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*September 18, 2018 Agenda Packet
September 18, 2018 Dublin City Council Agenda Page 1 of 5 REGULAR MEETING Tuesday, September 18, 2018 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A • Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov) • Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650. • A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. CLOSED SESSION 5:30 P.M. I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager II. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Councilmembers Goel and Thalblum Unrepresented employee: City Manager III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 6543 Regional Street, Dublin, California Agency negotiator: Christopher L. Foss, City Manager Negotiating parties: SCS Development, Inc Under negotiation: Price and terms of payment IV. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Recognition of Green Gator Swim Team and Junior Green Gator Swim Team The City Council will present a Certificate of Recognition and 2019 Wave Waterpark passes to the Green Gator Swim Team and Junior Green Gator Swim Team in recognition of their successful 2018 swim season. STAFF RECOMMENDATION: Present the Certificate of Recognition. 3.2. Community Spotlight: Certificate of Recognition for Tri-Valley Haven The City Council will present a "Community Spotlight" certificate of recognition to Tri- Valley Haven in recognition of their continued contributions to the Dublin community. STAFF RECOMMENDATION: Present the certificate. 3.3. Introduction of Dublin Police Services' Sergeant Gurvinder Gosal The recent retirement of a Sergeant created an open supervisor position within Dublin Police Services. Sergeant Gurvinder Gosal was selected to fill this position and will be introduced to the City Council. September 18, 2018 Dublin City Council Agenda Page 2 of 5 STAFF RECOMMENDATION: Welcome Dublin Police Services’ Sergeant Gurvinder Gosal. 3.4. Employee Introduction: Katie Wolfenberger The City Council will be introduced to Katie Wolfenberger, Office Assistant II for the Community Development Department. STAFF RECOMMENDATION: Welcome City of Dublin Staff member. 3.5. Report on Dublin Police Services' Pink Patch Project The City Council will receive a report on the participation of Dublin Police Services in the Pink Patch Project. The Pink Patch Project is an innovative public awareness campaign designed to bring attention to the fight against breast cancer and support breast cancer research organizations. Dublin Police will support the Pink Patch Project by wearing pink Dublin Police patches during the month of October, which is breast cancer awareness month. Pink Dublin Police patches are also being sold to the public and staff with all proceeds going to the HERS Breast Cancer Foundation of Pleasanton/Fremont. STAFF RECOMMENDATION: Receive the report. 3.6. Tri-Valley - San Joaquin Valley Regional Rail Authority Presentation on the Valley Link Project The City Council will receive a presentation from Tri-Valley - San Joaquin Valley Regional Rail Authority staff on the Valley Link Project. This Project will provide a connection between BART and ACE in the Tri-Valley. STAFF RECOMMENDATION: Receive Tri-Valley - San Joaquin Valley Regional Rail Authority staff presentation on the Valley Link Project and provide feedback. 3.7. 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. Approval of the September 4, 2018 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the September 4, 2018 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the September 4, 2018 Regular City Council meeting. 4.2. Memorandum of Understanding with the Livermore Amador Valley Transit Authority for the Shared Autonomous Vehicle Testing Project in Dublin The City Council will consider approving a Memorandum of Understanding with the Livermore Amador Valley Transit Authority (LAVTA) for the upcoming Shared Autonomous Vehicles (SAV) Testing Project in Dublin. LAVTA is the lead on the implementation of this Project. September 18, 2018 Dublin City Council Agenda Page 3 of 5 STAFF RECOMMENDATION: Adopt the Resolution Approving a Memorandum of Understanding Between the City of Dublin and the Livermore Amador Valley Transit Authority for the Shared Autonomous Vehicle Testing Project in Dublin. 4.3. 2018 Development Agreement Review The City Council will receive a report on the annual review of active Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code. STAFF RECOMMENDATION: Adopt the Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements. 4.4. Memorandum of Understanding for St. Raymond CYO at Stager Community Gymnasium The City Council will consider approving a Memorandum of Understanding (MOU) between the City of Dublin and St. Raymond CYO for the use of Stager Community Gymnasium. STAFF RECOMMENDATION: Adopt the Resolution Approving the Memorandum of Understanding between the City of Dublin and St. Raymond CYO. 4.5. Notice of City Engineer’s Pending Decision on the Final Map for Tract 8413 Boulevard Neighborhood 7 The City Council will receive a notification of the City Engineer’s pending approval of the Final Map for Tract 8413 Boulevard Neighborhood 7. STAFF RECOMMENDATION: Receive the notification. 4.6. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from August 1, 2018 - August 31, 2018 totaling $14,763,832.82. STAFF RECOMMENDATION: Receive the report. 4.7. Water Efficient Landscape Ordinance (PLPA-2018-00018) State Law requires local agencies to adopt the State of California Model Water Efficient Landscape Ordinance or adopt their own Ordinance that is at least as effective in conserving water as the State’s Ordinance. The City of Dublin has prepared a Water Efficient Landscape Ordinance that is based on the current State Model Ordinance. Minor modifications have been made to the Model Ordinance to address the specific needs of Dublin while remaining at least as effective in conserving water as the State’s Model Ordinance. The City Council will consider adopting this Ordinance. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Deleting Dublin Municipal Code Chapter 8.88 Relating to Water-Efficient Landscaping Regulations and Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations. 4.8. Revision to the Personnel System creating a Public Works Maintenance Superintendent Classification. The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are based on the need to revise the City’s Classification Plan, Salary Plan, Benefit Plan, and Management Leave and Benefit Plans. September 18, 2018 Dublin City Council Agenda Page 4 of 5 STAFF RECOMMENDATION: Adopt the Resolution Amending the Classification Plan; adopt the Resolution Amending the Salary Plan for Management Positions Exempt from Competitive Service; adopt the Resolution Amending the Benefit Plan; and adopt the Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions. 4.9. Shelter Crisis Declaration The City Council will consider adopting a Resolution declaring a Shelter Crisis to allow Dublin to participate in future grant programs. STAFF RECOMMENDATION: Adopt the Resolution regarding Declaration of a Shelter Crisis. 4.10. Second Reading of Ordinance Amending the Dublin Municipal Code regarding City Councilmembers' Salaries The City Council will consider adopting an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers following certification of the November 2018 General Municipal election. The first reading of this ordinance was held at the September 4, 2018 Regular City Council meeting. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council. 4.11. Waive Reading and Introduce Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code At the June 5, 2018 meeting, the City Council directed the City Attorney to review the City’s Conflict of Interest Code and make a determination by October 1, 2018 if there is a need to amend the Conflict of interest Code. The City Attorney has conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. STAFF RECOMMENDATION: Waive the reading, and INTRODUCE an Ordinance Amending the City’s Conflict of Interest Code, and direct Staff to file the 2018 Local Agency Biennial Notice with the Fair Political Practice Commission (“FPPC”). 4.12. Adoption of Amendments to Chapter 5.100 (Parks and Recreation Areas and Facilities) and Adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to Restrict the Operation of Unmanned Aircraft Systems At the September 4, 2018 City Council Meeting, the City Council took action to adopt the Ordinance related to the regulation of unmanned aircraft systems; however, due to a discrepancy in the Ordinance between the first reading and second reading, the City Council is again being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Amending Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the flying of unmanned aircraft systems within City limits. 5. WRITTEN COMMUNICATION - NONE. 6. PUBLIC HEARING - NONE. September 18, 2018 Dublin City Council Agenda Page 5 of 5 7. UNFINISHED BUSINESS 7.1. Update on Economic Development Efforts in Downtown Dublin The City Council will receive an update on the City’s economic development efforts to support and enhance Downtown Dublin, which includes a report from the Urban Land Institute’s Technical Assistance Panel. STAFF RECOMMENDATION: Receive the report and approve the proposed Work Plan. 8. NEW BUSINESS – NONE. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 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, and fosters new opportunities. Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Recognition of Green Gator Swim Team and Junior Green Gator Swim Team Prepared by: Micki Cronin, Asst. Director of Parks and Community Servicesces EXECUTIVE SUMMARY: The City Council will present a Certificate of Recognition and 2019 Wave Waterpark passes to the Green Gator Swim Team and Junior Green Gator Swim Team in recognition of their successful 2018 swim season. STAFF RECOMMENDATION: Present the Certificate of Recognition. FINANCIAL IMPACT: The costs of The Wave Waterpark passes will be absorbed in the current approved budget. DESCRIPTION: The Green Gator Swim Team finished the season in first place at the Tri-Valley Swim League championship swim meet on July 21, 2018. The Green Gator Swim Team also completed the season with a dual meet record of 7-0. The Green Gator Swim Team has been the league champion for the past four seasons with a 31-dual meet winning streak. During this year's championship swim meet, five team records and three league records were broken. The Junior Green Gator Swim Team program had another successful year. This team is a non-competitive program and practices three days per week. They host two exhibition swim meets to track participant process. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. 3.1 Packet Pg. 6 Page 2 of 2 ATTACHMENTS: None. 3.1 Packet Pg. 7 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Community Spotlight: Certificate of Recognition for Tri-Valley Haven Prepared by: Suzanne Iarla, Management Analyst II EXECUTIVE SUMMARY: The City Council will present a "Community Spotlight" certificate of recognition to Tri- Valley Haven in recognition of their continued contributions to the Dublin community. STAFF RECOMMENDATION: Present the certificate. FINANCIAL IMPACT: None. DESCRIPTION: In an effort to highlight the benefits of non -profit agencies that serve the Dublin community, the City Council will present a "Community Spotlight" certificate of recognition to Tri-Valley Haven in recognition of their contributions to the Dublin community by providing resources for adults and children in the Tri-Valley who have experienced domestic violence, sexual assault, homelessness or hunger. This year, Tri-Valley Haven received two Human Services Grants from the City to support their Domestic Violence Services Program (including the phone Crisis Line and a Domestic Violence Shelter) and their Homeless and Family Support Service programs (including the family shelter and food pantry). NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Tri-Valley Haven Community Spotlight Certificate 3.2 Packet Pg. 8 CERTIFICATE OF RECOGNITION Given to TRI-VALLEY HAVEN in recognition of their continued contributions to the Dublin community. Presented by the City Council of the City of Dublin Dated: September 18, 2018 Mayor David G. Haubert Vice Mayor Melissa Hernandez Councilmember Abe Gupta Councilmember Arun Goel Councilmember Janine Thalblum 3.2.a Packet Pg. 9 Attachment: 1. Tri-Valley Haven Community Spotlight Certificate (Tri-Valley Haven Community Spotlight) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Introduction of Dublin Police Services' Sergeant Gurvinder Gosal Prepared by: Schmidt, Nate, Dublin Police Services Captain EXECUTIVE SUMMARY: The recent retirement of a Sergeant created an open supervisor position within Dublin Police Services. Sergeant Gurvinder Gosal was selected to fill this position and will be introduced to the City Council. STAFF RECOMMENDATION: Welcome Dublin Police Services’ Sergeant Gurvinder Gosal. FINANCIAL IMPACT: None. DESCRIPTION: The recent retirement of a Sergeant created an open supervisor position within Dublin Police Services. After an extensive vetting process, Sergeant Gurvinder Gosal was selected to fill this open position. Sergeant Gosal was hired by the Alameda County Sheriff’s Office in January of 2000. He has worked at numerous duty stations including the Santa Rita Jail, Airport Police Services, the Eden Township Substation Patrol Division and for the Eden Township Substation Gang Suppression Unit as a detective. In 2015, Sergeant Gosal was promoted to his current rank and was assigned to supervise a security team at Santa Rita Jail. I n March of 2016, Sergeant Gosal was chosen to return to the Eden Township Substation as a Patrol Supervisor. Sergeant Gosal has also been a member of the Alameda County Sheriff's Office Special Response Unit for the past 10 years. 3.3 Packet Pg. 10 Page 2 of 2 Sergeant Gosal is fluent in the Punjabi language and has a vast amount of law enforcement knowledge. From his experience as a detective to his tactical experience with the Special Response Unit, Sergeant Gosal is a great addition to the Dublin Police Services team and will do a great job supervising DPS staff. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.3 Packet Pg. 11 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Employee Introduction: Katie Wolfenberger Prepared by: Luke A. Sims, Community Development Director EXECUTIVE SUMMARY: The City Council will be introduced to Katie Wolfenberger, Office Assistant II for the Community Development Department. STAFF RECOMMENDATION: Welcome City of Dublin Staff member. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will be introduced to a new City Staff member, Katie Wolfenberger, Office Assistant II for the Community Development Department. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.4 Packet Pg. 12 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Report on Dublin Police Services' Pink Patch Project Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will receive a report on the participation of Dublin Police Services in the Pink Patch Project. The Pink Patch Project is an innovative public awareness campaign designed to bring attention to the f ight against breast cancer and support breast cancer research organizations. Dublin Police will support the Pink Patch Project by wearing pink Dublin Police patches during the month of October, which is breast cancer awareness month. Pink Dublin Police patches are also being sold to the public and staff with all proceeds going to the HERS Breast Cancer Foundation of Pleasanton/Fremont. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: Dublin Police Services is proud to announce its official partnership with the Pink Patch Project. The Pink Patch Project is a collaborative effort between public safety agencies throughout the nation to bring attention to the fight against breast cancer and to support breast cancer research organizations in combating this devastating disease. The program centers on vibrant pink versions of the public safety officer’s uniform patch. These bright pink patches have been specially designed by each participating agency specifically for the Pink Patch Project campaign. Dublin Police staff have designed a unique pink patch to complement the Dublin Police uniform and will be wearing these patches on their regular uniforms for the entire month of October for “Breast Cancer Awareness Month.” 3.5 Packet Pg. 13 Page 2 of 2 The pink patches are intended to stimulate conversation with the community and to encourage public awareness about the importance of early detection and the on -going fight against the disease. Each public safety agency collaborating in the Pink Patch Project campaign has partnered with a cancer research organization or support group in their respective community. Dublin Police have chosen to partner with HERS Breast Cancer Foundation of Pleasanton/Fremont. The unique pink Dublin Police patches will be sold to both staff and the public with all proceeds going to HERS Breast Cancer Foundation. Patches are currently being sold at the front counter of the Dublin Police Station as well as at Special Events such as the Farmers' Market and Splatter. Dublin Police would like to thank the Alameda County Deputy Sheriff’s Association for supporting this project by funding the cost of the pink patches. We would also like to thank Adamson’s Police Products for donning and doffing our patches during this project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.5 Packet Pg. 14 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Tri-Valley - San Joaquin Valley Regional Rail Authority Presentation on the Valley Link Project Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will receive a presentation from Tri-Valley - San Joaquin Valley Regional Rail Authority staff on the Valley Link Project. This Project will provide a connection between BART and ACE in the Tri-Valley. STAFF RECOMMENDATION: Receive Tri-Valley - San Joaquin Valley Regional Rail Authority staff presentation on the Valley Link Project and provide feedback. FINANCIAL IMPACT: None. DESCRIPTION: In the 2017 legislative session, Governor Brown signed AB 758 (Eggman/Baker) establishing the Tri-Valley - San Joaquin Valley Regional Rail Authority (Authority) effective January 1, 2018, for planning and constructing a cost -effective and responsive rail connection between BART and ACE in the Tri-Valley. The Authority is overseen by a 15-member Board. At the July 25, 2018 Board meeting, the Authority approved a Valley Link Project concept that will connect BART at the East Dublin/Pleasanton Station with the ACE Station at North Lathrop in the first phase, and then to ACE and Amtrak Station at Stockton in the second phase. This connection is proposed to be accomplished through a single-track Diesel Multiple Unit (DMU) rail system. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 3.6 Packet Pg. 15 Page 2 of 2 ATTACHMENTS: None. 3.6 Packet Pg. 16 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the September 4, 2018 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the September 4, 2018 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the September 4, 2018 Regular City Council meeting. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will consider approval of the minutes of the September 4, 2018 Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Draft Minutes of the September 4, 2018 Regular City Council Meeting 4.1 Packet Pg. 17 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – SEPTEMBER 4, 2018 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING SEPTEMBER 4, 2018 Closed Session 6:30 P.M. I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney II. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Councilmembers Goel and Thalblum Unrepresented employee: City Attorney 1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:10 p.m. by Mayor Haubert. The pledge of allegiance was recited by the City Council, Staff, and those present at the meeting. Attendee Name Title Status David Haubert Mayor Present Melissa Hernandez Vice Mayor Present Arun Goel Councilmember Present Abe Gupta Councilmember Present Janine Thalblum Councilmember Present 2. Report on Closed Session – Mayor Haubert stated that there was no reportable action. 3. Oral Communications 3.1. Recognition of Dublin Robotics Club The City Council presented a Certificate of Recognition to the Dublin Robotics Club. 3.2. Proclamation for National Suicide Prevention Awareness Month, September 2018 The City Council presented the proclamation recognizing September 2018 as National Suicide Prevention Awareness Month. 3.3. Splatter 2018 Event Preview The City Council received the preview of Splatter 2018. 4.1.a Packet Pg. 18 Attachment: 1. Draft Minutes of the September 4, 2018 Regular City Council Meeting (Draft Minutes of the September 4, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING SEPTEMBER 4, 2018 3.4. Public Comment Doug Mann provided public comment. Shawn Costello, Dublin resident, provided public comment. 4. Consent Calendar Cm. Goel recused himself from Item 4.3. 4.1. Approved the minutes of the August 21, 2018 Special and Regular City Council meetings. 4.2. Waived the reading and INTRODUCED the Ordinance Amending Dublin Municipal Code Section 2.08.020 and providing for an Increase in the Salary for Members of the City Council. 4.4. Conducted the public hearing, deliberated, and waived the reading and INTRODUCED an Ordinance Deleting Dublin Municipal Code Chapter 8.88 relating to Water-Efficient Landscaping Regulations and Adopting a New Chapter 8.88 relating to Water-Efficient Landscaping Regulations. 4.5. Waived the second reading and adopted ORDINANCE NO. 05 – 18 AMENDING CHAPTER 5.100 (PARKS AND RECREATION AREAS AND FACILITIES) AND ADDING CHAPTER 5.116 (UNMANNED AIRCRAFT SYSTEMS) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE TO RESTRICT THE OPERATION OF UNMANNED AIRCRAFT SYSTEMS PLPA-2018-00019 4.6. Adopted RESOLUTION NO. 98 – 18 ADOPTING THE 2018 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Janine Thalblum, Councilmember AYES: Goel, Gupta, Haubert, Hernandez, Thalblum 4.1.a Packet Pg. 19 Attachment: 1. Draft Minutes of the September 4, 2018 Regular City Council Meeting (Draft Minutes of the September 4, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING SEPTEMBER 4, 2018 4.3. Adopted RESOLUTION NO. 99 – 18 APPROVING A MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENT INSTALLATION WITH MOBILITIE, LLC RESULT: ADOPTED [4-0] MOVED BY: Abe Gupta, Councilmember SECOND: Melissa Hernandez, Vice Mayor AYES: Gupta, Haubert, Hernandez, Thalblum ABSTAIN: Goel 5. Written Communication – None. 6. Public Hearing 6.1. Valley Christian Center: Planned Development Zoning Amendment and Site Development Review Permit (PLPA-2014-00052) Pastor Roger Valci, Applicant/Lead Pastor at Valley Christian Center, made a presentation and responded to questions posed by the City Council. The Mayor opened the public hearing. The City Council agreed to continue the public hearing to the October 2, 2018 Regular City Council meeting. RESULT: CONTINUED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Melissa Hernandez, Vice Mayor AYES: Goel, Gupta, Haubert, Hernandez, Thalblum 7. Unfinished Business – None. 8. New Business – None. 9. Other Business – Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 4.1.a Packet Pg. 20 Attachment: 1. Draft Minutes of the September 4, 2018 Regular City Council Meeting (Draft Minutes of the September 4, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING SEPTEMBER 4, 2018 By consensus, the City Council asked Staff to provide a report on the City’s emergency preparedness procedures. By consensus, the City Council asked Staff to present a year-end report on The Wave. 10. Adjournment The meeting was adjourned at 8:07 p.m. in honor of Staff Sgt. Sean Diamond, and all of our fallen troops. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 21 Attachment: 1. Draft Minutes of the September 4, 2018 Regular City Council Meeting (Draft Minutes of the September 4, 2018 Regular Meeting) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Memorandum of Understanding with the Livermore Amador Valley Transit Authority for the Shared Autonomous Vehicle Testing Project in Dublin Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider approving a Memorandum of Understanding with the Livermore Amador Valley Transit Authority (LAVTA) for the upcoming Shared Autonomous Vehicles (SAV) Testing Project in Dublin. LAVTA is the lead on the implementation of this Project. STAFF RECOMMENDATION: Adopt the Resolution Approving a Memorandum of Understanding Between the City of Dublin and the Livermore Amador Valley Transit Authority for the Shared Autonomous Vehicle Testing Project in Dublin. FINANCIAL IMPACT: The City Council has approved CIP ST0519 (Intelligent Transportation System Upgrade) for the Fiscal Year 2018/19. This CIP has adequate funding for the City to participate in the implementation of the Shared Autonomous Vehicles Testing Project. This CIP also provides local match funding for the Metropolitan Transportation Commission's grant supporting the implementation of this Pro ject. There is no impact to the General Fund. DESCRIPTION: The California Legislature enacted AB 1444, which provided Livermore Amador Valley Transit Authority (LAVTA) the ability for testing of Shared Autonomous Shuttle (SAV) in the City of Dublin through May 1, 2018. While LAVTA has worked towards the implementation of SAV Testing Project (Project), actual testing has not occurred yet. The California Department of Motor Vehicles adopted new regulations on February 28, 2018, for the testing of driverless autonomous vehicles on public streets. The new 4.2 Packet Pg. 22 Page 2 of 2 regulations now allow testing along public streets beyond the original May 1, 2018 sunset date of AB1444. LAVTA is in the process of finalizing the testing plan and would like to initiat e the SAV testing in the City of Dublin. The City of Dublin and LAVTA staff have coordinated on the Project and have agreed to implement the SAV testing along certain public streets in the general vicinity of the East Dublin/Pleasanton BART Station. The City of Dublin received grant funding in the amount of $385,000 from Metropolitan Transportation Commission (MTC) through the Innovative Deployments to Enhance Arterials (IDEA) program to support the Project and to enhance bicycle and pedestrian safety in the vicinity of the East Dublin/Pleasanton BART Station. LAVTA was also successful in receiving a grant in the amount of $966,000 from the Bay Area Air Quality Management District for the Project. LAVTA will use some of its funding to provide the SAV for the testing. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a Memorandum of Understanding Between the City of Dublin and the Livermore Amador Valley Transit Authority for the Shared Autonomous Vehicle Testing Project in Dublin 2. Exhibit A to the Resolution - Memorandum of Understanding 4.2 Packet Pg. 23 RESOLUTION NO. ___- 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE SHARED AUTONOMOUS VEHICLE TESTING PROJECT IN DUBLIN WHEREAS, The California Legislature enacted AB 1444, which provided Livermore Amador Valley Transit Authority (LAVTA) the ability for testing of Shared Autonomous Shuttle (SAV) in the City of Dublin (CITY) through May 1, 2018; and WHEREAS, The California Department of Motor Vehicles new regulations allow further testing along Public Streets beyond the May 1, 2018 sunset date of the AB1444 ; and WHEREAS, LAVTA is in the process of finalizing the testing plan and would like to initiate the SAV testing in the CITY; and WHEREAS, CITY and LAVTA are coordinating on the SAV testing project and have agreed to implement the SAV testing along Public Stree ts in the general vicinity of the East Dublin/Pleasanton BART Station (TESTING SITE); and WHEREAS, CITY received grant funding in the amount of $385,000 from Metropolitan Transportation Commission (MTC) through the Innovative Deployments to Enhance Arterials (IDEA) program to support the SAV testing and to enhance bicycle and pedestrian safety in the vicinity of the TESTING SITE ; and WHEREAS, LAVTA represents that it has $966,000 in funds from the Bay Area Air Quality Management District committed and available for the implementation of the SAV testing in CITY and part of this funding will be used to acquire and make available the SAV for the testing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Memorandum of Understanding and authorizes the City Manager to execute the MOU (Exhibit A) and make any non-substantive changes to carry out the intent of this Resolution as well as associated documents for the SAV testing project. 4.2.a Packet Pg. 24 Attachment: 1. Resolution Approving a Memorandum of Understanding Between the City of Dublin and the Livermore Amador Valley Transit PASSED, APPROVED AND ADOPTED this 18th day of September 2018. AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk Attachment: Exhibit 1 4.2.a Packet Pg. 25 Attachment: 1. Resolution Approving a Memorandum of Understanding Between the City of Dublin and the Livermore Amador Valley Transit 14748587.1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE SHARED AUTONOMOUS VEHICLE TESTING PROJECT THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of __________ 2018, by and between the CITY OF DUBLIN (CITY), a municipal corporation of the State of California, and the LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY (LAVTA), a joint exercise of powers authority established pursuant to California Government Code Section 6500 et seq. RECITALS A. The California Legislature enacted AB 1444, which provided authority for testing Shared Autonomous Vehicle (SAV) in Dublin through May 1, 2018. B. The California Department of Motor Vehicles has adopted new regulations that have allowed further testing along public streets beyond the May 1, 2018 sunset date of AB1444. C. LAVTA is in the process of finalizing the testing plan for its SAV project and would like to initiate the testing. D. CITY and LAVTA have agreed to implement SAV testing along public streets in the general vicinity of the East Dublin/Pleasanton BART Station (the “TESTING SITE”). E. CITY received grant funding in the amount of $385,000 from Metropolitan Transportation Commission (MTC) through the Innovative Deployments to Enhance Arterials (IDEA) program to support the SAV testing and to enhance bicycle and pedestrian safety in the vicinity of the TESTING SITE. F. CITY and LAVTA, in cooperation with MTC, desire to implement SAV testing and coordinate on grant funded improvements at a total of six (6) signalized intersections (“PROJECT”). The PROJECT will allow signal equipment to communicate with SAVs, LAVTA buses, and other vehicles. G. The PROJECT will be implemented by CITY with coordination and support from LAVTA. H. LAVTA represents that it has $966,000 in funds from the Bay Area Air Quality Management District committed and available for the implementation of the SAV testing in CITY and part of this funding will be used to acquire and make available the SAV for the PROJECT. I. MTC, in coordination with CITY, has prepared various PROJECT documents including a Scope of Work for a consultant to design and implement the PROJECT. 4.2.b Packet Pg. 26 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (MOU with LAVTA on SAV Testing in Dublin) 14748587.1 J. LAVTA represents that it will support CITY in completing the PROJECT. K. City will waive encroachment permit fees associated with the PROJECT. L. LAVTA, as part of its participation in the PROJECT, is ready and able to contribute staff time and resources through the design, construction and operation al phases of the PROJECT. NOW THEREFORE, the Parties hereby agree as follows: SECTION I PROJECT DESIGN, CONSTRUCTION AND ADMINISTRATION A. LAVTA AGREES: 1. To cooperate in reviewing PROJECT procurement documents, and the construction contract documents. 2. To designate a LAVTA representative, at its own expense, to work with CITY in coordinating all aspects of the PROJECT including planning, engineering, construction and installation work. 3. To cooperate in CITY’s implementation of the MTC’s IDEA grant , including any SAV vehicle testing data sharing as permitted by the law and as requested by CITY’s SAV consultant for the sole purpose of implementing the PROJECT. 4. To acquire and make available a SAV for the PROJECT. 5. To assist in implementing communications between the PROJECT equipment and the SAV. This may include testing of equipment at off -site facilities used by LAVTA for the SAV testing in CITY. B. CITY AGREES: 1. To pay for all costs associated with the design and construction of the PROJECT, except for the work that is being performed under MTC’s contract relating to the development, design, and construction of the PROJECT. 2. To cooperate with LAVTA and its staff, agents, in planning, designing, constructing, testing, and implementing the PROJECT. 4.2.b Packet Pg. 27 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (MOU with LAVTA on SAV Testing in Dublin) 14748587.1 3. To designate, at its own expense, a CITY representative to work with LAVTA in coordinating all aspects of the PROJECT including planning, engineering, construction and installation work. SECTION II MISCELLANEOUS PROVISIONS PARTIES MUTUALLY AGREE: 1. Upon CITY completing and accepting all work on the PROJECT under this MOU, ownership and title to materials, equipment and appurtenances in relation to the PROJECT installed on LAVTA buses will automatically vest in LAVTA. No further agreement will be necessary to transfer ownership. LAVTA will be the sole owner and will be responsible for operation and maintenance of all PROJECT equipment installed on LAVTA buses as part of the PROJECT. 2. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties, or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, improvement or maintenance of public facilities different or greater than the standard of care imposed by law. 3. Neither LAVTA, nor its directors, officers and employees, shall be responsible for any damage, loss, expense, costs or liability occurring by any act or om ission by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless LAVTA and its directors, officers and employees from all claims, suits or actions brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of any act or omission by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 4. Neither CITY, nor its officers and employees, shall be responsible for any damage, loss, expense, costs or liability occurring by reason of any act or omission by LAVTA under or in connection with any work, authority or jurisdiction delegated to LAVTA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, LAVTA shall fully defend, indemnify and save harmless the CITY, and its officers and employees from all claims, suits or actions brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of act or omission by LAVTA under or in connection with any work, authority or jurisdiction delegated to LAVTA under this Agreement. 5. The PARTIES shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. To the extent there are disagreements between the CITY and LAVTA, those disagreements shall immediately be raised between the parties. Prior to initiating any legal action, the parties hereto agree to meet in good faith to attempt to resolve any dispute. 4.2.b Packet Pg. 28 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (MOU with LAVTA on SAV Testing in Dublin) 14748587.1 6. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Agreement or the application of this Agreement to other situations shall remain in full force and effect. Notwithstanding the foregoing, if any term or provision of this Agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent. 7. Either the CITY or LAVTA may terminate this Agreement upon 60 days prior written notice to the other party. 8. This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of Calif ornia. 9. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other. 10. This Agreement shall commence as of the date entered and shall continue in effect until the parties reach a mutually agreeable date for termination of the Agreement after all work required by this Agreement has been completed. 11. All of the terms, provisions and conditions of the Agreement hereunder, shall be binding upon and inure the parties hereto and their respective successors, assigns and legal representatives. 12. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this agreement, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 4.2.b Packet Pg. 29 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (MOU with LAVTA on SAV Testing in Dublin) 14748587.1 LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY CITY OF DUBLIN Christopher L. Foss City Manager RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL Gary Huisingh Public Works Director APPROVED AS TO FORM APPROVED AS TO FORM General Counsel John Bakker City Attorney Dated: Dated: 4.2.b Packet Pg. 30 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (MOU with LAVTA on SAV Testing in Dublin) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: 2018 Development Agreement Review Prepared by: Luke Sims, 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 subje ct 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. For each project subject to a Development Agreement, representatives of the Administrative Services, Community Development, Fire, Parks and Community Services, and Public Works departments complete a thorough and detailed assessment of the developer’s compliance with the requirements 4.3 Packet Pg. 31 Page 2 of 2 contained in the applicable agreement. The following active Development Agreements were due for the 2018 annual review. Based on Staff’s review, all required public improvem ents, payments, and scheduled financial obligations have been satisfied by each of the developers and property owners for the projects listed in the following table. Staff has concluded that the developers for the following projects are proceeding in good faith with the terms of the Development Agreements, and is therefore recommending that the report be accepted by the City Council and the annual review be concluded. No. Development Project Expiration Date Compliant 1. Dublin Crossings (Boulevard) 11/19/2028 Yes 2. Dublin Ranch Master Agreement (Areas A-H) 06/29/2019 Yes 3. Dublin Ranch Subarea 3 (Irongate) 04/04/2019 Yes 4. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes 5. Jordan Ranch 07/22/2020 Yes 6. Kaiser Dublin Medical Center 11/04/2041 Yes Following the review, Staff presents the findings and recommends to the City Council to 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 th e 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. NOTICING REQUIREMENTS/PUBLIC OUTREACH: No Public Noticing is required. Formal notification of the 2018 Development Agreement Annual Review was sent to the parties of the Development Agreements on July 10, 2018. ATTACHMENTS: 1. Resolution 2018 Development Agreement Review 4.3 Packet Pg. 32 ATTACHMENT 1 RESOLUTION NO. XX - 18 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 June 30, 2018, the following projects have active Development Agreements with the City of Dublin: Dublin Crossings (Boulevard), Dublin Ranch Master Agreement (Areas A-H), Dublin Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Jordan 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 comments were returned to the Community Development Director; and WHEREAS, following that review, Staff presents and recommends to the City Council to either: determine the parties are in compliance and conclude the review; or, determine that the parties have not complied in good faith, then the City Council may modify or terminate the Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded its review of the above referenced active Development Agreements and Supplemental Agreements as Amended, and determined 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 18th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4.3.a Packet Pg. 33 Attachment: 1. Resolution 2018 Development Agreement Review (2018 Development Agreement Review) ATTACHMENT 1 ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.3.a Packet Pg. 34 Attachment: 1. Resolution 2018 Development Agreement Review (2018 Development Agreement Review) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Memorandum of Understanding for St. Raymond CYO at Stager Community Gymnasium Prepared by: Lisa McPherson, Recreation Manager EXECUTIVE SUMMARY: The City Council will consider approving a Memorandum of Understanding (MOU) between the City of Dublin and St. Raymond CYO for the use of Stager Community Gymnasium. STAFF RECOMMENDATION: Adopt the Resolution Approving the Memorandum of Understanding between the City of Dublin and St. Raymond CYO. FINANCIAL IMPACT: In Fiscal Year 2017-2018, St. Raymond CYO paid fees totaling $5,040 to rent Stager Community Gymnasium during the months of August 20 17 through February 2018. Staff estimates generating similar rental revenue this fiscal year. DESCRIPTION: Stager Community Gymnasium is a joint use facility between Dublin United School District and the City of Dublin. The gymnasium is utilized for City programs and is rented to sports organizations for various use. St. Raymond CYO has rented the gymnasium to conduct their youth basketball practices and games during their season (August through February). To sustain this level of youth access to the Stager Community Gymnasium, Staff is recommending that the City enter into a Memorandum of Understanding (MOU) with St. Raymond CYO. With an approved MOU, the City and St. Raymond CYO will have an agreement on scheduled gymnasium time, insurance requirem ents, and safety for minors. The City has already established similar agreements with Dublin Little League and Dublin United Soccer League to secure use at City facilities. 4.4 Packet Pg. 35 Page 2 of 2 St. Raymond CYO rents the gymnasium under the Group 2 Dublin Sports League Organization category, with current fees at $40 per hour. In Group 2, St. Raymond CYO can currently request gymnasium time six (6) months in advance of the requested dates of use. The MOU will authorize St. Raymond CYO to submit a rental application for requested gymnasium time, beginning January 2, for their next season (August through February). This will assist in securing gymnasium time for their upcoming season, a month before other Group 2’s applications are accepted. Staff met with St. Raymond CYO Athletic Director, Sean Kullman to discuss hours and days required to operate their youth basketball league from August through February. The following schedule is outlined in the MOU: August - (depending on when the school year begins) 16 hours per week (on weeknights; maximum four nights) for practices. September - 16 hours per week (on weeknights; maximum four nights) for practices. October - 16 hours per week (on weeknights; maximum four nights) for practices and 5.5 hours per Sunday for games. November - 12 hours per week for practices (on weeknights; maximum four nights), 1 Saturday and 5.5 hours per Sunday for games. December - 5 hours per week for practices (on weeknights; maximum four nights) and 5.5 hours per Sunday for games. January - 5.5 hours per Sunday for games. February - 5.5 hours per Sunday for games. St. Raymond CYO will continue to be subject to adopted City gymnasium rates, rules, regulations and other pertinent City policies governing gymnasium use. The MOU will help establish the baseline of collaboration in supporting youth services at Stager Community Gymnasium. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was sent to St. Raymond CYO. ATTACHMENTS: 1. Resolution Approving Memorandum of Understanding between the City of Dublin and St. Raymond CYO 2. Exhibit A to the Resolution - Memorandum of Understanding 4.4 Packet Pg. 36 RESOLUTION NO. XX-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND ST. RAYMOND CYO WHEREAS, the City and Dublin Unified School District have an existing joint use agreement regarding the use of Stager Community Gym which authorizes the City to rental it to community organizations whose primary purpose is to service to youth or the improvement of the general welfare of the community; and WHEREAS, the City has been working with St. Raymond CYO, a long-time user of the Stager Community Gym, to address its need to book use in advance of the currently allowed six-month window; and WHEREAS, St. Raymond CYO offers youth basketball practices and games to the Dublin community; and WHEREAS, to facilitate the continuation of sports activities, City wishes to formalize an agreement for St. Raymond CYO’s continued use to Stager Community Gymnasium; and WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring clarity to their joint commitment and to set out in general terms the various roles each Party will play and procedures to be followed. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby approves a Memorandum of Understanding between the City of Dublin and St. Raymond CYO attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute this MOU, and to take such other and further action, as necessary and appropriate to carry out the intention of this Resolution on behalf of the City. PASSED, APPROVED, AND ADOPTED this 18th day of September 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ________________________________ City Clerk 4.4.a Packet Pg. 37 Attachment: 1. Resolution Approving Memorandum of Understanding between the City of Dublin and St. Raymond CYO (CYO MOU) MEMORANDUM OF UNDERSTANDING (St. Raymond CYO) This Memorandum of Understanding (“MOU”) dated September 18, 2018 is entered into by and between the City of Dublin (the “City”) and the St. Raymond CYO, a California nonprofit corporation (“CYO”). The City and CYO are each individually referred to as a “Party” and collectively referred to as the “Parties.” RECITALS WHEREAS, the June 7, 2011 Agreement between the CITY and Dublin Unified School District Regarding Use of Facilities allows the CITY to provide use of the Stager Community Gym to community organization whose primary purpose is to service to youth or the improvement of the general welfare of the community; and WHEREAS, the Parties wish to collaborate to promote healthy recreational activities for youth in the City of Dublin; and WHEREAS, CYO offers youth basketball practices and games to the Dublin community; and WHEREAS, the City has, through a series of agreements has allowed CYO use of the Stager Community Gymnasium for many years; and WHEREAS, to facilitate the continuation of sports activities, City wishes to formalize an agreement for CYO’s continued use to Stager Community Gymnasium; and WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring clarity to their joint commitment and to set out in general terms the various roles each Party will play and procedures to be followed; and NOW THEREFORE, the Parties hereby agree as follows: Section 1. Purpose of this MOU. This MOU is intended to detail use of Stager Community Gymnasium by CYO, including reservation periods, fees for approved use, insurance requirements, and safety for minors. Section 2. Terms. The MOU shall be based on the following general principles and responsibilities: A. Use of Stager Community Gymnasium 1. CYO will have access to rent Stager Community Gymnasium during CYO season from August to February subject to the conditions of this MOU and the City’s adopted Stager Community Gymnasium Facility Use Policy in Exhibit A. 2. CYO will have use of Stager Community Gymnasium only after securing a use permit for purposes of scheduling the gymnasium. 4.4.b Packet Pg. 38 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 2 3. CYO shall not sublet Stager Community Gymnasium without obtaining prior written permission from the CITY. 4. CYO shall not use Stager Community Gymnasium for any use other than those prescribed in the Stager Community Gymnasium Facility Use Policy, unless obtaining the prior written consent from the CITY. 5. Additional fees (rentals changes or cancellation) may apply for changes outside of the original approved use permit and are separate and apart from any agreed upon rental fee for use of Stager Community Gymnasium. 6. CYO shall conform to all of the City’s rules, policies and regulations for the use of Stager Community Gymnasium. 7. CYO shall not hire employees or volunteers who will have supervisory or disciplinary authority over minors who have been convicted of any offense identified in California Public Resources Code Section 5164. CYO fully indemnifies, defends and holds harmless City from all claims, demands, causes of action, or liabilities resulting from any such hiring. CYO shall notify City immediately in writing of any violation of this provision upon discovery. 8. CYO will provide information to its employees and volunteers who have contact with children of risk of TB exposure in children and encourage said employees and volunteers to comply with TB testing requirements set forth in Section 5163 of the California Public Resources Code. 9. If CYO is or becomes aware of any employee or volunteer with a positive TB skin test reading, a physician’s medical clearance must be obtained prior to services being provided as specified above. 10. CYO, shall follow the procedures specified in Exhibit B titled, “Employee/Volunteer Clearance Verification and Compliance with the Child Abuse and Neglect Reporting Act” attached hereto. B. Rental Fees 1. CYO will pay the required deposit and rental fees associated for a Group 2 (Dublin Sports League Organizations) user . Overbookings are discouraged. Staff will compare requests with last year’s rental schedule. 2. Rental fees are established and adopted annually by the City Council as part of the CITY’s Master Fee Schedule. 4.4.b Packet Pg. 39 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 3 C. Scheduling 1. The Parties agree that early scheduling is beneficial to the City and all involved parties. CYO will have the opportunity to submit rental needs by January 2 each year for the following basketball season. 2. CYO will supply CITY with usage schedules as a part of the permitting or reservation process by January 2 each year for the following basketball season. 3. CITY shall offer CYO rental times from 6:00 PM to 10:00 PM for a maximum of four weekdays during the months of August through October and 11:00 AM to 5:00 PM on Sundays during the months of October through February. August rental dates will begin during the first week of the Dublin Unified School District school year. During City programming of the Junior Warriors Youth Basketball League (November through February) CYO will be offered weekday rental times when space is available. • August – (depending on when the school year begins) - 16 hours per week (on weeknights; maximum four nights) for practices • September - 16 hours per week (on weeknights; maximum four nights) for practices • October – 16 hours per week (on weeknights; maximum four nights) for practices 5.5 hours per Sunday for games • November – 12 hours per week for practices (on weeknights; maximum four nights), 1 Saturday and 5.5 hours per Sunday for games • December – 5 hours per week for practices (on weeknights; maximum four nights) and 5.5 hours per Sunday for games • January – 5.5 hours per Sunday for games • February – 5.5 hours per Sunday for games 4. Stager Community Gymnasium usage requests may be approved or denied at the CITY’s discretion. Section 4. Indemnification. CYO shall defend, indemnify and hold harmless City, its officers, agents and employees (“City Indemnitees”) from and against any and all claims, demands, causes of action, or liabilities incurred by City Indemnitees arising, in whole or in part, directly or indirectly, from CYO’s acts or omissions under the Agreement or any act or omission of CYO’s officers, agents, employees, contractors, or persons entering City property under this Agreement with the express or implied permission or invitation of CYO, except as may arise from the gross negligence or willful misconduct of City Indemnitees. In any action or claim against CITY in which CYO is defending CITY, CITY shall have the right to approve legal counsel providing CITY’s defense and such approval shall not be unreasonably withheld. CYO further agrees to release CITY from any and all claims for any damages, including property damage, injury or death occurring or arising out of use of Parties’ use of the property, except as may be caused by the CITY’s gross negligence or willful misconduct. 4.4.b Packet Pg. 40 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 4 Section 5. Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one instrument. Section 6. Insurance. CYO shall, at its sole cost and expense, and for the full term of this Agreement, obtain, maintain and provide CITY with proof of at least all of the minimum insurance requirements as described in Exhibit C, prior to commencing any operations or occupying any space under this Agreement. Section 7. Term. The provisions of this MOU shall continue from the effective date of this MOU unless terminated by either party by providing six (6) months’ written notice of its intent to discontinue the terms of the MOU as set forth in this document. If CYO provides written notice of its intent to terminate, it shall vacate Stager Community Gymnasium on or before the date of termination. Upon termination, CYO shall return keys (if any) to the CITY, remove all property owned by CYO from City property and return all facilities in as good condition as when received. Section 8. Amendments. The parties may amend this MOU only in writing signed by both parties. The City Manager is authorized to enter into any amendments to this MOU on behalf of the CITY. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding, effective as of the date first written above. CITY OF DUBLIN By:_____________________________ Christopher L. Foss, City Manager Date:___________________ ST. RAYMOND CYO By:_____________________________ Sean Kullman, St. Raymond CYO Athletic Director Date:________________ 4.4.b Packet Pg. 41 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 5 EXHIBIT A STAGER COMMUNITY GYMNASIUM FACILITY USE POLICY The Stager Community Gymnasium is located at 6901 York Drive at Valley High School. When the Gym is not used for City or School District activities, it is available for rental by the community. The Facility Use Policy establishes rules, regulations, procedures and fees for use of the Gym, which is limited to sports practices and events typically held in gyms. Classification of Users Public Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon Services District, Dublin Unified School District, etc. Dublin Youth Sports League - Organized sports league groups with current IRS non-profit status, whose membership is open to the public. The organization’s membership must be as listed below: a) Youth Sports League Organizations – at least 75% Dublin residents. Resident - Individuals residing within the Dublin City limits. Non-Profit Organizations - Organized nonprofit groups with current 501(c) 3 or 501(c) 4 status. The submission and approval of a “Non-Profit Organization Verification Form” must be on file with the City. Non-Resident - Individuals not residing within the Dublin City limits. Commercial - Businesses holding an event regardless of charging a fee and/or sale of goods or services. Individual or Organizations whose events include a fee and/or sale of goods or services. Groups applying under the Non-Profit Organization classification must have an “Organization Verification Form” on file or submit one of the following: 1) Bylaws, and 2) Current I.R.S. Tax Exempt Letter. Groups claiming Dublin Sports League Organization must provide a current membership roster. For Youth Sports League Organizations, 75% of membership must reside in Dublin. Applications will not be accepted without these items. Proof of residency required at the time of application (valid California Driver’s License/ID or current utility bill). Priority of User Groups Dublin Sports League Organization-Youth 75% Residents -Reservations accepted in advance of all other groups. Resident-Reservations accepted up to twelve (12) months in advance of requested use. Non-Profit Organizations-Reservations accepted up to eleven (11) months in advance of requested use. Non-Resident-Reservations accepted up to ten (10) months in advance of requested use. Commercial-Reservations accepted up to nine (9) months in advance of requested use. How to Make a Reservation 4.4.b Packet Pg. 42 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 6 Please note that the City requires the applicant, not another party, to complete all transaction and provide the insurance required for the rental. 1. To reserve the Stager Community Gymnasium, a Facility Use Application and $250 refundable security deposit must be submitted for approval. Approval takes three to five business days; notification of application status will be e‐ mailed. 2. Applications must be submitted in person at the Shannon Community Center, 11600 Shannon Drive. Applications are accepted between the hours of 8:00 A.M. and 5:00 P.M, Monday through Friday, holidays excepted. 3. In order to receive a resident rate, the applicant (i.e. the person responsible for the activity, payment of fees and provision of insurance) must live or own property within the Dublin’s City Limits. Verification of residence address will be required (valid California driver’s license or current utility bill). 4. Groups applying under the Group 2 or 3 classification must have an “Organization Verification Form” on file, or submit one with the following: 1) Bylaws, and 2) Current I.R.S. Tax Exemption Letter. Groups claiming Dublin residency must provide a current membership roster (75% of membership must reside in Dublin). Applications will not be accepted without these items. 5. Applications submitted less than five business days prior to the requested rental date will not be accepted. 6. The City reserves the right to book additional events before or after an applicant’s confirmed rental time. Payment Schedule 1. At the time the application is submitted, a $250 refundable security deposit is required. 2. Final payment of rental fees must be made no later than 30 days prior to the scheduled rental date. If an application is submitted less than 30 days prior to the rental, then payment of rental fees must be made at the time of application. Payments not received by this deadline may result in cancellation of the rental and forfeiture of the deposit. 3. Security deposits will be returned by mail within 30 days of the function date providing there are no violations of the Facility Use Policy, the rental hours exceeded, excessive cleaning required, or damages to the facility. 4. Payments may be made by Visa, MasterCard, check, money order or cash. Make checks or money orders payable to City of Dublin. Cancellations/Changes/Refunds 1. Cancellation requests must be made in writing by the applicant. Refunds will be handled as follows: a) If the request is received three months or more prior to the rental date the deposit will be refunded, less a $25.00 processing fee. Refunds will be mailed to the applicant within 30 days of receipt of the written cancellation request. b) If the request is received between three months and 30 days prior to the rental the applicant will forfeit the deposit unless another user rebooks the date. If the date is rebooked the deposit will be refunded less a $25.00 processing fee. c) If the request is received less than 30 days prior to the rental date the applicant will forfeit the deposit and one‐half of the fees paid (or payable). 2. Refunds and credits are not issued for unused hours. 3. Facility Use Permits may not be transferred, assigned or sublet. 4. Any changes in rental hours less than five working days prior to the rental date will be assessed a $25.00 fee per change. 5. Occasionally it may be necessary to reschedule, relocate or cancel a request previously approved. In this event, the group or individual will be given as much advance notice as possible. 4.4.b Packet Pg. 43 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 7 General Rental Information 1. A responsible adult from the rental must supervise the premises for proper facility use during all rental hours.Groups composed of minors must be supervised at all times by two adults for each twenty minors. 2. SMOKING IS PROHIBITED within the interior of the Gymnasium and outside on the school property. 3. Parking is permitted in painted parking stalls only. Vehicles parked illegally will be cited. 4. Tables and chairs provided by the City may not be removed from the facility. 5. Storage is not available. 6. The use of decals, glitter, powders, wax, paint, etc. are prohibited in the gymnasium. 7. Only water may be brought into the gymnasium. Food and drink are not allowed. 8. Containers of ice may not be placed in the gymnasium. 9. The consumption, serving and/or selling of alcoholic beverages is not permitted. 10. P.A. Systems, microphones, TV/VCRs, stand‐up podiums and extension cords are not available. 11. The scoreboard is only available for use during official league games. 12. Hitting or kicking balls onto the walls or against the building is prohibited. 13. Tickets may not be sold at the door as an admission charge unless approved in advance. 14. Only athletic shoes may be worn on the court. Street shoes are not permitted. 15. The gymnasium has heating but no air conditioning. 16. The bleachers are electric and must not be pulled or moved by the user. A Gym Attendant will be responsible for setting up the bleachers. The bleachers are only available for league games or special events. Chairs will be provided when requested. 17. All exit doors must be operable and no part of any hallway, corridor, or exit may be used in a way that obstructs its use as an exit. 18. The capacity of the gymnasium is 1,428 and is posted in the building. Overcrowding is forbidden and will result in cancellation of event and forfeiture of all fees paid. 19. School and City property must be protected from damage and undue wear. Users shall be responsible for the condition of the facility and equipment. The Gym Attendant will record the condition of the facility and equipment before and after each rental. The rental applicant shall pay for repairs to property or equipment damaged during a rental. 20. Requests for exception to the Facility Use Policy must be submitted in writing to the City Manager, or their designee, no later than one month prior to the date of use requested. Decoration and Signs 1. The use of tacks, tape, nails, staples or putty on any walls is prohibited. 2. All decorative materials must be either made of non‐combustible substances or treated with State Approved flame‐retardant. 3. Confetti or similar materials may not be thrown inside or outside the facility. 4. It is prohibited to paste, tack, glue or post any sign, placard, advertisement or inscription or erect any sign on the building. 4.4.b Packet Pg. 44 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 8 EXHIBIT B EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT If CYO provides services involving minors, and as a CITY-approved method of complying with the provisions contained in this MOU, CYO shall conduct a criminal background check through the database of the California Department of Justice and an FBI criminal database or equivalent national database as approved in writing by CYO’s liability insurance provider, on each of its employees and volunteers who have supervisory or disciplinary authority over minors. CYO shall also comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code SECTION 11164 et. seq. Additionally, CYO certifies the following: 1. Any and all personnel employed or retained by CYO in conducting the operations of CYO’s program shall be qualified to perform the duties assigned to them by CYO. CYO agrees that CYO shall not at any time allow its employees or volunteers to be in any position with supervisory or disciplinary authority over minors, if they have been convicted of any offense identified in California Public Resources Code SECTION 5164. CITY and CYO understand that results of background checks on minors may be confidential under state law. Therefore, all employees or volunteers must be at least 18 years of age if they are to be in a position having supervisory or disciplinary authority over any minor. If CYO intends to have employees or volunteers under the age of 18 providing services under this MOU, CYO shall maintain and make available to CITY, if requested, guidelines, procedures or policies that safeguard and ensure that no employees or volunteers under the age of 18 will be providing services under this MOU that are unsupervised and further CYO shall ensure that none of its employees or volunteers under 18 years of age have any supervisory or disciplinary authority over any minor, as such term is used in California Public Resources Code SECTION 5164. 2. CYO shall be responsible for ensuring that no person who has supervisory or disciplinary authority over minors, who is paid or unpaid by CYO, shall be permitted to provide services unless appropriate background checks, have been performed prior to the beginning of services under this MOU, and the person meets the standards set forth above. If requested by CITY, and to the extent allowed by law, CYO shall promptly provide documentation listing each person that has provided or is providing services hereunder involving supervision or disciplinary authority over minors, and certifying that CYO has conducted the proper background check on such person or persons, and each of the named persons is legally permitted to perform the services described in this MOU. Regardless of whether such documentation is requested or delivered by CYO, CYO shall be solely responsible for compliance with the provisions of this SECTION. 4.4.b Packet Pg. 45 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 9 3. CYO understands that if services are rendered on a school site, there may be additional requirements that may apply including without limitation, requirements under the California Education Code. CYO, acknowledges that it is CYO’s sole responsibility to comply with all applicable laws, regulations and licensing requirements in CYO’s provision of services hereunder. I, CYO by signing below verify that I have read and agree to the above: _________________________________________ __________________ Signature/Title Date 4.4.b Packet Pg. 46 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 10 EXHIBIT C INSURANCE REQUIREMENTS Before beginning any work under this Agreement, CYO, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CYO and its agents, representatives, employees, and subcontractors. CYO shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. CYO shall maintain the insurance policies required by this section throughout the term of this Agreement. CYO shall not allow any subcontractor to commence work on any subcontract until CYO has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under CYO’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the event CYO fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by CYO. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. I. Minimum Scope and Limit of Insurance There shall be no endorsements reducing the scope of coverage required below unless approved by the City’s Risk Manager. Type of Insurance Minimum Limit 1. Commercial General and Automobile Liability Insurance CYO, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this MOU in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence, $1,000,000 per occurrence for bodily injury, personal injury and property damage or $2,000,000 annual aggregate. 4.4.b Packet Pg. 47 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 11 combined single limit coverage for risks associated with the work contemplated by this MOU. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this MOU or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this MOU, including the use of owned and non-owned automobiles. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence from CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 2. Abuse and Molestation Coverage Including coverages for any loss sustained or cost of defense of a claim of abuse and molestation arising from the negligent hiring, training, retention or supervision of any employees or volunteers. Not less than $100,000 each occurrence 3. Workers’ Compensation and Employer Liability CYO, at its sole cost and expense maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any all persons employed directly or indirectly by CYO. The Statutory Workers’ Compensation Insurance Employer’s Liability Insurance shall be provided with limits not less than ONE MILLION DOLLARs ($1,000,000) per accident. In the alternative, CYO may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or CYO, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this MOU. An endorsement shall state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. $1,000,000 4.4.b Packet Pg. 48 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 12 CYO shall notify City within 14 days of notification from CYO’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits. II. Other Insurance Requirements 1. Additional Requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers and Dublin Unified School District shall be covered as additional insured with respect to each of the following: liability arising out of activities performed by or on behalf of CYO, including the insured’s general supervision of CYO: products and completed operations of CYO, premises owned, occupied, or used by CYO, and automobiles owned, leased, or used by CYO. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CYO to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. CYO shall notify City within 14 days of notification from CYO’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. f. All insurance required is to be placed with insurers having a Bests’ rating of no less than A:VII. g. Prior to beginning any work under this MOU, CYO shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its 4.4.b Packet Pg. 49 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 13 behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. h. CYO agrees to include with all subcontractors in their subcontract the same requirements and provisions of this MOU including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractors hired by CYO agree to be bound to CYO and the City in the same manner and to the same extent as CYO is bound to the City under the MOU documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commenc ement of any work and will provide proof of compliance to the City. i. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available, or that the City’s interest are otherwise fully protected. j. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies concerning any self-insured retention provision and/or deductible may be satisfied by either the named insured or the City. k. In the event that any coverage required by this section is reduced, limited or materially affected in any other manner, CYO shall provide written notice to City at CYO’s earliest possible opportunity and in no case later than five days after CYO is notified of the change in coverage. l. In addition to any other remedies City may have if CYO fails to provide or maintain any insurance policies or policy endorsements to the ext ent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for CYO’s breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the MOU; • Order CYO to stop work under this MOU or withhold any payment that becomes due to CYO hereunder, or both stop work and withhold 4.4.b Packet Pg. 50 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) 14 any payment, until CYO demonstrates compliance with the requirements hereof; and/or • Terminate this MOU. 3056357.1 4.4.b Packet Pg. 51 Attachment: 2. Exhibit A to the Resolution - Memorandum of Understanding (CYO MOU) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of City Engineer’s Pending Decision on the Final Map for Tract 8413 Boulevard Neighborhood 7 Prepared by: Laurie Sucgang, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer’s pending approval of the Final Map for Tract 8413 Boulevard Neighborhood 7. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the City Engineer’s pending approval of the following: ☒ City Engineer’s pending decision on the following Final Map: Tract Location Developer Number of Units/Lots Type 8413 Boulevard, Neighborhood 7 Brookfield Broadway, LLC 110 Units Condominium NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 4.5 Packet Pg. 52 Page 2 of 2 ATTACHMENTS: 1. Tract 8413 Final Map 4.5 Packet Pg. 53 4.5.a Packet Pg. 54 Attachment: 1. Tract 8413 Final Map (Notice of City Engineer's Pending Decision on Final Map Tract 8413) 4.5.a Packet Pg. 55 Attachment: 1. Tract 8413 Final Map (Notice of City Engineer's Pending Decision on Final Map Tract 8413) 4.5.a Packet Pg. 56 Attachment: 1. Tract 8413 Final Map (Notice of City Engineer's Pending Decision on Final Map Tract 8413) 4.5.a Packet Pg. 57 Attachment: 1. Tract 8413 Final Map (Notice of City Engineer's Pending Decision on Final Map Tract 8413) 4.5.a Packet Pg. 58 Attachment: 1. Tract 8413 Final Map (Notice of City Engineer's Pending Decision on Final Map Tract 8413) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, 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, 2018 - August 31, 2018 totaling $14,763,832.82. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED August 1, 2018 through August 31, 2018 Total Number of Payments: 425 Total Amount of Payments: $14,763,832.82 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning August 1, 2018 through August 31, 2018. 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. 4.6 Packet Pg. 59 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report for August 2018 4.6 Packet Pg. 60 Print Date: 09/05/2018 City of Dublin Page 1 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/03/2018 ALAMEDA COUNTY CLERK 267.00 RECORDING OF NOTICE OF SPECIAL TAX LIENS CFDS 08/03/2018 UNUM LIFE INS CO OF AMERICA 11,776.17 LIFE AND AD&D PREMIUM - AUG 2018 Payments Issued 8/3/2018 Total: 12,043.17 08/06/2018 4LEAF INC. 1,755.00 BUILDING INSPECTIONS SERVICES-CIP JUL 2018 134,873.00 INSPECTION & PLAN CHECK SERVICES JUN 2018 Check Total: 136,628.00 08/06/2018 ADAMSON POLICE PRODUCTS 366.00 POLICE UNIFORMS 08/06/2018 ALAMEDA COUNTY LAFCO 7,032.00 LAFCO APPORTIONMENT FOR FY18-19 08/06/2018 AMADOR VALLEY INDUSTRIES LLC 20,662.70 COMMERCIAL RECYCLING PROGRAM REIMB JUN 2018 08/06/2018 AT&T - CALNET 3 44.27 SERVICE TO 07/06/18 1,053.59 SERVICE TO 07/12/18 471.83 SERVICE TO 07/14/18 Check Total: 1,569.69 08/06/2018 BANNER BANK 13,993.85 RETENTION DEPOSIT-FALLON SPORTS PRK CONSTRUCT 08/06/2018 BFS LANDSCAPE ARCHITECTURE 1,217.22 CRICKET FIELD CONCEPTUAL DESIGN 08/06/2018 BIG O TIRES #7 33.82 POLICE VEHICLE TIRES & MAINTENANCE 08/06/2018 BLUEBEAM, INC. 1,980.00 DIGITAL PLAN CHECK REVIEW SOFTWARE MAINTENANCE 08/06/2018 BOUND TREE MEDICAL, LLC. 2,260.40 POLICE EVIDENCE SUPPLIES 08/06/2018 BPXPRESS 1,240.15 PRINTING SERVICES DUBLIN BLVD WIDENING PROJECT 08/06/2018 BUTLER, LA SHAWN 3,866.19 REIMBURSE RELOCATION EXPENSE 08/06/2018 CA SURVEYING & DRAFTING SUPPLY 161.48 PLOTTER SUPPLIES 08/06/2018 CALIFORNIA BANK OF COMMERCE 32,779.07 RETENTION DEPOSIT-DOUGHERTY RD CONSTRUCTION 08/06/2018 CARDUCCI AND ASSOCIATES INC. 12,215.19 FALLON SPORTS PARK LANDSCAPE ARCHITECTURE 08/06/2018 CHECKERS CATERING 4,379.55 ANNUAL EMPLOYEE APPRECIATION LUNCH CATERING 08/06/2018 CHENG, CEDRIC 99.00 BUSINESS CARDS 08/06/2018 COUNTY OF ALAMEDA 1,500.00 LEASE PMT-DOUGHERTY RD CONSTR STAGING AREA 08/06/2018 CSG CONSULTANTS INC 18,802.00 ENGINEERING SERVICES APR 2018 6,664.00 ENGINEERING SERVICES MAY 2018 Check Total: 25,466.00 08/06/2018 DESILVA GATES CONSTRUCTION LP 624,202.31 CONSTRUCTION SVCS-DOUGHERTY RD IMPROVEMENTS 428,324.60 SAN RAMON RD STREET RESURFACING PROJECT Check Total: 1,052,526.91 08/06/2018 DUBLIN LIONS CLUB 60.00 DUBLIN LIONS CLUB DUES JUL-DEC 2018 HUISINGH 08/06/2018 DUNBAR ARMORED INC 573.73 ARMORED CAR SERVICES JUL 2018 08/06/2018 DUTCHOVER & ASSOCIATES 6,945.00 PLANNING SERVICES JUN 2018 08/06/2018 EVERYTHING GROWS INTERIOR 267.97 PLANT SERVICE JUL 2018 08/06/2018 FEHR & PEERS 1,769.25 ENGINEERING SERVICES MAY 2018 08/06/2018 GRADETECH INC. 44,180.61 RETENTION RELEASE-SHANNON CENTER PARKING LOT 08/06/2018 HARRIS & ASSOCIATES 9,255.00 2018 STREET RESURFACING PROJECT 1,020.00 CONSTRUCTION MANAGEMENT AQUATIC COMPLEX Check Total: 10,275.00 08/06/2018 INDIGO/HAMMOND + PLAYLE 26,314.45 ARCHITECTURAL DESIGN-POLICE BLDG RENOVATION 08/06/2018 JOHNSON CONTROLS SECURITY 111.92 FIRE ALARM MONITORING SERVICES-LIBRARY 782.07 FIRE ALARM SERVICE CALL-LIBRARY Check Total: 893.99 08/06/2018 KIER & WRIGHT CIVIL ENGINEERS 9,194.17 ENGINEERING SERVICES MAY 2018 08/06/2018 KIMLEY-HORN AND ASSOC. INC. 680.00 DESIGN SVCS-SAN RAMON RD ARTERIAL MGMT PROJ 4.6.a Packet Pg. 61 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 2 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/06/2018 LOCAL GOVERNMENT COMMISSION 1,500.00 GREEN CITIES CA MEMBER FY18-19 DUES-DUBLIN 08/06/2018 LSA ASSOCIATES INC. 3,939.39 SCHAEFER GHAD WEED ABATEMENT 08/06/2018 MARK THOMAS & COMPANY, INC. 31,187.65 IRON HORSE TRAIL CROSSING DESIGN SERVICES 08/06/2018 MICHAEL BAKER INT'L, INC. 71.25 HOUSING PROGRAM ASSISTANCE 08/06/2018 NEOPOST USA INC 4,000.00 REPLENISH POSTAGE MACHINE 08/06/2018 OZUNA, CHELSEA 225.00 FARMERS' MARKET ENTERTAINMENT 4,785.00 REC CLASS INSTRUCTOR Check Total: 5,010.00 08/06/2018 PATEL, MONAL 55.00 PARKING CITATION OVERPAYMENT REFUND 08/06/2018 PG&E 4.19 SERVICE TO 06/25/18 283.23 SERVICE TO 06/29/18 3,178.57 SERVICE TO 07/01/18 52.61 SERVICE TO 07/05/18 31,340.52 SERVICE TO 07/06/18 3,659.13 SERVICE TO 07/08/18 275.65 SERVICE TO 07/09/18 81.08 SERVICE TO 07/10/18 2,163.95 SERVICE TO 07/11/18 2,125.34 SERVICE TO 07/12/18 54.58 SERVICE TO 07/16/18 6,281.22 SERVICE TO 07/17/18 16.08 SERVICE TO 07/25/18 Check Total: 49,516.15 08/06/2018 PG&E CFM/PPC DEPARTMENT 2,500.00 PG&E ENGINEERING FOR CLOVER PARK 08/06/2018 PLAN JPA 444,288.00 GENERAL LIABILITY & PROPERTY PREMIUM FY18-19 08/06/2018 PLAN JPA 3,103.00 INSURANCE CLAIMS EXPENSE JUL 2018 Vendor Total: 447,391.00 08/06/2018 RHAA 2,045.35 DOWNTOWN STREETSCAPE MASTER PLAN JUN 2018 08/06/2018 ROBERT A. BOTHMAN, INC. 266,339.22 FALLON SPORTS PARK CONSTRUCTION JUN 2018 08/06/2018 RRM DESIGN GROUP, A CA CORP 4,256.25 PLANNING SERVICES JUN 2018 08/06/2018 SCAN NATOAC/O CITY OF TORRANCE 80.00 MEMBERSHIP DUES-WETHERFORD 08/06/2018 SIERRA DISPLAY, INC. 30,028.04 BANNER INSTALLATION & CHANGE-OUT SERVICES 08/06/2018 SIMPLER SYSTEMS, INC 1,500.00 SIMPLER SOFTWARE LICENSING JUL 2018 08/06/2018 SOTO, CAROLINE 32.34 MILEAGE REIMBURSEMENT JUL 2018 08/06/2018 STUDIO BLUE REPROGRAPHICS 150.00 PRINTING SERVICES FOR SUNRISE PARK PROJECT 08/06/2018 TREASURER ALAMEDA COUNTY 15,853.02 FUEL JUN 2018 08/06/2018 TREASURER ALAMEDA COUNTY 35,901.35 SIGNAL & STREET LIGHT MAINTENANCE JUN 2018 08/06/2018 TRI-VALLEY JANITORIAL INC. 19,649.00 JANITORIAL SERVICES JUL 2018 08/06/2018 UNDERGROUND SERVICE ALERT 4,097.23 ANNUAL SUBSCRIPTION FY18-19 08/06/2018 VALI COOPER & ASSOCIATES INC 12,953.90 SAN RAMON OVERLAY PROJ INSPECTION SVCS 08/06/2018 WONG, ALAN 19.00 POLICE REPORT OVERPAYMENT REFUND Payments Issued 8/6/2018 Total: 2,359,206.53 08/08/2018 U.S. BANK CORPORATE PMT SYSTEM 16.75 ALAMEDA COUNTY TRAINING CLASS EXPENSE-FRANKLIN 1,360.26 AMERICAN PLANNING ASSN CONF EXP - SIMS, BAKER 4.6.a Packet Pg. 62 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 3 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 130.00 ASSN OF PUBLIC PROCUMENT OFFICERS DUES-NELSON 4,974.89 CAMERA & ACCESSORIES FOR RECREATION EVENTS 229.59 CITY COUNCIL MEETING SUPPLIES 257.40 COMPUTER EQUIPMENT -1,179.19 CREDIT FOR THE WAVE UMBRELLAS 1,439.96 DOMAIN NAME REG & GIS CONF EXPENSE-EISLER 1,845.28 DUBLIN PRIDE CONTEST AWARDS, ENV SVCS SUPPLIES 778.92 EMERGENCY OPERATIONS CENTER TRAINING SUPPLIES 134.45 ENGINEERING HAND BOOK 4,145.51 ENVIRONMENTAL SERVICES SUPPLIES 3,354.70 ENVIRONMENTAL SPILL KITS, RACKS FOR PLANS 3,553.35 FAMILY CAMPOUT SUPPLIES 621.41 HERITAGE CENTER & MUSEUM SUPPLIES 190.82 HUMAN RESOURCES TRAINING EXP-WILKINSON 1,410.00 ICMA CONFERENCE REG- L.SMITH, TRIBBY 303.56 IEDC AWARD ENTRY FEE, OFFICE SUPPLIES 45.87 LEAGUE OF CA CITIES POLICY MTG EXP-HERNANDEZ 196.22 OFFICE SUPPLIES 3,095.00 POLICE ACTIVITIES SUPPLIES 415.17 POLICE SUPPLIES 913.81 POLICE TRAINING SUPPLIES 2,106.15 RED CROSS CERTIFICATIONS & THE WAVE SUPPIES 1,519.68 SENIOR CENTER SUPPLIES 345.00 SENIOR CENTER VAN MAINTENANCE 2,954.94 SHANNON CENTER & PRESCHOOL SUPPLIES 456.28 THE WAVE & SWIM TEAM SUPPLIES 2,020.90 THE WAVE CONCESSION EQUIPMENT 6,408.73 THE WAVE EQUIPMENT & OUTDOOR SUPPLIES 1,858.15 THE WAVE UMBRELLAS, BIRTHDAY PARTY PKG SUPPLIES 5,261.50 TRI-VALLEY CITIES COUNCIL DINNER MEETING EXPENSE Check Total: 51,165.06 Payments Issued 8/8/2018 Total: 51,165.06 08/10/2018 CAL PERS 74,990.19 PERS RETIREMENT PLAN: PE 8/3/18 08/10/2018 EMPLOYMENT DEVELOPMENT DEPT 17,786.17 CA STATE WITHHOLDING: PE 8/3/18 08/10/2018 I C M A 401 PLAN 945.00 DEFERRED COMP 401A: PE 8/3/18 08/10/2018 I C M A 457 PLAN 26,590.56 DEFERRED COMP 457: PE 8/3/18 08/10/2018 INTERNAL REVENUE SERVICE 57,616.10 FEDERAL WITHHOLDING: PE 8/3/18 08/10/2018 US BANK - PARS 8,336.80 PARS: PE 8/3/18 08/10/2018 WAGEWORKS, INC. 3,685.63 WAGEWORKS 2018: PE 8/3/18 Payments Issued 8/10/2018 Total: 189,950.45 4.6.a Packet Pg. 63 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 4 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/14/2018 3I ADVERTISING, LLC. 2,508.25 ADVERTISING & MARKETING FOR THE WAVE 08/14/2018 ADAMEK, RUDOLF 100.00 FARMERS' MARKET ENTERTAINMENT 08/14/2018 ADAMSON POLICE PRODUCTS 644.11 MOTORCYCLE UNIFORMS 125.62 POLICE TACTICAL VEST ACCESSORIES Check Total: 769.73 08/14/2018 AGRICULTURAL NATURAL RESOURCES 13,160.29 FALLON VILLAGE GHAD SERVICES 08/14/2018 ALAMEDA CO SHERIFF'S OFFICE 192.25 PRINTING SERVICES JUL 2018 08/14/2018 ALAMEDA CO SURPLUS PROP AUTHOR 71,770.95 REIMB TASSAJARA INTERCHANGE ADVANCE COSTS 08/14/2018 ALAMEDA COUNTY FIRE DEPARTMENT 1,121,937.92 FIRE SERVICES JUL 2018 1,039,089.08 FIRE SERVICES JUN 2018 Check Total: 2,161,027.00 08/14/2018 ALAMEDA COUNTY TRAINING CENTER 600.00 DEVELOPING THE LEADER IN YOU TRAINING -FRANKLIN 08/14/2018 ALTMAN, MARK 216.00 THE WAVE BIRTHDAY PARTY PACKAGE REFUND 08/14/2018 AMERIPRIDE UNIFORM SERVICES 92.18 THE WAVE CONCESSION TOWELS & APRON CLEANING 08/14/2018 ARORA, AKSHAY 12,834.36 REC CLASS INSTRUCTOR 08/14/2018 BAY ISLAND OFFICIAL ASSOC 912.00 SPORTS OFFICIATING SERVICES 08/14/2018 BIG BOARDS ADVERTISING 600.00 NEW NEIGHBOR WELCOME PACKET POSTCARDS 08/14/2018 BKF ENGINEERS 150,390.09 PRELIMINARY ENGINEERING STUDY DUBLIN BLVD 08/14/2018 BLAISDELL'S BUSINESS PRODUCTS 4,354.82 OFFICE SUPPLIES-JUN 2018 4,362.91 OFFICE SUPPLIES-MAY 2018 Check Total: 8,717.73 08/14/2018 BUTLER, LA SHAWN 394.75 REIMB P&CS DIRECTOR INTERVIEW EXPENSES 08/14/2018 BYOG 1,784.62 RECREATION STAFF & PARTICIPANT SHIRTS 08/14/2018 CALIFORNIA BANK OF COMMERCE 11,447.25 RETENTION DEPOSIT-PUBLIC SAFETY COMPLEX 08/14/2018 CALTRONICS BUSINESS SYSTEMS 706.16 COPIES JUNE 2018 651.84 COPIES MAY 2018 Check Total: 1,358.00 08/14/2018 CAPIO 225.00 CA ASSN OF PUBLIC INFO OFFICALS DUES-JACKMAN 08/14/2018 CENTENO, CAMILLE 5.23 MILEAGE REIMBURSEMENT JUN 2018 08/14/2018 CHAN, ROSA 300.00 REC CLASS INSTRUCTOR 08/14/2018 COMMUNICATION ACADEMY 5,337.00 REC CLASS INSTRUCTOR 08/14/2018 COX, BARTON 1,344.60 REC CLASS INSTRUCTOR 08/14/2018 CROSSPULSE, INC. 1,350.00 COMMUNITY CONCERT PERFORMANCE 8/14/18 08/14/2018 DEPT OF INDUSTRIAL RELATIONS 97.50 OSHA WATERSLIDE INSPECTION FEES 08/14/2018 DHADWAL, RENUKA 378.06 REPLENISH PETTY CASH 08/14/2018 DIAZ, DANIELLE 26.33 MILEAGE REIMBURSEMENT MAY 2018 30.00 REIMB BUSINESS WRITING CLASS EXPENSE-DIAZ Check Total: 56.33 08/14/2018 DICKSON & ASSOCIATES, INC. 1,275.00 IRRIGATION DESIGN SERVICES-CLOVER PARK 08/14/2018 DUBLIN ICELAND INC. 8,372.00 REC CLASS INSTRUCTOR 08/14/2018 DUBLIN UNIFIED SCHOOL DISTRICT 71.32 STAGER GYM UTILITIES GAS 5/2/18-5/31/18 08/14/2018 EAST BAY POOL SERVICE, INC. 2,416.60 POOL CHEMICALS FOR THE WAVE 10,560.00 POOL MAINTENANCE SERVICES JUN 2018 Check Total: 12,976.60 08/14/2018 EOA, INC. 6,548.25 ON-LAND VISUAL TRASH ASSESSMENTS JUN 2018 08/14/2018 FALLON, DEBORAH P. 105.00 REC CLASS INSTRUCTOR 08/14/2018 FEHR & PEERS 14,536.00 BIKE & PED IMPROVEMENTS DESIGN AMADOR PLAZA 1,008.00 ENGINEERING SERVICES JUN 2018 Check Total: 15,544.00 4.6.a Packet Pg. 64 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 5 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/14/2018 FRANCHISE TAX BOARD 100.00 WAGE ASSIGNMENT: PE 8/3/18 08/14/2018 FRANCISCO & ASSOCIATES, INC. 28,768.59 ADMIN & AUDIT SVCS FOR VARIOUS CITY DISTRICTS 08/14/2018 FRANKLIN, RHONDA 104.53 MILEAGE REIMBURSEMENT JUN 2018 08/14/2018 FRESHI FILMS, LLC 2,507.40 REC CLASS INSTRUCTOR 08/14/2018 GOODYEAR TIRE & RUBBER COMPANY 956.85 POLICE VEHICLE TIRES 08/14/2018 GRAYBAR ELECTRIC 142.09 FREIGHT FOR ANTENNA MOUNTS 08/14/2018 GREASE TRAP CLEANERS, LLC 300.00 THE WAVE GREASE CLEANING SERVICES 08/14/2018 GREEN, JILLIAN 2,160.00 REC CLASS INSTRUCTOR 442.80 REC CLASS INSTRUCTOR Check Total: 2,602.80 08/14/2018 GREENBAUM, PAULA 541.11 REIMB SCHOOL RESOURCE OFFICERS CONF EXPENSES 08/14/2018 HARRELL HARRIS PHOTOGRAPHY 5,925.00 PHOTOGRAPHY SERVICES- REC, SWIM, CAMPS, SPORTS 08/14/2018 HATZIKOKOLAKIS, JACQUI 38.10 MILEAGE REIMBURSEMENT JUL 2018 08/14/2018 HAYTER, MYRNA 4.00 REC CLASS REFUND 08/14/2018 HAYWARD RUBBER STAMP CO INC 37.67 OFFICE SUPPLIES 08/14/2018 HEINZ DISPENSING SOLUTIONS 244.78 CONCESSION OPERATING SUPPLIES 08/14/2018 HER, JING YU 5.00 REC CLASS REFUND 08/14/2018 HSI, RON 21.60 REC CLASS INSTRUCTOR 08/14/2018 INTERNATIONAL CODE COUNCIL INC 625.00 INT'L CODE COUNCIL CONFERENCE REG-SHREEVE 08/14/2018 IRON MOUNTAIN 190.00 ACAP RECORDS STORAGE AUG 2018 08/14/2018 KAUR, DALJIT 500.00 HERITAGE PARK RENTAL DEPOSIT REFUND 08/14/2018 KIER & WRIGHT CIVIL ENGINEERS 11,762.00 ENGINEERING SERVICES JUN 2018 08/14/2018 KJC EDWARD LLC DBA TAKE1 SPORT 2,376.00 REC CLASS INSTRUCTOR 08/14/2018 KOLB, CLAUDETTE 5.00 REC CLASS REFUND 08/14/2018 LEHR AUTO 5,196.74 POLICE VEHICLE EMERGENCY EQUIPMENT 2,822.99 POLICE VEHICLE MAINTENANCE Check Total: 8,019.73 08/14/2018 LIAO, CHINGSHIOW 5.00 REC CLASS REFUND 08/14/2018 MEYERS NAVE 86,550.11 LEGAL SERVICES JUN 2018 08/14/2018 MOORE MEDICAL LLC 827.88 FIRST AID SUPPLIES - THE WAVE 08/14/2018 MURPHY, JEREMY & ROSARIO 500.00 SENIOR CENTER RENTAL DEPOSIT REFUND 08/14/2018 MURTAUGH, DARLA 107.39 MILEAGE REIMBURSEMENT JUL 2018 08/14/2018 NOR CAL STATE SOFTBALL 396.00 ADULT SOFTBALL REGISTRATION FEES 08/14/2018 OLIN CORPRATION - CHLOR ALKALI 1,908.16 POOL CHEMICALS FOR THE WAVE 08/14/2018 ORIGINAL WATERMEN, INC. 7,012.17 THE WAVE STAFF UNIFORMS 08/14/2018 OZUNA, CHELSEA 8,745.00 REC CLASS INSTRUCTOR 08/14/2018 PARNES, REBECCA 15.26 MILEAGE REIMBURSEMENT JUN 2018 08/14/2018 PHOENIX GROUP INFO SYS. 269.05 PARKING CITATION PROCESSING JUN 2018 08/14/2018 PIZZA GUYS 656.00 THE WAVE PARTY PACKAGE SUPPLIES 08/14/2018 PUBLIC BENEFIT TECHNOLOGY 410.00 CITY COUNCIL MEETING VIDEO SVCS JUN 2018 08/14/2018 RADAR SHOP INC, THE 822.50 RADAR & LIDAR RE-CERTIFICATIONS 08/14/2018 RASMUSSEN, ALICIA 28.61 MILEAGE REIMBURSEMENT JUL 2018 08/14/2018 ROCHA, VICTORIA 100.00 REC FAMILY CAMPOUT ENTERTAINMENT 08/14/2018 SAN RAMON VALLEY OFFICIALS 4,264.00 ADULT SOFTBALL OFFICIATING SERVICES 08/14/2018 SAUSAL CORPORATION 219,397.74 PUBLIC SAFETY COMPLEX CONSTRUCTION 08/14/2018 SCOTT, SUZETTE 4.00 REC CLASS REFUND 08/14/2018 SELECT IMAGING 541.72 RETIREMENT CLOCKS 133.01 RECREATION SUPPLIES Check Total: 674.73 4.6.a Packet Pg. 65 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 6 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/14/2018 SIERRA DISPLAY, INC. 11,457.91 BANNER INSTALLATION & CHANGE-OUT SVCS 08/14/2018 SKYHAWKS EAST BAY 4,618.20 REC CLASS INSTRUCTOR 08/14/2018 SMITH, ANGELICA T 103.11 MILEAGE REIMBURSEMENT APR 2018 08/14/2018 STANFORD HEALTH -VALLEYCARE 297.00 PRE-EMPLOYMENT MEDICAL SCREENINGS 08/14/2018 TJENG, YULIANA 24.09 MILEAGE REIMBURSEMENT JUL 2018 08/14/2018 TOLEDO, CARMELA 50.00 REC CLASS REFUND 08/14/2018 TREASURER ALAMEDA COUNTY 7,931.85 POLICE CRIME LAB SERVICES JUN 2018 6,280.10 POLICE CRIME LAB SERVICES MAY 2018 Check Total: 14,211.95 08/14/2018 TREASURER ALAMEDA COUNTY 1,753.00 PARKING CITATIONS COLLECTED JUN 2018 Vendor Total: 15,964.95 08/14/2018 TRI-VALLEY JANITORIAL INC. 3,661.01 EXTRA JANITORIAL SERVICES JUL 2018 3,659.32 JANITORIAL SUPPLIES JUL 2018 Check Total: 7,320.33 08/14/2018 U.S. POSTAL SERVICE 225.00 MARKETING MAIL PERMIT FEES 08/14/2018 VALBRIDGE PROPERTY ADVISORS 4,000.00 PROPERTY APPRAISAL FEE- SCARLETT DR 08/14/2018 VASUDEVAN, PRIYA 564.00 REC CLASS INSTRUCTOR 08/14/2018 W. BRADLEY ELECTRIC 269,656.56 SAN RAMON RD ARTERIAL MGMT CONSTRUCTION 08/14/2018 WEE HOOP, INC. 1,764.00 REC CLASS INSTRUCTOR 08/14/2018 WEISS, ROBIN S. 333.00 REC CLASS INSTRUCTOR 08/14/2018 WESCO GRAPHICS INC 6,871.65 CITY REPORT & ACTIVITY GUIDE PRINTING 08/14/2018 WETHERFORD, HAZEL 32.26 MILEAGE REIMBURSEMENT JUN 2018 08/14/2018 WILKINSON, JENNIFER 110.46 REIMB HR DEVELOPMENT & ADMIN TRNG EXPENSES 08/14/2018 WILLDAN HOMELAND SOLUTIONS 3,148.50 DISASTER PREPAREDNESS CONSULTING SERVICES 08/14/2018 WU, PATRICIA 18.00 SENIOR CENTER VAN DRIVER MEAL REIMBURSEMENT 08/14/2018 YOUNG REMBRANDTS 1,767.00 REC CLASS INSTRUCTOR 08/14/2018 ZUMWALT ENGINEERING GROUP 23,235.00 ENGINEERING SERVICES JUN 2018 Payments Issued 8/14/2018 Total: 3,242,893.21 08/15/2018 DEEP IN THE HEART ART FOUNDRY 18,500.00 SPIRIT OF ALAMILLA SPRING PUBLIC ART PROJECT 08/15/2018 DEEP IN THE HEART ART FOUNDRY 16,000.00 SPIRIT OF ALAMILLA SPRING PUBLIC ART PROJECT Vendor Total: 34,500.00 08/15/2018 DSRSD 18,364.21 SERVICE TO 7/14/2018 Payments Issued 8/15/2018 Total: 52,864.21 08/20/2018 ALAMEDA COUNTY ENVIRONMENTAL 834.00 HAZMAT FILING FEE FIRE STATION #16 834.00 HAZMAT FILING FEE-SHANNON PARK WATER PLAY AREA Check Total: 1,668.00 08/20/2018 ALAMEDA COUNTY FIRE DEPARTMENT 1,121,937.92 FIRE SERVICES AUG 2018 08/20/2018 ALL CITY MANAGEMENT SVCS INC 8,101.20 CROSSING GUARD SERVICES - 5/20/18 TO 6/2/18 753.60 CROSSING GUARD SERVICES - 6/17/18 TO 6/30/18 301.44 CROSSING GUARD SERVICES - 6/3/18 TO 6/16/18 Check Total: 9,156.24 08/20/2018 AMERIPRIDE UNIFORM SERVICES 92.18 THE WAVE CONCESSION TOWELS & APRON CLEANING 08/20/2018 AMY'S ENGRAVED SIGNS & AWARDS 240.35 COUNCIL CHAMBER NAMEPLATES- GOEL & BUTLER 4.6.a Packet Pg. 66 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 7 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/20/2018 ANANTHAN, STEFANIE 17.99 MILEAGE REIMBURSEMENT JUL 2018 08/20/2018 ARMANIOS, NADER 250.00 EMERALD GLEN FIELD RENTAL DEPOSIT REFUND 08/20/2018 ARORA, AKSHAY 16,113.00 REC CLASS INSTRUCTOR 08/20/2018 AT&T - CALNET 3 283.66 SERVICE TO 07/26/18 100.16 SERVICE TO 07/27/18 113.41 SERVICE TO 08/01/18 44.37 SERVICE TO 08/06/18 Check Total: 541.60 08/20/2018 BATGHARE, SHUBHANGINI 107.00 REC CLASS WITHDRAWAL REFUND 08/20/2018 BAY AREA NEWS GROUP 615.42 LEGAL NOTICES JUL 2018 90.16 LEGAL NOTICES JUN 2018 264.16 PLANNING LEGAL NOTICES JUL 2018 Check Total: 969.74 08/20/2018 BAY ISLAND OFFICIAL ASSOC 384.00 SPORTS OFFICIATING SERVICES 08/20/2018 BELLECCI & ASSOCIATES, INC. 50,973.12 DESIGN SERVICES DUBLIN BLVD IMPROVEMENTS 12,960.70 DUBLIN BLVD WIDENING DESIGN PROJECT Check Total: 63,933.82 08/20/2018 BYOG 656.26 REC STAFF & REC CLASS PARTICIPANT SHIRTS 08/20/2018 CADENCE SPORTS ACADEMY, INC 1,967.40 REC CLASS INSTRUCTOR 08/20/2018 CALICO CENTER 2,971.70 COMMUNITY SUPPORT GRANT APR-JUN 2018 08/20/2018 CASTRO VALLEY PERFORMING ARTS 1,537.80 REC CLASS INSTRUCTOR 08/20/2018 CENTENO, CAMILLE 13.08 MILEAGE REIMBURSEMENT JUL 2018 08/20/2018 CHABOT-LAS POSITAS COLLEGE (VITA GRANT) 7,000.00 COMMUNITY SUPPORT GRANT SEP 2017-FEB 2018 08/20/2018 CHABOT-LAS POSITAS COLLEGE (JOBS INITIATIVE) 13,500.00 COMMUNITY SUPPORT GRANT SEP 2017-JAN 2018 Check Total: 20,500.00 08/20/2018 CHALLENGER SPORTS CORP 3,385.80 REC CLASS INSTRUCTOR 08/20/2018 CHANDLER ASSET MANAGEMENT 10,048.17 INVESTMENT CONSULTING SERVICES JUL 2018 10,047.80 INVESTMENT CONSULTING SERVICES JUN 2018 Check Total: 20,095.97 08/20/2018 CHILD CARE LINKS 3,989.40 COMMUNITY SUPPORT GRANTJAN-JUN 2018 08/20/2018 CHOI, YONGSUK 99.00 REC CLASS REFUND 08/20/2018 COMMUNITY RESOURCES FOR INDEPENDENT LIVING 765.81 COMMUNITY SUPPORT GRANT JUN 2018 1,448.17 COMMUNITY SUPPORT GRANT MAY 2018 Check Total: 2,213.98 08/20/2018 CONVERGEONE, INC. 23,940.95 CISCO SMARTNET ANNUAL MAINTENANCE RENEWAL 08/20/2018 COSTCO MEMBERSHIP 180.00 MEMBERSHIP RENEWAL-P&CS DEPT 08/20/2018 COX, BARTON 2,241.00 REC CLASS INSTRUCTOR 08/20/2018 CRANFORD, ROBIN 756.00 REC CLASS INSTRUCTOR 08/20/2018 DAHLIN GROUP INC 38,127.50 AQUATIC COMPLEX ARCHITECTURAL DESIGN SVCS 08/20/2018 DARLING INGREDIENTS INC. 274.71 GREASE TRAP SERVICING-SENIOR CENTER 08/20/2018 DEAF COUNSELING ADVOCACY 2,349.58 COMMUNITY SUPPORT GRANT APR-JUN 2018 08/20/2018 DKS ASSOCIATES 1,162.50 DESIGN SVCS INTERSECTION IMPROV-AVB/WILDWOOD 08/20/2018 DU-ALL SAFETY, LLC 2,392.50 SAFETY CONSULTING & INSPECTION SERVICES 08/20/2018 DUNBAR ARMORED INC 550.58 ARMORED CAR SERVICE AUG 2018 08/20/2018 DUTCHOVER & ASSOCIATES 6,180.00 PLAN CHECK & INSPECTION SERVICES JUL 2018 08/20/2018 EASTER SEALS BAY AREA 14,400.00 COMMUNITY SUPPORT GRANT FY17-18 08/20/2018 EDEN I & R INC 9,400.00 COMMUNITY SUPPORT GRANT FY17-18 08/20/2018 EVERYTHING GROWS INTERIOR 139.05 PLANT SERVICE AUG 2018 4.6.a Packet Pg. 67 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 8 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/20/2018 FEDEX 227.30 EXPRESS SHIPPING JUL 2018 08/20/2018 FRANKLIN, RHONDA 34.12 MILEAGE REIMBURSEMENT JUL 2018 08/20/2018 GEOSYNTEC CONSULTANTS, INC. 8,152.45 GREEN INFRASTRUCTURE/STORMWTR RESOURCE PLAN 08/20/2018 GHD, INC. 2,572.00 TRAFFIC SAFETY STUDY UPDATE 08/20/2018 GONZALEZ, FRANCISCA 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 08/20/2018 GOODWIN CONSULTING GROUP, INC. 5,827.50 CFD SPECIAL TAX ADMINISTRATION CONSULTING 08/20/2018 HARRELL HARRIS PHOTOGRAPHY 1,050.00 CITY EVENTS PHOTOGRAPHY SERVICES 200.00 PHOTOGRAPH EDITING SERVICES Check Total: 1,250.00 08/20/2018 HAUBERT, DAVID 2,649.95 REIMB U.S. CONF OF MAYORS CONF EXPENSES 08/20/2018 IBE, MARVIN 180.00 REC CLASS INSTRUCTOR 08/20/2018 INCREDIFLIX, INC 2,142.00 REC CLASS INSTRUCTOR 08/20/2018 JOCHNER, RICH 118.81 MILEAGE REIMBURSEMENT JUL 2018 08/20/2018 KASSAB, ZINA 1,020.00 REC CLASS INSTRUCTOR 08/20/2018 KINDERMUSIK W/ MS LINDSAY & 288.00 REC CLASS INSTRUCTOR 08/20/2018 KLUBER ASSOCIATES, INC 2,175.00 LANDSCAPE PLAN CHECK & INSPECTION SVCS 08/20/2018 LEGAL ASSISTANCE FOR SENIORS 6,099.75 COMMUNITY SUPPORT GRANT JAN-JUN 2018 08/20/2018 LEHR AUTO 9,091.70 POLICE VEHICLE EMERGENCY EQUIPMENT 08/20/2018 LIM, TAEHYUN 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 08/20/2018 LOEWKE PLANNING ASSOCIATES 8,280.00 PLAN CHECK & INSPECTION SERVICES JUL 2018 08/20/2018 MAKE ME A PRO SPORTS 917.40 REC CLASS INSTRUCTOR 08/20/2018 METTS, DZUNG 12.00 REC CLASS REFUND 08/20/2018 MGT OF AMERICA, LLC 1,150.00 SB90 CLAIMS PROCESSING 08/20/2018 MNS ENGINEERS, INC. 189,092.01 CONSTRUCTION ADMIN-DOUGHERTY RD IMPROVEMENTS 08/20/2018 NAJIA HAMID AFGHAN ELDERLY ASC 250.00 EMERALD GLEN PARK RENTAL DEPOSIT REFUND 08/20/2018 OLIN CORPRATION - CHLOR ALKALI 1,691.99 POOL CHEMICALS FOR THE WAVE 08/20/2018 ONE WORKPLACE L. FERRARI LLC 21,528.65 WORK STATIONS FOR PLANNING & BLDG DIVISION 148.75 OFFICE PLANNING/DESIGN FOR PUBLIC SAFETY COMPLEX Check Total: 21,677.40 08/20/2018 OZUNA, CHELSEA 3,630.00 REC CLASS INSTRUCTOR 08/20/2018 PALLEN, ROBERT JAMES 250.00 EMERALD GLEN FIELD RENTAL DEPOSIT REFUND 08/20/2018 PARNES, REBECCA 21.36 REIMB STATE ENERGY EFFICIENCY CONF EXP-PARNES 08/20/2018 PAULSEN, JANET 72.00 REC CLASS REFUND 08/20/2018 PG&E 151.78 SERVICE TO 07/11/18 64,649.75 SERVICE TO 07/15/18 10,307.24 SERVICE TO 07/16/18 4,144.84 SERVICE TO 07/24/18 101.80 SERVICE TO 07/25/18 150.84 SERVICE TO 07/27/18 13.69 SERVICE TO 07/28/18 231.16 SERVICE TO 07/29/18 2,340.74 SERVICE TO 07/30/18 5,257.70 SERVICE TO 07/31/18 122.16 SERVICE TO 08/06/18 Check Total: 87,471.70 08/20/2018 PHUNG, FINNIE 253.60 REC CLASS REFUND 08/20/2018 PLAY-WELL TEKNOLOGIES 4,012.80 REC CLASS INSTRUCTOR 08/20/2018 PLEASANTON, CITY OF 13,952.60 HUD SECTION 108 LOAN PAYMENT 4.6.a Packet Pg. 68 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 9 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/20/2018 ROTARY CLUB OF DUBLIN, CA 540.00 ROTARY CLUB ANNUAL DUES- L.SMITH 08/20/2018 RRM DESIGN GROUP, A CA CORP 4,503.75 ENGINEERING SERVICES JUN 2018 6,415.00 PLANNING SERVICES JUL 2018 Check Total: 10,918.75 08/20/2018 SAEPHAN, WAYNE 51.00 THE WAVE TICKET REFUND 08/20/2018 SAN RAMON, CITY OF 59,034.47 DRFA WORKERS COMP/MEDICAL BENEFITS APR-JUN 2018 08/20/2018 SCOTT, SHERRI 8.00 REC CLASS REFUND 08/20/2018 SELECT IMAGING 67.30 OFFICE SUPPLIES 08/20/2018 SENIOR SUPPORT PROGRAM 3,637.00 COMMUNITY SUPPORT GRANT APR-JUN 2018 3,238.66 COMMUNITY SUPPORT GRANT JAN-MAR 2018 Check Total: 6,875.66 08/20/2018 SF ART CONSERVATION 8,350.00 PUBLIC ART MAINTENANCE & REPAIR 08/20/2018 SIMPLER SYSTEMS, INC 1,500.00 SIMPLER SOFTWARE LICENSING AUG 2018 08/20/2018 SKYHAWKS EAST BAY 2,255.40 REC CLASS INSTRUCTOR 08/20/2018 SNG & ASSOCIATES INC. 25,862.25 ENGINEERING SERVICES JUN 2018 08/20/2018 SOTO, CAROLINE 30.34 MILEAGE REIMBURSEMENT AUG 2018 08/20/2018 SOUTH BAY BRONZE & ALUM 1,179.90 THE WAVE BRONZE PLAQUE 08/20/2018 SPECTRUM COMMUNITY SVCS INC. 785.47 COMMUNITY SUPPORT GRANT JUN 2018 08/20/2018 STUDIO 8 DANCE & PERFORMING 1,153.20 REC CLASS INSTRUCTOR 08/20/2018 SWANK MOTION PICTURES INC 878.00 MOVIE RENTAL - OUTDOOR MOVIE NIGHT 08/20/2018 THE UPS STORE 6449 607.00 LIVESCAN MOBILE SERVICES JUN 2018 75.00 LIVESCAN MOBILE SERVICES JUL 2018 Check Total: 682.00 08/20/2018 TORRES, FERNANDO 500.00 SENIOR CENTER RENTAL DEPOSIT REFUND 08/20/2018 TREASURER ALAMEDA COUNTY 23,237.60 JAIL BOOKING FEES JUN 2018 08/20/2018 TRI-SIGNAL INTEGRATION INC 126.00 QUARTERLY FIRE ALARM TESTING-FIRE STATIONS 323.75 QUARTERLY FIRE ALARM TESTING-LIBRARY Check Total: 449.75 08/20/2018 TRI-VALLEY HAVEN, INC 4.00 COMMUNITY SUPPORT GRANT JUN 2018 4,452.18 COMMUNITY SUPPORT GRANT MAY 2018 Check Total: 4,456.18 08/20/2018 VALLEY WINDOW CLEANING INC 130.00 WINDOW CLEANING SERVICES-P&CS NEW OFFICES 1,550.00 WINDOW CLEANING SERVICES-SHANNON CENTER Check Total: 1,680.00 08/20/2018 VSI RISK MGMT & ERGONOMICS INC 1,345.00 ERGONOMIC EVALUATIONS 08/20/2018 WESCO GRAPHICS INC 5,034.41 CITY REPORT & ACTIVITY GUIDE PRINTING 08/20/2018 WEST CORPORATION 616.83 SECURITY SYSTEM REPAIR-CIVIC CENTER 08/20/2018 WETHERFORD, HAZEL 32.37 MILEAGE REIMBURSEMENT JUL 2018 Payments Issued 8/20/2018 Total: 1,908,523.92 08/21/2018 PLEASANTON, CITY OF 73,196.64 TVBID FEES COLLECTED FOR APR-JUN 2018 08/21/2018 SELECT IMAGING 2,072.76 POSTAGE FOR BUSINESS LICENSE RENEWAL MAILING Payments Issued 8/21/2018 Total: 75,269.40 08/22/2018 U S BANK ST. PAUL 315,023.53 SPECIAL TAX REVENUE COLLECTED CFD 2015-1 Payments Issued 8/22/2018 Total: 315,023.53 4.6.a Packet Pg. 69 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 10 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/24/2018 CAL PERS 75,236.53 PERS RETIREMENT PLAN: PE 8/17/18 08/24/2018 CAL PERS HEALTH PREMIUM 128,120.30 HEALTH INSURANCE PREMIUM - SEPT 2018 08/24/2018 DELTA DENTAL OF CALIFORNIA 12,268.73 DELTA DENTAL PREMIUM - SEPT 2018 08/24/2018 EMPLOYMENT DEVELOPMENT DEPT 17,110.21 CA STATE WITHHOLDING: PE 8/17/18 08/24/2018 I C M A 401 PLAN 945.00 DEFERRED COMP 401A: PE 8/17/18 08/24/2018 I C M A 457 PLAN 25,117.57 DEFERRED COMP 457: PE 8/17/18 08/24/2018 INTERNAL REVENUE SERVICE 54,707.20 FEDERAL WITHHOLDING: PE 8/17/18 08/24/2018 US BANK - PARS 6,355.81 PARS: PE 8/17/18 08/24/2018 VISION SERVICE PLAN - (CA) 1,356.18 VISION INSURANCE PREMIUM - SEPT 2018 08/24/2018 WAGEWORKS, INC. 3,685.63 WAGEWORKS 2018: PE 8/17/18 Payments Issued 8/24/2018 Total: 324,903.16 08/27/2018 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES JUL 2018 08/27/2018 4LEAF INC. 145,827.50 BUILDING INSPECTION & PLAN CHECK SVCS JUL 2018 543.00 BUILDING INSPECTIONS SERVICES-CIP JUL 2018 Check Total: 146,370.50 08/27/2018 ALAMEDA COUNTY ENVIRONMENTAL 1,031.00 HEALTH PERMIT FEES FOR THE WAVE CONCESSION 08/27/2018 ALL CITY MANAGEMENT SVCS INC 323.04 CROSSING GUARD SERVICES - 7/1/18 TO 7/14/18 08/27/2018 AMP PRINTING, INC. 833.84 CITY EVENTS & ACTIVITY PRINTING 08/27/2018 ARORA, AKSHAY 5,629.80 REC CLASS INSTRUCTOR 08/27/2018 BAY ALARM COMPANY 7,712.22 ALARM SERVICES JUL-SEP 2018 08/27/2018 BHARWANI, NEIL 112.00 REC CLASS WITHDRAWAL REFUND 08/27/2018 BIG O TIRES #7 356.77 POLICE VEHICLE TIRES & MAINTENANCE 08/27/2018 BPXPRESS 70.90 PRINTING SERVICES-POLICE SVCS BLDG PROJECT 08/27/2018 BUZON, PORSIA 195.00 PRESCHOOL REFUND 08/27/2018 BYOG 1,251.57 YELLOW COMMAND EXERCISE SUPPLIES 08/27/2018 CALED 100.00 CALED MEMBERSHIP DUES-IARLA 08/27/2018 CALERO SOFTWARE LLC 285.88 CALL ACCOUNTING SOFTWARE MAINTENANCE 08/27/2018 CDW GOVERNMENT INC 1,544.00 MICROSOFT OFFICE 365 LICENSES 08/27/2018 CHARGE POINT, INC. 20,506.71 INSTALL ELECTRIC VEHICLE CHARGING STATIONS 08/27/2018 CMC NEPTUNE 1,080.00 MUSIC FOR PUBLIC ANNOUNCEMENT SYSTEM 08/27/2018 COIT SERVICES, INC. 374.00 CARPET CLEANING SERVICES-SENIOR CENTER 1,380.00 CARPET CLEANING SERVICES-SHANNON CENTER Check Total: 1,754.00 08/27/2018 COMCAST 1,247.34 INTERNET & CABLE SERVICE TO 7/10/18 08/27/2018 COMCAST 2,300.00 CIVIC CENTER & FIRE STATION INTERNET TO 7/30/18 08/27/2018 CONTRACT SWEEPING SERVICES 11,357.15 STREET SWEEPING SERVICES JUL 2018 08/27/2018 DESILVA GATES CONSTRUCTION LP 1,077,455.80 SAN RAMON RD STREET RESURFACING PROJECT 08/27/2018 DSRSD 245.39 SERVICE TO 6/21/2018 08/27/2018 ELEMISHA VOLLEYBALL 250.00 TED FAIRFIELD PARK RENTAL DEPOSIT REFUND 08/27/2018 EVONC, JOSEPHINE H. 3,780.00 REC CLASS INSTRUCTOR 08/27/2018 FRANCHISE TAX BOARD 100.00 WAGE ASSIGNMENT: PE 8/17/18 08/27/2018 GLOBAL MANAGEMENT AMUSEMENT 25,200.00 THE WAVE CONCESSION OPERATIONS SERVICES 08/27/2018 GOLDEN STATE FLEET SVCS INC 250.00 POLICE MOTORCYCLE TOW 08/27/2018 GOLDEN STATE WARRIORS LLC 1,320.00 JUNIOR WARRIORS UNIFORMS 08/27/2018 HD SUPPLY CONST & INDUSTRIAL 5.66 PUBLIC WORKS INSPECTOR SUPPLIES 08/27/2018 HDL COREN & CONE 1,639.02 PROPERTY TAX CONSULTING SVCS JUL-SEP 2018 4.6.a Packet Pg. 70 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 11 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/27/2018 HINDERLITER, DE LLAMAS & ASSOC 11,017.77 SALES TAX AUDIT CONSULTING JUL-SEP 2018 08/27/2018 HOLMES, SHEILA M. 383.40 REC CLASS INSTRUCTOR 08/27/2018 INDIGO/HAMMOND + PLAYLE 39,876.50 ARCHITECTURAL DESIGN-POLICE BLDG RENOVATION 08/27/2018 INTERIOR MOTIONS 1,708.51 CHAIRS FOR THE WAVE TICKET WINDOW 08/27/2018 KANG, MANDY 101.95 REIMB FOR TEAM DUBLIN BBQ SUPPLIES 08/27/2018 KEYSER MARSTON ASSOCIATES, INC 10,351.25 FISCAL ANALYSIS ON AT DUBLIN PROJECT 1,630.00 FISCAL ANALYSIS ON IKEA RETAIL CENTER PROJECT Check Total: 11,981.25 08/27/2018 KIM, SUN 5.00 RECREATION REFUND 08/27/2018 LAI & ASSOCIATES 5,100.00 GEOTECHNICAL SERVICES-FALLON SPORTS PARK 08/27/2018 LANGUAGE LINE SERVICES 9.50 LANGUAGE LINE SERVICES JUL 2018 08/27/2018 LANLOGIC INC. 2,367.50 INFORMATION SYSTEMS CONSULTING SVCS JUL 2018 150.80 WIRELESS ACCESS POINTS AT THE WAVE Check Total: 2,518.30 08/27/2018 LEHR AUTO 5,143.48 POLICE VEHICLE EMERGENCY EQUIPMENT 1,662.12 POLICE VEHICLE MAINTENANCE Check Total: 6,805.60 08/27/2018 LEXISNEXIS RISK SOLUTIONS 192.75 DATABASE SEARCHES JUL 2018 08/27/2018 MARTIAL ARTS AMERICA 647.50 REC CLASS INSTRUCTOR 08/27/2018 MARTIN & CHAPMAN CO. 52.61 ELECTION MATERIALS 08/27/2018 MCE CORPORATION 376,413.79 BUILDING MAINTENANCE JUL 2018 624.31 DSRSD ADDITIONAL MAINTENANCE JUL 2018 9,497.42 DSRSD MAINTENANCE JUL 2018 Check Total: 386,535.52 08/27/2018 MEIN, STEPHANIE 28.12 MILEAGE REIMBURSEMENT JUL 2018 08/27/2018 MESSAGE ONE, INC. 13,453.17 EMAIL CONTINUITY SERVICES 08/27/2018 MINUTEMAN PRESS 1,035.69 SENIOR CENTER NEWSLETTING PRINTING-FALL 2018 08/27/2018 NORCAL MUNI HR MGRS GROUP 170.00 CONF REG MUNICIPAL HR MANAGERS GROUP-CARTER 08/27/2018 ONE WORKPLACE L. FERRARI LLC 10,263.64 OFFICE FURNITURE 08/27/2018 PAKPOUR CONSULTING GROUP, INC. 19,259.63 PROJECT MGMT-SAN RAMON RD OVERLAY JUL 2018 08/27/2018 PLAN JPA 3,908.00 INSURANCE CLAIMS EXPENSE 08/27/2018 PRESLEY, MARIA 250.00 EMERALD GLEN PARK RENTAL REFUND 08/27/2018 PRIME TIME ENTERTAINMENT INC 2,850.00 FARMERS' MARKET ENTERTAINMENT 08/27/2018 PROPAC, INC. 30,671.13 SHELTER TRAILER WITH CARE SUPPLIES 08/27/2018 RAYNE OF SAN JOSE 303.76 WATER SOFTENER SERVICES FIRE STATION 16 343.98 WATER SOFTENER SERVICES FIRE STATION 17 255.78 WATER SOFTENER SERVICES FIRE STATION 18 Check Total: 903.52 08/27/2018 RHAA 3,637.00 DOWNTOWN STREETSCAPE MASTER PLAN 08/27/2018 SAN FRANCISCO ELEVATOR SVC INC 315.00 ELEVATOR MAINTENANCE & INSPECTIONS JUN 2018 315.00 ELEVATOR MAINTENANCE & INSPECTIONS JUL 2018 Check Total: 630.00 08/27/2018 SELECT IMAGING 1,024.12 BUSINESS LICENSE RENEWALS PRINTING & MAILING 1,239.66 CITY ENVELOPES 540.66 PRINTING OF GAS METER TAGS Check Total: 2,804.44 08/27/2018 SHAMROCK OFFICE SOLUTIONS INC 2,927.46 COPIES JUN 2018 08/27/2018 TECHSPLOSION 1,925.16 REC CLASS INSTRUCTOR 08/27/2018 T-MOBILE USA, INC. 450.90 CELL PHONE SERVICES JUN 2018 4.6.a Packet Pg. 71 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Print Date: 09/05/2018 City of Dublin Page 12 of 12 Payment Issuance Report Payments Dated 8/1/2018 through 8/31/2018 Date Issued Payee Amount Description 08/27/2018 TPX COMMUNICATIONS 2,572.93 INTERNET & PHONE SERVICES AUG 2018 08/27/2018 TRB AND ASSOCIATES, INC. 37,980.00 INSPECTION & PLAN CHECK SERVICES JUL 2018 08/27/2018 TREASURER ALAMEDA COUNTY 9,038.54 ANIMAL CONTROL FIELD SERVICES APR-JUN 2018 52,252.20 ANIMAL SHELTER SERVICES APR-JUN 2018 3,320,079.57 POLICE SERVICES 04/22/18-06/30/18 Check Total: 3,381,370.31 08/27/2018 TREASURER ALAMEDA COUNTY 422.50 CRIME LAB SERVICES JUL 2018 Vendor Total: 3,381,792.81 08/27/2018 TRI VALLEY YOUNG PERFORMERS 10,800.00 REC CLASS INSTRUCTOR 08/27/2018 TRI-VALLEY JANITORIAL INC. 19,649.00 JANITORIAL SERVICES AUG 2018 08/27/2018 UNITED SITE SERVICES OF CA INC 630.85 DISPOSAL SERVICES AUG 2018 630.85 DISPOSAL SERVICES JUL 2018 Check Total: 1,261.70 08/27/2018 URBAN LAND INSTITUTE 3,000.00 DOWNTOWN DUBLIN RETAIL TECH ASSISTANCE PANEL 08/27/2018 USBMEMORYDIRECT 8,200.00 SPLATTER FESTIVAL SUPPLIES 08/27/2018 VALI COOPER & ASSOCIATES INC 26,342.71 SAN RAMON OVERLAY PROJ INSPECTION SERVICES 08/27/2018 WARMINGTON RESIDENTIAL 500.00 REFUND OF CASH COMPLETION BOND DEPOSIT 08/27/2018 WC3-WEST COAST CODE CONSULTANT 14,220.00 INSPECTION & PLAN CHECK SERVICES JUL 2018 08/27/2018 WEST CORPORATION 362.50 SERVICE CALL- INSTALL SOFTWARE FOR PW MGR Payments Issued 8/27/2018 Total: 5,384,093.26 08/28/2018 CALPERS 700.00 FEES FOR GASB 68 REPORTS & SCHEDULES 08/28/2018 CITY OF VALLEJO 300,000.00 DUBLIN BLVD RULE 20A CREDITS PURCHASE 08/28/2018 SELECT IMAGING 662.47 BUSINESS LICENSE RENEWAL MAILING SERVICES Payments Issued 8/28/2018 Total: 301,362.47 08/30/2018 DSRSD 369,045.19 SERVICES TO 7/31/2018 08/30/2018 UNUM LIFE INS CO OF AMERICA 11,952.71 LIFE AND AD&D PREMIUM - SEPT 2018 Payments Issued 8/30/2018 Total: 380,997.90 08/31/2018 RETIREES 155,536.55 REIMBURSE RETIREE MEDICAL OCT-DEC 2018 08/31/2018 GONZALES, DANIEL 10,000.00 GENERAL RELEASE PER AGREEMENT Payments Issued 8/31/2018 Total: 165,536.55 Grand Total for Payments Dated 8/1/2018 through 8/31/2018 : 14,763,832.82 Total Number of Payments Issued: 425 4.6.a Packet Pg. 72 Attachment: 1. Payment Issuance Report for August 2018 (Payment Issuance Report for August 2018) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Water Efficient Landscape Ordinance (PLPA-2018-00018) Prepared by: Martha Battaglia, Associate Planner EXECUTIVE SUMMARY: State Law requires local agencies to adopt the State of California Model Water Efficient Landscape Ordinance or adopt their own Ordinance that is at least as effective in conserving water as the State’s Ordinance. The City of Dublin has prepared a Water Efficient Landscape Ordinance that is based on the current State Model Ordinance. Minor modifications have been made to the Model Ordinance to address the specific needs of Dublin while remaining at least as effective in conserving water as the State’s Model Ordinance. The City Council will consider adopting this Ordinance. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Deleting Dublin Municipal Code Chapter 8.88 Relating to Water-Efficient Landscaping Regulations and Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations. FINANCIAL IMPACT: None. DESCRIPTION: In 1990, Assembly Bill (AB) 325 was passed, establishing the first California Model Water Efficient Landscape Ordinance (Model WELO) to conserve the use of water to irrigate landscaping. AB 1881 was subsequently adopted in 2006 and directed the Department of Water Resources (DWR) to update the Model WELO. Local agencies were required to adopt the Model WELO or a similarly effective Ordinance to regulate the use of water to irrigate public and private landscapes. The City of Dublin subsequently adopted Water Efficient Landscape Regulations (Zoning Ordinance Chapter 8.88) to comply with the then current Model WELO. 4.7 Packet Pg. 73 Page 2 of 2 The Model WELO has again been updated based on the Executive Order of Governor Brown. The Governor’s Executive Order further requires local agencies to adopt the updated State of California Model Water Efficient Landscape Ordinance or adopt their own Ordinance that is at least as effective in conserving water as the State’s Ordinance. The Model WELO is adopted by default if a local agency takes no action. The City of Dublin has prepared a Water Efficient Landscape Ordinance that is based on the current State Model Ordinance. Minor modifications have been made to the Model Ordinance to address the specific needs of Dublin while remaining at least as effective in conserving water as the State’s Model Ordinance. Please refer to Attachment 1 for additional information regarding the proposed Ordinance. At the September 4, 2018 City Council meeting, the City Council waived the reading and introduced an Ordinance adopting Water Efficient Landscape Regulations. The City Council will consider waiving the second reading and adopting the Zoning Ordinance amendment related to the Water Efficient Landscaping Regulations (Attachment 2). ENVIRONMENTAL REVIEW: This Ordinance is exempt from environmental review pursuant to Section 15307 of the State California Environmental Quality Act Regulations (14 Cal. Code Regs. Section 15307). Section 15307 establishes a Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for the protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City and will not result in cumulative adverse environmental impacts. ATTACHMENTS: 1. City Council Staff Report dated September 4, 2018 without attachments 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations 4.7 Packet Pg. 74 Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: September 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Water Efficient Landscape Ordinance (PLPA-2018-00018) Prepared by: Martha Battaglia, Associate Planner EXECUTIVE SUMMARY: State Law requires local agencies to adopt the State of California Model Water Efficient Landscape Ordinance or adopt their own Ordinance that is at least as effective in conserving water as the State’s Ordinance. The City of Dublin has prepared a Water Efficient Landscape Ordinance that is based on the current State Model Ordinance. Minor modifications have been made to the Model Ordinance to address the specific needs of Dublin while remaining at least as effective in conse rving water as the State’s Model Ordinance. The City Council will consider introducing this Ordinance for adoption. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and waive the reading and INTRODUCE an Ordinance Deleting Dublin Municipal Code Chapter 8.88 relating to Water-Efficient Landscaping Regulations and Adopting a New Chapter 8.88 relating to Water -Efficient Landscaping Regulations. DESCRIPTION: In 1990, Assembly Bill (AB) 325 was passed, establishing the first California Model Water Efficient Landscape Ordinance (Model WELO) to conserve the use of water to irrigate landscaping. AB 1881 was subsequently adopted in 2006 and directed the Department of Water Resources (DWR) to update the Model WELO. Local agencies were required to adopt the Model WELO or a similarly effective Ordinance to regulate the use of water to irrigate public and private landscapes. The City of Dublin subsequently adopted Water Efficient Landscape Regulations (Zoning Ordinance Chapter 8.88) to comply with the then current Model WELO. The Model WELO has again been updated based on the Executive Order of Governor Brown. The Governor’s Executive Order further requires local agencies to adopt the updated State of California Model Water Efficient Landscape Ordinance or adopt their 4.7.a Packet Pg. 75 Attachment: 1. City Council Staff Report dated September 4, 2018 without attachments (Water Efficient Landscape Ordinance (PLPA-2018- Page 2 of 4 own Ordinance that is at least as effective in conserving water as the State’s Ordinance. The Model WELO is adopted by default if a local agency takes no action. The updated Model WELO promotes the values and benefits of landscapes while simultaneously recognizing the need to use water efficiently. One of the main objectives of the updated Model WELO is to reduce water use for landscapes to the lowest practical amount and set an upper water use limit for development that may not be exceeded. The Model Ordinance establishes two water budgets, the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU) to determine the amount of water that can be applied to the landscape area. The MAWA is the maximum amount of water that can be used annually to irrigate a landscape area. The ETWU is the actual amount of water than can be applied based on the selected plant types (and must be equal to or less than the MAWA). Modifications to the Model WELO The new Ordinance generally follows the structure and includes the content of the Model Ordinance. However, several modifications are proposed to make it specific to Dublin and consistent with the format of the Dublin Municipal Code, while ensuring that it is at least as effective in conserving water as the State’s Ordinance. The proposed Ordinance would allow the use of overhead irrigation in mulched shrub areas meeting other restrictions within the Ordinance. Other modifications to the Model WELO include clarifying definitions and removing technical jargon throughout to improve the ease of understanding and use. The Ordinance includes modifications to Section 8.88.150 (Recycled Water) to incorporate the Dublin San Ramon Services District provisions for the use of recycled water, and modif ications to Section 8.88.170 (Storm Water Management) to ensure consistency with current standards and implementation of the City’s Municipal Regional Stormwater Permit. The proposed modifications do not impact the effectiveness to conserve water as compar ed with the State’s updated Model Ordinance. Policy Changes to the City’s Existing Ordinance The following includes the major changes made to the City’s existing Ordinance (the changes are based on the current State Model Ordinance): • The maximum amount of water that can be applied to a landscape has been reduced. However, unchanged in the Ordinance is the extra water allowance for specific functional areas, such as recreation and edible gardens. Extra water allowance is also made for landscapes irrigated with recycled water. (Section 8.88.050.A.1) • The size of a landscape area is used to determine if the Ordinance applies. The size threshold for applicability was decreased from 2,500 square feet for new development projects to 500 square feet. This will likely result in more landscape projects being subject to the Ordinance. (Section 8.88.020.A.1) • Dedicated landscape water meters or submeters are required for all irrigated landscapes, except for single-family residential connections, which are exempt from the requirement. A dedicated water meter provides information on the amount of water used specifically for irrigation. (Section 8.88.080.A.1.a) 4.7.a Packet Pg. 76 Attachment: 1. City Council Staff Report dated September 4, 2018 without attachments (Water Efficient Landscape Ordinance (PLPA-2018- Page 3 of 4 • Flow sensors are required for all non -residential landscapes and residential landscapes of 5,000 square feet or larger. A flow sensor is a device that indicates if there is a leak in the irrigation system. (Section 8.88.080.A.1.g) • The minimum width of areas that can be irrigated with overhead spray was increased from eight feet to 10 feet. Areas that are less than 10 feet wide must be irrigated with subsurface drip or other technology that produces no over spray or runoff. This provision is intended to reduce runoff. (Section 8.88.080.A.1.u) • Median strips cannot be landscaped with high water use plants, such as turf grass. (Section 8.88.070.A.1.f) • Turf is not allowed in multifamily and non-residential areas unless it is used for recreational purposes. Turf is allowed in single -family residential areas if it is within the water budget. (Section 8.88.070.A.1.e) The proposed Water Efficient Landscape Regulations are included as Attachment 1. REVIEW BY APPLICABLE DEPARTMENTS & AGENCIES: The draft Ordinance was prepared with input from the Public Works Department, the Dublin San Ramon Services District, and the City’s landscape consultant. PLANNING COMMISSION REVIEW: The Planning Commission held a Public Hearing on August 14, 2018 to review the draft WELO. The Planning Commission unanimously recommended that the City Council adopt the proposed Water Efficient Landscape Regulations (Attachment 2). ENVIRONMENTAL REVIEW: This Ordinance is exempt from environmental review pursuant to Section 15307 of the State California Environmental Quality Act Regulations (14 Cal. Code Regs. Section 15307). Section 15307 establishes a Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for the protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City and will not result in cumulative adverse environmental impacts. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The draft Ordinance was distributed to several landscape architecture firms for their review and to provide them with an opportunity to give input into the draft Ordinance. The City did not receive any comments from these landscape architecture firms. A public notice regarding this hearing was published in the East Bay Times and posted at several locations throughout the City. This Staff Report was also published on the City’s website. 4.7.a Packet Pg. 77 Attachment: 1. City Council Staff Report dated September 4, 2018 without attachments (Water Efficient Landscape Ordinance (PLPA-2018- Page 4 of 4 ATTACHMENTS: 1. Ordinance Deleting Dublin Municipal Code Chapter 8.88 Relating to Water-Efficient Landscaping Regulations and Adopting a New Chaper 8.88 Relating to Water-Efficient Landscaping Regulations 2. Resolution Recommending that the City Council Adopt the Water Efficient Landscaping Regulations 4.7.a Packet Pg. 78 Attachment: 1. City Council Staff Report dated September 4, 2018 without attachments (Water Efficient Landscape Ordinance (PLPA-2018- ORDINANCE NO. xx-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * DELETING DUBLIN MUNICIPAL CODE CHAPTER 8.88 RELATING TO WATER-EFFICIENT LANDSCAPING REGULATIONS AND ADOPTING A NEW CHAPTER 8.88 RELATING TO WATER-EFFICIENT LANDSCAPING REGULATIONS The City Council of the City of Dublin does hereby ordain as follows: Section 1: Section 8.88 of the Dublin Municipal Code is hereby deleted in its entirety. Section 2: A new Section 8.88 is hereby added to the Dublin Municipal Cod e to read as follows: CHAPTER 8.88 WATER-EFFICIENT LANDSCAPING REGULATIONS 8.88.010 Purpose. The purpose of this Chapter is to establish regulations that promote water conservation and efficient water use within landscape areas consistent with the State Model Water Efficient Landscape Ordinance. 8.88.020 Applicability. A. The requirements of this Chapter shall apply to all of the following landscape projects: 1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a Site Development Review Permit or Building Permit. 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a Site Development Review Permit or Building Permit. 3. Existing landscapes limited to Sections 8.88.180. 4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 8.88.050, 8.88.120 and 8.88.130 and existing cemeteries are limited to Sections 8.88.180. B. Any project with an aggregate landscape area of 2,500 square feet or less requiring a Site Development Review Permit or Building Permit may comply with the performance requirements of this Ordinance or conform to the alternative prescriptive measures contained in Section 8.88.190. 4.7.b Packet Pg. 79 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape C. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirements (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to the alternative prescriptive measures contained in Section 8.88.190. D. This Chapter does not apply to: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; or 3. Plant collections, as part of botanical gardens and arboretums open to the public. 8.88.030 Definitions. The terms used in this Chapter have the meaning set forth below: A. Applied Water. The term Applied water shall mean the portion of water supplied by the irrigation system to the landscape. B. Automatic Irrigation Controller. The term Automatic Irrigation Controller shall mean a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture date. C. Backflow Prevention Device. The term Backflow Prevention Device shall mean a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. D. Bubbler. The term Bubbler shall mean an emission device that delivers water from the system to the soil with one or more streams with a radius of throw 12 inches or less. E. Certificate of Completion. The term Certificate of Completion shall mean the documentation required under Section 8.88.100. F. Certified Irrigation Designer. The term Certified Irrigation Designer shall mean a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. G. Certified Landscape Irrigation Auditor. The term Certified Landscape Irrigation Auditor shall mean a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. 4.7.b Packet Pg. 80 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape H. Check Valve or Anti-Drain Valve. The term Check Valve or Anti-drain Valve shall mean a valve located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. I. City. The term City shall mean the area within the territorial city limits of the city of Dublin. J. Common Interest Developments. The term Common Interest Developments shall mean community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. K. Compost. The term Compost shall mean the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. L. Conversion Factor (0.62). The term Conversion Factor (0.62) shall mean the number that converts acre-inches per acre per year to gallons per foot per year. M. Distribution Uniformity. The term Distribution Uniformity shall mean the measure of the uniformity of irrigation water over a defined area. N. Drip Irrigation. The term Drip Irrigation shall mean any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Lo w volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. O. Drip Irrigation Operation Indicator. The term Drip Irrigation operation indicator shall mean any device that provides clear visual indication of drip system operation. P. Ecological Restoration Project. The term Ecological Restoration Project shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Q. Emission Device. The term Emission Device shall mean an irrigation component used to delivers water at a specific rate such as a bubbler, emitter or overhead sprinkler as defined in this Section. R. Emitter. The term Emitter shall mean a drip irrigation emission device that delivers water slowly from the system to the soil. S. Established Landscape. The term Established Landscape shall mean the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. T. Establishment Period of the Plants. The term Establishment Period of the Plants shall mean the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. 4.7.b Packet Pg. 81 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape U. Estimated Total Water Use (ETWU). The term Estimated Total Water Use (ETWU) shall mean the total water used for the landscape. V. ET Adjustment Factor (ETAF). The term ET Adjustment Factor (ETAF) shall mean a coefficient that adjusts reference evapotranspiration (ETo) values based on the plant factor and irrigation efficiency and is used to calculate the maximum amount of water that can be applied to a landscape. W. Evapotranspiration Rate. The term Evapotranspiration Rate shall mean the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. X. Flow Rate. The term Flow Rate shall mean the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. Y. Flow Sensor. The term Flow Sensor shall mean an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Z. Friable. The term Friable shall mean a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. AA. Graywater. The term Graywater shall mean untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12. BB. Hardscapes. The term Hardscapes shall mean any durable material (pervious and non-pervious). CC. Hydrozone. The term Hydrozone shall mean a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non - irrigated. DD. Infiltration Rate. The term Infiltration Rate shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). EE. Invasive Plan Species. The term Invasive Plant Species shall mean species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. 4.7.b Packet Pg. 82 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape FF. Irrigation Audit. The term Irrigation Audit shall mean an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. GG. Irrigation Efficiency (IE). The term Irrigation Efficiency shall mean the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. HH. Irrigation Survey. The term Irrigation Survey shall mean an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, an d written recommendations to improve performance of the irrigation system. II. Irrigation Water Use Analysis. The term Irrigation Water Use Analysis shall mean an analysis of water use data based on meter readings and billing data. JJ. Landfill Diversion. The term Landfill Diversion shall mean construction waste materials that were diverted, whether construction waste materials were sorted on site (source separated) or bulk mixed (single stream), diversion facilities where collected construction waste materials were taken and the amount of construction waste materials diverted in tons. Plant debris is banned from landfills in Alameda County . KK. Landscape Architect. The term Landscape Architect shall mean a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. LL. Landscape Area. The term Landscape Area shall mean all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). MM. Landscape Contractor. The term Landscape Contractor shall mean a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. NN. Landscape Project. The term Landscape Project shall mean total area of landscape in a project as defined in “Landscape Area” and subject to the Ordinance. OO. Landscape Water Meter. The term Landscape Water Meter shall mean an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. PP. Lateral Line. The term Lateral Line shall mean the water delivery pipeline that supplies water to the emission device from the valve. 4.7.b Packet Pg. 83 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape QQ. Low Volume Irrigation. The term Low Volume Irrigation shall mean the application of irrigation water at low pressure through a system of tubing or lateral lines and low - volume emission devices such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. RR. Main Line. The term Main Line shall mean the pressurized pipeline that delivers water from the water source to the valve or outlet. SS. Master Shut-off Valve. The term Master Shut-off Valve shall mean an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. TT. Maximum Applied Water Allowance (MAWA). The term Maximum Applied Water Allowance (MAWA) shall mean the upper limit of annual applied water for the established landscaped area as specified in Section 8.88.050. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. UU. Median. The term Median shall mean an area between opposing lanes of traffic that may be unplanted or planted. VV. Microclimate. The term Microclimate shall mean the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. WW. Mulch. The term Mulch shall mean any organic material such as leaves, arbor or wood chips, recycled wood waste, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion. XX. New Construction. The term New Construction shall mean a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. YY. Non-residential Landscape. The term Non-residential Landscape shall mean landscapes in multifamily developments (five or more units), commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common a reas of common interest developments with designated recreational areas. ZZ. Operating Pressure. The term Operating Pressure shall mean the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. 4.7.b Packet Pg. 84 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape AAA. Overhead Sprinkler Irrigation System or Overhead Spray Irrigation Systems. The term Overhead Sprinkler Irrigation System or Overhead Spray Irrigation System shall mean systems that deliver water through the air (e.g., spray heads and rotors). BBB. Overspray. The term Overspray shall mean the irrigation water which is delivered beyond the target area. CCC. Parkway. The term Parkway shall mean the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. DDD. Pervious. The term Pervious shall mean any surface or material that allows the passage of water through the material and into the underlying soil. EEE. Plant Factor or Plant Water Use Factor. The term Plant Factor or Plant Water Use Factor shall mean a factor, when multiplied by ETo, estimates the amount of water needed by plants. FFF. Project Applicant. The term Project Applicant shall mean the individual or entity submitting a Landscape Documentation Package required under Section 8.88.040, to request a Site Development Review Permit or Building Permit from the City. A project Applicant may be the property owner or his or her designee. GGG. Rain Sensor or Rain Sensing Shutoff Device. The term Rain Sensor or Rain Sensing Shutoff Device shall mean a component which automatically suspends an irrigation event when it rains. HHH. Record Drawing or As-builts. The term Record Drawing or As-builts shall mean a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. III. Recreational Area. The term Recreational Area shall mean areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, pools or spas, amphitheaters or golf course tees, fairways, roughs, surrounds and greens. JJJ. Recycled Water, Reclaimed Water, or Treated Sewage Effluent Water . The term Recycled Water, Reclaimed Water, or Treated Effluent Water shall mean treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. KKK. Reference Evapotranspiration or ETO. The term Reference Evapotranspiration or ETO shall mean a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool- season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. 4.7.b Packet Pg. 85 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape LLL. Rehabilitated Landscape. The term Rehabilitated Landscape shall mean any re- landscaping with an aggregate landscape area equal to or greater than 2,500 square feet that requires a Site Development Review Permit or Building Permit. MMM. Residential Landscape. The term Residential Landscape shall mean landscapes surrounding single or multifamily homes with four or less units. NNN. Runoff. The term Runoff shall mean water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. OOO. Sheet Mulching. The term Sheet Mulching shall mean a layering system of cardboard, compost and mulch or other materials to enhance weed suppression and provide soil building benefits. PPP. Soil Management Report. The term Soil Management Report shall mean the analysis of the soil type and infiltration rate, and the recommendations of type and quantity of soil amendments and means of incorporating into the site soil prior to planting to reduce runoff and encourage healthy plant growth. QQQ. Soil Moisture. The term Soil Moisture shall mean “sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. RRR. Soil Texture. The term Soil Texture shall mean the classification of soil based on its percentage of sand, silt, and clay. SSS. Special Landscape Area (SLA). The term Special Landscape Area (SLA) shall mean an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. TTT. Sprinkler Head or Spray Head. The term Sprinkler Head or Spray Head shall mean a device which delivers water through a nozzle. UUU. Static Water Pressure. The term Static Water Pressure shall mean the pipeline or municipal water supply pressure when water is not flowing. VVV. Station. The term Station shall mean an area served by one valve or by a set of valves that operate simultaneously. WWW . Subsurface Irrigation. The term Subsurface Irrigation shall mean irrigation placed either under the soil or under the mulch on top of the soil. XXX. Swing Joint. The term Swing Joint shall mean an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. YYY. Submeter. The term Submeter shall mean a metering device to measure water applied to the landscape that is installed after the primary utility water meter. 4.7.b Packet Pg. 86 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape ZZZ. Turf. The term Turf shall mean a ground cover surface of mowed grass. AAAA. Valve. The term Valve shall mean a device used to control the flow of water in the irrigation system. BBBB. Water Conserving Plant Species. The term Water Conserving Plant Species shall mean a plant species identified as having a very low or low plant factor. CCCC. Water District. The term Water District shall mean the Dublin San Ramon Services District (DSRSD). DDDD. Water Feature. The term Water Feature shall mean a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, shall not be subject to the water budget calculation. EEEE. Watering Window. The term Watering Window shall mean the time of day irrigation is allowed. FFFF. Wildfire Management Plan. The term Wildfire Management Plan shall mean guidelines from the Alameda County Fire Bureau to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. GGGG. WUCOLS. The term WUCOLS shall mean the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources. 8.88.040 Elements of the Landscape Documentation Package. A. The Landscape Documentation Package shall include the following six (6) elements: 1. Project information; a. Date of landscape plan submittal b. Project Applicant c. Project address (if available, parcel and/or lot number(s)) d. Total landscape area (square feet) e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner - installed) f. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the Applicant is not served by a private well g. Checklist of all documents in Landscape Documentation Package h. Project contacts to include contact information for the project Applicant and property owner 4.7.b Packet Pg. 87 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape i. Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package”. 2. Water Efficient Landscape Worksheet on the form or format provided by the Community Development Department; 3. Soil management report; 4. Landscape design plan; 5. Irrigation design plan; and 6. Grading design plan. 8.88.050 Water Efficient Landscape Worksheet. A. A project Applicant shall submit a Water Efficient Landscape Worksheet in a format provided by the Community Development Director which adheres to the following: 1. The Evapotranspiration Adjustment Factor (ETAF) for the landscape project shall not exceed a factor of 0.55 for residential areas, 0.45 for non-residential areas, and 1.0 for Special Landscape Areas. 2. The Estimated Total Water Use (ETWU) is calculated based on the plants used and the irrigation method selected. 3. An ETo value of 46.2 (City of Pleasanton Reference ETo as shown in the State Model Ordinance) shall be used to calculate the Maximum Applied Water Allowance (MAWA) and the Estimated Total Water Use 4. ETWU must be below the MAWA. B. Water Budget Calculations shall adhere to the following requirements: 1. The plant factor used shall be from the most current edition of WUCOLS or published plant reference book as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. 2. Published plant reference books may include but are not limited to the following: a. California Native Plants for the Garden, Carol Bornstein, David Fross and Bart O’Brien, Cachuma Press, 2005. (CNP) b. Plants and Landscapes for Summer-Dry Climates, Nora Harlow (ed.), East Bay Municipal Utility District, 2004. (EBMUD) c. Landscape Plants for California Gardens, Robert C. Perry, Land Design Publisher, 2010. d. Sunset Western Garden Book, editors of Sunset Magazine, Oxmoor House, 2012. e. University of California Division of Agriculture and Natural Resources, Water Use Classification of Landscape Species (WUCOLS IV), www.ucanr.edu/sites/WUCOLS. 3. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. 4.7.b Packet Pg. 88 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 4. All Special Landscape Areas shall be identified and their water use calculated . 5. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 8.88.060 Soils Management Report. A. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project Applicant, or his/her designee, as follows: 1. Submit soil samples to a laboratory for analysis and recommendations. a. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. b. The soil analysis shall include: 1. Soil texture. 2. Infiltration rate determined by laboratory test or soil texture infiltration rate table. 3. pH. 4. Total soluble salts. 5. Sodium. 6. Percent organic matter. 7. Recommendations for amending the soil with compost to bring the soil organic matter to a minimum of 6% by dry weight and incorporating organic fertilizers to recommended levels for planting areas. Acceptable organic fertilizers and amendment products are those allowed for use in crop production by at least one of the following: • Organic Materials Review Institute’s Generic Materials List • California Department of Food and Agriculture’s Organic Input Materials Program • U.S. Department of Agriculture’s National Organic Program 2. The project Applicant, or his/her designee, shall comply with one of the following: a. If significant mass grading is not planned, the soil management report shall be submitted as part of the Landscape Documentation Package; or b. If significant mass grading is planned, the soil management report shall be submitted as part of the Certificate of Completion. 3. Documentation verifying implementation of soil management report recommendations shall be submitted with the Certificate of Completion. 8.88.070 Landscape Design Plan. A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project and meet the following design criteria. A Landscape Design Plan meeting the following design criteria shall be submitted to the City as part of the Landscape Documentation Package. 4.7.b Packet Pg. 89 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 1. Plant Material a. The Estimated Total Water Use of selected plants in the landscape area shall not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: 1. Protection and preservation of native species and natural vegetation. 2. Selection of water-conserving plant and turf species, especially local native plants. 3. Selection of plants based on local climate suitability, disease and pest resistance. 4. Selection of trees based on applicable tree ordinances or tree shading guidelines and size and maturity as appropriate for the planting area. 5. Selection of plants from local and regional landscape program plant lists . 6. Selection of plants consistent with Wildfire Management Plan. b. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 8.88.080.A.2.e. c. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: 1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate. 2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth. 3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. d. Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impervious hardscape. e. Turf is not allowed in multifamily and non-residential areas unless it is a recreational area. Turf is allowed in single family residential areas as long as the water budget is met. f. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. g. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches as listed in the Wildfire Management Plan or other applicable local ordinances. h. The use of invasive and/or noxious plant species, such as those listed by the California Invasive Plant Council, are prohibited. 2. Water Features a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features. 4.7.b Packet Pg. 90 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. 3. Soil Preparation, Mulch and Amendments a. Prior to the planting of any materials, compacted soil shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement. b. Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected. c. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling . Organic matter must be confirmed by an accredited soil testing laboratory. P rojects that incorporate sheet mulching may choose to install the compost above the cardboard layer instead of tilling it into the soil. Projects that are sheet mulching lawn in place are exempt from the tilling requirement. d. A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, areas receiving closely spaced plugs as a lawn alternative or direct seeding applications where mulch is not desirable. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. e. Stabilizing mulching products shall be used on slopes that meet current engineering standards. f. The mulching portion of the seed/mulch slurry in hydro -seeded applications shall meet the mulching requirement. g. Organic mulch materials made from recycled or post -consumer products shall take precedence over inorganic materials or virgin forest products un less the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by the Wildfire Management Plan or other applicable local ordinances. B. The landscape design plan, at a minimum, shall: 1. Include Project Information as provided in Section 8.88.040.A. 2. Delineate and label each hydrozone by number, letter, or other method. 3. Identify the following: a. Each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation. b. Recreational areas. c. Areas permanently and solely dedicated to edible plants. d. Areas irrigated with recycled water. e. Type of mulch and application depth. f. Soil amendments, type, and quantity. 4.7.b Packet Pg. 91 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape g. Type and surface area of water features. h. Hardscapes (pervious and non-pervious). i. Location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on -site retention and infiltration of stormwater. Project Applicants shall refer to the City of Dublin or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 8.88.170. j. Any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.) and their 24-hour retention or infiltration capacity. k. Identify landfill diversion verification requirement that the landscape contractor shall be required to submit in Certificate of Completion. 4. Contain the following statement: “The landscape design plan complies with Dublin Municipal Code Chapter 8.88 for the efficient use of water.” 5. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. 8.88.080 Irrigation Design Plan. A. This section applies to landscaped areas requiring permanent irrigation, not areas t hat require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its re lated components shall be planned and designed to allow for proper installation, management, and maintenance. 1. System. a. A dedicated water service meter for landscape irrigation shall be installed for all irrigated landscapes, except for single-family residential connections which are exempt from this requirement. A landscape water meter shall be a separate submeter or metering device for outdoor potable water u se for the landscape. b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. c. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 4.7.b Packet Pg. 92 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 2. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair. f. Backflow prevention devices shall be required to protect the potable water supply from contamination by the irrigation system. g. Flow sensors that detect high flow conditions created by system damage or malfunctions are required for all non-residential landscapes and residential landscapes of 5,000 square feet or larger. h. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinkle rs that are individually pressurized in a system equipped with low pressure shut down features. i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non - targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. j. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. k. The design of the irrigation system shall conform to the hydrozones of the landscape design plan. l. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria regarding the Maximum Applied Water Allowance. m. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. n. The project Applicant shall inquire with the Water District about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. o. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. p. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. 4.7.b Packet Pg. 93 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape q. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas on turfgrass. r. Check valves or anti-drain valves are required on all emission devices where low point drainage could occur. s. Drip irrigation operation indicators are required for all low volume and drip irrigation systems. t. Bubblers shall not exceed maximum 0.25 gallons per minute. u. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. v. No obstruction of overhead irrigation, by mature size of plant material, shall be clearly demonstrated as part of the Landscape Documentation Package. w. Overhead irrigation shall not be permitted within 24 inches of any impervious surface. Allowable irrigation within the setback from impervious surfaces may include drip, drip line, or other low flow non -spray technology. These restrictions may be modified if: 1. The landscape area is adjacent to pervious surfacing; or 2. The adjacent impervious surfaces are designed and constructed to drain entirely to landscaping. 3. The irrigation designer specifies an alternative design or technology as part of the Landscape Design Documentation Package, and clearly demonstrates strict adherence to irrigation system design criteria in Section 8.88.080.A.1.i. Prevention of overspray and runoff must be confirmed during the irrigation audit. x. Slopes greater than 25% shall not be irrigation with an irrigation system with an application rate exceeding 0.75 inchers per hour. 2. Hydrozone a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation for trees. The mature size and extent of the root zone shall be considered when designing the irrigation for the tree. d. Plants in biotreatment soils shall be on a separate valve . e. Individual hydrozones that mix plants of moderate and low water use , or moderate and high water use, may be allowed if: 1. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or 2. the plant factor of the higher water using plant is used for calculations. f. Individual hydrozones that mix high and low water use plants shall not be permitted. g. Hydrozone areas shall be designated by number, letter, or other designation on the landscape plan and irrigation plan. Designate the areas irrigated by each valve, and assign a number to each valve on the irrigation design plan. 4.7.b Packet Pg. 94 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape B. The irrigation design plan, at a minimum shall contain: 1. Location and size of any landscape water meters. 2. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices. 3. Static water pressure at the point of connection to the public water supply. 4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station (valve). 5. Recycled water irrigation systems as specified in Section 8.88.150. 6. The following statement: “This irrigation design plan complies with the criteria of Dublin Municipal Code Chapter 8.88 for efficient use of water.” 7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. 8.88.090 Grading Design Plan. A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement. 1. The project Applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: a. Height of graded slopes; b. Drainage patterns; c. Pad elevations; d. Finish grade; and e. Stormwater retention improvements, if applicable. 2. To prevent excessive erosion and runoff, it is h ighly recommended that project Applicants: a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; b. Avoid disruption of natural drainage patterns and undisturbed soil; and c. Avoid soil compaction in landscape areas. 4.7.b Packet Pg. 95 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 8.88.100 Certificate of Completion. A. The Certificate of Completion shall be submitted by the Applicant to the City for review on forms provided by the City prior to project sign -off or acceptance. Final occupancy shall not be granted until the Certificate of Completion is approved by the Community Development Department. B. The Certificate of Completion shall include the following: 1. Project information sheet. 2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package. a. Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification. b. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes . 3. Irrigation scheduling parameters used to set the controller. 4. Landscape and irrigation maintenance schedule. 5. Irrigation audit report. 6. Soil management report, if not submitted with Landscape Documentation Package and documentation verifying implementation of soil report recommendations. 7. Landfill diversion verification. C. The project Applicant shall: 1. Submit the signed Certificate of Completion to the City for review. 2. Submit the approved Certificate of Completion to the Water District. 8.88.110 Irrigation Scheduling. A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 1. Irrigation scheduling shall be regulated by automatic irrigation controllers. 2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the Water 4.7.b Packet Pg. 96 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape District, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 3. Irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data to apply water and meet the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). 4. Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. The plant establishment period; b. The established landscape; and c. Temporarily irrigated areas. 5. Each irrigation schedule shall consider for each station all of the following that apply: a. Irrigation interval (days between irrigation); b. Irrigation run times (hours or minutes per irrigation event to avoid runoff); c. Number of cycle starts required for each irrigation event to avoid runoff; d. Amount of applied water scheduled to be applied on a monthly basis; e. Application rate setting; f. Root depth setting; g. Plant type setting; h. Soil type; i. Slope factor setting; j. Shade factor setting; and k. Irrigation uniformity or efficiency setting. 8.88.120 Landscape and Irrigation Maintenance Schedule. A. The Applicant’s regular maintenance schedule shall be submitted with the Cert ificate of Completion to ensure water efficiency. B. The maintenance schedule shall include, but not be limited to, routine inspection; auditing; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or better to achieve the desired uniformity and distribution rates. D. A project Applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance. 4.7.b Packet Pg. 97 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 8.88.130 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. A. It shall be the Applicant’s responsibility to ensure irrigation audits are performed as required. The Applicant may be required to analyze irrigation water use and conduct irrigation surveys for compliance with the Maximum Applied Water Allowance. Said landscape audits and surveys shall be commissioned and paid for by the Applicant. B. All landscape irrigation audits shall be conducted by a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. C. In projects with multiple landscape installations (i.e. production hom e developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. The irrigation audits are the sole responsibility of the developer. D. For new construction and rehabilitated landscape projects installed after December 1, 2015: 1. The irrigation audit shall include, but is not limited to: inspection, system tune -up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule, including configurin g irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming. 8.88.140 Irrigation Efficiency. A. The purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. 8.88.150 Recycled Water. A. The installation of irrigation systems shall allow for the current and future use of recycled water, unless the project is located in an area in which recycled water is unavailable and will not be available for the foreseeable future, or a written exemption has been granted by the Water District. The Applicant shall conform to the provisions of the Water District Code, Section 4.30; Standard Procedures, and Specifications and Drawings, Section IV Recycled Water System Requirements; and Recycled Water Use Guidelines, as those provisions are amended from time to time. B. Decorative water features shall use recycled water unless a written exemp tion has been granted by the Water District stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. C. Landscapes using recycled water are considered Special Landscape A reas. The ET Adjustment Factor for Special Landscape Areas (recycled water use areas) shall not exceed 1.0, or whichever is lower within the Water District’s Code or Use Guidelines. 4.7.b Packet Pg. 98 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 8.88.160 Graywater Systems. A. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to § 490.1 (d) for the applicab ility of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. B. Graywater systems shall not be interconnected with the domestic water system. C. Applicants shall obtain a construction permit from the Water District for the installation of all graywater systems. D. An approved backflow prevention assembly shall be installed on the domestic water system, downstream of the domestic water meter. 8.88.170 Stormwater Management and Rainwater Retention. A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Including stormwater best management practices into landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. B. Project Applicants shall refer to City of Dublin’s Stormwater Management and Discharge Control Ordinance (Chapter 7.74) and the San Francisco Bay Regional Water Quality Control Board Municipal Regional Stormwater NPDES Permit for information on any applicable stormwater regulatory requirements. C. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. D. It is recommended that projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: 1. Grade impervious surfaces, such as driveways, to drain to vegetated areas. 2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. 3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. 4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. 5. Incorporate rain gardens, rain barrels, and other rain harvesting or catchment systems. 4.7.b Packet Pg. 99 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape 6. Incorporate infiltration beds, swales, or basins to capture storm water and dry weather runoff and increase percolation into the soil. 7. Rainwater catchment systems cannot be connected with the domestic water system. 8. Applicants shall contact the Water District to determine if a permit is required for the installation of the rainwater catchment system. 8.88.180 Existing Landscapes A. This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over an acre in size. 1. For all landscapes that have a landscape water meter, the City may require, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). 2. For all landscapes that do not have a landscape water meter, the City may require, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. 8.88.190 Alternative Prescriptive Compliance Option A. This appendix contains prescriptive requirements which may be used as a compliance option to Ordinance 8.88. B. Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option: 1. Submit a Landscape Documentation Package which includes the following elements: b. Date c. Project Applicant d. Project address (if available, parcel and/or lot number(s)) e. Total landscape area (square feet), including a breakdown of turf and plant material f. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner- installed) 4.7.b Packet Pg. 100 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape g. Water supply type (e.g., potable, recycled, well) and identify the loca l retail water purveyor if the Applicant is not served by a private well h. Contact information for the project Applicant and property owner i. Applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO”. 2. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test); 3. Plant material shall comply with all of the following: a. For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water. For non- residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water. b. At a minimum it is required that Species listed in the California Invasive Plant Council’s Don’t Plant a Pest brochure as invasive in the project’s region are not installed. c. A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers areas receiving closely spaced plugs as a lawn alternative, or direct seeding applications where mulch is contraindicated. 4. Turf shall comply with all of the following: a. Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas. b. Turf shall not be planted on sloped areas which exceed a sl ope of 1 foot vertical elevation change for every 4 feet of horizontal length; c. Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff. 5. Irrigation systems shall comply with all of the following: a. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. b. Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. d. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. 4.7.b Packet Pg. 101 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape e. All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or high er using the protocol defined in ASABE/ICC 802-2014. f. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. 6. For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed. 7. Alameda County law prohibits disposal of plant debris in county landfills. Plant debris shall be separated from other waste materials and dropped off at facilities with clean green processing for compost or put in green plant debris carts. ACWMA Plant Debris Landfill Ban Ordinance 2008-01 requires landscape professionals to separate all plant debris from garbage. (Source: http://www.recyclingrulesac.org/docs/Landfill-Ban-WMA-Ordinance2008-01.pdf) 8. At the time of final inspection, the permit Applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. 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. 4.7.b Packet Pg. 102 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 18th day of September 2018, by the following votes: AYES: NOES: ABSENT: AB STAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 4.7.b Packet Pg. 103 Attachment: 2. Ordinance Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations (Water Efficient Landscape Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Revision to the Personnel System creating a Public Works Maintenance Superintendent Classification. Prepared by: Angelica Smith, Management Analyst II -HR EXECUTIVE SUMMARY: The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are based on the need to revise the City’s Classification Plan, Salary Plan, Benefit Plan, and Management Leave and Benefit Plans. STAFF RECOMMENDATION: Adopt the Resolution Amending the Classification Plan; adopt the Resolution Amending the Salary Plan for Management Positions Exempt from Competitive Service ; adopt the Resolution Amending the Benefit Plan; and adopt the Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions. FINANCIAL IMPACT: The proposed changes to the Personnel System, if approved by the City Council, will not require a budget adjustment. Sufficient funding is available in the Fiscal Year 2018 - 19 position allocation plan and budget for the proposed revisions. DESCRIPTION: Included in the City’s Personnel System are Resolutions that address the Classification, Salary, and Benefit plans for full-time personnel. Attachment 1 is a proposed amendment to include the new Public Works Maintenance Superintendent position in the Classification Plan. This new classification shall be responsible for the overall management of the Public Works maintenance division. Attachment 2 establishes the monthly compensation for the Public Works Maintenance Superintendent under the Salary Plan for Management Positions Exempt from Competitive Service. The recommended monthly salary range for the classification is based on comparable positions in similar agencies and benched with City classifications of related job scope and requirements to establish pay equity within the City’s Salary Plan. Attachment 3 4.8 Packet Pg. 104 Page 2 of 2 amends the Benefit Plan, allowing the Public Works Maintenance Superintendent position to be eligible for the City’s car allowance of $190.00 per month. Finally, Attachment 4 prescribes specific leave benefits and designat es the Public Works Maintenance Superintendent position as management and exempt from the City’s competitive service system. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing not required. ATTACHMENTS: 1. Resolution Amending the Classification Plan 2. Exhibit A to the Resolution - Public Works Maintenance Superintendent Job Description 3. Resolution Amending the Salary Plan for Management Positions Exempt from Competitive Service 4. Resolution Amending the Benefit Plan 5. Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions 4.8 Packet Pg. 105 ATTACHMENT 1 RESOLUTION NO. XX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE CLASSIFICATION PLAN WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically add and revise job descriptions in the Classification Plan to reflect current responsibilities and laws. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to add the following position: Public Works Maintenance Superintendent (Exhibit A) BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective September 18, 2018. PASSED, APPROVED AND ADOPTED this 18th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.a Packet Pg. 106 Attachment: 1. Resolution Amending the Classification Plan (Revisions to the Personnel System) Exhibit A Date Adopted: September 18, 2018 Date Revised: ____________ Title: Public Works Maintenance Superintendent FLSA: At-Will/Exempt/Management General Purpose: Under direction of the Public Works Director, plans, directs, coordinates and manages assigned activities and programs; provides highly complex and responsible managerial assistance to the Director of Public Works. This position is responsible for maintenance of the City’s roadways, drainages, public buildings, parks, and partnership areas in DSRSD and Parks RFTA jurisdiction. The management, coordination and oversight of assigned programs including the development and implementation of program policies and procedures, the development and administration of program budgets, the negotiation and administration of contracts, the preparation of grant proposals, and the preparation of analytical studies of administrative and operational issues. This position functions as a member of the Public Works Department management team in Departmental policy development, administrative planning and addressing Departmental problems, budget development, personnel recruitment; and does related work as required. Acts as the City’s representative to internal and external community advisory bodies invol ved within assigned program areas. Distinguishing Characteristics: The Public Works Maintenance Superintendent is a management position responsible for managing maintenance functions within the Public Works Department and coordinating, and monitoring of public infrastructure maintenance contracts for streets , drainage, parks, and buildings. Incumbents in this classification have a broad range of independence within policy and procedural limitations and work under minimal supervision. The incumbent is accountable to the Department Director for the effective supervision of City and contract personnel and the quality and efficiency of services directed. While the general parameters of the job are defined, the employee is expected to select and put into effect work procedures and practices which will lead to the effective and efficient accomplishment of Department goals. Recommendations on the improvement of assigned activities are expected. This classification is distinguished by its responsibility to manage and oversee all maintenance and repair work performed by the Public Works Maintenance Division. Supervision Received/Exercised Receives direction from the Public Works Director or Assistant Public Works Director/City Engineer. Exercises supervision over assigned City and contract employees. 4.8.b Packet Pg. 107 Attachment: 2. Exhibit A to the Resolution - Public Works Maintenance Superintendent Job Description (Revisions to the Personnel System) Exhibit A Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Plans and directs contract, programs or activities involving maintenance of the City’s streets, parks, buildings, assessment districts, and public-public partner maintenance areas. Plans and manages the completion of maintenance related Capital Infrastructure projects. Provides high level staff support to Department Director; provides analytical support for financial, operational and organizational issues; maintains financial and administrative processes and records; monitors contracts and performs necessary measures to assure contract performance of contractors; develops, implements, and monitors assigned budgets. Assumes operational authority of areas of assigned responsibility; Monitors expenditure requests during the fiscal year for compliance with the adopted budget. Assists the Department Head in establishing department goals each year and insures their completion within the areas under his/her direct supervision. Establishes general approaches to be used in carrying out projects and determines priorities; reviews activity reports and periodically checks work in progress and upon completion to ensure compliance with policy, standards and directions; resolves operational and personnel problems. Manages the preventive maintenance programs for City facilities and infrastructure and develops new programs as necessary. Develops and implements procedures and policies for the City's maintenance and repair operations to ensure that services are provided in a timely and efficient manner. Periodically conducts inspections of City facilities and infrastructure to ensure City assets are properly maintained and repaired; evaluates damages, identifies deficiencies, and issues work orders to correct these conditions. Confers with and keeps the Public Works Director apprised of maintenance, repair and construction plans, programs and activities. Investigates public complaints and requests related to functions supervised and makes determinations on action to be taken. Prepares recommendations on budgetary needs as related to personnel, equipment and contract services, including related justifications; administers assigned budgets including the approval and control of expenditures; develops long range plans and objectives; conducts a continuing review of contracts services for purposes of detecting problem areas and increasing efficiency. Evaluates City and contract staffing arrangements, staffing levels, work assignments and makes necessary recommendations to Department Director; sets performance standards for contract and City staff and evaluates performance. Represents the City in meetings of the City Council, City Commissions/Committees and community groups; prepares and presents oral and written reports; develops agendas and staffs various Department committees when required. 4.8.b Packet Pg. 108 Attachment: 2. Exhibit A to the Resolution - Public Works Maintenance Superintendent Job Description (Revisions to the Personnel System) Exhibit A Represents the Department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary. Establishes positive working relationships with representatives of community organizations, State/local agencies and associations, City management, City staff and the public. Serves as the lead Occupational Safety & Health Administration (OSHA) administrator for Public Works. Responsibilities shall include record keeping, inspections, and documenting necessary improvements, and completing modifications to ensure that City facilities, equipment, and tools are safe and in compliance with all OSHA regulations. The Superintendent shall remain current on OSHA regulations and implement new standards as required. Performs other related duties as required. Minimum Qualifications: Knowledge of: Principles, practices, methods and materials for municipal maintenance programs, assessment district management, assets management, preventative maintained programs, contract management and capital infrastructure projects. Methods and techniques of coordinating facilities maintenance including preventative maintenance practices. Supervisory principles and methods, including goal setting, budget preparation and administration. Principles and practices of budget development, implementation and analysis. Applicable Federal, State and local laws, rules and regulations to assigned programs. Customer service techniques. Principles and practices of supervision, leadership, motivation, team building and conflict resolution. Modern office procedures and computer equipment. Principles and practices of organizational analysis and management. Principles and practices of contract management. Ability To: Analyze administrative, operational and organizational problems, evaluate alternative and reach sound conclusions. Plan, organize, assign, direct, review and evaluate maintenance contracts, programs and activities. Consult effectively with management and staff. 4.8.b Packet Pg. 109 Attachment: 2. Exhibit A to the Resolution - Public Works Maintenance Superintendent Job Description (Revisions to the Personnel System) Exhibit A Administer large program budgets including the preparation of complex financial reports and analyses. Negotiate and administer contracts including program budgets. Conceive and effectively propose or suggest solutions to budgetary needs and problems. Communicate clearly and effectively, both orally and in writing. Interpret appropriate rules, regulations, contracts, laws and ordinances. Develop, implement and oversee maintenance programs for the City including street sweeping, Building maintenance, street and street landscape maintenance and park maintenance activities. Address large and small groups of people at neighborhood meetings. Select, train, motivate and evaluate assigned staff; develop, implement and interpret policies, procedures, goals, objectives and work standards. Analyze problems, evaluate alternatives and make creative recommendations. Establish and maintain effective working relationships with those contacted in the course of the work. Operate office equipment including computers and supporting word processing and spreadsheet applications. Represent the City effectively in meetings with others; and maintain accurate records and prepare clear and concise reports, meeting agendas and correspondence. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard off ice equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk, stand and safely lift and/or maneuver office supplies and construction plans weighing up to 50 pounds. While performing duties, the employee is regularly required to move across rough terrain, uneven pavement, bridge scaffolding and negotiate construction sites including, but not limited to: climbing, crawling and jumping; use written and oral communication skills; analyze contracts and service budgets and technical reports; read and interpret complex data, staff reports, information and documents; analyze and solve problems; drive a motor vehicles, interact with City management, other governmental officials, contractors, vendors, employees and the public. 4.8.b Packet Pg. 110 Attachment: 2. Exhibit A to the Resolution - Public Works Maintenance Superintendent Job Description (Revisions to the Personnel System) Exhibit A The employee's working hours may require attendance at evening meetings, travel out of town and attend workshops, conferences, seminars, and meeting during work and non-work hours. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to the completion of the twelfth grade supplemented by specialized training in municipal maintenance, public works, business administration, public administration, horticulture, arboriculture, or a related field. Possession of an Associate Degree in supervision and/or management, construction management, or a related field is highly desirable. Possession of a Bachelor’s degree from an accredited four-year college or university in public administration or related field is desirable. Experience: Five years of progressively responsible experience in public works maintenance or related field, and at least two years supervisory experience which includes responsibility for project/service planning, development and oversight, contract negotiations, and budget preparation. A Master’s degree in civil engineering, public/business administration or related field may be substituted for one year of experience. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers’ license and Certificate of Automobile Insurance for Personal Liability. Possession of OSHA – Safety & Health, ISA – Certified Arborist, Certified Arborist Municipal Specialist certifications are desirable. 4.8.b Packet Pg. 111 Attachment: 2. Exhibit A to the Resolution - Public Works Maintenance Superintendent Job Description (Revisions to the Personnel System) ATTACHMENT 2 RESOLUTION NO. XXX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 58-18 and subsequent Resolutions which establish a Salary Plan management positions exempt from competitive service in accordance with the City’s Personnel System Rules. NOW, THEREFORE, BE IT RESOLVED that the position of Public Works Maintenance Superintendent shall be added and covered under Article I, Section A of the Salary Plan for Management Positions Exempt from Competitive Service; and BE IT FURTHER RESOLVED that the Public Works Maintenance Superintendent shall be paid a monthly salary within the following salary range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: Public Works Maintenance Superintendent $ 10,485 – $13,108 BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective September 18, 2018 PASSED, APPROVED AND ADOPTED this 18th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.c Packet Pg. 112 Attachment: 3. Resolution Amending the Salary Plan for Management Positions Exempt from Competitive Service (Revisions to the Personnel ATTACHMENT 3 RESOLUTION NO. XXX - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE BENEFIT PLAN WHEREAS, the City Council has adopted a Personnel Ordinance in which Section 2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, in accordance with the City’s Personnel Ordinance, the City Council adopted Resolution No. 109-15 and subsequent Resolutions which establishes Management Positions and defines benefits for those positions; and WHEREAS, it is necessary to periodically update the Benefit Plan to reflect new benefit updates. NOW, THEREFORE, BE IT RESOLVED that the positions of Public Works Maintenance Superintendent shall be added to the list of Management Positions eligible for a monthly car allowance as provided in Resolution 109-15: Section 15. Car Allowance and Mileage Reimbursement: The following positions shall be eligible to receive the designated monthly allowance. The receipt of the car allowance pursuant to this section shall be full compensation for all operating costs excluding tolls, parking fees and out of area travel. a. Management Positions Receiving Monthly Allowance Eligible Positions Monthly Allowance Public Works Maintenance Superintendent $190 BE IT FURTHER RESOLVED that the changes contained herein shall be effective September 18, 2018. PASSED, APPROVED AND ADOPTED this 18th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: ______________________________________ City Clerk 4.8.d Packet Pg. 113 Attachment: 4. Resolution Amending the Benefit Plan (Revisions to the Personnel System) ATTACHMENT 4 RESOLUTION NO. XXX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION AND PRESCRIBING LEAVE BENEFITS FOR THE DESIGNATED POSITIONS WHEREAS, the City Council has adopted a Personnel Ordinance in which Section 2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, in accordance with the City’s Personnel Ordinance, the City Council adopted Resolution No. 202-08 which establishes Management Positions and defines benefits for those positions; and WHEREAS, it is necessary to periodically update the resolution to reflect new classifications. NOW, THEREFORE, BE IT RESOLVED that the positions of Public Works Maintenance Superintendent shall be added to the list of Management Positions under the City’s Personnel Ordinance and shall be granted benefits in accordance with City Resolution 202-08: Public Works Maintenance Superintendent BE IT FURTHER RESOLVED that the changes contained herein shall be effective September 18, 2018. PASSED, APPROVED AND ADOPTED this 18th day of September, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: ______________________________________ City Clerk 4.8.e Packet Pg. 114 Attachment: 5. Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Shelter Crisis Declaration Prepared by: Jenny Wiseman, Housing Specialist EXECUTIVE SUMMARY: The City Council will consider adopting a Resolution declaring a Shelter Crisis to allow Dublin to participate in future grant programs. STAFF RECOMMENDATION: Adopt the Resolution regarding Declaration of a Shelter Crisis. FINANCIAL IMPACT: Declaring a shelter crisis will enable the City of Dublin and non -profit homeless services providers in the Tri-Valley to apply for Homeless Emergency Aid Program (HEAP) grant funds allocated to Alameda County as part of the 2018 -19 California State Budget. DESCRIPTION: Shelter Crisis Overview According to the 2017 Alameda County Homeless Point -in-Time Count and Survey, there are approximately 5,630 homeless individuals in Alameda County. Of those, 21 homeless individuals reside in Dublin, while approximately 280 homeless individuals reside in the Tri Valley (cities of Dublin, Livermore, and Pleasanton). None of the homeless individuals residing in Dublin were sheltered at time of the count, while only 31 percent of all homeless individuals in Alameda County h ad access to shelter. While the homeless population throughout Alameda County continues to increase, the availability of resources and funding does not. Since 2009, the total homeless population has increased 30 percent, yet the amount of unsheltered hom eless individuals increased 150 percent. There are currently limited resources available for homeless individuals in the Tri Valley. 4.9 Packet Pg. 115 Page 2 of 2 Opportunity for Homeless Resources As part of the 2018 - 2019 California State Budget, $500 million in one -time Homeless Emergency Aid Program (HEAP) funds were made available to jurisdictions to help address the homeless crisis in California (Attachment 1). The funding was then allocated to counties and large cities across California based on their homeless populations and percent of total state homeless populations; these cities and counties will apply for their funding directly through the state. Since Alameda County is the designated Administrative Entity for the Alameda County Continuum of Care, the County can apply for up to $16,192,049 in HEAP funds. Oakland is excluded from this county-wide HEAP funding pool since they have their own allocation of over $8.7 million due to their larger homeless population and resource needs. Should Alameda County successfully obtain the allocated HEAP funds from the State, each jurisdiction in the County (excluding Oakland) that declares a shelter crisis will have the ability to apply directly to the County for funding to support local or regional homeless programs. If Dublin were to apply for funds from the County, those funds would be available to the City and local non-profits that work with Dublin residents. The City of non-profits could use the funds on programs that focus on homeless prevention, criminal justice diversion programs for homeless with mental health needs, establish programs for homeless youth, and emergency aid. The City Council is being requested to adopted a resolution (Attachment 2) declaring a shelter crisis in Dublin. ATTACHMENTS: 1. Homeless Emergency Aid Program Overview 2. Resolution Declaring a Shelter Crisis 4.9 Packet Pg. 116 H1 Homeless Emergency Aid Program (HEAP) – Program Guidance Homeless Emergency Aid Program (HEAP) Grant Program Guidance – August 2018 The California Homeless Coordinating and Financing Council (HCFC) is pleased to announce the launch of the Homeless Emergency Aid Program (HEAP). HEAP is a $500 million block grant program designed to provide direct assistance to cities and counties to address the homelessness crisis throughout California. HEAP is authorized by Senate Bill (SB) 850, which was signed into law by Governor Brown in June 2018. This overview provides a program timeline with key milestones and delineates when stakeholders may expect program deliverables. Available Funding HEAP funding is divided into three categories for distribution. Category for Distribution Funded Amount Eligible Applicants Continuum of Care – Based on Point in Time Count Ranges [SB 850: Section 2, Chapter 5, 50213 (a)] $250,000,000 Continuum of Care (CoC) Continuum of Care – Based on Percent of Homeless Population [SB 850: Section 2, Chapter 5, 50213 (b)] $100,000,000 Continuum of Care (CoC) City / City that is also a County – Based on Population [SB 850: Section 2, Chapter 5, 50213 (c)] $150,000,000 Large Cities (LCs) with a population over 330,000 Eligible Uses HEAP funds are intended to provide funding to Continuums of Care (COCs) and large cities (LCs) with populations over 330,000, so they may provide immediate emergency assistance to people experiencing homelessness. Eligible uses include, but are not limited to the following: a. Homelessness prevention activities, b. Criminal justice diversion programs for homeless individuals with mental health needs, c. Establishing or expanding services meeting the needs of homeless youth or youth at risk of homelessness, and d. Emergency aid. The parameters of the program are intentionally broad to allow local communities to be creative and craft programs that meet the specific needs they have identified . All activities must directly benefit the target population. Expenditure Deadlines The HEAP statute mandates that 50 percent of the awarded funds must be contractually obligated by January 1, 2020. Additionally, 100 percent of the funds must be expended by June 30, 2021. Unexpended funds must be returned to the Business, Consumer Services and Housing Agency (BCSH) and will revert to the General Fund. Finally, administrative costs are 4.9.a Packet Pg. 117 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H2 Homeless Emergency Aid Program (HEAP) – Program Guidance capped at five percent of program funds, but this does not include staff costs directly related to carrying out program activities. Eligible Applicants For the HEAP program, an Administrative Entity (AE) is the CoC . The CoC is the eligible applicant for HEAP funding for the same geographic boundaries for which it administers federal Department of Housing and Urban Development CoC funds. LCs with populations over 330,000 are also eligible applicants. Please refer to the California Department of Finance website for population estimates. LC grant applicants will enter into a contract with BCSH and administer their own funds separately, however, they will still be expected to collaborate with their CoC. Shelter Crisis Declaration The shelter crisis declaration is required for all cities and counties within a CoC that wish to receive HEAP funds, except for CoCs with fewer than 1,000 homeless people, based on the 2017 Point in Time count. Each incorporated city must declare a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code . Counties may declare a shelter crisis only for the unincorporated areas of the county. The declaration is a resolution that must be adopted by the governing body of a jurisdiction or jurisdictions within a CoC or LC. A sample resolution has been provided (see attachment A). If a CoC has fewer than 1,000 homeless people, they may submit with their application a waiver exempting all cities and the counties that are part of the CoC from declaring a shelter crisis . Pre-Application Program Timeline Beginning in early August, the HEAP team will begin the distribution of key prog ram information and documents. These pre-application materials will help inform the local collaborative process and assist stakeholders as they plan their applications. Program Guidance, Timeline, Sample Shelter Crisis Resolution, Funding Allocations August 3, 2018 The guidance document includes a program timeline, sample resolution and funding allocation spreadsheet. HEAP Frequently Asked Questions August 10, 2018 The FAQs will be updated on a regular basis on the HCFC website: http://www.bcsh.ca.gov/hcfc/ Sample Application and Instructions August 17, 2018 An application map will be released in advance of the HEAP Notice of Funding Availability (NOFA). The map will track to the application. The map, once completed will make the application process seamless. August 20, 2018 Application instructions will be distributed along with the sample application. Workshops/Webinars - Application Training Documents August 13 – Ongoing Outreach and technical assistance will be conducted by the HEAP team. A detailed schedule will be posted on the HCFC website at a later date. Application Timeline Applications will be accepted immediately upon release of the Round 1 Notice of Funding Availability (NOFA) beginning on September 5, 2018. The Round 2 NOFA is planned for release on February 15, 2019. If, after the second round of awards, not all funds have been 4.9.a Packet Pg. 118 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H3 Homeless Emergency Aid Program (HEAP) – Program Guidance claimed by all administrative entities, the BCSH shall, no later than June 15, 2019, work with the Department of Finance to identify an appropriate allocation methodology for a third round of awards or determine if any unallocated funds should revert to the General Fund. Round 1 NOFA Release September 5, 2018 Early Applications Reviews Start*** Starting in September 2018 Early Applications Awarded Starting in September 2018 Early Distribution of Funds Begins Starting in late October 2018 Round 1 Application Cut-off Date No later than December 31, 2018 Standard Applications Awarded No later than January 2019 Standard Distribution of Funds Begins April 2019 Round 2 NOFA Release February 15, 2019 Early Applications Reviews Start*** Starting in February 2019 Early Applications Awarded Starting in February 2019 Early Distribution of Funds Begins Starting in late March 2019 Round 2 Application Cut-off Date No later than April 30, 2019 Standard Applications Awarded No later than May 2019 Standard Distribution of Funds Begins July 2019 ***The HEAP team, recognizing the urgent need in cities and counties, encourages early applications and will review applications, make award decisions, and disburse funds on a rolling basis, immediately upon receipt. Application Process HEAP applications will be received through an online portal, with supporting attachments submitted via email. There are separate applications for CoCs and LCs. The applicant (CoC or LC) must submit with the application proof that a resolution declaring a shelter crisis has been approved for all jurisdictions receiving funds. Applicants must conduct a local collaborative application process to determine how HEAP funds will be utilized in the C oC or LC. The submitting entity must also demonstrate coordination with stakeholders, including but not limited to, homeless service and housing providers, law enforcement, cities, and homeless advocates whose general service area falls within the CoC or LC. The CoC or LC in turn may make sub-awards to entities it determines are qualified to carry out the eligible activities and operate within areas with approved shelter crisis status . Special Notes Collaboration CoCs and LCs must demonstrate that a local collaborative effort has been conducted prior to application submission. A collaborative process may include, but is not limited to, a public meeting, regional homeless taskforce meeting, letters of support with signatures of endorsement, an adopted homeless plan, and an adopted budget which includes HEAP funds . Proof of a public process may include sign-in sheets, meeting minutes, agendas, and public comment logs, among other items. It is important that a wide enough range of participants are consulted as part of this process. Participants should include representatives of local homeless 4.9.a Packet Pg. 119 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H4 Homeless Emergency Aid Program (HEAP) – Program Guidance service provider entities, law enforcement, behavioral health, and city and county public officials. Homeless Youth The HEAP statute requires a minimum investment of five percent of all awards be set aside for emergency assistance for homeless youth. The HEAP team encourages and expects local CoCs and LCs to work with youth advocates and related stakeholders to consider the level of investment that makes sense for this most vulnerable segment of the target population. Contact the Program The HCFC will be providing ongoing technical assistance and training to support CoCs and LCs in successfully applying for and administering HEAP funds . Additional information regarding the HEAP program is available on the HCFC website. To receive information releases regarding the HEAP program, please register for the program listserv. If you have questions, please direct them to the HCFC inbox at HCFC@BCSH.ca.gov . 4.9.a Packet Pg. 120 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H5 Homeless Emergency Aid Program (HEAP) – Program Guidance Attachment A – Sample Crisis Declaration Resolution DRAFT Sample Resolution: Declaration of a Shelter Crisis RESOLUTION NO. _____________ RESOLUTION OF [insert name of local governing body, e.g. City Council or County Board of Supervisors] OF THE [insert name of jurisdiction, e.g. City or County here] _________________, STATE OF CALIFORNIA declaring a shelter crisis pursuant to SB 850 (Chapter 48, Statutes of 2018 and Government Code § 8698.2). The ____________ [insert name of local gove rning body, e.g. City Council or County Board of Supervisors] Finds: WHEREAS, California’s Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; WHEREAS, The Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018 -19 Budget Act (Chapter 48, Statutes of 2018); WHEREAS, The Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code §8698.2; WHEREAS, [insert name of city or county here] has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; WHEREAS, [insert name of city or county here] finds that [Insert the 2017 Point in Time Count for the jurisdiction] persons within the [insert name of city or county here] are home less and living without shelter; WHEREAS, [insert name of city or county here] finds that the number of homeless is significant, and these persons are without the ability to obtain shelter ; WHEREAS, [insert name of city or county here] finds that the health and safety of unsheltered persons in the [insert City or County] is threatened by a lack of shelter; WHEREAS, [insert name of city or county here] affirms the [insert: City’s or County’s] __________ commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities; REQUIRED 4.9.a Packet Pg. 121 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H6 Homeless Emergency Aid Program (HEAP) – Program Guidance NOW, THEREFORE, BE IT RESOLVED BY THE [insert name of city council or county board of supervisors here] __________________, CALIFORNIA, that a shelter crisis pursuant to Government Code §8698.2 exists in [insert name of city or county here] ____________, and authorizes the [insert: City’s or County’s] _______ participation in the Homeless Emergency Aid Program. PASSED AND ADOPTED by the [insert governing body here] ___________ of the [insert name of city or county here] ____________, State of California at the meeting of the said [insert Board or City Council] held on the ___ day of _____________ by the following vote: AYES: [insert name of local governing body]: __________________ NOES: [insert name of local governing body]: __________________ ABSTAIN: [insert name of local governing body]: __________________ ABSENT: [insert name of local governing body]: __________________ By: ____________________________________ ________________________, CHAIR PERSON ________________ [insert name of local governing body] ATTEST: By: ______________________________________ Date: ____________________________________ APPROVED AS TO LEGAL FORM: By: _____________________________________ Date: ____________________________________ Required: This is a specific term used in the code. Other terms such as shelter emergency, or homeless crisis are not sufficient. 4.9.a Packet Pg. 122 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H7 Homeless Emergency Aid Program (HEAP) – Program Guidance Attachment B – Formula Funding Estimates CoC Number Jurisdiction Total Homeless, 2017 Percent of Total State Homeless, 2017 Section 50213(a) Per Jurisdiction portion of $250M Section 50213(b) $100M Distribution Based on Percent of Homeless Population Total of CoC Distribution per 50213(a) and (b) 50214(c) 5% Minimum Youth Set-aside Per Continuum of Care total of 50213(a) and (b) CA-600 Los Angeles City & County 55,188 41.100% $ 40,000,000.00 $ 41,099,807.86 $ 81,099,807.86 $ 4,054,990.39 CA-601 San Diego City & County 9,160 6.822% $ 12,000,000.00 $ 6,821,668.48 $ 18,821,668.48 $ 941,083.42 CA-500 San Jose/Santa Clara City & County 7,394 5.506% $ 12,000,000.00 $ 5,506,486.54 $ 17,506,486.54 $ 875,324.33 CA-501 San Francisco 6,858 5.107% $ 12,000,000.00 $ 5,107,314.68 $ 17,107,314.68 $ 855,365.73 CA-502 Oakland, Berkeley/Alameda County 5,629 4.192% $ 12,000,000.00 $ 4,192,049.33 $ 16,192,049.33 $ 809,602.47 CA-602 Santa Ana, Anaheim/Orange County 4,792 3.569% $ 12,000,000.00 $ 3,568,715.65 $ 15,568,715.65 $ 778,435.78 CA-503 Sacramento City & County 3,665 2.729% $ 10,000,000.00 $ 2,729,412.12 $ 12,729,412.12 $ 636,470.61 CA-506 Salinas/Monterey, San Benito Counties 3,364 2.505% $ 10,000,000.00 $ 2,505,250.30 $ 12,505,250.30 $ 625,262.52 CA-504 Santa Rosa, Petaluma/Sonoma County 2,835 2.111% $ 10,000,000.00 $ 2,111,291.50 $ 12,111,291.50 $ 605,564.57 CA-608 Riverside City & County 2,406 1.792% $ 8,000,000.00 $ 1,791,805.06 $ 9,791,805.06 $ 489,590.25 CA-508 Watsonville/Santa Cruz City & County 2,249 1.675% $ 8,000,000.00 $ 1,674,883.45 $ 9,674,883.45 $ 483,744.17 CA-514 Fresno City & County/Madera County 2,016 1.501% $ 8,000,000.00 $ 1,501,362.84 $ 9,501,362.84 $ 475,068.14 CA-609 San Bernardino City & County 1,866 1.390% $ 8,000,000.00 $ 1,389,654.30 $ 9,389,654.30 $ 469,482.71 CA-606 Long Beach 1,863 1.387% $ 8,000,000.00 $ 1,387,420.13 $ 9,387,420.13 $ 469,371.01 CA-603 Santa Maria/Santa Barbara County 1,860 1.385% $ 8,000,000.00 $ 1,385,185.96 $ 9,385,185.96 $ 469,259.30 CA-510 Turlock, Modesto/Stanislaus County 1,661 1.237% $ 6,000,000.00 $ 1,236,985.95 $ 7,236,985.95 $ 361,849.30 CA-505 Richmond/Contra Costa County 1,607 1.197% $ 6,000,000.00 $ 1,196,770.88 $ 7,196,770.88 $ 359,838.54 CA-511 Stockton/San Joaquin County 1,542 1.148% $ 6,000,000.00 $ 1,148,363.84 $ 7,148,363.84 $ 357,418.19 CA-512 Daly City/San Mateo County 1,253 0.933% $ 4,000,000.00 $ 933,138.71 $ 4,933,138.71 $ 246,656.94 CA-509 Mendocino County 1,238 0.922% $ 4,000,000.00 $ 921,967.86 $ 4,921,967.86 $ 246,098.39 CA-518 Vallejo/Solano County 1,232 0.917% $ 4,000,000.00 $ 917,499.52 $ 4,917,499.52 $ 245,874.98 CA-519 Chico, Paradise/Butte County 1,195 0.890% $ 4,000,000.00 $ 889,944.74 $ 4,889,944.74 $ 244,497.24 CA-613 Imperial County 1,154 0.859% $ 4,000,000.00 $ 859,411.07 $ 4,859,411.07 $ 242,970.55 CA-611 Oxnard, San Buenaventura/Ventura County 1,152 0.858% $ 4,000,000.00 $ 857,921.63 $ 4,857,921.63 $ 242,896.08 CA-614 San Luis Obispo County 1,125 0.838% $ 4,000,000.00 $ 837,814.09 $ 4,837,814.09 $ 241,890.70 4.9.a Packet Pg. 123 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H8 Homeless Emergency Aid Program (HEAP) – Program Guidance CA-507 Marin County 1,117 0.832% $ 4,000,000.00 $ 831,856.30 $ 4,831,856.30 $ 241,592.81 CA-515 Roseville, Rocklin/Placer, Nevada Counties 979 0.729% $ 2,000,000.00 $ 729,084.44 $ 2,729,084.44 $ 136,454.22 CA-516 Redding/Shasta, Siskiyou, Lassen, Plumas, Del Norte, Modoc, Sierra Counties 934 0.696% $ 2,000,000.00 $ 695,571.87 $ 2,695,571.87 $ 134,778.59 CA-513 Visalia/Kings, Tulare Counties 853 0.635% $ 2,000,000.00 $ 635,249.26 $ 2,635,249.26 $ 131,762.46 CA-604 Bakersfield/Kern County 810 0.603% $ 2,000,000.00 $ 603,226.14 $ 2,603,226.14 $ 130,161.31 CA-524 Yuba City & County/Sutter County 760 0.566% $ 2,000,000.00 $ 565,989.96 $ 2,565,989.96 $ 128,299.50 CA-522 Humboldt County 759 0.565% $ 2,000,000.00 $ 565,245.24 $ 2,565,245.24 $ 128,262.26 CA-525 El Dorado County 602 0.448% $ 1,000,000.00 $ 448,323.63 $ 1,448,323.63 $ 72,416.18 CA-607 Pasadena 575 0.428% $ 1,000,000.00 $ 428,216.09 $ 1,428,216.09 $ 71,410.80 CA-521 Davis, Woodland/Yolo County 459 0.342% $ 1,000,000.00 $ 341,828.15 $ 1,341,828.15 $ 67,091.41 CA-520 Merced City & County 454 0.338% $ 1,000,000.00 $ 338,104.53 $ 1,338,104.53 $ 66,905.23 CA-529 Lake County 401 0.299% $ 1,000,000.00 $ 298,634.18 $ 1,298,634.18 $ 64,931.71 CA-526 Tuolumne, Amador, Calaveras, Mariposa Counties 367 0.273% $ 1,000,000.00 $ 273,313.57 $ 1,273,313.57 $ 63,665.68 CA-517 Napa City & County 315 0.235% $ 1,000,000.00 $ 234,587.94 $ 1,234,587.94 $ 61,729.40 CA-523 Colusa, Glen, Trinity Counties 176 0.131% $ 500,000.00 $ 131,071.36 $ 631,071.36 $ 31,553.57 CA-612 Glendale 168 0.125% $ 500,000.00 $ 125,113.57 $ 625,113.57 $ 31,255.68 CA-527 Tehama County 124 0.092% $ 500,000.00 $ 92,345.73 $ 592,345.73 $ 29,617.29 CA-530 Alpine, Inyo, Mono Counties 121 0.090% $ 500,000.00 $ 90,111.56 $ 590,111.56 $ 29,505.58 4.9.a Packet Pg. 124 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) H9 Homeless Emergency Aid Program (HEAP) – Program Guidance Large Cities Allocation CoC Number Jurisdiction 50213(c) Large Cities $150,000,000 Allocation 50213(c) Minimum Youth Set Aside Per Large City Allocation CA-600 Los Angeles $ 85,013,607.00 $ 4,250,680.35 CA-601 San Diego $ 14,110397.95 $ 705,519.90 CA-500 San Jose $ 11,389,987.16 $ 569,499.36 CA-501 San Francisco $ 10,564,313.22 $ 528,215.66 CA-502 Oakland $ 8,671,116.82 $ 433,555.84 CA-602 Santa Ana $ 3,690,885.841 $ 184,544.29 CA-602 Anaheim $ 3,690,885.841 $ 184,544.29 CA-503 Sacramento $ 5,645,699.61 $ 282,284.98 CA-514 Fresno $ 3,105,519.90 $ 155,276.00 CA-606 Long Beach $ 2,869,833.12 $ 143,491.66 CA-604 Bakersfield $ 1,247,753.53 $ 62,387.68 4.9.a Packet Pg. 125 Attachment: 1. Homeless Emergency Aid Program Overview (Shelter Crisis Declaration) RESOLUTION NO. XX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * DECLARATION OF A SHELTER CRISIS WHEREAS, California’s Governor Edmund G. Brown and the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and Legislature have provided funding to local governmen ts under the Homeless Emergency Aid Program as part of SB 850 and the 2018 -19 Budget Act; and WHEREAS, the Governor and Legislature require jurisdiction seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuan t to Government Code Section 8698.2; and WHEREAS, the City of Dublin has undertaken multiple efforts at the local, Tri-Valley, and County level to combat homelessness; and WHEREAS, the City of Dublin finds that according to the January 2017 Alameda County Point- in-Time Count, 5,629 persons within Alameda County, of which 21 were located in the City of Dublin, are homeless; and WHEREAS, the City of Dublin finds that the number of homeless in Alameda County is significant and these persons are without the ability to obtain shelter; and WHEREAS, the City of Dublin finds that the health and safety of unsheltered persons in Dublin and Alameda County is threatened by lack of shelter; and WHEREAS, the City of Dublin affirms its commitment to combatting homelessness and supporting a continuum of shelter and service options for those living without shelter in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares that a shelter crisis pursuant to Government Code Section 8696.2 exists in Dublin and Alameda County and authorizes the City’s participation in the Homeless Emergency Aid Program (HEAP). BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take the appropriate actions necessary to carry out the purpose and intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of September 2018, by the following vote: AYES: NOES: ABSENT: 4.9.b Packet Pg. 126 Attachment: 2. Resolution Declaring a Shelter Crisis (Shelter Crisis Declaration) ABSTAIN: ______________________________ Mayor ATTEST: _______________________________ City Clerk 4.9.b Packet Pg. 127 Attachment: 2. Resolution Declaring a Shelter Crisis (Shelter Crisis Declaration) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Second Reading of Ordinance Amending the Dublin Municipal Code regarding City Councilmembers' Salaries Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider adopting an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers following certification of the November 2018 General Municipal election. The first reading of this ordinance was held at the September 4, 2018 Regular City Council meeting. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council. FINANCIAL IMPACT: Sufficient funds are in the FY2018-19 budget to cover the increase. DESCRIPTION: Chapter 2.08.020 of the Dublin Municipal Code establishes the salaries for City Council members (Attachment 1). The Dublin City Council last adjusted salaries for the City Council in December 2016, which was effective after the November 2016 election (Attachment 2). City Councilmembers currently receive $1,098.71 p er month as compensation. Dublin Municipal Code section 2.08.040 provides an additional $100 per month to the Mayor in addition to the salary he/she receives as a Councilmember. The Mayor’s current salary is $1,198.71 per month. At the April 3, 2018 City Council meeting, the City Council approved a salary increase for City Councilmembers equal to 5% per year since its last increase, as allowed by Government Code Section 36516(a)(4). With the approved increase, City Councilmembers will receive $1,211.33 per month, with the Mayor receiving $100 more 4.10 Packet Pg. 128 Page 2 of 2 per month, or $1,311.33. The first reading of this ordinance was held at the September 4, 2018 Regular City Council meeting. In accordance with Dublin Municipal Code Section 2.08.020.B and state law, the sa lary adjustment will not become effective until new City Councilmembers are sworn into office following certification of the November 2018 election. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Dublin Municipal Code Section 2.08.020 2. Ordinance No. 10-16 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council 3. Proposed Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council 4.10 Packet Pg. 129 Dublin Municipal Code Chapter 2.08 CITY COUNCIL Page 1/1 The Dublin Municipal Code is current through Ordinance 9-17, passed September 19, 2017. Chapter 2.08 CITY COUNCIL Sections: 2.08.010 Meeting place designated. 2.08.020 Salary for members established. 2.08.030 Election of Mayor and Councilmembers—Term of office. 2.08.040 Mayor’s salary. 2.08.050 Term limits. 2.08.010 Meeting place designated. A. The City Council will hold all regular meetings in the Council Chambers at the Dublin Civic Center, located at 100 Civic Plaza, in the city. B. If the regular meeting place is unable to accommodate the number of persons in attendance, the City Council may recess the meeting to another place. If the City Council anticipates that the regular meeting place will be inadequate, the City Council, or Mayor in the event of an emergency, may order that the meeting be held in another place. (Ord. 17-09 § 1 (part): Ord. 14-89 §§ 1, 2) 2.08.020 Salary for members established. A. Pursuant to Section 36516 of the Government Code, which provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand ninety-eight dollars and seventy-one cents ($1,098.71) per month. B. No Councilmember shall be eligible to receive the increase provided herein until one (1) or more Councilmembers begin a new term of office. (Ord. 10-16 § 2; Ord. 2-12 § 2; Ord. 17-09 § 1 (part): Ord. 5-08 § 2; Ord. 3-06 § 2; Ord. 7-04 § 2; Ord. 7-02 § 2; Ord. 23-99 § 2; Ord. 6-91 § 2; Ord. 1-90 § 2; Ord. 3-89 §§ 2, 3: Ord. 4- 88 §§ 2, 3: Ord. 8-87 §§ 3, 4: Ord. 22-85 § 3: Ord. 6, 1982) 2.08.030 Election of Mayor and Councilmembers—Term of office. A. The electors shall hereafter elect a Mayor and four (4) City Councilmembers. B. The term of office of the Mayor shall be two (2) years. (Ord. 17-09 § 1 (part): Ord. 11-92 §§ 1, 2) 2.08.040 Mayor’s salary. The Mayor shall receive a monthly salary of one hundred dollars ($100), in addition to that which he/she receives as a Councilmember. (Ord. 17-09 § 1 (part): Ord. 13-92 § 2) 2.08.050 Term limits. No person shall serve as Councilmember for more than two (2) consecutive terms, nor shall any person serve as Mayor for more than four (4) consecutive terms. In addition: (A) no person who has served as a Councilmember for one (1) term shall serve more than two (2) terms as Mayor if the terms as Councilmember and Mayor are consecutive; (B) no person who has served as Councilmember for two (2) consecutive terms shall serve a consecutive term as Mayor; (C) no person who has served as Mayor for three (3) or four (4) consecutive terms shall serve a consecutive term as a Councilmember; (D) no person who has served as Mayor for two (2) consecutive terms shall serve more than one (1) succeeding consecutive term as Councilmember; (E) no person who has served consecutive terms as Mayor and Councilmember shall serve more than one (1) more consecutive term as Mayor; and (F) no person who has served consecutive terms as Mayor and Councilmember shall serve another consecutive term as Councilmember. As used herein, a person shall be considered to have served a term of office as a Councilmember if such person has served as a Councilmember for two (2) years plus one (1) day and a person shall be considered to have served a term of office as Mayor if such person has served as Mayor for one (1) year plus one (1) day. (Ord. 17-09 § 1 (part): Ord. 18-96 § 1) 4.10.a Packet Pg. 130 Attachment: 1. Dublin Municipal Code Section 2.08.020 (CC Salaries 2018) ORDINANCE NO. 10 — 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. PURPOSE Ordinance No. 6-82 established salaries for members of the City Council, as amended by Ordinances No. 22-85, 8-87, 4-88, 3-89, 1-90, 6-91, 23-99, 7-02, 7-04, 3-06, 5-08 and 2-12. The purpose of this Ordinance is to modify salaries for members of the City Council in accordance with Government Code Section 36516. The salary increase shall become effective when new Councilmembers are sworn into office following the certification of the November 2016 General Municipal Election. Section 2: AMENDMENT OF MUNICIPAL CODE Section 2.08.020, Subsection A of the Dublin Municipal Code is hereby amended to read as follows: Pursuant to Section 36516 of the Government Code which provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand ninety-eight dollars and seventy-one cents 1,098.71) per month. Section 3: EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 15th day of November 2016 by the following vote: AYES: Councilmembers Biddle, Hart, Gupta and Wehrenberg NOES: ABSENT: Mayor Haubert ABSTAIN:i./ II yor Pro Tempore ATTEST: tm? t-f- Qf City Clerk Ord No. 10-16, Adopted 11/15/2016, Item No. 4.2 Page 1 of 1 4.10.b Packet Pg. 131 Attachment: 2. Ordinance No. 10-16 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members Ord. No. XX-18, Adopted XX/XX/18, Item No. 4.X Page 1 of 1 ORDINANCE NO. XX - 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. PURPOSE Ordinance No. 6-82 established salaries for members of the City Council, as amended by Ordinances No. 22-85, 8-87, 4-88, 3-89, 1-90, 6-91, 23-99, 7-02, 7-04, 3-06, 5-08, 2-12 and 10- 16. The purpose of this Ordinance is to modify salaries for members of the City Council in accordance with Government Code Section 36516. The salary increase shall become effective when new Councilmembers are sworn into office following the certification of the November 2018 General Municipal Election. Section 2: AMENDMENT OF MUNICIPAL CODE Section 2.08.020, Subsection A of the Dublin Municipal Code is hereby amended to read as follows: Pursuant to Section 36516 of the Government Code which provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand two hundred eleven dollars and thirty-three cents ($1,211.33) per month. Section 3: EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin shall cause t his Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ____day of __________, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.10.c Packet Pg. 132 Attachment: 3. Proposed Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Waive Reading and Introduce Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by: Lauren Quint, Assistant City Attorney EXECUTIVE SUMMARY: At the June 5, 2018 meeting, the City Council directed the City Attorney to review the City’s Conflict of Interest Code and make a dete rmination by October 1, 2018 if there is a need to amend the Conflict of interest Code. The City Attorney has conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. STAFF RECOMMENDATION: Waive the reading, and INTRODUCE an Ordinance Amending the City’s Conflict of Interest Code, and direct Staff to file the 2018 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 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 4.11 Packet Pg. 133 Page 2 of 3 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 on November 15, 2016. 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, the City Attorney has completed a thorough review of the Conflict of Interest Code, the job specifications for all City employment positions, as well as the FPPC regulations governing the update process and recommends the following changes to Chapter 2.24. 1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to add six 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. Deputy City Clerk (disclosure category 3) b. Senior Public Works Inspector (disclosure category 1) c. Recreation Manager (disclosure category 3) d. Public Works Maintenance Superintendent (disclosure category 1) e. Special Projects Manager (disclosure category 1) f. Capital Improvement Program (CIP) Manager (disclosure category 1) 2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to delete two City positions that have been eliminated. a. Planning Manager (deleted via Resolution No. 57-18) b. Senior Building Inspector (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 2019 Local Agency Biennial Notice with the FPPC. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 4.11 Packet Pg. 134 Page 3 of 3 ATTACHMENTS: 1. California Government Code 82011(c), 87306.5 2. 2018 Local Agency Biennial Notice 3. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code 4.11 Packet Pg. 135 4.11.a Packet Pg. 136 Attachment: 1. California Government Code 82011(c), 87306.5 (COI Update) 4.11.a Packet Pg. 137 Attachment: 1. California Government Code 82011(c), 87306.5 (COI Update) 4.11.b Packet Pg. 138 Attachment: 2. 2018 Local Agency Biennial Notice (COI Update) ORDINANCE NO. __ 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/Records Manager 3 City Engineer 1 Code Enforcement Officer 1 Community Development Director 1 “Consultant”* as defined in FPPC Reg. sect. 18700.3 1 Deputy City Clerk 3 Economic Development Director/Public Information Officer 1 Environmental Coordinator 1 Heritage and Cultural Arts Manager 1 4.11.c Packet Pg. 139 Attachment: 3. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code (COI Update) Housing Specialist 1 Human Resources Director 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 Plan Checker 1 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. // // // // // 4.11.c Packet Pg. 140 Attachment: 3. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code (COI Update) 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. PASSED, APPROVED AND ADOPTED this _____ day of ___________, 2018. AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ Caroline Soto, City Clerk 3060092.1 4.11.c Packet Pg. 141 Attachment: 3. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code (COI Update) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Adoption of Amendments to Chapter 5.100 (Parks and Recreation Areas and Facilities) and Adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to Restrict the Operation of Unmanned Aircraft Systems Prepared by: Robert Paley, Assistant Planner EXECUTIVE SUMMARY: At the September 4, 2018 City Council Meeting, the City Council took action to adopt the Ordinance related to the regulation of unmanned aircraft systems; however, due to a discrepancy in the Ordinance between the first reading and second reading, the City Council is again being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt an Ordinance Amending Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the flying of unmanned aircraft systems within City limits. FINANCIAL IMPACT: None. DESCRIPTION: At the September 4, 2018 City Council Meeting, the City Council waived the second reading and adopted the Ordinance; however, due to a discrepancy in the Ordinance between the first reading and second reading, the City Council is again being asked to waive the second reading and adopt the Ordinance (Attachment 1). A second reading of the Ordinance is required prior to adoption. A copy of the September 4, 2018 City Council Staff Report is attached (Attachment 2). 4.12 Packet Pg. 142 Page 2 of 2 ENVIRONMENTAL REVIEW: This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather restricts the flying of unmanned aircraft systems within the City. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin Municipal Code 2. City Council Staff Report September 4, 2018 4.12 Packet Pg. 143 ORDINANCE NO. XX - 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * ** * * * * * * * * * * * * * * AMENDING CHAPTER 5.100 (PARKS AND RECREATION AREAS AND FACILITIES) AND ADDING CHAPTER 5.116 (UNMANNED AIRCRAFT SYSTEMS) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE TO RESTRICT THE OPERATION OF UNMANNED AIRCRAFT SYSTEMS PLPA-2018-00019 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS A. Unmanned aircraft systems are so-called drones or other unmanned aircraft that can fly under the control of a remote pilot, first person view, or via a global positioning system guided autopilot mode; and B. Federal laws and regulations allow unmanned aircraft systems to fly at altitudes below the navigable airspace (generally set at 500 feet above incorporated cities). Commercial operation of unmanned aerial system is regulated by the Federal Aviation Administration, which, among other things, has prohibited operations beyond the line of sight of the operator, above 400 feet, at night, and above people and structures . Federal law prohibits the FAA from regulating “hobbyist” operations to the extent operated within the line of sight of the operator ; and C. The City of Dublin currently prohibits the operation of “powered or line-attached model crafts of any kind or description” in all City parks, with some exception; but does not specifically identify “unmanned aircraft systems” (Dublin Municipal Code Section 5.100.110D); and D. Changes in technology require clarification that the prohibition of “powered or line- attached model crafts of any kind or description” also includes unmanned aircraft systems; and E. Unmanned aircraft systems have become increasingly popular and available to private citizens and hobbyists, as well as commercial enterprises; and F. Unmanned aircraft systems can be equipped with cameras, as well as mechanized to carry and drop packages; and G. Unmanned aircraft systems have become a threat to the public health, safety and welfare of the community for their ability to be flown with little restriction over public events and government facilities such as Alameda County Santa Rita Jail, Federal Correctional Institution (FCI) Dublin, Camp Parks and similar government lands within City limits; and H. The City Council desires to clarify the regulations pertaining to the use of unmanned aircraft systems within City parks, over public events, government facilities and other areas of the City to ensure the public’s health, safety and welfare in the City of Dublin; and 4.12.a Packet Pg. 144 Attachment: 1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin Municipal Code (Drone Ordinance Amendments I. The City Council held a duly noticed public hearing on the proposed amendments on August 21, 2018 at which time all interested parties had the opportunity to be heard. SECTION 2. Section 5.100.110 (D) (Parks and Recreation Areas and Facilities) of the Dublin Municipal Code is hereby amended to read as follows: D. Operate powered or line-attached model crafts of any kind or description and unmanned aircrafts systems, as defined in Section 5.116.020, except in areas provided for such specific activities; SECTION 3. Chapter 5.116 (Unmanned Aircraft Systems) is added to Title 5 (Public Welfare) of the Dublin Municipal Code to read as follows: "Sections: 5.116.010 Purpose and intent. 5.116.020 Definitions. 5.116.030 Restrictions. 5.116.040 Exemptions. 5.116.050 Enforcement. 5.116.010 Purpose and intent. This chapter is intended to promote public safety , protect people engaging in public events, and to control the activity below the navigable airspace over and within one-half mile of Government Facilities. All restrictions are intended to protect persons gathered in groups where risk of injury is high due to a greater number of people gathered in a close proximity. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety while recognizing the limitations in the FAA’s regulations and enforcement capabilities. 5.116.020 Definitions. “City-sponsored event” means an event as defined in Section 5.56.040. “Unmanned Aircraft Systems” means drones and other unmanned aircraft that fly under the control of a remote pilot, first person view, or via a global positioning system guided autopilot mode. “Government Facilities” means property owned and occupied by the United States of America (or any of its agencies), the State of California (or any of its agencies), the County of Alameda, the City of Dublin, the Dublin San Ramon Services District, and the Dublin Unified School District. Government Facilities specifically includes parks, as defined in Section 5.100.020, the Santa Rita Jail, the Federal Correctional Institution (FCI) Dublin, and Parks Reserve Forces Training Area. 4.12.a Packet Pg. 145 Attachment: 1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin Municipal Code (Drone Ordinance Amendments 5.116.030 Restrictions. A. Unless otherwise exempt under this chapter, it is unlawful for a person to: 1. deploy or launch an unmanned aircraft system within one-half mile of Government Facilities and City-sponsored events. 2. fly or operate an unmanned aircraft system in the airspace outside of the navigable airspace, as defined by federal law, that is within a one-half mile radius of Government Facilities and City- sponsored events. 3. operate an unmanned aircraft system without registering with the Federal Aviation Administration (FAA), where required by federal law or regulation. 4. operate an unmanned aircraft in a manner that is prohibited by federal law or regulations. 5.116.040 Exemptions. This chapter shall not prohibit the use of unmanned aircraft systems by the City, Dublin San Ramon Services District, Dublin Unified Schoo l District, or designee, and any law enforcement agency for an otherwise lawful purpose and in a lawful manner. 5.116.050 Violation—Penalty. Any person violating any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as provided in the City has the authority to cite an infraction as provided in Section 1.04.030 Violations as misdemeanors or infractions —Penalties of the Dublin Municipal Code. SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. Th e adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather restricts the flyi ng of unmanned aircraft systems within the City. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. 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 4.12.a Packet Pg. 146 Attachment: 1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin Municipal Code (Drone Ordinance Amendments 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 OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause 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 BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this ___ day of __________, ____, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Mayor ATTEST: _____________________ City Clerk 4.12.a Packet Pg. 147 Attachment: 1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin Municipal Code (Drone Ordinance Amendments Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendments to Chapter 5.100 (Parks and Recreation Areas and Facilities) and Adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to Restrict the Operation of Unmanned Aircraft Systems Prepared by: Robert Paley, Assistant Planner EXECUTIVE SUMMARY: The City Council will consider amending the Dublin Municipal Code related to the regulation of unmanned aircraft systems. This includes an amendment to Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding of Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the operation of unmanned aircraft systems within portions of the City limits around Government Facilities and City-sponsored events The proposed amendment will promote public safety, protect people engaging in public e vents, and control activity below the navigable airspace over and within one -half mile of Government Facilities. On August 21, 2018, the City Council held a public hearing and introduced an Ordinance adopting the proposed amendments to the Dublin Municipal Code. The City Council is being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt an Ordinance Amending Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the flying of unmanned aircraft systems within City limits. FINANCIAL IMPACT: None. PROJECT DESCRIPTION: An unmanned aircraft system (UAS), also known as a drone, is an aircraft without a human pilot onboard – rather, the UAS is controlled remotely from an operator on the ground. UAS are to some extent subject to regulation by the Federal Aviation 4.12.b Packet Pg. 148 Attachment: 2. City Council Staff Report September 4, 2018 (Drone Ordinance Amendments Second Reading (PLPA-2018-00019)) Page 2 of 2 Administration (FAA) to ensure safety of flight, and safety of people and property on the ground. However, because UAS can fly at altitudes below the navigable airspace (generally set at 400 feet), the FAA’s regulations are somewhat limited. While some activities that are regulated by the FAA are also prohibite d by federal law, states and local jurisdictions are increasingly regulating the operation of UAS. An Ordinance has been prepared which restricts the operation of unmanned aircraft systems within City limits to ensure safety of flight, and the safety of people and property on the ground, as a reasonable use of municipal police power. The Ordinance amends Chapter 5.100 (Parks and Recreation Areas and Facilities) to clarify that drones are included in the City’s existing prohibition on the operation of “powered or line-attached model crafts of any kind or description” in City parks. The proposed new Chapter 5.116 prohibits unmanned aircraft systems from being deployed, launched, operated or flown in any airspace within a one-half mile radius of Government Facilities and City-sponsored events. Please refer to the City Council Staff Report dated August 21, 2018 for a complete discussion of the proposed Ordinance (Attachment 1). On August 21, 2018, the City Council waived the reading and introduced the propose d Ordinance. The City Council is being asked to waive the second reading and adopt the Ordinance (Attachment 2). ENVIRONMENTAL REVIEW: This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather restricts the flying of unmanned aircraft systems within the City. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice regarding this Public Hearing was published in the East Bay Times and 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. ATTACHMENTS: 1. City Council Staff Report dated August 21, 2018 (without attachments) 2. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to Title 5 of the Dublin Municipal Code 4.12.b Packet Pg. 149 Attachment: 2. City Council Staff Report September 4, 2018 (Drone Ordinance Amendments Second Reading (PLPA-2018-00019)) Page 1 of 8 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Update on Economic Development Efforts in Downtown Dublin Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive an update on the City’s economic development efforts to support and enhance Downtown Dublin, which includes a report from the Urban Land Institute’s Technical Assistance Panel. STAFF RECOMMENDATION: Receive the report and approve the proposed Work Plan. FINANCIAL IMPACT: Receipt of the report does not directly result in a financial impact; however, if the City Council concurs with the Staff’s work plan items, there will be related costs associated with each action. Future items that exceed the City Manager’s signing or budget authority will be brought back for consideration by the City Council. DESCRIPTION: Overview The City Council, through its Strategic Planning process, continues to place importance on the Downtown. For the next two fiscal years, the City Council has directed Staff to focus efforts on ways to strengthen the City’s economic vitality, including the Downtown, through public investment and economic development. Among some of the actions, the City Council has requested that Staff continue to offer a package of incentives and grants to assist small businesses and to help them make physical improvements to their properties. Additionally, the City Council has asked Staff to assist in marketing Downtown locations as opportunity sites, and work with select property owners to update outdated Covenants, Conditions and Restrictions (CC&Rs) that have been a barrier to substantive change and transformation in the Retail District. Lastly, the City Council asked Staff to engage with the Urban Land Institute Technical 7.1 Packet Pg. 150 Page 2 of 8 Assistance Panel to recommend some additional ways to advance the City’s Downtown efforts. Staff has been working on these items for the past few mont hs and has assembled information on the City Council’s previous action, current activities, as well as a proposed action plan moving forward. Background In June 2011, the City retained the services of the Urban Land Institute’s Technical Assistance Panel to provide feedback on the Downtown’s new plan. The Urban Land Institute (ULI) is the oldest and largest network of cross-disciplinary real estate and land use experts in the world. The Technical Assistance Panels (TAP) are part of the ULI Advisory Services program and they provide expert, multidisciplinary advice to local governments, public agencies and nonprofit organizations facing complex land use and real estate issues. Many of the recommendations from that report seven years ago have been carried o ut by the City Council and the City has seen major transformations in the Downtown Transit District as a result of those efforts. The table below summarizes the City Council’s efforts in relation to the 2011 report recommendations: Recommendations Actions Focus on the Transit District and Key Parcels • Development of the Connolly Station residential project (former vacant parcel) • Development of the Aster residential project and Valor Crossing Veteran’s project (former auto dealer site) • Approval of the redevelopment of the Prologis site (Bayview Development) Leveraging Current Opportunities for Public-Private Partnerships • Worked with BayWest and Eden Housing for the development of the Valor Crossing Veterans housing project Undertake Streetscape Redesign for Golden Gate Drive • Full streetscape improvement completed on Golden Gate Drive, including pedestrian and bicycle improvements (approximately $1.8 million) Assess Downtown Public Improvement Financing Strategies • Commercial Façade Improvement Program was adopted to assist businesses located in the Downtown who wanted to improve the exterior of their building. Since the program’s adoption, four façade remodels have been completed: o Façade remodel of exterior building located at 7114 Village Parkway (Platinum Fitness and miscellaneous retail shops) o Façade remodel and outdoor seating area located at 7032 Village Parkway (Three Sheets Craft Beer and miscellaneous retail shops) o Façade remodel of exterior building located at 7111 Village Parkway (relocation of Rhama 7.1 Packet Pg. 151 Page 3 of 8 Mediterranean Market and new Amalfi Restaurant) o Outdoor dining patio located at 7083 Village Parkway (Mirchi Café) • Small Business Assistance Grant Program was adopted to assist Dublin-based businesses with the cost of complying with federal, state and local laws. Since the program’s adoption, nine grant awards have been completed: o Five grant awards went to assist with trash enclosure improvements (grant recipients include retail shopping centers that were able to attract new businesses such as Tous Les Jours, Burma Burma, Sourdough Bread & Co., and SweetHoney Dessert) o Four grant awards went to assist with Title 24 and accessibility upgrades (grant recipients include Three Sheets Craft Beer, Mirchi Café, Care Administration and Management Professionals, Inc., and Parkway Investors) 2018 TAP REPORT In November 2017, the City Council directed Staff to work again with the ULI’s TAP program to get recommendations on ways to catalyze change in the Downtown Retail District. Based on City Council direction, Staff asked the TAP to analyze and provide recommendations on the following: • Identify ways to create a sense of place in the Downtown. • Evaluate the current mix of property owners and the Covenants, Conditions and Restrictions and provide recommendations on how to untangle them. • Prioritize where the City should focus the remaining residential units in the Downtown Pool. • Evaluate the 2012 Village Parkway Parking Reduction Program and recommend whether the program could be replicated in other areas of the Downton. • Identify the best way for the City to invest funds in the Downtown that would have the greatest economic and physical impact. In April 2018, the TAP spent two days (April 17 & 18) in Dublin examining these issues. The TAP toured the area, met with the Economic Development Committee representatives, key City staff, as well as conducted interviews with stakeholders. The TAP panel was made up of a number of well-respected experts, representing a variety of disciplines and bringing a range of perspectives to the assignment: • Bob Burke, Greenheart Land Company, Principal (Panel Chair) As a principal in Greenheart Land Company, Burke is responsible for the acquisition and development of retail, office and apartment properties in the San Francisco Peninsula. 7.1 Packet Pg. 152 Page 4 of 8 • Christina Briggs, Economic Development Deputy Director & Assistant to the City Manager, City of Fremont Briggs has led business and economic development efforts in local government for more than 15 years providing economic health analysis and industry clust er strategies. • Christine Firstenberg, Principal, Retail Real Estate Resources As a principal in Retail Real Estate Resources, Firstenberg has more than 30 years’ experience in the Greater San Francisco and northern California retail real estate industry. • Jane Lin, Partner, Urban Field Studio As a founding partner of Urban Field Studio, Lin has a background in both architecture and planning working on projects that include revitalization of main street retail. • Ken Lowney, President and CEO, Lowney Archite cts As President and Chief Executive Officer, Lowney has extensive experience in modular, grocery stores, retail, multifamily housing, restaurants, offices, parking structures, and master planning. • Ben Sigman, Principal, Economic and Planning Systems As a principal in Economic & Planning Systems, Sigman brings nearly 20 years of experience as an economist providing significant expertise analyzing land use projects and policies. • Rae Smith, Senior Planner and Urban Designer, HOK (TAP Writer) As a Senior Planner and Urban Designer in HOK, Smith brings expertise in the planning, design, and entitlement of corporate, university and health care campuses; mixed-use districts; and transit-oriented developments. Summary of Report Recommendations The Report (Attachment 1) is a culmination of the various disciplines represented on the Panel. There are a diverse set of ideas and suggestions that are part of the recommendations. The overarching theme of the Report is that this change will take time, effort, funding and certainty by the City to effectuate the desired transformation. Some of the recommendations made by the ULI TAP are actions that City staff could begin working now on with the direction of the City Council. Some of those recommendations include the shifting of housing units from the Transit District to the Retail District; identifying locations for pop-up spaces and events; increasing developer clarity regarding the City’s goals for the Retail District ; hiring a consultant to assist with untangling the CC&Rs of two major shopping centers (Dublin Place and Dublin Plaza Center); and working with an architect on design schematics for the Retail District . Other recommendations that will take additional time to accomplish include the identification, assemblage and development of a town square; analyzing Downtown’s infrastructure needs; and attracting and developing mixed-use residential projects. 7.1 Packet Pg. 153 Page 5 of 8 If directed to work on these recommendations, Staff recommends the creation of a Downtown Action Team that will be led by the Assistant City Manager, and consist of an internal multi-disciplinary team, including Economic Development (Assistant to the City Manager and Management Analyst II), Public Works (Senior Civil Engineer - Development), and Community Development (Principal Planner). Upon formation, the Team will flesh out the action plan and associated timeline. Ongoing efforts will be shared with the Economic Development Committee and the City Council as appropriate. Transforming the Downtown and the Retail District will require resources. Currently, the City has $2 million set aside in a General Fund committed reserve for economic development efforts. In order to make substantive change and transformative improvements to the Downtown, additional funding will be needed. In addition to the $2 million set aside by the City Council to assist with either public or private investment in the Downtown, the City can leverage additional, restricted funding for public investment, including: • Downtown Community Benefit Payments • Downtown Public Improvement Reserve • A portion of public facility impact fees from the Bayview project for parkland acquisition and improvement • Public Art In-Lieu Funds • Funds from the sale of the parcel acquired as part of the Bayview Community Benefit Agreement. Following is a short list of items that could benefit from those funding sources: • New and existing economic development programs • Development of a space activation plan • Amending the CC&Rs • Acquiring land for a public Town Square • Developing branding and wayfinding signage at key intersections • Creating a blueprint of the City’s development vision In order to provide confidence to the market regarding future development, the TAP recommended that the City Council provide a level of certainty b y considering additional housing units in the Retail District either by shifting some of the housing units from the Transit District or allow additional development capacity. Additionally, the TAP suggests the City Council further define the form and pla cement of development that would include that residential capacity through some additional visioning process; adding more residential space to the Retail District to incentivize additional investment; and expanding the parking pilot program to both the Ret ail District and all of Downtown. Lastly, the TAP stated that the untangling of the CC&Rs could constitute both a short- term win and, if set up properly would allow for a longer-term vision. The recommendations made by the TAP would provide certainty for future development proposals and would allow the Downtown Action Team the assurance when talking with 7.1 Packet Pg. 154 Page 6 of 8 property owners, potential tenants, and developers about the City’s vision for transformative projects. CURRENT ACTIONS BY CITY STAFF Several of the recommendations are items that Staff is currently working on and others, while worth exploring, may or may not be appropriate for Dublin today. The ULI team makes no representation that all of these ideas must be implemented to ensure a successful Downtown. Below is a summary of projects that are currently underway by the City. Covenants, Conditions & Restrictions Staff has issued a Request for Qualifications (RFQ) for a retail real estate consultant to coordinate revisions to the CC&Rs for property owners of the two largest shopping centers (Dublin Place and Dublin Plaza Center) in the Downtown Retail District. The goal of the RFQ is to identify a consultant who would engage directly with the property stakeholders and work with the City’s legal counsel to dr aft proposed amendments to the CC&Rs. The CC&Rs for Dublin Place and Dublin Plaza Center, dated 1978 and 1969 respectively, have been amended from time to time with the most recent amendments dated 2000 and 1972 respectively. The CC&Rs are outdated and describe what property owners can and can’t do. Currently, the most restrictive CC&Rs prohibit densification of properties, including housing; sets limits on future uses, including food trucks and events; prohibits development along the out parcel or urban street edges; and restrict leases for certain types of tenants. The CC&Rs, as written, prohibit the transformation of the two centers as expressed by the City Council. In order to see the change desired, the CC&Rs need to be amended. Downtown Streetscape Plan The Downtown Streetscape Plan, which started in late 2017, is almost complete. The City kicked off the planning process with stakeholder meetings and has held two community workshops. The stakeholder meetings held in September 2017 and the first community workshop held in December 2017, encouraged the community to share their ideas, history and experiences with the existing Downtown streetscape. The second community workshop held in August 2018 solicited community feedback on various streetscape components including plantings, furnishings, signage, and street design. The City’s consultant is currently taking all the feedback provided through the community process and drafting the plan. The goal is to be able to present the draft plan to the City Council for consideration in late Fall 2018. Economic Development Activities Staff would like to build upon the successes of the Downtown that have occurred since the last TAP in 2011 which include: 7.1 Packet Pg. 155 Page 7 of 8 Projects Status The re-tenanting of formerly vacant spaces in the Downtown with tenants such as Sprouts Farmers Market, REI, Hobby Lobby, Guns Fishing & Other Stuff, Pieology, Habit Burger, Freebirds World Burrito, Three Sheets Craft Beer, Mirchi Café, Tous Les Jours, Savers, Paris Baguette, Go Goong Korean BBQ, Falafel Town, Almafi Mediterranean Fusion, Lucille’s Smokehouse Bar-B-Que, Inc. 82 Tap Room and restaurant; Ashley Furniture Homestore; and the relocation of Amakara Japanese restaurant to the new mixed-use Aster development project. Ongoing Streetscape improvement completed on Golden Gate Drive, including pedestrian and bicycle improvements. Completed Pedestrian and bicycle improvements along Amador Plaza Road Phase I (approximately $550,000). Completed Development of the Connolly Station residential project. Completed Development of the Aster residential project and Valor Crossing Veteran’s project. Completed Approval of new development at the Prologis site (Bayview Development). Approved Development of The Perch at Downtown Dublin residential project. Under Construction Approval of the Avesta Senior Care Facility. Approved Approval of Amador Corners retail project. Approved Approval of 7505 Dublin Blvd. retail project (former Coco’s site). Approved Approval of Façade Remodel for CVS building on R egional Street. Completed Adoption of the Commercial Façade Improvement Program and the participation of four applicants along Village Parkway. Approved Adoption of the Small Business Assistance Grant Program and the participation of nine applicants. Approved Development of a new pad site at the Amador Crossing shopping center which activated the corner of Amador Plaza Rd. and Amador Valley Blvd. with the addition of Habit Burger and Free Birds World Burrito. Completed City staff is also actively working with the brokerage community to tenant the former OSH building and the World of Shoes building. In Process Given all the improvements and successes that have occurred and the desire to continue to advance those efforts, Staff will recommend additional improvements to at least two of the City’s business incentive toolbox - the Small Business Assistance Program and the Sewer Capacity Assistance Program. Proposed changes to the Small Business Assistance Program include revisiting the grant application and award process as well as the City Manager’s signing authority for grant-related agreements. This will allow Staff to provide more timely assistance and certainty to businesses. Proposed changes to the Sewer Capacity Assistance Program include the additio n of dwelling unit 7.1 Packet Pg. 156 Page 8 of 8 equivalents (DUEs) and setting DUEs aside for the Downtown Dublin Specific Plan area or a district within the plan. Proposed revisions will be brought to the Economic Development Committee for review and then to the City Council for con sideration. Public Outdoor Gathering/Activation Spaces One of the major hurdles in transitioning the Downtown area is to create a sense of place. The creation of a focal point, such as a public green or town square as acknowledged in the Parks and Recreation Master Plan and the Downtown Dublin Specific Plan, would establish a clearly identifiable core to the Downtown. Staff is working on identifying a pedestrian-friendly gathering/activation space and complementary amenities in the Retail District. In conclusion, Staff is working to achieve the City Council’s vision for Downtown Dublin as a vibrant and dynamic commercial and mixed -use center. Staff’s work plan, if the City Council concurs, includes: Work Plan Items Timing Establishing the Downtown Action Team. Immediate Hiring a retail real estate consultant to work with City staff and property owners on proposed amendments to their CC&Rs. Immediate Development of a space activation plan, including pop-up spaces and events, public gathering spaces, including siting for a town square. Immediately following adoption of the Downtown Streetscape Master Plan Scheduling two work sessions per year with the City Council. Top priorities would be: 1. Clarity of the City Council’s goals in the Retail District to provide certainty for development community; and 2. Discussion of the potential of shift of units from the Transit District to the Retail District. Beginning next calendar year Scheduling meetings and/or discussion with property owners to discuss the development potential of their properties working in conjunction with the retail real estate consultant handling the CC&Rs updates. Beginning next calendar year Working with an architect on design schematics for the Retail District based on feedback from the City Council and property owners. Following first year of work sessions with the City Council NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Urban Land Institute Technical Advisory Panel Report 7.1 Packet Pg. 157 TECHNICAL ASSISTANCE PANEL Dublin, California April 17–18, 2018 ©2018 by the Urban Land Institute. All rights reserved. Reproduction or use of the whole or any part of the contents of this publication without written permission of the copyright holder is prohibited. 7.1.a Packet Pg. 158 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO About ULI The Urban Land Institute is a global, member-driven organization comprising more than 40,000 real estate and urban development professionals dedicated to advancing the Institute’s mission of providing leadership in the responsible use of land and creating and sustaining thriving communities worldwide. ULI’s interdisciplinary membership represents all aspects of the industry, including developers, property owners, investors, architects, urban planners, public officials, real estate brokers, appraisers, attorneys, engineers, financiers, and academics. Established in 1936, the Institute has a presence in the Americas, Europe, and Asia Pacific regions, with members in 76 countries, including over 2,200 in the ULI San Francisco (ULI SF) district council (sf.uli.org). ULI San Francisco serves the Greater Bay Area with pragmatic land use expertise and education. About ULI TAPs The ULI San Francisco Technical Assistance Panel (TAP) Program is an extension of the national ULI Advisory Services program. ULI’s Advisory Services panels provide strategic advice to clients (public agencies, nonprofit organizations, or nonprofit developers) on complex land use and real estate development issues. The program links clients to the knowledge and experience of ULI and its membership. Since 1947, ULI has harnessed the technical expertise of its members to help communities solve difficult land use, development, and redevelopment challenges. More than 600 panels have been conducted in 12 countries. Since 1996, ULI San Francisco has adapted this model for use at the local level, assisting over 30 Bay Area cities. TAPs include extensive preliminary briefings followed by a one-and- a-half-day intensive working session in the client’s community. A detailed briefing package and guided discussion is provided by the client to each TAP participant before the working sessions. In the working sessions, ULI’s expert panelists tour the study area either by bus or on foot, interview stakeholders, and address a set of questions proposed by the client about a specific development issue or policy barrier within a defined geographic area. The product of these sessions is a community presentation and final report. This report presents highlights of the panel’s responses to the client’s questions as well as contains a diverse set of ideas and suggestions. ULI SAN FRANCISCO 1 California Street, Suite 2500 San Francisco, CA 94111 (628) 231-2197 ULISanFrancisco@uli.org www.sf.uli.org www.uli.org 7.1.a Packet Pg. 159 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 1 City of Dublin Technical Assistance Panel Panel Chair Bob Burke, Greenheart Land Company, Principal Panel Members Christina Briggs, Economic Development, Deputy Director, City of Fremont Christine Firstenberg, Principal, Retail Real Estate Resources Jane Lin, Partner, Urban Field Studio Ken Lowney, President and CEO, Lowney Architects Ben Sigman, Principal, Economic and Planning Systems Rae Smith, Senior Planner and Urban Designer, HOK (TAP Writer) IMPLEMENTATION RECOMMENDATIONS 2 CONTEXT 3 TEAM ASSIGNMENT AND PROCESS 5 STAKEHOLDERS 6 CITY QUESTIONS 7 STAKEHOLDER INPUT: WHAT THE PANEL HEARD 8 THEMES 8 SWOT ANALYSIS 9 REGIONAL MARKET CONTEXT 11 RESPONSE TO THE CITY’S QUESTIONS 12 SENSE OF PLACE 12 CC&RS AND EASEMENTS 14 HOUSING 15 PARKING 16 INVESTMENT 16 BIG IDEAS 19 EXAMPLES OF SUCCESSFUL PLACEMAKING 21 TAP PANEL PARTICIPANTS 23 CONTENTS 7.1.a Packet Pg. 160 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 2 Daggett Place and residential park, San Francisco, concept by David Baker & Associates1 Rockville Town Square and residential development, Rockville, Maryland2 Sunnyvale Town Square and retail development, concept by Sand Hill Property Company 3 Alpharetta Town Square and entertainment venue, Alpharetta, Georgia4 The focus of this technical assistance panel (TAP) is the City of Dublin’s Downtown retail district, located in the northwest quadrant of the I-580 and I-680 interstate highway interchange. Both it and the transit oriented development (TOD) zone are addressed by the Downtown Dublin Specifi c Plan (DDSP). The City’s vision for Downtown Dublin states that “Downtown Dublin will be a vibrant and dynamic commercial and mixed- use center that provides a wide array of opportunities for shopping services, dining, working, living, and entertainment in a pedestrian-friendly and aesthetically pleasing setting that attracts both local and regional residents.” Based on this vision, the retail district offers many exciting opportunities to improve dining, shopping, and entertainment within a thriving, mixed-use district. At the end of the two-day TAP process the panelists recommended the following phased steps to move forward with the revitalization of the Dublin retail district, which could take place over the next two years or three to fi ve years. The elements in these lists are in no particular order. Short Term (one to two years): • Shift housing units from TOD to retail district to allow more residential units and “feet on the ground.” • Hire a consultant or have staff research and develop a space activation plan for pop-up spaces and events along high-visibility areas of the district. • Review the Downtown Dublin Specifi c Plan for potential updates to increase developer clarity regarding the city’s goals for the retail district. • Initiate a CC&R working group and hire a retail consultant to help the city select and hire a lawyer to begin untangling the CC&Rs in order to allow densifi cation and intensifi cation of the district’s uses, particularly those adjacent to the BART station. Intermediate Term (three to fi ve years): • Acquire land to develop a public town square as an identity marker and public gathering place for the retail district. • Analyze infrastructure needs in the district, including sewer lines, water lines, and parking to ensure that the area is optimized for redevelopment. • Attract and develop residential units in the retail district. • Continue citywide economic development activities to promote the retail district within the region. IMPLEMENTATION RECOMMENDATIONS 7.1.a Packet Pg. 161 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO3 CONTEXT Dublin, California, is a suburban city in the eastern region of the San Francisco Bay Area and Tri-Valley region of Alameda County. It is located at the intersection of Interstates 680 and 580, with San Ramon to the north, Pleasanton to the south, Castro Valley to the west, and Livermore to the east. Dublin’s population is growing. Contained within an area of about 14.2 square miles, Dublin has been the second-fastest growing city of its size in California for the past five years, with its population doubling in the past decade to about 60,000.1 Median household income grew from $118,773 to $128,403, an 8.1 percent increase, during the same period. The ethnicity of Dublin’s population is 41.2 percent white, 36.6 percent Asian, and 10.1 percent Hispanic. About 40 percent of the residents speak a second, non-English, language, and 85.5 percent are U.S. citizens.2 Dublin extends north of I-580 in a largely linear manner. Its western-most extension contains a semi-undeveloped ridge with single family developments north of I-580 and mostly single-family neighborhoods along I-680. Dublin is fortunate to have multiple recreational trails and multipurpose paths, including Iron Horse Trail, Tassajara Creek trail, Martin Canyon Creek trail, Alamo Canal trail and Dougherty Road Bike Path. Much of Dublin’s land use pattern can be traced to its highway exposure, which has led to automobile-oriented land uses and suburban development. Because of that development pattern and freeway access, most trips in Dublin are made by privately owned cars, and expectations of car access and parking in the area are associated with this suburban scale and mind-set. Similarly, most of the residential development in the city is in the form of suburban tract housing, with schools, parks, and commercial uses along major arterials with the notable and recent exception of new apartment communities within the transit-oriented district (TOD) zones. The median sale price for single family homes is $1,100,0003. The median sale price for condominiums and townhomes in Dublin is $770,0004 and the homeownership rate is 65.4 percent5. Even given its largely automobile-oriented nature, Dublin is very accessible by Bay Area Rapid Transit (BART), which connects commuters to jobs that are mostly located elsewhere in the FIGURE 1: Specific Plan aerial map I-58 0 I-6801 Kuczynski, Doug / Sharygin, Ethan. “New demographic report shows California population nearing 40 million mark with growth of 309,000 in 2017,“ California Department of Finance, http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/documents/E- 1_2018PressRelease.pdf 2 “Dublin, CA,“ DATA USA, https://datausa.io/profile/geo/dublin-ca/ 3 “Dublin: Detached Single-Family Homes,“ BAYEAST, https://bayeast.org/bayeast/uploads/ dublin_detached.pdf 4 “Dublin: Condominiums & Townhomes,“ BAYEAST, https://bayeast.org/bayeast/uploads/ dublin_attached.pdf 5 “Dublin, CA,“ DATA USA, https://datausa.io/profile/geo/dublin-ca/ 7.1.a Packet Pg. 162 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 4 region. The City has the benefit of two BART stations within its limits—Dublin/Pleasanton and West Dublin/Pleasanton. At the time of the writing of this report, the Tri-Valley San Joaquin Valley Regional Rail Authority is studying a planned extension to Livermore and regional rail connections between BART and the Altamont Corridor Express (ACE)6. The future of transportation is also present in Dublin, where the city hosts shared autonomous vehicle (SAV) testing (by the Livermore Amador Valley Transit Authority [Wheels]) on public roads. The vision is for SAV to provide first- and last-mile service to public transportation, including the BART system and bus rapid transit (BRT) system. Amador Valley Boulevard, looking east Dublin Boulevard, looking west FIGURE 2: Specific Plan districts 6 “Project Concept,“ Tri-Valley San Joaquin Valley, https://www.acetobart.org/project- concept Shared autonomous vehicle5 7.1.a Packet Pg. 163 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO5 The ULI TAP panel was made up of real estate and development professionals representing a variety of disciplines and bringing a range of perspectives to the assignment, including market potential; land use and design; finance and development strategies; and governance, policy and implementation, setting the stage for an interdisciplinary approach and discussion. To kick off the two-day TAP process, the panel first took a tour of the downtown retail district and TAP study area, which is north of Dublin Boulevard from the TOD district and west of I-680 and includes largely the parcels that border each side of Amador Valley Boulevard and San Ramon Road. The site is currently used by a number of big-box retail stores, associated pad retail sites, and vast surface parking lots. At the time of the tour, some of the stores were out of business and vacant, some new retail pad developments had recently been completed or were under construction, and others have been recently refreshed with facade improvements, lending a diverse character and sense of transition to the retail environment. After the site tour, the panel asked stakeholders a series of questions in order to better understand the opportunities on site and the potential catalysts for a new era for downtown Dublin. Each stakeholder told the panel about themselves, as well as the organization or business they represented as it related to Downtown Dublin, and then the panel asked them the following list of questions: 1. What area do you consider to be “Downtown” Dublin? 2. What are the three things that concern you most about Downtown Dublin’s retail district? 3. If you could create a single focus in the Downtown retail district, what would it be? 4. What three specific changes would you like to see in the Downtown retail district? 5. Where should the city focus its efforts to help the Downtown retail district thrive and become a place where residents walk, shop, eat, drink, and relax? The intent was for the panel to learn each stakeholder’s vision and how the retail district could help achieve that vision. The inclusiveness of this approach led to a general understanding that the city and its residents do not currently view the retail district as the location of its downtown, and that components of both the TOD and Village Parkway have more elements of a traditional “Main Street” and the more intense development commonly associated with downtowns. The panelists then set about determining a path forward, based on their collective professional experience, in order to redevelop the retail district into a focal point for Dublin. TAP panelists tour the site, April 2018 TEAM ASSIGNMENT AND PROCESS 7.1.a Packet Pg. 164 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 6 TAP panel members received feedback and ideas for the site from a group of interested stakeholders that included more than 20 community members. These stakeholders represented both public and private interests, including Dublin public officials and staff, property owners and managers, housing developers, business owners, and the Chamber of Commerce. Each stakeholder group shared its specific concerns, framed by professional background and industry experience. Stakeholders interviewed included: CITY OFFICIALS • David Haubert, Mayor • Melissa Hernandez, Vice Mayor • Abe Gupta, Council Member • Janine Thalblum, Council Member • Tara Bhuthimethee, Planning Commissioner CITY STAFF • Luke Sims, Community Development Director • Jeff Baker, Assistant Community Development Director • Amy Million, Principal Planner • Hazel Wetherford, Assistant to the City Manager DUBLIN CHAMBER OF COMMERCE • Brad Johnson, President PROPERTY OWNERS/MANAGERS • Mark Tekin, property owner, Tekin & Associates LLC, representing Amador Corners in the Dublin Place shopping center • Vic DeMelo, property owner, Browman Development, representing CVS parcel in Ranch 99 Market shopping center • John Ortesi, property manager, Village Square shopping center • Paul Chahin, property manager, Enea Plaza shopping center • Frank Sana, property owner, Baskin Robbins parcel in Ranch 99 Market shopping center • Ellie Lange, property owner, various properties • Diane Scott, Senior Vice President, American Realty, Dublin Place shopping center BUSINESS OWNERS • Myly Carpio, manager, Amakara Restaurant, representing the owner • David Ching, Baskin Robbins DEVELOPERS • Linda Mandolini, President, Eden Housing • Garrett Hinds, Director of Architecture, the Perch residential project Council member Abe Gupta tours the site area, April 2018TAP panelists tour the site, April 2018 STAKEHOLDERS 7.1.a Packet Pg. 165 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO7 CITY QUESTIONS Dublin undertook the TAP process with ULI San Francisco (ULI SF) to examine a path toward achieving a unified, mixed-use retail downtown district as part of a vibrant, well-balanced, and amenity-rich community. With the physical improvements made in the TOD zone of the DDSP area, the City is now considering improvements to the retail district. Dublin asked the panelists to use their expertise in retail and mixed-use planning, architecture, development, and entitlements to help address the following questions: • One of the major hurdles in transitioning the downtown area is to create a sense of place. Do you have any recommendations on ways in which we can create a sense of place, either utilizing the City’s reserves or leveraging other opportunities? • The Downtown retail district is composed of several property owners, many of which abide by extremely dated covenants, conditions, and restrictions (CC&Rs) that limit the ability to see the Downtown vision become reality. Do you have any recommendations for the City on how to untangle the CC&Rs? • The City utilizes an innovative Development Pool program to allocate housing units to specific districts, including up to 400 units in the retail district. To date, 95 of those units have been allocated. Do you have any specific recommendations on where we should focus the remaining units in the pool? • Would the TAP recommend that the City replicate the 2012 Village Parking Reduction Program in other downtown districts or the entire DDSP area, creating flexibility in the city’s parking requirements to allow for a greater variety in tenants? • What is the best way for the City to invest its $2 million in reserves to make the greatest economic and physical impact on the Downtown retail district? Existing development within the retail district 7.1.a Packet Pg. 166 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 8 Lack of focal point or district anchor Largely singular land use - ‘big box’ retail Vacant anchor tenant THEMES Several themes emerged from the stakeholder interviews, with all individuals agreeing that a collective vision for the retail district could address some of the current challenges facing the effort to create a sense of a focused downtown for Dublin. Those themes included: SOCIAL HEART/FOCUSED INTENSITY • Desire for a strong city of Dublin identity and vibrant sense of place. • Desire for a focal point or an anchor that gives people a reason to come to the district. • Developer and property owners’ concerns about spreading retail too thin and diluting its placemaking power; they would like ULI to determine where retail space is most appropriate and have the council concentrate its retail capture efforts there. • A way to work with existing assets to create the feel of a downtown, without attempting to re-create a traditional downtown or main street environment. • Concern about the lack of focus and empty anchor tenants within the district, which has led to reduced foot traffic. MIX OF USES • The need for additional housing, noted as important to get more people into the retail district, because local residences would both add a captive market and increase property values, potentially incentivizing redevelopment. • Desire to make the area more bicycle and pedestrian friendly for retail customers, local residents, and office employees while having a place for events and more entertainment and food and beverage establishments. • Good existing diversity in the retail market base; tenants and residents who live in the area and shop here. STAKEHOLDER INPUT: WHAT THE PANEL HEARD IMPROVED DEVELOPMENT PROCESS • Property owners who are eager for a consolidated vision from the city on the retail district in order to set a degree of certainty for future development. • Concern over development restrictions and prohibited uses in shopping center covenants, conditions and restrictions (CC&Rs). • Developer and property owner concerns about anti- growth “NIMBYism” (not in my back yard) protests by residents that would prevent strongly needed housing. • Constituents who are aspirational in their economic vision and desire sought-after retail, restaurant, and entertainment tenants. • The city’s need to investigate the capacity and age of the current infrastructure, as well as how to resolve out- of-date and complex easements and restrictions, rather than rely on individual property owners to solve these issues. • Developer and property owners’ desire for financial incentives to assist with the costs of redevelopment. 7.1.a Packet Pg. 167 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO9 SWOT ANALYSIS As a way to assess the current landscape, the panelists began to discern the issues and potential futures on the site by going through a traditional strengths, weaknesses, opportunities, and threats (SWOT) analysis. In this context, strengths and weaknesses describe existing conditions, and opportunities and threats address potential future conditions. STRENGTHS • West Dublin/Pleasanton BART station is a quarter of a mile away • Auto access (I-680 and I-580 as well as multiple arterial streets) • Regional draw of big-box retail • Large parcels with redevelopment potential • Great, knowledgeable city staff • Strong, high-sales retail tenants in the area • Development-friendly city • Excellent demographics WEAKNESSES • Growing negative perceptions of residential growth by residents/NIMBYism • Complex CC&Rs and easements on many of the properties • Lack of a sense of place; no identifiable gathering area or focal point • Lack of connectivity; not pedestrian friendly or bike oriented • High-volume streets feel unsafe to pedestrians and bicyclists • Surface parking exceeds demand, creating vacant asphalt areas • Budget-oriented retailers and community retail expectations are misaligned • Existing regional retail is not as aspirational as residents desire; they want the look and feel of upscale retail offerings, but not the price point • Multiple, bifurcated retail districts in Dublin limit the ability to attract critical retail tenants to the retail district • Multiple ownership: goals may not be aligned among diverse property owners—mom-and-pops to international retail REITs Weakness: Abandoned retail tenant Strength: West Dublin BART station6 7.1.a Packet Pg. 168 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 10 OPPORTUNITIES • Aspirational mind-set of residents and council members • Potential for a town square or other public space on vacant parking areas • Potential for community programming—events and pop-ups • City’s excellent financial reserves • New and different community entertainment uses • Surplus parking spaces THREATS • Rapidly changing retail market nationwide, with big-box retail demand decreasing • Property ownership in retail district by a series of different owners that may not want to do the same thing • High development impact fees, as well as very high sewer and water connection fees • Unmotivated ownership of retail buildings • Increase in no-growth NIMBY mind-set among residents • Growth of local competitive retail landscape in east Dublin Threat: Too much surface parking Opportunity: Potential for community programming, such as Spark Social SF7 7.1.a Packet Pg. 169 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO11 REGIONAL MARKET CONTEXT The Bay Area fi nds itself in a very particular and unique set of circumstances with regard to regional economics. The following is a series of trends and conditions that relate to the specifi c development context that Dublin’s retail district fi nds itself in. REGIONAL MARKET FORCES While San Francisco and Silicon Valley have been the Bay Area’s epicenters of real estate investment in recent years, the East Bay has also enjoyed a building boom. With the strong economy and new development, there have been some growing pains in the region. Traffi c throughout the Bay Area has worsened, resulting in increased interest in transit-oriented development sites. GROWTH TRENDS Dublin and the Tri-Valley have evolved dramatically since the early 2000s: since 2001 the population of Dublin has grown by over 70 percent. However, job growth has not kept pace, with total job counts about the same today as nearly 20 years ago. Nonetheless, Dublin has recovered from the 2008–2009 recession, with job growth topping 30 percent since 2010. DOWNTOWN DUBLIN Despite the lack of a historic downtown, Dublin has successfully organized planned development around its western BART station. New multifamily residential projects (Connolly Station, Aster, and Valor Crossing) along Golden Gate Drive, along with extensive streetscape improvements implemented by the city, have transformed this sub-area. While there has been some investment north of Dublin Boulevard (Perch, Habit Burger, REI), the suburban retail fabric there remains largely unchanged since the 1970s. RETAIL REVOLUTION The retail real estate industry is changing rapidly. After the 2008 recession, consumers altered their spending habits. Shifting spending patterns and competition from online retail have resulted in sustained demand for either luxury or value-oriented retail real estate, with internet purchases now capturing a growing share of midmarket retail sales. In general, successful retail landlords have helped evolve tenant mixes and formats to cater to luxury or value consumers. Downtown Dublin retail remains viable, with bargain retailers such as Target, Burlington Coat Factory, and Savers seeing high-volume sales. HOUSING CRISIS Although Dublin historically has supported housing development, the ongoing economic expansion in the Bay Area has intensifi ed demand for housing at all price points. The regional housing shortfall has resulted in dramatic price escalation, and housing affordability challenges continue to be amplifi ed. This comes at a time when Dublin’s appetite for continued housing development appears to be waning. Like most other communities around the Bay, the city’s residents are demanding increased scrutiny of new development projects, as evidenced by recent Planning Commission actions. FIGURE 3: Retail market overview: aerial map from Collier’s International 7.1.a Packet Pg. 170 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 12 Taking the regional market context and Dublin’s growth and demographic changes into consideration, the TAP members investigated the potential for transforming one of the city’s key retail districts from a more traditional, automobile-oriented, big- box retail zone into a more densely developed, walkable district. After its site tour and stakeholder interviews, the panel identifi ed responses to the city’s questions about the retail district in order to help guide the city toward creation of a united district vision for the area’s property owners, residents, and businesses. The panelists reordered the questions as they unpacked the issues and discussed recommendations for fi rst steps to enhance and revitalize the retail district. SENSE OF PLACE One of the major hurdles in transitioning the downtown area is to create a sense of place. Do you have any recommendations on ways in which we can create a sense of place, either utilizing the city’s reserves or leveraging other opportunities? This question gets to the heart of “What is unique about Dublin?” The existing development has a fragmented identity and lacks a sense of place—a clear marker identifying what is unique about Dublin. The buildings are set back from the street, are behind a disorienting fi eld of surface parking, and do not frame a central gathering point. Further confusing the legibility of the place, there is no pedestrian-oriented, publicly accessible destination. Instead, the parking of vehicles takes both visual and physical priority. The creation of a focal point, such as a public green or town square, would establish a clearly identifi able core to the district around which new development could be created. This focal point would be in addition to the Downtown Dublin Streetscape Plan currently underway at the time of the writing of this report, which is intended to strengthen the identity of Downtown through a unifi ed streetscape and identity program. The panel believes that in order for a public square to serve as both a destination and an organizing element, its preferred location would be at the end of Golden Gate Drive across Dublin Boulevard, establishing a visual connection to BART. An alternative location might be in the area of existing retail development fronting Amador Plaza Road, where existing CC&Rs allow more growth and change to existing development, and where a quality pedestrian experience already exists. Either way, capturing a sense of urbanism would begin to answer the question, “Where is Dublin’s downtown?” by creating a vibrant, urban pocket of activity in Dublin. FIGURE 4: Identity “gateways” FIGURE 5: Potential locations for the “town square” RESPONSE TO THE CITY’S QUESTIONS 7.1.a Packet Pg. 171 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) Urban seating by taller de casqueria in Madrid, Spain8 Beer Garden, Garden Grove, Califonia9 The Lawn on D, Boston, Massachusetts10 Catalina Island, Avalon, Califonia11 Pop-up park at the Oval, Philadelphia12 DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO13 STRATEGIES FOR CREATING A SENSE OF PLACE COULD INCLUDE: • Short term (one to two years): o City-supported programming and temporary uses in the district that will inspire public gathering. o A focus on public realm improvements, such as branding and wayfinding, at key intersections to serve as “identity gateways.” • Long term (two-plus years): o Development of a permanent public gathering space—a town square—with a recommended minimum size of a half acre. However, the land procurement, design, and development of a new city park or public space takes time. So, in the interim, the panel suggests that the city negotiate an agreement with a property owner to set up a series of temporary uses and events as a way to kick-start the identification of this area by residents as the city’s downtown. One benefit of temporary or other short-term uses is the immediate activation of a space at a low cost and the ability to test alternative uses or programs against resident interest and demand for more permanent uses. Temporary uses might include elements like seating around fire pits or beer gardens, pop-up retail spaces, and/or parklet-style green spaces for use by children and pets and for socializing or games. The energy created by these experiments could translate into more permanent development in the future. A successful example of this approach is Spark Social in San Francisco. Longer term, creating a sense of place will largely center on building a permanent public feature as a gathering space or “town square” around which infill development could create a more experiential urban environment with a vertical mix of uses, including residential development above ground-floor food and beverage businesses. This town square would support the retail district and compliment the city by doing the following: • Take advantage of the site’s proximity to the BART station and support up-zoning portions of the district closest to transit. • Add housing via densification and infill development, particularly along Dublin Boulevard. • Secure the development of permanent entertainment facilities in the district—which could include mini-golf, an arcade, or a premium theatre—in order to better establish a permanent sense of place in downtown Dublin. TEMPORARY USES CREATE AN EARLY SENSE OF PLACE WITHIN A DISTRICT. Notes taken during TAP panel 7.1.a Packet Pg. 172 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) Beer Garden, Garden Grove, Califonia9 ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 14 CC&RS AND EASEMENTS The downtown retail district is composed of several property owners, many of which abide by extremely dated covenants, conditions, and restrictions (CC&Rs) and easements that limit the city’s ability to see the downtown vision become reality. Do you have any recommendations for the city on how to untangle the CC&Rs? CC&Rs not only describe what property owners can do, but also what they cannot do. Currently, the CC&Rs on site prohibit densification, including housing; set limits on future uses, including food trucks and events; prohibit development along the out parcel or urban street edges; and restrict leases for more diverse tenants. The panel believes that untangling the CC&Rs could constitute both a short-term win and, if set up properly, allow for a longer-term redevelopment vision. In the short term, the panel recommends that the city work with the property owners by first hiring a retail consultant who can work with the City and its attorneys who specialize in complex retail CC&Rs and easements. This will help ensure that the CC&R untangling proposals will not hurt the retailers and will allow the retail property owners to actually benefit from a successful redevelopment made possible by the new CC&Rs and easements. The lawyer/retail specialist team can assist in negotiations with retailers and property owners to advance an outcome that will benefit both the city and the property owners. This negotiation process is most commonly seen around the United States in the aging mall properties that are undergoing revitalization. The immediate goal would be to rewrite the CC&Rs so that redevelopment can begin to take place under current market conditions. The panelists believe that market conditions today support redevelopment through densification, including development of additional residential space and/or second-floor, small-footprint office space. 99 Ranch Market Shopping Center (Blue parcels) 1. EPE Dev. (Fastsigns) 2. Sandelman (Ranch 99) 3. Tsai (shops) 4. Browman (CVS, etc.) 5. Cortana (Savers & Sports Authority) 6. Wells Fargo 7. Kumar (Citibank) 8. Valero City of Dublin Parcels (Black parcels) 9. Dublin Senior Center 10. Wicklow Square Senior Housing Dublin Place Shopping Center (Yellow parcels) 11. ASVRF (Grocery Outlet) 12. EvCap Amador Plaza & TA Amador Plaza (new restaurant pad & retail approved) 13. ASVRF (Target) 14. ASVRF (Hobby Lobby) 15. Burlington (BCF, ToysRUs and Bassett) 16. Nunberg (PetSmart) 17. ASVRF (new restaurant pad & retail approved - former Coco’s) FIGURE 6: Parcel map of 99 Ranch Market shopping center and Dublin Place shopping center TEMPORARY USES CREATE AN EARLY SENSE OF PLACE WITHIN A DISTRICT. Notes taken during TAP panel 7.1.a Packet Pg. 173 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) Connolly Station apartments13 Aster apartments DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO15 HOUSING The City utilizes the innovative Development Pool program to allocate housing units to specific districts, including up to 400 units in the retail district. To date, 95 of those units have been allocated. Do you have any specific recommendations on where we should focus the remaining units in the pool? Recognizing housing as a primary value driver in this district, the panelists recommend that the city consider adding more residential space to the retail district in order to incentivize additional investment in this transit-proximate area. Adding as many units as is feasible—at least 500 to 750 units in areas nearest the BART stations and the TOD zone, particularly along Dublin Boulevard and at the intersection of Golden Gate Drive and Dublin Boulevard—will mean more people within walking distance of the retail district, a key factor in nationally recognized examples of retailer success. In sum, sufficient housing density is needed to create the land values that will motivate landowners to invest and redevelop. Focusing this housing within a half-mile radius of the BART stations is the simplest way to deliver a development product with high market demand. Based on feedback from the stakeholder interviews, the panelists believe that the city can maximize value by encouraging construction of smaller multifamily units, with fewer bedrooms, with very little burden on schools by aiming new development at young professional commuters who prefer denser, more walkable environments adjacent to transit. There are many examples of this building type within the Bay Area that have had a positive impact on their respective cities.FIGURE 7: New housing development could line Dublin Boulevard and/or town square. If the city is able to develop a permanent town square space, establishing the appropriate regulatory conditions for housing development in this area will further establish a focused sense of place and a more walkable district. Designing for housing in this area will encourage transit use and leverage existing city infrastructure and assets toward promoting the area’s highest and best uses. This will support the city in providing community benefits for the residents of Dublin while creating attractive investment opportunities for any future development partners. NEW RESIDENTIAL DEVELOPMENT IN ADJACENT TOD DISTRICT Notes taken during TAP panel 7.1.a Packet Pg. 174 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 16 PARKING Would the TAP recommend that the city replicate the 2012 Village Parkway Parking Reduction Program in other downtown districts or the entire DDSP area, creating flexibility in the city’s parking requirements to allow for a greater variety in tenants? In 2012, the City Council approved the Village Parkway Parking Reduction Program, which created a pilot parking reduction program in the Village Parkway District. The program allows parking supply and demand to be managed by the property owners and tenants, and not regulated by the City. The goal of the program was to enable a wider variety of businesses to be established in the Village Parkway District without the encumbrance of parking requirements. In 2014, the City Council approved extending the program for an additional five years. The panelists agreed that expanding the pilot program to both the retail district and all of downtown would be a positive element that could provide certainty for future development proposals. The panelists also recommended that the city hire a parking management consultant to analyze paid parking and meters, particularly near the BART stations, to discourage day parking in on-street spaces and potentially allow on-street parking during off-peak times along Dublin Boulevard’s third lane. Because needs are changing, any parking program and associated standards should be written in a way that is flexible. Long-term prospects for demand for large amounts of parking, including both garages and surface lots, are uncertain. City staff should continue to identify opportunities for decreased parking standards, including shared parking, as expectations for parking for individually owned vehicles, automated vehicle drop-off as a service, and other transportation modes shift in the future. INVESTMENT What is the best way for the city to invest its $2 million in reserves to make the greatest economic and physical impact on the downtown retail district? Dublin’s fiscal reserves provide an immediate opportunity for the city to achieve some of the shorter-term or easier-to- reach goals set forth in this report. The following is a list, by priority, of action items that the panelists believe would help place the retail district in the best light to attract collaborative development partners for its repositioning and revitalization near the BART stations. ACTIVATE PUBLIC OR PRIVATE SPACE WITH CITY-SPONSORED POP-UP-STYLE EVENTS AND PROGRAMMING Most immediately, the city could consider investing in events programming to establish a sense of place. This programming might include events like “First Friday” walks and farmers markets, or play/bike/stroll festival spaces. Communities all over the world have found great success in creating temporary but high-impact spaces focused on food, culture, or arts in order to shape community experience and impressions. These spaces allow cities to create a “there” there before one really exists. As a first investment, a well-programmed pop-up space would begin to establish a focal point through color, materials, or objects; build local awareness and presence; and encourage would-be entrepreneurs to test ideas in the marketplace. Notes taken during TAP panel Notes taken during TAP panel 7.1.a Packet Pg. 175 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) Temporary pedestrian wayfinding in Rochester, New York16 TWO EXAMPLES OF TOWN SQUARE DEVELOPMENTS THREE EXAMPLES OF SIGNAGE AND STREETSCAPES TO ENHANCE WALKABILITY Directions for cyclists, Christchruch, New Zealand17Parson’s Alley, Duluth, Georgia 14 Town Fair Plaza, Fremont, California 15 Northeast 61st Avenue, Hillsboro, Oregon18 DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO17 INVEST IN A PERMANENT TOWN SQUARE, EITHER THROUGH PURCHASE AND PARTNERING OR THROUGH PUBLIC EASEMENT DEDICATION Building on the idea of the pop-up space and allowing for a longer timeline, a permanent town square could establish a local social heart within the retail district, provide a prime office and/ or residential address, and enhance the site’s value and future development potential. Suggested to be at least a half acre in size, the town square would likely best serve Dublin by being on axis with the BART station at the end of Golden Gate Drive in order to create a visual anchor and a transit-oriented, walkable destination. The town square would then become the permanent location for community-hosted movie nights, afternoon music performances, and holiday events, as well as serve as the local destination for informal experiences like meeting for coffee or walking the dog. INVEST IN OFF-SITE IMPROVEMENTS TO IMPROVE WAYFINDING AND BRANDING Within the context of Dublin’s downtown, reinforcing attractive landscapes, signs, and branding along corridors will both advance the city’s economic development strategy and make rights of way and key nodes more beautiful and more pleasant to travel. The use of branded signs at highway on- and off-ramps, at key entry corridors to BART stations, and along arterials will help direct people to the downtown retail district and town square. Other strategies include continuing to invest in streetscape improvements to enhance walkability between BART stations and the retail district and investing in public art and gateway entry landscaping to designate arrival at a “place.” 7.1.a Packet Pg. 176 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) Signage within the Specific Plan area and the TOD zoneLandscaping along Amador Plaza Road, looking south ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 18 ATTRACT NEW RESTAURANTS, UPDATE CITY CODES, AND LOWER SEWER AND WATER CONNECTION FEES During the stakeholder interviews, the panelists heard that new restaurants are desired in the downtown area by constituents. Retail and restaurants are an essential and vibrant part of any mixed-use district. Finding a way to reduce the burden of opening a restaurant in the retail district could be a way in which the city invests in the district’s success. Two strategies could support the proper mix of uses within the district: 1) Care should be given to the city’s planning and design codes so that retail spaces are designed and built to be suitable for lease to retailers and restaurants. Retail space can end up unleasable due to improper design elements that make the space physically obsolete. For example, retail shop spaces need to have high ceilings, spaces with depths of 50 to 65 feet, and have access to hot/cold water and service. Also, retail and restaurant space in vertical mixed-use projects do not generate as much value as the above-ground-level residential component. Therefore, codes should reflect market conditions to maximize inclusion of residential units and flexibly incorporate an appropriate amount of ground-floor retail or restaurant space. 2) From the point of view of existing restaurateurs, area water and sewer connection fees are particularly high, limiting the plans of many would-be entrepreneurs. Thought should be given to coordinating or encouraging the water/sewer districts to reduce or eliminate their connection fees within the mixed-use districts. This will encourage the right uses in the right areas for the creation of a mixed-use district that will withstand the ups and downs of any economy. DRAFT DESIGN GUIDELINES FOR STREETSCAPE IMPROVEMENTS ALONG AMADOR PLAZA ROAD Building on the work taking place along this edge of the site, parcels along Amador Plaza Road are best positioned to benefit from city streetscape enhancements. Recent improvements have included enhanced pedestrian safety and streetscape beautification. Future design guidelines could encourage expanding this enhancement zone and adding outdoor seating along street-facing buildings as a way to strengthen the street’s identity as a walkable area destination. REINFORCE DUBLIN BOULEVARD AS DISTRICT GATEWAY Once the CC&Rs are updated and improved, design guidelines could also address the streetscape experience through build- to lines for new, infill development along the retail district’s edges. Strengthening Dublin Boulevard as the retail district’s key connector—providing a sense of arrival and connection to the TOD zone—will clarify the district’s role as the urban center of downtown Dublin. Lining the boulevard with mixed-use development that reflects what is occurring in the TOD zone—with up to five or six stories of residential or office development—would put much-needed density in an environment the city has already created to support it. 7.1.a Packet Pg. 177 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO19 The following “big ideas” emerged as key themes from the panel’s conversations with stakeholders. As a representation of what the stakeholder community deemed to be critical factors for the retail district’s redevelopment, this list is in order according to what the panelists believe will have the greatest potential impact and should be given the highest priority in support of the retail district. 1. Create a city blueprint to increase density (as a catalyst for community benefits) and walkability within the district. A unified blueprint is critical to the success of community initiatives to guide and support early development processes toward mutually beneficial outcomes. 2. Attract an entertainment anchor for the retail district. Behind the creation of a unified blueprint, an entertainment anchor would significantly change the character of the area, helping it become a place where people want to spend time and socialize, further supporting both the retail uses in the district and a sense of community space. 3. Reduce level of development uncertainty. Reducing uncertainty for proposed developers will decrease the amount of time a development takes from creation to execution. It allows a proposed developer to better understand the costs of development at the beginning of the process so there are fewer false starts. Reducing the false starts and the overall development time line, ultimately reduces costs for the City. Some suggested ideas are: • Clearly outline all impact and permit fees, in writing. This might require coordination with other local agencies but leaving the gathering of information and calculations up to proposed developers allows for too much misinformation to occur. • Thoroughly define the Community Benefit Program costs and where these fees can be applied. • Consider a change to a Form Base Code or developing a Precise/Specific Plan for areas of development focus. This creates certainty and can speed up the development process. Be sure to include specialists in the creation of the plans, i.e. multi-family residential, mixed use specialists, and/ or retail specialists, so the Precise/Specific Plan will have the market feasibility to allow it to be built. BIG IDEAS TWO EXAMPLES OF POP-UP ENTERTAINMENT AND WALKABILITY FEATURES Hayes Valley, San Francisco, California19 Arcade Plaza, Seattle, Washington20 7.1.a Packet Pg. 178 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) FOUR EXAMPLES OF POP-UP PARKS AND TOWN SQUARE FEATURES ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 20 M&S pop-up park, London, England21 Windsor Town Green, Windsor, California22 4. Evaluate the potential to subsidize or finance sewer and water fees from the Dublin San Ramon Services District. Currently, these fees are largely prohibitive of new restaurant development, a desired community use that relies heavily on these services. The sentiment exists in the development community that these fees are outsized compared with those in other communities. Open space in context of entertainment district in Yarraville, Austalia23 Public road turned public park in Yarraville, Australia24 7.1.a Packet Pg. 179 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) Pier 70, San Francisco, California26 Boxpark, London, England27 DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO21 Looking at comparable local cities, the panel suggests that Dublin explore a similar Form Base Code and fast-track development process for the retail district as that employed for Redwood City’s downtown area. The city could also look into the Congress for the New Urbanism’s charrette process, made famous by architect and urban designer Andrés Duany, in order to bring a more diverse group of stakeholders together to unify the city’s vision for the district. In addition to these two examples, the panelists provided a short list of notable examples of successful placemaking and temporary space activations: PROXY SF Proxy SF was a pioneer in temporary development and placemaking in response to the Great Recession, when land had been purchased for housing and the developer could not fund the development. The project, located in Hayes Valley, has become a jewel in the community. Developers are now starting to move forward with entitlement and will begin developing in the next year or so. (https://www.facebook.com/pg/proxysf/ photos/?tab=album&album_id=201829336529091) PIER 70 Developer Forest City’s Pier 70 at the Port of San Francisco uses programming and event space during the short, interim phases of redevelopment. Without the semi-permanent structures and landscape used by Proxy, the project focuses purely on the events and programming to activate the space. (www.pier70sf.com) BOXPARK Located in London, this shipping-container project was designed to pilot the ultimate feasibility of higher-end retail space in this location. The project ended up being a huge success, and the developer has kept the shipping-container structure instead of building a more traditional mall. (https://www.boxpark.co.uk) Proxy SF, Hayes Valley, San Francisco, California25 EXAMPLES OF SUCCESSFUL PLACEMAKING 7.1.a Packet Pg. 180 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) The Cube, Sao Paulo, Brazil 28 Biscayne Green, Miami, Florida29 Guerrero Park, San Francisco, California30 Spark Social SF, San Francisco, California31 ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 22 THE CUBE An example in São Paolo, Brazil of how a single new interactive piece of infrastructure in a public space can be programmed in order to revitalize a park space and generate excitement. However, the key here (and in Dublin) is continual city support through active programming. (https://www.pps.org/places/the- cube) BISCAYNE GREEN Located in downtown Miami, Biscayne Green received a Knight Foundation grant to support a sense of community in the area through a one-month installation under an underpass that was closed to cars one summer. (https://www.biscaynegreenmiami. com/about) SAN FRANCISCO’S GROUNDPLAY PROGRAM/ GUERRERO PARK Leveraging public/private partnerships to activate the public realm, San Francisco supports installations and the temporary transformation of infrastructural remnants into active play spaces and parks in neighborhoods like Guerrero Park, Mission Bay, and the Bayview. Using ground murals, fiberglass structures, and drought-resistant plantings, these temporary solutions require fewer permits and little investment other than neighborhood support and creative imagination, and allow residents to become reacquainted with their own neighborhood—a lasting investment in community. (https:// groundplaysf.org/projects/san-jose-guerrero-park/) SPARK SOCIAL SF Spark Social, a new urban gathering space located in the heart of Mission Bay, is a food truck park, beer/sangria garden, and event space designed to bring the neighborhood together for fun times, day or night. It collaborates with small businesses to ignite the spirit of community by creating warm and welcoming spaces to eat and gather. It works with more than 150 food trucks from all over the Bay Area that are rotated every day for both lunch and dinner. (http://sparksocialsf.com) 7.1.a Packet Pg. 181 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO23 CHRISTINA BRIGGS City of Fremont, Deputy Director of Economic Development and Assistant to the City Manager Briggs has led business and economic development efforts in local government for over 15 years. As such, she provides economic health analysis and helps develop industry cluster strategies. Briggs takes particular pride in serving as an interface between business and government and has led several “win/ win” collaborations in the development process. Briggs is the public sector co-chair of the International Council of Shopping Centers (ICSC) Northern California P3 committee, a member of Urban Land Institute, the Silicon Valley Economic Development Alliance, and the East Bay Economic Development Alliance; and is actively involved in several other regional industry associations. She received her B.A. in language studies from the University of California, Santa Cruz, and her master of public administration degree from the Middlebury Institute of International Studies at Monterey. KEN LOWNEY Lowney Architects, President and Chief Executive Officer Lowney founded Lowney Architecture in 2003 and is president and chief executive officer of the firm. He has worked with small and large companies, nonprofits, city governments, communities, and private developers in northern California and throughout the United States. Project expertise includes modular, grocery stores, retail, multifamily housing, restaurants, offices, parking structures, and master planning. Lowney Architecture has won particular acclaim for its vertical grocery store and prefabricated multifamily housing designs. The firm has won numerous design awards from professional organizations, including the Golden Nugget Award and the American Institute of Architects. The San Francisco Business Times consistently ranks Lowney Architecture among the top firms in the Greater Bay Area. Lowney received his M. Arch from the Southern California Institute of Architecture. BOB BURKE Greenheart Land Company, Principal (TAP Chair) As a principal in Greenheart Land Company, Burke is responsible for the acquisition and development of retail, office, and apartment properties on the San Francisco Peninsula. Greenheart recently developed 195 apartment units adjacent to Facebook’s world headquarters in Menlo Park. Currently, 183 apartments, 200,000 square feet of office space, and 25,000 square feet of ground-floor retail space are under construction in a Greenheart development known as Station 1300, located adjacent to the Menlo Park CalTrain station. Before joining Greenheart, Burke managed the Northern California Group of Shea Properties, where he developed over $500 million of office, retail, and apartment projects. Burke also was a senior development manager for three different northern California development companies. Burke received his MBA in real estate and finance from the University of California, Berkeley. JANE LIN Urban Field Studio, Founding Partner Lin, AIA, has a background that includes both architecture and city planning. She consults for both the public and private sectors on early-stage concepts for development. Many of Lin’s projects and plans shape new development in suburban areas that are growing. These areas often include revitalization of main street retail and the improvement of the walkability and transit. Lin is also part of faculty for the ULI/National League of Cities Daniel Rose Fellowship this year. She received her M. Arch and Masters of City Planning from the University of California, Berkeley. CHRISTINE FIRSTENBERG Retail Real Estate Resources, Principal Firstenberg has over 30 years’ experience in the Greater San Francisco and northern California retail real estate industry. She is currently a principal with Retail Real Estate Resources/ Metrovation. Prior to that, she spent three years as senior vice president at JLL. In 2002, she founded Metrovation Brokerage with ICSC retail legend Merritt Sher, which she led for 13 years. Prior to that, she spent nine years at San Francisco–based Terranomics Retail Services and six years at McMasters and Westland/TRI in Walnut Creek. Over the last few decades, Firstenberg has been very active in shopping center sales and redevelopments selling over 3.2 million square feet of retail product and leasing over 2.6 million square feet. TAP PANEL PARTICIPANTS 7.1.a Packet Pg. 182 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI SAN FRANCISCO TECHNICAL ASSISTANCE PANEL DUBLIN CALIFORNIA 24 TAP panelists, April 2018 BENJAMIN C. SIGMAN Economic & Planning Systems, Principal Sigman is an economist with nearly 20 years of experience providing consulting services for public, private, institutional, and not-for-profit clients. Bringing significant experience analyzing land use projects and policies, his expertise includes real estate, municipal finance, regional economics, and environmental economics. Sigman’s practice spans residential, retail, office, industrial, hospitality, entertainment, infrastructure, and open- space conservation projects throughout the United States. He has advised on urban infill, transit-oriented development, and brownfield redevelopment, as well as large-scale master- planned developments and habitat conservation plans. Sigman is particularly interested in program and policy analysis at the intersection of economic development and environmental sustainability. Sigman holds a BA in economics from Colby College and an MS in agricultural and resource economics from the University of California, Davis. RAE SMITH HOK, Senior Planner and Urban Designer As a certified planner and registered architect, Smith has nine years of experience in the planning, design, and entitlement of corporate, university, and health care campuses; mixed-use districts; and transit-oriented developments. A proponent of walkable urbanism, Smith’s approach is supported by strong analytic skills and graceful persistence and dedication to improving the neighborhoods in which she works. Smith holds a B.S. of architecture, and dual M. Arch and MCRP (master of city and regional planning) degrees from the Georgia Institute of Technology in Atlanta. 7.1.a Packet Pg. 183 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) FIGURES LIST IMAGE SOURCES DUBLIN CALIFORNIA TECHNICAL ASSISTANCE PANEL ULI SAN FRANCISCO25 1: Specific Plan Area aerial map 2 2: Specific Plan Districts 3 3: Retail market overview - aerial map from Collier’s International 10 4: Identity “Gateways” 11 5: Potential locations for the “Town Square” 11 6: Parcel map of 99 Ranch Market shopping center and Dublin Place shopping center 13 7: New housing development lines Dublin Boulevard and/or Town Square 14 1: David Baker+Partner s, SocketSite, http://www.socketsite.com/archives/2009/04/ david_bakers_daggett_place_destiny_to_be_decided_today.html 2: Tracy Trac, Realtor Events & Co, Tracy Trac, Realtor Events & Co, http:// washingtonhg.com/rockville-md/ 3: Sand Hill Property Company, Sand Hill Property Company, http://www.shpco. com/past_projects/mixed_use_stc.php 4: Alpharetta Convention & Visitors Bureau, HOSPITALITY HIGHWAY, http://www. hospitalityhighway.com/history-on-the-highway/ 5. Angela Ruggiero, Bay Area News Group, https://www.mercurynews. com/2017/03/06/san-ramon-driverless-shuttles-make-their-debut/ 6: Jeremiah Cox, The SubwayNut, http://subwaynut.com/california/bart/west_ dublin_pleasanton 7: Parklab, PARKLAB, https://www.parklab.com/our-work/ 8: Paisaje Transversal, PaperBlog, https://es.paperblog.com/nueva-sesion-de- autoconstruccion-de-gradas-en-el-campo-de-la-cebada-1008673/ 9: Garden Decor Near Me, GREATEST DECOR, http://terryflew.com/garden- decor-near-me.html 10: Signature Boston, Signature BOSTON, https://www.signatureboston.com/lawn- on-d/community-activities/lawn-games 11: Catalina Island Company, Catalina Island Company, https://www. visitcatalinaisland.com/activities-adventures/golf/mini-golf 12: M.Fischetti, VOICE, http://www.phillyvoice.com/opening-day-oval/ 13: Map Data: Google, DigitalGloble, https://www.google.com/ maps/@37.7025438,-121.9286985,3a ,75y,201.5h,103.85t/ data=!3m6!1e1!3m4!1sazopIk-yN8DsHZbBpuPJKw !2e0!7i13312!8i6656?hl=en&authuser=0 14: CNU, Public Square, https://www.cnu.org/publicsquare/2018/01/23/suburban- town-revitalizes-incrementally 15: Town Fair Plaza, TOWN FAIR PLAZA, https://townfairplaza.com/about/ 16: Scott Wolf, Rochester Subway, http://www.rochestersubway.com/ topics/2012/06/roc-transit-day-june-21/ 17: Aspect Studios, ASPECT Studios, https://www.aspect-studios.com/project/ frome-street-bikeway/ 18: Steve Szigethy, CityRegionNationWorld, http://cityregionnationworld.blogspot. com/2013/10/when-backage-becomes-frontage-and.html 19: WIRED, If Trump Wants To Fix Infrastructure, He Has to Learn From These Projects, https://www.wired.com/2016/11/trump-wants-fix-infrastructure- learn-projects/ 20: Linnea Westerlind, Year of Seattle Parks, http://www.yearofseattleparks. com/2018/04/23/arcade-plaza/ 21: London the Inside, LONDON THE INSIDE, https://londontheinside.com/ ms-pop-up-park/ 22: WRT, WRT, http://www.wrtdesign.com/work/windsor-town-green 23. World Landscape Architect, City Creates Pop-up Park in Yarraville, http:// worldlandscapearchitect.com/city-creates-pop-up-park-in-yarraville/ 24. Maribyrnong News, Was a road, now a public park: the permanent park in Ballarat Street, Yarraville, https://cityofmari.wordpress.com/2015/02/23/was-a- road-now-a-public-park-the-permament-park-in-ballarat-street-yarraville/ 25. Twitter, @ProxySF, https://twitter.com/PROXYSF 26: Pier70, PIER70, http://www.pier70sf.com/future/ 27: Boxpark, BOXPARK, https://www.boxpark.co.uk/croydon/about/ 28. Project for Public Spaces, Great Public Spaces, THE CUBE, https://www.pps.org/ places/the-cube 29: Biscayne Green, Biscayne GREEN, https://www.biscaynegreenmiami.com/ gallery?lightbox=dataItem-iykhuxtc 30: Twitter, @BrianJencek Guerrero Park Community Visioning Pop-Up, https://twitter. com/BrianJencek/status/960282392341577728 31: Spark Social SF, SPARK Social SF Facebook, https://www.facebook.com/pg/ sparksocialsf/photos/?ref=page_internal 7.1.a Packet Pg. 184 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin) ULI San Francisco 1 California Street, Suite 2500 San Francisco, CA 94111 (628) 231-2197 ULISanFrancisco@uli.org www.sf.uli.org www.uli.org 7.1.a Packet Pg. 185 Attachment: 1. Urban Land Institute Technical Advisory Panel Report (Downtown Dublin)