily as possible. Develop and distribute outreach materials on the benefits of home electrification and maintain an up-to-date repository of information on the City website. Encourage implementation of energy efficiency upgrades for existing homes and apartment buildings. Promote voluntary electrification by leveraging State and local incentives. Theme: Renewable Energy. Target: Achieve zero greenhouse gas emissions from the electricity sector by 2022. Proposed Policy Proposed Implementation Measure(s) Promote 100% clean electricity. By 2022, City Council to consider passing a Resolution to opt -up residential, community and other building classes to 100% carbon -free (Brilliant 100) or 100% renewable (Renewable 100) energy with EBCE. Streamline battery storage permit requirements as required by AB 546. Develop Renewable Resource Buildout Plan for Dublin. Leverage State and local funding and partnerships to develop local community solar projects in Dublin (i.e. projects that could supply local solar to the grid and function as a microgrid in PSPS events or natural disasters). Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 4 of 12 Packet Pg. 349 6.1.h Theme: Sustainable Mobility and Land Use. Targets: Increase alternative fuel vehicle adoption to 12°k of Dublin cars by 2025 and 33°Io by 2030; reduce vehicle miles traveled to s400,000 by 2030; construct 10 bike lane miles by 2030; achieve 500,000 miles traveled by bike, scooter, or autonomous shuttle by 2025 and 800,000 miles by 2030. Proposed Policy Proposed Implementation Measure(s) Increase community electric vehicle (EV) adoption. Adopt EV Charger Reach Code for Multifamily and Commercial Buildings. Develop an ordinance which requires all new commercial and multifamily buildings to include 25% of parking spaces be "EV Ready" (conduit and electrical panel capacity installed), with 3% parking required to have installed and operable Level 2 EV Charging stations. Please note that effective January 1, 2020, 10% of parking stalls at new commercial buildings and 20°Io of parking stalls at new multifamily buildings will be designed to accommodate the future installation of EV charging equipment. Develop an EV Infrastructure Plan for Dublin. Leverage State and regional incentives to encourage the installation of additional EV charging stations with a goal of 68 new publicly available charging stations (City or third party owned) by 2025 and 184 new charging stations by 2030. The EV charger goal was calculated by taking the number of EV's needed to meet the 12% and 33°Io EV's on the road goal which equates to 3,658 EV's by 2025 and 9,911 EV's by 2030. Per CEC and National Renewal Energy Lab numbers, one charger can service 27 cars. Promote alternative modes of transportation. Develop a Transportation Demand Management Plan. Develop a City parking management plan to reduce single occupancy vehicle transit. Reduce Parking Requirements in Transit Oriented Development. Work with BART and LAVTA on autonomous vehicle roll -out. Continue implementation of the City's Bicycle and Pedestrian Master Plan. Continue to prioritize transit -oriented development to reduce transportation emission and increase efficiency/amenities to the local area. Implement form -based building codes that encourage pedestrian access over vehicle access. Theme: Materials Management Targets: Organics will make up less than 9.35°I° of Dublin waste by 2025; not less than 20% of currently disposed edible food is recovered for human consumption by 2025. Reduce GHG emissions related to the manufacture, transport and construction of building materials, together with end of life emissions. Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 5 of 12 Packet Pg. 350 6.1.h Proposed Policy Proposed Implementation Measure(s) Achieve Zero Waste goals for solid waste. Pass all ordinances -required by SB 1383 to reduce waste sent to the landfill and recover edible food. Ensure compliance with mandatory composting rules to ensure organics make up less than 9.35°I° of Dublin waste by 2025. Require food generators above minimum size/revenue thresholds to donate surplus edible food. Implement the City's franchise waste collection agreement. Reduce embodied emissions in the built environment. Adopt a reach code mandating low embodied emissions concrete with specifications for residential and non - residential applications. "Embodied emissions" are emissions of carbon dioxide or other greenhouse gases generated by making and transporting materials to a building site, including mining, refining, and shipping. Table 2. Proposed CAP Municipal Implementation Measures. Theme: Municipal Building Efficiency & Electrification. Target: Construct buildings to enable fiscal responsibility on ongoing electrical operating costs. Proposed Policy Proposed Implementation Measure(s) Include total cost of ownership and life cycle analysis of GHG emissions impacts to RFP language for City Buildings/Infrastructure projects. Develop policy for the City which would require all new building RFP's to include life cycle costing over 30 years and tie this directly to energy consumption and building electrification. This would include the building's operational and maintenance costs and ensure that the City has the most cost effective and sustainable building possible. Theme: Municipal Renewable Energy Targets: City facilities use 100% clean energy; 50% of energy is generated on -site by 2030; 100% of critical facilities are functional with off -grid clean energy by 2030. Proposed Policy Proposed Implementation Measure(s) 100% Clean Energy for Municipal Accounts. Opt -up all municipal electricity accounts to 100% renewable power. Please note this is implemented and all energy procured by the City of Dublin is from 100% renewable sources as of July 2019. Install solar arrays at facilities that currently do not have solar arrays and work with emergency services to add solar and battery storage at priority locations. Review options for potential to combine multiple buildings into microgrid systems. Theme: Municipal Sustainable Mobility Targets: Reduce employee commute emissions 10% by 2025 and 20% by 2030. Electrify 10% of city plus contractor fleet by 2025 and 25% by 2030. Proposed Policy Proposed Implementation Measure(s) Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 6 of 12 Packet Pg. 351 6.1.h Reduce Municipal Employee Commute Emissions. Complete a transportation demand management study to determine how to incentivize alternative transportation methods for employees, including telecommute options. Provide bicycles and bicycle storage for employees to use during work hours for short business or personal trips. Electrify Vehicle Fleet and Equipment. Update and implement the City's Green Fleet Policy. Develop and adopt a policy to apply life cycle costing to all new vehicle and equipment purchases. This should include all passenger vehicles as well as larger vehicles such as garbage trucks, busses, etc. This policy could be extended to require Tong -term contractors to use EVs and give preference to short-term vendors/contractors who have electric/hybrid vehicles. Complete fleet electrification analysis (in process through EBCE). Theme: Municipal Materials Management Target: Green the City's procurement process. Proposed Policy Proposed Implementation Measure(s) Promote awareness of sustainable goods and services. Implement the City's Environmental Preferable Purchasing Policy. Require Municipal landscapers to maintain Bay -Friendly Landscape trained staff. Update RFP requirements to include minimum number of two Bay Friendly certified professionals for any company responding to landscaping - related City RFPs. Enforce existing Water Efficiency Landscape Ordinance and Bay -Friendly Landscape measures. Enhance Carbon Sequestration Opportunities. Update City Standards to include compost/mulching requirements and standardize minimum tree root volumes. Complete and highlight carbon sequestration/farming pilot project which will be completed in partnership with StopWaste. Require the use of compost -based erosion control BMP's during and post -construction, including compost socks, berms, and blankets, in permitted and city -owned construction projects. Theme: Resiliency Efforts Proposed Policy Proposed Implementation Measure(s) Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 7 of 12 Packet Pg. 352 6.1.h Implement the Local Hazard Mitigation Plan to mitigate flooding and reduce the urban heat island effect through an urban greening initiative. Develop Urban Greening policies which encourage/require tree planting along roadways, homes, and businesses to increase stormwater capture, reduce the urban heat island effect, increase building energy efficiency and provide carbon sequestration opportunities. Implement the Green Stormwater Infrastructure Plan. Include green stormwater infrastructure in optimal locations to promote infiltration and stormwater management along with complete street designs, carbon sequestration, and habitat development. Implementation of the draft CAP update measures will enable the City of Dublin to reach proposed 2030 GHG emissions reduction targets. As seen in Table 3 below, the biggest impacts can be achieved by opting -up East Bay Community Energy (EBCE) community accounts to 100 percent carbon free energy, followed by increasing community adoption of electric vehicles and electrifying the new and existing building stock. To further achieve reductions in GHG emissions from transportation, a shift away from single occupancy vehicles must occur. Policies and programs to address this transition are quantified but the impact is relatively small as behavior change will take time to realize. A detailed discussion on three of the proposed measures follows the table below. Table 3. 2025 and 2030 GHG Emissions Reduction Projections. Measure 2025 GHG Emissions Reductions (MT CO2e) 2030 GHG Emissions Reductions (MT CO2e) GHG Emissions Reductions Percentage of 2030 Potential Theme: Building Efficiency & Electrification Bui}ding Electrification Ordinance 4,062 4,828 6 1 % Electrify Existing Building Stock 4.649 14,529 18.4% Theme: Renewable Energy Opt -up EBCE Community Accounts 35,620 28,182 35.7% Theme: Sustainable Mobi ity Reduce Parking Requirements 794 1,332 1.7% Bike & Ped Implementation 167 172 0.2% Community EV Adoption Programs 8,320 26,288 33 3° Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 8 of 12 Packet Pg. 353 6.1.h Thorne: Materials Management Organic Waste ❑iversion 3,427 3,615 4.6% Total Emissions Reduction Target 30,177 73,866 Total Measures Reduction Potential 57,039 78,946 POLICY DISCUSSION All -Electric New Construction An all -electric building paired with 100% renewable energy has zero carbon emissions. In contrast, natural gas usage in buildings is one of the largest sources of GHG emissions. In order to start on the path to achieve the goal of carbon neutrality established in EO B-55-18 by 2045, the City of Dublin can adopt an electrification reach code. A reach code is a building code that is equal to or more stringent than what is established by the California building code, is cost effective, and is approved by the California Energy Commission. Reducing and ultimately eliminating natural gas usage in the building sector is an important component of climate mitigation and a critical strategy for the City of ❑ublin and the State to achieve the goal of Carbon Neutrality by 2045. Since SB 100 requires a 100% clean electric grid by 2045, passing a building electrification ordinance now (reach code) that prohibits or disincentivizes natural gas infrastructure, a policy that has been publicly supported by PG&E, is a critical tool for consideration as part of Dublin's CAP update. Cities across the State are adopting gas bans and all electric reach codes. In Alameda County the following cities are exploring electric reach codes per direction from their City Council with the possibility of implementation in early 2020: Albany, Berkeley, Emeryville, Fremont, Hayward, Livermore, and Oakland. Due to the timing of the release of CalGreen Title 24 codes and the completion of cost effectiveness studies for all electric, no Alameda County cities have yet adopted a reach code. On November 19, 2019 the City Council adopted a Resolution (Attachment 3) which approves amendments to Dublin Municipal Codes to align with provisions required by the California Building Standards Code in the California Code of Regulations, Title 24. The code amendments require higher levels of building energy efficiency effective January 1, 2020 but do not mandate all electric new construction. The City ❑f Dublin can choose to either mandate or encourage all electric new construction by adopting a reach code. As part of the CAP update, Staff proposes amending the City's construction codes to let builders choose between building more energy efficient buildings with dual fuel (gas and electric) or all electric construction at the minimum level of energy efficiency required per the 2019 Edition of the California building Code. Though not necessary for GHG emission reductions, the City Council can additionally adopt a reach code requiring the installation of battery storage coupled with mandatory solar panel installation. Solar panels with battery storage can enable resiliency in a natural disaster Page 9 of 12 Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Packet Pg. 354 6.1.h or PSPS event. Zero Greenhouse Gas Emissions from the Electricity Sector by 2022. The City of Dublin passed Resolution 168-16 (Attachment 4) and elected to become a member of EBCE on November 15, 2016. EBCE procures energy that is transmitted to Dublin residents and businesses via PG&E infrastructure. EBCE provides three portfolio options for its customers: Bright Choice which is EBCE's standard service and is offered at 2% below PG&E's energy rate; Brilliant 100 which is 100% carbon free and is offered at a rate on par with PG&E's rate; and Renewable 100 which is 100% renewable and 100°Io carbon free and is offered at 11.5% more than PG&E's base rate. The City of Dublin has already opted its municipal accounts to Renewable 100. The City Council could also adopt a resolution to opt up all customers to either Brilliant 100, as the cities of Albany and Hayward have done, or Renewable 100, as the City of Piedmont has done. Opting up to either Brilliant 100 or Renewable 100 has the single largest GHG emissions reduction potential of any action that could be taken in the immediate future. If all energy provided to Dublin businesses and residents was carbon - free, then a reduction of 28,182 MT CO2e could be achieved by 2030 making up 37.4°Io of total reductions needed. Table 4 below created by EBCE shows monthly cost comparisons between different residential energy options in 2019. As the table shows, for the average resident the increase in cost between Bright Choice and Brilliant 100 is $0.63 per month and $7.56 per year, and for Renewable 100 it is $4.22 more per month and $50.64 more per year. Table 4. EBCE Residential Rate Comparison. Tiered Rate Plan E-1 Residential: E-1 PG&E PG&E Solar Choice (100% Renewable) EBCE Bright Choice EBCE Brilliant 100 (100% Carbon -free) EBCE Renewable 100 (100% Renewable) Generation Rates ($/kWh) $0.11757 $0.09436 $0.08537 $0.08713 $0.09713 PG&E Delivery Rates ($/kWh) $0.13094 $0.13094 $0.13094 $0.13094 $0.13094 PG&E PCIA/FF ($/kWh) N/A $0.02979 $0.03044 $0.03044 $0.03044 Total Electricity Costs ($/kWh) $0.24851 $0.25509 $0.24675 $0.24851 $0.25851 Average Monthly Bill* ($) $89.21 $91.58 $88.58 $89.21 $92.80 * Monthly Usage: 359 kWh Compliance with SB 1383 Requirements In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived Page 10 of 12 Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Packet Pg. 355 6.1.h climate pollutants. Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of GHG emissions. SB 1383 establishes targets to achieve a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. The law grants CalRecycle the regulatory authority to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. CalRecycle is currently in the rulemaking process with the goal of releasing final requirements in January 2020. Staff anticipates implementation of SB 1383 will require substantial staff time. CalRecycle's Standardized Regulatory Impact Assessment of SB 1383-related proposed regulations on decomposition of organic waste in landfills estimates that implementation of all program requirements will cost each resident $17 annually and each business $662 annually. Based on the CalRecycle's proposed regulations, by January 1, 2022 the City of Dublin must: 1. Adopt an ordinance mandating all residents (including multifamily properties), businesses, and institutions to have trash, recycling, and organics collection, and proper sorting of their waste into each container. 2. Establish an edible food recovery program for large generators that includes securing edible food recovery partners with adequate capacity to collect or receive excess edible food from generators. 3. Provide education and outreach to all generators on program requirements. 4. Procure compost for use in Dublin at levels established on a per capita index. 5. Plan for adequate capacity for recycling organic waste and for edible food recovery. Starting January 1, 2024, the City of Dublin must: 1. Monitor, enforce, and track proper waste sorting and implement escalating fines for non-compliance. 2. Expand edible food recovery program requirements to medium generators. CONCLUSION: Upon receiving City Council feedback this evening, Staff plans to return to the City Council with a final updated CAP in early 2020 for possible adoption. The draft measures proposed for the CAP update address GHG emissions generated from energy, transportation, and waste. If adopted, Staff intends to track measure implementation and associated GHG emissions reductions and report progress publicly on the City's website. Staff also plans to participate in the Beacon Program administered by the Institute for Local Government. The Beacon Program honors voluntary efforts by local government to reduce GHG emissions, reduce electricity and natural gas in municipal facilities, and implement sustainability best practices. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Page 11 of 12 Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Packet Pg. 356 6.1.h Staff conducted community outreach to solicit input on priorities for inclusion as part of the Climate Action Plan (CAP) update development. This included a community survey (Attachment 5) and outreach at public events to promote the survey. Staff also received input on the draft measure from the CAP Task Force, which was formed by the City Council per Resolution 134-18 (Attachment 6) on December 3, 2018. ATTACHMENTS: 1. Resolution 167-10 Adopting the City of Dublin Climate Action Plan 2. Resolution 177-13 Adopting the City of Dublin Climate Action Plan Update 3. Resolution 122-19 Approving Findings Regarding the Need for Local Amendments to Provisions in the California Budding Standards Code 4. Resolution 168-16 Approving an Agreement to Participate in a Joint Powers Agency for Community Choice Aggregation Program in Alameda County 5. Climate Action Plan Survey Responses 6. Resolution 134-18 Approving the Formation of a Climate Action Plan Task Force i hris Foss, City Manage 12l1012419 Attachment: 8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only - No Attachments) (Climate Action Plan 2030 Page 12 of 12 Packet Pg. 357 1/ DUBLIN CALIFORNIA Dublin Climate Action Plan 2030 and Beyond City Council September 15, 2020 Introduction • Consideration of a Resolution adopting the Climate Action Plan 2030 and Beyond — Establish new GHG reduction target of 40% below 1990 levels by 2030 and carbon neutrality by 2045 — Five strategies with 22 implementation measures • Conduct the public hearing, deliberate, and adopt the Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond. City of Dublin Climate Action Plans • AB 32, The Global Warming Solutions Act — Established a statewide target to reduce greenhouse gas emissions (GHG) by 2020 — City of Dublin adopted a CAP in 2010 with a GHG reduction target for 2020 — City of Dublin adopted a CAP update in 2013 State Goals for 2030 and 2045 SB 32 — California Global Warming Solutions Act of 2006 — SB 32 sets a new statewide target to reduce greenhouse gas emissions to 40% below 1990 levels by 2030 — EO B-55-18 sets a statewide goal to reach carbon neutrality by 2045 — The CAP 2030 aligns with both goals City of Dublin GHG Emissions Forecast Figure 4-3: Dublin GHG Emissions Adjusted Forecast and Reduction Targets 8.0 a r 6.0 0.0 L) 4.0 0 .� 2.0 0.0 �i— Target —•— Forecast Need for Improvement 7.1 5.5 4.0 3.7 ice•_ 3.4 _ , - 3.4 • 3.7` • 2.8 2010 2020 2030 • 0.9%44**4%,...: • 2040 0.0 11, DUBLIN 2015 GHG Emissions Inventory Figure 4-1: City of Dublin 2015 GHG Emissions Inventory by Sector 60% Transportation (191,100 MT CO2e) 2015 EMISSIONS (METRIC TONS OF CO2E) 11 % Commercial/Industrial Electricity Use (33,600 MT CO2e) 7% Co.n unercial/ Industrial Gas Use (21,000 MT CO2e) > 1% Water/Waste water (2,300 MT CO2e) 7% Residential Electricity Use (22,000 MT CO2e) 11% Residential Gas Uses (36,000 MT CO,e) 4% Waste (12,700 MT CO2e) ss DUBLIN CAP 2030 Strategies • Strategy 1 • Strategy 2 • Strategy 3 • Strategy 4 • Strategy 5 Renewable and Carbon Free Energy Building Efficiency and Electrification Sustainable Mobility and Land Use Materials and Waste Management Municipal Leadership Changes to Measure CF- I : Opt -Up to 100% Renewable and Carbon -Free Electricity • Previously presented to City Council: "City Council to consider passing a Resolution to opt -up residential, community and other building classes to 100% carbon -free (Brilliant 100) or 100% renewable (Renewable 100) energy with EBCE. • Currently written as: "Opt -Up to 100% Renewable and Carbon -Free Electricity" 100% Carbon -Free Electricity • Renewable 100 (EBCFYs 100% renewable and carbon -free electricity product) is currently the only 100% carbon -free option • Brilliant 100 (EBCE's 100% carbon -free product) is frozen to new customers • Future alternatives to Brilliant 100 will be decided by the EBCE board this fall • A carbon -free option containing nuclear energy will be considered by the EBCE Board Implementation and Public Education • All measures except "Municipal Leadership" contain public education as a step in the implementation process, frequently twice • Staff will develop and implement a public education plan to promote: • Measure requirements, where applicable • Financing opportunities • Co -benefits of measure implementation Implementation and Monitoring • Table 8-2: GHG Emissions Reduction Measures Monitoring and Reporting Program lists how, when, and which City department(s) will monitor the ongoing implementation of the CAP 2030 • Every three years a GHG emissions inventory will be completed • Assess progress in 2025 to see if new or increased requirements are needed to reach 2030 GHG emissions reduction targets Co -Benefits of CAP 2030 Implementation .©. 007 07 07 VI 0 Economic growth Reduced traffic congestion Improved public health Healthier ecosystems Robust landscapes Carbon sequestration Enhanced resilience Equity and inclusion Community leadership and partnerships Cutting -edge technologies Priority Measures • CF-1: Opt -Up to 100% Renewable and Carbon - Free Electricity • EE-1: Achieve All- Fi;lectric New Building Construction • SM-1: Adopt an Electric Vehicle Charging Station Ordinance Environmental Review • City prepared an Initial Study/Negative Declaration for the CAP 2030 • Circulated for review for 30 days • July 24, 2020 to August 24, 2020 • City received 5 comment letters • No revisions are proposed to the CEQA document or the CAP 2030 Recommendation • Conduct the public hearing, deliberate, and adopt the Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond. • Deliberate and adopt the Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond. September 15, 2020 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the September 15, 2020, Regular City Council meeting agenda packet. Item 6.1 From: To: Cc: Subject: Date: Attachments: hepjazz Marsha Moore Wietske Medema; Arun Goel; Kunal Khaware COUNCIL AGENDA Item 6.1 Request Monday, September 14, 2020 9:59:19 AM Agenda Item 6.1 - Dublin Green Economic Recovery Act.pdf Dublin Green Economic Recovery Act.pdf Alameda County Green Recovery Act(2).pdf Bay Area Green New Deal(1)-1.pdf Good morning, We are requesting the following letter and attached documents be added under SB343 for the Agenda item #6.1. These are the documents first introduced by Vice -Mayor Arun Goel during the previous council meeting. Please find the attached documents and the letter for distribution to the council members (letter also included as a pdf file). If there are any further requirements needed, or if you have any questions, don't hesitate to contact me. Hope you are staying safe and healthy during this unusual historical moment. Kindest regards, Mark Van Landuyt Bay Area Green New Deal Coalition 925-858-5910 City of Dublin City Council September 14th, 2020 We are in a Climate Emergency. We are in an Economic Emergency. The urgency of this moment has become undeniable. With bold smart policies that create job growth and sustainability, Dublin can emerge stronger out of the pandemic. Preparing Dublin and its workforce for the post -pandemic economy, prioritizing a Green economy will be essential to maintaining Dublin's leadership of innovation and prosperity. Dublin's Green Economic Recovery Act is complimentary to the city's Climate Action Plan. There is overlap and synchronicity in certain policy areas, but the Green Economic Recovery Act is most centered on pioneering the economy of the future and creating Green jobs. To be effective, a city's environmental policy works interconnected with its county and state environmental policy. For that reason, we are including The Bay Area Green New Deal and the Alameda County Green Economic Recovery Act, which supports the Dublin Green Economic Recovery Act, which assists the delivery of Dublin's Climate Action Plan. In tandem, all proposals provide the framework for implementing, delivering, and exceeding the 2030 CAP. We would like to enter The Bay Area Green New Deal, the Alameda County Green Economic Recovery Act, and the Dublin Green Economic Recovery Act into public comment under SB343. We urgently request the council take on Dublin's Green Economic Recovery Act and use it as a pathway to the future. This crucial conversation must continue. Thank you for your leadership, California Green New Deal Coalition CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City of Dublin City Council September 14th, 2020 We are in a Climate Emergency. We are in an Economic Emergency. The urgency of this moment has become undeniable. With bold smart policies that create job growth and sustainability, Dublin can emerge stronger out of the pandemic. Preparing Dublin and its workforce for the post -pandemic economy, prioritizing a Green economy will be essential to maintaining Dublin's leadership of innovation and prosperity. Dublin's Green Economic Recovery Act is complimentary to the city's Climate Action Plan. There is overlap and synchronicity in certain policy areas, but the Green Economic Recovery Act is most centered on pioneering the economy of the future and creating Green jobs. To be effective, a city's environmental policy works interconnected with its county and state environmental policy. For that reason, we are including The Bay Area Green New Deal and the Alameda County Green Economic Recovery Act, which supports the Dublin Green Economic Recovery Act, which assists the delivery of Dublin's Climate Action Plan. In tandem, all proposals provide the framework for implementing, delivering, and exceeding the 2030 CAP. We would like to enter The Bay Area Green New Deal, the Alameda County Green Economic Recovery Act, and the Dublin Green Economic Recovery Act into public comment under SB343. We urgently request the council take on Dublin's Green Economic Recovery Act and use it as a pathway to the future. This crucial conversation must continue. Thank you for your leadership, California Green New Deal Coalition The Alameda County Green Recovery Act We are in an emergency. We are in an economic crisis. We are in a climate crisis. Alameda County needs a bold Green jumpstart to our economy. The pandemic has resulted in the loss of 2.4 million California jobs so far, the highest unemployment record in state history. In May 2019, Alameda County had an unemployment rate of 2.6 percent, which has now grown to 13.7 percent due to COVID- 19. This has economically affected local businesses and the most vulnerable communities in Alameda county. Alameda's Green Recovery Act is the most viable strategy for long-term economic recovery. Top economists have shown in a recent analysis how Green and sustainable recovery policies offer powerful advantages in spurring growth during economic downturn - boosting the creation of jobs, delivering higher short -run fiscal multipliers and leading to higher long -run cost savings. The Alameda County Green Recovery Act prioritizes the integration of environmental, social, and economic justice policies that benefit low-income disadvantaged communities, as well as the business sector. These policies will focus on reducing pollution exposure, improving air quality, and promoting equitable access to public facilities, open green spaces, safe and sanitary homes, as well as local organic food markets. This plan correctly identifies the urgency of climate change and economic recovery, which demands a reimagining of public works and market incentives. The Alameda County Green Recovery Act will build a foundation for a healthier, more equitable clean energy future for all of us. The Alameda County Green Recovery Act consists of the following policy areas and action items: 1. Clean Energy Generation, Storage and Distribution: Investing in low carbon energy production and storage infrastructure. Extending and modernizing the grid to enable higher renewable penetration as well as electrification of heat and transport. • Forward an advocacy campaign for Community Choice Aggregation (CCA) programs to become the dominant energy provider model in Alameda County to foster more locally controlled renewable energy services and provide affordable access to clean energy. 1 • Alameda county will provide incentives for the installation of energy storage technology in homes, commercial buildings, institutional buildings, and industrial facilities. Both to manage intermittent power grid energy loss and to provide on - site supplies of emergency power should the grid be compromised by climate events. • Install new types of wind and solar farms on underutilized land without endangering community valued open spaces. County leadership will collaborate closely with municipal leadership to implement renewable energy opportunities in underutilized spaces or land that is not viable for development or agriculture. 2. Building Climate -Smart Infrastructure: Investment in low and zero -carbon infrastructure projects. • Alameda County and municipal governments will provide incentives to accelerate installation of renewable energy technologies, prioritizing community microgrids to build flexibility and resilience into the energy infrastructure. Microgrid cooperatives should be able to disconnect from the main power grid during or after climate events to share locally generated energy within their neighborhoods (e.g. hospitals, police stations, fire stations and K-12 schools). • The county will build resilient, affordable, publicly owned broadband infrastructure. Internet access and communications are crucial in the wake of climate emergencies. Infrastructure grants and technical assistance will be provided for communities to build democratically controlled, co-operative, or open access broadband networks. • Bicycle infrastructure improvements can help reduce transportation -related greenhouse gas emissions by increasing the viability of bicycling as a travel mode within the community. The County will amend the 2007 Alameda County Bicycle Master Plan to prioritize bicycle infrastructure improvements that enhance residents' access to key community activity areas. These include major transit stations, schools, employment centers, neighborhood commercial centers, and downtown business districts. 3. Electric Vehicle Conversion: Promote the uptake of electric cars through financial incentives, expand fast -charging stations, and improve bike lanes to encourage wider uptake of e-bikes. • Tax credits provided for the purchase of electric vehicles, and graduated tax on the purchase of internal combustion vehicles. Vouchers should exceed the trade- in value of the internal combustion vehicles. The goal is to eliminate the sale and registration of all new internal combustion vehicles — cars, trucks, buses by 2035. 2 • Tax credits provided for installing electric charging stations in and around residential, commercial, and industrial building sites to power electric vehicles. Real estate companies and landlords owning dwellings with multiple occupants should be encouraged to install sufficient charging stations and should receive a tax credit for doing so, while escalating a tax over time for not providing the service. • Help school districts and transit agencies replace all school and transit buses with electric buses. The EPA classifies diesel exhaust as a human carcinogen, containing chemicals and air pollutants classified as hazardous under the Clean Air Act. Children on buses are exposed to concentrations of these substances that can be 5-15 times higher than background levels negatively impacting their health and performance in school. School districts will save in fuel and maintenance costs over the life cycle of the bus. 4. Reducing Industrial Emissions: Introduce financial incentives (e.g. wider carbon price floor) for industrial companies to reduce net carbon emissions and increase efficiency in production. • Alameda will aim at reducing industrial emissions 38% by 2035; and 82% by 2050. Reduce methane leak emissions by 54% by 2035; and 80% by 2050. • Partner with companies to help create world -class operations utilizing zero emissions and clean electric power generation. Implement the latest innovations in Green technologies -- When you cut emissions, you cut costs. 5. Circular Economy -- Reduce, reuse, recycle and compost: The county will move to zero waste by 2035 through the development of programs to prevent and divert waste of paper, cardboard, food, construction and demotion, glass, and plastic. Surplus produce will be diverted to food banks. • Regional manufacturing of recycled content products. Support the development of new regional manufacturing companies that will make products from paper, cardboard, and plastic waste generated in the county and region. • Building deconstruction. Create municipal ordinances that require buildings to be deconstructed instead of demolished and provide grants for one year to cover the labor cost differential between the two. • Demand for recycled content products. Develop Environmentally Preferable Purchasing programs at city, county, and state government agencies that buy products manufactured in the region from the region's waste materials and plastic films made from agricultural waste. 6. Affordable Sustainable Housing: Efficiency spending for renovations and retrofits including improved insulation, heating, and domestic energy storage systems. Higher 3 carbon standards for new homes. Financial support for households installing insulation and other energy efficient improvements. • Prioritize efficient land use to house every resident ethically and affordably through new housing production, existing housing preservation, and tenant protection: (1) producing new market -rate and affordable homes; (2) preserving existing housing that is currently affordable; and (3) protecting tenants from unaffordable rent increases and unfair evictions. The county will lead and support campaigns to address these three targets. • Weatherize homes and businesses to perform energy efficiency upgrades and lower energy bills. Alameda County will provide sliding -scale grants for low- and moderate -income families and small businesses to invest in weatherizing and retrofitting homes and businesses. • Repair and modernize public housing including making all public housing accessible, conducting deep energy retrofits of all public housing, and providing high-speed broadband access. Public housing will have quality, shared community spaces to ensure every public complex has the capacity to serve as a community resiliency center. 7. Nature -Based Solution Investments: Investment in ecosystem resilience and regeneration by enhancing green spaces, planting trees, encouraging climate - friendly agriculture and restoring carbon -rich habitats. • Promote sustainable land uses and development patterns. Pursue infill development opportunities and encourage the construction of higher -density, mixed -use projects around existing public transit infrastructure, schools, parks, neighborhood -serving retail and other critical services. Incorporate ecologically sustainable practices and materials into new development, building retrofits and streetscape improvements. In areas that are already built-up include affordable housing as a means to reduce vehicle miles traveled and greenhouse gas emissions. Facilitate walking, bicycling, and public transit use, including through mixed -use corridors and activity centers. • Require all new construction to protect and restore natural features such as waterways, creeks & wetlands in urban areas as a means of connecting residents with nature and reversing damage to natural systems. Where feasible, restore creek corridors in urban areas. Creeks currently diverted in culverts or hardened channels should be restored to their natural state. • Promote a Community Restoration Network for the county to provide practical knowledge, scientific understanding, and proven expertise to communities, while 4 meeting restoration goals through volunteer -driven, community and science -based ecological restoration projects. 8. Education and Training: Funding skills and retraining initiatives, such as investment in education and digital training to address immediate unemployment from COVID- 19 and structural decarbonization shifts. • Create proactive education campaigns for residents and businesses about the importance of meeting or exceeding state requirements for reductions in greenhouse gas emissions. • Alameda County will leverage existing partnerships to make Green industries a central priority, partnering with local job training programs and collaborating with regional colleges to train and build a Green workforce. • Focus job training and local hiring to reflect the racial and gender diversity of the community receiving investments. Procurement will prioritize minority and women - owned businesses, cooperatives and employee -owned firms, and community - owned and municipal enterprises. 9. Research and Development: Invest in high impact sustainability technology research and development that includes start-ups, small and medium-sized enterprises, and large companies. • The county will give particular attention to funding research, development, and deployment to accelerate the transition from fossil fuel -based markets to renewable energy processes and products. • In order to ensure an affordable and complete transition away from fossil fuels in the transportation sector, the county will invest in research and development to decrease the cost of electric vehicles. • Plastic film made from agricultural waste - Support research, development and commercialization of plastic film from biodegradable agricultural waste to replace plastic film made from fossil fuels. • Coordinate the UC universities and community colleges to collaborate on creating the latest Green technology innovations. With focused investments on the county level, Alameda County will pioneer the economy of the future. Alameda County Green Recovery Act will lead our region out of both the climate crisis and the economic crisis. Preparing Alameda for the Green Revolution will maintain our leadership of innovation and prosperity. 5 THE BAY AREA GREEN NEW DEAL fiteb� K 1 "Act like your house is on fire....because it is." - Greta Thunberg The Bay Area Green New Deal... The Bay Area Green New Deal calls for the swift and complete conversion to a 100 percent renewable energy system for both electricity and transport by 2030, partnered with the full de -carbonization of the economy by 2040. With focused investments on the city and county level, the Bay Area will pioneer the economy of the future. The Bay Area Green New Deal will lead our region out of the economic crisis as well as the climate crisis. The Bay Area Green New Deal is our local civic commitment to a Green economic recovery as we emerge stronger after the Covid-19 Pandemic. Preparing the Bay Area workforce for the Green era is essential to maintaining the Bay Area's leadership in innovation and prosperity. We call upon local elected leaders to correctly recognize the urgency of climate change, which demands a re -imagining of public works and market incentives. The Bay Area 1 Green New Deal aims to help build a foundation for a healthier, more equitable clean -energy future for all of us. The Bay Area will be climate neutral by 2045. To achieve this, we need to surpass the state's Greenhouse Gas Reduction targets. We must plan and prepare for the threats of climate change within our own communities -- the threats that are already here and the threats science predicts we will be facing. Bold action must be taken to reduce greenhouse gas emissions, sequester carbon, and transition to a carbon -free economy. The Bay Area Green New Deal contains ten critical policy areas. This plan is designed to evolve over time with community input and participation. It lies in the hands of Bay Area communities to support the policies that come from this document, and to strengthen it with our own creativity and expertise. 1. Clean energy and zero -carbon economy The climate crisis demands energy democracy — the transition from a centralized corporate fossil fuel economy to a clean energy system governed by local communities. Transitioning to a 100% clean energy supply by 2030 is the backbone of the Bay Area's strategy to go carbon neutral. It is essential to build sufficient clean energy generation capacity for the Bay Area's growing needs by investing in solar and wind energy opportunities. The Bay Area is ideal for solar and wind power, which offer opportunities for local economies. • Focus local governments' resources on transitioning to a 100 percent clean energy economy. All applicable departments must prepare for the clean energy economy by transitioning resources and offices historically used to facilitate fossil fuel extraction, transportation, or refining. Instead, Bay Area agencies will lead a centralized taskforce to phase out fossil fuels by expediting research, development, deployment, and technical support for polluting industries to ensure a smooth transition for workers and communities who have historically relied on fossil fuel production. This taskforce will be responsible not only for phasing out fossil fuel production on public lands and waters, but will support the end of fossil fuel production on private property as well. • The Bay Area needs Public Banking. The fight for a Bay Area Green New Deal is also the fight for Public Banks. With Municipal and public banks operating for the people instead of private shareholders, the flow of capital better reflects the values of our local communities. This can be ensured by creating public banking charters 2 based on a framework of responsibility, transparency and accountability. Through locally controlled public banks, chartered with socially and environmentally responsible mandates, we can build a public banking model to become a nationwide network of Public Banks, responsive to the needs of local communities. Public Banks would provide credit to fund public infrastructure projects and reinvest in local communities, while simultaneously reducing expenses previously incurred from extractive private banks. • The region will support the move to a California Public State Banking Model. Under the Bay Area Green New Deal we will support the State providing emergency COVID-19 relief by transferring 10% of California's Pooled Money Investment Account (PMIA) into the existing California Infrastructure Bank (IBank). It then requires the (Bank to convert into a state depository institution which can leverage funds and lend directly to cash -strapped local governments and small businesses. A California State Public Bank can offer emergency lending and credit to community banks and credit unions, rescue small businesses, and help historically marginalized communities. • Forward an advocacy campaign for Municipal Clean Energy (MCEs) non-profit agencies into every region of the Bay Area to foster more renewable and locally controlled energy services. Real estate companies and landlords owning dwellings with multiple occupants should be encouraged to install solar panels and should receive a tax credit for doing so, while escalating tax hikes over time for not providing the service. • County and municipal governments will provide tax credits and other incentives to accelerate installation of solar and where viable, wind technologies. The mix of solar and sustainable installations will prioritize neighborhood and community microgrids to build flexibility and resilience into the energy infrastructure. Microgrid cooperatives should be able to disconnect from the main power grid during or after climate events or cyberattacks to share locally generated solar and wind power within their neighborhoods. • Install new types of wind and solar farms on underutilized land. Regional leadership will collaborate closely with county and city leadership as well as the agricultural community to implement solar and wind opportunities in underutilized spaces. In addition to putting land to new use, these projects create a new source of income for farmers and ranchers that will be spent locally. Land that is not viable for development or agriculture should be home to solar development throughout the 3 Bay Area. Utilize parking lots, city land, airport, and other unused spaces for solar arrays. • Bay Area counties must provide tax credits and other incentives for the installation of energy storage technology in homes, commercial buildings, institutional buildings, and industrial facilities to provide backup power. Both to manage intermittent power grid energy loss and to provide on -site supplies of emergency power should the grid be compromised by climate events or cyberterrorist attack. • Weatherize homes and businesses to perform energy efficiency upgrades to make buildings more efficient and lower energy bills. Communities will provide sliding -scale grants for low- and moderate -income families and small businesses to invest in weatherizing and retrofitting homes and businesses. Deep weatherization retrofits will reduce residential energy consumption by 30 percent. As the Bay Area moves forward with energy efficiency efforts, the oldest, leakiest and least energy efficient homes, and the homes of seniors, people with disabilities, and low-income families will be prioritized. • Ban regional fracking. Fracking is a particularly harmful method to extract fossil fuels. They make surrounding communities less healthy and less safe. Fracking must be immediately banned. • Require fossil fuel corporations to repair leaking infrastructure, including natural gas, oil pipelines, and drilling sites. Methane from fracked natural gas is 86 times more powerful than carbon dioxide at trapping heat in our atmosphere. Hydrofluorocarbons (HFCs) can be more than a thousand times more potent than carbon dioxide. Methane leaked by the oil and gas industry each year is roughly equivalent to the amount of carbon pollution emitted each year by the US coal industry. • Require implementation of a baseline greenhouse gas (GHG) emissions inventory for both community wide and county operations, that is reviewed and adjusted on an annual basis to ensure GHG reduction goals are met or exceeded. The Inventory shall provide a GHG emissions forecast of 2020 and 2030, and beyond if needed. The GHG emissions reduction target will align with Executive Order B 55 80, committing to net zero carbon by 2045 and will include commitment to SB100, 100% zero carbon energy by 2045. • Regulate all dangerous greenhouse gases. Carbon dioxide is a very dangerous greenhouse gas, but it is not the only one we must address. Methane is 86 times 4 more powerful than carbon dioxide at trapping heat in the atmosphere, and hydrofluorocarbons (HFCs) can be more than a thousand times more powerful. • Collaboration will be needed to create proactive education campaigns for residents and businesses about the importance of meeting or exceeding state requirements for reductions in greenhouse gas emissions. • Declare a regional climate emergency. There is a climate emergency which demands a massive -scale mobilization to halt, reverse, and address its consequences and causes. This is an existential threat and the Bay Area must do whatever it takes to confront it. • Call for California to divest pensions from fossil fuels. State employees' pensions are currently invested in fossil fuels, which put their pensions at risk. California's state government must protect and grow those pension funds by instead investing in the clean energy economy. • Pressure financial institutions, universities, insurance corporations, and large institutional investors still invested or insure fossil fuels to transition those investments to clean energy bonds. We have seen a movement of activists force divestment from fossil fuel corporations, they must be supported by local governments. • To achieve these goals, Bay Area counties will promote new initiatives and innovative strategies that meet and exceed state requirements. Municipalities will participate with other jurisdictions and organizations to develop effective regional solutions and regulation at local and state levels. 2. Green jobs creation and a just transition for workers As of May 2020, there are 14 million people between the ages of 25 and 64 who are officially unemployed. In addition, there are 39 million people who are not part of that 25-64 year old Labor Force. Now that the pandemic surge is upon us and unemployment benefits will soon run out, it's a crucial time to create millions of new Green jobs. • Allocate the expenditure of city and county funds to programs, businesses, organizations, agencies, and institutions that provide greatest opportunities for green jobs with labor provisions, and climate -based solutions consistent with the urgency of the climate crisis and the need to make rapid and sustained 5 reduction in greenhouse gases consistent with targets from the Intergovernmental Panel on Climate Change. • Bay Area counties must direct actions in their general plans to transition from toxic industries to clean industries that offer good -wage jobs accessible by biking, walking and public transportation. The counties must promote a local hiring incentive or requirement. • The region will create 300,000 green jobs by 2035, and 400,000 green jobs by 2050. Increase private sector green investment in the region by $750 million by 2025, and $2 billion by 2035. • Bay Area counties must leverage existing partnerships to make Green industries a central priority, partnering with local job training programs and collaborating with regional colleges to train and build a green workforce. • New Green jobs require strong labor standards. That means all jobs created under the Bay Area Green New Deal will have family -sustaining fair wages, local hiring preferences, project labor and community agreements, including buying clean, American construction materials and paying workers a living wage to the greatest extent possible. We will improve worker and fenceline community safety standards at manufacturing and industrial plants. • Ensure a just transition for energy workers. Thousands of union, family -wage jobs will be created through the Bay Area Green New Deal. Steel and auto manufacturing, construction, energy efficiency retrofitting, coding and server farms, renewable power plants will all be booming in the Green economy. Workers transitioning into new job sectors should be guaranteed job placement assistance, relocation assistance, and pensions based on their previous salary. Workers requiring training for a different career path will receive vocational job training with certain expenses provided. • Protect the right of all workers to form a union without threats or intimidation from management. We will work with the trade union movement to establish a sectoral collective bargaining system that will work to set wages, benefits, and hours across entire industries, not just employer -by -employer. Unions not only ensure that workers receive fair pay and benefits, they fight to ensure that workers, first -responders, and fence -line communities are safe and healthy. • Invest in workers and de -industrialized communities' economic development. Counties with more than 35 qualifying workers should be eligible for targeted economic development funding to ensure job creation in the same communities that 6 will feel the impact of the transition most. Other eligible projects include drinking and waste water infrastructure, broadband, and electric grid infrastructure investments. • Bay Area communities will call upon the philanthropic community's participation -- doubling the federal mandate in which private philanthropies give away 10% annually of their endowments instead of 5%. Doing so for just three years would pump an additional $200 billion into the economy. This will be used to create green entrepreneur accelerators to support workers who want to start new businesses and create green jobs. 3. Clean transportation The Bay Area will grow by over two million people by 2038. As populations grow, rising housing costs push lower income families to the suburbs, creating sprawl that puts pressure on our open spaces and increases commuting by automobiles. Transportation is the largest single source of air pollution in the Bay Area. Without transforming our transportation system, the Bay Area cannot become climate neutral. Transforming this system requires strategic implementation of accessible alternatives to driving cars. A goal of the Bay Area Green New Deal is to transition to 100% electric vehicles by 2030 and to build public transit that is affordable, accessible, fast, resilient, and that fits communities' needs. • Expand the green transportation network by encouraging the use of climate -friendly technology, planning growth around multiple modes of travel and reducing automobile reliance. In addition to promoting improved public transit, partner with private developers to undertake region -wide improvements that make active modes of travel, such as walking and bicycling, more comfortable and preferable options. Establish an energy efficient fleet management and operation practices. • Enhance regional transportation systems to reduce the impacts of single -occupancy vehicle travel. Our region must ensure transit -oriented development, focus economic development near housing or transit, reduce vehicle miles traveled and promote equitable access to jobs and services, especially for disadvantaged communities. It is also essential to strengthen the urban limit line, and preserve lands along the line. • Increase public transit ridership by 65 percent by 2030. We will ensure that reliable, affordable public transit is accessible for seniors, people with disabilities, 7 and rural communities. In addition to expanding transit service to communities, we will promote transit -oriented development to link this service to popular destinations and vital community services. We will help discourage long car commutes, congestion, and dangerous emissions. The Bay Area Green New Deal will reverse these trends and create more livable, connected, and vibrant communities. • Increase the percentage of all trips made in the region by walking, biking, and micro -mobility or matched rides to at least 35% by 2025; 50% by 2035; and maintain at least 50% by 2050. Reduce Vehicle Miles Travelled (VMT) per capita by at least 13% by 2025, 39% by 2035, and 45% by 2050. • Vehicle trade-in program. Families with conventional cars will be able to access an additional incentive for trading -in for an electric vehicle. We will expand on the program and make it stronger by requiring even higher efficiency and make it available predominately to cars manufactured in the U.S. • Tax credits provided for the purchase of electric vehicles, and graduated tax hikes should be imposed on the purchase of internal combustion vehicles. Vouchers should exceed the trade-in value of the internal combustion vehicles. The goal is to eliminate the sale and registration of all new internal combustion vehicles — cars, trucks, buses by 2035. • Electric vehicle charging infrastructure. In order to ensure that no one is ever stranded without the ability to charge their vehicle, the Bay Area will ensure that new EV stations are open access and interoperable between all payment systems. Under our plan, drivers will no longer need to worry about where to charge their car or if they can pay for it. • Tax credits provided for installing electric charging stations in and around residential, commercial, and industrial building sites to power electric vehicles. Real estate companies and landlords owning dwellings with multiple occupants should be encouraged to install sufficient charging stations and should receive a tax credit for doing so, while escalating tax hikes over time for not providing the service. • Counties must help school districts and transit agencies replace all school and transit buses with electric buses. The EPA classifies diesel exhaust as a human carcinogen, and this exhaust contains over 40 different chemicals and air pollutants that are classified as hazardous air pollutants under the Clean Air Act. Children on buses are exposed to concentrations of these substances that can be 5-15 times higher than background levels negatively impacting their health and 8 performance in school. Once older buses are replaced with clean electric buses, school districts will save in fuel and maintenance costs over the life cycle of the bus. • Encourage telecommuting options through public outreach with new or existing employers, as appropriate and modeled by County policies that encourage telecommuting whenever feasible. Work with existing shuttle service providers to coordinate services with other forms of transit, special events and work centers. Encourage home offices, live work sites and satellite work centers in appropriate locations. • Coordinate ride -sharing programs to provide up-to-date lists of potential riders and to educate the public on commuting options. Encourage the development of employer -funded vanpool and shuttle bus services to new employment centers. Encourage employer provision of information on alternative modes of transit. Encourage employers to offer flex -time arrangements to their employees in order to reduce travel during peak hours. • Promote the development of a regional high-speed rail. Many other developed nations have advanced high speed rail systems to give travelers a meaningful affordable alternative to car travel between cities and counties. High-speed rail has not been embraced in the United States because we have not built the political mobilization needed to demand the funding needed to complete this clean transportation vision. Together, we will create the movement needed to push for the development of a high-speed rail system, regionally and beyond. 4. Clean Air, Water and Waste Water is life. Clean water is a human right. Water pollution in the Bay Area comes in the form of dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. Water quality standards are not met in over half of California's 3 million acres of lakes, bays, wetlands and estuaries. Under the Bay Area Green New Deal, we aim to replace lead pipes, clean up hazardous waste sites, and reduce toxic air and water pollution from oil, gas, and coal. Those benefiting the most will be communities of color and low-income families in the region who today endure disproportionate exposure to toxins. 9 Clean air is a human right. A combination of three factors are the cause of unhealthy levels of air pollution in our region: the activities of over 8 million people, mountainous terrain that traps pollution, and a climate that helps form ozone and other pollutants. We must be tenacious about improving the quality of air our communities breathe. • The Bay Area must upgrade all water systems, sewage systems, and storm water drains by 2030 to be resilient to climate -induced storms and floods that threaten public health. In preparation for drought and other climate events, water storage systems (e.g. cisterns) must be established across the region to provide emergency backup access to water. • County Clean Water Revolving Fund programs must be developed, along with a new grant program to help households install, repair, replace, and upgrade septic and drainage fields. Where necessary, counties and school districts will refurbish public schools water systems during Covid19 quarantine and summer recess. • Where applicable, cities should ensure public oversight and local control by re -municipalization of all water -related systems that have been privatized over the years. • Better groundwater management for urban, rural, and agricultural areas is needed in the region. More than 40 percent of Californians rely on groundwater for part of their water supply, creating dangerous water overdrafts. We must encourage the transition from groundwater wells to surface water use and extend mandatory groundwater monitoring and reporting plans. • Reuse water, adapt to water scarcity: Recycle 100% of waste water for beneficial reuse by 2035. Source 70% of all water locally by 2035. Source 70% of the Bay Area's water locally and capture 250,000 acre ft/yr (AFY) of stormwater by 2035. Build at least 10 new multi -benefit stormwater capture projects by 2025; 100 by 2035; and 200 by 2050. Reduce potable water use per capita by 22.5% by 2025; 25% by 2035; and maintain or reduce 2035 per capita water use through 2050. Install or refurbish hydration stations at 200 sites, prioritizing municipally -owned buildings and public properties such as parks, by 2035. • Require new development and significant remodels to reduce the waste of potable water through the use of efficient technology, recycled water plumbing (purple pipe), and conservation efforts that minimize the region's dependence on imported water and conserve groundwater resources. 10 • The region must eliminate legacy pollution from toxic waste sites, remediating lead in paint and pipelines, ensuring safe wastewater and water systems in low income communities and communities of color. • Cleaning up existing hazardous waste and abandoned sites. Develop funding for point source (i.e. any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack) and nonpoint source management programs (i.e. nonpoint source pollution includes excess fertilizers, herbicides and insecticides from agricultural lands and residential areas; Oil, grease and toxic chemicals from urban runoff and energy production, sediment from improperly managed construction sites). • Reduce waste: Increase landfill diversion rate to 90% by 2027; 95% by 2035; and 100% by 2050. Reduce municipal solid waste generation per capita by at least 15% by 2030, including phasing out single -use plastics by 2028. Eliminate organic waste going to landfill by 2028. Increase proportion of waste products and recyclables productively reused and/or repurposed in the Bay Area to at least 25% by 2025; and 50% by 2035. Find feasible alternatives to plastic packaging and single -use food containers. • Clean air is a human right: The Bay Area will have zero days of unhealthy air quality by 2028. Reduce industrial emissions by 38% by 2035; and 82% by 2050. Reduce methane leak emissions by 54% by 2035; and 80% by 2050. • Enforce the Clear Air and Water Acts on large factory farms and ensure all farmers have access to the tools and resources they need to address pollution. Industrial animal feeding operations, and the millions of pounds of untreated waste they create, are a major source of air pollution and driver of climate change. The region will end the weak oversight of factory farms. 5. Sustainable agriculture Sustainable agriculture is farming in sustainable ways, which means meeting society's present needs, without compromising the ability for current or future generations to meet their needs. It is based on an understanding of ecosystem services. The Bay Area Green New Deal strives to support a safe and sustainable local food supply, and to connect consumers with local farms and healthy foods. We aim to invest in family farms and rural communities -- not corporate ownership. We also aim to expand and incentivize community gardens and community supported agriculture. 11 • Bay Area communities will move towards 100% organic certification by 2035. The region will deploy plans to phase out petro-chemical agriculture and introduce organic and renewable ecological practices, while boosting regional agricultural production for local markets over a 15-year period. Counties should provide subsidies and incentives to encourage a speedy transformation. • Transition to organic farming. Create a grant program to help farmers transition their land to new organic farmers. As Conservation Reserve Program (CRP) contracts end, we will help connect these farmers with new organic farmers who want to continue rigorous conservation practices on a working landscape. • Preserve and expand farmers' markets, and explore opportunities to expand access to fresh, healthy, local foods within our region. Ensure the long-term stability of our existing farmers markets to allow communities in the region to depend on fresh, local foods and places to purchase them. Support job creation by expanding opportunities for small farmers and ranchers to reach local markets more often and in broader geographical areas. • Increase efforts to process agricultural products locally, addressing gaps in the agricultural supply chain. When products are shipped away to be stored and processed, our economy loses out on revenue, additional greenhouse gasses are emitted and our local communities are less likely to benefit from keeping good, wholesome foods local. • Preserve the region's limited agricultural lands for local food production, ensuring the long-term viability of these lands for local and sustainable food production. Develop collaborative marketing with local organizations to create funding streams for projects to support local food production. Also encourage community gardens in empty lots and new developments in order to maximize both local food production and community engagement. • Incentivize community ownership of farmland. One of the barriers to being able to choose a career in ecologically regenerative farming is the cost of acquiring farmland. We want communities to be able to join together to own farmland to help people grow our local, ecologically regeneratively produced food and help solve the climate crisis. • Incentivize farmers to develop ecologically regenerative farming systems that sharply reduce emissions; sequester carbon; and heal our region's soils, forests, and prairie lands. Pay farmers to keep carbon in the soil. Counties will provide incentives and subsidies to farmers for soil health improvements they make and for 12 the carbon they sequester, which both mitigates climate change and helps farmers adapt to it. • Adopt farmland mitigation programs aimed at preserving farmland while giving agricultural landowners the opportunity to recover equity in their property without developing it. These should be coordinated among localities so as to create a level playing field and prevent developers from playing one jurisdiction against its neighbors. Local Agency Formation Commissions (LAFCOs) can help do this by adopting their own policy of requiring cities to mitigate farmland loss as a condition of annexation. • End exclusions for agricultural workers in labor laws. We must ensure farmworkers have the right to overtime pay, strong safety protections, and the right to collectively bargain. Currently, farm workers are exempt from many labor laws that other workers have benefitted from for years. Farming is a dangerous and demanding profession. We need to protect these workers as we do others. • Establish a victory lawns and gardens initiative to help urban, rural, and suburban communities transform their lawns into food -producing or reforested spaces that sequester carbon and save water. • Incentivize schools to procure locally produced foods. Institutional purchasing can be a huge boost to local producers and build local farm economies. Counties will give a meal incentive for schools that acquire at least 30 percent of their food from local sources. 6. Affordable sustainable housing The Bay Area is facing an enormous housing crisis. Working and middle -income families can no longer afford to own a home, renters face rising costs that force them to move further from their jobs and communities, and growing numbers of unhoused people live on our streets. This crisis has been building for decades and has spread to moderate -income households. The largest impacts are felt by communities of color, people with disabilities, formerly incarcerated people, low -wage immigrants, transgender and gender -non -conforming people, and those with the lowest incomes. The fight for housing justice is inextricably linked to the fight for racial, economic and environmental justice. A focus of the Bay Area Green New Deal will be on expanding affordable and sustainable housing opportunities for low-income frontline communities, 13 and developing housing that people and the planet can afford. Under the Bay Area Green New Deal, we will end homelessness by 2028. • Housing is affordable if it costs no more than 30% of one's income. People who pay more than this are considered "cost burdened". Those who pay more than 50% are "severely cost burdened." Affordable housing generally means affordable to lower -income people with incomes at or below 80% of area median income (AMI). Affordable rental housing programs target lower -income people, while affordable homeownership programs target people making up to 120% of AMI. • Prioritize efficient land use and house every resident ethically and affordably through new housing production, existing housing preservation, and tenant protection: (1) producing new market -rate and affordable homes; (2) preserving existing housing that's currently affordable; and (3) protecting tenants from unaffordable rent increases and unfair evictions. The region will lead and support campaigns to address these three targets. • All new development will uphold the principle that people must be able to live where they work. Increase cumulative new housing unit construction to 150,000 by 2025, and 275,000 units by 2035. Ensure 57% of new housing units are built within 1,500 feet of transit by 2025, and 75% by 2035. Create or preserve 50,000 income -restricted affordable housing units by 2035 and increase stability for renters. Creation of a sustainable carbon -neutral public housing index of 400,000 units. Cities and counties ratio determined by population size. • Reduce environmental impacts of housing development by promoting infill, mixed use development, and alternative housing. Infill housing involves the insertion of additional housing units into already -approved subdivisions or neighborhoods, provided as additional units built on the same lot or as new residential lots by further subdivision or lot line adjustments. Mixed -use zoning or planning blends residential, commercial, cultural, institutional, and entertainment uses into one space, where those functions are integrated while providing pedestrian connections. Alternative housing will involve, for example, townhomes, apartments, tiny homes, abandoned buildings. • Reduce energy consumption by promoting sustainable land uses and development patterns. Pursue infill development opportunities and encourage the construction of higher -density, mixed -use projects around existing public transit infrastructure, schools, parks, neighborhood -serving retail and other critical services. Incorporate ecologically sustainable practices and materials into new 14 development, building retrofits and streetscape improvements. In areas that are already built-up include affordable and deeply affordable housing, as a means to reduce vehicle miles traveled and greenhouse gas emissions, and facilitate walking, bicycling, and transit use, including through mixed -use corridors and activity centers. • Retrofitting public and commercial buildings. All public buildings must meet new standards by 2025. All existing residential and commercial buildings reduce greenhouse gas emissions by 40 percent below 1990 levels by 2030 and be zero net energy before 2040. All new residential buildings must be at zero net energy by 2025 and new commercial buildings be zero net energy by 2030. Local municipal governments will mandate and finance the transition of all public and commercial property to green zero -emission assets and infrastructure by 2027, using procurement to boost green businesses. • Introducing generous tax credits and deductions, grants, and low interest loans to encourage the retrofitting of the county's residential, commercial, industrial, and institutional building stock. The conversion from gas and oil heating to electric heating by renewable energy from the grid will bolster resilience to climate -related disruptions. Additional supplementary tax credits, deductions, grants, and low interest loans should be extended to low and middle income rental properties and homeowners to encourage retrofits. 7. Social justice for frontline communities The Bay Area Green New Deal calls upon county and city officials to engage and provide technical assistance to populations and communities most impacted by pollution to promote meaningful involvement of these communities in environmental and land use decision making. It is an unfortunate reality that institutional racism also impacts environmental health, and thus the public health and safety of millions of low-income families, people of color, and tribal communities. African American and Latinx communities deal with 56 percent and 63 percent more air pollution, respectively, than they create. We will abide by the United Nations Declaration on the Rights of Indigenous Peoples and ensure the free, prior and informed consent by Indigenous Peoples. The Bay Area Green New Deal must serve to address modern and historical inequities, environmental racism, and will follow Environmental Justice principles. • Respect indigenous sovereignty. Commit to upholding regulations in a way that strengthens tribal sovereignty and ensures tribal consent on projects involving land in which tribes own even a fractional interest. Commit to early and ongoing 15 consultation with tribes to identify and work to appropriately mitigate or address concerns regarding infrastructure projects. • Protect cultural and sacred sites. Work with local Native American tribes to protect recorded and unrecorded cultural and sacred sites and to educate developers and the community at large about the connections between Native American history and the environmental features of our local landscape. • Invest in organization partnerships with a green focus on low income neighborhoods. The fewer resources people in our communities have, the more vulnerable they are to the impacts of climate change. As the region transitions to greener solutions and a greener economy, we must work to create opportunities for low income communities to participate from the start. The Bay Area must step up to support and bolster existing efforts that invest in low income communities and create more economic stability for low income families. • Prioritizing disadvantaged communities. The region will prioritize Green business opportunities in the most disadvantaged communities and provide appropriate training for new employment opportunities that come with scaling -up green infrastructure. Generous tax credits, grants, low -interest loans, and other incentives to upgrade all public health services should be prioritized to the poorest communities facing public health risks brought on by climate change. Update permitting rules that currently allow polluters to target poor communities for polluting infrastructure. Cumulative environmental impacts will be measured and we will require polluters to remediate them. Precaution for the health and safety of our children and planet should be valued above profit. • Enact equitable tax laws. To ensure a more fair and just society, more equitable tax laws should be enacted in the Bay Area that reduce the vast disparity between the super -rich and the rest of the population, with the revenues accrued being used to advance the transition categories that make up the new Green economy. • California state recovery resources will fund environmental equity in a manner that prioritizes reversing the factors creating disproportionate health suffering in low income communities, immigrant communities, and communities of color that have historically faced underinvestment and discriminatory policies. • Focus job training and local hiring to reflect the racial and gender diversity of the community receiving investments. Procurement will prioritize minority and women -owned businesses, cooperatives and employee -owned firms, and community -owned and municipal enterprises. 16 • Follow the Principles of Environmental Justice adopted at the First National People of Color Environmental Leadership Summit. The goals and outcomes of the Bay Area Green New Deal should continue to be developed under the Jemez Principles for Democratic Organizing with strong and consistent consultation with the communities most affected by the current unequal enforcement of environmental laws. 8. Ecosystem restoration and conservation Ecosystem restoration is the process of assisting in the recovery of ecosystems that have been degraded, damaged, or destroyed and focused on establishing the ecological processes necessary to make terrestrial and aquatic ecosystems sustainable, resilient, and healthy under current and future conditions. Restoration will help to control erosion, improve water quality, repair habitats, and provide other benefits to people and the environment. Under the Bay Area Green New Deal, the region will focus on restoring ecosystems through land preservation, afforestation, and (citizen) science -based projects. • Integrating Traditional Ecological Knowledge of Indigenous Tribes and native communities into emerging ecosystem management models. A primary goal of ecosystem restoration under the Bay Area Green New Deal will be to develop and use tools of ecological restoration to enhance the survival of indigenous people and their cultures, and to incorporate the Traditional Ecological Knowledge of Indigenous tribes and native communities into newly emerging models of sustainable (agro-) ecosystem management. • Protect, restore and preserve our wetland, riparian, and aquatic systems. Identify and create an inventory of riparian habitats, vernal pools, waterways, shorelines, wetlands, sloughs, and green infrastructure, and promote conservation, preservation and stewardship of these aquatic systems. Monitoring aquatic systems and preparing reports on findings to government authorities, to improve decision -making. • Promote a Community Restoration Network for the region to provide practical knowledge, scientific understanding, and proven expertise to communities, while meeting restoration goals through volunteer -driven, community and science -based ecological restoration projects. 17 • Require all new construction to protect and restore natural features such as waterways, creeks & wetlands in urban areas as a means of connecting residents with nature and reversing damage to natural systems. Where feasible, restore creek corridors in urban areas. Creeks currently diverted in culverts or hardened channels should be restored to their natural state. • Protect, restore and preserve our natural spaces, hillsides and vistas. Identify and create an inventory of areas in the region with significant natural habitat, open space and recreation resources and promote conservation, preservation and environmental rehabilitation of these lands. Work with property owners to acquire or dedicate those lands that could be preserved as open space. • Develop hillside development guidelines that will ensure construction activities retain natural vegetation and topography and minimize grading of hillside. Minimize soil depletion and prevent erosion. • Prohibit and eradicate the use of invasive plant species such as broom and ivies, especially adjacent to wetlands, riparian areas, or other sensitive habitat. Require landscaping that replaces turf grass with native species, incorporating drought -tolerant plants and sustainable maintenance practices and standards. Plant rain gardens to absorb rainwater running off roofs or asphalt. • Restoring ecosystems through afforestation. Provide trees on residential and mixed -use neighborhoods. Ensure a 3 to 1 replacement of all trees removed. Plant trees to shade county buildings, businesses and residential homes to reduce energy use and sequester carbon. Plant 90,000 trees by 2025. • Bay Area counties will provide tax credits and other incentives to reforest and rewild marginal land to capture and sequester CO2 from the atmosphere and serve as carbon capture sinks. • Require green infrastructure such as impervious surfaces to reduce stormwater runoff and provide swales and retention basins. 9. Climate adaptation and emergency planning In the Bay Area, we must become a collective of Climate -Resilient Communities, for our own economic and material survival. Under the Bay Area Green New Deal, we will strengthen community and natural environment resilience through climate adaptation 18 and emergency planning efforts. Each county will name and address climate action explicitly, and will incorporate Climate Action Plan goals and strategies within their General Plans. The region will incorporate climate adaptation and resilience strategies into all relevant policies to protect environmental quality, as well as public health and safety, with a focus on disadvantaged communities. • Identify all infrastructure, particularly industrial infrastructure at risk of floods, seismic and/ or liquefaction risk, and enhanced wildfire risk due to climate change. Require needed safety upgrades identified in hazard mitigation assessment and emergency preparedness policies and procedures and hold public meetings to discuss these plans and ensure widespread understanding and confidence in these plans. • Rebuild the region's crumbling infrastructure. In order to remain resilient to the climate impacts we know are coming, we must repair our crumbling infrastructure. Dangerously outdated infrastructure is not ready to withstand impacts like floods, hurricanes, or wildfires. Under the Bay Area Green New Deal, the region will also promote legislation and campaigns to rebuild any aging infrastructure. • Retrofit our public infrastructure to withstand climate impacts. Beyond repairing our existing crumbling infrastructure, we must ensure that our public highways, bridges and water systems are ready for climate impacts we know are coming. The region will invest in our roads, bridges, and water infrastructure to ensure it is resilient to climate impacts, and to ensure that all new infrastructure built over the next 10 years is also resilient. • Create a regional jurisdiction -wide program for mitigating greenhouse gas emissions and vehicle miles traveled that incentivizes carbon sequestration, zero -emission buildings and vehicles, soil building agricultural activities, and natural based shoreline adaptation measures and social resilience. • Tax credits and other incentives must be provided for the installation of energy storage technology in homes, commercial buildings, institutional buildings, and industrial facilities to provide backup power — both to manage intermittent power grid energy across and to provide on -site supplies of emergency power should the grid be compromised by climate events or cyberterrorist attack. • Build resilient, affordable, publicly owned broadband infrastructure. Internet access and communications are key in the wake of a disaster. In order to ensure that communities get the help they need, the region will provide infrastructure grants and technical assistance for municipalities and counties to build publicly 19 owned and democratically controlled, co-operative, or open access broadband networks. This communications infrastructure will ensure first responders and communities are ready to deal with the worst climate emergencies. • Repair and modernize public housing including making all public housing accessible, conducting deep energy retrofits of all public housing, and providing access to high-speed broadband. We will also ensure that public housing has quality, shared community spaces to ensure every public housing complex has the capacity to serve as a community resiliency center. • Increase funding for firefighting to deal with more frequent and severe wildfires. In order to be able to quickly and effectively respond to wildfires, the region will expand the wildfire restoration and disaster preparedness workforce. The region will increase funding for firefighting to deal with the increased severity and frequency of wildfires. Under the Bay Area Green New Deal, we will facilitate community evacuation plans that include people experiencing homelessness, and increase social cohesion for rapid and resilient recovery from climate impacts to avoid the use of martial law and increased policing in disaster response. • Protect community cohesion. Our disaster response should ensure that to the extent possible, families are able to return to their home communities. The region will ensure that recovery and rebuilding efforts make affected communities stronger than they were before any disasters so they are more resilient to deal with a potential next disaster. 10. Research and development The Bay Area must substantially increase research and development in all of the areas that accompany the transformation into green technologies of the Green Industrial Revolution. The science is clear that the entire global economy must decarbonize by 2050 at latest if we hope to stave off the worst impacts of climate change. We must be extremely careful to ensure that as we do this, we make sure that domestic manufacturing and clean economy industries thrive. The state and Bay Area region have an obligation and an economic opportunity to be a leader in developing and deploying the clean technological solutions that will solve climate change. • Every level of governance should give particular attention to funding research, development, and deployment to accelerate the transition from fossil fuel -based markets to renewable energy processes and products. 20 • Explore the expansion of potential technologies built around renewable energy production, for example, Wave Energy (power generated by ocean waves), Tidal Energy, and GeoThermal. • Explore technological development and research to dramatically decrease the cost of energy storage and meet daily and long term reliability needs. The aim is also to decrease the cost of daily cycling storage resources in order to reliably and affordably replace all coal and natural gas plants that serve as backup on the grid. • In order to ensure an affordable and complete transition away from fossil fuels in the transportation sector, the region will invest in research and development to decrease the cost of electric vehicles. • Invest in decarbonizing the shipping and aviation industries as soon as possible. The counties must identify and commercialize technologies to ensure the region is able to fully decarbonize as soon as possible, but by no later than 2050. Counties will collaboratively fund an effort to research technologies to fully decarbonize industry, aviation, maritime shipping and transportation. • To prevent an outsized impact on the environment from harvesting raw materials, the region will build wind turbines, solar panels, new cars, and batteries with as many recycled materials as possible. Counties will establish a "take back" program to require large corporations that produce goods with the materials needed for this clean energy transition to pay to take those goods back from consumers who no longer want them to establish a region -wide materials recycling program. • The region will invest in research to develop new, region -appropriate farming techniques and seeds. In order to respond to climate change and heal the environment, we will need to invest in non -chemical intensive practices and seed varieties that are tailored to each region's climate and soil. • Provisions to fund and promote programs in our state and U.C. universities and colleges towards environmental sustainable research and development, including educational and vocational curriculums. 21 In order for bold climate action to be at the center of local conversation, Bay Area citizens and communities must come to the table and advocate for it. If you support the policy priorities outlined in the Bay Area Green New Deal, here are several important steps you can take to make them a reality. Ensure the creation and implementation of the Green New Deal is accessible to people with disabilities and non-English speakers. All publications will be in multiple languages, including Braille, and meetings will have language interpreters, including sign language, as appropriate. Endorse the plan and tell your elected officials that you support it. Email your City Council members and other regional leadership with letters of support for the Bay Area Green New Deal. Tell them why it matters to you and how climate change affects you. Remind your elected officials that this is the issue of our time, and that you are paying attention to if and how they show up to the conversation. Share the plan, and invite authors to present it to your group, class, event, neighborhood, or organization. Help share these ideas far and wide with your social circles. Show it to someone new. Post one of the policy ideas in this document to social media and invite others to weigh in. Keep the conversation alive. Organize a group to hear more about the plan, and invite authors to engage in continued dialogue about it. Participate in Council and Climate Action Commission meetings to voice support. When policy issues related to this plan come to the any Bay Area City Council and Climate Action Commission agenda, your voice matters. Show up to speak on items related to climate action. Tell your policymakers directly why this matters and how it 22 affects you. Build community support for policy initiatives that help us reach our goals. Demand bold action. Make the plan even stronger. Now that you've read the plan, you may have your own ideas about making climate action a reality in the Bay Area. Help strengthen this movement by sharing your insights, experience, and expertise related to the policy areas outlined in this plan. Keep connecting the ideas outlined in this document to local organizations, initiatives, and more. Register to vote, and vote for green thinkers in 2020. Progress is only possible with political will. Don't settle for candidates that are not committed to bold climate action. Register now, and vote in every single election, like this world depends on it. In order to create and implement the policies that move us forward into and beyond 2026, green leaders need to be at the table. 23 The City of Dublin's Green Economic Recovery Act We are in a climate crisis. We are in an economic crisis. Recognizing the urgency of climate change and understanding the need for transitioning to a Green economy, the city of Dublin will help lead the economy of the future. With smart policies creating job growth and sustainability, the City of Dublin will emerge stronger out of the COVID-19 pandemic. We will maintain our region's leadership of innovation and prosperity, with focused planning and investments on the city and county level. Structural transformation requires us to direct resources to previously disinvested neighborhoods, lifting up front-line voices, and restoring a safe and healthy environment for all to enjoy. Dublin will take bold action to shape a more just and sustainable future. Recovery from the pandemic requires leadership to set a collective vision grounded in community. Now is a time for the creativity and community empowerment. When cities lead, we can transform society. Cities set the agenda and drive momentum for larger legislative change. We will use the following direct levers of power within municipal control: • Inclusive mixed -use zoning and land use integrated with transportation planning — Guarantee vibrant and resilient communities through zoning and land use decisions. • Green municipal purchasing, procurement and contracting — Use shared wealth to enhance local green economy and jobs, source sustainably, and shape industry standards. • Public employment benefits and economic stability — Ensure fair hiring standards, racial justice training, employment programs to anchor shared prosperity and economic mobility. • Municipal assets and public infrastructure — Invest in resilient public infrastructure (e.g. parks, schools, public housing, city vehicles, roads and sidewalks, and utilities) • Participatory budgeting and investments — Bring affected communities into deciding what to fund and how to invest city assets, support creation of public banks for fair funding access. • Local regulation fees — Generate resources to address harmful market externalities (e.g. vacant units, excessive waste or water use, predatory short-term rentals, traffic congestion). • Local legislation and regulations — Enact local ordinances to protect public health and welfare (e.g. living wage ordinances, wetlands protection ordinances). • Financial, permitting and land use incentives — Examples include tax abatements or fast - tracked permits, e.g. onsite resiliency measures, local hiring, affordable commercial spaces. • Advocacy for state and federal action — Reform and shape the direction of state and federal plans through a unified agenda set by regional city partners representing community interests. 1 The Dublin Green Economic Recovery Act consists of the following policy areas and action items: 1. Accelerating decarbonization: reach citywide carbon neutrality by 2040, 100% percent sustainable electricity by 2035, and net -zero municipal buildings by 2030. • Increase the adoption of renewable heating and cooling technologies. • Require all new buildings to be net -zero carbon. • Advocate through a California Climate Mayors' Purchasing Collaborative to ensure funds are earmarked for electrification of public transportation systems. • Revisit Community Choice Aggregation during periodic electricity contract negotiations with the utility to increase the default percent coming from renewables. When feasible, consider making the default 100 percent renewable, with an "opt -out" option. • Enact a ban on construction of new natural gas infrastructure to protect resident health. • Advocate for statewide legislation promoting 100 percent renewable energy and the creation of funding pools to help cities achieve that goal. 2. Comprehensive Justice Audit and Framework: analyze municipal processes (hiring, decision -making, leadership, budgets, communications), and receive community feedback on access to government services and barriers to justice. • Resources to support language access and assistive technology for people with a communications disability must be timely and expanded. • Institute racial and social justice training for city employees and ensure employees have a safe and accountable office to raise concerns. • Set up a Racial and Social Justice Policy Review Committee to analyze municipal legislation, executive orders, and budget allocations for their justice impacts. • Formalize interdepartmental communications to ensure city processes, policies and plans align and work towards shared justice goals. • Create a visible online platform and mechanisms for real-time feedback on how the City can adapt its operations, policies and programs to equitably serve the community. • Advocate at the state level for the passage of environmental and racial justice legislation to enshrine the proactive protection of communities under state law. 3. Clean Energy Financing: issue Green Municipal Bonds earmarked to accelerate the installation of solar and efficiency measures, and ease upfront costs for private property owners to install energy efficiency upgrades or convert to renewable energy by opting into the state Property Assessed Clean Energy (PACE) program. • Research the potential for municipal utilities, which removes the profit incentive to restrict the availability of more affordable, renewable energy services. 2 • Pass an ordinance requiring medium and large buildings to publicly post their energy efficiency "grade", a program similar to publicly posted inspection grades. • Build a coalition of large institutions and facilities (e.g. hospitals, business parks) within the city and region to discuss ways to enhance implementation of decarbonized district energy solutions, renewable procurement and energy efficiency upgrades. 4. Green Workforce Development: ensure local green jobs with good wages and benefits, worker protection, and accessible workforce development pathways. Design programs with active engagement of organized labor and workers centers. Collaborate and learn from existing jobs training programs, and local green companies and industries. • Implement hire -local requirements for city climate resiliency, sustainability and energy efficiency projects. • Create a jobs training program to foster collaboration between youth and local nonprofits or businesses that implement resiliency projects. • Pass an ordinance to ban use of Criminal Offender Record Information (CORI) records to determine eligibility for local jobs programs, educational training, licensing, and housing. • Institute Community Workforce Agreements for municipal resiliency projects to ensure more residents benefit from work experience in sustainable construction and planning. 5. Divest or Reinvest in a Climate -Just Future: reflect long-term prosperity and sustainability values for public investments and use municipal power to shift investments away from harmful industries to companies that help create a more socially and climate -just city. • Screen municipal insurance policyholders for fossil fuel and other investments not meeting socially responsible standards and divest when these standards are not met. • Explore creation of a municipal bank which will provide low -interest loans to local small businesses and community -based resilience projects. 6. City Climate Workforce: provide year-round employment and training to address important climate infrastructure needs. This Workforce will work to improve the quality of open spaces, climate resilience, weatherization of older buildings, zero waste infrastructure such as composting and reuse, and community engagement. • Expand an city arts program that trains residents in interactive art, murals, sculpture and public beautification. • Partner with social justice and community -based organizations to pilot eco-districts. • Provide technical and logistical assistance to local garden exchange and reuse programs. • Plant native species and raise native pollinators to restore local ecosystems while ensuring the preservation of local species that are best adapted to this area. 3 7. Renters' Right to Counsel: Establishing legal representation for renters would protect against unwarranted or potentially illegal evictions. Such programs have been shown to double the number of families who retain occupancy while saving public dollars overall. • Advocate for state legislation to implement municipal rent stabilization policies. • Institute an Empty Homes tax for units left vacant more than six months. • Revisit Just Cause Eviction legislation to curb no-fault evictions. • Advocate for a Tenant's Bill of Rights at the state level. 8. Just and Resilient Development: Aligning private development with equity and resiliency goals and designate zoning overlay districts for affordability with anti -displacement protections to support sustainable development of healthy and accessible housing. • Implement structural changes to the Zoning Board of Appeals to require expertise in climate change and environmental protection, and urban planning. • Create an independent planning board and city departments subject to oversight and accountability, charging the city planning department with undertaking a true citywide master planning process to update the zoning code to match community needs. • Mandate that any private development receiving tax breaks or other public incentives detail the environmental and climate justice costs and benefits of the proposed project, including pollution, affordability and transit impacts. 9. Climate Resilient Infrastructure: Investment in low and zero -carbon infrastructure projects. • Collaborate with the US Green City Bonds Coalition to pursue green municipal bonds for large-scale climate resilient infrastructure investments. • Institute a local excess waste fee to fund a municipal reuse and recycling center to repurpose construction materials, office items, electronics and household materials. • Hire resilience liaisons to propose and coordinate climate -resilient infrastructure and development upgrades across relevant municipal departments. 10. Transportation Justice — Multimodal Infrastructure & Fare -free Transit: improve accessibility and reliability of multimodal transportation options through the regulation of street infrastructure and allocation of public space for roadways and sidewalks. • Institute transit impact fees for new development that are collected in a citywide fund and used to finance equitable, multi -modal transportation improvements across the city. • Improve existing bike lanes with protective infrastructure and link up unconnected lanes. • Plan for car -free districts and days to promote biking and walking in cultural districts and smaller commercial areas. 4 • Determine if congestion pricing can address local and regional transit inequities. • Regulate operation of delivery trucks to reduce congestion and emissions. • Implement vehicle miles traveled (VMT) fees for ride -hailing services to curb empty ride - hail driving and idling. • Expand transit service to include late -night hours, which disproportionately benefits service workers, students, low-income residents and residents of color. • Advocate at the state level for rapid electrification of public transit vehicles and sustainable financing mechanisms. 11. Equitable Small Business Recovery: leverage municipal contracting to anchor local wealth -building by committing to equity and diversity contracting goals supported by technical assistance grants and city staffing. • Introduce a formula retail ordinance to regulate chain stores in commercial districts. • Partner with commercial property owners to facilitate the reuse of vacant buildings and business spaces. • Identify barriers to local procurement and implement a small-business equity procurement strategy for municipal contracts as well as a procure -local requirement for municipal sub -contractors. • Craft guidelines for sustainable workplace options including transit passes, flexible hours, work -from -home schedules with area business councils and advocacy organizations. 12. Food justice — Good Food Purchasing & Urban Agriculture: Universal access to nutritious food is fundamental for public health, and economic opportunity, as well as social resiliency in the face of climate change and natural disasters. The pandemic has exposed and exacerbated severe food insecurity among low income residents and some immigrant communities. • Incentivize creation of urban agriculture and public activation spaces on privately owned land through tax incentives for temporary uses or zoning incentives for permanent uses. • Contract out to nonprofit organizations that are skilled in connecting local farmers with markets and corner stores to provide an accessible first stop for fresh, local food. • Expand infrastructure for composting and anaerobic digestion of organic waste. • Expand zoning permissions and approvals to allow for easier creation of both private and community gardens. • Conduct outreach and enrollment assistance for SNAP and other nutrition assistance programs at community centers and health centers to increase uptake by residents. 5 13. Greening the City: Encourage the planting of trees in our communities. Create programs for families and young people to make small forestry investments in their city. • Pass a Heritage Tree ordinance that protects trees above a certain diameter and age. Removal of a Heritage Tree on public or private land can either be subject to a public hearing or, in certain cases, banned outright with commensurate fines for violations. • Bring together the city's electric utility providers and local nonprofits focused on city greening to scope out the viability of a utility -sponsored planting program on private property to reduce energy (see Sacramento's partnership program). • Explore mechanisms for incentivizing tree planting and protection on existing business, commercial and industrial properties through programs like City Forest Credits. • Partner with state agencies and local horticultural and landscaping employers to support creation of a "Roots to Re -Entry" training program for residents transitioning back into their communities from incarceration to gain greenspace management and horticultural skills. • Consider the benefits and liabilities of planting fruit trees in public spaces, including the increased management such trees would need. 6 8.1 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Introduction to Fallon -East Property Planning and Development Framework Prepared by: Amy Million, Principal Planner and John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a report on a proposed Fallon -East Property Planning and Development Framework. The City Council has identified in their Two -Year Strategic Plan the objectives of establishing an economic development zone to prioritize commercial and industrial development east of Fallon Road, and working with area property owners in conjunction with the Dublin Boulevard Extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. This report represents the initial step for this effort. STAFF RECOMMENDATION: Receive the report and provide initial feedback on the Fallon -East Property Development Framework. FINANCIAL IMPACT: None. DESCRIPTION: Background The City Council identified in their Two -Year Strategic Plan the objectives of establishing an economic development zone to prioritize commercial and industrial development east of Fallon road, and working with area property owners in conjunction with the Dublin Blvd. extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. This report represents the initial development of a framework to guide this work over the course of the next three to five years. There are seven parcels totaling 291 acres that which are subject to this planning effort. These seven parcels have six separate property owners, as depicted on Table 1. Page 1 of 5 Packet Pg. 358 8.1 Situated along the designated right-of-way for the future Dublin Boulevard Extension, these properties represent one of the last large land tract development opportunities within Eastern Dublin. Table 1 below provides an overview of these properties, while Figure 1 provides a map highlighting their locations in comparison to Fallon Road, 1-580, and the Jordan Ranch and Croak Properties and their current land use designations. Table 1: Property Overview Name Acreage Land Use Density Branaugh 9.7 30.5 40.2 Acres Medium Density Residential, Industrial Park 6.1-14 du/acre 0.25-0.8 FAR (0.28 FAR avg.) - EBJ Partners 1.1 Acres General Commercial/Campus Office 0.2-0.8 FAR (0.28 FAR avg.) GH PacVest (formerly Anderson) 7.0 34.2 6.1 50.3 Acres Medium Density Residential, General Commercial/Campus Office, Open Space 6.1-14 du/acre 0.2-0.8 FAR (0.28 FAR avg.) - GH PacVest (formerly Chen) 4.0 72.1 1.5 2.5 7.2 35.8 140.1 Acres Medium High Density Residential, General Commercial, General Commercial/Campus Office, Semi -Public, Community Park, Open Space 14.1-25 du/acre 0.2-0.6 FAR (0.25 FAR avg.) 0.2-0.8 FAR (0.28 FAR avg.) - - - Monte Vista 9.3 acres Industrial Park 0.25-0.8 FAR (0.28 FAR avg.) Pleasanton Ranch Investments 0.4 Acres General Commercial/Campus Office 0.2-0.8 FAR (0.28 FAR avg.) Righetti 9.6 18.2 21.5 49.6 Acres Medium Density Residential, General Commercial/Campus Office, Industrial Park 6.1-14 du/acre 0.2-0.8 FAR (0.28 FAR avg.) 0.25-0.8 FAR (0.28 FAR avg.) TOTAL 291 Acres Page 2 of 5 Packet Pg. 359 8.1 Figure 1 Property Overview 01MWr4MMEAMW■;MIE;■_. _cdomv I-580 Pleasanton Ranch nvestments EBJ Partners ■ ■ el Monte Vista In 2005, the City Council approved a Planned Development Zoning with a Stage 1 Development Plan (PD Ordinance No. 32-05) for these properties. The adopted PD zoning was consistent with the land use designations included in the General Plan and Eastern Dublin Specific Plan. A Supplemental EIR relating to the Stage 1 Development Plan was certified by the City Council in 2005 (Resolution No. 222-05). Table 2 below details the approved development capacities for each property under the Stage 1 Development Plan and associated Supplemental EIR. Table 2: Current Development Capacit Name Residential (units) Non -Residential Commercial (SF) Employment Capacity Branaugh 97 Units 372,002 SF 631 employees EBJ Partners - 13,416 SF 35 employees GH PacVest (formerly Anderson) 70 Units 417,131 SF 1,083 employees GH PacVest (formerly Chen) 130 Units 1,010,810 SF 2,126 employees Monte Vista - 113,430 SF 192 employees Pleasanton Ranch Investments - 4,879 SF 13 employees Righetti 96 Units 487,872 SF 1,030 employees TOTAL 393 Units 2,419,540 SF 5,110 employees For reference, the Eastern Dublin Specific Plan anticipated a total of 12,496 housing units and 10.8 million square feet of commercial space at buildout. For these undeveloped properties, the remaining development capacity under the Eastern Dublin Specific Plan includes approximately 393 residential units and approximately 2.4 million Page3of5 Packet Pg. 360 8.1 square feet of commercial uses. Landowner Vision Over the past year, the City has been holding discussions with some of the larger landowners of these properties to better understand their vision for developing their properties. Generally, the landowners wish to maintain the existing land uses under the Eastern Dublin Specific Plan, with any potential land use changes being minor in scope and taking place closer to Fallon Road, in order to ensure the uses of the properties east of Fallon are cohesive but also cognizant of the development potential the market will provide. However, the landowners seek to add flexibility in the land use and zoning regulations to allow for a diverse mix of employment -generating uses to meet anticipated market demand, including: Research and Development Light Industrial Logistics Delivery Services Office While many of these employment -generating uses are supported by the existing land uses designations, there are instances, such as those solely shown as General Commercial, where this is not the case. One potential approach to addressing this would be to create a new land use designation that offers more flexibility, such as a hybrid land use designation that would allow for both industrial and certain commercial uses. This approach would create the flexibility desired by the landowners while supporting the City's goal for these properties to develop with economic and job -rich developments. A mixed industrial and commercial land use designation could allow for a wide variety of minimum -impact, light industrial uses as well as commercial uses which are compatible with the over-all character and economic health of the industrial area. It is envisioned that the maximum floor area ratio would increase to accommodate development. Table 3 below details the development potential with a new mixed industrial and commercial land use designation. The residential areas remain consistent with the existing land use designations. The development potential is shown in a range to reflect the various ways the property could development (i.e. 100% commercial, 100% industrial, 50% commercial and 50% industrial, more commercial with some industrial, and more industrial with some commercial). Table 3: Potential Capacity with Mixed Industrial/Commercial Land Use Designation Name Residential (units) Industrial/Commercial (SF)1 Employment Capacity2 Branaugh 97 Units 325,074 - 531,432 SF 610 - 966 employees EBJ Partners - 11,979 - 19,166 SF 22 - 35 employees GH PacVest (formerly Anderson) 70 Units 372,438 - 595,901 SF 677 - 1,083 employees GH PacVest (formerly Chen) 130 Units 986,634 - 1,578,614 SF 1,794 - 2,870 employees Page 4 of 5 Packet Pg. 361 8.1 Monte Vista - 101,277 - 162,043 SF 184 - 295 employees Pleasanton Ranch Investments - 4,356 - 6,969 SF 8-13 employees Righetti 96 Units 435,600 - 696,960 SF 792 - 1,297 employees TOTAL 393 Units 2,237,358 - 3,591,085 SF 4,087 - 6,559 employees 1Assumes development of commercial is .25 FAR and industrial is .40 FAR. 2Assumes 550 SF/employee based on average of Industrial Park (590) and General Commercial (510) For reference, the City's existing industrial base, located predominately along Scarlett Court and Sierra Court, maintains approximately 4,000 employees. Future Partnerships with Landowners The development of these parcels presents an opportunity for the City and the property owners to identify ways to partner to facilitate the construction of and associated mitigations for the Dublin Boulevard Extension. The property owners have expressed an early interest in being involved in the permitting and mitigation discussions. Final designing of the Dublin Boulevard Extension will begin in October and is anticipated to take 24 months, however right of way acquisition and environmental permitting may take longer. Staff estimates the earliest construction activity would begin would be in mid-2023. This lead time presents an opportunity to align future grading activities for the Dublin Boulevard Extension with any preliminary grading activities needed for the properties. Next Steps This report provides the City Council with the first opportunity to provide feedback on the development of the Fallon -East properties. Staff will return to the City Council in October with a second report outlining a conceptual Economic Development Zone program and CEQA approach for this potential development. STRATEGIC PLAN INITIATIVE: Strategy 5. Large Land Tract Development and Open Space: Objective A. Look to Establish an Economic Development Zone to prioritize commercial and industrial development east of Fallon Road. Objective B. Work with the area property owners in conjunction with the Dublin Blvd. extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. th, City anager 91812020 Page5of5 Packet Pg. 362 1/ DUBLIN CALIFORNIA Item 8.1 Introduction to Fallon -East Property Planning and Development Framework Part September 15,2020 Background • Two -Year Strategic Plan Strategy & Objectives: — Look to establish an Economic Development Zone...east of Fallon Road — Work with area property owners in conjunction with Dublin Blvd. extension project... • This report represents the initial step for this effort. — City Council to receive the report and provide initial feedback on the proposed development framework Property Overview & Capacity • Approximately 292 acres of undeveloped land. — Existing land uses are predominately General Commercial, Campus Office, Industrial Park. • Some residential uses: Medium Density, Medium High Density along northern border of properties. • Some areas of designated Open Space, Community Park. —Development capacity includes: • 393 residential units • 2.4M square feet of non-residential commercial • 5,153 employment capacity DUBLIN D Property Overview, 2 Investments LandownerVision • Staff has been meeting with landowners of the larger properties. — Desire to maintain existing land uses under EDSP. — Any potential land use changes to be minor in scope, taking place closer towards Fallon Road. • Desire for land use and zoning flexibility to allow for a diverse mix of employment generating uses like: — Research and Development — Light Industrial — Logistics — Delivery Services — Office DUBLIN Potential Approach • Existing land use designations support many of these employment generating uses, except certain instances within General Commercial. • To remedy this, the City could create a hybrid land use designation to allow for both industrial and certain commercial uses. — Would achieve flexibility desired by property owners. — Would achieve city's goal to develop economic and job -rich developments DUBLIN Development Potential Under Approach • Range of development under this approach could yield the following: — 393 units of housing (assumes no changes) — 2.3-3.61V1 SF of Industrial/Commercial SF — 4,100-6,600 employees • For reference: City's existing industrial base maintains approximately 4,000 employees. Future Partnerships • Development of these lands provides an opportunity to partner in facilitating the construction of and associated mitigations for the Dublin Blvd. Extension. • Design for Dublin Blvd. Extension slated to start in October and take 24 months to complete. • Lead time presents opportunity to align future roadway grading with preliminary grading activities for these properties. Recommendation and Next Steps • Staff is requesting Council feedback and discussion on this approach. • Staff will return in October with a second report outlining a conceptual I-i:conomic Development Zone Program and C h:QA approach for this potential development. September 15, 2020 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the September 15, 2020, Regular City Council meeting agenda packet. Item 8.1 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 8.1: Fallon -East Framework Additional Information Item 8.1 "Introduction to Fallon -East Property Planning and Development Framework" includes a background discussion on the various parcels and property owners directly east of Fallon Road. During the preparation of this item, staff inadvertently omitted one 1.25-acre parcel located adjacent to the I- 580/Fallon Interchange westbound off -ramp. The property overview, current development capacity, and potential capacity with mixed industrial/commercial land use designation information for this parcel is included in the updated tables below: Table 1: Property Overview Name Acreage Land Use Density Alameda 1.25 Acres General Commercial 0.2-0.6 FAR (0.25 FAR Avg.) Branaugh 9.7 30.5 40.2 Acres Medium Density Residential, Industrial Park 6.1-14 du/acre 0.25-0.8 FAR (0.28 FAR avg.) - EBJ Partners 1.1 Acres General Commercial/Campus Office 0.2-0.8 FAR (0.28 FAR avg.) GH PacVest (formerly Anderson) 7.0 34.2 6.1 50.3 Acres Medium Density Residential, General Commercial/Campus Office, Open Space 6.1-14 du/acre 0.2-0.8 FAR (0.28 FAR avg.) - GH PacVest (formerly Chen) 4.0 72.1 1.5 2.5 7.2 35.8 140.1 Acres Medium High Density Residential, General Commercial, General Commercial/Campus Office, Semi- Public, Community Park, Open Space 14.1-25 du/acre 0.2-0.6 FAR (0.25 FAR avg.) 0.2-0.8 FAR (0.28 FAR avg.) - - - Monte Vista 9.3 acres Industrial Park 0.25-0.8 FAR (0.28 FAR avg.) Pleasanton Ranch Investments 0.4 Acres General Commercial/Campus Office 0.2-0.8 FAR (0.28 FAR avg.) Righetti 9.6 18.2 21.5 49.6 Acres Medium Density Residential, General Commercial/Campus Office, Industrial Park 6.1-14 du/acre 0.2-0.8 FAR (0.28 FAR avg.) 0.25-0.8 FAR (0.28 FAR avg.) TOTAL 292.25 Acres IP ffr DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM Table 2: Current Development Capacity Name Residential (units) Non -Residential Commercial (SF) Employment Capacity Alameda - 21,780 SF 43 Employees Branaugh 97 Units 372,002 SF 631 employees EBJ Partners - 13,416 SF 35 employees GH PacVest (formerly Anderson) 70 Units 417,131 SF 1,083 employees GH PacVest (formerly Chen) 130 Units 1,010,810 SF 2,126 employees Monte Vista - 113,430 SF 192 employees Pleasanton Ranch Investments - 4,879 SF 13 employees Righetti 96 Units 487,872 SF 1,030 employees TOTAL 393 Units 2,441,320 SF 5,153 employees Table 3: Potential Capacity with Mixed Industrial/Commercial Land Use Designation Name Residential (units) Industrial/Commercial (SF)1 Employment Capacity2 Alameda - 13,613 - 21,780 SF 25-40 employees Branaugh 97 Units 325,074 - 531,432 SF 610 - 966 employees EBJ Partners - 11,979 - 19,166 SF 22 - 35 employees GH PacVest (formerly Anderson) 70 Units 372,438 - 595,901 SF 677 - 1,083 employees GH PacVest (formerly Chen) 130 Units 986,634 - 1,578,614 SF 1,794 - 2,870 employees Monte Vista - 101,277 - 162,043 SF 184 - 295 employees Pleasanton Ranch Investments - 4,356 - 6,969 SF 8-13 employees Righetti 96 Units 435,600 - 696,960 SF 792 - 1,297 employees TOTAL 393 Units 2,250,971- 3,612,865 SF 4,112 - 6,599 employees 'Assumes development of commercial is .25 FAR and industrial is .40 FAR. 2Assumes 550 SF/employee based on average of Industrial Park (590) and General Commercial (510)