HomeMy WebLinkAbout*July 16, 2019 Agenda PacketJuly 16, 2019 Dublin City Council Agenda Page 1 of 4
REGULAR MEETING
Tuesday, July 16, 2019
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 Attorney
II. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Vice Mayor Hernandez and Councilmember Kumagai
Unrepresented employee: City Attorney
III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
IV. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Councilmembers Goel and Josey
Unrepresented employee: City Manager
V. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 941-0305-028-00
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: ASVRF Dublin Place, LP
Under negotiation: Price and terms of payment
REGULAR MEETING 7:00 P.M.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Presentation on Dublin San Ramon Services District “State of the District”
Georgean Vonheeder-Leopold, Boardmember of the Dublin San Ramon Services District,
will make a presentation on the “State of the District”.
STAFF RECOMMENDATION:
Receive the report.
3.2. Report on Wildfire Safety Efforts by PG&E
The City Council will receive a presentation from PG&E on their continuing wildfire safety
efforts.
STAFF RECOMMENDATION:
Receive the presentation.
July 16, 2019 Dublin City Council Agenda Page 2 of 4
3.3. Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and
clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. June 17, 2019 Special City Council Meetings; and June 18, 2019 Special and Regular
City Council Meeting Minutes
The City Council will consider approval of the minutes of June 17, 2019 Special City
Council meeting; and the June 18, 2019 Special and Regular City Council meetings.
STAFF RECOMMENDATION:
Approve the minutes of the June 17, 2019 Special City Council meeting; and the June 18,
2019 Special and Regular City Council meetings.
4.2. Sports Fields and Stager Community Gymnasium Reservation Policies Update
The City Council will consider approval of an update to the Sports Fields and Stager
Gymnasium Reservation Policies, including a new Field Allocation Formula policy, and
updates to the sections titled “Tournaments” and “Turf Field Rain Indicator Lights”.
STAFF RECOMMENDATION:
Approve the update to the Sports Fields and Stager Gymnasium Reservation Policies.
4.3. Notice of City Engineer's Pending Decision on Improvement Agreement Amendment
for Tract 8169 Neighborhood 8 at Wallis Ranch (Fielding)
The City Council will receive a notification of the City Engineer's pending approval of the
Improvement Agreement Amendment for Tract 8169 Neighborhood 8 at Wallis Ranch
(Fielding).
STAFF RECOMMENDATION:
Receive the notification.
4.4. National Night Out Proclamation
The City Council will proclaim Tuesday, August 6, 2019 as National Night Out. Sponsored
by the National Association of Town Watch, the annual National Night Out campaign began
in 1984 as an effort to promote involvement in crime prevention activities, police-
community partnerships, neighborhood camaraderie and building safer communities.
STAFF RECOMMENDATION:
Present the proclamation.
4.5. Dog Park Replacement Art Selection
The City Council will consider replacement art for the Dougherty Hills Dog Park.
STAFF RECOMMENDATION:
Approve the public art design by Tellart for the Dougherty Hills Dog Park.
4.6. Establish Right-Of-Way Lines for Dublin Boulevard - North Canyons Parkway
Extension Project
The City Council will consider adopting a Resolution of Intention to establish the precise
alignment for the Dublin Boulevard - North Canyons Parkway Extension Project. The
proposed Project will extend Dublin Boulevard from its current terminus at Fallon Road in
Dublin to North Canyons Parkway in Livermore.
July 16, 2019 Dublin City Council Agenda Page 3 of 4
STAFF RECOMMENDATION:
Adopt the Resolution of Intention to Establish Precise Alignment for the Future Right-Of-
Way Lines for Dublin Boulevard between Fallon Road and the Eastern City Limit and to Set
a Public Hearing at 7:00 PM on August 20, 2019, to Hear Protests or Objections to the
Establishment of the Proposed Right-Of-Way lines for Dublin Boulevard.
4.7. Ordinance Amending Dublin Municipal Code Section 6.76 (Taxicabs) to Comply with
State Laws AB 1069 and AB 939
Assembly Bill 1069 (Chapter 753, Statutes of 2017) and Assembly Bill 939 (Chapter 472,
Statutes of 2018) amended the state laws regarding local regulation of taxicabs. This
Ordinance conforms the City’s taxicab laws to AB 1069 and AB 939, and makes additional
revisions to reflect current City practices.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance
Amending Dublin Municipal Code Section 6.76 regarding Taxicabs.
4.8. Commercial Façade Improvement Grant Program Agreement with Amakara
Company, Inc. and Dublin Apartment Properties, LLC
The City Council will consider approving a Commercial Façade Improvement Grant
Program Agreement with Amakara Company, Inc. (tenant) and Dublin Apartment Properties,
LLC (property owner). The owner of Amakara restaurant has requested participation in the
Commercial Facade Improvement Grant Program to assist with the facade improvements for
an outdoor dining patio.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Commercial Façade Improvement Grant Program
Agreement with Amakara Company, Inc. and Dublin Apartment Properties, LLC for facade
improvements for an outdoor dining patio located at 7568 Dublin Boulevard.
4.9. Small Business Assistance Grant Program Agreement with D’Amore's of Dublin, LLC
and JJD-HOV Dublin LLC
The City Council will consider approving a Small Business Assistance Grant Program
Agreement with D’Amore's of Dublin, LLC (d.b.a. Coach’s Grille) (tenant) and JJD-HOV
Dublin LLC (property owner). The owner of Coach's Grille restaurant has requested
participation in the Small Business Assistance Grant Program to assist with improvements to
the trash enclosure.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Small Business Assistance Grant Program Agreement
with D’Amore's of Dublin, LLC (d.b.a. Coach’s Grille) and JJD-HOV Dublin LLC for trash
enclosure improvements located at 7222 Regional Street.
4.10. Delegation of Authority During Council Recess - Imagine Playground Contracts
The City Council will consider approving the plans and specifications and delegating
authority to the City Manager to award contracts for the Imagine Playground Project, CIP
No. PK0518, during the City Council recess between July 17, 2019 and August 19, 2019.
Actions taken during the City Council recess will be reported to the City Council at the
August 20, 2019 regularly scheduled meeting.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Delegating Authority to
the City Manager to Award Contracts for the Imagine Playground Project, CIP No. P K0518,
During the City Council Recess, July 17, 2019, to August 19, 2019.
July 16, 2019 Dublin City Council Agenda Page 4 of 4
4.11. Approve Wesco Graphics, Inc., Contract Agreement
The City Council will consider the approval of a two-year agreement with Wesco Graphics,
Inc., for the printing and distribution of the City's newsletters and activity guides.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Two-Year Agreement with Wesco Graphics, Inc., and
Authorizing the City Manager to Procure Services in Excess of $45,000.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS- NONE.
8. NEW BUSINESS
8.1. Study Session: Hotel Site Development Review at Corrie Center Site (PLPA-2019-
00019, -20, -21)
The City Council will hold a study session on a proposed hotel development in Downtown
Dublin and provide feedback and direction on a Community Benefit Agreement. The
applicant, Jerry Hunt of Rubicon Property Group, is seeking to develop a hotel on a portion
of a 4.5-acre site located at 7944-7950 Dublin Boulevard (commonly known as the Corrie
Center) within the Downtown Dublin Specific Plan Transit Oriented District. The feedback
received at this meeting will be used to prepare a comprehensive application submittal for
entitlements and the preparation of a Community Benefit Agreement.
STAFF RECOMMENDATION:
Receive presentations by Staff and the applicant and provide feedback regarding the
proposed development and negotiated deal points for a Community Benefit Agreement.
8.2. Accessory Dwelling Units Policy Discussion
The City Council will consider and evaluate Staff's proposals for future City policies to
encourage the production of accessory dwelling units in Dublin.
STAFF RECOMMENDATION:
Receive presentation and direct to Staff to proceed with the policy matters as outlined in the
report to encourage the production of accessory dwelling units in Dublin.
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: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Presentation on Dublin San Ramon Services District “State of the District”
Prepared by: Christopher L. Foss, City Manager
EXECUTIVE SUMMARY:
Georgean Vonheeder-Leopold, Boardmember of the Dublin San Ramon Services
District, will make a presentation on the “State of the District”.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
Not applicable.
DESCRIPTION:
The Dublin San Ramon Services District (DSRSD), which was found in 1953, is an
independent special district that is governed by California’s Community Services District
law. DSRSD distributes drinking water to Dublin and provides wastewater collection
and treatment to all Dublin residents and businesses.
Georgean Vonheeder-Leopold, Boardmember of DSRSD, will present a report on the
“State of the District.”
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
None.
3.1
Packet Pg. 5
Page 2 of 2
3.1
Packet Pg. 6
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Report on Wildfire Safety Efforts by PG&E
Prepared by: Christopher L. Foss, City Manager
EXECUTIVE SUMMARY:
The City Council will receive a presentation from PG&E on their continuing wildfire
safety efforts.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Representatives from Pacific Gas and Electric (PG&E) will make a presentation on
PG&E’s efforts to expand and enhance their Community Wildfire Safety Program, given
the continued and growing threat of extreme weather and wildfires. The presentation
will also include information on PG&E’s Public Safety Power Shutoff program
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable.
ATTACHMENTS:
None.
3.2
Packet Pg. 7
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
June 17, 2019 Special City Council Meetings; and June 18, 2019 Special
and 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 June 17, 2019 Special City
Council meeting; and the June 18, 2019 Special and Regular City Council meetings.
STAFF RECOMMENDATION:
Approve the minutes of the June 17, 2019 Special City Council meeting; and the June
18, 2019 Special and Regular City Council meetings.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
The City Council will consider approval of the minutes of June 17, 2019 Special City
Council meeting; and the June 18, 2019 Special and Regular City Council meetings.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Draft Minutes of the June 17, 2019 Special City Council Meeting
2. Draft Minutes of the June 18, 2019 Special City Council Meeting
3. Draft Minutes of the June 18, 2019 Regular City Council Meeting
4.1
Packet Pg. 8
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SPECIAL MEETING – JUNE 17, 2019
DUBLIN CITY COUNCIL MINUTES 1
SPECIAL MEETING
JUNE 17, 2019
SPECIAL MEETING CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
1. Call to Order and Pledge of Allegiance – The meeting was called to order at 6:03 p.m.
by Mayor Haubert. The pledge 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 Absent
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Retreat: Facilitated by Patrick O’Keefe of Management Partners
The City Council participated in a team building discussion with Management Partners.
3. Adjournment
The meeting was adjourned at 9:15 p.m.
Mayor
ATTEST:
___________________________
City Clerk
4.1.a
Packet Pg. 9 Attachment: 1. Draft Minutes of the June 17, 2019 Special City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
Minutes of the June 18, 2019 City Council Special Meeting Page 1 of 1
SUMMARY MINUTES OF THE
DUBLIN CITY COUNCIL
SPECIAL MEETING
Tuesday, June 18, 2019, 5:00 p.m.
DUBLIN CIVIC CENTER
REGIONAL MEETING ROOM
100 CIVIC PLAZA, DUBLIN, CA 94568
1. Call to Order and Pledge of Allegiance
Vice Mayor Hernandez called the meeting to order at 5:10 p.m. 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
(Arrived at the beginning of Item 3)
Melissa Hernandez Vice Mayor Present
Arun Goel Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Public Comment - None
3. Work Session with Urban Field Studio
Assistant City Manager Linda Smith provided an introduction and background on the
project. Jane Lin, with Urban Field Studio led the work session on the redevelopment
potential of Downtown Dublin and public-private funding options for a possible town
square and associated infrastructure. Sub-consultants Kevin Feeney (Keyser Marston
Associates), Christine Firstenberg (Retail Real Estate Resources), and Ryan Call (ELS
Architecture + Urban Design) also presented during the work session.
There was consensus from the City Council to generally support an increase in density,
mixture of uses, and allocation of additional residential units in the Retail District.
4. Adjournment
The meeting was adjourned at 6:30 p.m.
The next City Council work session on Downtown Dublin’s Retail District is scheduled for
Tuesday, August 20, 2019.
_____________________________________
ATTEST: Mayor
_____________________________________
City Clerk
4.1.b
Packet Pg. 10 Attachment: 2. Draft Minutes of the June 18, 2019 Special City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – JUNE 18, 2019
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
JUNE 18, 2019
CLOSED SESSION 6:30 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 941-0305-028-00
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: ASVRF Dublin Place, LP
Under negotiation: Price and terms of payment
1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:09 p.m.
by Mayor Haubert. The pledge 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
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
3. Oral Communications
3.1. Update from East Bay Community Energy
The City Council received a presentation from East Bay Community Energy
(EBCE) on their first year of service and upcoming EBCE programs.
3.2. Community Spotlight: Certificate of Recognition for Community Resources
for Independent Living
The City Council presented the certificate to Ron Halog, Executive Director for
Community Resources for Independent Living.
3.3. World Elder Abuse Awareness Month
The City Council presented a proclamation for World Elder Abuse Awareness
Month - June 2019.
3.4. Employee Introductions
The City Council welcomed the new Dublin staff members.
4.1.c
Packet Pg. 11 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
JUNE 18, 2019
3.5. Public Comment
No public comments were made.
4. Consent Calendar
Item 4.1 was pulled for further discussion and item 4.17 was pulled for a separate vote.
4.1. Approved the minutes of two June 4, 2019 Special City Council meetings and one
June 4, 2019 Regular City Council meeting noting that start time for the Special
Meeting was 6:02 p.m.
4.2. Adopted
RESOLUTION NO. 57 – 19
APPROVING A CONTRACT SERVICES AGREEMENT WITH DSI
FOR THE TOTAL COST OF OWNERSHIP PROJECT
4.3. Selected the name “Imagine Playground at Dublin Sports Grounds” for the
rehabilitated playground at Dublin Sports Grounds.
4.4. Adopted
RESOLUTION NO. 58 – 19
APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA
FOR LIBRARY SERVICES FOR FISCAL YEAR 2019-20
4.5. Adopted
RESOLUTION NO. 59 – 19
APPROVING A CONTRACT SERVICES AGREEMENT WITH PRESERVATION ARTS
4.6. Adopted
RESOLUTION NO. 60 – 19
APPROVING AN AGREEMENT WITH SPECIAL EVENTS
FOR EVENT EQUIPMENT RENTAL
4.7. Adopted
RESOLUTION NO. 61 – 19
APPROVING A CONTRACT SERVICES AGREEMENT WITH
TRAVELCENTER TOURS AND TRAVEL
4.1.c
Packet Pg. 12 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
JUNE 18, 2019
4.8. Received the notification of the City Engineer's pending approval of the
Improvement Agreement Amendment for Tract 7713 Neighborhood 3 at Wallis
Ranch (Ivy Oak).
4.9. Adopted
RESOLUTION NO. 62 – 19
AMENDING THE DUBLIN TRAFFIC CODE APPROVING A TWO-HOUR TIME LIMIT
PARKING ZONE ALONG THE EAST SIDE OF GOLDEN GATE DRIVE BETWEEN
DUBLIN BOULEVARD AND SAINT PATRICK WAY BETWEEN THE HOURS OF 8:00
A.M. TO 8:00 P.M. FROM MONDAY THROUGH FRIDAY
4.10. Adopted
RESOLUTION NO. 63 – 19
APPROVING THE AGREEMENT WITH SHAMROCK OFFICE SOLUTIONS AND
AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES AND EQUIPMENT
IN EXCESS OF $45,000
4.11. Adopted
RESOLUTION NO. 64 – 19
AUTHORIZING THE CITY MANAGER TO EXECUTE THE EMERGENCY MEDICAL
SERVICES FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS)
SERVICE AGREEMENT
4.12. Adopted
RESOLUTION NO. 65 – 19
APPROVING THE CITY OF DUBLIN
GREEN STORMWATER INFRASTRUCTURE PLAN
4.13. Received the Payment Issuance Report.
4.14. Adopted
RESOLUTION NO. 66 – 19
APPROVING CONSULTING SERVICES AGREEMENTS FOR
ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES
4.15. Adopted
RESOLUTION NO. 67 – 19
ADOPTING AN ANNUAL UPDATE TO THE MASTER FEE SCHEDULE FOR
SERVICES PROVIDED BY CITY
4.1.c
Packet Pg. 13 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
JUNE 18, 2019
4.16. Adopted
RESOLUTION NO. 68 – 19
APPROVING AMENDMENTS TO PROJECT AGREEMENTS
FOR WICKLOW SQUARE SENIOR HOUSING
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.17. Adopted
RESOLUTION NO. 69 – 19
APPROVING A MASTER LICENSE AGREEMENT FOR SMALL CELL POLE
ATTACHMENT INSTALLATION WITH GTE MOBILNET OF CALIFORNIA, LP
(DOING BUSINESS AS VERIZON WIRELESS) AND OFFERING SAME TERMS TO
OTHER MASTER LICENSEES
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Melissa Hernandez, Vice Mayor
AYES: Kumagai, Haubert, Hernandez
RECUSED: Josey, Goel
5. Written Communication – None.
6. Public Hearing
6.1. Resolution Determining that Public Interest and Necessity Require the
Acquisition of Two Portions of Certain Real Property Located at 7884 Dublin
Boulevard, Designated as APN 941-1400-44-2, for the Construction of the
Saint Patrick Way Extension Project
Mayor Haubert opened the public hearing.
No comments were made by the public.
Mayor Haubert closed the public hearing.
The City Council adopted
4.1.c
Packet Pg. 14 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
JUNE 18, 2019
RESOLUTION NO. 70 – 19
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERT LOCATES AT 7884
DUBLIN BOULEVARD, (APN 941-1400-44-2) FOR THE CONSTRUCTION OF THE
SAINT PATRICK WAY EXTENSION PROJECT
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
6.2. Public Hearing: Adoption of Rates for Garbage Collection, Disposal, and
Recycling Services Provided by Amador Valley Industries and Establishing
the 2019-2020 Annual Assessment
Mayor Haubert opened the public hearing.
No comments were made by the public.
Mayor Haubert closed the public hearing.
The City Council adopted
RESOLUTION NO. 71 – 19
AMENDING THE SCHEDULE OF SERVICE RATES
FOR INTEGRATED SOLID WASTE SERVICES
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
RESOLUTION NO. 72 – 19
APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL
GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 2019-2020
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Melissa Hernandez, Vice Mayor
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.1.c
Packet Pg. 15 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
JUNE 18, 2019
7. Unfinished Business
7.1. Alameda County Waste Management Authority Mandatory Recycling
Ordinance Phase II
The City Council adopted
RESOLUTION NO. 73 – 19
TO OPT-IN TO THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
MANDATORY RECYCLING ORDINANCE PHASE II
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Melissa Hernandez, Vice Mayor
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
8. New Business
8.1. Overview of the City’s Affordable Housing Programs
The City Council received a report on the City’s Affordable Housing Programs.
8.2. Special Designation of General Fund Reserves for Fiscal Year 2018-19
The City Council adopted
RESOLUTION NO. 74 – 19
AUTHORIZING A SPECIAL DESIGNATION OF GENERAL FUND RESERVES FOR
FISCAL YEAR 2018-19
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Shawn Kumagai, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
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.c
Packet Pg. 16 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
DUBLIN CITY COUNCIL MINUTES 7
REGULAR MEETING
JUNE 18, 2019
By consensus, the City Council requested Staff to return with a brief analysis of the City's
Inclusionary Zoning Ordinance.
By consensus, the City Council requested staff bring back a discussion item of the City
re-joining Sister City International; the City paying the monthly dues; and for the City to
participate in the Green and White Gala with a $5,000 contribution.
10. Adjournment
The meeting was adjourned at 9:37 p.m. in honor of Staff Sgt. Sean Diamond and all of
our fallen troops.
Mayor
ATTEST:
___________________________
City Clerk
4.1.c
Packet Pg. 17 Attachment: 3. Draft Minutes of the June 18, 2019 Regular City Council Meeting (Draft Minutes of the June 17, 2019 Special Meeting and June
Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Sports Fields and Stager Community Gymnasium Reservation Policies
Update
Prepared by: Lisa McPherson, Recreation Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of an update to the Sports Fields and Stager
Gymnasium Reservation Policies, including a new Field Allocation Formula policy, and
updates to the sections titled “Tournaments” and “Turf Field Rain Indicator Lights”.
STAFF RECOMMENDATION:
Approve the update to the Sports Fields and Stager Gymnasium Reservation Policies.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
At the May 20, 2019 Parks and Community Services Commission meet ing, the
Commissioners reviewed three sections to the existing Sports Fields and Stager
Community Gymnasium Reservation Policies, Rules and Fee Schedule rental packets
and recommended a new Field Allocation Formula, and updates to the sections titled
“Tournaments” and “Turf Field Rain Indicator Lights”. The Commission voted 4-0-0 to
recommend the policy change and updates.
Field Allocation Formula
Each year, the City allocates athletic fields for sports organizations to rent during March
1st through December 15th. Staff utilize the following rental categories to establish
priority use when allocating fields:
Dublin Sports League Organization (75% Dublin youth residents)
Resident
Non-Profit
Non-Resident
Commercial
4.2
Packet Pg. 18
Page 2 of 4
Over the past years, the requests for field usage from multiple sports organizations'
(baseball, soccer and cricket) has increased, resulting in multiple users requesting the
same space. To accommodate the increase in field requests and to ensure equal field
usage amongst the sports organizations are allocated appropriately, a Field Allocation
Formula is recommended. The Formula will be based on a percentage of total Dublin
residents listed on the sports organizations' rosters.
• Currently, Staff automatically collect the team rosters to calculate their residency
requirements by reviewing each person listed on the rosters provided by the
sports organization.
o Sports Organizations submitting knowingly false information on residency
rosters will result in automatic revocation of permit.
The following is an example of the proposed Field Allocation Formula:
Organization A has 900 Dublin residents and Organization B has 750 Dublin
residents.
Total Dublin residents registered in Organizations A and B equals 1,650
Organization A would receive 55% of field time available (900 divided by 1,650
equals 55%)
Organization B would receive 45% of field time available (750 divided by 1,650
equals 45%)
Both Organizations request usage on the same field and same day from 3:00 -
7:00 PM (4 hours):
o Organization A (55%) would be allocated 2.5 hours of field usage on that
day
o Organization B (45%) would be allocated 1.5 hours of field usage on that
day
• Organization A would receive first choice on the time they prefer to use the field
(either 3:00-5:30 PM or 4:30-7:00 PM) on the day requested.
Staff highly encourages sports organizations requesting the same field on the same day
and time frame to work together to form a fair compromise. This is frequently discussed
during the City quarterly meetings with the Youth Sports liaisons; however, when a
compromise cannot be met, this formula will ensure a fair and equitable allocation
process.
Tournaments and Turf Field Rain Indicator Lights
Tournament protocol and turf field rain indicator lights were not clarified in the initial
consolidation of the Sports Fields and Stager Gymnasium Reservation Policies, Rules
and Fee Schedule rental packet. Staff is recommending revising the policy to clarify the
following:
Tournaments:
All tournaments must provide a tournament director or designee who shall
remain onsite at each location throughout the duration of the tournament. The
rental applicant or tournament director will meet with a City Representative at
least 30 days prior to the tournament to discuss logistics of the tournament.
Based on the size of the tournament, the rental group may be required to rent
4.2
Packet Pg. 19
Page 3 of 4
outdoor toilet facilities and/or be charged for extra litter pick-up, restroom
supplies (toilet paper and paper towels) or added staffing.
o Tournaments that require City staffing will be charged for actual cost for
services related to Facility Attendants, Maintenance staff and other City
staff per hour per location (Fallon Sports Park, Emerald Glen Park and
Dublin Sports Grounds) in addition to the rental fees.
▪ Sports Organizations that conduct tournaments without informing
Staff a month in advance will be charged for extra restroom
supplies and Maintenance staff cost.
Turf Field Rain Indicator Lights:
Field use is prohibited when the Rain Indicator Light is on.
o Field renters are responsible for assuring that their organization, leagues
and teams observe this rule.
Rain Indicator Light locations:
o Dublin Sports Grounds by restroom building near Soccer Field # 4
o Emerald Glen by restroom building near the basketball courts
o Fallon Sports Park on the baseball and softball outfield fences
o Ted Fairfield has no rain indictor light
Staff proposed the Field Allocation Formula, tournament protocol and turf field rain
indicator lights clarification in a meeting conducted on May 8, 2019 with the following
Dublin Sports League Organizations':
Cricket for Cubs
CYO
Dublin Cricket League
Dublin Little League
Dublin United Soccer League
• Dublin Cricket Academy (invited though didn’t attend the meeting)
• Dublin Dogs (invited though didn’t attend the meeting)
The feedback from that meeting was positive and there was support for Staff’s proposed
Field Allocation Formula, tournament protocol and turf field rain indicator lights
clarification.
Staff respectively request that the City Council approve the Parks and Community
Services Commission recommendations for policy updates, including the Field
Allocation Formula and updates to the tournament protocol and turf field rain in dicator
lights sections.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report has been provided to Dublin Sports League Organizations’.
ATTACHMENTS:
4.2
Packet Pg. 20
Page 4 of 4
1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies,
Rules and Fee Schedule
4.2
Packet Pg. 21
City of Dublin
Sports Fields and Stager Community Gymnasium
Reservation Policies, Rules and Fee Schedule
1. Rental Categories
• Public Agencies: Agencies serving the City of Dublin including Alameda County, Dublin‐San
Ramon Services District, Dublin Unified School District, etc.
• Dublin Sports League Organizations: 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:
o Youth Sports League Organizations – at least 75% Dublin residents.
o Adult Sports League Organization – at least 51% Dublin residents.
• Non-Profit Organization: Organized non‐profit groups with current 501(c) (3) or 501(c)(4) IRS status.
The submission and approval of a “Non-Profit Organization Verification Form” must be on file with
the City.
o *Groups applying under the Non-Profit Organization classification must have an “Organization
Verification Form” on file with the following two documents:
▪ 1) Bylaws
▪ 2) Current I.R.S. Tax Exempt Letter.
o Groups claiming Dublin Sports League Organization must provide a current membership roster.
▪ For Youth Sports League Organizations, 75% of membership must reside in Dublin and for
Adult Sports League Organizations, 51% membership must reside in Dublin. Applications
will not be accepted without these items.
• Sports Organizations submitting inaccurate residency rosters will result in
automatic revocation of permit.
• Resident: Individuals must reside or own property within Dublin City Limits
• Non -Resident: Individuals not residing within Dublin City Limits
• Commercial Uses: Companies or individuals whose events have an admission fee or include the
sales of goods or services.
2. Rental Categories Priority Use
Sports Fields
• 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
Stager Community Gymnasium
• Public Agencies – Reservations accepted up to nine (9) months in advance of requested dates of use.
• Dublin Sports League Organizations – Reservations accepted up to six (6) months in advance of
requested dates of use.
• Residents and Non-Profit Organizations - Reservations accepted up to four (4) months in advance of
requested dates of use.
• Non- Residents and Commercial - Reservations accepted up to two (2) months in advance of
requested dates of use.
1
4.2.a
Packet Pg. 22 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
3. Rental Hours of Use
Required rental period is a minimum of one (1) hour per sports field rental and two (2) hours for
gymnasium rental. Hours of use must include the amount of time needed for the event, including setup and
cleanup. The fields and gymnasium must be vacated by the time specified on the approved Sports Field
Rental Application.
Sports Fields are available during the following hours:
• 8:00 AM to Dusk (10:00 PM for lighted fields)
o Turf fields are available March 1 through December 15
o Synthetic turf fields are available year-round and all-weather playable
Stager Community Gymnasium is available for rental during the following hours when not scheduled for
City or Dublin Unified School District activities:
When School is in Session • Monday‐Friday 3:00 PM ‐ 10:00 PM • Saturday 8:00 AM ‐ 10:00 PM • Sunday 8:00 AM ‐ 10:00 PM
When School is NOT in Session • Weekdays 8:00 AM ‐ 10:00 PM • Weekends 8:00 AM ‐ 10:00 PM
4. Rental Process
• To reserve a sports field or gymnasium, a rental agreement must be submitted for approval a
minimum of ten (10) business days prior to the rental date. Submitting an application fewer than
ten (10) business days prior require Parks and Community Director approval. In each case, an
administrative fee of $5 per rental will apply.
• Applications are accepted between the hours of 8:00 AM and 5:00 PM, Monday through Friday,
holidays excepted.
• 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 City Limits. Verification of
residence address will be required (valid California driver’s license or current utility bill).
• Applications for c ontinuous use must include complete schedules, including dates, times, fields
and gymnasium requested for practices and games. Approval takes three (3) to five (5) business days;
notification of application status will be e-mailed.
• The City reserves the right to book additional events before or after an applicant’s confirmed rental
time.
5. Rental Deposit
For rentals that are for league play, a tournament or for commercial use, a $250.00 Deposit is due at the
time that the application is submitted. The deposit will be returned within 30 days of the last date of
the rental, providing there are no violations of the Use Policy, the rental hours exceeded, excessive
cleaning required, or damages to the field(s) or gymnasium.
6. Rental Fee Balance
Final payment of rental fees must be made no later than 30 days after receipt of an approved rental
contract/confirmation. Payments not received by this deadline may result in cancellation of the
rental and forfeiture of the deposit. If the application is received less than 30 days prior to the first
date of the rental, then payment is due immediately upon receipt of a rental contract/confirmation.
2
4.2.a
Packet Pg. 23 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
Checks should be made payable to: City of Dublin. Cash, VISA, MasterCard, Discover and American
Express are also accepted. Payments not received by the due date may result in cancellation and forfeiture of the
deposit (as applicable).
7. Insurance Certificate
For rentals that are for league play, a tournament or commercial uses, all applicants shall provide the City
of Dublin with a valid Certificate of Liability including the endorsement page written through carriers
acceptable to the City of Dublin . Such certificate shall provide bodily injury and property damage liability
protection at a minimum of $1,000,000 per occurrence. The applicant must be specified as the insured.
The certificate shall name the “City of Dublin, its officers, employees, agents and volunteers” as an
“additional insured” in conformance with the hold harmless agreement the applicant’s insurance shall be
primary to any insurance carried by the City of Dublin and/or the Dublin Unified School District . The
certificate shall be properly executed with the original signature of the authorizing agent of the
insurance company. Note: Please contact your insurance provider to check if your homeowner’s policy
may be extended to cover your facility rental.
8. Cancellations, Changes and Refunds
• Cancellation requests must be in writing by the applicant and sent by emailing
parksandcommunityservices@dublin.ca.gov.
• Refunds and Credits are not issued for unused hours.
• 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 advanced notice as possible.
Sports Fields
• No refund or credit will be issued for a cancellation or reduction of pre-booked hours within ten
(10) business days of the rental date.
• If submitted less than ten (10) business days prior to the rental date, there will be an
administrative, per booking, fee of $5 on each request to shift scheduled booking hours to a
new scheduled time within the same day without any reductions. A $5 fee will also apply for
each subsequent request to shift the booking. A change of date is considered a cancellation.
• Adding hours fewer than ten (10) business days prior to the rental will only be accepted with
Department approval. In each case, an administrative fee of $5 will apply for each addition.
• All credits expire one (1) year after the date of issue and can only be used for field or field light
rentals.
Stager Community Gymnasium
• Refunds will be handled as follows:
• If the request is received three (3) 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.
• If the request is received between three (3) 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.
• 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).
• Any Changes in rental hours less than five (5) business days prior to the rental date will be
assessed a $25.00 fee per change.
3
4.2.a
Packet Pg. 24 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
9. General Rules
• Facility Use Permits cannot be transferred, assigned or sublet.
• Hours of use must include the amount of time needed for the event, including setup and cleanup.
• A responsible adult from the rental must supervise the premises for proper facility use during all
rental hours.
• Groups comprised of minors must be supervised at all times by two (2) adults for each twenty minors.
• Parking is permitted in painted parking stalls only.
• Vehicles parked illegally will be cited.
Sports Fields Rules:
o An approved rental permit is required to use the synthetic turf fields
o Softballs must be rated “Restricted Flight.”
o Bases, equipment and field preparation (drag, water, lines, etc.) are not provided.
o Fields scheduled after dusk will require rental of field lights. All rentals must end by 10:00 PM.
o The 60’ baseball diamonds are designated for youth use only.
o Lining or marking of the field is not allowed without prior written approval from the City.
Stager Community Gymnasium Rules:
o Tables and chairs provided by the City may not be removed from the facility.
o Storage is not available.
o Only water may be brought into the gymnasium. Food and drink are not allowed.
o Containers of ice may not be placed in the gymnasium.
o The consumption, serving and/or selling of alcoholic beverages is not permitted.
o P.A. Systems, microphones, TV/VCRs, stand‐up podiums and extension cords are not available.
o The scoreboard is only available for use during official league games.
o Tickets may not be sold at the door as an admission charge unless approved in advance.
o The gymnasium has heating but no air conditioning.
o 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.
o Chairs will be provided when requested.
o 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.
o Decorations
o All decorative materials must be either made of non‐combustible substances or treated with
State Approved flame‐retardant.
o Confetti or similar materials may not be thrown inside or outside the facility.
10. General Prohibited:
• The consumption, serving and/or selling of alcoholic beverages.
• Glass containers, including bottles.
• The use of tacks, tape, nails, staples or putty on any walls
• Paste, tack, glue or post any sign, placard, advertisement or inscription or erect any sign on the
buildings.
• The use of decals, glitter, powders, wax, paint, etc.
• Hitting or kicking balls onto the walls, outside fences or against buildings.
4
4.2.a
Packet Pg. 25 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
• Spectator seating is only allowed in designed areas off the field.
Sports Fields Prohibited:
o Spectators in dugouts or playing fields during event play.
o SMOKING within 100 feet of any children’s playground area, sports fields, sport courts
and picnic areas.
o Synthetic turf fields prohibited:
▪ Any cleats that are used must be rubber; no metal spikes.
▪ No driving in of stakes.
▪ Dogs or pets of any kind on the fields.
▪ Barbecues, bikes, roller blades, skateboards, motorized vehicles or high-heeled
shoes.
▪ Food and beverages (except for water) including gum, seeds, nuts, candy or sports
drinks.
▪ Chairs, umbrellas, tents, flags, and other outdoor furniture on the field .
• Stager Community Gymnasium Prohibited:
o Containers of ice, drinks (Except for water) or food inside the gymnasium
o SMOKING within the interior of the gymnasium and outside on the school property.
o The capacity of the gymnasium is 1,428 and is posted in the building.
o Overcrowding is forbidden and will result in cancellation of event and forfeiture of all
fees paid.
o 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.
11. Locations and Information
Sports Fields Information
Dublin Sports Grounds, located on Dublin Boulevard at Civic Plaza, includes:
• Six Baseball Fields (one lighted 90’; four 60’; and one lighted 50’/70’ diamonds)
• Seven soccer/lacrosse fields (two lighted)
• One lighted softball field
Emerald Glen Park, located on Tassajara Road between Central Parkway and Gleason Drive, includes:
• Four soccer fields
• Three baseball fields (one 80’ and two 60’ diamonds)
• One cricket field
Fallon Sports Park, located on Lockhart Street between Central Parkway and Gleason Drive, includes:
• Two 60’ baseball fields
• One lighted 90’ baseball field
• Two lighted softball fields
• Four lighted synthetic turf soccer/lacrosse fields
Ted Fairfield Park, located at North Dublin Ranch Drive and Antone Way, includes:
• One 60’ softball field
• One soccer field
Stager Community Gymnasium is located at 6901 York Drive at Valley High School.
5
4.2.a
Packet Pg. 26 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
12. Parks and Community Services Director Approval
• Request for exception to the Sports Field and Stager Community Gymnasiums Use Policy must be
submitted in writing no later than 30 days prior to the date of use requested. Approval or denial of
the request will be issued in writing.
• No equipment storage is allowed at park sites without prior written approval from the Parks
and Community Services Director.
13. Tournaments
• All tournaments must provide a tournament director or designee who shall remain onsite at each
location throughout the duration of the tournament. The rental application or tournament director
will meet with a City Representative at least 30 days prior to the tournament to discuss logistics of
the tournament. Based on the size of the tournament, the rental group may be required to rent
outdoor toilet facilities and/or be charged for extra litter pick -up, restroom supplies (toilet paper
and paper towels) or added staffing.
o Tournaments that require City Staffing will be charged for actual cost for services related to
Facility Attendants, Maintenance Staff and other City Staff per hour per location (Fallon
Sports Park, Emerald Glen Park and Dublin Sports Grounds) in addition to the rental fees.
▪ Sports Organizations that conduct tournaments without informing Staff a
month in advance will be charged for extra restroom supplies and
Maintenance Staff cost.
14. Turf Fields Rain Outs
• In the event the field is not available due to rain or wet field conditions, a credit will be
issued if the office is notified in writing within four (4) business days after the scheduled date of
use.
• Field use is prohibited when the Rain Indicator Light is on
o Field renters are responsible for assuring that their organization, leagues and teams
observe this rule.
• Rain Indicator Light locations:
o Dublin Sports Grounds by restroom building near Soccer Field # 4
o Emerald Glen by restroom building near the basketball courts
o Fallon Sports Park on the baseball and softball outfield fences
▪ Ted Fairfield has no rain indictor light
15. Field Allocation Formula
• Fields will be allocated based on percentage of verifiable total Dublin residents on the organizations
roster. Staff highly encourages sports organizations requesting the same field and time usage to work
together.
• Formula Example:
o Organization A has 900 Dublin residents and Organization B has 750 Dublin residents
o Total Dublin residents registered in Organizations A and B equals 1,650
▪ Organization A would receive 55% of field time available (900 divided by 1,650 equals
55%)
▪ Organization B would receive 45% of field time available (750 divided by 1,650 equals
45%)
o Both Organizations request usage on the same field and day from 3:00-7:00 PM
▪ Organization A (55%) would be allocated 2.5 hours of field time on that day
▪ Organization B (45%) would be allocated 1.5 hours of field time on that day
4.2.a
Packet Pg. 27 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
• Organization A would receive first choice on the time they prefer to use the field (either 3:00 -5:30PM
or 4:30-7:00 PM) on the day requested. Staff highly encourages sports organizations requesting the
same field on the same day and time frame to work together on field usage.
16. Sports Fields and Stager Community Gymnasium Rental Fee Schedule
Rental Category
Turf Field
Per Hourly Fee
Public Agencies
Dublin Youth Sports Leagues $7.00
Non-Profit Organizations $16.80
Residents $21.00
Non-Residents $25.20
Commercial Residents $33.60
Commercial Non-Residents $40.30
An additional 50% will be charged for use of the facility on designated City holidays pending availability of City staff.
The City of Dublin reserves the right to deny the use of Sports Fields or gymnasium to any person or group if
such use is deemed to be contrary to the best interest of the City, the facility, and/or Dublin residents.
6
Rental Category
Synthetic
Turf Field
Per Hourly Fee
Public Agencies
Dublin Youth Sports Leagues $25.00
Non-Profit Organizations $50.00
Residents $62.50
Non-Residents $104.70
Commercial Residents $100.00
Commercial Non-Residents $250.00
Rental Category
Lights Per Field
Per Hourly Fee
Public Agencies
Dublin Youth Sports Leagues $25.40
Non-Profit Organizations $27.20
Residents $34.00
Non-Residents $40.80
Commercial Residents $54.40
Commercial Non-Residents $65.30
Rental Category
Gymnasium
Per Hourly Fee
Public Agencies
Dublin Youth Sports Leagues
Non-Profits (resident only) $40.00
Residents $60.00
Non-Residents $72.00
Commercial Residents $80.00
Commercial Non-Residents $96.00
Volleyball Net (per rental) $10.00
4.2.a
Packet Pg. 28 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
4.2.a
Packet Pg. 29 Attachment: 1. Revised Sports Fields and Stager Community Gymnasium Reservation Policies, Rules and Fee Schedule (Reservation Policy
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Notice of City Engineer's Pending Decision on Improvement Agreement
Amendment for Tract 8169 Neighborhood 8 at Wallis Ranch (Fielding)
Prepared by: James Paluck, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will receive a notification of the City Engineer's pending approval of the
Improvement Agreement Amendment for Tract 8169 Neighborhood 8 at Wallis Ranch
(Fielding).
STAFF RECOMMENDATION:
Receive the notification.
FINANCIAL IMPACT:
There is no impact on the General Fund.
DESCRIPTION:
TH WR-8 Venture LLC, a Delaware limited liability company (Trumark Homes) and the
City previously entered into a Tract Improvement Agreement for Tract 8169
Neighborhood 8 at Wallis Ranch (Fielding), dated January 19, 2016. Trumark Homes
signed a First Amendment to the Tract Improvement Agreement extending the
completion time to December 13, 2019. Staff has reviewed the request for an extension
submitted by Trumark Homes and recommends that the City Engineer approve the First
Amendment to the Tract Improvement Agreement.
In accordance with Chapters 9.24.070.B and 9.24.080 of the City of Dublin Munic ipal
Code, this is notice of the City Engineer's pending approval of the following:
Tract Location Developer Type Amendment
8169 Carneros Ln,
Stags Leap Ln,
and Windsor Wy
TH WR-8
Venture LLC
Amendment
No. 1
Extension of
Time Period
4.3
Packet Pg. 30
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. First Amendment to Tract Improvement Agreement for Tract 8169
2. Tract Improvement Agreement for Tract 8169
4.3
Packet Pg. 31
4.3.aPacket Pg. 32Attachment: 1. First Amendment to Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement
4.3.aPacket Pg. 33Attachment: 1. First Amendment to Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8169
This agreement is made and entered into this 19th day of January, 2016, by and between the
City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and TH WR-8 Venture LLC,
hereinafter referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, the subdivider of Tract No. 8169, desires to improve those
improvements (hereafter"The Improvements") required by City of Dublin City Council Resolution No.
68-14 adopted on May 20, 2014 for Tract 8169 in accordance with the requirements and conditions
set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the
Subdivision Ordinance of the CITY, and those certain plans for said development entitled:
Rough Grading Plans— Tract 8169—Neighborhood 8 at Wallis Ranch, prepared by MacKay &
Somps and signed by the City Engineer
Improvement Plans— Tract 8169— Neighborhood 8 at Wallis Ranch, prepared by MacKay &
Somps, and signed by the City Engineer
Joint Trench & Private Street Lighting Plans— Tract 8169— Neighborhood 8 at Wallis Ranch,
prepared by Giacalone Design, Inc., and signed by the City Engineer
Landscape Plans— Tract 8169—Neighborhood 8 at Wallis Ranch, prepared by Gates &
Associates, and signed by the City Engineer
and now on file in the office of the City Engineer, which are hereby referred to for a more definite and
distinct description of the work to be performed under this Agreement as though set forth at length
herein;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions of this Agreement; and
WHEREAS, CITY has determined that the portion of The Improvements that will be accepted
by the City as Public improvements are a public works subject to California prevailing wage
requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER shall complete said work not later than two years following said date of
execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final Record Drawings of The Improvements, including
any modifications made during construction.
2. Estimated Cost of Improvements.
1
4.3.b
Packet Pg. 34 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
The estimated cost of constructing The Improvements required by this agreement are
presented in the Bond Estimate, Wallis Ranch—Neighborhood 8 Improvement Plans, dated 9/2/15,
prepared by MacKay & Somps:
Neighborhood 8 -Tract 8169 - Improvements 1,727,237.00
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured. Said amount reflects that the Tract 8169 Improvements are currently 0%
complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A to this
agreement.
Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the
following security in a form satisfactory to the CITY Attorney:
Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one hundred per cent(100%) of the estimate set forth in Paragraph
2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively,
the "Faithful Performance Bond").
Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph
2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons
furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials
Bond").
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision
Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
be obtained and filed with the CITY, all insurance required under this paragraph Prior to the
commencement of work under this Agreement, DEVELOPER's general contractor (if different than
Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor
to commence work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall
be maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
2
4.3.b
Packet Pg. 35 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence"form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of$1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that
the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self-
insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per
occurrence self-insured retention for third party action over actions and (iii) a $7,500,000 per
occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction
Damage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY
hereby approves the GL SIR's.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers shall
be named as additional insureds as respects: liability arising out of
activities performed by or on behalf of the DEVELOPER; products and
completed operations of the DEVELOPER; premises owned, occupied
or used by the DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain no special
limitations on the scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the CITY, its officers, officials,
employees or volunteers shall be excess of the DEVELOPER's
insurance and shall not contribute with it.
3
4.3.b
Packet Pg. 36 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or
volunteers.
d) The DEVELOPER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the CITY, its officers, officials,
employees and volunteers for losses arising from work performed by the DEVELOPER
for the CITY.
3) All Coverages. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, cancelled by either
party, reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to the CITY.
Notwithstanding the foregoing, if an endorsement that would provide for thirty (30)
days' prior written notice prior to one or more of the above actions is not commercially
available, DEVELOPER shall be excused from providing an endorsement covering
said action or actions, provided that in such circumstances, DEVELOPER shall give
written notice to the CITY as soon as is practicable if DEVELOPER learns that its
coverage has been suspended, voided, cancelled by either party or reduced in
coverage or in limits.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to certify coverage on its behalf. The certificates and
endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require complete,
certified copies of all required insurance policies, at any time provided;
however, that if the policies are not yet available, the City will accept
copies of the applicable binders.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its policies
or shall obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all
work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and
4
4.3.b
Packet Pg. 37 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY
as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and
materials for a period of one (1) year after initial acceptance of the entire work by CITY.
DEVELOPER shall repair or replace any or all such work or material, together with all or any other
work or materials which may be displaced or damaged in so doing, that may prove defective in
workmanship or material within said one-year guarantee period without expense or charge of any
nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in
workmanship and materials actually appear during the one-year guarantee period, and have been
corrected, the guarantee period for the defected items shall automatically be extended for an
additional year from the date of the completion of the repair to insure that such defects have actually
been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay
to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or welfare,
CITY shall have the right to immediately repair, or cause to be repaired, such defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing
statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements
or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of
such repair or work, fifty percent(50%) of such costs and expenses for overhead and interest at the
maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such
work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and designated
representative for the safe and convenient inspection of the work throughout its construction. Said
CITY representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
6. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's
5
4.3.b
Packet Pg. 38 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's
contractors, subcontractors, agents or employees should violate any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of
such written notice to cure such default; provided that, if such cure cannot be reasonably effected
within such fifteen (15) day period, such failure shall not be a default hereunder so long as
DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter
diligently prosecutes such cure to completion.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have
the duty to take over and complete The Improvements herein specified; provided, however, that if the
surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY
written notice of its intention to take over the performance of the contract, and does not commence
performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over
the work and prosecute the same to completion, by contract or by any other method CITY may deem
advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be
liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY
thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plant and other property belonging to DEVELOPER
as may be on the site of the work and necessary therefore.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
TH WR-8 Venture LLC
4185 Blackhawk Plaza Circle
Suite 200
Danville, CA 94506
Attn. Heide Chapman
Phone: (925) 309-2514
Email: hchapman @trumark-co.com
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
6
4.3.b
Packet Pg. 39 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets and
improvements within the work to be performed under this Agreement shall be at the sole and
exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for
dwellings located within the tract shall not be construed in any manner to constitute a partial or final
acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's
Building Official may withhold the issuance of building or occupancy permits when the work or its
progress may substantially and/or detrimentally affect public health and safety.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary
to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of The Improvements and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative,
shall examine The Improvements without delay, and, if found to be in accordance with said plans and
specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall
recommend acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release
the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private
Improvements and a warranty bond will not be needed for these Improvements; provided however,
the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or
his designated agents of their completion and shall thereafter immediately release the Faithful
Performance Bond and the Labor and Materials Bond.
11. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for,
and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and
court costs, which may result from the use of said patented or copyrighted material, process or
publication.
12. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or sureties from
liability on any bond or bonds attached hereto and made a part hereof, and consent to make such
alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section
2819 of the Civil Code of the State of California.
7
4.3.b
Packet Pg. 40 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
13. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify,
defend, release, and save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all loss, claims, suits,
liabilities, actions, damages, or causes of action of every kind, nature and description, directly
or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not such insurance
policies shall have been determined to be applicable to any of such damages or claims
for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1)
year following acceptance by the CITY of the improvements, and said design defect, in
the opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost
and expense, and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the CITY for the corrective work required.
4) Litigation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement
or seeks to specifically enforce the terms of this Agreement, and, in the event judgment
is entered in said action, the prevailing party shall be entitled to recover its attorneys'
fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to
recover its attorney's fees and costs in any action against DEVELOPER's surety on the
bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
8
4.3.b
Packet Pg. 41 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF /
By:
y Manager
ATTEST:
diA4 ia a
City Clerk
DEVELOPER
TH WR-8 Venture LLC
a Delaware limited liability company
BY: TH WR-8 Investors LLC,
a Delaware limited liability company
its Managing Memb-
BY: /
G:IDEVELOPMENT,PRIVATE1Wallis-N8-Tr 8169-Trumark\Agreements\TIA-Trumark-Tr 8169.doc
9
4.3.b
Packet Pg. 42 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
19604-080
Revised 09/02/2015
BOND ESTIMATE
WALLIS RANCH-NEIGHBORHOOD 8 IMPROVEMENT PLANS
City of Dublin
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. STREETWORK
1. 57,627 SF Finish grading street 0.40 $ 23,050
2. 41,614 SF Finish grading alley 0.40 $ 16,650
3. 41,355 SF Pavement Section (3"AC/12"AB)street 3.50 $ 144,740
4. 32,386 SF 100mm pavers over 1"-1.5"sand over 12"AB 8.00 $ 259,090
5. 6,965 SF 6" Flush concrete band (in motor court)over 12"AB 7.50 $ 52,240
6. 16,272 SF 4"AB under curb,gutter,sidewalk,driveway-street 0.72 $ 11,720
7. 4,422 SF 4"AB curb and gutter-alley 0.72 $ 3,180
8. LUMP SUM Signing&Striping 10,000.00 $ 10,000
9. 3,055 LF 4" PVC Gutter sub drain 9.50 $ 29,020
10.4 EA Standard City of Dublin street monuments 300.00 $ 1,200
ESTIMATED TOTAL STREET WORK: 550,890
B. CONCRETE WORK
1. 2,600 LF Rolled curb&Gutter 20.00 $ 52,000
2. 1,230 LF Standard Curb and Gutter 15.00 $ 18,450
3. 1,274 LF Spill curb and gutter 15.00 $ 19,110
4. 12,694 SF 4"Concrete Sidewalk 15.00 $ 190,410
5.8 EA Curb Inlet(street) 4,200.00 $ 33,600
6. 20 EA Curb inlet(alley)5,000.00 $ 100,000
7.7 EA Connect to existing 1,500.00 $ 10,500
ESTIMATED TOTAL CONCRETE WORK: 424,070
C. STORM DRAIN WORK
1. 1,173 LF 18" HDPE Storm drain pipe 45.00 $ 52,790
2. 675 LF 15" HDPE Storm drain pipe 40.00 $ 27,000
3. 1,969 LF 6" HDPE Storm drain pipe 25.00 $ 49,230
ESTIMATED TOTAL STORM DRAIN WORK: 129,020
D. ELECTRICAL/JOINT TRENCH
1. 9 EA Single arm"Decorative"electrolier including conduit&boxes 3,500.00 $ 31,500
3. 3,100 LF Joint Trench (length of improvements) 60.00 $ 186,000
ESTIMATED TOTAL ELECTRICAL WORK: 217,500
E. GRADING
1. 139 EA Finish lot grading 400.00 $ 55,600
19604 Neighborhood 8 Bond est-Dublin-.xls Page 1 of 3
4.3.b
Packet Pg. 43 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
19604-080
Revised 09/02/2015
2. 1 LUMP Erosion control 20,000.00 $ 20,000
ESTIMATED TOTAL GRADING WORK:75,600
F. MISCELLANEOUS CONSTRUCTION
1. 1,390 LF 6"irrigation sleeves 12.00 $16,680
2. 1 LUMP Landscaping/Irrigation 50,000.00 $50,000
ESTIMATED TOTAL MISC.CONSTRUCTION: 66,680
19604-Neighborhood 8 Bond est-Dublin-.xis Page 2 of 3
4.3.b
Packet Pg. 44 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
19604-080
Revised 09/02/2015
SUMMARY
A STREETWORK 550,890
B CONCRETE WORK 424,070
C STORM DRAIN WORK 129,020
D ELECTRICAUJOINT TRENCH 217,500
E GRADING 75,600
F MISCELLANEOUS CONSTRUCTION 66,680
ESTIMATED IMPROVEMENT COST: 1,463,760
CONTINGENCY(10%) 146,376
ENGINEERING FEE(8%) 117,101
TOTAL BOND ESTIMATE:1,727,237
NOTES
1.This estimate is prepared as a guide only and is subject to possible change. It has been prepared to
a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our
understanding of the purposes of this estimate. MacKay&Somps makes no warranty, either
expressed or implied, as to the accuracy of this estimate.
Prepared by the firm of
MACKAY&SOMPS
19604 Neighborhood 8 Bond est-Dublin-.xis Page 3 of 3
4.3.b
Packet Pg. 45 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
A W°
DATE MMlDD/YYl'Y)
CERTIFICATE OF LIABILITY INSURANCE 11/30/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Cheryl Beeson
BB&T-Tanner Insurance Services A//CC.N .Exn:925-463-9672
FAX
No):
4480 Willow Road E-MAIL
Pleasanton CA 94588 ADDRESS:bwalters5bbandt.com
INSURER(S)AFFORDING COVERAGE NAIL#
INSURER A:Gemini Insurance Company 42374
INSURED 307THWR8 INSURER B:Houston Casualty Company 13604
TH WR 8 Venture LLC INSURER C:Navigators Insurance Company 42307
c/o Trumark Companies, LLC INSURER D:
See DOO for complete Named Insured Listing
4185 Blackhawk Plaza Circle#200 INSURER E:
Danville CA 94506 INSURER F:
COVERAGES CERTIFICATE NUMBER:1875150207 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY) (MM/DD/YYYY) LIMITS
A GENERAL LIABILITY Y Y VCGP022044 11/13/2015 11/13/2019 EACH OCCURRENCE 2,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $Excluded
CLAIMS-MADE X I OCCUR MED EXP(Any one person) $Excluded
X Ded.25,000 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
POLICY X PRR-F LOC
CCOMBINED SINGLE LIMI
AUTOMOBILE LIABILITY Ea accident)
ANY AUTO
BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIRED AUTOS
NON-OWNED PROPERTY DAMAGE
Per accident)
B UMBRELLA LIAB OCCUR H15XC5053300 11/13/2015 11/13/2019 EACH OCCURRENCE 8,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE 8,000,000
DED RETENTION$
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS'LIABILITY YIN
TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
N/A
E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
C 2nd Layer Excess LA15EXC859700IC 11/13/2015 11/13/2019 Ea.OCC/Aggregate $10,000,000
B 3rd Layer Excess 1000015356 11/13/2015 11/13/2019 Ea.OCC/Aggregate $15,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE: 6582 Tassajara Road—West Side of Tassajara Road at Silvera Ranch Drive, Dublin, CA 94588
Named Insured Includes: TH WR-8 Venture, LLC; TH WR-8 Investors, LLC; Trumark Homes, LLC; Trumark Construction Services, Inc.;
Trumark Companies, LLC; GTIS Wallis Ranch Aggregator, LLC; GTIS US Residential Strategies Fund II, LP; GTIS Partners, LP
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Dublin ACCORDANCE WITH THE POLICY PROVISIONS.
100 Civic Plaza
Dublin CA 94568 AUTHORIZED REPRESENTATIVE
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
4.3.b
Packet Pg. 46 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
AGENCY CUSTOMER ID: 307THWR8
LOC#:
ACCPRIft
A
ADDITIONAL REMARKS SCHEDULE Page 1 of 1
GENCY NAMED INSURED
BB&T-Tanner Insurance Services TH WR 8 Venture LLC
do Trumark Companies, LLC
POLICY NUMBER See DOO for complete Named Insured Listing
4185 Blackhawk Plaza Circle#200
CARRIER NAIC CODE Danville CA 94506
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
1st Layer Excess: $8 Million in excess of$2 Million
2nd Layer Excess: $10 Million in excess of$10 Million
3rd Layer Excess: $15 Million in excess of$20 Million
Total=$35 Million
Certificate Holder is included as Additional Insured to the General Liability policy afforded, as required by written contract, per the attached
Endorsement form CG20120413.Waiver of Subrogation applies to General Liability policy per endorsement form CG24040509 and this
insurance is Primary and Non-Contributory per attached VE05410113
The attached forms apply as required per written contract or agreement between the listed parties and the insured,which are subject to the
policy provisions. In the absence of such written contract or written agreement the attached forms may not be applicable.
RE: Site Work-N8 Certificate of Insurance
ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
4.3.b
Packet Pg. 47 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
Policy: VCGP022044 CG 20 12 04 13
Insured Name:TH WR-8 Venture,LLC
Number: 23 Effective Date: 11/13/2015
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
Any person or organization when you and such person or organization have agreed in writing in a
contract,prior to an occurrence that causes "bodily injury", "property damage" or "personal and
advertising injury", that such person or organization be added as an additional insured on your policy.
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
A. Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or
subdivision or political subdivision shown in the Schedule,subject to the following provisions:
1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or
governmental agency or subdivision or political subdivision has issued a permit or authorization.
However:
a. The insurance afforded to such additional insured only applies to the extent permitted by law; and
b. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to
such additional insured will not be broader than that which you are required by the contract or agreement to
provide for such additional insured.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or"personal and advertising injury"arising out of operations performed for
the federal government,state or municipality;or
b. "Bodily injury"or"property damage" included within the "products-completed operations hazard".
B. With respect to the insurance afforded to these additional insureds,the following is added to Section III—Limits Of
Insurance:
If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of
the additional insured is the amount of insurance:
1. Required by the contract or agreement;or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
CG 20 12 04 13 1 of 1
4.3.b
Packet Pg. 48 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
Policy:VCGP022044 CG 20 10 04 13
Insured Name: TH WR-8 Venture, LLC
Number: 26 Effective Date: 11/13/2015
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization when you and such All locations for which you and the additional
person or organization have agreed in writing in a insured have agreed in writing in a contract prior
contract,prior to an occurrence that causes "bodily to an occurrence that causes "bodily injury",
injury", "property damage" or "personal and property damage" or "personal and advertising
advertising injury", that such person or organization injury".
be added as an additional insured on your policy.
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in
the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions;or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law;and
2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to"bodily injury"or"property damage"occurring after:
1. All work, including materials,parts or equipment furnished in connection with such work,on the project(other than
service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the
covered operations has been completed; or
CG 20 10 04 13 1 of 2
4.3.b
Packet Pg. 49 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
Policy Number: CG 24 04 05 09
Insured Name: TH WR-8 Venture, LLC
Number: Effective Date: 12/01/2015
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
SCHEDULE
Name Of Person Or Organization:
Any person or organization when you and such person or organization have agreed in writing in a contract,prior to
an occurrence that causes"bodily injury","property damage"or"personal and advertising injury",that you would
provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of
Section IV— Conditions:
We waive any right of recovery we may have against the person or organization shown in the Schedule
above because of payments we make for injury or damage arising out of your ongoing operations or"your
work" done under a contract with that person or organization and included in the "products-completed
operations hazard". This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 05 09 Page 1 of 1
4.3.b
Packet Pg. 50 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
Policy:VE 0541 01 13
Insured Name: TH WR-8 Venture,LLC
Number:Effective Date: 12/01/2015
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF OTHER INSURANCE -
NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
SECTION IV—COMMERCIAL GENERAL LIABLITY CONDITIONS,4. Other Insurance paragraph a.Primary
Insurance is deleted and replaced by the following:
a. Primary Insurance
This insurance is primary except when b.below applies. If this insurance is primary,our obligations are not affected
unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method
described in c.below.
However, with respect to Named Insureds only, and except when b. below applies, we will not seek contribution
from any other Commercial General Liability insurance available to you where you are also a Named Insured.
All other terms and conditions of this Policy remain unchanged.
VE 0541 01 13 1 of 1
4.3.b
Packet Pg. 51 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
r- .r
DATE(MMIDD/YYYY)
AO O CERTIFICATE OF LIABILITY INSURANCE 11!30/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONT
PRODUCER
NAMEACT
Tiffany Purcell
BB&T-Tanner Insurance Services a//c°,NN.Exu:925-598-2675 FAX No:888-770-1945
4480 Willow Road
AI
E-MAIL
SS:tmpurcell(c bbandt.comPleasantonCA94588
INSURER(S)AFFORDING COVERAGE NAIL# i
INSURER A:Hanover Insurance Company 22292 I
INSURED INSURER B:
1
Trumark Companies, LLC INSURER C:
Adam Browne INSURER D:
4185 Blackhawk Plaza Circle#200
INSURER E
Danville CA 94506
INSURER F:
COVERAGES CERTIFICATE NUMBER:1081011839 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY) (MM/DDIYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $
CLAIMS-MADE OCCUR MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
RO-7 POLICY JECT LOC
A AUTOMOBILE LIABILITY AWFA63794000 5/20/2015 5/20/2016 (s
CO aBINEDit)ac )
LIMI I $
1,000,000
X ANY AUTO
BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY
X HIRED AUTOS X
AUTOS
Per accident)
UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION
WC STATU- 'OTH-
AND EMPLOYERS'LIABILITY
TORY LIMITS ER i
ANY PROPRIETOR/PARTNER/EXECUTIVE
Y/N
N/A
E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE: N8 Certificate of Insurance l
Named Insured Includes: Trumark Companies, LLC, Trumark Homes, LLC,Trumark Urban, LLC, Trumark Construction Services, Inc., and
Trumark Commercial, LLC
The CITY, its officers, agents, officials,employees and volunteers is named as an Additional Insured with respects to Auto Liability per the
attached endorsement form 461-0478 12 12.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Dublin ACCORDANCE WITH THE POLICY PROVISIONS.
100 Civic Plaza
Dublin CA 94568 AUTHORIZED REPRESENTATIVE
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
I
4.3.b
Packet Pg. 52 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
0
r„•
Hanover
Insurance croup_
AWFA637940 5701076
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
A. The following is added to SECTION II - Primary and Non-Contributory
LIABILITY COVERAGE, Paragraph A.1. Who Is If you agree in a written contract, written
An Insured: agreement or written permit that the insurance
Additional Insured if Required by Contract provided to a person or organization who
If you agree in a written contract, written
qualifies as an additional "insured” under
agreement or written permit that a person or SECTION II - LIABILITY COVERAGE, Paragraph
organization be added as an additional
A.1. Who Is An Insured, subparagraph
insured" under this Coverage Part, such Additional Insured if Required by Contract is
person or organization is an "insured"; but only primary and non-contributory, the following
to the extent that such person or organization
applies:
qualifies as an "insured" under paragraph A.1.c. The liability coverage provided by this Coverage
of this Section. Part is primary to any other insurance available
If you agree in a written contract, written
to the additional "insured" as a Named Insured.
agreement or written permit that a person or We will not seek contribution from any other
organization be added as an additional
insurance available to the additional "insured"
insured" under this Coverage Part, the most
except:
we will pay on behalf of such additional 1) For the sole negligence of the additional
insured" is the lesser of: insured"; or
1) The Limits of Insurance for liability coverage 2) For negligence arising out of the ownership,
specified in the written contract, written maintenance or use of any "auto" not owned
agreement or written permit; or by the additional "insured" or by you, unless
2) The Limits of Insurance for Liability that "auto" is a "trailer" connected to an
Coverage shown in the Declarations auto" owned by the additional "insured" or
applicable to this Coverage Part. by you; or
Such amount shall be part of and not in addition
3) When the additional "insured" is also an
to the Limits of Insurance shown in the additional "insured" under another liability
Declarations applicable to this Coverage Part. policy.
Regardless of the number of covered "autos", C. This endorsement will apply only if the
insureds", premiums paid, claims made or accident" occurs:
vehicles involved in the "accident", the most we 1. During the policy period;will pay for the total of all damages and
covered pollution cost or expense" combined 2. Subsequent to the execution of the written
resulting from any one "accident" is the Limit of contract or written agreement or the
Insurance for Liability Coverage shown in the issuance of the written permit; and
Declarations. 3. Prior to the expiration of the period of time
B. The following is added to SECTION IV - that the written contract, written agreement
BUSINESS AUTO CONDITIONS, Paragraph B. or written permit requires such insurance to
General Conditions, subparagraph 5. Other be provided to the additional "insured".
Insurance: D. Coverage provided to an additional "insured"
will not be broader than coverage provided to
any other"insured" under this Coverage Part.
ALL OTHER TERMS,CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
461-6478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc.,with its permission Page 1 of 1
4.3.b
Packet Pg. 53 Attachment: 2. Tract Improvement Agreement for Tract 8169 (Notice of City Engineer's Pending Decision on Improvement Agreement
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
National Night Out Proclamation
Prepared by: Nate Schmidt, Captain Dublin Police Services
EXECUTIVE SUMMARY:
The City Council will proclaim Tuesday, August 6, 2019 as National Night Out.
Sponsored by the National Association of Town Watch, the annual National Night Out
campaign began in 1984 as an effort to promote involvement in crime prevention
activities, police- community partnerships, neighborhood camaraderie and building safer
communities.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On August 7, 1984, the concept of National Night Out, "America's Night Out Against
Crime," began to promote involvement in crime prevention activities, police -community
partnerships, neighborhood camaraderie and to send a message to criminals letting
them know that neighborhoods are organized and fighting back.
In 1992, the City of Dublin joined in the celebration of National Night Out. The Dublin
community participates in the traditional " lights on" campaign where front porch lights
are left on as a symbol to criminals that the community is vigilant and watching ou t for
each other. Each year, a growing number of residents come together as a community
on National Night Out to promote awareness and celebrate with activities including, but
not limited to, block parties, visits from elected officials, city staff, and pu blic safety in
effort to heighten awareness and enhance community relations.
On Tuesday, August 6, 2019, the City is asking as many residents as possible to
celebrate National Night Out with their neighbors. The goal is to remind everyone that
4.4
Packet Pg. 54
Page 2 of 2
the Dublin community can work together to fight crime and help make all neighborhoods
a safer place year-round.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. National Night Out Proclamation 2019
4.4
Packet Pg. 55
A PROCLAMATION OF THE CITY COUNCIL
CITY OF
D U B L I N, C A L I F O R N I A
WHEREAS, the National Association of Town Watch (NATW)is sponsoring a unique, nationwide crime, drug and
violence prevention program on August 6, 2019 called “National Night Out”; and
WHEREAS, the “36th Annual National Night Out” provides a unique opportunity for the City of Dublin to join forces
with thousands of other communities across the country in promoting cooperative, police-community crime prevention
efforts; and
WHEREAS, the Neighborhood Watch program play a vital role in assisting Dublin Police Services through joint crime,
drug and violence prevention efforts in the City of Dublin and are supporting “NATIONAL NIGHT OUT 2019” locally;
and
WHEREAS, it is essential that all citizens of the City of Dublin be aware of the importance of crime prevention
programs and the impact that their participation can have on reducing crime, drugs, and violence in the City of Dublin;
and
WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes
of the “NATIONAL NIGHT OUT” program; and
NOW, THEREFORE we, the Dublin City Council, do hereby call upon all citizens of the City of Dublin to join Dublin
Police Services, the National Association of Town Watch in supporting the “36th Annual National Night Out” on
August 6, 2019.
FURTHER, LET IT BE RESOLVED that we, the Dublin City Council, do hereby proclaim Tuesday, August 6, 2019 as
“NATIONAL NIGHT OUT” in the City of Dublin.
DATED:
_______________________ _________________________
Mayor David Haubert Vice Mayor Melissa Hernandez
________________________ _______________________ __________________________
Councilmember Arun Goel Councilmember Jean Josey Councilmember Shawn Kumagai
4.4.a
Packet Pg. 56 Attachment: 1. National Night Out Proclamation 2019 (National Night Out Proclamation)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Dog Park Replacement Art Selection
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
The City Council will consider replacement art for the Dougherty Hills Dog Park.
STAFF RECOMMENDATION:
Approve the public art design by Tellart for the Dougherty Hills Dog Park.
FINANCIAL IMPACT:
The adopted Capital Improvement Project budget for Dougherty Hills Dog Park
Replacement Art (PK0219) is $26,680, including $20,000 for improvements (payment to
artist). The funding source is the Public Art Fund. Both design proposal budgets
encompass the full $20,000 budget.
DESCRIPTION:
At its October 17, 2017 regular meeting, the City Council voted to deaccession Michele
Alcantara’s Animal Series sculptures at Dougherty Hills Dog Park and replace the
artwork with new artwork that will be better able to withstand environmental issues.
On May 1, 2019 the art selection committee consisting of Dublin residents Maria Duffey,
Gina Gabriell, Matthew Giller, Sammy Jo Rudy and Georgean VonHeeder -Leopold
heard design proposals from six artists (or artist teams) who submitted as part of an
open call. Artists were Colin Selig, Craig Gary, Nico and John Meyer, Joey Rose,
Amanda Pearman, and Tellart.
Committee members ranked the six submissions, with one being their first choice and
six being their last choice. In the initial ranking vote, proposals from Joey Rose and
Tellart were tied for first place.
After some discussion on the merits of each design, the committee held a tie -breaker
4.5
Packet Pg. 57
Page 2 of 3
vote, which Tellart won 3 to 2. However, because votes for the two designs were so
close, members of the committee agreed to forward both to the Heritage and Cultural
Arts Commission for a final decision.
Both proposed pieces were reviewed by the City’s contract art conservator and City
staff and based on these reviews, Staff concurred with the committee’s
recommendation - Tellart’s piece, Dogs of Dublin.
The Heritage and Cultural Arts Commission considered this item at its June 13, 2019
regular meeting and voted to advance the Tellart proposal, 4 -1, on a motion by Vice
Chair Kathy Blackburn, and seconded by Commissioner Steve Minniear, with
Commissioner Robert Bennett opposed and Commissioners Kit Lau and Sammy Jo
Rudy absent.
The Parks and Community Services Commission also considered this item at its June
17, 2019 regular meeting and voted unanimously to recommend the Tellart artwork, on
a motion by Commission Sameer Hakim, seconded by Student Representative Shaina
Goel.
Berkeley-based design studio Tellart, with lead artist Emily Leighton, has proposed to
conduct a community photo shoot at the dog park to gather silhouettes of actual Dublin
dogs, which will then be laser cut from steel, powder coated, and affixed to the chain
link fence that surrounds the dog park. The artwork would primarily be affixed to
outward facing surfaces in the front and on sides. (Attachment 1). Staff will work with
the artist to ensure the dogs are mounted high enough on the fence to protect them
from damage from the string mower.
Because Tellart will provide the City with digital files for each dog, and the dogs are
constructed and affixed to the fence in a manner similar to standard park signage, Staff
believes it will be relatively easy and low-cost to replace any individual dog cutouts that
become damaged.
Absent any deliberate or accidental damage, Tellart has estimated a likely a rt lifespan of
15 years. The art conservator has recommended the City may wish to classify this piece
as temporary art, to avoid the obligation to the artist of long -term maintenance. The City
could, of course, still choose to maintain temporary art to pro long the life of the piece.
Staff recommends that the City Council approve Tellart’s Dogs of Dublin design for
replacement artwork at the Dougherty Hills Dog Park.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Flyers announcing this meeting were posted at the Dougherty Hills Dog Park.
4.5
Packet Pg. 58
Page 3 of 3
ATTACHMENTS:
1. Tellart Public Art Proposal for Dougherty Hills Dog Park
4.5
Packet Pg. 59
About Tellart
Experience Design Studio
Dougherty Hills Dog Park
Art Proposal
Tellart is a collaborative group of artists and designers, founded in 2000. We are a
team of industrial + graphic designers, engineers, filmmakers + architects. Our work
aims to engage the world in new and transformative ways.
-
Tellart began its work as an information design consultancy, focused on providing
engaging visual explanations of complex phenomena and experiences. Today Tellart
draws its talent from cutting edge design and engineering graduates and faculty at
RISD, MIT, CIID, CCA among others.
--
Tellart’s craft comes from a strategic design approach and culture of continuous
experimentation. The commitment to high-level aesthetics evolves from a willingness
to embrace ambiguity in visualizing new artforms. This combination inspires the
creation of meaningful experiences by visualizing the invisible.
In 2016 Tellart received the National Design Award in Interaction Design. Bestowed by
the Cooper Hewitt, Smithsonian Design Museum, the Award celebrates outstanding
achievement in design through excellence, innovation, and enhancement of the quality
of life.
We have been awarded numerous top international prizes for our work including the
SXSW Experimental Award, Cannes Lions, Webby, Core77, D&AD Yellow Pencil and our
work is featured in the permanent collection of the Smithsonian Design Museum
4.5.a
Packet Pg. 60 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
EMILY LEIGHTON
Senior Designer
Exhibit Design Assistant
Research and Evaluation Assistant
Exhibit Development Intern
Educational Resources Intern
Curator,
Docent
Biography
Dougherty Hills Dog Park
Art Proposal
MDes, Interior Architecture
M.A., Museum Studies
B.A.,Visual Arts History and Criticism
4.5.a
Packet Pg. 61 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
BRIAN HINCH
Head of Production
Technology Director
Principal, Research and Development
Information Designer
Biography
Dougherty Hills Dog Park
Art Proposal
Bachelor of Fine Arts, Graphic Design
4.5.a
Packet Pg. 62 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
ZAZA ZUILHOF
Lead Designer,
Interaction Designer,
Interaction Designer,
Exhibition & Interaction Designer
Sterk Water Co-Founder,
Interaction Designer
Print Designer
Biography
Dougherty Hills Dog Park
Art Proposal
Master Level Interaction Design
Bachelor of Science Industrial Design
4.5.a
Packet Pg. 63 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Tellart 1 Crown Sky Garden, 2012
4.5.a
Packet Pg. 64 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Tellart 2 de Youngster’s Studio, 2018
4.5.a
Packet Pg. 65 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Tellart 3 Color Visualizer, 2014
4.5.a
Packet Pg. 66 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Tellart 4 Van Gogh Dreams, 2018
4.5.a
Packet Pg. 67 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Tellart 5 Teleportation Binoculars, 2013
4.5.a
Packet Pg. 68 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Tellart 6 Sound Affects, 2012
4.5.a
Packet Pg. 69 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Image 5: Teleportation Binoculars, 2013, Sydney Opera House, Installation
Tellart and Google Creative Lab created the Binoculars to celebrate the 40th
birthday of the Sydney Opera House—and its inscription to the UNESCO World
Heritage List. Tellart reinvented a timeless icon of street furniture, combining it with
Google's Street View technology to create surprising moments of teleportation.
Expecting a universally familiar tourist experience, visitors peering into the
binoculars were instead transported from where they stood to sister World Heritage
sites all over the world.
Image 6: Sound Affects, 2012, Parsons the New School of Design, Installation
SoundAffects translated the sensory overflow of a New York City street into a
serene audiovisual expression of a moment in time and space. A wall with embedded
sensors and lights observed its surroundings, harmonising yellow cabs with evening
rain and jackhammers. Viewers could plug into the active wall installation and be
transported to different parts of the city live through sound. The experiential effects
were one of harmonizing urban dwellers with the symphony of their own movement.
Budget information for all projects available upon request.
Image List
Image 1: Crown Sky Garden, 2012, Children’s Hospital, Chicago, installation
Interactive garden wall and benches offers a sanctuary for patients, families and staff
within this 23 story building. Built upon growing scientific research which links access
to natural spaces to reduced patient recovery time.
Image 2: deYoungster’s Studio, 2018, de Young Museum, Mixed Media Installation
Interactive children's space demonstrates the five principles of art making: Color,
Composition, Shape and Form, Texture and Sculpture. Tellart implemented this
exciting new experiential learning environment that will engage kids and adults alike.
Image 3: Color Visualizer, 2014, Cal. Academy of Sciences, Mixed Media Installation
Central feature for the Color of Life exhibit, creatively exploring the role of color in the
natural world. This interactive, multisensory installation invited visitors to discover
stories from the Academy's vast collection of 46 million scientific specimens,
highlighting the interconnectedness of life on Earth.
Image 4: Van Gogh Dreams, 2018, Van Gogh Museum, Mixed Media Installation.
Van Gogh Dreams is a narrative installation that brings the visitor from Paris to Van
Gogh’s residence in Arles. In five different spaces which the visitor can walk through,
the story of this turbulent period is told. This image shows one of the spaces featuring
custom glass sunflowers.
Dougherty Hills Dog Park
Art Proposal
4.5.a
Packet Pg. 70 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
References
Dougherty Hills Dog Park
Art Proposal
Sheila Pressley
Director of Education
de Young Museum
San Francisco, CA
Contact email: spressley@famsf.org
Contact phone 415-750-7641
Scott Moran
Director of Exhibit Design & Production
California Academy of Sciences
San Francisco, CA
Contact email: smoran@calacademy.org
Contact phone 415 379-5196
Joshua Horne
Director of BAD Studio
Richmond Arts Council Member
Richmond, CA
Contact email: josh@badstud.io
Contact phone: 510 859-5202
4.5.a
Packet Pg. 71 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Dougherty Hills Dog Park
Art Proposal
Rendering
The rendering only shows a small section of the
overall artwork. The actual work would include
life size silhouettes of 60 to 100 dogs.
4.5.a
Packet Pg. 72 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Narrative
Dogs of Dublin is a colorful and community-generated art piece. This work consists of
a series of brightly-colored silhouettes of dogs, including many who actually use the
park. The silhouettes will be arranged around the park’s existing perimeter fencing.
Their coloring would vary, following an ombre pattern inspired by the colors seen at
dusk over the park’s nearby hills. Between 50 and 100 life-sized silhouettes will be
installed along 100 to 200 feet of existing fence line.
We take inspiration from silhouette-making which gained prominence in the 18th
century, where portraits of people in profile were the main subject. However, this
tradition also included dogs. Augustin Edouart, one of the most famous silhouette
artists of the 19th century, included dogs among his portraits. The tradition of
silhouettes in artwork remains today, in artists like Kara Walker and William Kentridge
The actual silhouettes will be generated from photos taken of dogs who currently use
the park, using a generative algorithm we will manipulate these photos into the
ultimate forms seen in the artwork. We are excited to combine a traditional form,
creative technology and direct connection to the community.
Dougherty Hills Dog Park
Art Proposal
4.5.a
Packet Pg. 73 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Installation
Fabrication
Dougherty Hills Dog Park
Art Proposal
Generative
Algorithm
Artist manipulation
Community
photo shoot
Laser cutting Powder coating
Generative Design and Procedural Fabrication
Our community’s dog companions are many and varied; the park’s artwork should
reflect this. To this we bring our collective’s long-standing interest in the way
technology can empower creativity.
We would start by staging a community photo day at the park, where we would set up
our portable green screen rig. We would photograph every dog willing to volunteer for
the shoot and speak with the people in attendance about the project. Silhouettes are
then created from the photographs, which are added into a generative algorithm to
create many more silhouettes.
The shapes are then sent to the laser cutter, which, in turn, creates the final steel
forms. These steel forms then have their mounting hardware attached, and are moved
to powder coating. There, a permanent pigment finish is baked onto each piece,
completely sealing it from water and other damage. Finally, we move all of the
silhouettes to the park where we will install them along the fence line.
Fabricators: Laser cutting step is done at Seaport Stainless (Richmond, CA) and
powder coating step is done at Leon’s Powder Coating (Oakland, CA). We have worked
with both shops several times previously.
4.5.a
Packet Pg. 74 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Maintenance
Materials and finishes for the artwork have been selected specifically for their
durability. Maintenance, if any, should be similar to that of outdoor signage, such as
occasionally spray-down from a hose to remove mud.
The artwork is designed to survive being within reach of both dogs and humans. The
powder coating finish will withstand exposure to dog urine and normal landscape
upkeep products such as fertilizer.
Proposed installation procedure:
1.Two installers are needed to install one silhouette
2.First installer holds steel silhouette in desired position, with mounting clip
resting within one of the “diamonds” of the chain-link fence.
3.Second installer places retaining plate onto rear of bracket from other side
of fence
4.Second installer tightens two bolts using a portable driver
5.Proceed to next silhouette
Installation and Maintenance
Dougherty Hills Dog Park
Art Proposal
4.5.a
Packet Pg. 75 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
After installation, work covers approx. 4 ft. (h) x 100 ft. (w)
Materials
Silhouettes are 14 gauge cold-rolled carbon steel
Mounting hardware are commercial off-the-shelf brackets used for attaching signage
to chain link fence
Part Specifications
Individual silhouette sizes vary between large and small units:
Materials and Specifications
Finishes
Fasteners are galvanized steel exterior-grade sheet metal screws
Steel parts are finished with ASTM D3451-conformant powder coatings from Cardinal.
Dougherty Hills Dog Park
Art Proposal
PMS 2765 PMS 2617 PMS 7649 PMS 227 PMS 1805
PMS 1797 PMS 485 PMS 1655 PMS 144
9.6 in.43.2 in.
36 in.
Large Unit
10.8 in.
Small Unit
4.5.a
Packet Pg. 76 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Timeline + Budget
Dougherty Hills Dog Park
Art Proposal
Timeline:
May + June: Planning, Community
Photography day, generating algorithm, final
color specifications and layout.
July: Metal fabrication and painting
August: Installation (3 days)
Based on Art Council approval, timeline could
be shortened and implemented earlier.
Budget:
Item Cost
Steel and Fabrication $3,200
Powder Coating $1,500
Hardware $500
Interpretive Plaque $300
Photography $1,500
Design time + studio staff $3,200
Cut file preparation + pre-check $2,000
Field coordination $2,100
Project management $1,800
Installation Assistance $3,600
Transportation of artwork $300
Total $20,000
4.5.a
Packet Pg. 77 Attachment: 1. Tellart Public Art Proposal for Dougherty Hills
Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Establish Right-Of-Way Lines for Dublin Boulevard - North Canyons
Parkway Extension Project
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting a Resolution of Intention to establish the precise
alignment for the Dublin Boulevard - North Canyons Parkway Extension Project. The
proposed Project will extend Dublin Boulevard from its current terminus at Fallon Road
in Dublin to North Canyons Parkway in Livermore.
STAFF RECOMMENDATION:
Adopt the Resolution of Intention to Establish Precise Alignment for the Future Right-
Of-Way Lines for Dublin Boulevard between Fallon Road and the Eastern City Limit and
to Set a Public Hearing at 7:00 PM on August 20, 2019, to Hear Protests or Objections
to the Establishment of the Proposed Right-Of-Way lines for Dublin Boulevard.
FINANCIAL IMPACT:
As approved in the 2018-2023 Capital Improvement Program (CIP), the total estimated
cost of the Dublin Boulevard Extension – Fallon Road to North Canyons Parkway is
approximately $147.4 million, of which $97.1 million is estimated as the City of Dublin
share. Funding for Project costs will be shared between the City of Dublin and the City
of Livermore.
Through Fiscal Year 2019-2020, City Council has appropriated a CIP budget of
approximately $7.6 million from Measure BB Grants, Traffic Impact Fees, and R oad
Maintenance and Rehabilitation Account (SB -1) funds. Project funding also includes
$123,000 of funds from the City of Livermore . Current project funding is for the
preliminary engineering, environmental impact report, and initial design. After
completion of the preliminary engineering and environmental impact report, Alameda
County Transportation Commission (ACTC) will take the lead on project design. There
is no impact on the General Fund.
4.6
Packet Pg. 78
Page 2 of 4
DESCRIPTION:
Chapter 7.68 – Establishing Right-of-Way Lines of the Dublin Municipal Code (the
“Code”) allows for establishment of right-of-way lines for purposes of future roadway
extension, widening, or creation of space for future utilities, pedestrian pathways, fire
and police emergency access to property, and all public rights-of-way. The Code
requires the Planning Commission hold at least one (1) public hearing on any proposed
establishment of right-of-way lines. Upon completion of the hearing, the Planning
Commission shall submit its report and recommendation to the City Council.
On June 25, 2019, the Planning Commission conducted a public hearing and adopted
Resolution 19-05 (Attachment 3), recommending that the City Council adopt a
Resolution of Intention to establish precise alignment for the future R ight-Of-Way Lines
for Dublin Boulevard between Fallon Road and the Eastern City of Dublin Limit.
In accordance with State Planning and Zoning Law, a Planning local agency (Planning
Commission) must report on the conformity to the General Plan as to the location,
purpose and intent of the future right-of-way prior to the establishment of said right-of
way lines. Additionally, prior to creation of the right-of-way lines an environmental
analysis as per the California Environmental Quality Act (CEQA) must als o be
completed for the proposed right-of-way alignment.
On May 28, 2019, the Planning Commission adopted Resolution 19-03 (Attachment 1)
recommending the City Council certify the Dublin Boulevard - North Canyons Parkway
Extension Project Final Environmental Impact Report (FEIR). Attachment 2 contains a
link to the full FEIR. The Planning Commission also reviewed a General Plan (GP)
amendment and an Eastern Dublin Specific Plan (EDSP) amendment related to the
Dublin Boulevard Extension. The GP and EDSP amendments did not include any land
use changes, but instead proposed modifying the number of lanes on the Dublin
Boulevard Extension, from six-lanes for the entire length, to six-lanes from Fallon Road
to Croak Road and four lanes from Croak Road to the ci ty limit. City Council review of
the FEIR, the GP amendment, and the EDSP amendment is scheduled for August 20,
2019.
If City Council adopts the Resolution of Intention , a public hearing date of August 20,
2019, will be set. At the public hearing, City Council will hear public testimony, review
the proposed right-of-way lines, and then consider establishing the right-of-way lines by
ordinance. On this same public hearing date, City Council will also consider certifying
the FEIR, and approving GP and EDSP amendments.
ANALYSIS:
The establishment of Right-Of-Way Lines are intended to reserve sufficient right-of-way
for future road construction. Adoption of an ordinance to establish the Right-Of-Way
Lines will not result in the immediate acquisition of any property but will preclude
property owners from constructing structures within the right-of-way area.
The Code requires that City Council adopt a Resolution of Intention to establish right-of-
way lines (Attachment 4). The legal descriptions and plats (Exhibit A to Attachment 4)
for the proposed Right-Of-Way Lines show the right-of-way that will be required from a
4.6
Packet Pg. 79
Page 3 of 4
total of seven (7) properties. Out of these seven (7) properties, five (5) properties are
inside Dublin city limits (Table 1). The other two properties are in unincorporated
Alameda County.
TABLE 1. – Parcels with Dublin Blvd Extension Right-of-Way
Assessor’s Parcel
Number
Jurisdiction Right-of-Way Acquisition in square feet
(sf)
985-0027-002 Dublin 470,000 sf
905-0001-006-03 Dublin 125,000 sf
905-0001-005-02 Dublin 100,000 sf
905-0001-004-04 Dublin 90,000 sf
905-0001-004-03 Dublin 20,000 sf
905-0001-003-02 County 160,000 sf
905-0001-001-02 County 250,000 sf
Land Use:
Land use designations and density of development surrounding the proposed Dublin
Boulevard alignment are not modified through the proposed creation of the Right -Of-
Lines. The existing land uses in GP and EDSP will remain as they currently exist and
are shown in Figure 1 below. The proposed roadway extension abuts or crosses Open
Space, General Commercial, General Commercial/Campus Office, and Industrial Park
land uses.
FIGURE 1. General Plan Land Use
4.6
Packet Pg. 80
Page 4 of 4
ENVIRONMENTAL REVIEW:
The Planning Commission adopted Resolution 19 -03 (Attachment 1) on May 28, 2019,
recommending to the City Council Certification of the Dublin Boulevard - North Canyons
Parkway Extension Project Final Environmental Impact Report (FEIR) (Attachment 2).
This FEIR has fully analyzed the proposed Project including its footprint and the
proposed permanent Right-Of-Way Lines for Dublin Boulevard extension. Prior to
adopting an ordinance establishing the Right-Of-Way Lines for Dublin Boulevard, the
City Council will be requested to certify the FEIR for the Project. No additional
environmental analysis is required for the establishment of Right-Of-Way Lines.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report has been provided to all property owners abutting the future
extension of Dublin Boulevard east of Fallon Road.
ATTACHMENTS:
1. Planning Commission Resolution 19-03
2. Exhibit A to Attachment 1
3. Planning Commission Resolution 19-05
4. Resolution of Intention to Establish Precise Alignment for the Future Right Of Way
Lines for Dublin Boulevard Between Fallon Road and the Eastern City Limit
5. Exhibit A to Attachment 4
4.6
Packet Pg. 81
4.6.a
Packet Pg. 82 Attachment: 1. Planning Commission Resolution 19-03 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
4.6.a
Packet Pg. 83 Attachment: 1. Planning Commission Resolution 19-03 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
4.6.a
Packet Pg. 84 Attachment: 1. Planning Commission Resolution 19-03 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
4.6.a
Packet Pg. 85 Attachment: 1. Planning Commission Resolution 19-03 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
Due to the size of this document, please use link
below to view Attachment 2.
Dublin Blvd Ext. Final EIR with Attachments
4.6.b
Packet Pg. 86 Attachment: 2. Exhibit A to Attachment 1 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
RESOLUTION NO. 19-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO
ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE RIGHT-OF-WAY LINES FOR DUBLIN
BOULEVARD BETWEEN FALLON ROAD AND THE EASTERN CITY OF DUBLIN LIMIT
(APNs 985-0027-002, 905-0001-006-03, 905-0001-005-02, 905-0001-004-03, 905-0001-004-04)
WHEREAS, the City of Dublin (Dublin), in cooperation with the California Department of
Transportation (Caltrans), City of Livermore (Livermore), Alameda County Transportation
Commission (Alameda CTC) and Alameda County (County), proposes to extend Dublin Boulevard
from its current terminus at Fallon Road, approximately 1.5 miles eastward through eastern Dublin
and an unincorporated portion of the County, terminating at the boundary between the County and
Livermore city limits (Project); and
WHEREAS, the Project footprint within Dublin is approximately 18.5 acres generally
bounded by the eastern Dublin jurisdictional limit, Fallon Road, I-580, and Central Parkway (APNs
985-0027-002, 905-0001-006-03, 905-0001-005-02, 905-0001-004-03, 905-0001-004-04). The
remainder of the Project footprint is 10.5 acres and is located within Unincorporated County and
Livermore (APNs 905-0001-003-02, and 905-0001-001-02); and
WHEREAS, Dublin has proposed the establishment of Right -Of-Way Lines for Dublin
Boulevard in accordance with Municipal Code Chapter 7.68; and
WHEREAS, the affected segment of Dublin Boulevard is between Fallon Road and the
eastern Dublin limit; and
WHEREAS, the properties through which the proposed Right-Of-Way Lines pass are within
the boundary of the Eastern Dublin Specific Plan and therefore will be encompassed by, and
consistent with, the General Plan; and
WHEREAS, the City of Dublin Planning Commission held a public hearing on June 25, 2019
on the proposed establishment of the Right-Of-Way Lines, for which proper notice of the public
hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations, and testimony hereinabove as set forth; and
WHEREAS, the Right-Of-Way Lines are appropriate and compatible with the existing and
planned land uses and will not overburden public services ; and
WHEREAS, precise alignment for the future Right-Of-Way Lines will not have a substantial
adverse effect on safety or be substantially detrimental to the public welfare or be injurious to
property or public improvements; and
WHEREAS, Planning Commission adopted Resolution 19-03, dated May 28, 2019
recommending to the City Council Certification of a Final Environmental Impact Report (FEIR) for
the Project; and
4.6.c
Packet Pg. 87 Attachment: 3. Planning Commission Resolution 19-05 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
WHEREAS, to complete the Project, the alignment of the Right-of-Way Lines must be
extended beyond the eastern Dublin Limit into Unincorporated County and Livermore lands.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
recommend that City Council adopt a Resolution of Intention to establish Right -Of-Way Lines for
Dublin Boulevard from Fallon Road to the eastern City jurisdictional limit as depicted on the legal
descriptions and plats in Exhibit A.
PASSED, APPROVED, AND ADOPTED this 25th day of June 2019 by the following vote:
AYES: Thalblum, Benson, Wright
NOES:
ABSENT: Kothari, Mittan
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
Community Development Director
4.6.c
Packet Pg. 88 Attachment: 3. Planning Commission Resolution 19-05 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1
RESOLUTION NO. xx-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
_____________________________________________________
RESOLUTION OF INTENTION TO ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE
RIGHT OF WAY LINES FOR DUBLIN BOULEVARD BETWEEN FALLON ROAD AND THE
EASTERN CITY LIMIT
WHEREAS, the City of Dublin has proposed the establishment of Right-Of-Way lines for
Dublin Boulevard between Fallon Road and the Eastern City Limit (Project) in accordance with
the Municipal Code Chapter 7.68; and
WHEREAS, the Project has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA), and the Planning Commission adopted
Resolution 19-04 recommending that the City Council certify the Final Environmental Impact
Report for the Dublin Boulevard – North Canyons Parkway Extension Project; and
WHEREAS, a report and recommendation were prepared on behalf of the Public Works
Director and submitted to the Planning Commission, as required by Municipal Code Chapter
7.68, recommending that the Planning Commission recommend to the City Council adoption of
a Resolution of Intention to establish Right-Of-Way lines; and
WHEREAS, the Planning Commission, after hearing and considering all said reports,
recommendations and testimony at a public hearing on June 25, 2019, adopted Resolution 19-
05, recommending that the City Council adopt a Resolution of Intention; and
WHEREAS, the City Council intends to establish Right-Of-Way lines for Dublin
Boulevard as proposed between Fallon Road and the eastern City Limit;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts this
Resolution of Intention and calls for a public hearing pursuant to Sections 7.68.080 through
7.68.100 of the Dublin Municipal Code, at 7:00 p.m. on August 20,2019, in the City of Dublin
City Council Chambers, 100 Civic Plaza, Dublin, California, to hear protests and objections to
the establishment of the proposed Right-Of-Way lines as depicted on the legal descriptions
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Clerk is directed to post this Resolution of
Intention in accordance with Section 7.68.070 of the Dublin Municipal Code at least 10 days
before the public hearing.
4.6.d
Packet Pg. 89 Attachment: 4. Resolution of Intention to Establish Precise Alignment for the Future Right Of Way Lines for Dublin Boulevard Between Fallon
2
PASSED, APPROVED, AND ADOPTED this 16th day of July 2019 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
4.6.d
Packet Pg. 90 Attachment: 4. Resolution of Intention to Establish Precise Alignment for the Future Right Of Way Lines for Dublin Boulevard Between Fallon
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 1 of 4
LEGAL DESCRIPTION
EXHIBIT A
PROPOSED RIGHT OF WAY OF DUBLIN BOULEVARD EXTENSION
Real property situate in the partially in the City of Dublin and partially in the unincorporated area
of the County Alameda, State of California, described as follows:
Being a portion of the lands described in that certain Grad Deed to GH PacVest, LLC, filed on
June 15, 2017 as Document No. 2017130933, a portion of the lands described in that certain
Grant Deed to GH PacVest, LLC, filed on February 24, 2017 as Document No. 2017049324, a
portion of the lands described in that certain Grant Deed to Righetti Partners, LP, filed on March
12, 1992 as Document No. 92075343, a portion of the lands described in that certain Trustee’s
Deed Upon Sale to Town and Country H Fund, LLC, filed on January 6, 2011 as Document No.
2011006014, a portion of the lands described in that certain Grant Deed to Robert D. Branaugh,
filed on December 29, 2010 as Document No. 2010391422, and a portion of the lands described
in that certain Quitclaim Deed to the Sullivan/Crosby Trust, filed on January 23, 2006 as
Document No. 2006024088 which is also described in that certain Grant Deed to Livbor-Manning
LLC, filed on April 9, 2014 in Document No. 2014087294, all of Official Records of Alameda
County, more particularly described as follows:
COMMENCING at a City of Dublin standard monument at the intersection of Fallon Road and
Dublin Boulevard, said monument lying at the northerly terminus of the monument line described
as North 0°26’33” East, 1,150.00 feet on that certain Parcel Map 8734, filed on November 22,
2006 in Book 294 of Parcel Maps at Pages 19 and 20, in the Office of the County Recorder of
Alameda County;
Thence from said city monument South 57°41’21” East, 47.28 feet to the beginning of an
Engineer’s Station Line, Station 100+00.00 for the proposed Dublin Boulevard extension;
Thence along said Engineer’s Station Line South 89°29’34” East, 93.86 feet to the beginning of a
curve to the right having a radius of 1,850.00 feet;
Thence easterly along said curve through a central angle of 0°46’20”, an arc length of 24.93 feet
to the intersection with the easterly line of Fallon Road, said point being at Engineer’s Station
101+18.79, being also the POINT OF BEGNNING of this description;
Thence along said easterly line North 2°06'44" East, 110.25 feet to the beginning of a non-tangent
curve, concave South, having a radius of 1,967.00 feet, from said point a radial line bears South
2°12'08" West;
Thence leaving said easterly line along said curve, through a central angle of 7°39'15", an arc
length of 262.77 feet to the beginning of a compound curve, having a radius of 250.00 feet, from
said point a radial line bears South 9°51'22" West;
Thence Easterly along said curve, through a central angle of 9°30'46", an arc length of 41.51 feet;
Thence South 70°37'52" East, 41.62 feet to the beginning of a curve to the left, having a radius of
375.00 feet;
4.6.e
Packet Pg. 91 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 2 of 4
Thence easterly along said curve, through a central angle of 5°57'45", an arc length of 39.02 feet
to the beginning of a reverse curve, having a radius of 1,956.00 feet, from said point a radial line
bears South 13°24'23" West;
Thence southeasterly along said curve, through a central angle of 27°03'19", an arc length of
923.63 feet to the beginning of a reverse curve, having a radius of 1,918.00 feet, from said point
a radial line bears North 40°27'42" East;
Thence easterly along said curve lying parallel and 82.00 feet northerly of said Engineer’s Station
Line, through a central angle of 40°26'03", an arc length of 1,353.55 feet;
Thence South 89°58'21" East, 17.34 feet;
Thence along a line parallel and 100.00 feet northerly of said Engineer’s Station Line North
62°23'31" East, 38.81 feet;
Thence South 89°58'21" East, 69.84 feet;
Thence South 61°48'50" East, 36.02 feet;
Thence along a line parallel and 83.00 feet northerly of said Engineer’s Station Line South
89°58'21" East, 238.02 feet to the beginning of a curve to the right, having a radius of 275.00
feet;
Thence easterly along said curve, through a central angle of 9°13'48", an arc length of 44.30 feet;
Thence South 80°44'33" East, 40.69 feet to the beginning of a curve to the left, having a radius of
225.00 feet;
Thence easterly along said curve, through a central angle of 9°13'48", an arc length of 36.25 feet;
Thence along a line parallel and 70.00 feet northerly of said Engineer’s Station Line South
89°58'21" East, 2,040.71 feet to the beginning of a curve to the right, having a radius of 3,070.00
feet;
Thence easterly along said curve, through a central angle of 24°23'10", an arc length of 1,306.65
feet;
Thence South 65°35'11" East, 360.90 feet to the beginning of a curve to the left, having a radius
of 2,230.00 feet;
Thence easterly along said curve, through a central angle of 23°54'30", an arc length of 930.53
feet;
Thence South 89°29'40" East, 259.51 feet;
Thence North 58°07'26" East, 34.80 feet to the westerly line of Doolan Road;
4.6.e
Packet Pg. 92 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 3 of 4
Thence along said westerly line South 0°25'40" West, 88.64 feet to the intersection with said
Engineer’s Station Line at Station 182+15.06, said point being also North 75°43’58” West, 25.75
feet of a City of Livermore monument at the intersection of Doolan Road and N. Canyon
Parkway as shown on that certain Parcel Map 7640, filed on June 13, 2001 in Book 256 of Maps
at Pages 81 through 84, inclusive, in the Office of the County Recorder of Alameda County;
Thence leaving said point, and continuing along said line South 0°25'40" West, 87.61 feet;
Thence leaving said westerly line North 47°57'11" West, 41.63 feet;
Thence along a line parallel and 60.00 feet southerly of said Engineer’s Station Line North
89°29'40" West, 257.98 feet to the beginning of a curve to the right, having a radius of 2,360.00
feet;
Thence westerly along said curve, through a central angle of 23°54'30", an arc length of 984.78
feet;
Thence North 65°35'11" West, 360.90 feet to the beginning of a curve to the left, having a radius
of 2,940.00 feet;
Thence westerly along said curve, through a central angle of 24°23'10", an arc length of 1,251.32
feet;
Thence North 89°58'21" West, 2,400.18 feet;
Thence South 48°02'19" West, 41.66 feet;
Thence South 0°21'44" West, 12.13 feet;
Thence along a line parallel and 100.00 feet southerly of said Engineer’s Station Line North
89°58'21" West, 74.10 feet;
Thence North 53°39'17" West, 47.28 feet;
Thence along a line parallel and 72.00 feet southerly of said Engineer’s Station Line North
89°58'21" West, 8.99 feet to the beginning of a curve to the right, having a radius of 2,072.00
feet;
Thence westerly along said curve, through a central angle of 39°57'41", an arc length of 1,445.13
feet to the beginning of a reverse curve, having a radius of 1,778.00 feet, from said point a radial
line bears South 39°59'20" West;
Thence westerly along said curve, through a central angle of 38°07'45", an arc length of 1,183.23
feet;
Thence South 49°17'04" West, 39.49 feet to the easterly line of Fallon Road;
Thence along said easterly line North 2°06'44" East, 106.39 feet to the POINT OF
BEGINNING.
Containing an area of 26.365 acres, more or less.
4.6.e
Packet Pg. 93 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 4 of 4
END OF DESCRIPTION
As shown on plat attached hereto and by this reference made part hereof as Exhibit B.
For: BKF Engineers
_________________________
Davis Thresh, P.L.S. No. 6868
5/30/2019
Dated
4.6.e
Packet Pg. 94 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
FALLON ROADDOOLAN ROADI-580CROAK ROAD2
3
4
5 6 7 8
9
10 11
S
YE
V
R
U
RONAEDL
CEN S
LID
AINROFIACFO
E
T
T
A
LS 4.6.e
Packet Pg. 95 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
FALLON ROAD DUBLIN BLVD1"=100'
4.6.e
Packet Pg. 96 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 97 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 98 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
CROAK ROAD
1"=100'
4.6.e
Packet Pg. 99 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 100 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 101 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 102 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 103 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
1"=100'
4.6.e
Packet Pg. 104 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
DOOLAN ROAD
N. CANYONS PKWY1"=100'
4.6.e
Packet Pg. 105 Attachment: 5. Exhibit A to Attachment 4 (Establish ROW for Dublin Blvd Extension - Resolution of Intention)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Ordinance Amending Dublin Municipal Code Section 6.76 (Taxicabs) to
Comply with State Laws AB 1069 and AB 939
Prepared by: Lauren Quint, Assistant City Attorney
EXECUTIVE SUMMARY:
Assembly Bill 1069 (Chapter 753, Statutes of 2017) and Assembly Bill 939 (Chapter
472, Statutes of 2018) amended the state laws regarding local regulation of taxicabs.
The changes are intended to create a level playing field with “for-hire” ridesharing
companies. Previously, taxicab operators were subject to the local laws of each city in
which they operated, requiring licenses and fees for each jurisdiction where they
provided services. AB 1069 allows cities to regulate taxicabs only if the taxicab is
operated and substantially located within its jurisdiction. AB 1069 also imposes updated
requirements for safety, drug and alcohol testing and increased penalties for
noncompliance. AB 939 makes technical and clarifying changes to AB 1069. The
attached Ordinance conforms the City’s taxicab laws to AB 1069 and AB 939, and
makes additional revisions to reflect current City practices.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Ordinance Amending Dublin Municipal Code Section 6.76 regarding Taxicabs.
FINANCIAL IMPACT:
It is anticipated that the City’s revenue derived from taxicab permitting operations will
decline. Revenue from FY 2016/2017 and FY 2017/2018 was insignificant.
DESCRIPTION:
The State sets minimum regulations for taxicab companies and drivers, which local
jurisdictions must adopt into their ordinances. In October 2017, the State of California
enacted AB 1069, a bill that redirected regulatory authority for taxicabs from individual
cities and towns to counties and regional authorities, establishing a statewide regulatory
scheme for driver eligibility and vehicle safety by amending Section 53075.5 of the
Government Code, adding sections 53075.51, 53075.52 and 53075.53 of the
Government Code, and amending Section 1808.1 of the Vehicle Code. In September
4.7
Packet Pg. 106
Page 2 of 3
2018, the State of California enacted AB 939 to clarify portions of AB 1069. These laws
took effect on January 1, 2019.
Previously, state law required every city or county to adopt a resolution or ordinance
regarding taxicab transportation service. Taxicab companies and drivers were subject to
the local laws of each city in which they operated, requiring licenses and fees for each
jurisdiction where they provided taxicab services. This model created barriers for market
entry and made it difficult for taxicab companies to compete with other for -hire modes of
transportation.
AB 1069 creates a new regional regulatory scheme throughout the state. (Currently,
Alameda County does not have an established regional taxicab permitting authority.) In
the absence of a regional authority, these new laws will require a taxicab company to
obtain a permit only in the jurisdiction (s) in which it is substantially located. A taxicab
company is considered substantially located in a city if that company’s primary business
address is located within the city, or if the majority of the company’s rides originate
within the city. The law will also allow for the assessment of a minimum fine of $5,000
for unpermitted taxicab operations.
The attached proposed revisions to Section 6.76 of the Dublin Municipal Code
implement changes required by AB 1069 and AB 939, and make additional changes to
reflect current City practices. Key changes include:
Adding definitions and modifications to require a taxicab company to only obtain
a permit in jurisdictions in which they are “substantially located,” as defined by
state law
Modernizing communication requirements to allow a driver to use online
applications and the Internet to advertise rates and fares
Adding additional safeguards to protect the health and safety of the public,
including provisions regarding insurance, inspections, revocation or suspension
of permits, mandatory drug and alcohol testing of taxicab drivers, and
prohibitions on refusal of service for discriminatory purposes
Updating the required contents and procedures for permit applications, and the
standards and requirements f or taximeters
Adding administrative fines for operating without a permit or in violation of the
City’s regulations
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
4.7
Packet Pg. 107
Page 3 of 3
ATTACHMENTS:
1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal
Code Relating to Taxicabs
4.7
Packet Pg. 108
ORDINANCE NO. __ - 19
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 6.76
OF THE DUBLIN MUNICIPAL CODE RELATING TO TAXICABS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1: Section 6.76 of the Dublin Municipal Code is hereby deleted in its entirely and
replaced with the following:
Chapter 6.76
TAXICABS
6.76.010 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following
meanings:
“City” shall mean the city of Dublin.
“Chief of Police” shall mean the Chief of Police of Dublin or his or her designee.
“Company” means a passenger-for-hire business either based in the city or elsewhere whose
business activity includes picking up any passengers in the city by on-demand requests, a radio
dispatched service, or referral which results in charging the passenger by metered time and/or
distance to a destination identified by the hiring passenger for an exclusive ride. Such taxi
services are a business that is required to be licensed under this chapter. Taxi services which
have picked up passengers outside of the city and delivered the passengers to a location within
the city are excluded from the licensing requirements under this chapter. “Exclusive ride” as it is
referred to in this section does not preclude a passenger from directing the taxicab driver to pick
up additional passengers en-route to a destination and incurring the additional metered time
and/or distance that would be required.
“Division of Measurement Standards” means the st ate agency charged with and responsible for
ensuring the accuracy of commercial weighing and measuring devices.
“Driver” means every person in direct and immediate possession of, in charge of, or operating a
taxicab.
4.7.a
Packet Pg. 109 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
“Owner” means every person, firm, partnership, association or corporation having proprietary
use, ownership or control of any taxicab or fleet of taxicabs.
“Prearranged trip” means a trip using an online enabled application, dispatch, or Internet web
site. A company may provide prearranged trip s anywhere within the county in which it has
obtained a permit.
“Sole proprietor” means an independent, self -employed driver whose business is substantially
located in the city and who obtains a permit from the city without employing additional drivers.
“Substantially located” means either the jurisdiction where a company maintains its primary
business address, or the jurisdiction where the largest share of prearranged and non -
prearranged trips originates, as defined in Government Code Section 53075.5. “Sub stantially
located” shall also mean, for companies establishing a new operation after January 1, 2019, the
jurisdiction where a company has its primary business address for the first twelve months of
operation. A company or driver may be substantially located in more than one jurisdiction.
“Taxicab” means and includes all motor vehicles engaged in the business of transporting
passengers for hire on the streets of the city, irrespective of whether such operations extend
beyond the boundary limits of the city; such vehicles being designed for carrying not more than
eight persons, excluding the driver; and not operating on regular schedules and over regularly
established routes. Specifically excluded from the definition of “taxicab” are vans or other
vehicles providing transportation for the handicapped, operated by nonprofit social service
organizations.
“Taximeter” means a device attached to or utilized by a taxicab, by means of which device the
authorized charge for hire of such vehicle is mechanically calcul ated on the basis of distance
traveled, or for waiting time, or a combination of both, which charges shall be indicated upon by
means of figures in dollars and cents.
6.76.020 Insurance required.
A. It is unlawful for any owner to drive, operate, or cau se or permit to be driven or operated,
any taxicab in the city without maintaining ability to respond in damages as required by Section
16500 of the Vehicle Code.
B. It is unlawful for an owner or driver to operate a taxicab unless there is in full forc e and
effect a commercial automobile insurance policy, executed by an insurance carrier authorized to
conduct business in the state of California and with an A.M. Best rating of at least A:VII,
4.7.a
Packet Pg. 110 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
whereby the owner and driver of each of the taxicabs operated under the permit are insured
against liability for damage to property and for injury to or death of any person as a result of the
ownership, operation or other use thereof. The minimum liability limits upon each such vehicle
shall not be less than one million dollars combined single limit for bodily injury to or death of any
persons and for damages to or destruction of property in any one accident. Such policy of
insurance shall contain an endorsement providing that the policy shall not be canceled or
materially modified until notice in writing has been given to the city, addressed to the Chief of
Police, at least thirty days immediately prior to the time such cancellation becomes effective.
Further, such policy of insurance shall name the city, its officers, agents and employees as
additional insured by separate endorsement. Any deviations from these requirements must be
approved in writing by the city. Additionally, a vehicle owner and driver shall indemnify, defend
and hold harmless the city, its officers, agents and employees from claims arising from or
alleged to arise from the negligence of the vehicle owner or driver.
6.76.030 Taximeter requirements.
It is unlawful for any owner or driver to operate any taxicab in the city unless and until such
vehicle is equipped with a taximeter. A company may use any device or technology approved by
the Division of Measurement Standards to calculate fares, including the use of global
positioning system metering, provided that the device or technology complies with Sec tion
12500.5 of the Business and Professions Code and all regulations established pursuant to
Section 12107 of the Business and Professions Code. It shall be the duty of every owner
operating a taxicab to maintain such taximeter in good serviceable conditi on so that it will at all
times correctly indicate the correct charge for the distance traveled and waiting time. Every
taximeter shall be equipped so as to register the cost of transportation of passengers in the city,
and the taximeter shall be so placed in the taxicab that the reading dial showing the amount to
be charged may be readily seen by the passengers in the taxicab. The owner shall cause such
taximeter to be inspected annually by the Alameda County Sealer of Weights and Measures,
and shall timely submit a report of such inspection to the Chief of Police. The Chief of Police is
hereby authorized at his or her instance or upon complaint of any person, to investigate or
cause any taximeter to be investigated, and upon discovery of any inaccuracy in such taximeter,
to suspend the permit for operation of the taxicab in which it was installed, until the Chief of
Police determines such taximeter has been correctly adjusted.
4.7.a
Packet Pg. 111 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
6.76.035 Inspection required.
A. Every vehicle operating with a city permit pursuant to this chapter shall be presented by
the owner or driver to the Chief of Police for inspection once a year on or before the first day of
March to ensure that the vehicle is maintained in a safe operating condition, and in compliance
with the Vehicle Code. All vehicles added to the fleet of any permit intended to be operated
under the permit shall be brought to the city police department for inspection prior to use in the
fleet by the owner or driver.
B. It is unlawful for any owner or driver of any taxicab operated in the city to interfere with or
prohibit any public safety officer of the city or any person designated by the Chief of Police from
at any time inspecting or thoroughly examining any such taxicab or any taximeter used upon
any taxicab.
6.76.040 Schedule of rates—Customer receipts.
A. Taxicab owners permitted by this chapter shall at all times keep on file with the Chief of
Police an up-to-date schedule of rates of fares charged for carrying passengers and it shall be
unlawful to charge other than the schedule of rates of fares, surcharges or excess mileage
charges filed with the Chief of Police.
B. The driver of any taxicab shall give a receipt, upon request of any passenger, for the fare
paid by such passenger.
6.76.050 Owner’s identification and rates—Display requirements and Fare Disclosure.
A. The company shall notify the passenger of the applicable rate prior to the passenger
accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of
the vehicle, within an application of a mobile telephone, device, or other Internet -connected
device, or it may be clearly visible in either print or electronic form inside the taxicab.
B. The company shall disclose fares, fees, or rates to the customer, and may sat isfy this
requirement by disclosing fares, fees, or rates on its Internet web site, mobile telephone
application, or telephone orders upon request by the customer.
6.76.055 Maintenance of records.
Each permit owner shall maintain accurate records relating to the ownership and registration of
any of the permit owner’s vehicles which it operates under the permit. If the permit owner adds
any vehicles to its operations under the permit other than those which it has listed in its
4.7.a
Packet Pg. 112 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
application, pursuant to Section 6.76.070(A)(7), the permit owner shall, prior to placing the
vehicle into service in Dublin, inform the Chief of Police in writing of such vehicle’s acquisition or
transfer to its operations under the Dublin permit and shall give the date upon which such
vehicle will be put into service under the permit, and all other information required under this
chapter as well as any other information requested by the Chief of Police related to such
vehicle, its ownership, or use in the permit owner’s business operations. The permit owner shall
also keep accurate records on any vehicles listed in its application, or later acquired, which it
removes from service under the permit, including dates of such removal, disposition of the
vehicle and details of any transfer of ownership, together with copies of all documents related to
such transfer. Prior to the start of the next calendar year quarter after the removal of a vehicle
from service under the permit, the permit owner shall inform the Chief of Police in writing of that
fact, and furnish any related information required by the Chief of Police.
6.76.060 Permits—Required.
A. It is unlawful for any owner or driver who is substantially located in the city to operate in the
city unless the owner thereof applies for, and obtains a permit in writing from the Chief of Police
to do so, which permit shall be nonexclusive and shall be applied for, granted, and in effect, all
in compliance with the provisions of this chapter.
B. All owners and drivers shall collect data to determine in what jurisdictions each owner and
driver are substantially located. Beginning January 1, 2019, data for prearranged and non -
prearranged trips collected in the previous twelve months shall be provided upon application or
date of renewal to the city for any owner or driver that is substantially located in the city.
C. Any owner or driver who changes from being substantially located in another jurisdiction to
being substantially located in the city shall provide the city with six months' notice prior making
that change.
D. Any owner or driver who establishes a new taxi operation after January 1, 2019 shall be
considered substantially located in the city if the owner or driver maintains its primary business
address in Dublin. After the first year of operation, the owner or driver shall submit and the city
shall review all data collected in the previous twelve months to determine where the taxicab
owner or driver is substantially located.
4.7.a
Packet Pg. 113 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
6.76.070 Owner’s permit—Application.
A. The application for such owner’s permit shall be verified under oath by the applicant, and
shall set forth:
(1) A full identification of the applicant, relevant business information, and all persons
to be directly or indirectly interested in the permit, if granted;
(2) The residence and business address, including all members of any firm or
partnership, or all officers and directors of any corporation applying;
(3) The location of the proposed business for which the permit is requested, and the
name of the owner and the present use of such premises;
(4) The exact nature of the proposed business for which the permit is requested, and
the name under which it is to be operated;
(5) The past experience of the applicant in the matter to which the requested permit
pertains; and the name, address, and past experience of the person to be in charge of the
premises or business;
(6) Whether or not any prior license or permit to operate a taxicab business has been
revoked and if so, the circumstances of such revocation;
(7) The number of vehicles proposed to be operated under the permit, and a
complete description of the same including the distinguishing color or colors thereof, the model
and year, the manufacturer’s name, the license number and the vehicle registration number; the
applicant must be the registered owner of at least five taxicabs to be included in the permit at
the time of filing of the application and must maintain at least five taxicabs while operating in the
city, unless the applicant is a sole proprietor as de fined in this chapter;
(8) The make and type of taximeter intended to be installed in each taxicab;
(9) A description of the proposed color scheme and insignia or any other
distinguishing characteristics to be used to designate the vehicles of the owner;
(10) A description of the proposed uniform to be worn by the drivers of applicant’s
taxicabs.
B. In addition to the items of information required in subsection (A) of this section, the
applicant shall, together with the permit application, furnish the following:
4.7.a
Packet Pg. 114 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
(1) A statement from a responsible, solvent corporation, authorized to issue public
liability and property damage insurance in the state of California, that in the event the
application is granted, they will issue a policy of insurance to the applicant in the manner and
form required by this chapter;
(2) A statement that the applicant is the registered owner of each of the vehicles it
proposes to operate;
(3) A statement that no taxicab shall be kept garaged, serviced, maintained or
repaired on any premises where the zoning ordinance of the city does not permit the same;
(4) The city may require evidence of every material statement in the application of the
ability of applicant to meet the provisions of this chapter, together with such furthe r information
as the city council, or such official of the city to whom the application may be referred, may
require;
(5) A statement that within the last five years the applicant has not failed to comply
with a final court order or administrative action of an investigatory agency finding a violation of
applicable federal, state and local wage and hour laws, including, but not limited to, the Federal
Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or
prevailing wage requirements. For purposes of this subsection, a final court order or
administrative action is one as to which there is no pending appeal and the time for filing an
appeal has passed.
C. Permit fees therefor shall be charged by the Chief of Police in the amount established by
resolution of the City Council and shall be non-refundable.
6.76.080 Owner’s permit—Action on application.
The Chief of Police shall issue the permit applied for herein if he is satisfied that the
requirements of Section 6.76.070 are fully filled; that all persons interested in the operation of
the business are of a good moral character; that the equipment to be used is in good
mechanical condition and will be operated with due regard for the safety of the public; and that
such transporting is necessary to meet the public need.
6.76.085 Owner’s permit—Denial.
The Chief of Police may deny a permit to any applicant if it appears to its satisfaction that the
applicant has been convicted of a felony or violation of any narcotic law o r of any penal law
4.7.a
Packet Pg. 115 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
involving moral turpitude; that the applicant’s proposed color scheme or other insignia will tend
to confuse the identification of the vehicles proposed to be operated by such applicant with
those of another owner operating in the city; that the applicant has failed to provide the
necessary information required in Section 6.76.070 or made a material misstatement or
misrepresentation in the application; that the applicant has been in violation of any of the terms
of this chapter, or of any other laws or regulations relating to the conduct of a taxicab business;
that the applicant has had a taxicab license revoked or suspended in the city or any other
jurisdiction within five years prior to the date of the application; that the applicant has previously
applied for a taxicab permit in the city and been denied within two years prior to the date of the
current application; or that any other reasonable cause exists which, within the Chief of Police’s
sound discretion, would render the proposed operations undesirable to the city or pose a public
health and safety risk.
6.76.090 Owner’s permit—Revocation or suspension.
A. The Chief of Police, or designee, may revoke or suspend the permit granted under this
chapter, if any of the following determinat ions are made:
(1) If the owner fails to operate taxicabs in accordance with the provisions of this
chapter, violates any state law or provisions of this code relating to traffic or use of streets, or
violates any narcotic law or any penal law involving m oral turpitude, or is convicted of a felony;
(2) If the owner discontinues or suspends service for a period of ten days without first
having obtained permission from the Chief of Police;
(3) If the owner refuses to accept a request for service anywhere within the corporate
limits of the city, having vehicles and drivers available for service;
(4) If taxicabs are operated at a rate of fare other than that specified in the permit’s
rate schedule then in effect;
(5) For any materially false statements in application for the permit or any extensions
thereof, or in any information required to be furnished under this chapter, or for the failure to
furnish any material or information required to be furnished to city under this chapter;
(6) Failure of the owner to pay, when due, any applicable fees imposed by the city;
(7) If the applicant has failed to comply with a final court order or administrative action
of an investigatory agency finding a violation of applicable federal, state and local wage and
4.7.a
Packet Pg. 116 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California
Labor Code, and any local minimum wage ordinance or prevailing wage requirements , or if the
applicant has failed to pay any judgment for damages arising from the unlawful or negligent
operation of the taxicab for which the permit was issued. For purposes of this subsection, a final
court order or administrative action is one as to which there is no pending appeal and the time
for filing an appeal has passed.
B. The Chief of Police shall initiate revocation or suspension proceedings by giving written
notice to the owner that an appeal of the initial decision must be received in writing within
fourteen calendar days of being notified of the revocation or suspension.
C. Failure to request a hearing within the required time period pursuant to Section 1.04.050
shall be deemed a failure to exhaust administrative remedies.
D. Any person whose permit is revoked shall not be eligible to apply for another permit for a
period of one year from the date of such revocation.
6.76.095. Owner’s responsibilities for maintenance and compliance with laws.
A. It shall be the responsibility of the owner to assure that every taxicab operated under its
permit is in safe working order and meets the requirements of the Vehicle Code of the state of
California. The interior and exterior of each taxicab shall be clean and well maintained at all
times when in operation.
B. All accidents, regardless of the jurisdiction of occurrence, arising from or in connection with
the operation of taxicabs which result in death or injury to any person, or in damage to any
vehicle, or to any property in an amount exceeding the sum of one hundred dollars, shall be
reported to the Chief of Police within ten days from the time of occurrence.
C. All owners shall ensure all drivers comply with the provisions of this chapter.
D. All owners shall comply with all relevant State law provisions regarding the operation of a
taxicab, including, but not limited to, Section 53075.5(h) of the California Government Code.
6.76.100 Driver’s permit—Application.
A. Applicants for a driver’s permit shall file written applications containing the following
information with the Chief of Police :
(1) The name and address of the applicant;
4.7.a
Packet Pg. 117 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
(2) The name and address of the applicant’s employer;
(3) The license number and vehicle identification number of the taxicab to be
operated by the applicant;
(4) The applicant’s driver’s license number;
(5) A statement that the applicant has not been convicted of any crime involving
moral turpitude;
(6) Such other information as the Chief may require.
B. Permit fees therefor shall be charged by the Chief of Police in the amount established by
resolution of the City Council and shall be non-refundable.
6.76.110 Driver’s permit—Action on application.
A. Upon application for a driver’s permit, and before it shall be issued, the driver, whether the
owner or otherwise, must show evidence that he or she has a valid California driver’s license to
operate the type of vehicle for which the driver’s permit is sought. Upon satisfying the foregoing
requirements, said driver shall be fingerprinted and photographed and his or her record filed in
the Police Department. No such driver’s permit shall be granted to any person under the age of
eighteen (18) years.
B. A driver’s permit may be denied pursuant to the same grounds for suspension or
revocation under section 6.76.120 of this chapter.
C. No such driver’s permit issued hereunder shall be transferable in any event.
6.76.115 Driver’s permit—Issuance and Termination
A. Upon approval of an application for a driver’s permit and upon payment of the fee in an
amount to be established by resolution, th e Chief of Police shall issue a non-transferrable
permit to the applicant. Such permit shall bear the name and photograph of the applicant, date
of expiration of the permit, and the name of the employer for which the driver is authorized to
operate a vehicle. The permit holder shall post the permit in the taxicab in view of the
passengers therein, during all working hours. The driver’s permit shall become void upon
termination of employment.
4.7.a
Packet Pg. 118 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
B. Upon the termination of any driver’s employment, the owner by whom such driver has
been employed shall immediately give the Chief of Police written notice of such termination, and
the reasons therefor, and shall forthwith surrender the driver’s permit to the Chief of Police for
cancellation. It is the obligation of t he owner to retrieve the driver’s permit from the terminated
driver and to immediately forward the driver’s permit to Chief of Police with the written notice of
termination.
6.76.120 Driver’s permit—Revocation or suspension
A. Any person issued a driver’s permit who subsequently is convicted of any felony or
misdemeanor offense or who ceases to possess a valid state of California driver’s license of the
class required by state law for the operation of taxicabs shall immediately so inform his or her
employer and the Chief of Police.
B. The Chief of Police may deny, revoke or suspend any driver’s permit for repeated
violations of this chapter; or if the driver’s state of California Department of Motor Vehicles
record includes four or more moving violations within the preceding twelve-month period; or for
any felony conviction or misdemeanor conviction of moral turpitude ; or if the Chief of Police
determines that the driver is a danger to the public safety ; or upon substantial evidence of facts
of either physical or moral deficiencies which would render such person incompetent to operate
a taxicab.
C. When the Chief of Police intends to revoke or suspend a driver’s permit, he or she shall
give the permit holder written notice of intent. The notice shall set fort h the grounds upon which
such revocation or suspension is contemplated, and shall inform the permit holder that he or
she has ten days from the date of such notice to file a written request for a hearing. The permit
may be revoked if a request for a hearing is not received within the ten-day period. If the permit
holder files a timely request for hearing, the Chief of Police shall set a time and place for such
hearing, and shall consider all relevant evidence and testimony prior to making a decision
thereon. The decision of the Chief of Police is final and no appeal may be made therefrom.
6.76.130 Permit renewal.
The holder of every owner’s permit and every driver’s permit shall renew such permits annually
by application to the Chief of Police and payment o f such renewal fees as may be established
by resolution of the City Council. The permit shall be renewed if the applicant meets all the
conditions herein for issuance of a permit. Applications for permit renewals must be received by
4.7.a
Packet Pg. 119 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
the Chief of Police no later than thirty days before the date of expiration, and the city council
may establish late fees for failure to timely submit renewal applications .
6.76.135 Refusal of service.
It is unlawful for any driver to refuse, when the vehicle is in service and not otherwise engaged,
to transport any person who requests such service in a sober and orderly manner and for a
lawful purpose. Taxicab companies shall not prejudice, disadvantage, or require different rates
or provide different service to a person because of race, national origin, religion, color, ancestry,
physical disability, medical condition, occupation, marital status, or any characteristic listed or
defined in Section 11135 of the Government Code.
6.76.140 Testing of taxicab drivers for controlled substances and alcohol.
A. Each owner of a taxicab permit or holder of a taxicab driver’s permit shall maintain a
mandatory controlled substance and alcohol testing certification program conforming to Part 40
of Title 49 of the Code of Federal Regulations and California Government Code Section
53075.5 for all drivers of vehicles operated under the permit. The program shall contain
requirements for rehabilitation, return-to-duty, follow up testing and other requirements
conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations. No taxicab
owner’s permit or taxicab driver’s permit shall be issued or renewed unless proof of this
mandatory program is submitted to the Chief of Police.
B. No taxicab owner’s permit shall be issued or renewed unless the holder at the time of
issuance or renewal files with the Chief of Police a certification that each driver of vehicles
operated under the permit has tested negatively for controlled substances under a mandatory
controlled substance testing certification program conforming to Part 40 of Title 49 of the Code
of Federal Regulations and California Government Code Section 53075.5.
C. No taxicab driver’s permit shall be issued or renewed unless the applicant and the permit
owner for which the driver is authorized to operate a vehicle both certify that the driver has
tested negatively for controlled substances under a mandatory controlled substance and alcohol
testing certification program conforming to Part 40 Code of Federal Regulations and California
Government Code Section 53075.5. Upon the request of a driver applying for a permit, the city
shall provide the driver a list of the consortia certified pursuant to P art 382 (commencing with
Section 382.101) of Title 49 of Federal Regulations that offer tests in or near the city .
4.7.a
Packet Pg. 120 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
6.76.150 Administrative fines.
The city may impose an administrative fine against any person, firm or corporation that is found
to have operated a taxicab in the city without a valid permit pursuant to this chapter. The
minimum fine for operating without a permit in violation of this chapter shall be five thousand
dollars ($5,000). The city may also impose administrative fines for all other violations pursuant
to code section 1.04.030.
6.76.160 Appeal to City Council.
If the applicant or permittee is dissatisfied with the action of the Chief of Police in refusing,
suspending or revoking the permits provided for herein, such person may appeal to the City
Council from such action by the Chief of Police as provided in Section 1.04.050.
Section 2: California Environmental Quality Act. This Ordinance is exempt from the California
Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 150 61(b)(3) since it has no
potential for resulting in significant physical change in the environment, directly or ultimately.
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, wo rds 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.
PASSED, APPROVED AND ADOPTED this __ day of June, 2019
AYES:
4.7.a
Packet Pg. 121 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
3233609.3
4.7.a
Packet Pg. 122 Attachment: 1. An Ordinance of the City of Dublin Amending Section 6.76 of the Dublin Municipal Code Relating to Taxicabs (Introduce An
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving a Commercial Façade Improvement Grant
Program Agreement with Amakara Company, Inc. (tenant) and Dublin Apartment
Properties, LLC (property owner). The owner of Amakara restaurant has requested
participation in the Commercial Facade Improvement Grant Program to assist with the
facade improvements for an outdoor dining patio.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Commercial Façade Improvement Grant Program
Agreement with Amakara Company, Inc. and Dublin Apartment Properties, LLC for
facade improvements for an outdoor dining patio located at 7568 Dublin Boulevard.
FINANCIAL IMPACT:
The proposed Agreement provides a $70,000 grant to the applicant. Funding for this
grant has been budgeted in the Fiscal Year 2019 -2020 Economic Development Division
budget as part of the Commercial Façade Improvement Grant Program. The Agreement
amount is not to exceed $70,000.
DESCRIPTION:
In December 2011, the City Council adopted the Commercial Facade Improvement
Grant Program (Program) as one way to improve the physical appearance of the
Downtown Dublin Specific Plan (DDSP) area and the segment of Dublin Boulevard
between Village Parkway and Dougherty Road (Program Area), and encourage the
retention of existing businesses, as well as increase property values, tenant stability,
and lease rates in the area. The Program leverages public funds and private investment
to enhance the physical appearance and economic vitality of commercial businesses in
the Program Area.
In June 2016, the City Council adopted changes to the Program to expand the
4.8
Packet Pg. 123
Page 2 of 3
allowance of architectural assistance, encourage timely results, to prioritize selection of
projects which promote downtown activation (such as outside gathering and dining
spaces), to promote project competitiveness, to clarify applicant preparedness, to make
the requirements of the Program more understandable to applicants.
Under the Program, commercial property owners or tenants with long-term leases (five
or more years) within the Program Area can apply for one of two facade improvement
grants. Applicants have the option between:
1. Mini-Grant - this grant provides reimbursement of up to $5,000 for commercial
building facade improvements with no match requirement; or
2. Matching Grant - this grant provides a reimbursable matching grant of two -thirds
(67%) of eligible project costs, up to a maximum of $70,000. The total cost of the
improvement work must be more than $5,000. Receipt of a matching grant
requires the approved applicant to contribute a minimum of one -third of the total
cost of the facade improvement costs.
In February 2019, Staff received an application for a matching grant from the o wner of
Amakara restaurant, to help offset the costs of the construction of an outdoor dining
patio at their new location in the Aster project within the Program Area. The cost of the
tenant improvements exceeded their original estimates, so the applicant applied for a
$70,000 grant to help offset the cost of building an outdoor dining patio. The
construction of the outdoor dining patio includes, but is not limited to:
• Awnings
• Methane vent
• Outdoor Heaters (hardwired)
• Lights (hardwired)
• Speakers (hardwired)
• Bench seating
• Reconfigure existing landscaping and concrete paving (including relocating
landscaping irrigation)
The applicant estimates that the total façade improvement valuation is approximately
$158,176. Of this amount, Amakara is seeking reimbursement for $70,000, the
maximum amount allowed per the Program's matching grant. The proposed Agreement
(Exhibit A to Attachment 1) provides Amakara with approximately 44% of the total
project cost. The Agreement as proposed, meets the criteria established in the
Program.
This Agreement will result in the improvements to the facade of the property, thus
enhancing the appearance and character of the Downtown, to the benefit of City
residents. Staff believes that this facade improvement will achieve the goals of the
Program as well as generate new retail interest, thus generating additional interest from
other property owners in the area to participate in the Program to help transform
Downtown into a dining destination.
On February 19, 2019, the City Council’s Economic Development Committee
considered the application and by consensus, the Committee recommended a grant not
4.8
Packet Pg. 124
Page 3 of 3
to exceed $70,000 to help offset improvements related to the new outdoor dining patio.
This recommendation falls under the Committee' s purview to provide policy guidance
and direction on economic development activities. The Committee is requesting that the
full City Council consider the recommendation to approve a grant not to exceed $70,000
for the improvements.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Focus efforts on ways to strengthen the City’s economic vitality, including
the Downtown, through public investment and economic development.
4D: Work with Downtown property owners on building/site improvements
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving a Commercial Façade Improvement Grant Program Agreement
with Amakara Company, Inc. and Dublin Apartment Properties, LLC
2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program
Agreement between the City of Dublin, Amakara Company, Inc. and Dublin Apartment
Properties, LLC
4.8
Packet Pg. 125
Page 1 of 1
RESOLUTION NO. __ – 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
AGREEMENT WITH AMAKARA COMPANY, INC. AND DUBLIN APARTMENT PROPERTIES, LLC
WHEREAS, for decades, state and local governments have used economic development incentives to
attract or retain jobs and/or improve the local tax base; and
WHEREAS, the City Council of the City of Dublin adopted Resolution No. 216-11 on December 20,
2011, which established a Commercial Facade Improvement Grant Program ("Program") intended to improve
the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard
between Village Parkway and Dougherty Road, encouraging the retention of existing businesses, as well as
increase property values, tenant stability, and lease rates for the property; and
WHEREAS, the Program authorizes the City of Dublin to enter into agreements with commercial
property owners, or tenants with long-term leases (five or more years remaining on the lease at the time a
Program application is submitted) to apply for either 1) a mini-grant for reimbursement of up to $5,000; or 2) a
matching grant, that provides a reimbursable matching grant of two-thirds (67%) of eligible project costs, up to
a maximum of $70,000; and
WHEREAS, the applicant holds a long-term lease for certain real property located at 7568 Dublin
Boulevard (A.P.N. 941-1500-015-09), ("the Property"), located in the Program area within the City; and
WHEREAS, the applicant intends to improve the facade of the Property by creating an outdoor dining
patio; and
WHEREAS, the City Council finds that this agreement serves a public purpose in that it will help
improve the physical appearance of Dublin Boulevard in the Program area, encourage the retention of existing
businesses, and increase property values and tenant stability, thus benefitting the City and its residents.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve
a Commercial Façade Improvement Grant Program Agreement with Amakara Company, Inc. and Dublin
Apartment Properties, LLC not to exceed $70,000 for certain facade improvements; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached
hereto as Exhibit A to this Resolution, in substantially the form attached.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.8.a
Packet Pg. 126 Attachment: 1. Resolution Approving a Commercial Façade Improvement Grant Program Agreement with Amakara Company, Inc. and Dublin
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 1 of 12
City Grant Amount $70,000
Matching Funds $88,176
Project Total $158,176
COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT
BETWEEN THE CITY OF DUBLIN, AMAKARA COMPANY, INC. AND DUBLIN APARTMENT PROPERTIES, LLC
THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated as
of this 16 day of July, 2019, the date of execution by the City (the “Effective Date”) is entered into by and between
the City of Dublin, a public body corporate and politic ("City"), Amakara Company, Inc. (“Tenant” and “Applicant”) and
Dublin Apartment Properties, LLC (“Owner").
R E C I T A L S
A. The City has adopted a Commercial Façade Improvement Grant Program (“Program”) in order to
provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the
facades of their buildings.
B. Applicant leases space from Owner at certain real property located at 7568 Dublin Boulevard
(A.P.N. 941-1500-015-09), in Dublin, California (the “Site”), and within the boundaries outlined by the Commercial
Façade Improvement Grant Program Guidelines (“Program Guidelines”).
C. Applicant has submitted an application to the City pursuant to the Program Guidelines for a grant
for certain improvements to the Site, and City has determined that Applicant and the Site meet the eligibility criteria
for the Program.
D. City desires to enter into this Agreement because improvement of the Site will enhance the
physical appearance and economic vitality of commercial businesses, encourage full occupancy of storefronts,
generate additional tax revenue and assist in providing an environment for the social, psychological and economic
growth and well-being in the boundaries outlined by the Program Guidelines and the citizens of the City.
E. Applicant desires to enter into this Agreement with City to receive assistance in making certain
improvements to the Site, and City is willing to do so on the terms and conditions set forth in this Agreement.
A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:
Section 1. GENERAL.
1.1 Term. This Agreement shall begin on the Effective Date and expire five (5) years following the
Applicant’s approval of contractor’s notice of completion (“Term”).
Section 2. IMPROVEMENT OF THE SITE.
2.1 Scope of Work. Applicant shall complete the proposed project in accordance with the Scope of
Work attached hereto as Exhibit 1 (the “Project”).
2.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse to the Applicant a
sum not to exceed seventy thousand dollars ($70,000) (the “Grant Amount”), for certain eligible improvements (the
“Eligible Improvements”) as set forth below:
4.8.b
Packet Pg. 127 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 2 of 12
a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit 1 attached
hereto.
b. All services to be performed by a third-party contractor shall be the subject of agreement between
Applicant and the third-party contractors. The City shall not assume any liability for such agreements.
The Applicant shall submit to the City all invoices from the contractor or contractors for work
performed on the Eligible Improvements in order to receive reimbursement.
c. A representative of the City shall inspect the completed Project after a notice of completion has
been submitted to the City.
d. The City will only issue the Grant Amount after the Project has been completed. Upon
determination by the City's representative that Project has been completed in conformance with the
Scope of Work (Exhibit 1) and the City approvals, the City shall issue a check made payable to the
Applicant in an amount equal to the lesser of the Grant Amount or the actual amount of the
invoices submitted to the City by the Applicant. The City Manager in his or her sole discretion may
issue the Grant Amount at an earlier time than set forth in this Section 2.2(d), if the Applicant can
demonstrate good cause.
e. Any and all costs of the Project including, but not limited to the Eligible Improvements, which are in
excess of the Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant.
2.3 Permits and Approvals. Before commencement of the Project, Applicant shall secure or cause to
be secured any and all permits which may be required by the City and any other governmental agency affected by
such construction or work.
2.4 Commencement of the Project. Within 60 days after the Effective Date, Applicant shall have
selected and authorized one or more contractors to complete the Project, and shall have provided notice to the City
of such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors
to complete the Project within such 60-day period, the City may, at its option, terminate this Agreement upon written
notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in
connection to this Agreement. All contractors performing work on the Project must be licensed in the State of
California.
2.5 Building Permit. A Building Permit must be obtained within six months of the Effective Date. In
the event the Applicant fails to obtain a Building Permit within such six-month period, the City may, at its option,
terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further
rights against or liability to the other in connection to this Agreement. An additional six-month extension may be
approved with the City’s prior written consent.
2.6 Completion of the Project. Applicant shall complete the Project and satisfy all other obligations
and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to
revision from time to time as mutually agreed upon in writing between Applicant and the City Manager, or their
designee. Upon completion, Applicant shall require contractors’ completion notice signed by the contractor. When the
Project is completed as set forth in this Agreement, a notice of completion shall be delivered to and approved by the
Applicant. Notice of completion shall then be delivered to the City as set forth in Section 2.2.
Section 3. INSURANCE REQUIREMENTS.
Before fully executing this Agreement, Applicant, at its own cost and expense, unless otherwise specified
below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or
4.8.b
Packet Pg. 128 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 3 of 12
damages to property that may arise from or in connection with the performance of the work hereunder by the
Applicant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions,
Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and
under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement.
Applicant shall not allow any contractor to commence work on any subcontract until Contractor has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Applicant shall maintain all required insurance listed herein for the duration
of this Agreement.
3.1 Workers’ Compensation.
3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant’s
contractor(s) shall, at its sole cost and expense, maintain Statutory Workers’ Compensation
Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly
by contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than $1,000,000 per accident. In the alternative, contractor
may rely on a self-insurance program to meet these requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code. Determination of
whether a self-insurance program meets the standards of the California Labor Code shall be solely
in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the
City for all work performed by the Contractor, its employees, agents, and subcontractors.
3.1.2 Submittal Requirements. To comply with Subsection 3.1, Applicant shall submit the
following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the
section for all contractor(s) performing work related to the Project; and
b. Waiver of Subrogation Endorsement as required by the section for all
contractor(s) performing work related to the Project.
3.2 Commercial General and Automobile Liability Insurance Requirements. Before beginning any
work under this Agreement, Applicant and its contractor(s) 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 Applicant or its contractor and its agents, representatives, employees, and subcontractors.
Applicant 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. Applicant shall maintain the insurance policies
required by this section throughout the term of this Agreement. Applicant shall not allow any contractor or
subcontractor to commence work on until Applicant has obtained all insurance required herein for the contractor or
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 the
4.8.b
Packet Pg. 129 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 4 of 12
Applicant’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 Applicant 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 Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later. All insurance
required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
3.2.1 Commercial General and Automobile Liability Insurance.
3.2.1.1 General requirements. Applicant and all contractors and subcontractors, at their own
cost and expense, shall maintain commercial general and automobile liability insurance
for the term of this Agreement in an amount not less than TWO MILLION DOLLARS
($2,000,000.00) per occurrence, combined single limit coverage for risks associated with
the work contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use
of owned and non-owned automobiles.
3.2.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
3.2.1.3 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 shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Applicant, including the insured’s general
supervision of Applicant; products and completed operations of Applicant;
premises owned, occupied, or used by Applicant; and automobiles owned,
leased, or used by the Applicant. 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 Applicant to comply with reporting provisions of the policy shall not
affect coverage provided to City and its officers, employees, agents, and
volunteers.
4.8.b
Packet Pg. 130 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 5 of 12
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. Applicant shall notify City within 14 days of notification
from Applicant’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
f. For Applicant’s contractors and subcontractors, an endorsement for completed
operations for the construction project, such as the CG 20 37 “Additional
Insured—Owners, Lessees or Contractors—Completed Operations”
endorsement form, shall be submitted by Applicant to the City no later than 30
days after completion of the Project.
3.2.1.4 Submittal Requirements and Verification of coverage. Applicant 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 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.
a. Prior to execution of this Agreement, Applicant shall submit:
Certificate(s) of Commercial General Insurance and Automobile Liability
Insurance; and
Waiver of Subrogation Endorsement.
b. Prior to commencement of the Project as described in Section 2.4., Applicant
shall furnish City with contractor’s certificates of insurance and with original endorsements
effecting coverage required herein.
3.2.1.5 Contractors and Subcontractors. Applicant agrees to include with all contractors or
subcontracts the same requirements and provisions of this Agreement including the
Indemnification and Insurance requirements to the extent they apply to the scope of the
Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound
to Applicant and the City in the same manner and to the same extent as Applicant is
bound to the City under the Contract Documents.
3.2.1.6 Variation. 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 interests are otherwise fully protected.
3.2.1.7 Deductibles and Self-Insured Retentions. 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 containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
3.2.1.8 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
4.8.b
Packet Pg. 131 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 6 of 12
also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
3.2.1.9 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Applicant shall
provide written notice to City at Applicant’s earliest possible opportunity and in no case
later than five days after Applicant is notified of the change in coverage.
3.2.2 Term of Coverage. Applicant, at its own cost and expense, shall maintain all insurance policies
required by this Agreement for the duration of the Agreement’s Term. Applicant shall require that all contractors and
subcontractors, at their own cost and expense, maintain the insurance policies required by this Agreement until the
Project is complete and the Applicant accepts contractor’s completion notice.
3.2.3. Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain
any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the
exclusive remedy for Applicant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Order Applicant to stop work under this Agreement or withhold any payment that becomes due
to Applicant hereunder, or both stop work and withhold any payment, until Applicant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 4. PREVAILING WAGES.
Applicant shall require any contractors performing work under this Agreement to pay prevailing wages
pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement,
prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as
ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon
which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to
the particular craft, classification, or type of worker employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week and the
actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors
or subcontractors in connection with the Project. The payroll records shall be kept in accordance with the provisions
of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with
requirements of such Section 1776.
Section 5. NONDISCRIMINATION AND EQUAL OPPORTUNITY.
Applicant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious
dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including
cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic
information, gender identity or expression, political affiliation or belief, military/veteran status, or any other
4.8.b
Packet Pg. 132 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 7 of 12
classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Applicant under this Agreement.
Applicant shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
Section 6. MAINTENANCE COVENANTS.
The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site
or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the
Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from
any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired
immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain
an attractive building appearance, including cleaning all awnings, if any, at least once a year.
The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Project. During
this 60-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it
will not materially alter the improvements made with City funds, without the prior written consent of City which
consent may be conditioned by City to preserve those features to the extent necessary to achieve the objectives of
City for entering into this Agreement. Any violation of this section not cured within 60 days shall entitle City to
reimbursement of the funds granted by City from the person or entity responsible for the violation.
6.1 Improvements Cannot Be Removed by Applicant or Owner Without City’s Consent. All
Eligible Improvements will become permanent fixtures of the property and cannot be removed by Applicant or Owner
upon expiry or termination of the lease or sale of the property. Exceptions can be made with the prior written consent
of the City. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds
granted by City from the person or entity responsible for the violation.
Section 7. GENERAL PROVISIONS.
7.1 Rights of Access. Representatives of the City shall have the reasonable right to access the Site,
without charges or fees, for the purpose of inspecting the Project, including the Eligible Improvements. City (or its
representatives) shall, except in emergency situations, give Applicant reasonable advance notice prior to exercising
its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other
administrative inspections of the Site in accordance with applicable law.
7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all applicable
federal, state and local laws, including Labor Code requirements; City zoning and development standards; building,
plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable
disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section
12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh
Civil Rights Act, Civil Code Section 51, et seq.
7.3 Assignment. Applicant shall have the right to assign all of its rights and obligations under this
Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice
of the assignment.
4.8.b
Packet Pg. 133 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 8 of 12
7.4 Notices, Demands and Communications between the Parties. Any approval, disapproval,
demand, document or other notice ("Notice") which either party may desire to give to the other party under this
Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid,
personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is
directed at the address of the party as set forth below, or at any other address as that party may later designate by
Notice.
To City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6650
Attention: City Manager
To Applicant: Tenant
Amakara Company, Inc.
7568 Dublin Blvd.
Dublin CA 94568
Attention: Hideki Imano, Owner
Phone: 209-601-8923
Email: amakaracompany@gmail.com
And
Owner
Dublin Apartment Properties, LLC
2 Henry Adams St #450
San Francisco CA 94103
Attention: Matthew Gingery, Partner
Phone: 408-781-0561
Email: matt@baywestdevelopment.com
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of
delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused
delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices
sent by a party's attorney on behalf of such party shall be deemed delivered by such party.
7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship
between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be
deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein
or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development,
operation, maintenance or management of the Site or the Eligible Improvements. Applicant agrees to indemnify, hold
harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint
venture between City and Applicant with respect to the development, operation, maintenance or management of the
Site or the Eligible Improvements.
7.6 Integration. This Agreement contains the entire understanding between the parties relating to the
transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings,
4.8.b
Packet Pg. 134 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 9 of 12
representations and statements, oral or written, are merged in this Agreement and shall be of no further force or
effect.
7.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to become
effective, shall be made in writing and in each instance signed on behalf of each party.
7.8 Conflicts of Interest. No member, official or employee of City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or
association in which he is directly or indirectly interested.
7.9 Applicant's Indemnity; Waiver. Applicant shall indemnify, defend (with counsel reasonably
acceptable to City), protect and hold City, and its officers, employees, agents and representatives, harmless from,
any and all Claims of any kind or nature arising out of the Project or this Agreement or the implementation hereof,
including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable
attorneys’ fees and costs), which may be caused by the work performed under this Agreement or any activities
associated with the Project, whether such activities or work is performed by Applicant or by anyone directly or
indirectly employed or contracted with by Applicant. Applicant's indemnity obligations under this section shall survive
termination of this Agreement. Applicant's indemnity obligations under this section shall not extend to claims,
demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the active
negligence or willful misconduct of the City, or its officers, employees, agents or representatives.
Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers,
agents and representatives, from any and all present and future Claims arising out of or in any way connected with
this Agreement, the performance of the work, or Applicant's obligation to comply with all laws with respect to the
work.
7.10 Non-liability of Officials and Employees of City. No member, official or employee of the City
shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for
any amount which may become due to Applicant or its successors, or on any obligations under the terms of this
Agreement.
7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws principles,
shall govern the interpretation and enforcement of this Agreement.
4.8.b
Packet Pg. 135 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
4.8.b
Packet Pg. 136 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 11 of 12
EXHIBIT NO. 1
PROJECT SCOPE OF WORK
Rendering of New Outdoor Dining Patio
4.8.b
Packet Pg. 137 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Commercial Façade Improvement Grant Program Agreement with
Amakara Company, Inc. and Dublin Apartment Properties, LLC Page 12 of 12
EXHIBIT NO. 2
ELIGIBLE IMPROVEMENTS
Applicant is the business owner of Amakara restaurant and the tenant of that certain real property located at
7568 Dublin Boulevard, Dublin CA and shall construct and install the façade improvements as outlined below and in
the attached elevation:
Awnings
Methane vent
Outdoor Heaters (hardwired)
Lights (hardwired)
Speakers (hardwired)
Bench seating
Reconfigure existing landscaping and concrete paving (including relocating landscaping irrigation)
4.8.b
Packet Pg. 138 Attachment: 2. Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Amakara
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Small Business Assistance Grant Program Agreement with D’Amore's of
Dublin, LLC and JJD-HOV Dublin LLC
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving a Small Business Assistance Grant Program
Agreement with D’Amore's of Dublin, LLC (d.b.a. Coach’s Grille) (tenant) and JJD -HOV
Dublin LLC (property owner). The owner of Coach's Grille restaurant has requested
participation in the Small Business Assistance Grant Program to assist with
improvements to the trash enclosure.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Small Business Assistance Grant Program
Agreement with D’Amore's of Dublin, LLC (d.b.a. Coach’s Grille) and JJD -HOV Dublin
LLC for trash enclosure improvements located at 7222 Regional Street.
FINANCIAL IMPACT:
The proposed Agreement provides a $47,063 grant to the applicant. Funding for this
grant has been budgeted in the Fiscal Year 2019 -2020 Economic Development Division
budget as part of the Small Business Assistance Grant Program. The Agreement
amount is not to exceed $47,063.
DESCRIPTION:
On June 5, 2012, the City Council approved amending the agreement with Amador
Valley Industries (AVI) to bring construction and demolition collection services under an
exclusive agreement. As part of the amendment to the agreement, AVI agreed to
provide an annual economic benefit payment to the City in the amount of $100,000 to
be used to establish and operate a Small Business Assistance Program.
On July 16, 2013, the City Council adopted the creation of the Small Business
Assistance Program (Program) to assist Dublin-based businesses to deal with the cost
of complying with federal, state and local laws relating to the Americans with Disabilities
4.9
Packet Pg. 139
Page 2 of 3
Act (ADA), Title 24, the City’s trash enclosure requirements, and other legal obligations
imposed on small businesses.
Under the Program, commercial property owners or tenants can apply for the following:
1. Small Business Regulatory Compliance Grant Program – this grant has an
annual budget of $75,000 and provides reimbursement to Dublin -based
businesses seeking to comply with federal, state and local laws related to ADA,
Title 24, the City’s trash enclosure requirements, and other legal obligations
imposed on small businesses.
2. Small Business Support Program – this program has an annual budget of
$15,000 and provides small business supp ort services such as one-on-one
business advising and special events programming.
The remaining Program budget is allocated towards reporting, marketing and
administration.
In June 2019, Staff received an application for a Small Business Regulatory Comp liance
Grant (Grant) from the owner of Coach’s Grille restaurant, to help offset the costs to
modify the existing trash enclosure and build a new outer trash enclosure to
accommodate a third bin at their new location in the Almond Plaza shopping center in
the Downtown. The estimated cost of the improvements exceeded their original
estimates, so the applicant applied for a Grant in the amount of $62,750 to help offset
the costs of building and expanding the existing trash enclosure.
The proposed Agreement (Exhibit A to Attachment 1) provides Coach’s Grille with 75%
of the total project cost. The Agreement as proposed, meets the criteria established in
the Program. This Agreement will result in the assistance of bringing a new
independently owned restaurant into Downtown Dublin, thus enhancing the appearance
and character of the Downtown, to the benefit of City residents. Staff believes that this
Grant will achieve the goals of the Program as well as generate new retail and dining
interest in the Downtown.
On July 8, 2019, the City Council’s Economic Development Committee considered the
application and by consensus, the Committee recommended a grant not to exceed 75%
of the requested amount, which totals $47,063 to help offset improvements related to
the trash enclosure. This recommendation falls under the Committee' s purview to
provide policy guidance and direction on economic development activities. The
Committee is requesting that the full City Council consider the recommendation to
approve a grant not to exceed $47,063 for the improvements.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Focus efforts on ways to strengthen the City’s economic vitality, including
the Downtown, through public investment and economic development.
4D: Work with Downtown property owners on building/site improvements
4.9
Packet Pg. 140
Page 3 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving a Small Business Assistant Grant Agreement with D'Amores of
Dublin LCC
2. Exhibit A to the Resolution - Small Business Assistance Program Agreement
between the City of Dublin, D'Amore's of Dublin, LLC and JJD-HOV Dublin LLC
4.9
Packet Pg. 141
RESOLUTION NO. __ – 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A SMALL BUSINESS ASSISTAN CE GRANT AGREEMENT
WITH D’AMORE’S OF DUBLIN, LLC (d.b.a. COACH’S GRILLE) AND JJD-HOV DUBLIN LLC
WHEREAS, for decades, state and local governments have used economic development incentives to
attract or retain jobs and/or improve the local tax base; and
WHEREAS, the City Council of the City of Dublin adopted Resolution No. 131-13 on July 16, 2013,
which established a Small Business Assistance Program (“Program”) intended to assist Dublin-based
businesses with the cost of complying with federal, state, and local laws relating to the Americans with
Disabilities Act, Title 24, the City’s trash enclosure requirements, and other legal obligations imposed on small
businesses; and
WHEREAS, the Program authorizes the City of Dublin to enter into grant agreements with commercial
property owners or tenants located in the City of Dublin for Small Business Regulatory Compliance Grants; and
WHEREAS, the applicant holds a long-term lease for certain real property located at 7222 Regional
Street (APN 941-0305-023-00), ("the Property"), located in the City; and
WHEREAS, the applicant intends to make improvements to the existing trash enclosure; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve
a Small Business Assistance Grant Agreement with D’Amore’s of Dublin, LLC (d.b.a. Coach’s Grille) and JJD-
HOV Dublin LLC not to exceed $47,063 (forty seven thousand and sixty three dollars) for certain improvements
to the trash enclosure; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached
hereto as Exhibit A to this Resolution, in substantially the form attached.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.9.a
Packet Pg. 142 Attachment: 1. Resolution Approving a Small Business Assistant Grant Agreement with D'Amores of Dublin LCC (SBAP Grant Agreement with
Small Business Assistance Grant Program Agreement Page 1 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
City Reimbursement Grant Amount $47,063
SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT
BETWEEN THE CITY OF DUBLIN, D’AMORE’S OF DUBLIN, LLC AND JJD-HOV DUBLIN LLC
THIS SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT ("Agreement") dated as of this
16 day of July, 2019, the date of execution by the City (the “Effective Date”) is entered into by and between the City
of Dublin, a public body corporate and politic ("City"), D’Amore’s of Dublin, LLC d.b.a. Coach’s Grille (“Tenant” and
“Applicant”), and JJD-HOV Dublin LLC (“Owner").
R E C I T A L S
A. The City has adopted a Small Business Assistance Program (“Program”) in order to provide grants
to certain owners or tenants of eligible buildings to assist with the cost of complying with federal, state and local laws
relating to the Americans with Disabilities Act, Title 24, the City’s trash enclosure requirements, and other legal
obligations imposed on small businesses.
B. Applicant leases space from Owner at certain real property located at 7222 Regional Street,
(A.P.N. 941-0305-023-00) in Dublin CA (the “Site.
C. Applicant has submitted an application to the City pursuant to the Small Business Assistance Grant
Program Guidelines (“Program Guidelines”) for a Small Business Regulatory Compliance Grant for certain
improvements to the Site, and City has determined that Applicant and the Site meet the eligibility criteria for the
Program.
D. City desires to enter into this Agreement because the improvement will better the physical access and/or
health and safety for the public and/or compliance of the Site with regard to local Solid Waste and Recycling
Enclosure Standards, and thereby enhance the economic vitality of commercial businesses, generate additional tax
revenue and economic growth in the City.
E. Applicant desires to enter into this Agreement with City to receive assistance in making certain
improvements to the Site, and City is willing to do so on the terms and conditions set forth in this Agreement.
A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:
Section 1. GENERAL.
1.1 Term. This Agreement shall begin on the Effective Date and expire five (5) years following the
Applicant’s approval of contractor’s notice of completion (“Term”).
Section 2. IMPROVEMENT OF THE SITE.
2.1 Scope of Work. Applicant shall complete the proposed project in accordance with the Scope of
Work attached hereto as Exhibit 1 (the “Project”).
2.2 Small Business Assistance Grant Funds. The City agrees to reimburse to the Applicant a sum
not to exceed forty thousand and sixty-three dollars ($47,063) (the “Grant Amount”), for certain eligible improvements
(the “Eligible Improvements”) as set forth below:
4.9.b
Packet Pg. 143 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 2 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit 2 attached
hereto.
b. All services to be performed by a third-party contractor shall be the subject of agreement between
Applicant and the third-party contractors. The City shall not assume any liability for such agreements.
The Applicant shall submit to the City all invoices from the contractor or contractors for work
performed on the Eligible Improvements in order to receive reimbursement.
c. A representative of the City shall inspect the completed Project after a completion notice has been
submitted to the City.
d. The City will only issue the Grant Amount after the Project has been completed. Upon
determination by the City's representative that the Project has been completed in conformance with
the Scope of Work (Exhibit 1) and the City approvals, the City shall issue a check made payable to
the Applicant in an amount equal to the lesser of the Grant Amount or the actual amount of the
invoices submitted to the City by the Applicant. The City Manager in his or her sole discretion may
issue the Grant Amount at an earlier time than set forth in this Section 2.2(d), if the Applicant can
demonstrate good cause.
e. Any and all costs of the Project including, but not limited to the Eligible Improvements, which are in
excess of the Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant.
2.3 Permits and Approvals. Before commencement of the Project, Applicant shall secure or cause to
be secured any and all permits which may be required by the City and any other governmental agency affected by
such construction or work.
2.4 Commencement of the Project. Within 60 days after the Effective Date, Applicant shall have
selected and authorized one or more contractors to complete the Project, and shall have provided notice to the City
of such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors
to complete the Project within such 60-day period, the City may, at its option, terminate this Agreement upon written
notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in
connection to this Agreement. All contractors performing work on the Project must be licensed in the State of
California.
2.5 Building Permit. A Building Permit must be obtained within six months of the Effective Date. In
the event the Applicant fails to obtain a Building Permit within such six-month period, the City may, at its option,
terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further
rights against or liability to the other in connection to this Agreement. An additional six-month extension may be
approved with the City’s prior written consent.
2.6 Completion of the Project. Applicant shall complete the Project and satisfy all other obligations
and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to
revision from time to time as mutually agreed upon in writing between Applicant and the City Manager, or their
designee. Upon completion, Applicant shall require contractors’ completion notice signed by the contractor. When the
Project is completed as set forth in this Agreement, a notice of completion shall be delivered to and approved by the
Applicant. Notice of completion shall then be delivered to the City as set forth in Section 2.2.
Section 3. INSURANCE REQUIREMENTS.
Before fully executing this Agreement, Applicant, at its own cost and expense, unless otherwise specified
below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or
4.9.b
Packet Pg. 144 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 3 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
damages to property that may arise from or in connection with the performance of the work hereunder by the
Applicant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions,
Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and
under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement.
Applicant shall not allow any contractor to commence work on any subcontract until Contractor has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Applicant shall maintain all required insurance listed herein for the duration
of this Agreement.
3.1 Workers’ Compensation.
3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant’s
contractor(s) shall, at its sole cost and expense, maintain Statutory Workers’ Compensation
Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly
by contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than $1,000,000 per accident. In the alternative, contractor
may rely on a self-insurance program to meet these requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code. Determination of
whether a self-insurance program meets the standards of the California Labor Code shall be solely
in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the
City for all work performed by the Contractor, its employees, agents, and subcontractors.
3.1.2 Submittal Requirements. To comply with Subsection 3.1, Applicant shall submit the
following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the
section for all contractor(s) performing work related to the Project; and
b. Waiver of Subrogation Endorsement as required by the section for all
contractor(s) performing work related to the Project.
3.2 Commercial General and Automobile Liability Insurance Requirements. Before beginning any
work under this Agreement, Applicant and its contractor(s) 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 Applicant or its contractor and its agents, representatives, employees, and subcontractors.
Applicant 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. Applicant shall maintain the insurance policies
required by this section throughout the term of this Agreement. Applicant shall not allow any contractor or
subcontractor to commence work on until Applicant has obtained all insurance required herein for the contractor or
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 the
4.9.b
Packet Pg. 145 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 4 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
Applicant’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 Applicant 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 Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later. All insurance
required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
3.2.1 Commercial General and Automobile Liability Insurance.
3.2.1.1 General requirements. Applicant and all contractors and subcontractors, at their own
cost and expense, shall maintain commercial general and automobile liability insurance
for the term of this Agreement in an amount not less than TWO MILLION DOLLARS
($2,000,000.00) per occurrence, combined single limit coverage for risks associated with
the work contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use
of owned and non-owned automobiles.
3.2.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
3.2.1.3 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 shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Applicant, including the insured’s general
supervision of Applicant; products and completed operations of Applicant;
premises owned, occupied, or used by Applicant; and automobiles owned,
leased, or used by the Applicant. 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 Applicant to comply with reporting provisions of the policy shall not
affect coverage provided to City and its officers, employees, agents, and
volunteers.
4.9.b
Packet Pg. 146 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 5 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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. Applicant shall notify City within 14 days of notification
from Applicant’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
f. For Applicant’s contractors and subcontractors, an endorsement for completed
operations for the construction project, such as the CG 20 37 “Additional
Insured—Owners, Lessees or Contractors—Completed Operations”
endorsement form, shall be submitted by Applicant to the City no later than 30
days after completion of the Project.
3.2.1.4 Submittal Requirements and Verification of coverage. Applicant 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 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.
a. Prior to execution of this Agreement, Applicant shall submit:
Certificate(s) of Commercial General Insurance and Automobile Liability
Insurance; and
Waiver of Subrogation Endorsement.
b. Prior to commencement of the Project as described in Section 2.4., Applicant
shall furnish City with contractor’s certificates of insurance and with original endorsements
effecting coverage required herein.
3.2.1.5 Contractors and Subcontractors. Applicant agrees to include with all contractors or
subcontracts the same requirements and provisions of this Agreement including the
Indemnification and Insurance requirements to the extent they apply to the scope of the
Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound
to Applicant and the City in the same manner and to the same extent as Applicant is
bound to the City under the Contract Documents.
3.2.1.6 Variation. 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 interests are otherwise fully protected.
3.2.1.7 Deductibles and Self-Insured Retentions. 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 containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
3.2.1.8 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
4.9.b
Packet Pg. 147 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 6 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
3.2.1.9 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Applicant shall
provide written notice to City at Applicant’s earliest possible opportunity and in no case
later than five days after Applicant is notified of the change in coverage.
3.2.2 Term of Coverage. Applicant, at its own cost and expense, shall maintain all insurance policies
required by this Agreement for the duration of the Agreement’s Term. Applicant shall require that all contractors and
subcontractors, at their own cost and expense, maintain the insurance policies required by this Agreement until the
Project is complete and the Applicant accepts contractor’s completion notice.
3.2.3. Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain
any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the
exclusive remedy for Applicant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Order Applicant to stop work under this Agreement or withhold any payment that becomes due
to Applicant hereunder, or both stop work and withhold any payment, until Applicant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 4. PREVAILING WAGES.
Applicant shall require any contractors performing work under this Agreement to pay prevailing wages
pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement,
prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as
ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon
which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to
the particular craft, classification, or type of worker employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week and the
actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors
or subcontractors in connection with the Project. The payroll records shall be kept in accordance with the provisions
of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with
requirements of such Section 1776.
Section 5. NONDISCRIMINATION AND EQUAL OPPORTUNITY.
Applicant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious
dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including
cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic
information, gender identity or expression, political affiliation or belief, military/veteran status, or any other
4.9.b
Packet Pg. 148 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 7 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Applicant under this Agreement.
Applicant shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
Section 6. MAINTENANCE COVENANTS.
The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site
or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the
Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from
any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired
immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain
an attractive building appearance, including cleaning all awnings, if any, at least once a year.
The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Project. During
this 60-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it
will not materially alter the improvements made with City funds, without the prior written consent of City which
consent may be conditioned by City to preserve those features to the extent necessary to achieve the objectives of
City for entering into this Agreement. Any violation of this section not cured within 60 days shall entitle City to
reimbursement of the funds granted by City from the person or entity responsible for the violation.
6.1 Improvements Cannot Be Removed by Applicant or Owner Without City’s Consent. All Eligible
Improvements will become permanent fixtures of the property and cannot be removed by Applicant or Owner upon
expiry or termination of the lease or sale of the property. Exceptions can be made with the prior written consent of the
City. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by
City from the person or entity responsible for the violation.
Section 7. GENERAL PROVISIONS.
7.1 Rights of Access. Representatives of the City shall have the reasonable right to access the Site,
without charges or fees, for the purpose of inspecting the Project, including the Eligible Improvements. City (or its
representatives) shall, except in emergency situations, give Applicant reasonable advance notice prior to exercising
its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other
administrative inspections of the Site in accordance with applicable law.
7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all applicable
federal, state and local laws, including Labor Code requirements; City zoning and development standards; building,
plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable
disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section
12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh
Civil Rights Act, Civil Code Section 51, et seq.
7.3 Assignment. Applicant shall have the right to assign all of its rights and obligations under this
Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice
of the assignment.
4.9.b
Packet Pg. 149 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 8 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
7.4 Notices, Demands and Communications between the Parties. Any approval, disapproval,
demand, document or other notice ("Notice") which either party may desire to give to the other party under this
Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid,
personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is
directed at the address of the party as set forth below, or at any other address as that party may later designate by
Notice.
To City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6650
Attention: City Manager
To Applicant: Owner
JJD-HOV Dublin LLC
1690 W. Shaw, Suite 220, Fresno CA 93711
Phone: 559-446-2001
Email: patric.davis@tricommercial.com
Attention: Bryce Hovannisian
Care of: Patric Davis, Property Manager
And
Tenant
D’Amores of Dublin, LLC
9838 Reimers Way, Dublin CA 94568
Phone: 925-487-2857
Email: radiron12@gmail.com
Attention: Robb & Lisa D’Amore
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of
delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused
delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices
sent by a party's attorney on behalf of such party shall be deemed delivered by such party.
7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship
between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be
deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein
or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development,
operation, maintenance or management of the Site or the Eligible Improvements. Applicant agrees to indemnify, hold
harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint
venture between City and Applicant with respect to the development, operation, maintenance or management of the
Site or the Eligible Improvements.
7.6 Integration. This Agreement contains the entire understanding between the parties relating to the
transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings,
4.9.b
Packet Pg. 150 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 9 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
representations and statements, oral or written, are merged in this Agreement and shall be of no further force or
effect.
7.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to become
effective, shall be made in writing and in each instance signed on behalf of each party.
7.8 Conflicts of Interest. No member, official or employee of City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or
association in which he is directly or indirectly interested.
7.9 Applicant's Indemnity; Waiver. Applicant shall indemnify, defend (with counsel reasonably
acceptable to City), protect and hold City, and its officers, employees, agents and representatives, harmless from,
any and all Claims of any kind or nature arising out of the Project or this Agreement or the implementation hereof,
including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable
attorneys’ fees and costs), which may be caused by the work performed under this Agreement or any activities
associated with the Project, whether such activities or work is performed by Applicant or by anyone directly or
indirectly employed or contracted with by Applicant. Applicant's indemnity obligations under this section shall survive
termination of this Agreement. Applicant's indemnity obligations under this section shall not extend to claims,
demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the active
negligence or willful misconduct of the City, or its officers, employees, agents or representatives.
Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers,
agents and representatives, from any and all present and future Claims arising out of or in any way connected with
this Agreement, the performance of the work, or Applicant's obligation to comply with all laws with respect to the
work.
7.10 Non-liability of Officials and Employees of City. No member, official or employee of the City
shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for
any amount which may become due to Applicant or its successors, or on any obligations under the terms of this
Agreement.
7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws principles,
shall govern the interpretation and enforcement of this Agreement.
7.12 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the City
and Applicant and no other third party shall have any right of action under this Agreement.
4.9.b
Packet Pg. 151 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
4.9.b
Packet Pg. 152 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 11 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
EXHIBIT NO. 1
SCOPE OF WORK
PROJECT
4.9.b
Packet Pg. 153 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Small Business Assistance Grant Program Agreement Page 12 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
EXHIBIT NO. 2
ELIGIBLE IMPROVEMENTS
Applicant is the business owner of Coach’s Grille restaurant and the tenant of that certain real property located at
7222 Regional Street, Dublin CA and shall improve the trash enclosure area as outlined below and in the rendering
provided as Exhibit 1:
Modify the existing trash enclosure and build a new outer trash enclosure to accommodate a third bin and
meet requirements
Remove curb/dirt bed in alley and install concrete bollards
4.9.b
Packet Pg. 154 Attachment: 2. Exhibit A to the Resolution - Small Business Assistance Program Agreement between the City of Dublin, D'Amore's of Dublin,
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Delegation of Authority During Council Recess - Imagine Playground
Contracts
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications and delegating
authority to the City Manager to award contracts for the Imagine Playground Project,
CIP No. PK0518, during the City Council recess between July 17, 2019 and August 19,
2019. Actions taken during the City Council recess will be reported to the City Council
at the August 20, 2019 regularly scheduled meeting.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Delegating Authority
to the City Manager to Award Contracts for the Imagine Playground Project, CIP No.
PK0518, During the City Council Recess, July 17, 2019, to August 19, 2019.
FINANCIAL IMPACT:
As approved in the 2018-2023 Capital Improvement Program (CIP), the total budget for
the Imagine Playground at Dublin Sports Grounds project is $4,000,000 of General
Fund (Attachment 1). Contract awards are limited to the available funds within the CIP
budget.
DESCRIPTION:
The Imagine Playground at Dublin Sports Grounds project, CIP No. PK0518, consists of
removing and properly disposing of existing landscaping/irrigation, hardscape, portions
of the parking lot, playground, picnic area, concession/restroom building, associated
amenities and construction of new site improvements for an all-abilities playground
including a new concession/restroom building at the Dublin Sports Grounds. On
February 19, 2019, City Council approved the concept design (Attachment 2). The final
site plan (Attachment 3) is consistent with the concept plan, with the exception that the
new concession/restroom building was moved to the west side of the playground area
4.10
Packet Pg. 155
Page 2 of 3
which is closer to where the existing concession/restroom building is located.
Due to the specialty nature of the specific play equipment for users at all-abilities, the
playground safety surfacing, and the use of pre-engineered concession/restroom
building, a multi-prime project delivery method is being used for this project.
Multi-prime project delivery will have the City contract directly with the contractor for the
site demolition and site improvements, and contract directly with a specialty contractor
for the playground equipment and safety surfacing and a specialty contractor for the
concession/restroom building. This delivery method differs from the traditional design -
bid-build method, where the City would contract with one general contractor, who would
then subcontract with the specialty contractors. From the initial concept design phase,
Staff and the design consultants have been working closely with Specified Play
Equipment Co. (SPEC) on the playground equipment and safety surfacing and with
Romtec, Inc. on the concession/restroom building. As such, Staff believes it is best to
use a multi-prime delivery method, contract directly with SPEC and Romtec, Inc. for
their specialties, and contract directly with a third contractor for the site demolition and
site improvements.
The project plans and specifications for the site demolition and site improvements were
completed in June 2019. The project will solicit competitive bids on July 8, 2019. Bids
are scheduled to be received, opened, and publicly read aloud on Tuesday, July 30,
2019. Bid results, references, and necessary licenses will be reviewed by Staff. If City
Council delegates authority to award the contract and if a responsive bid is received
within the estimated construction cost estimate of $1.25 to $1.35 million, Staff will then
recommend the City Manager award the construction contract be awarded to the lowest
responsive bidder.
Ideally, assuming no bid protests are received, a contract could be awarded on August
5, 2019. Doing this will allow the project to continue progressing towards construction
without having to wait until the City Council meeting of August 20, 2019.
Delegation of Authority
Dublin Municipal Code, Chapter 2.36 Contracts and Purchasing, requires that the City
Council approve any contracts for public projects that exceed $100,000. However,
Dublin Municipal Code, Section 2.04.190, states: “It shall be the duty of the City
Manager to perform such other duties and exercise such other powers as may be
delegated from time to time by ordinance or other official action of the City Council .”
Therefore, Staff recommends that the City Council exercise its authority and approve a
resolution to delegate its approval in Sections 2.36.160 and 2.36.090 to the City
Manager, provided the bids come in within the budget pre -approved by the City Council
and that all other competitive bidding procedures are satisfied.
If City Council delegates authority, a report summarizing actions that occurred during
City Council recess will be included in the agenda for the August 20, 2019, City Council
meeting. If a construction contract is awarded during City Council recess, the August
20, 2019, report will also include requests that City Council approve purchase
4.10
Packet Pg. 156
Page 3 of 3
agreements with SPEC and Romtec, Inc., for the acquisition of the playground
equipment and safety surfacing and the concession/restroom building, and for contract
change order authority for the Imagine Playground at Dublin Sports Grounds project.
This project is exempt under Section 15301 (Existing Facilities) and 15302
(Replacement or Reconstruction) of the California Environmental Quality Act (CEQA)
Guidelines.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. PK0518 - Imagine Playground at Dublin Sports Grounds
2. Imagine Playground Concept Plan
3. Imagine Playground - Site Plan & Play Equipment Plan
4. Resolution Approving Plans and Specifications and Delegating Authority to City
Manager for Imagine Playground Construction Contract
4.10
Packet Pg. 157
Number PK0518 Program PARKS
PRIOR
YEARS
2018-2019
BUDGET 2019-2020 2020-2021 2021-2022 2022-2023
FUTURE
YEARS
ESTIMATE TOTALS
9100 $4,362 $85,762 $48,400 $138,524
9200 $298,000 $76,600 $374,600
9400 $1,576,876 $1,875,000 $3,451,876
9500 $35,000 $35,000
$4,362 $1,995,638 $2,000,000 $4,000,000
PRIOR
YEARS
2018-2019
BUDGET 2019-2020 2020-2021 2021-2022 2022-2023
FUTURE
YEARS
ESTIMATE TOTALS
1001 $4,362 $1,995,638 $2,000,000 $4,000,000
$4,362 $1,995,638 $2,000,000 $4,000,000
ANNUAL OPERATING IMPACT
FUNDING SOURCE
IMAGINE PLAYGROUND AT DUBLIN SPORTS GROUNDS
2018-2023 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
Salaries & Benefits
Contract Services
Improvements
Miscellaneous
TOTAL
TOTAL
General Fund
PROJECT DESCRIPTION
This project provides for the installation of a new all-abilities playground, replacing the existing playground, and for the replacement of the restroom and picnic
facilities at the Dublin Sports Grounds located at Dublin Boulevard and Civic Plaza. City Council approved the concept design on February 19, 2019.
Construction will begin in 2019.
This project is funded with a General Fund reserve designation.
ANNUAL OPERATING IMPACT:None.
MANAGING DEPARTMENT: Public Works
4.10.a
Packet Pg. 158 Attachment: 1. PK0518 - Imagine Playground at Dublin Sports Grounds (Delegation to Award
23
16
15
18
18
19
21
24
ALL-ABILITIES PLAYGROUND DUBLIN, CALIFORNIA
JANUARY 2019
PREFERRED PLAN - CONCEPT B
RESTROOM/
CONCESSION
0 5 10 20
1
1
2
6
3
7
4
8
5
Entry Plaza
Art
5-12 Net Climber
Hammocks
Musical Zone
5-12 Play Structure
Seesaw
Spinning Zone
Roller Table
5-12 Swing
2-5 Swing
2-5 Play Structure
Sand Play
Toddler Zone
Fitness Zone
Restroom/Concession
Fencing
Benches
Seatwalls
Group Picnic with Shade
Picnic Zone
Existing Trees to Remain
Proposed Trees
Sensory Path
Gated Entries to Play Area
LEGEND
9
10
2
4
5
6
7 8
9 10
11
12
13
143
20
11
12
13
14
15
16
17
18
19
20
21
22
23
17 22
24
ART
4.10.b
Packet Pg. 159 Attachment: 2. Imagine Playground Concept Plan (Delegation to Award Construction Contract Imagine Playground at Dublin Sports Grounds)
ALL-ABILITIES PLAYGROUND DUBLIN, CALIFORNIA
JANUARY 2019
PREFERRED PLAN - 5-12 NET CLIMBER
4.10.b
Packet Pg. 160 Attachment: 2. Imagine Playground Concept Plan (Delegation to Award Construction Contract Imagine Playground at Dublin Sports Grounds)
ALL-ABILITIES PLAYGROUND DUBLIN, CALIFORNIA
JANUARY 2019
PREFERRED PLAN - 2-5 STRUCTURE
4.10.b
Packet Pg. 161 Attachment: 2. Imagine Playground Concept Plan (Delegation to Award Construction Contract Imagine Playground at Dublin Sports Grounds)
ALL-ABILITIES PLAYGROUND DUBLIN, CALIFORNIA
JANUARY 2019
PREFERRED PLAN - RENDERING B
4.10.b
Packet Pg. 162 Attachment: 2. Imagine Playground Concept Plan (Delegation to Award Construction Contract Imagine Playground at Dublin Sports Grounds)
1AC
ACAC
AC XXX
X
XX16.2253
Record DrawingsRevisions19
IANROFILA
C
82
N
L
IF
CITY O UBD
2671 CROW CANYON RD. SAN RAMON, CA 94583
T 925.736.8176 www.dgates.com
G AT E S
A S O C I ATE SS
LANDSCAPE ARCHITECTURE
LAND PLANNING URBAN DESIGN
PK0518
28
L2.4PLAY EQUIPMENT PLAN1"=10'-0"
4.10.c
Packet Pg. 163 Attachment: 3. Imagine Playground - Site Plan & Play Equipment Plan (Delegation to Award Construction Contract Imagine Playground at Dublin Sports Grounds)
RESOLUTION NO. - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICAITONS AND DELEGATING AUTHORITY TO THE
CITY MANAGER OR HIS DESIGNEE TO AWARD A CONSTRUCTION CONTACT FOR
IMAGINE PLAYGROUND, PROJECT CIP NO. PK0518 AND EXECUTE AGREEMENT ON
BDEHALF OF THE CITY OF DUBLIN DURING THE CITY COUNCIL’S ANNUAL
SCHEDULED RECESS FROM JULY 17, 2019 THROUGH AUGUST 19, 2019
WHEREAS, the design team has completed the plans and specifications for the Imagine
Playground at Dublin Sports Grounds Project, CIP No. PK0518 (“Project”) which plans and
specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and,
WHEREAS, City Council will be in recess from July 17, 2019 through August 19, 2019;
and
WHEREAS, City staff Staff is aware of specific actions that will be needed for the on-
going project Project during City Council recess; and.
WHEREAS, City Council will be exercising authority pursuant to Section 2.04.190 of the
Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin
Municipal Code to the City Manager, provided the bids come in within the budget pre -approved
by the City Council and that all other competitive bidding procedures are satisfied.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the plans and specifications for the Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Dublin does hereby authorize the City Manager or designee to consider, approve, award, and
execute the contract and other associated administrative matters needed for the on-going
project Project within existing budgetary appropriations during the City Council’s scheduled
recess.
BE IT FURTHER RESOLVED that the City Manager shall report to the City Council
regarding the actions taken under this resolution at the September 3August 20, 2019 City
Council meeting.
PASSED, APPROVED AND ADOPTED this 16th day of July , 2019, by the following
vote:
AYES:
NOES:
ABSENT:
Formatted: Indent: First line: 0.5"
4.10.d
Packet Pg. 164 Attachment: 4. Resolution Approving Plans and Specifications and Delegating Authority to City Manager for Imagine Playground Construction
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.10.d
Packet Pg. 165 Attachment: 4. Resolution Approving Plans and Specifications and Delegating Authority to City Manager for Imagine Playground Construction
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approve Wesco Graphics, Inc., Contract Agreement
Prepared by: Shari Jackman, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider the approval of a two -year agreement with Wesco
Graphics, Inc., for the printing and distribution of the City's newsletters and activity
guides.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Two-Year Agreement with Wesco Graphics, Inc.,
and Authorizing the City Manager to Procure Services in Excess of $45,000.
FINANCIAL IMPACT:
Funding for these contracted expenditures in Fiscal Year 2019-20 is included in the
Fiscal Year 2019-20 General Fund Budget, and future costs will be included in the
annual budget process. The agreement covers Activity Guide printing through June 30,
2021 as well as Annual Report and City Report printing through June 30, 2021.
DESCRIPTION:
The City has worked for several years with Wesco Graphics, Inc., in the printing of the
City's four annual Activity Guides and the Annual Report and City Report. The City has
been pleased with the quality and service received; however, the Competitive Bidding
policy requirements (Dublin Purchasing Ordinance Section 2.36.100) requires pricing
quotes from a minimum of three sources.
The City requested quotes for services from three companies and received responses
from the following printers:
1. Wesco Graphics, Inc.
2. Fong and Fong Printers and Lithographers
3.James Allyn Printing, Mailing, and Fulfillment Company
4.11
Packet Pg. 166
Page 2 of 2
The quote from Wesco Graphics, Inc., for two years of service was $96,698.59; Fong
and Fong Printers provided a quote of $155,469; and James Allyn Printing quoted
$296,323.81.
Chapter 2.36 of the Dublin Municipal Code also requires City Council approval for
procurement of goods and services in excess of $45,000 (DMC 2.36.090). As such,
Staff is requesting that the City Manager be given the authority to purchase pri nting
services through Wesco Graphics, Inc., in excess of $45,000 as needed, and as budget
is available.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving Agreement with Wesco Graphics, Inc.
4.11
Packet Pg. 167
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE AGREEMENT WITH WESCO GRAPHICS, INC.
WHEREAS, the City of Dublin requires printing services for its City Report, Annual
Report, and seasonal Activity Guides; and
WHEREAS, Staff conducted a Request for Quotes for such services and evaluated
proposals from three service providers; and
WHEREAS, Staff selected Wesco Graphics, Inc. as the vendor with the least-expensive
proposal and the proposal that most closely matches the City’s needs; and
WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council
approval of supplies and equipment with a cost greater than or equal to forty-five thousand
dollars ($45,000).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement with Wesco Graphics, Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement and make any necessary changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of July 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.11.a
Packet Pg. 168 Attachment: 1. Resolution Approving Agreement with Wesco Graphics, Inc. (Print Services Agreement)
Page 1 of 6
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Study Session: Hotel Site Development Review at Corrie Center Site
(PLPA-2019-00019, -20, -21)
Prepared by: Amy Million, Principal Planner and Hazel L. Wetherford,
Economic Development Director
EXECUTIVE SUMMARY:
The City Council will hold a study session on a proposed hotel development in
Downtown Dublin and provide feedback and direction on a Com munity Benefit
Agreement. The applicant, Jerry Hunt of Rubicon Property Group, is seeking to develop
a hotel on a portion of a 4.5-acre site located at 7944-7950 Dublin Boulevard
(commonly known as the Corrie Center) within the Downtown Dublin Specific Plan
Transit Oriented District. The feedback received at this meeting will be used to prepare
a comprehensive application submittal for entitlements and the preparation of a
Community Benefit Agreement.
STAFF RECOMMENDATION:
Receive presentations by Staff and the applicant and provide feedback regarding the
proposed development and negotiated deal points for a Community Benefit Agreement.
FINANCIAL IMPACT:
All costs related to this Study Session and the processing of this project application are
borne by the applicant.
DESCRIPTION:
Background
The 4.5-acre project site is located at 7950 Dublin Boulevard at the intersection of
Dublin Boulevard and San Ramon Road as shown in Figure 1 below. The project site
shares a parking field and street access with Earl Anthony’s Dublin Bowl, a two-story
office building on Regional Street and a single -story multi-tenant retail building on
Dublin Boulevard. I-580 abuts the property to the south. Access to the site is either from
Dublin Boulevard or Regional Street through the parking field. The project site currently
8.1
Packet Pg. 169
Page 2 of 6
includes the Corrie Center Office building centrally located on the parcel and a surface
parking lot on the southern end of the parcel. The Hooter’s restaurant is located to the
north of the office building and is not part of this project, except for the parcel on which it
is located will be adjusted to include the office building as part of the proposed lot line
adjustment.
Figure 1: Project Location
This subject property is located in the Transit-Oriented District of the Downtown Dublin
Specific Plan (DDSP) as shown in Figure 2.
Figure 2: Transit-Oriented District/Vicinity Map
The DDSP provides a list of permitted uses, development standards and design
guidelines for all development within the Plan area. The DDSP identifies a base and a
maximum building density in the form of a floor area ratio (FAR). The base FAR is
allowed outright and a maximum FAR that can be achieved by providing a community
benefit. For the Transit-Oriented District the base FAR is .50 and the maximum FAR is
1.2. If a property owner would like to develop a project beyond the base FAR, they may
8.1
Packet Pg. 170
Page 3 of 6
obtain additional square footage up to the maximum FAR by drawing on the
Development Pool and in exchange entering into a commu nity benefit agreement. The
DDSP identified a pool of 1,145,050 square feet of non -residential development that
may be constructed in the Transit-Oriented District. In the Transit-Oriented District, the
developer must provide a benefit to the community fo r use of the additional square
footage. No square footage has been drawn from the pool in the TOD since
establishment of the pool.
Proposed Project
The applicant proposes to construct a new hotel on the south end of the parcel. The
entitlements for the project are anticipated to include a Site Development Review (SDR)
Permit for the hotel, a minor use permit for shared parking (between the office and
hotel), lot line adjustment and Community Benefit Agreement. The applicant will also be
submitting a Site Development Review application for renovations to the Corrie Center
office building, which will be handled as a staff -level approval. Any references in
tonight’s study session regarding the office building are merely for context as it relates
to the City Council’s consideration of the hotel project.
The applicant has prepared a conceptual site plan and elevations of the proposed
project (Attachments 1 and 2). The architectural concept for the development is
contemporary with simple form, clean lines and material changes to enhance the
architecture. The two primary components of the project are described in more detail
below:
Hotel
A Site Development Review Permit has been requested for an 89,700 square foot, 138
room, four-story hotel on an approximately 78,000 square foot parcel. The hotel is
designed on top of a two-story parking garage resulting in a six-story building measuring
approximately 69 feet to the top of the parapet.
The overall building composition includes architectural forms and materia ls that
complement the style and character of the remodeled Corrie Center Office building
(described more below for context). The architecture is more contemporary with simple
lines which are accented through various color and material changes.
The main entry and arrival court would be located on the east side of the building
leading into the lobby. Two access driveways to the parking garage are located on
either side of the arrival court. The hotel room and amenity spaces are located on levels
3 through 6. The southwest area of level 3 features the outdoor pool and terrace.
Primary vehicular access to the hotel site would be through the drive aisles in the
existing parking lot connecting to Dublin Boulevard and Regional Street.
The following is an overview of the DDSP Development Standards for the Transit-
Oriented District and a comparison to the proposed project.
8.1
Packet Pg. 171
Page 4 of 6
Table 3. Overview of DDSP Development Regulations
Development
Regulation
Standard Proposed
(Office
Building)
Proposed
(Hotel)
Density Range .5 base FAR
1.2 max FAR
No change 1.12 FAR
Building Height 8 floors / 90 feet No change 6 floors / 68’-10”
Setbacks:
Dublin Blvd / San
Ramon Rd
Interior
I-580 Freeway
10 feet min.
5 feet min.
10 feet min.
No change
70 feet
10 feet
57 feet
Parking 165 (hotel)
222 (office building)
277 177
Corrie Center Office Building Remodel – Staff Level Approval (Reference Only)
As previously stated, the applicant will also be requesting a Staff -level Site
Development Review to remodel the exterior of the existing Corrie Center Office
building. The existing three-story building, constructed in 1980, is an architectural
example of the time. It is designed with prominent support columns evenly spaced along
all façades. The ground floor is recessed, allowing the second floor to cantilever
creating an overhang for the ground floor entrances. A set of three vertically oriented
windows are spaced evenly between each of the support columns on the second and
third floors. The top of the building is articulated with a large mansard roof.
As part of the remodel, the ground floor is proposed to be pushed out to align with the
second and third floors of the building. Exterior entrances to the ground floor are
removed and the entrances to each office spaces would be centralized through a new
interior lobby accessible from the east and west sides of the building. To accommodate
the reconfiguration of the office space, the building is also undergoing an extensive
interior remodel, which is not subject to Site Development Review.
The building’s two entrances are also being refreshed with more contemporary
architecture to accommodate the new roofline. The stucco building is being updated
with new paint, an aluminum storefront system and metal awnin gs.
Community Benefit Agreement
As previously discussed, the applicant must provide a benefit to the community to
acquire additional square footage beyond the base FAR. The community benefit can
come in the form of an improvement, payment or amenity des irable to the City Council
in or for the benefit of the Downtown area.
The applicant and City Staff have discussed the terms of the proposed Community
Benefit Agreement as follows:
8.1
Packet Pg. 172
Page 5 of 6
• The applicant would receive an allocation of up to 50,700 square feet fr om the
Downtown Dublin Specific Plan Development Pool for the Hotel development. In
exchange for the allocation of development capacity, the 13 8-room Hotel will
supply approximately 50 new full-time jobs to the community and generate new
Transient Occupancy Tax (TOT) revenue to the City. The hotel development
could yield an estimated annual TOT of $450,000 or $2.5 million over five years.
This estimate is based on an average occupancy rate of seventy-five percent and
an average daily rate of $158.
• The applicant is also proposing to enhance the streetscape for the drive aisle (in
between the Hooter’s building and the Video Only building) into the property from
Dublin Boulevard creating a more welcoming and inviting corridor into the
property. The enhancements would include a new uniform landscape plan, slurry
and striping. These enhancements would provide a fresh look and feel of a city
street into the property. Additionally, the applicant is working in good faith with
the three adjacent property owners to improve the easements in hopes of
adopting a streetscape improvement plan for the drive aisle from Regional Street.
• Lastly, the applicant has agreed to the design, construction and installation of a
new Downtown Dublin monument sign to be located on the cor ner of San Ramon
Road and Dublin Boulevard This monument sign would add an entryway sign
identifying the Downtown as you enter from the west side of the city. The
estimated cost for the design, construction and installation for the sign is
$200,000.
Next Steps
Staff is requesting that the City Council provide the applicant with feedback and
direction regarding the proposed project and the negotiated community benefit deal
points. Based on the feedback from the City Council, Staff will continue to work with the
applicant on project details and the preparation of a complete application for a Site
Development Review Permit, Minor Use Permit and Lot Line Adjustment for
consideration and action by the Planning Commission. A Community Benefit Agreement
will be brought forward to the City Council for consideration after the Planning
Commission acts on the entitlement application.
Staff is recommending that the City Council authorize Staff to prepare the Community
Benefit Agreement that contains the deal points as described in this staff report. The
Community Benefit Agreement will be brought to the City Council for consideration only
upon Planning Commission approval of the project. If the project does not move
forward, or the project is not approved, the 50,700 square feet will not be allocated from
the Development Pool and the Community Benefit Agreement will not be approved.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Although a public notice is not required, the City mailed a notice to all property owners
and occupants within 300 feet of the proposed project. A public notice was published in
8.1
Packet Pg. 173
Page 6 of 6
the East Bay Times and posted in the designated posting places. A copy of this Staff
Report was provided to the applicant and was made available on the City’s website.
ATTACHMENTS:
1. Proposed Hotel Project Plans
2. Office Building Facade Remodel Plans (Reference Only)
8.1
Packet Pg. 174
A R C H I T E C T U R E
1725 VILLAGE CENTER CIRCLE, SUITE 110
LAS VEGAS NV 89134 T. 702 403-1575
WWW.DESIGN-CELL.COM
HOTEL
7950 DUBLIN BLVD. DUBLIN, CA
ENTITLEMENT PACKAGE
JUNE 10, 2019
SHEET INDEX
COVER SHEET
DR-1.1 SITE PLAN / SITE DATA
DR-1.2 SITE SECTION
DR-2.1 FLOOR PLAN - LEVEL 1
DR-2.2 FLOOR PLAN - LEVEL 2
DR-2.3 FLOOR PLAN - LEVEL 3
DR-2.4 FLOOR PLAN - LEVEL 4-6 (TYP.)
DR-3.1 BUILDING ELEVATIONS
DR-3.2 BUILDING ELEVATIONS
DR-3.3 MATERIAL BOARD
DR- 4.1 ROOF PLAN
DR-5.1 HOTEL 3D VIEWS
DR-5.2 HOTEL 3D VIEWS
DR-6.1 CODE ANALYSIS
DR-6.2 EGRESS PLAN- LEVEL 1
DR-6.3 EGRESS PLAN- LEVEL 2
DR-6.4 EGRESS PLAN- LEVEL 3
DR-6.5 EGRESS PLAN- LEVEL 4-6
C1- COVER SHEET
C2 - EXISTING CONDITIONS
C3 - SECTIONS
C4 - PRELIMINARY GRADING PLAN
C5 - PRELIMINARY UTILITY PLAN
C6 - EROSION CONTROL PLAN
C7- STORM WATER QUALITY CONTROL PLAN
C8- AUTO TURN ANALYSIS
L-1 PRELIMINARY LANDSCAPE PLAN
L-2 LANDSCAPE IMAGES, PLANT LEGEND AND
PLANT IMAGES
L-3 PLANT IMAGES - SUN
L-4 PLANT IMAGES - SHADE
8.1.a
Packet Pg. 175 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
A D
C O (2 )
C O
2"UNKPIPEEB
EV
B F P (2 )
T
T
U B (L ID C O L L A P S E D )W.I. FENCEEB
UBCL 3' DR363364363366
366
366
368364364367362
3 6 4
364
3 6 6 364362
3633 63
3 6 2
U B
UKD
TV TVTV TV
TVTV
TV
TVTVTV TV
F M H
FOFOFOFO
FO
FO363.91 FL-FC365.37 FL-FC366.00 FL-FC366.33 FL-FC366.17 FL-FC361.18 FL-FC361.40 FL-FC361.64 FL-FC363.99 LIP364.68 LIP366.35 LIPTTTTTT
EVEBTSBTSBTSB
EV
EVEVSLBEBTSBEVSLBEBWMWM3653653653 6 5365
3653 6 5N69°08'15"E245.67'G.A.2"G
2"G2"G
E
E
E
E
EEEEE
E EEEW M 'SW M (2 )
8"W
12"W12"W12"W8"W 8"W W8"W 8"WW6"FS(P)2"W(P)8"SS4"SS6"SS
4"SS4"SS12"SD18"SD 18"SD18"SDSD(P)48"SD 15"SD15"SD15"SD2"SDCOCO
8.0'
NEW TREE WELL, TYP.
0.82%
T CAVCAVCAV CAVCAV CAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAV
1
DR-1.2
LOADING12'-0"
PROPERTY LINE
2 STORY PARKING STRUCTURE AND
4 STORY HOTEL ON TOP
PARKING
LIGHTING, TYP.
26'-0"
TRASH
ENCLOSURE
SAN RAMON RD
DN
DN
OFFICE BUILDINGDUBLIN BLVD.30'-50' FIRE TRUCK
RADIUS
HOTEL
ENTRANCE
LOBBY
PORTE
COCHERE
LINE OF BUILDING
OVERHANG ABOVE
ACCESSIBLE PATH
EXISTING
BUILDING
ELECTRICAL
MECHANICAL
PROPOSED
TRANSFORMER
PROPOSED
GAS METER
2FT.
OVERHANG
EXISTING ACCESS
TO ADJACENT
PROPERTY
GENERATOR
ACCESSIBLE PATH30'-0"PROPOSED
PROPERTY LINE
27'-0"9'-5 1/2"22'-3 1/2"4
0
'-
9
1
/
2
"
10'-0"
FIRE ACCESS
ROAD (APPROVED
ALL WEATHER
ACCESS)
3
2
7
4
7
2'-9"
EXISTING TRASH
ENCLOSURE 7 SPACES63'-0"7'-0"2 SPACES18'-0"6'-0"3 SPACES27'-0"4 SPACES32'-0"8'-0"7 SPACES56'-0"2 SPACES
18'-0"
2
24'-0"
24'-0"
2 4 '-0 "TYP.
20'-0"TYP.9'-0"2'-0"
TYP.
17'-0"TYP.8'-0"9'-0"17'-0"2'-0"LIGHT BOLLARD, TYP.MAX.36"5'-0"5'-0"5'-0"24'-0"DNUPUP 5'-0"VICINITY MAP
PROPOSED SITE
PROJECT SUMMARY
THIS PROJECT CONSISTS OF SITE DEVELOPMENT FOR:
- 2 STORY PARKING STRUCTURE AND 4 STORY, 138 KEYS HOTEL ABOVE IT.
PARKING CALCULATIONS
USE:
REQUIRED:
PROVIDED:
HOTEL / MOTEL
1 SPACE PER GUESTROOM, PLUS 1 PER 250 SQ. FT. OF
OFFICE, 1 PER 100 SQ. FT. OF EATING AND DRINKING
FACILITY, AND 1 PER EMPLOYEE ON THE LARGEST SHIFT
(PER DUBLIN MINICIPAL CODE)
HOTEL 1: 1 (138) = 138 SPACES
OFFICE 750 SF:250= 3 SPACES
EATING- 1,400 SF:100= 14 SPACES
10 EMPOYEES= 10 SPACES
TOTAL: 165 SPACES REQUIRED
PARKING GARAGE:
152 SPACES
ON-SITE PARKING:
25 SPACES (HOTEL)
EXISTING PARKING REMOVED ON SITE: 155
REPLACED WITH :
TOTAL : 178 PARKING SPACES
INCL. 35 COMPACT SPACES
4 ACCESSIBLE AND 1 VAN
16 CVPE
12 EV
TOTAL 24 NEW PARKING SPACES PROVIDED
EXISTING ON SITE PARKING 175
NEW HOTEL PARKING 178
TOTAL SITE PARKING: 353
BICYCLE PARKING 10 SHORT TERM & 10 LONG TERM
BICYCLE SPACES PROVIDED. A R C H I T E C T U R E 1725 VILLAGE CENTER CIRCLE #110 LAS VEGAS, NV 89134. T. 702 403-1575 WWW.DESIGN-CELL.COMPRELIMINARY DESIGN
V12
DR-1.1HOTEL 7950 DUBLIN BLVD. DUBLIN, CA2 STORY PARKING GARAGE & 4-STORY HOTEL,138 GUESTROOMSSITE PLAN / SITE
DATA
PROJECT NUMBER: 18 048
06/10/2019
N 1" = 30'-0"1 SITE PLAN
SITE SUMMARY
DESCRIPTION INFORMATION / REQUIREMENT COMPLIANCE
# APN 941-1500-037-00
ADDRESS 7950 DUBLIN BLVD
JURISDICTION CITY OF DUBLIN, CA
ZONING CLASSIFICATION DDZD DOWNTOWN DUBLIN ZONING
DISTRICT
PLANNED LAND USE C-1 RETAIL COMMERCIAL
HOTEL USE ALLOWED YES Y
# OF PARKING STALLS
REQUIRED
REFER TO CODE FOR DETAIL Y
SIZE OF PARKING STALLS
REQUIRED
9' x 20' Y
MAX BUILDING HEIGHT 65'-0" Y
FIRE ACCESS REQUIRED 26'-0" DRIVEWAY Y
STREET SETBACK FROM
DUBLIN BOULEVARD AND
SAN RAMON ROAD
10'-0" Y
STREET SETBACK FROM
OTHER STREETS
5'-0" Y
INTERNAL SETBACK 0'-0" Y
NOTE :
ACTUAL BUILDING AREA (GROSS)
(HOTEL & PARKING GARAGE BUILDING)
LEVEL AREA
LEVEL 1 38,893 SF
LEVEL 2 19,797 SF
LEVEL 3 22,241 SF
LEVEL 4 21,615 SF
LEVEL 5 21,615 SF
LEVEL 6 21,615 SF
145,776 SF
AREA CALCULATIONS
NAME AREA PERCENTAGE
HARDSCAPE 9450 SF 24%
LANDSCAPE 9150 SF 23%
PARKING 21160 SF 53%
39760 SF 100%
TOTAL HOTEL ON SITE PARKING
PROVIDED
TYPE COUNT
8' x 17' - 90 deg COMPACT 11
9' x 17' - 90 deg COMPACT 2
9' x 20' - 90 deg 12
25
TOTAL GARAGE PARKING PROVIDED
TYPE COUNT
8' x 17' - 90 deg COMPACT 24
9' x 20' - 90 deg 96
9' x 20' - 90 deg (ACCESSIBLE VAN) 1
9' x 20' - 90 deg (ACCESSIBLE) 4
9' x 20' - 90 deg CVPE 6
9' X 20' - 90° (ACCESSIBLE/EV CHARGING) 2
133
8.1.a
Packet Pg. 176 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
A R C H I T E C T U R E 1725 VILLAGE CENTER CIRCLE #110 LAS VEGAS, NV 89134. T. 702 403-1575 WWW.DESIGN-CELL.COMPRELIMINARY DESIGN
V12
DR-5.1HOTEL 7950 DUBLIN BLVD. DUBLIN, CA2 STORY PARKING GARAGE & 4-STORY HOTEL,138 GUESTROOMSHOTEL 3D VIEWS
PROJECT NUMBER: 18 048
06/10/2019
3D SOUTH WEST VIEW1
3D EAST VIEW2
8.1.a
Packet Pg. 177 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
A R C H I T E C T U R E 1725 VILLAGE CENTER CIRCLE #110 LAS VEGAS, NV 89134. T. 702 403-1575 WWW.DESIGN-CELL.COMPRELIMINARY DESIGN
V12
DR-5.2HOTEL 7950 DUBLIN BLVD. DUBLIN, CA2 STORY PARKING GARAGE & 4-STORY HOTEL,138 GUESTROOMSHOTEL 3D VIEWS
PROJECT NUMBER: 18 048
06/10/2019
3D WEST VIEW
3D SOUTH VIEW1
2
8.1.a
Packet Pg. 178 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
LEVEL 1
0'-0"
LEVEL 2
10'-0"
LEVEL 3
22'-0"
LEVEL 4
34'-0"
T.O. ROOF SHTG
63'-10 1/2"
LEVEL 5
44'-0"
LEVEL 6
54'-0"9'-10 1/2"10'-0"10'-0"12'-0"12'-0"10'-0"70' MAX.T.O. PARAPET #2
68'-10 1/2"
T.O. PARAPET #1
66'-4 5/8"
FC1 PT1 FC2 PT1 FC3FC1FC2FC3FC3
C PROPOSED GAS METER TO ROOF STRUCTURE64'-0"14'-4"15'-6"19'-5"LEVEL 1
0'-0"
LEVEL 2
10'-0"
LEVEL 3
22'-0"
LEVEL 4
34'-0"
T.O. ROOF SHTG
63'-10 1/2"
LEVEL 5
44'-0"
LEVEL 6
54'-0"15'-6"T.O. PARAPET #2
68'-10 1/2"
T.O. PARAPET #1
66'-4 5/8"10'-0"12'-0"12'-0"10'-0"10'-0"9'-10 1/2"2'-6 1/8"2'-5 7/8"70'-0" MAXPT1 FC2
FC2
FC3
FC3PT1 TO ROOF STRUCTURE64'-0"EXTERIOR FINISH LEGEND
C PAINTED CONCRETE, SHERWIN - WILLIAMS
PEPPERCORN SW 7674
FC2 FIBER CEMENT CLADDING NICHIHA VINTAGE WOOD
CEDAR
DESCRIPTIONIDSYMBOL
PT1 EIFS, PAINTED METAL, SHERWIN- WILLIAMS TOQUE
WHITE SW 7003
FC3 FIBER CEMENT PANEL SYSTEM, REVEAL PANEL BY
JAMES HARDIE STORMY GRAY
FC1 FIBER CEMENT PANEL SYSTEM, REVEAL PANEL BY
JAMES HARDIE NANTUCKED GRAY
MTL1 METAL, PAINTED SHERWIN - WILLIAMS PEPPERCORN SW
7674
A R C H I T E C T U R E 1725 VILLAGE CENTER CIRCLE #110 LAS VEGAS, NV 89134. T. 702 403-1575 WWW.DESIGN-CELL.COMPRELIMINARY DESIGN
V12
DR-3.1HOTEL 7950 DUBLIN BLVD. DUBLIN, CA2 STORY PARKING GARAGE & 4-STORY HOTEL,138 GUESTROOMSBUILDING
ELEVATIONS
PROJECT NUMBER: 18 048
06/10/2019
3/32" = 1'-0"2 SOUTH ELEVATION
3/32" = 1'-0"1 EAST ELEVATION
PROTECTIVE OPENINGS CALCULATION.
FIRE SEPERATION DISTANCE 10' TO
LESS THAN 15'. MAXIMUM ALLOWABLE
AREA OF EXTERIOR WALL OPENINGS
45%.
CALCULATED OPENINGS AREA - 17%
(OPENINGS- 512SF, EXTERIOR WALL -
3170 SF).
8.1.a
Packet Pg. 179 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
LEVEL 1
0'-0"
LEVEL 2
10'-0"
LEVEL 3
22'-0"
LEVEL 4
34'-0"
T.O. ROOF SHTG
63'-10 1/2"
LEVEL 5
44'-0"
LEVEL 6
54'-0"
T.O. PARAPET #2
68'-10 1/2"
T.O. PARAPET #1
66'-4 5/8"2'-5 7/8"2'-6 1/8"9'-10 1/2"10'-0"10'-0"12'-0"12'-0"10'-0"70'-0" MAX.PT1 FC2 FC1FC3 PT1 FC1FC3 FC3
C
C
FC2 FC3
TO ROOF STRUCTURE64'-0"15'-4"7'-10"LEVEL 1
0'-0"
LEVEL 2
10'-0"
LEVEL 3
22'-0"
LEVEL 4
34'-0"
T.O. ROOF SHTG
63'-10 1/2"
LEVEL 5
44'-0"
LEVEL 6
54'-0"
T.O. PARAPET #2
68'-10 1/2"
T.O. PARAPET #1
66'-4 5/8"2'-5 7/8"2'-6 1/8"9'-10 1/2"10'-0"10'-0"12'-0"12'-0"10'-0"70'-0" MAX.PT1 FC2 FC3
C
C
FC2 FC3FC1
TO ROOF STRUCTURE64'-0"14'-4"EXTERIOR FINISH LEGEND
C PAINTED CONCRETE, SHERWIN - WILLIAMS
PEPPERCORN SW 7674
FC2 FIBER CEMENT CLADDING NICHIHA VINTAGE WOOD
CEDAR
DESCRIPTIONIDSYMBOL
PT1 EIFS, PAINTED METAL, SHERWIN- WILLIAMS TOQUE
WHITE SW 7003
FC3 FIBER CEMENT PANEL SYSTEM, REVEAL PANEL BY
JAMES HARDIE STORMY GRAY
FC1 FIBER CEMENT PANEL SYSTEM, REVEAL PANEL BY
JAMES HARDIE NANTUCKED GRAY
MTL1 METAL, PAINTED SHERWIN - WILLIAMS PEPPERCORN SW
7674
PT2MTL1
PT2 MTL1
A R C H I T E C T U R E 1725 VILLAGE CENTER CIRCLE #110 LAS VEGAS, NV 89134. T. 702 403-1575 WWW.DESIGN-CELL.COMPRELIMINARY DESIGN
V12
DR-3.2HOTEL 7950 DUBLIN BLVD. DUBLIN, CA2 STORY PARKING GARAGE & 4-STORY HOTEL,138 GUESTROOMSBUILDING
ELEVATIONS
PROJECT NUMBER: 18 048
06/10/2019
3/32" = 1'-0"1 WEST ELEVATION
3/32" = 1'-0"2 NORTH ELEVATION
3/32" = 1'-0"3 NORTH TRASH ENCLOSURE ELEVATION
3/32" = 1'-0"4 TRASH ENCLOSURE ELEVATION
8.1.a
Packet Pg. 180 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
FC-2
WOOD TEXTURE FIBERCEMENT WALL SIDING PANEL
VINTAGE WOOD - CEDAR / NICHIHA FIBER CEMENT
PT-1
EIFS
SW 7003 TOQUE WHITE
FC-1
JAMES HARDIE WALL SIDING REAVEAL PANEL
NANTUCKED GRAY
FC-3
JAMES HARDIE WALL SIDING REAVEAL PANEL
STORMY GRAY
C, MTL-1, PT-2
PAINTED CONCRETE, PAINTED METAL, PAINTED CMU
SW 7674 PEPPERCORN A R C H I T E C T U R E 1725 VILLAGE CENTER CIRCLE #110 LAS VEGAS, NV 89134. T. 702 403-1575 WWW.DESIGN-CELL.COMPRELIMINARY DESIGN
V12
DR-3.3HOTEL 7950 DUBLIN BLVD. DUBLIN, CA2 STORY PARKING GARAGE & 4-STORY HOTEL,138 GUESTROOMSMATERIAL
BOARD
PROJECT NUMBER: 18 048
06/10/2019
8.1.a
Packet Pg. 181 Attachment: 1. Proposed Hotel Project Plans (Corrie Center Hotel SDR)
ARCHITECTAPPLICANTFCGA Architecture301 Hartz Ave. Suite 213Danville, CA 94526Contact: Galen GrantPhone: (925) 678-2030Email: galen@fcgainc.comSecond Contact: Kevin HicksEmail: kevin@fcgainc.comPhone: (925) 678-2040Rubicon Property Group, LLC1840 San Miguel Drive, Suite 206Walnut Creek, CA 94596(925) 939 5021Contact: Jerry HuntEmail: jerry@rubiconpg.comSecond Contact: Kameron KlotzEmail: kameron@rubiconpg.comPROPOSED USEOFFICE & RETAILTABLE OF CONTENTSPROJECT DIRECTORYARCHITECTURALLANDSCAPE ARCHITECTSmith+Smith Landscape Architects1501 North Point StreetSan Francisco, CA 94123Contact: William SmithPhone: (415) 518-5052Email: bill@smith2.comCOVER SHEETCONTEXTUAL SITE PLANEXISTING SITE PLANSITE PLANELEVATIONSELEVATIONSPERSPECTIVESPERSPECTIVES COLORS & MATERIALSEXISTING ELEVATIONSEXISTING ELEVATIONSEXISTING PHOTOSA0A1A2A3A8A9A10A11A12A13A14A15CIVILCOVER SHEETEXISTING CONDITIONSSECTIONSPRELIMINARY GRADING PLANPRELIMINARY UTILITY PLANEROSION CONTROL PLANSTORM WATER QUALITY CONTROL PLANAUTO TURN ANALYSISC1C2C3C4C5C6C7C8CIVIL ENGINEERLANDSCAPEPLANTING PLANPLANT LIST AND IMAGESPLANT IMAGESLANDSCAPE IMAGESL1L2L3L4Kier & Wright Civil Engineers & Surveyors, Inc.2850 Collier Canyon Rd., Livermore, CA 94551Contact: Zico Saryeddean, P.E.Phone: (916) 546-6533Email: zsaryeddan@kierwright.comPROJECT SCOPERemodel of an existing office building shell with minimal site work and landscapeC:\Users\Carlos\Documents\Dublin Office Building - Central_carlos@fcgainc.com.rvt6/6/2019 2:27:10 PM06.06.2019A0TITLE SHEETRUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.8.1.bPacket Pg. 182Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
PROJECT SITESAN RAMON RDFREEWAY 580WEST DUBLIN BARTDUBLIN BLVDC:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:48:53 AMRUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A1CONTEXTUAL SITE PLANN(REFERENCE)TRUENORTH8.1.bPacket Pg. 183Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
TCAVCAVCAV CAVCAVCAVCAVCAVCAVCAVCAVCAV
CAVCAVCAV
CAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVSUBJECT BUILDINGSAN RAMON ROADDUBLIN BLVD(E) BUILDING(E) BUILDINGFUTURE HOTEL PARCEL(E) BUILDINGPROPERTY LINEVAN ACCESSIBLE STALLSLANDSCAPETACCESIBLERAMPBIO AREARETAINING WALLENTRANCESTAIRSHARDSCAPELANDSCAPEACCESSIBLE STALL TYP.ACCESSIBLE RAMPENTRANCESTAIRS(E) LANDSCAPE(E) LANDSCAPELANDSCAPERETAINING WALLWALKWAYSTAIRSVAN ACCESSIBLE STALLSACCESSIBLERAMPLANDSCAPECOLUMN TYP.TRANSFORMERUPUPUPUPUP(E) TRASH ENCLOSUREBIKE LOCKERACCESSIBLE SIGN TYP.PARCEL APARCEL BBIKE RACKHARDSCAPEC:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:47:52 AM1" = 30'-0"RUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A3PROPOSED SITE PLANNTRUENORTH(REFERENCE)SITE DATAPROJECT ADDRESS: 7950 DUBLIN BLVD, DUBLIN, CA 9456PARCEL B APN #: 941-1500-037-00ZONING: DDZD (DOWNTOWN DUBLIN ZONING DISTRICT) DOWNTOWN DUBLIN SPECIFIC PLANTOTAL LOT SIZE: 3.72 AC.±BUILDING DATAOCCUPANCY TYPE: GROUP B-OFFICE BUILDINGFULLY AUTOMATIC SPRINKLER: YES1ST FLOOR AREA: 25,854 SF. ± 2ND FLOOR AREA: 25,854 SF. ± 3RD FLOOR AREA: 25,854 SF. ± TOTAL AREA: 77,562 SF. ± PARKING DATAPARCEL BREQUIRED PARKING (1:350): 222 STALLSSTANDARD: 223 STALLSACCESSIBLE: 4 STALLSVAN ACCESSIBLE: 2 STALLSCOMPACT: 21 STALLSCLEAN AIR VEHICLE(CAV): 27 STALLSBICYCLE LOCKER: 1SHORT-TERM BIKE RACK: 1TOTAL PARKING PROVIDED: 277 STALLSEXISTING PARKING: 260 STALLSDIFFERENCE: 17 STALLSPARCEL AEXISTING PARKING: 51PROJECT DATALEGEND ACCESSIBLE PATHLANDSCAPEHARDSCAPEBIO AREA8.1.bPacket Pg. 184Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
T CAVCAVCAV CAVCAV CAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAV 21C:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:43:11 AMRUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A10PERSPECTIVES1- ENTRANCE- SOUTHEAST2- ENTRANCE- SOUTHEASTKEY SITE PLANSUBJECT BLDGSCALE 1"=80' (E) BLDG8.1.bPacket Pg. 185Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
T CAVCAVCAVCAVCAV CAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAVCAV12
C:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:43:18 AMRUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A11PERSPECTIVES1- ENTRANCE - NORTHWEST2- ENTRANCE - SOUTHWESTKEY SITE PLAN(E) BLDGSCALE 1"=80' 8.1.bPacket Pg. 186Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
EAST ELEVATIONWEST ELEVATION39'-4"ROOF LVL25'-4"THIRD FLOOR12'-8"SECOND FLOOR0'-0"GROUND FLOOR39'-4"ROOF LVL25'-4"THIRD FLOOR12'-8"SECOND FLOOR0'-0"GROUND FLOORP1M2P3TYP. TYP. TYP.M1TYP.M2TYP.P2TYP.C:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:43:05 AM3/32" = 1'-0"RUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A9ELEVATIONS0'40'20'10'5'8.1.bPacket Pg. 187Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
SOUTH ELEVATIONNORTH ELEVATIONP1P3M1SECOND FLOOR39'-4"12'-8"25'-4"39'-4"12'-8"25'-4"0'-0"THIRD FLOORROOF LVLGROUND FLOOR0'-0"GROUND FLOORSECOND FLOORTHIRD FLOORROOF LVLTYP. TYP. TYP.M2TYP.P2TYP.C:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:43:00 AM3/32" = 1'-0"RUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A8ELEVATIONS0'40'20'10'5'8.1.bPacket Pg. 188Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
P1-PAINTSHERWIN WILLIAMSPEPPERCORN-SW 7674PAINTSP2-PAINTSHERWIN WILLIAMSPOSITIVE RED-SW 6871P3-PAINTSHERWIN WILLIAMSTOQUE WHITE-SW 7003M1-STOREFRONTALUMINUM-SILVERM2-METAL AWNINGTBDLUMINAIRESMATERIALSC:\Users\sampada\Documents\Dublin Office Building - Central_sampada@fcgainc.com.rvt6/6/2019 10:43:26 AM1/8" = 1'-0"RUBICON PROPERTY GROUP, LLCDUBLIN, CA 945687950 DUBLIN BLVD.06.06.2019A12COLOR AND MATERIALS8.1.bPacket Pg. 189Attachment: 2. Office Building Facade Remodel Plans (Reference Only) (Corrie Center Hotel SDR)
Page 1 of 6
STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Accessory Dwelling Units Policy Discussion
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider and evaluate Staff's proposals for future City policies to
encourage the production of accessory dwelling units in Dublin.
STAFF RECOMMENDATION:
Receive presentation and direct to Staff to proceed with the policy matters as outlined in
the report to encourage the production of accessory dwelling units in Dublin.
FINANCIAL IMPACT:
No financial impacts related to this discussion.
DESCRIPTION:
Background
The State Legislature has found that California fac es a severe housing crisis and
determined that second units or accessory dwelling units (ADU) are a valuable form of
housing in California which provide housing for family members, students, the elderly,
in-home health care providers, the disabled, and others, at below market prices within
existing neighborhoods. It is the intent of the Legislature that local ordinances do not
unreasonably restrict the ability of homeowners to create second units through its
regulations.
In 2017, the City Council adopted Ordinance 01-17 amending the Zoning Ordinance
regulations pertaining to second units in response to Senate Bill (SB) 1069 and
Assembly Bill (AB) 2099 requiring cities to relax certain development standards for
second units including, setbacks, parking standards and unit size.
That same year, Governor Brown signed a 15-bill “Housing Package” aimed at
addressing the state’s housing shortage and high housing costs. The Housing Package
8.2
Packet Pg. 190
Page 2 of 6
included the Building Homes and Jobs Act (SB 2) which provides funds available to
local governments to update planning documents in order to streamline housing
production. SB2 provides planning grants through a noncompetitive process to eligible
local governments that meet the specified requirements. The City of Dublin is eligib le for
a maximum of $310,000. Applications that propose projects in one of the State’s pre -
determined priority policy areas are automatically deemed to accelerate housing
production.
Encouraging ADUs through actions above State law such as, outreach, fee waivers,
pre-approved plans, website zoning clearance assistance, and other homeowner tools
or finance tools is one of those pre-determined priority policy areas. Staff will bring back
an item to the City Council in late summer/early fall to comply with t he requirements of
this grant, including a recommendation to focus some of these grant funds on
streamlining ADU production. Some of the policy items outlined in this staff report will
inform that discussion.
Streamline Accessory Dwelling Units
ADUs have the potential to increase housing affordability (both for homeowners and
tenants), create a wider range of housing options within the community, enable seniors
to stay near family as they age, and facilitate better use of the existing housing in
established neighborhoods. The City’s regulation of ADUs is consistent with current
State law. ADUs are allowed in the single-family residential zoning district (R-1) and
similar Planned Development zoning districts subject to certain development standards.
Currently, there are approximately 185 accessory dwelling units in the City of Dublin –
122 of these are designated as below market rate units that were created by market
rate developers as a method to satisfy their inclusionary zoning obligation.
If the City were to go forward with the proposed SB 2 grant application, Staff would
propose a work program in the grant that would further streamline the process for ADU
permitting. The program would go beyond the requirements of State law and take a
closer look at the City’s regulations, goals and policies in an effort to facilitate the
construction of additional accessory dwelling units by homeowners. Table 1 below
provides an overview of various opportunities to facilitate the production of ADUs for the
City Council’s consideration. The projects included in the table would, through a variety
of methods, encourage and streamline the development of ADUs.
Table 1. Potential ADU Streamlining Projects
PROJECT STATUS OF CITY POLICY
NEW ELIMINATION MODIFICATION
Architectural Prototypes X
Building Permit Plans X
Floor Plans for Garage Conversions X
Impact Fee Reduction X
Owner Occupancy Requirements X
Parking Standards X
Front Entry X
Deed Restriction (affordability level) X
Junior ADUs X
8.2
Packet Pg. 191
Page 3 of 6
These potential projects are described in further detail below.
Architectural Prototypes
Pre-approved architectural plans for detached ADUs have the potential to save the
homeowner money, expedite the permit process, and result in well -designed ADUs.
This project would provide a range of prototypes that are pre -approved by the City,
potentially eliminating any design fees encumbered by the property owner.
The Pre-Approved Plans would be designed in a variety of sizes consistent with the
development standards and regulations as provided in Dublin Municipal Code Chapter
8.80 and include, but not limited to:
1. 499 square foot detached structure
2. 1,200 square foot detached structure with identified alternative floor plans aimed
to seamlessly reduce the size
Building Permit Plans
Similar to the architectural prototypes, this takes the concept one step further and
involves the creation of construction-level documents which can be used for obtaining a
building permit. Custom plans for an ADU can cost between $10,000 and $20,000,
which adds significant additional cost to construction of an ADU. There may be liability
issues associated with this opportunity that would be evaluated by the City Attorney’s
Office and the City’s risk manager.
Floor Plans for Garage Conversions
While there are many ways to incorporate an ADU into an existing home, some find it
desirable to convert the garage into living space since it does not disrupt the living
space of the existing home. The use of pre-approved construction documents would
eliminate the need for the City to complete a plan review prior to issuing a building
permit thus saving the project proponent time and money preparing plans and paying to
have the City review those plans. The City’s Municipal Code already address es garage
conversions and allows for them through a ministerial process so long as two full -size
unenclosed parking spaces will be available on the parcel following the conversion.
Even through this process, there is time and money associated with the crea tion of
construction plans and obtaining a building permit.
This project would provide an efficient layout for an ADU in a standard two -car garage
as well as structural review that can be applied to most homes within the City.
Parking Standards
State law generally prohibits cities from imposing parking requirements on ADUs that
are located within one-half mile of public transit. Consistent with State law, the Dublin
Zoning Ordinance requires one off-street parking space be provided for second units
located more than one-half mile from public transit, in addition to the two off -street
parking spaces required for the existing single-family home.
It is proposed to eliminate the off-street parking requirement for ADUs. In general, the
reason for a parking requirement is to address concerns that inadequate parking may
negatively impact a neighborhood. ADUs are only allowed on parcels with single -family
8.2
Packet Pg. 192
Page 4 of 6
detached homes. These homes are required to have a two -car garage and a
corresponding two car driveway for access. While it is possible that one of those parking
spaces may be used by the occupant(s) of the second unit, it is assumed that the
occupant of the ADU will utilize on-street parking if an additional off-street parking space
is not provided.
Impact Fees
The payment of development impact fees may constitute a barrier for the construction of
affordable housing. The City has discretion over some of the impact fees, but others
such as water, sewer and school fees are imposed by outside agencies. Those impacts
fees in which the City has direct control over are:
➢ Public Facilities Impact Fee
➢ Fire Impact Fee
➢ Eastern Dublin Traffic Impact Fee (EDTIF)
➢ Western Dublin Traffic Impact Fee (WDTIF)
➢ Dublin Crossing Transportation Fee
➢ Noise Mitigation Fee
➢ Affordable Housing In-Lieu Fee
➢ Dublin Ranch West Side Storm Drain Benefit District
➢ Dublin Ranch East Side Storm Drain Benefit District
The City Council could consider reducing impact fees for all ADUs or only for ADUs
where the owner agrees to a deed restriction creating an affordable rental unit. In
addition, the City Council could support a fee reduction for homeowner constructed
ADUs and not for those constructed through the developer.
Owner-occupied unit(s)
The Dublin Zoning Ordinance requires owner-occupancy for the primary dwelling or the
second unit. There are benefits and potential concerns with this requirement. The
requirement creates an additional constraint which may be burdensome; however, such
requirements could help preserve the residential character of the neighborhoods.
Proposed AB 68, introduced early this year, would prohibit the City from imposing owner
occupancy requirements. Given that this is difficult to enforce, and the Legislature is
continuing to move towards reducing the requirements o n ADUs, the elimination of this
requirement would certainly encourage the permitting of ADUs.
Front entry
The Dublin Zoning Ordinance requires that the front entry of a second unit is not visible
from the street. This requirement is particularly difficult to satisfy on corner lots or where
the second unit converts a portion of the front of the home or garage. After years of
implementing the Ordinance, it does not appear that the benefits of this requirement
outweigh any negative impacts. The best solution is to ensure that the entrance is well
integrated into the design and architecture of the home, which may be in a location that
is visible from the street. Visibility of the front entry is also an important tool in Crime
Prevention Through Environmental Design or CPTED which utilizes natural
surveillance, walkways, lighting, and landscape to clearly guide people and vehicles to
and from the proper entrances. An update to the City Ordinance reflecting the design
goals for the front entry would resolve this issue.
8.2
Packet Pg. 193
Page 5 of 6
Deed Restriction for Affordability
Many jurisdictions link the allowable size of the ADU to the affordability level. While it is
assumed that ADUs are “affordable by design”, the City does not restrict the affordability
level of an ADU, with the exception of developer built ADUs that are intended to satisfy
their Inclusionary Zoning requirement. For example, the Dublin Zoning Ordinance
allows up to a maximum unit size of 1,200 square feet, which is the size of many
modest homes in the Bay Area. The City could require ADUs over a specified size to be
deed restricted to low or very low-income occupants. While this provision does not
encourage the creation of an ADU itself, it does encourage the development smaller
and more affordable ADUs.
Junior ADUs
State law creates another category of ADUs known as “Junior Accessory Dwelling
Units.” Junior ADUs are small units created out of existing bedrooms. A JADU must
have cooking facilities, including a sink, but is not required to have a private bathroo m.
They bridge the gap between a roommate and a tenant by offering an interior
connection between the unit and main living area. The doors between the two spaces
can be secured from both sides, allowing them to be easily privatized or incorporated
back into the main living area. These units share central systems, require no fire
separation, and have a basic kitchen, utilizing small plug in appliances, thereby
reducing development costs.
State ADU Law is clear that cities can choose to allow Junior ADUs or not. However, if a
city elects to allow them, the standards and criteria by which they can be evaluated are
quite strict. These standards include:
➢ JADUs shall not be considered a separate or new dwelling unit for the
purposes of fees and as a result shou ld not be charged a fee for providing
water, sewer or power, including a connection fee. These requirements apply
to all providers of water, sewer and power, including non -municipal providers.
➢ Owner occupancy is required
➢ No parking can be required
➢ Maximum size of 500 square feet
➢ Must be approved through a ministerial permit process.
Other Policy Matters to Consider
In addition to the policy areas above, there are several other ways in which ADUs are
regulated; however, the current standard seems to provide enough flexibility so no
changes in policy are suggested. They are provided below for your reference and
possible discussion.
Lot Coverage
The allowable lot coverage in the R-1 Zoning district is 35% for two-story homes and
40% for single-story homes. If the property has an ADU, the allowable lot coverage is
increased. The principal residence and second unit combined shall not cover more than
60% of the lot. No change is suggested.
Required setbacks
Generally speaking, an ADU is required to conform to the setback standards of the R-1
zoning district. For an attached ADU, the setback requirements are the same as the
8.2
Packet Pg. 194
Page 6 of 6
primary dwelling requiring a rear setback of 20 feet and a side yard setback ranging
from 5-10 feet. A detached ADU can be 3-5 feet from the rear and side property lines
depending on the size of the lot. The distance of a detached accessory structure from
any other structure on the same lot (including the primary dwelling) is determined by the
Uniform Building Code.
If all required setbacks were to be solely based on the Uniform Building Code, the
setback requirements would be 0-5 feet from the property line and 6-10 feet from the
primary dwelling. The setback range is based on various construction factors including
the location of windows, fire sprinklers and the fire rating for exterior walls.
Given that the existing setback requirements of the Zoning Ordinance are minimal, no
change is suggested.
Conclusion
Staff is seeking direction from City Council on whether to pursue the policy matters as
outlined in Table 1. More specifically:
1. Is the City Council willing to pursue all of them at this time?
2. Or, is the City Council wishing to exclude any of the items listed in Table 1 from
future consideration?
3. Is the City Council interested in reviewing other policy matters, such as lot
coverage and required setbacks at this time?
ATTACHMENTS:
None.
8.2
Packet Pg. 195