HomeMy WebLinkAbout*January 12, 2021 Regular City Council Meeting PacketJanuary 12, 2021 Dublin City Council Agenda
COUNCILMEMBERS Dublin Civic Center
Melissa Hernandez, Mayor 100 Civic Plaza
Shawn Kumagai, Vice Mayor Dublin, CA 94568
Jean Josey, Councilmember www.dublin.ca.gov
Sherry Hu, Councilmember
Michael McCorriston, Councilmember
Regular Meeting of the DUBLIN CITY COUNCIL
Tuesday, January 12, 2021 Location: Electronic Methods
CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM
Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will adopt the following practices during upcoming City Council meetings:
• The Dublin City Council will hold the meetings remotely via Zoom Video Communications.
• Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be available on City’s website: http://dublinca.iqm2.com/Citizens/default.aspx
• Online speaker slips will be available at 10:00 a.m. at www.dublin.ca.gov, and the public will be able to call in using a computer/or smart phone via a link which will be provided following submission of a speaker slip. A telephonic option will also be available.
• Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom.
• When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment.
How to submit public comment on the Closed Session item: • Please click the link below to join the webinar via computer audio:
• https://dublinca.zoom.us/j/83080736366
• Or Telephone: +1 669 900 9128 US (San Jose) Webinar ID: 830 8073 6366
• The Mayor will open a Public Comment period. You will be given the opportunity to speak at that time. The City Council will then recess to Closed Session.
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January 12, 2021 Dublin City Council Agenda
CLOSED SESSION 6:30 PM
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: 1 case
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1 2020 Sponsor Recognition The City Council will recognize sponsors who contributed to City events, programs, and facilities in 2020.
STAFF RECOMMENDATION: Recognize the 2020 sponsors. Staff Report Attachment 1 - 2020 City of Dublin Sponsor List PowerPoint Presentation
3.2 Recognition of the 2020 “Deck the Homes” Holiday Home Decorating Contest
Winners
The City Council will present Certificates of Recognition to the winners of the 2020 "Deck the Homes" Holiday Home Decorating Contest.
STAFF RECOMMENDATION: Present Certificates of Recognition to the 2020 “Deck the Homes” Holiday Home Decorating Contest winners. Staff Report Attachment 1 - 2020 Holiday Home Decorating Contest Winners Attachment 2 - 2020 Holiday Home Decorating Contest Flyer PowerPoint Presentation
3.3 2020 Dublin Pride Week - Nature In Our Backyard Photography Contest Winners
The City Council will formally recognize the winners of the Nature In Our Backyard Photography Contest that ran through the months of September and November as part of 2020’s delayed Dublin Pride Week. The City Council will also recognize the contributions made by the panel of judges and the sponsors that made the contest a success.
STAFF RECOMMENDATION: Recognize the winners of the Nature In Our Backyard 2020 Photography Contest and the contributions made by Staff, judges, and sponsors. Staff Report Attachment 1 - 2020 Nature In Our Backyard Photo Contest Winning Photos PowerPoint Presentation
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January 12, 2021 Dublin City Council Agenda
3.4 Employee Introductions: William Wahbeh and Steve Windsor New City of Dublin Staff member, William Wahbeh, Associate Civil Engineer with Public Works, will be introduced, and Steve Windsor, Chief Information Security Officer, will be re-introduced.
STAFF RECOMMENDATION: Welcome the City of Dublin Staff members. Staff Report
3.5 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.
4.1 Approval of the December 15, 2020 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the December 15, 2020 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the December 15, 2020 Regular City Council Meeting Minutes. Staff Report Attachment 1 - December 15, 2020 Regular City Council Meeting Minutes
4.2 Appointment of City Historian The City Council will consider the appointment of a City Historian to serve a four-year term beginning January 2021.
STAFF RECOMMENDATION: Confirm the Mayor’s appointment of Steve Minniear to serve as City Historian for a four-year term beginning January 2021. Staff Report Attachment 1 - City Council Staff Report for its November 3, 2020 meeting with Updated Poet Laureate and City Historian Program Guidelines Attachment 2 - Application from Steve Minniear for City Historian
4.3 City Proclamations for the Month of January The City Council will consider the following proclamations for the month of January in the City of Dublin: National Mentoring Month, National Slavery and Human Trafficking Prevention Month, and National Stalking Awareness Month.
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January 12, 2021 Dublin City Council Agenda
STAFF RECOMMENDATION: Approve the proclamations. Staff Report Attachment 1 - National Mentoring Month
Attachment 2 - National Slavery and Human Trafficking Prevention Month
Attachment 3 - National Stalking Awareness Month
4.4 Cricket Batting Cage Facility Rental Policy – First Year Review and Minor
Modifications The City Council will receive a report on the first year of operation of the cricket batting cages and consider approval of minor updates to the Cricket Batting Cage Facility Policy, relating to the transferring of use permits, refund credit period, use time changes, and requests for exceptions.
STAFF RECOMMENDATION: Receive the report and approve the updated Cricket Batting Cage Facility Rental Policy. Staff Report Attachment 1 - Cricket Batting Cage Facility Rental Policy
4.5 Youth Mini Grant Program Funding Allocations The City Council will consider approving the Youth Advisory Committee Mini Grant Program recommended funding allocations.
STAFF RECOMMENDATION: Adopt the Resolution Approving Funding Recommendations for Fiscal Year 2020-21 for the Youth Advisory Committee Mini Grant Program. Staff Report Attachment 1 - Resolution Approving the Youth Mini Grant Program Funding Recommendations for Fiscal Year 2020-2021 Attachment 2 - YAC Mini Grant Rating Form Attachment 3 - Fiscal Year 2020-21 Mini Grant Applications and Proposals
4.6 Commercial Façade Improvement Grant Program Agreement between the City of
Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC for Improvements to
6440 Dublin Court The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC to assist with the façade improvements to 6440 Dublin Court.
STAFF RECOMMENDATION: Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC. Staff Report Attachment 1 - Resolution Approving a Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Attachment 2 - Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC
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January 12, 2021 Dublin City Council Agenda
4.7 Agreement for Long Term Encroachment for Landscape Features Within Public
Street Rights-of-Way Within the Boulevard Development The City Council will consider approving the Amended and Restated Agreement for Long Term Encroachment for Landscape Features Within Public Street Rights-of-Way Within the Boulevard Development, as required by the project conditions of approval.
STAFF RECOMMENDATION: Adopt the Resolution Approving the Amended and Restated Agreement for Long Term Encroachment for Landscape Features Within Public Street Rights-of-Way Within the Boulevard Development. Staff Report Attachment 1 - Resolution Approving the Amended and Restated Agreement Attachment 2 - Exhibit A to Resolution - Amended and Restated Agreement
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING – None.
7. UNFINISHED BUSINESS
7.1 East Bay Community Energy Renewable and Carbon-Free Electricity The City Council will consider a 100% renewable and carbon-free default electricity product for most Dublin residents. Setting the residential default electricity product to the Renewable 100 electric power portfolio offered by the City of Dublin’s energy provider, East Bay Community Energy, will facilitate meeting greenhouse gas emissions reductions goals adopted in the Climate Action Plan 2030 and Beyond. Medical baseline accounts and customers on California Alternate Rates for Energy and Family Electric Rate Assistance programs would remain on the current default East Bay Community Energy electricity product, Bright Choice.
STAFF RECOMMENDATION: Adopt the Resolution Requesting East Bay Community Energy Enroll City of Dublin Residential Accounts in Renewable 100 as the Default Electricity Product. Staff Report Attachment 1 - Resolution Requesting East Bay Community Energy Enroll City of Dublin Residential Accounts in Renewable 100 as the Default Electric Product Attachment 2 - Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond Attachment 3 - Ord 13-16 An Uncodified Ordinance Authorizing the Implementation of a Community Choice Aggregation Program Attachment 4 - September 15, 2020 CAP 2030 Staff Report (without attachments) Attachment 5 - City of Dublin letter to CEO Nick Chaset Attachment 6 - October 20, 2020 Discussion of Carbon-Free Electricity Options Staff Report (without attachments) Attachment 7 - November 18, 2020 EBCE Staff Report on Brilliant 100 Options PowerPoint Presentation
8. NEW BUSINESS
8.1 Mayor’s Appointments to City Commissions and Committees Following the City of Dublin’s general municipal elections in November of even-numbered years, terms expire on five of the City’s Commissions and Committees. The number of openings, including one unscheduled vacancy, include: three members and two alternates on the Planning Commission, four members and one alternate on the Heritage and Cultural
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January 12, 2021 Dublin City Council Agenda
Arts Commission, three members and two alternates on the Human services Commission, two members and two alternates on the Parks and Community Services Commission, and three members and two alternates on the Senior Center Advisory Committee. New members will be sworn into office in early 2021.
STAFF RECOMMENDATION: Confirm the Mayor’s appointments to the various Commissions and Committee or provide other appropriate direction. Staff Report Attachment 1 - Planning Commission Applications Attachment 2 - Heritage and Cultural Arts Commission Applications Attachment 3 - Human Services Commission Applications Attachment 4 - Parks and Community Services Commission Applications Attachment 5 - Senior Center Advisory Committee Applications SB343
8.2 City Council Committee Appointments and Assignments Each member of the City Council represents the City of Dublin on various local and regional Boards, Committees, and Commissions. The City Council will consider confirming the Mayor’s proposed appointments.
STAFF RECOMMENDATION: Adopt the Resolution Confirming the Mayor’s Appointments to Various Local and Regional Boards, Committees, and Commissions and direct Staff to notify affected agencies, as appropriate. Staff Report Attachment 1 - Resolution Confirming the Mayor's Appointments to Various Local and Regional Boards, Committees, and Commissions Attachment 2 - Exhibit A to the Resolution - Mayor's Recommendation for City Council Appointments and Assignments
9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure
environment, fosters new opportunities, provides equity across all programs, and
champions a culture of diversity and inclusion.
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Agenda Item 3.1
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:2020 Sponsor Recognition
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:
The City Council will recognize sponsors who contributed to City events, programs, and facilities
in 2020.
STAFF RECOMMENDATION:
Recognize the 2020 sponsors.
FINANCIAL IMPACT:
The City received over $4,975 in cash sponsorships and more than $3,570 in in-kind sponsorships
in 2020. Sponsorships help offset the cost of producing special events and operating City
programs and facilities, reducing the overall impact on the General Fund.
DESCRIPTION:
Through its Donation and Sponsorship Policy, the City invites and encourages local businesses and
corporations to partner as sponsors of the City, providing cash or in-kind contributions to support
City events, programs, and facilities, in exchange for appropriate sponsorship recognition.
Sponsors who contributed in 2020 are listed in Attachment 1. The City Council does not need to
take any action beyond recognizing the sponsors. According to the Donation and Sponsorship
policy adopted by the City Council in 2017, the City Council is only required to formally accept
donations above $45,000.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) 2020 City of Dublin Sponsor List
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EVENT OR DEPARTMENT CASH IN-KIND ITEM
Shelter-in-Fun Community Contests
Casa Orozco $25
The Coach's Grille $25
Summer Drive-in Movies
Provident Credit Union $500
Empower Martial Arts $400
Shapes Fitness for Women $275
San Ramon Orthodontics $500
The Solar Bill Review Team $500
Cool Earth Solar $500
Elegance at Dublin $200
Halloween Drive-in Movie
Dublin Iceland Donated Use of Facility
Cool Earth Solar $250
Empower Martial Arts $250
Master Kims Taekwondo $200
Lucky California $1,000
Dublin Cricket League $250
Clover / Sunrise Park Grand Opening
Sign Dreamers of the Tri-Valley $125
Santa Drive-thru Meet and Greet
Sign Dreamers of the Tri-Valley $250
Las Positas College $250
Empower Martial Arts $200
Cool Earth Solar $250
Barker Heating & Cooling $150
Macaroni Kids $50
Master Kims Taekwondo $250
Economic Development
Amalfi Fusion $100
Amici's East Coast Pizzeria $100
Burma Burma $100
Frankie, Johnnie & Luigi Too $100
Hot Crab $100
Inc 82 Brewing $100
Attachment 1
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Lucille's BBQ $100
Patxi's Pizza $100
Rigatoni's Restaurant $100
Sourdough & Co $100
Taqueria Azteca $100
The Banana Garden $100
The Coach's Grille $100
Thirsty Bay Tap 'n Pour $100
Yafa Hummus - Simply Mediterranean $100
Mountain Mike's Pizza $50
Loard's Ice Cream $50
Banseok Jeong Korean BBQ $25
Environmental Services
Mike's Camera $520
Dublin Police Services
Home Depot Stuffed Animals for Toy Drive and PPE
Starbucks Coffee
Elegance at Dublin Food
New Life Church Food
Mountain Mike's Pizza Food
Inc 82 Brewing Food
Urban Plates Thanksgiving Meal
Tzu Chi Foundation PPE
Lazy Dog Food
Paris Baguette Food
Asian Pacific Islander American Public Affairs (APAPA)Hand Sanitizer, PPE and Desserts
Total $4,975 $3,570
Attachment 1
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2020 City Sponsor
Recognition
January 12, 2021
City Council Meeting –Item 3.1
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2020 Sponsorship Overview
•$4,975 received in cash sponsorships.
•$3,570 received in in-kind sponsorships.
•Funds and donated goods are used to offset the
costs of producing special events and running
programs, facilities and services.
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Parks & Community Services Dept.
Drive-In Movies
•Picnic Flix Drive-In
Edition at Dublin High
School
•Halloween Drive-In
Movie Night at Dublin
Iceland
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Parks & Community Services Dept.
Senior Center Drive-Thru Events
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Parks & Community Services Dept.
Clover & Sunrise Parks Grand Opening
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Parks & Community Services Dept.
Santa Drive-Thru
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City-Wide Support
Dublin Eats Campaign Nature in Your Backyard
Photo Contest Dublin Police Services
Support
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Thank You to all Sponsors!
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Agenda Item 3.2
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Recognition of the 2020 “Deck the Homes” Holiday Home Decorating Contest
Winners.
Prepared by: Tyler Phillips, Heritage and Cultural Arts Supervisor
EXECUTIVE SUMMARY:
The City Council will present Certificates of Recognition to the winners of the 2020 “Deck the
Homes” Holiday Home Decorating Contest.
STAFF RECOMMENDATION:
Present Certificates of Recognition to the 2020 “Deck the Homes” Holiday Home Decorating
Contest winners.
FINANCIAL IMPACT:
Expenses for the program are included in the annual operating budget.
DESCRIPTION:
Background
The “Deck the Homes” Holiday Home Decorating Program is intended to encourage and celebrate
those residents who decorate their homes for the holidays. The Parks and Community Services
Department organizes the program and utilizes the Parks and Community Services
Commissioners as the judges.
Individual homes are judged in five categories. Winners receive a yard sign and certificate of
recognition from the City Council, and Staff promote the homes via various communication
channels including social media platforms and the City website.
Due to the positive feedback the program received in 2018 and 2019, Staff implemented the
program again for the 2020 Holiday season.
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2020 Program
To promote the holiday home decorating contest, Staff utilized the City’s website and social media
platforms, press releases, and invitations to past participants. The deadline for submissions was
December 10, 2020.
Twenty-four households participated in the 2020 contest resulting in 42 entries as homes could
be entered in a maximum of two categories. Commissioners from the Parks and Community
Services Commission individually judged the participating homes by visiting the locations
December 12-17, 2020.
At their December 21, 2020 meeting, the Parks and Community Services Commission voted on
category winners, as well as a Best Overall. Contest winners were notified on December 22, 2020
and received yard signs to display. The homes were judged based on the following six categories
and criteria:
Best Use of Lights – Unique design and/or creative use of lights.
Best Lawn Display – Placement of lawn decorations and/or animation on lawn.
Best Holiday Theme – Storyline and/or cohesive scene.
Best Condo/Apartment – Best use of limited space.
Best Neighborhood – Group of three of more homes promoting cooperation and
collaboration in their efforts.
Best Overall – Award given out by judges.
Photos of the 2020 contest winners are included with this Staff Report (Attachment 1).
Deck the Homes Winners
Award Categories
Number
of Entries Winning Home Address
Best Overall N/A Costello Family – 6976 Lancaster Road
Best Use of Lights 13 Bonato Family – 7574 Sutton Lane
Best Lawn Display 15 Peery Family – 7276 Thames Court
Best Holiday Theme 8 Gasper Family – 11913 Bloomington Way
Best Apartment/Condo 3 Ross Family – 10868 Glengarry Lane
Best Neighborhood 3 Salazar Family & Neighbors – 11331 Champagne Place
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) 2020 Holiday Home Decorating Contest Winners
2) 2020 Holiday Home Decorating Contest Flyer
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Winner - Best Overall
Costello Family - 6976 Lancaster Road
Attachment 1
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Winner - Best Use of Lights
Bonato Family - 7574 Sutton Lane
Attachment 1
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Winner - Best Lawn Display
Peer y Family - 7276 Thames Court
Attachment 1
24
Winner - Best Holiday Theme
Gasper Family - 11913 Bloomington Way
Attachment 1
25
Winner - Best Apartment/Condo
Ross Family - 10868 Glengarr y Lane
Attachment 1
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Winner - Best Neighborhood
Salazar Family & Neighbors - 11331 Champagne Place
Attachment 1
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Do you have the most festive home or apartment/condo in your neighborhood with the
best holiday decorations?
The City of Dublin invites Dublin residents to participate in the City’s Holiday Home Decorating Contest.
One winner will be chosen for Best Use of Lights, Best Lawn Display, Best Holiday Theme, Best Apartment/Condo,
and Best Neighborhood (three homes, either directly next door or across the street in the same block,
promoting cooperation in their efforts). In addition to these categories, the judging committee will select a
Best Overall award, based on curb appeal.
All winners will receive a special Best Holiday Decoration yard sign.
Entry forms are available at:
Online at www.dublin.ca.gov/holidayhappenings or by request from tyler.phillips@dublin.ca.gov
The deadline to enter is Thursday, December 10 at 5:00 p.m.
Judging will take place December 12-17.
Winners will be notified on December 22.
“decK THE HOMES”
IN OUR NEW AMERICAN BACKYARD
City of Dublin2020 Holiday Home Decorating Contest
Attachment 2
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2020 Holiday Home
Decorating Contest
January 12, 2021
City Council Meeting –Item 3.2
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“Deck the Homes”
•Third year for the residential home decorating
contest.
•Judges were Commissioners from the Parks &
Community Services Commission.
•Judging period was December 12-18, 2020. Voting
done at December 21, 2020 PCSC meeting.
•Award winners received yard signs and Certificates
of Recognition.
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“Deck the Homes”
•24 individual homes.
•42 category entries.
•5 categories to enter plus Best Overall is awarded.
•Best Use of Lights
•Best Lawn Display
•Best Holiday Theme
•Best Apartment/Condo
•Best Neighborhood
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“Deck the Homes”
•Map of the contest applicants using BatchGeo platform
•Shared on social media and on City website
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THE WINNERS
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WINNER -BEST OVERALL
Costello Family -6976 Lancaster Road.
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WINNER -BEST USE OF LIGHTS
Bonato Family -7574 Sutton Lane.
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WINNER -BEST LAWN DISPLAY
Peery Family -7276 Thames Court.
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WINNER -BEST HOLIDAY THEME
Gasper Family -11913 Bloomington Way.
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WINNER -BEST APARTMENT/CONDO
Ross Family -10868 Glengarry Ln.
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WINNER -BEST NEIGHBORHOOD
Salazar Family & Neighbors -11331 Champagne Place.
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Thank You!
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Agenda Item 3.3
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:2020 Dublin Pride Week - Nature In Our Backyard Photography Contest
Winners
Prepared by: Chloe Trifilio, CivicSpark Fellow, Environmental Services Division
EXECUTIVE SUMMARY:
The City Council will formally recognize the winners of the Nature In Our Backyard Photography
Contest that ran through the months of September and November as part of 2020’s delayed Dublin
Pride Week. The City Council will also recognize the contributions made by the panel of judges and
the sponsors that made the contest a success.
STAFF RECOMMENDATION:
Recognize the winners of the Nature In Our Backyard 2020 Photography Contest and the
contributions made by Staff, judges, and sponsors.
FINANCIAL IMPACT:
Sufficient funds were included in the Fiscal Year 2019-20 Budget for this contest. In-kind
donations were provided by Mike’s Camera of Dublin for the contest prizes.
DESCRIPTION:
This year Dublin hosted its second annual “Nature In Our Backyard Photography Contest” (Photo
Contest) to help celebrate Dublin Pride Week. Due to the COVID-19 pandemic, Dublin Pride Week,
which is usually held the last week of April, was delayed until September 2020 and was conducted
through a series of webinars and online events. The Photo Contest was open to amateur
photographers who took photographs of parks, creeks, wildlife, and landscapes within Dublin’s
city limits between May of 2019 and October of 2020. The Photo Contest closed on October 26,
2020 and the City received 165 eligible submissions. Each contestant signed a release that allows
the City to use the photographs for Dublin promotions.
A committee of six judges voted to select the top 10 photographs, which were then posted on the
City’s website from November 19through December 1, and the community was asked to vote for
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their favorite. The top four photographs based on the public’s votes will be awarded prizes and
certificates of recognition. The grand prize winner will receive a $200 Mike’s Camera gift card, the
first prize winner will receive a $100 Mike’s Camera gift card, the second prize winner will receive
a $50 Mike’s Camera gift card, and the third prize winner will receive a $25 Mike’s Camera gift
card. The contest winners will also receive a metal print of their photograph, donated by Mike’s
Camera.
The City will continue to celebrate the contest winners by hanging the framed photographs in the
Civic Center for the month of January, as well as featuring the photographs on the City’s website.
The 2020 Nature in Our Backyard Photography Contest winners are as follows:
Grand Prize Winner:
Dianne Mao, “Red ‘n’ Green Hill”
First Prize Winner:
Dianne Mao, “Sunrise at Dublin Ridge”
Second Prize Winner:
Pradnya Kadam, “Beautiful Day”
Third Prize Winner:
Steve Kaatmann, “Watchful Owl - Martin Canyon Creek Trail”
Special thanks and appreciation go to the following individuals for serving as judges and for
making some very difficult decisions that helped make the contest a success:
Andy Lopusnak, Mike’s Camera (second year of judging)
Barbara Mallon, Livermore Camera Club (second year of judging)
Shaun Chilkotowsky, City of Dublin Staff
Shari Jackman, City of Dublin Staff
Shannan Young, City of Dublin Staff
Another special thanks goes to Mike’s Camera in Dublin for donating prints of the winning
photographs and the metal prints as prizes.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) 2020 Nature In Our Backyard Photo Contest Winning Photos
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Attachment 1
Dublin Pride Week – 2020 Nature In Our Backyard Photo Contest Winners
Grand Prize Winner
Red ‘n’ Green Hill – Dianne Mao
First Prize Winner
Sunrise at Dublin Ridge – Dianne Mao
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Second Prize Winner
Beautiful Day – Pradnya Kadam
Third Prize Winner
Watchful Owl – Martin Canyon Creek Trail – Steve Kaatmann
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Nature In Our Backyard
Photo Contest 2020
City Council Meeting
January 12, 2021
46
Second Annual Nature In Our
Backyard Photo Contest
•Photographs taken of nature, wildlife, landscapes,
creeks and more in Dublin
•Submitted between September –October 2020
•Second year
•175 Submissions!
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Judging
1.Panel of five judges
2.Public vote
Thank you to:
•Barbara Mallon, Livermore Camera Club
•Andy Lopusnak, Mike’s Camera
•Shari Jackman, City of Dublin
•Shaun Chilkotowsky, City of Dublin
•Shannan Young, City of Dublin
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Prizes
•Certificates
•Metal prints of the photos
•Gift cards
•Winning photos to hang in Civic Center
Huge thank you to Mike’s Camera!
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Thank You
•To all who supported the contest and efforts to
get the word out
•The judges
•Mike’s Camera
•The contestants
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And the winners are…
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Third Prize Winner
Watchful Owl –Martin Canyon Creek Trail, Steve Kaatmann
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Second Prize Winner
Beautiful Day, Pradnya Kadam
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First Prize Winner
Sunrise at Dublin Ridge, Dianne Mao
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Grand Prize Winner
Red ‘N’ Green Hill, Dianne Mao
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Agenda Item 3.4
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Employee Introductions: William Wahbeh and Steve Windsor
Prepared by: Colleen Tribby, Assistant City Manager
EXECUTIVE SUMMARY:
New City of Dublin Staff member, William Wahbeh, Associate Civil Engineer with Public Works,
will be introduced, and Steve Windsor, Chief Information Security Officer, will be re-introduced.
STAFF RECOMMENDATION:
Welcome the City of Dublin Staff members.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, William Wahbeh, Associate Civil Engineer with Public Works,
will be introduced to the City Council. Staff member Steve Windsor, new Chief Information
Security Officer, will be re-introduced to the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
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Agenda Item 4.1
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Approval of the December 15, 2020 Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the December 15, 2020 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the December 15, 2020 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the December 15, 2020, Regular City
Council meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) December 15, 2020 Regular City Council Meeting Minutes
57
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: December 15, 2020
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
DECEMBER 15, 2020
A Regular Meeting of the Dublin City Council was held on Tuesday, December 15, 2020,
remotely via Zoom Video Communications. The meeting was called to order at 7:02 PM,
by Mayor Haubert.
1. Call to Order
Attendee Name Title Status
David Haubert Mayor Present
Arun Goel Vice Mayor Present
Melissa Hernandez Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Pledge of Allegiance
The pledge of allegiance was recited by the City Council and Staff.
3. Oral Communications
3.1.Public Comment
No public comment was provided.
4. Consent Calendar
4.1.Approved the December 1, 2020 Regular City Council Meeting Minutes.
4.2. Adopted
RESOLUTION NO. 126 - 20
MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC IMPACT FEES FOR
FISCAL YEAR 2019-20
Attachment 1
58
DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
DECEMBER 15, 2020
4.3.Adopted
RESOLUTION NO. 127 – 20
APPROVING A SOFTWARE AS A SERVICE AGREEMENT
WITH TYLER TECHNOLOGIES, INC. FOR IMPLEMENTATION AND PROVISION OF
AN ENTERPRISE RESOURCE PLANNING SYSTEM
4.4.Received the Payment Issuance Report and Electronic Funds Transfers of
payments issued from November 1, 2020 to November 30, 2020 totaling
$11,897,770.91.
4.5.Adopted
ORDINANCE NO. 18 - 20
ESTABLISHING CHAPTER 5.89 (SAFE FIREARM STORAGE)
TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE
REGARDING THE SAFE STORAGE OF FIREARMS
4.6.Received the Comprehensive Annual Financial Report (CAFR), for the Fiscal Year
ending June 30, 2020.
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Jean Josey, Councilmember
SECOND:David Haubert, Mayor
AYES:Josey, Kumagai, Haubert, Hernandez, Goel
5. Written Communication – None.
6. Public Hearing – None.
7. Unfinished Business – None.
8. New Business
8.1. Certification of November 3, 2020 Election Results
The City Council certified the November 3, 2020 election results for the Office of Mayor
and two City Councilmembers from the Alameda County Registrar of Voters.
59
DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
DECEMBER 15, 2020
RESOLUTION NO. 128 - 20
RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 3, 2020, DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:David Haubert, Mayor
SECOND:Arun Goel, Vice Mayor
AYES:Josey, Kumagai, Haubert, Hernandez, Goel
8.2. Presentation to Outgoing Mayor David Haubert and Outgoing Vice Mayor Arun
Goel
The City presented plaques and a video presentation to outgoing Mayor David
Haubert and outgoing Vice Mayor Arun Goel, in appreciation of their dedicated service
to the City.
Senator Steve Glazer congratulated Mayor David Haubert, Vice Mayor Arun Goel, and
Mayor-Elect Melissa Hernandez via video message.
Supervisor Scott Haggerty provided commendations to Mayor Haubert and Vice
Mayor Goel.
Razi Hasni provided public comment.
8.3. Administration of Oath of Office to Councilmembers-Elect Sherry Hu and Michael
McCorriston and Mayor-Elect Melissa Hernandez
The Oath of Office was administered to Councilmembers-Elect Sherry Hu and Michael
McCorriston and Mayor-Elect Melissa Hernandez.
8.4. Selection of Vice Mayor
Mayor Hernandez selected Councilmember Shawn Kumagai to serve as Vice Mayor
for a one-year period.
By motion of Mayor Hernandez, seconded by Councilmember Josey, and by
unanimous vote, the City Council selected Shawn Kumagai to serve as Vice Mayor
for 2021.
60
DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
DECEMBER 15, 2020
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Melissa Hernandez, Mayor
SECOND:Jean Josey, Councilmember
AYES:Hernandez, Hu, Josey, Kumagai, McCorriston
Vice Mayor Kumagai voiced appreciation for his newly appointed position on the City
Council.
9. Other Business
City Manager Linda Smith thanked Staff for their efforts in putting together the hybrid
City Council reorganization meeting.
10.Adjournment
The meeting was adjourned at 8:36 p.m.
Mayor
ATTEST:
City Clerk
61
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.2
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Appointment of City Historian
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager
EXECUTIVE SUMMARY:
The City Council will consider the appointment of a City Historian to serve a four-year term
beginning January 2021.
STAFF RECOMMENDATION:
Confirm the Mayor’s appointment of Steve Minniear to serve as City Historian for a four-year term
beginning January 2021.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In 2007, the City Council approved the creation of the honorary volunteer positions of Poet
Laureate and City Historian with the first volunteers appointed to the positions in 2008.
At its November 3, 2020 meeting, the City Council approved updated policies (Attachment 1)
governing the positions of Poet Laureate and City Historian. Using the updated policies, Staff
recruited for both positions beginning November 9, 2020. The recruitments closed on November
27, 2020.
No applications were received for the Poet Laureate position. Should future interest in the
position be expressed, Staff will revisit the program at that time.
Two applications were received for the City Historian position. On December 8, 2020, one
applicant withdrew their application, reducing the pool to one candidate. The application for the
remaining candidate, Steve Minniear, is included with this Staff Report (Attachment 2).
62
Page 2 of 2
At its December 10, 2020 meeting, the Heritage and Cultural Arts Commission reviewed the
application and voted to recommend to the Mayor that Steve Minniear serve as the next City
Historian. The Mayor has concurred with this recommendation.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was provided to applicants that submitted applications to be considered
for the City Historian position.
ATTACHMENTS:
1) City Council Staff Report from its November 3, 2020 meeting with Updated Poet Laureate and
City Historian Program Guidelines
2) Application from Steve Minniear for City Historian
63
Attachment 1
64
Attachment 1
65
Attachment 1
66
Attachment 1
67
City Historian Overview
The City Historian will assist researchers, students, librarians, and members of the public and press in accessing resources for
historical information.
Duties
• Maintain, add to, and facilitate access to City historical records. • Respond to inquiries regarding the City’s past. •
Serve as a resource to Staff, the City Council, and the Heritage and Cultural Arts Commission; may act as a liaison between the
Commission and local schools, genealogical groups, and members of the media and the public.
Qualifications
• Be a Dublin resident; at least 18 years old. • A demonstrated interest in the history of the City of Dublin, including
participation in City Commissions, Committees, and other activities. • A demonstrated ability to maintain records. • Skilled
in public speaking.
Service Term
The selected City Historian will serve a term of four years, beginning with City Council appointment at a public meeting in
January 2021. A term may be renewed, upon submittal of a new application, unless or until a new City Historian applies and is
appointed.
Selection Process
Review of applications and selection of the City Historian will be recommended by the Heritage and Cultural Arts Commission,
who will put forward a maximum of two applicants to the Mayor. The Mayor will recommend final appointment for approval by the
City Council, with the City Historian formally beginning the four-year term in January of each appointment year.
First Name*
Steven
Last Name*
Minniear
Address1*
Dublin, CA
Address2
City
Dublin, California
State
CA
Zip
94568
Phone Number*E-mail Address:*
How long have you lived in Dublin?*
30 years
Please upload a Letter of Interest. (Please include what you would like to accomplish.)*
Minniear Mayor Dublin Historian 11172020 001.pdf
Print
City of Dublin Historian Application - Submission #3884
Date Submitted: 11/17/2020
Attachment 2
68
Please upload a Resume of Positions Held or Activities Conducted Related to the Position.*
Dublin Historian Application Resume 11172020.pdf
Attachment 2
69
Attachment 2
70
1 of 2
Steven S. Minniear
, Dublin, CA 94568
Experience
Historian, 1978 to Present
Studied, researched, wrote, and presented to over 40 audiences on political, social,
military, and economic history with an emphasis on the Dublin, CA; Tri-Valley
(Livermore, Amador, San Ramon valleys), and San Francisco Bay Areas. Conducted
research at Bancroft Library, California Historical Society, US National Archives
(Burlingame, CA), Library of Congress, California State Archives, Sacramento County
Archives, and numerous local history archives and libraries throughout the San
Francisco Bay area.
Writer, 1978 to Present
Researched and wrote books, articles, book reviews, webpages, and social media posts
on many historical topics. Examples include the books Dublin, California: A Short
History and Dublin and the Tri-Valley: The World War II Years. Wrote webpage
material including Fleet City and World War II: Camp Parks, Camp Shoemaker and
Naval Hospital Shoemaker for the California State Military Museum and Murray
School District and Dublin Unified School District Chronology for the Dublin Unified
School District.
Public Speaker, 2000 to Present
Researched and presented historical topics at venues including Firehouse Theater
(Pleasanton, CA), TV-30, Mercury News, YouTube, and many historic and civic groups.
Examples include presentations to the Dublin Rotary, Tri-Valley Rotary, Dublin Lions,
Viet Nam Veterans of Diablo Valley, Sons in Retirement, Dublin Historical Preservation
Association, Museum on Main, Pleasanton, Dublin-San Ramon Women’s Club,
Livermore Heritage Guild, Museum of the San Ramon Valley, Contra Costa Historical
Society, and the California Council of Historical Societies. Provided tours and
information to visitors at Dublin Heritage Park & Museums, Dublin Camp Parks
Military History Center and Alameda County Sheriff’s Archive.
Exhibit Advisor, Consultant and Designer, 2012 to Present
Planned, researched, advised, and designed history exhibits for museums, libraries, and
public spaces. Work exhibited at Dublin Camp Parks Military History Center, Dublin
Heritage Park & Museums, Parks Reserve Forces Training Area, Dublin Branch
Alameda County Library, Dublin Unified School District and Diablo Country Club.
Exhibits described and explained history topics related to Dublin, Dublin library,
Murray and Dublin Unified School Districts, Alameda County, the Tri-Valley,
transportation, suburbanization, World War I, World War II, the Cold War, and Santa
Rita Jail.
Archive Consultant, 2010 to Present
Advised on archiving standards and conducted archiving work for Dublin Heritage Park
& Museums and Alameda County Sheriff’s Archive. Curated, conserved, and managed
Attachment 2
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2 of 2
over 1,000 artifacts related to U.S. Navy, Air Force and Army Reserve history from
World War II (Camp Parks, Camp Shoemaker, and Shoemaker Naval Hospital) to the
present. Also worked with hundreds of items from Dublin’s Kolb collections and from
the Alameda County Sheriff’s Archive Santa Rita collection. The items included
photographs, clothing, tools, furnishings, and equipment from the 19th through 20th
centuries.
Various Offices, including President, 2010 to Present, Dublin Historical
Preservation Association, Dublin, California
Duties included planning and implementing activities to obtain and preserve historical
materials related to Dublin and supporting the operation of the Dublin Heritage Park &
Museums. Also, as a member of the Camp Parks History Center Working Group,
collaborated on mission, goals, objectives and themes for Dublin Camp Parks Military
History Center.
Commissioner, Dublin Heritage and Cultural Arts Commission, City of Dublin, 2008
to 2016, 2019 to Present
Advised City Council and City Staff regarding historical, cultural, and artistic matters
including ensuring historical preservation of the Heritage Park & Museums, generating
public input concerning the arts and reviewing arts contract proposals. Also reviewed
and made recommendations regarding the City's budgets for arts programs, facilities,
and the Heritage and Cultural Arts Long Range Plan for the community.
Other Experience
Senior Counterintelligence Officer, U.S. Department of Energy
Senior Industrial Security Specialist, U. S. Department of Energy
Senior Consultant, KPMG Peat Marwick Main & Co.
Program Evaluator, U.S. General Accounting Office (now known as the Government
Accountability Office)
Education
Master of Arts, 1983, Georgetown University, Government (National Security Policy)
Bachelor of Arts, 1978, University of California, Berkeley, Political Science
(International Relations, History)
Areas of specialization: Twentieth Century Military History, World War II
References
Available upon request
Attachment 2
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STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.3
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:City Proclamations for the Month of January
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will consider the following proclamations for the month of January in the City of
Dublin: National Mentoring Month, National Slavery and Human Trafficking Prevention Month,
and National Stalking Awareness Month.
STAFF RECOMMENDATION:
Approve the proclamations.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider the following proclamations for the month of January:
1. National Mentoring Month
National Mentoring Month highlights an annual campaign to focus attention on the need for
mentors, as well as how each of us can work together to increase the number of mentors to
help ensure positive outcomes for the young people in our community.
2. National Slavery and Human Trafficking Prevention Month
Human trafficking is a crime in which force, fraud, or coercion is used to compel a person to
perform labor, services, or commercial sex. It affects all populations: adults, children, men,
women, foreign nationals and U.S. citizens, and all economic classes. The Defense
Department continues to raise awareness and do its part to end this crime.
3. National Stalking Awareness Month
National Stalking Awareness Month represents an annual call to action to recognize and
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Page 2 of 2
respond to the serious crime of stalking. This January 2021, the focus of National Stalking
Month is on cyberstalking.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) National Mentoring Month
2) National Slavery and Human Trafficking Prevention Month
3) National Stalking Awareness Month
74
Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Mentoring Month”
WHEREAS,January 2021 will mark the 19th anniversary of National Mentoring Month, an annual campaign to focus attention
on the need for mentors, as well as how each of us can work together to increase the number of mentors to help ensure positive
outcomes for the young people in our community; and
WHEREAS,the City of Dublin honors volunteer mentors who support young people by showing up for them every day and
demonstrating their commitment to helping them thrive; and
WHEREAS,mentoring programs make our communities and our state stronger by driving impactful relationships that increase
social capital for young people and provide invaluable support networks; and
WHEREAS,during the COVID-19 pandemic, mentoring programs have stepped up to fill gaps for young people and families,
connecting them with resources and ensuring that mentoring relationships continue virtually to ensure that physical distancing
does not mean social disconnection; and
WHEREAS,students who regularly meet with their mentors are more than 52 percent less likely than their peers to skip a day
of school and youth who face an opportunity gap, but those who have a mentor are 55 percent more likely to be enrolled in college
than those who did not have a mentor; and
WHEREAS, National Mentoring Month is the time of the year to celebrate, elevate, and encourage mentoring across our
community and recruit caring adult mentors in the City of Dublin.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim January 2021, as “National
Mentoring Month” and encourages citizens to engage and participate virtually in local mentoring events.
DATED: January 12, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Jean Josey Councilmember Sherry Hu Councilmember Michael McCorriston
75
Attachment 2
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Slavery and Human Trafficking Prevention Month”
WHEREAS,Human Trafficking is a form of modern-day slavery. Victims of Human Trafficking are subjected to force, fraud, or
coercion, for the purpose of sexual exploitation or forced labor; and
WHEREAS,Human Trafficking goes against basic human rights and there is a vital need to eradicate this crime; and
WHEREAS,every year, 1.2 million children are exploited around the globe. Here in the East Bay, we are far from immune from
child trafficking, and it is not just a problem in “bad” neighborhoods; from the Tri-Valley to Concord, Livermore to Berkeley,
children struggle with the effects of these crimes; and
WHEREAS,Law enforcement, federal and state agencies, nonprofits, social service providers, private industry and non-
governmental organizations including Claire’s House, Ruby’s Place, and HEAT (Human Exploitation and Trafficking)in Alameda
County, are working to end Human Trafficking through partnerships with Alameda County Police Department to bring home the
exploited youth of our community; and
WHEREAS, community-based solutions work, but the locations of facilities to help these children sometimes creates fear and
concern from local neighborhoods. The key to supporting successful futures for victims of these crimes is to learn the facts and
engage in frequent and timely communication at the community level.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim January 2021, as “National
Slavery and Human Trafficking Prevention Month” and urges citizens of this community to stand with Claire’s House, Ruby’s
Place, and H.E.A.T. Watch to help make a difference in combatting trafficking.
DATED: January 12, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Jean Josey Councilmember Sherry Hu Councilmember Michael McCorriston
76
Attachment 3
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Stalking Awareness Month”
WHEREAS,January 2021 marks the 17th annual National Stalking Awareness Month, an annual call to action to recognize and
respond to the serious crime of stalking; and
WHEREAS,California was the first state to pass anti-stalking laws and penalties in the United States, given the frequent
incidents of celebrity harassment initiated by obsessed fans; and
WHEREAS,the U.S. National Center for Victims of Crime defines it as “any unsolicited contact between two individuals that
communicates a threat (directly or indirectly) or induces fear”; and
WHEREAS,National Stalking Awareness Month began in response to the 2003 murder of stalking victim Peggy Klinke. Klinke’s
sister, Debbie Riddle, wanted to change the tragedy into triumph by helping improve law enforcement’s response to stalking; and
WHEREAS, Cyberstalking has increased with the popularity of social media and the growth of instant messaging services.
Twenty-five percent of American stalking victims reported having been affected by cyberstalking; and
WHEREAS,the City of Dublin is joining forces with victim and service providers, Dublin Police Services, and concerned citizens
throughout Dublin to observe National Stalking Awareness Month.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim January 2021, as “National
Stalking Awareness Month” and applauds the efforts of the many victim service providers, police officers, prosecutors, and
community organizers for their efforts in promoting awareness about stalking.
DATED: January 12, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Jean Josey Councilmember Sherry Hu Councilmember Michael McCorriston
77
STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.4
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Cricket Batting Cage Facility Rental Policy – First Year Review and Minor
Modifications
Prepared by: Bridget Amaya, Assistant Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will receive a report on the first year of operation of the cricket batting cages and
consider approval of minor updates to the Cricket Batting Cage Facility Policy, relating to the
transferring of use permits, refund credit period, use time changes, and requests for exceptions.
STAFF RECOMMENDATION:
Receive the report and approve the updated Cricket Batting Cage Facility Rental Policy.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At its March 5, 2019 meeting, the City Council approved termination of an agreement between the
City of Dublin and Cricket for Cubs for exclusive use of the Emerald Glen cricket batting cages,
effective January 1, 2020. Staff was directed to develop policies and fees for the cricket batting
cage facility.
At its August 20, 2019 meeting, Staff returned with the proposed policies and fees. During the
discussion, the City Council expressed concern with the amount of time allotted for unorganized
community use and wished to avoid the monopolization of cage use by organized groups. After the
discussion, the City Council approved the Cricket Batting Cages Facility Reservation Policies, Rules
and Fee Schedule, with a change to reflect an increase from three to four hours as the maximum
hours any organized group can rent per day. The City Council also authorized Staff to make
exceptions to the maximum hours rule if an organized group does request to reserve cage time in
excess of the maximum and the cages are sitting unused. Staff were asked to return in
approximately one year to provide a review on batting cage operations and recommend changes
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Page 2 of 3
to the policy if necessary.
Review of Cage Operation
The cricket batting cages are open every day from 7:00 a.m. to sunset. From January 2 through
December 15, 2020 the facility was rented approximately 1,130 hours to three cricket
organizations. Typically, the cages were rented for two to six hours per day on weekdays and two
to 10 hours per day on weekends depending on the season. Average hours the cages were rented
are summarized as follows:
Season
Average
rental time Available hours for walk-ons/casual user
Fall/Winter Weekdays
(Early Sunset)
3pm-5pm Minimal for working adults and youth in
school
Fall/Winter Weekends
(Early Sunset)
8am-5pm Minimal for working adults and youth in
school
Summer Weekdays 9am – 10am
5pm-8pm
Youth 10am – 5pm
Minimal for working adults
Summer Weekends 8am-5pm 5pm – 8pm
Overall, Staff believes that the current policies have worked well. We did not receive any
complaints from residents about access to the cages, even during minimal times available during
the fall/winter season, and we also have not received any official requests from cricket groups to
extend beyond their allocated, four-hour timeframe, which is already authorized under the Parks
Director’s authority. There are, however, minor administrative changes Staff desires to make to
the policy that will provide consistency with the City’s Field Reservation Policy and will formalize
the City Council’s direction given at the August 20, 2019 meeting.
Proposed Changes to the Policy
The following administrative changes are proposed and are included in Attachment 1:
Facility Use Permits cannot be transferred, assigned, orsublet.
No refund or credit will be issued for a cancellation of pre-booked hours within 10
business days of the rental date.
Adding or reducing hours fewer than 10 business days prior to the rental will only be
accepted with Department approval.
Requests for exceptions to the policy must be submitted in writing to the Parks and
Community Services Director or designee. Approval or denial of the request will be
issued in writing.
At its December 21, 2020 meeting, the Parks and Community Services Commission voted to
recommend the update to the Cricket Batting Cage Facility Reservation Policies, Rules and Fee
Schedule to the City Council for approval.
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Page 3 of 3
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of this Staff Report was provided to cricket
organizations utilizing the cage facility.
ATTACHMENTS:
1) Cricket Batting Cage Facility Rental Policy
80
Attachment 1
City of Dublin
Cricket Batting Cages Facility
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 (DSRSD),DublinUnifiedSchoolDistrict,etc.
Dublin Sports League Organizations: Organized sports league groups with current IRS non-profit status, whose
membership is open to the public, and are sanctioned by the City of Dublin. The submission and approval of a
“Dublin Sports League Organization Verification Form” must be on file with the City. The organization’s participants
residency status must coincide with residency rates below and must provide current teamrosters:
o Youth Sports League Organizations – at least 75% Dublinresidents.
o Adult Sports League Organization – at least 51% Dublinresidents.
Non-Profit Organizations: 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 theCity.
o Groupsapplying undertheNon-ProfitOrganization classificationmust havean“OrganizationVerification
Form” on file and include the followingdocuments:
1) Bylaws
2) Current I.R.S. Tax ExemptionLetter
Resident: Individuals must reside or own property within Dublin City Limits.
Non-Resident: Individuals not residing or owning property within Dublin CityLimits.
Commercial Use: Companies or individuals whose events have an admission fee or include the sale of goods and/or
services.
2.Insurance Certificate
For rentals that are for Public agencies, Dublin Sports League Organizations, Non-Profit Organizations and 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 and 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 policymay be extended to cover your facility rental.
3.Cancellations, Changes andRefunds
Refunds and credits are not issued for unused rental hours.
Occasionally, it may be necessary for the City to reschedule or cancel a request previously approved. In this
event, the group or individual will be given as much advance notice aspossible.
Cancellationrequestsmustbemadeinwritingbytheapplicantandsentviaemailto
parksandcommunityservices@dublin.ca.gov.
Refunds for cancellation requests will be handled asfollows:
30 days or more before rental date 29 days to 11 days before rental date Rainouts
Full rental fees refunded, less $5
processing fee.
50% of rental fees will be refunded,
less $5 processing fee.
Credit will be issued for cancellations
due to rain if the office is notified
within 48 hours (via phoneor email)
after scheduled rental date.
81
No refund or credit will be issued for a cancellation of pre-booked hours within ten (10) business days of the
rental date.
Adding or reducing 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.
4.General Rules
Each renter must provide their ownequipment.
Rental hoursof usemust include the amount of time needed, including set up andclean up.
Renter must vacate by the time specified on the Cricket Batting Cages Facility rentalreceipt.
Batting cages are open to walk-on users on a first come, first serve basis, if not previouslyreserved.
For walk-on use, there is a 1-cage, 1-hour limit per user or user group when players arewaiting.
Walk-on users must vacate the batting cages for a permitted renter upon proof or rentalreceipt.
The consumption, serving and/or selling of alcoholic beverages is not permitted in City of Dublinparks.
All garbage or other waste must be properly disposed of prior to vacating the cagefacility.
Requests for exceptions to the policy must be submitted in writing no less than ten (10) business days prior to the
rental date and receive written approval from the Parks and Community Services Director, ordesignee.
Prohibited:
o Facility Use Permits cannot be transferred, assigned orsublet.
o Use of generators.
o SMOKING in City of Dublinparks.
o Paste, tack, glue or posting of any sign, placard, advertisement or inscription, or to erect any sign.
o Selling, vending, or peddlingitems.
o Use of amplification equipment.
o Bikes, skateboards and other uses unrelated to batting use.
o Hitting of balls against the cage fences inside oroutside.
Cricket Batting Cages Facility Rules
Cage facility is for cricket only.
Only molded rubber cleats, synthetic turf shoes, or other athletic shoes are allowed in the cagefacility.
Only balls and bats, usually associated with cricket are allowed in the cagefacility.
All batters must wear a helmet at all times while in the cagefacility.
Only one (1) batter is allowed in each tunnel at anytime.
Spectators or batters on-deck must stay outside the cagefacility.
No practice swings or swinging of bats is allowed outside the cage facility at anytime.
No unauthorized persons shall enter the cage facility while it is reserved.
Renters are responsible for the cage facility during their reservation.
5.Location
The Cricket Batting Cages Facility is located at Emerald Glen Park (backside of the Cricketfield).
6.Cricket Batting Cages Facility Priority Use
Dublin Sports League Organization, Public Agencies, Non-profits-Reservations accepted up to twelve (12) months
in advance, with priority over all other groups.
Resident-Reservations accepted up to twelve (12) months in advance of requested use.
Non-Residents, Commercial Users-Reservations accepted up to ten (10) months in advance of requested use.
7.Cricket Batting Cages Facility Rental Process
Cricket Batting Cages are available to rent online at www.dublinrecguide.com.
Payment is required, in full upon reservation.
82
8.Cricket Batting Cages Facility Rental Availability
Daily from 7:00 AM to Sunset
o Minimum of 1 hour to rent perday.
o Maximum of 4 hours to rent per day.
9.Cricket Batting Cages Facility Rental Fee Schedule
Rental Category Hourly Fee Per Facility
Public Agencies, Dublin Sports Organizations, Non-profit Organizations $15.00
Residents $18.00
Non-residents, Commercial Uses $22.00
10.Parks and Community Services Director Approval
Requests for exceptions to the Cricket Batting Cages Facility Reservation Policies, Rules and Fee Schedule must be
submitted in writingto the Parks and Community Services Director or designee. Approval or denialof the request will
be issued in writing.
The City of Dublin reserves the right to refuse to grant use of the City’s cricket batting cages facility to any person or group if
such use is deemed to be contrary to the best interest of the City and/or its residents.
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.5
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Youth Mini Grant Program Funding Allocations
Prepared by: Bridget Amaya, Assistant Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider approving the Youth Advisory Committee Mini Grant Program
recommended funding allocations.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Funding Recommendations for Fiscal Year 2020-21 for the
Youth Advisory Committee Mini Grant Program.
FINANCIAL IMPACT:
The City of Dublin Youth Mini Grant Program is supported by the General Fund in the amount of
$2,500 for Fiscal Year 2020-21.
DESCRIPTION:
The Youth Advisory Committee (YAC) established the Mini Grant Program in Fiscal Year 2012-13
to support youth organizations that offer programs for middle and high school students other than
those offered by the Parks and Community Services Department. Each year, Dublin-based youth
organizations and clubs have an opportunity to apply for grant funding to assist them in offering
activities to the community including performing arts, sports, multicultural awareness, health
awareness, or other activities that support projects benefiting Dublin youth. Funding is
recommended annually by the YAC, confirmed by the Parks and Community Services Commission,
and awarded by the City Council to the organizations and clubs that best meet the needs of Dublin
youth.
At a Special Meeting on March 5, 2020, the City Council opted to increase funding for the Youth
Mini-Grant program from $1,600 to $2,500. The increase in funding was incorporated into the
Fiscal Year 2020-21 operating budget.
84
Page 2 of 3
The Youth Mini Grant application was placed online Friday, October 2, 2020, with a submittal
deadline of November 13, 2020. The program was advertised via social media, the City’s website,
and a City newsflash, and was sent to Committee members to assist with publicity.
At its Special Meeting on December 9, 2020, the YAC received presentations and used a criteria
form (Attachment 1) to review, rate, and develop funding recommendations for each of the
following applicants:
1. Dublin High School Seniors
2. Dublin High School Patch Club
3. Quarry Lane Economic and Financial Literacy Club
4. Dublin HOSA (Health Occupation Students of America)
5. Gardeners of the Galaxy
6. Quarry Lane Environmental Club
After the presentations, the Committee members deliberated and recommended funding
amounts for each of the six organizations as follows:
Upon completion of their projects, grant recipients will have two weeks from the conclusion of
their projects to complete a brief project report on how the funds were used and the number of
youth the funds impacted. Grantees are encouraged to provide photos, testimonials, and/or flyers
used to promote their projects. Those who do not submit a report in a timely fashion may not be
considered for future Youth Mini Grants.
At their December 21, 2020 meeting, the Parks and Community Services Commission confirmed
the selections made by the YAC and recommended the funding allocations to City Council.
Organization
Grant Amount
Requested
FY20-21
Grant Proposal YAC Funding
Recommendation
YAC Committee
Members' Points
Average
DHS Senior $1,000 Senior Ball $700 11.7
DHS Patch Club $450
Child Abuse
Awareness & Blanket
Making
$380 13.0
Economic &
Financial Literacy
Club
$1,000
Educational Material
pertaining to financial
Literacy
$400 12.0
Dublin HOSA $250 Science experiments
@ home $200 12.6
Gardeners of the
Galaxy $1,500 Trays, soil, seeds to
grow Microgreens $480 11.4
Quarry
LaneEnvironmental
Club
$700
Environmental
Magazine & Podcast
& Earth Day
$340 12.2
Totals $4,900 $2,500
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Page 3 of 3
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of this Staff Report was sent to the applicants.
ATTACHMENTS:
1) Resolution Approving Funding Recommendations for Fiscal Year 2020-21 for the Youth
Advisory Committee Mini Grant Program
2) YAC Mini Grant Rating Form
3) Fiscal Year 2020-21 Mini Grant Applications and Proposals
86
Attachment 1
Reso. No. XX-21, Item X.X, Adopted 1/12/21 Page 1 of 2
RESOLUTION NO. XX – 21
APPROVING FUNDING RECOMMENDATIONS FOR
FISCAL YEAR 2020-21 YOUTH ADVISORY COMMITTEE MINI GRANT PROGRAM
WHEREAS,the City received six applications for the Fiscal Year 2020-21 Youth Advisory
Committee Mini Grant Program; and
WHEREAS,the total amount of funding requested exceeds funding availability; and
WHEREAS, funding sources for the Youth Advisory Committee Mini Grant Program are
provided for in the adopted City of Dublin General Fund Budget; and
WHEREAS,on December 9, 2020, the Youth Advisory Committee recommended six
youth organizations/clubs to receive grant funding through the Youth Advisory Committee Mini
Grant Program; and
WHEREAS,on December 21, 2020, the Parks and Community Services Commission
reviewed the Youth Advisory Committee’s funding allocations to six youth organizations/clubs;
and
WHEREAS,the Parks and Community Services Commission has provided the City
Council with funding recommendations for the Fiscal Year 2020-21 Youth Advisory Committee
Mini Grant Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Youth Advisory Committee Mini Grant Program funding allocation for Fiscal
Year 2020-21 as follows:
ORGANIZATION/ CLUB NAME
CITY COUNCIL
APPROVED FUNDING
Dublin High School Senior Class $700
Dublin High School Patch Club $380
Economic and Financial Literacy Club $400
Dublin HOSA $200
Gardeners of the Galaxy $480
Quarry Lane Environmental Club $340
Total Recommended Amount $2,500
PASSED, APPROVED AND ADOPTED this 12th day of January 2021, by the following
vote:
87
Reso. No. XX-21, Item X.X, Adopted 1/12/21 Page 2 of 2
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
88
City of Dublin
Youth Advisory Comm ittee
Mini Grant Rating Form
Attachment 2
Organization:______________________________ Program:_______________________________
PROPOSAL SCORE
Maximum of 15 points
RECOMMEND FUNDING Yes No
Total Requested Total Recommended
RECOMMENDING FUNDING FOR THE FOLLOWING YOUTH ACTIVITIES:(CHECK ONE).
SCHOOL CLUB SPORT ORGANIZATION PERFORMING ARTS CULTURAL AWARENESS
HEALTH AWARENESS OTHER YOUTH ACTIVITY/ORGANIZATION___________________
THE WORD “PROGRAM”IS USED BELOW ON THIS FORM TO INCLUDE SERVICES,ACTIVITIES OR IMPROVEMEN TS.
1.Organization/Management
Youth benefitting from or involved with the project must include 75% Dublin residents who are of middle
school or high school age.
The youth organization/group,as presented in the application,is able to achieve the stated goals and outcomes.
The youth organization/group has completed all required aspects of the application process.
The youth organization/group has an adult sponsor that assists in the management or oversight of the
organization/group.
(Maximum of 5) ______
2.Needs/Benefi t
The recipients are the appropriate target group (75%Dublin youth).
The applicant provides an activity to Dublin residents that other organizations do not provide.
Applicant’s proposed activity supports projects and programs serving or benefitting Dublin youth.
The applicant collaborates with other youth-oriented organizations.
(Maximum of 5) ______
3.Funding/Budget
The youth organization/group described in detail what the funds will be used for.
The youth organization/group described how they will provide verification to the YAC that the funds were
used as proposed.
(Maximum of 5) ______
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Name of Organization/Club:*
Address1*
City*State*Zip*
Phone:*
Primary Contact Person (Name & Title):*
Phone:*Email:*
Adult Sponsor (Name & Title):*
Phone: *Email:*
Amount Requesting:* Number of People in
Organization:*
Percent of Dublin Youth Participants:*
Dublin High School Senior
Dublin California 94568
Dilsher Singh, Senior Class President
Michael D'Ambrosio, Activities Director
$1000
735
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Yes
No
Did the Youth Organization/Club receive grant funding
in the past?*
If yes, please explain how the funding from the Youth Mini Grants was used; if the goals were met; and the impact on the
program.
I have reviewed the proposal, and to the best of my knowledge, the funds requested from the City of Dublin will be used to
provide the services described in this Request for Proposal. I also attest that the above-named organization/club have not
received a grant from the City of Dublin within the past year.
Adult Sponsor's Acknowledgement *Date: *
Michael D'Ambrosio 11/13/2020
91
Youth Mini-Grant Proposal 2020: Dublin High School Senior Class Funds
We are the Senior Class of 2021 at Dublin High School, consisting of 735 Dublin
students. We are in charge of keeping our class updated with any news along with planning a
variety of class events, including but not limited to fundraisers, bonding events, senior ball,
graduation, and baccalaureate. This year, we had to start running things a little differently due to
COVID-19. However, we have already had one fundraiser and one bonding event, and we are
currently planning to hold a social-distanced movie night for our seniors. Our senior bonding
event was hosted at Meadowlark Dairy which had one of the largest turnout rates for a
customized Senior class cone out of all neighboring school’s bonding events.
As the senior class officers, we understand that many students in our class are currently
experiencing a lot of despair and sorrow due to a lack of human connection. Not being together
to go through our final year of high school has dented our bond as a class, and we hope that with
this money, we can help uplift all of our spirits. We have grown up with a lot of classmates and
to think that we may not even graduate together is something that we hope won’t happen. Even if
this happens to be the case a few months from now, we hope that our class still could have had
some relaxing yet exciting events, especially during the stressful season of college applications.
With the funds we receive and all the money we raise, we hope that the money will not just
impact the senior class but also Dublin High and our community. We would be able to leave a
lasting impact on the school by setting a precedent for future officers and classes. These are
unparalleled times, but the money granted by the Youth Advisory Committee can allow the
senior class to set an example for the underclassmen at DHS by showing them that anything is
possible.
92
Our class has lost the opportunity to participate in many events such as Senior sunrise,
homecoming, and attending football games. The lack of school spirit and school events has
resulted in lower funds for our senior class. We are trying to recover from our losses, so we hope
to utilize the funds from the Youth Advisory Committee to formalize a budget that allows for an
eventful second-semester senior year. We’re currently trying to raise enough money for our
senior ball, which is an event that we seniors have been looking forward to since we first entered
high school. Because junior prom was canceled, we aspire to create a senior ball that is
unforgettable to help make up for our lost junior and senior memories. Aside from just having
enough funds for our senior ball, hopefully, the funds awarded will permit us to have safer and
social-distanced events to help bring not only the Dublin High seniors but also the community
along with it.
In order to ensure that we are using the funds appropriately, we look forward to keeping
in contact with the Youth Advisory Committee to make sure that they are updated with where the
funds are going. If money from the grant will be used towards our senior ball, we will make sure
to show the Committee all the decorations and other items we purchase using the money. If
money from the grant will be used in the near future, then it will most likely be used for bonding
events. For all these events, we will send pictures to the Committee, demonstrating proof that the
money was used for the event and to show proof that we are socially distanced and wearing
masks. Additionally, all pictures will be given permission to publicly post in order to show the
community what we are doing for our seniors.
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Name of Organization/Club:*
Address1*
City*State*Zip*
Phone:*
Primary Contact Person (Name & Title):*
Phone:*Email:*
Adult Sponsor (Name & Title):*
Phone: *Email:*
Amount Requesting:*Number of People in
Organization:*
Percent of Dublin Youth Participants:*
Dublin High School Plushies Aimed to Comfort Hearts (PATCH) Club
Dublin CA 94568
Caitlyn Loo - President
Julianne Sundstrom
$450
60
100%
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Yes
No
Did the Youth Organization/Club receive grant funding
in the past?*
If yes, please explain how the funding from the Youth Mini Grants was used; if the goals were met; and the impact on the
program.
I have reviewed the proposal, and to the best of my knowledge, the funds requested from the City of Dublin will be used to
provide the services described in this Request for Proposal. I also attest that the above-named organization/club have not
received a grant from the City of Dublin within the past year.
Adult Sponsor's Acknowledgement *Date: *
Since its establishment in 2016, PATCH has collected and donated over 2,000 stuffed animals to a local child abuse center,
hosted Blanket and Scarf Making projects and three child abuse awareness campaigns (Wear Blue Thursday, Speak Up, and
Take a Stand) and assembled care packages for victims of child abuse. With our YAC grant of $500 during the 2017-2018
school year, PATCH hosted a Child Abuse Awareness Campaign at DHS - “Take a Stand.” $250 was used to purchase
stickers for a fundraiser, and the rest of the grant was used for printing awareness materials. The campaign was a huge
success. All of our project objectives and goals were met - we were able to directly benefit Dublin teens by building awareness
of child abuse and by giving them opportunities to help serve and give back to the community. We even had a few teens (and
even a few adults) come forward and share with us that they had been abused and that they appreciated what we were doing
because it gave them hope, strength, and comfort for the future. Our club has received lots of support from civic leaders,
school faculty members, business owners, family, and friends. We are so thankful that the YAC grant enabled us to make such
an impact and look forward to expanding that impact through our upcoming projects. In 2019, PATCH was again awarded with
a generous YAC grant, but due to the COVID-19 pandemic, we were unfortunately unable to follow-through with our 2019
Blanket Making Project.
Julianne Sundstrom 11/13/2020
95
November 13, 2020
Dear City of Dublin and Youth Advisory Committee,
Dublin High School’s PATCH (Plushies Aimed to Comfort Hearts) Club respectfully
requests a Youth Mini Grant of $450 for our 2021 Child Abuse Awareness Campaign and
Blanket Making Project in April.
My name is Caitlyn Loo, and I am the President of the PATCH Club at Dublin High
School. The purpose of PATCH is to help raise awareness about children in crisis in our
community and to help abused children by providing them with a “comfort item.” The club was
founded at DHS in 2016 by my older sister, Ally Loo, who herself was a victim of sexual abuse
as a child. When she was seven, she was given a stuffed animal by a worker at a local abuse
agency, which provided her great comfort and security at the time. She started PATCH to
provide the same love and kindness she received as a child and to stand up and be a voice for
other victims. With the help of my peers at Dublin High School, I hope to continue my sister’s
vision to support and comfort victims of abuse through PATCH.
Even though it is rarely talked about, child abuse is still a huge problem in today’s
society, even within our own community. There has been a national increase in abuse cases
during the COVID-19 pandemic, and it is more important than ever for us to bring awareness to
this important issue. PATCH provides Dublin teens with awareness of the issues at hand and
opportunities for them to serve our community through service projects to help victims of abuse.
Since its establishment in 2016, PATCH has collected and donated over 2,000 stuffed
animals to a local child abuse center, hosted Blanket and Scarf Making projects and three child
abuse awareness campaigns (Wear Blue Thursday, Speak Up, and Take a Stand) and assembled
care packages for victims of child abuse. With our YAC grant of $500 during the 2017-2018
96
school year, PATCH hosted a Child Abuse Awareness Campaign at DHS - “Take a Stand.” $250
was used to purchase stickers for a fundraiser, and the rest of the grant was used for printing
awareness materials. The campaign was a huge success. All of our project objectives and goals
were met - we were able to directly benefit Dublin teens by building awareness of child abuse
and by giving them opportunities to help serve and give back to the community. We even had a
few teens (and even a few adults) come forward and share with us that they had been abused and
that they appreciated what we were doing because it gave them hope, strength, and comfort for
the future. Our club has received lots of support from civic leaders, school faculty members,
business owners, family, and friends. We are so thankful that the YAC grant enabled us to make
such an impact and look forward to expanding that impact through our upcoming projects. In
2019, PATCH was again awarded with a generous YAC grant, but due to the COVID-19
pandemic, we were unfortunately unable to follow-through with our 2019 Blanket Making
Project.
Building on the successes of our past campaigns and various projects, which were made
possible by YAC Mini Grants, PATCH is excited to initiate our fourth annual Child Abuse
Awareness Campaign at Dublin High in April 2021 for National Child Abuse Prevention Month.
Our plan is to distribute waterproof child abuse awareness stickers that can be used on water
bottles or laptops and ask for a $1 donation for each sticker to generate funds for future projects.
In addition, the grant will help us purchase fabric to make 40 fleece blankets for a local abuse
shelter.
Along with bringing comfort to abused children, the April campaign project will directly
benefit Dublin teens by building their awareness of child abuse and by helping them develop
compassion for others who are hurting. The pandemic has limited our face to face gatherings.
97
However, this project will provide teens with an opportunity to still work together to serve our
community and make a positive impact in the lives of hurting children. For anyone who wants to
volunteer and participate in this project, materials and supplies will be dropped off at each
participating student’s home, along with a tutorial on how to assemble the fleece blankets. This
will allow students to continue to participate in hands-on club activities while even at home.
Finished blankets can be dropped off at a designated location or scheduled for a porch pick-up.
Our club respectfully requests a $450 grant for our Child Abuse Awareness Campaign
and Blanket Project in April 2021. The funds will allow us to purchase the following items for
our campaign and project:
1)100 stickers (printing = $50)
2)40 yds of fleece for 40 blankets @ Joann Fabrics (approx $10/yd x 40 = $400)
Total: $50 + $400 = $450
PATCH will keep records of all expenditures. Pictures will be taken throughout the
whole campaign to post on our social media sites to create more interest and participation among
Dublin High School students. A full report of the project can be presented to the Youth Advisory
Committee after the event.
Thank you for your time and consideration of our request. I hope to hear from you soon.
Sincerely,
Caitlyn Loo
PATCH President
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Name of Organization/Club:*
Address1*
City*State*Zip*
Phone:*
Primary Contact Person (Name & Title):*
Phone:*Email:*
Adult Sponsor (Name & Title):*
Phone: *Email:*
Amount Requesting:*Number of People in
Organization:*
Percent of Dublin Youth Participants:*
The Economic and Financial Literacy Club
Dublin CA 94568
Amita Grewal, Club President and Founder
Sehr Sheikh, Club Mentor
$1000
25
80%
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Yes
No
Did the Youth Organization/Club receive grant funding
in the past?*
If yes, please explain how the funding from the Youth Mini Grants was used; if the goals were met; and the impact on the
program.
I have reviewed the proposal, and to the best of my knowledge, the funds requested from the City of Dublin will be used to
provide the services described in this Request for Proposal. I also attest that the above-named organization/club have not
received a grant from the City of Dublin within the past year.
Adult Sponsor's Acknowledgement *Date: *
Sehr Sheikh 11/12/2020
100
Dear Youth Advisory Committee,
The Economic and Financial Literacy Club (EFLC) of the Quarry Lane School is a
community-based club that aims to provide students of all ages with opportunities to become
literate in basic finance and economic concepts. Students often wish that they are taught
necessary finance skills needed in adult life, but many are not given the option to do so in the
classroom. Our organization was created with the purpose to close this gap.
I.Our Project and Impact
In the state of California, high school financial literacy instruction received an “F” grade
by the Center for Financial Literacy at Champlain College in Vermont. When a basic financial
literacy test was administered by the National Financial Educator’s Council (NFEC), only
61.46% of California students aged 15 to 18 years old passed, citing a strong need for the
implementation of financial education into schools. While every school is not equally able to
provide instruction in economic and financial literacy, our organization aims to deliver a
grassroots method of education to Dublin students outside of the classroom.
Our project begins by administering NFEC’s 30-question basic financial literacy test to
interested Dublin Youth. This provides a metric for not only our organization, but the city of
Dublin, to monitor and measure the effectiveness of our program in improving the quality of
education for economic and financial literacy. By the end of the academic school year (June
2021), the students will be retested to assess their then-current financial literacy.
Our program is entirely free to students and will include monthly workshops on financial
literacy, live and recorded student-run finance lessons, and multi-medium activities. Topics of
instruction focus on decision-making and goals, income and careers, savings, investing,
retirement planning, and principles of money management. All instructional material is
101
developed upon state and non-profit organization curricula. While our program is designed
specifically for high-school students, interested Dublin youth who are currently in middle-school
are also welcome to participate.
Additionally, we aim for the scores of the reassessment of the NFEC financial literacy
test to meet and exceed the 2019 national average of 64.94% and/or increase by at least 10 points
after the completion of our program. Our fundamental purpose is to foster financial literacy in
Dublin youth in preparation for life after secondary education and beyond.
II.Use of Funds
The Economic and Financial Literacy Club of the Quarry Lane School requests $1,000 in
funding from the Dublin Youth Advisory Committee to provide quality interactive education
material pertaining to economic and financial literacy to Dublin students. 25% of these funds
would be used in purchasing original educational material from suppliers, such as Teachers Pay
Teachers. 50% of these funds would go towards presentation resources, such as a premium Zoom
subscription for hosting meetings that includes additional online tools, and a PearDeck
subscription, which is an online application that allows for presentations to be interactive in
real-time between educators and students. The remaining 25% of the proposed budget would be
used for classroom supplies and to distribute activities, such as worksheets, to students. This
percentage of the funds would cover expenses for paper, financial literacy books, printing, as
well as any mailing costs needed in order to deliver lessons to students.
III.Proof of Correct Use of Funds
To provide proof that all funds are used appropriately, a Google Drive folder will be
shared with the Youth Advisory Committee. In this folder, a sheet will detail which items were
purchased using the grant, how much of the funds were used on each particular item, the reason
102
for the purchase of this item, and receipts of purchase. As this folder will act as a living
document, it will ensure that at any given moment, the committee will be able to see how funds
are presently being used.
The proposed funds will allow the Economic and Financial Literacy Club of QLS to grow
from just a single school to a community-wide project across the City of Dublin, improving not
only individual outreach, but financial literacy education which will support Dublin youth for
years to come.
Sincerely,
Amita K. Grewal
(Club Founder & President)
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Name of Organization/Club:*
Address1*
City*State*Zip*
Phone:*
Primary Contact Person (Name & Title):*
Phone:*Email:*
Adult Sponsor (Name & Title):*
Phone: *Email:*
Amount Requesting:*Number of People in
Organization:*
Percent of Dublin Youth Participants:*
Dublin HOSA (Health Occupations Students of America - Future Health Professionals)
Dublin CA 94568
Ryan Wong/Aanika Bedi (Co-presidents)
Dr. Julianne Sundstrom (Chapter Advisor)
$250
177
100% are youth in Dublin
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Yes
No
Did the Youth Organization/Club receive grant funding
in the past?*
If yes, please explain how the funding from the Youth Mini Grants was used; if the goals were met; and the impact on the
program.
I have reviewed the proposal, and to the best of my knowledge, the funds requested from the City of Dublin will be used to
provide the services described in this Request for Proposal. I also attest that the above-named organization/club have not
received a grant from the City of Dublin within the past year.
Adult Sponsor's Acknowledgement *Date: *
We were lucky enough to get a grant from YAC two years ago, involving transportation costs to a large state conference. The
money was spent by making HOSA members pay less for transportation to and from the conference. With the funds given to
us by YAC, we were able to make prices of the trip more affordable and several more members were able to come to the trip.
This conference was beneficial and a positive impact to those members as it allowed them to network with HOSA members
from all over the state and dove deep into different medicine and science topics.
Julianne Sundstrom 11/12/2020
105
106
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Name of Organization/Club:*
Address1*
City*State*Zip*
Phone:*
Primary Contact Person (Name & Title):*
Phone:*Email:*
Adult Sponsor (Name & Title):*
Phone: *Email:*
Amount Requesting:*Number of People in
Organization:*
Percent of Dublin Youth Participants:*
GARDENERS OF THE GALAXY
Dublin CA 94568
Arjun Karur-Parekh
Frank Castro, Child Nutrition DIrector, DUSD
1500
20-50(anticipated, modt
likely 20 by next week)
100%
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Yes
No
Did the Youth Organization/Club receive grant funding
in the past?*
If yes, please explain how the funding from the Youth Mini Grants was used; if the goals were met; and the impact on the
program.
I have reviewed the proposal, and to the best of my knowledge, the funds requested from the City of Dublin will be used to
provide the services described in this Request for Proposal. I also attest that the above-named organization/club have not
received a grant from the City of Dublin within the past year.
Adult Sponsor's Acknowledgement *Date: *
Frank Castro 11/10/2020
109
Dear Ms.Bridget,
Here is my proposal for the Dublin Youth Grant.
My name is Arjun Karur-Parekh and I am a freshman at Dublin
High school . I have been gardening since I was in 5th grade and I want
to start a club called the “Gardeners of the Galaxy” . The intent is to
introduce others to gardening, grow and donate food so we can all do our
part in contributing to relief efforts during the COVID-19 pandemic.
Our club will be focusing on growing microgreens for the students
at DUSD. It will consist of 20 to 50 students who will be growing and
delivering them to the DUSD school kitchens.
The addition of microgreens to the menu will enhance the
nutritional value because the number of minerals and vitamins are more
densely compacted in the baby greens than the full-grown ones. One tray
of microgreens has about 4 servings. If 20 club members are growing 10
trays/week, we can grow 800 servings which will feed 160
110
students/day/school week! If we get 50 club members that number goes
up to 2000 servings, or 400 students fed every school day!
If we wish to sustain this project, funding is crucial and will be used
to buy trays, soil, and seeds. The cost of growing 1 tray is about $8.50
with the materials we have identified on the open market. With further
research, we hope to reduce the cost by a considerable amount and plan
on reaching out to local businesses who can give us bulk pricing.
For proving that the funds were used as proposed, pictures will be
sent at certain milestones, ie. first zoom meeting, first growth, first delivery
to school among others. Additionally, we will create a website to motivate
more people to join us and to log our progress. The website will have
information on our club, videos on how to grow and a materials list, along
with other useful information. Lastly, we will keep receipts as proof of all
purchases made and maintain all accounts.
In order to ensure the safety of the food we are growing , I am
currently communicating with the supervisor at the Alameda County
Department of Environmental Health. She has been very encouraging and
we are in the process of applying for necessary licenses to ensure food
safety.
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We hope to secure your support with this grant in order to help the
hundreds of students affected by food insecurity and to do our part in
helping to make the COVID-19 pandemic easier for those most in need.
Sincerely,
Arjun Karur-Parekh
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11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3832
https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3832 3/3
Yes
No
Did the Youth Organization/Club receive grant funding
in the past?*
If yes, please explain how the funding from the Youth Mini Grants was used; if the goals were met; and the impact on the
program.
I have reviewed the proposal, and to the best of my knowledge, the funds requested from the City of Dublin will be used to
provide the services described in this Request for Proposal. I also attest that the above-named organization/club have not
received a grant from the City of Dublin within the past year.
Adult Sponsor's Acknowledgement *Date: *
The Youth Mini Grant was awarded to the Quarry Lane Environmental Club in the past. A large portion of the money from
previous years has been dedicated towards creating a Rain Garden on our school campus. The Rain Garden provides the
Dublin community with countless benefits such as reducing pollution, replenishing groundwater, providing a habitat for native
wildlife, and filtering surface water runoff. However, above all, it allowed the youth to come together in solidarity to be a part of
the solution to climate change. Since the creation of the Rain Garden, the Quarry Lane Environmental Club has expanded it
by adding solar-powered lights and extending the garden. It has also been used for organizing the large Earth Day
celebrations, but since last year we could not hold the event in person, we used the funding to create a program for a virtual
Earth Day celebration that still placed an emphasis upon educating the youth of Dublin on various environmental issues. The
money was also used to organize park and creek cleanups in the Dublin area, which allowed the beautification of the city as
well as provided the youth with an enriching activity where they received the opportunity to have a hands-on experience of
taking steps towards preserving the planet. Lastly, the remaining money was dedicated towards holding workshops for
elementary schoolers in the city of Dublin. With the funding from the YAC Mini Grant, the Quarry Lane Environmental Club was
able to meet most of our goals and accomplish all of our projects. The projects and events that we completed/organized would
not have been possible without the funding from the Youth Mini Grant, so the program was very beneficial in bringing our ideas
about environmentalism to fruition.
Mr. Art Squillante 11/7/2020
114
Youth Mini Grant Proposal
The Quarry Lane Environmental Club is a student-driven club that is focused on creating
an increased awareness of environmental issues with an emphasis on educating and empowering
students to be more involved in maintaining the well-being of our environment. The
Environmental Club is one of the most popular clubs on the Quarry Lane School campus and has
an instrumental role in coordinating events and seminars throughout the school year to ensure a
greener future.
Identifying environmental illiteracy as a key issue in our community, the Quarry Lane
Environmental Club is launching the first environmental educational magazine at our school.
Through this effort, we strive to educate the youth of Dublin on the pressing environmental
issues and highlight why combating these should be our top priority. We have already published
two editions of our environmental magazine called “Wild & Wondrous” that is available to
everyone (not just our school community) for free. Each magazine edition is focused on a
different topic so that students gain a comprehensive understanding of the importance of action.
Given our current circumstances, it has become difficult to organize in-person events during the
school year that can encourage students to take steps towards preserving our planet, so we
believe that creating this magazine is a unique outlet to inspire the youth of Dublin and instill in
their minds the necessity of environmentalism. In addition, the Quarry Lane Environmental Club
will continue to organize and hold environmental seminars/workshops (virtually for now) that
will help enrich the Dublin youth by fostering a love for community service and leadership in
students and empowering individuals to lead their own initiatives.
115
The Quarry Lane Environmental Club is also creating a podcast to supplement our
magazine efforts that will be publicly available for free. We are inviting renowned environmental
changemakers onto the podcast so that they can speak about their actions and how they witness
first-hand the drastic consequences of various environmental issues. This podcast will allow the
youth of Dublin to listen to the advice of environmental trailblazers and will equip them with a
new lens to view the world around them, ultimately ridding the youth cohort of ignorance and
inspiring them to take steps towards creating a healthier environment.
Lastly, the Quarry Lane Environmental Club organizes an annual Earth Day celebration
that is open to all Dublin residents. The Earth Day celebration is a fun-filled event that features
live entertainment, informative speakers, local sustainable vendors, as well as various student-
driven efforts and talents on/off campus. The primary goal of this event is to promote local
solidarity and increase environmental awareness, while showing the students how even small
changes in our everyday lives can help make a difference.
The funds from the Youth Mini Grant will be used to help further our goals to educate the
youth in Dublin by dedicating more resources towards our recent projects. In particular, the grant
money will be used to invite prestigious speakers onto our podcast so that the youth can connect
to the movement of environmentalism on a more personal level and hear the nuanced
perspectives that these environmental leaders have to offer. In addition, the grants will be
extremely useful for allowing our magazine to reach a wider audience, for conducting
environmental workshops and seminars in the city, and for putting together the grand Earth Day
celebration that our club hosts annually. In order to provide proof of how the funds were used,
the Quarry Lane Environmental Club will send all episodes of our podcast as well as all of our
environmental magazine editions to the city. In addition, for the other educational seminars that
116
we put on (virtually or in-person) and the Earth Day celebration, we will send numerous pictures
to show the scale of the event as well as invoices from vendors.
The Youth Mini Grant was awarded to the Quarry Lane Environmental Club in the past.
A large portion of the money from previous years has been dedicated towards creating a Rain
Garden. The Rain Garden provides the Dublin community with countless benefits such as
reducing pollution, replenishing groundwater, providing a habitat for native wildlife, and
filtering surface water runoff. However, above all, it allowed the youth to come together in
solidarity to be a part of the solution to climate change. Since the creation of the Rain Garden,
the Quarry Lane Environmental Club has expanded it by adding solar-powered lights and
extending the garden. The funds have also been used for organizing the large Earth Day
celebrations and conducting park and creek cleanups in the Dublin area, which allowed the
beautification of the city as well as provided the youth with an enriching activity where they
received the opportunity to have a hands-on experience of taking steps towards preserving the
planet.
117
STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.6
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Commercial Façade Improvement Grant Program Agreement between the
City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC for
Improvements to 6440 Dublin Court
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving a Commercial Façade Improvement Grant Program
Agreement between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC to
assist with the façade improvements to 6440 Dublin Court.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement
between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC.
FINANCIAL IMPACT:
The proposed agreement provides a grant in the not-to-exceed amount of $50,000 to the
applicant. Funding for this grant is available in the General Fund Reserve for Façade Improvement
Grants.
DESCRIPTION:
In December 2011, the City Council adopted the Commercial Façade 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), encourage the retention of existing businesses, and increase property values and
tenant stability 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 allowance for
architectural assistance, encourage timely results, prioritize selection of projects which promote
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Page 2 of 3
downtown activation (such as outside gathering and dining spaces), promote project
competitiveness, clarify applicant preparedness, and 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 façade improvement grants. Applicants
have the following options:
1. Mini-Grant - this grant provides reimbursement of up to $5,000 for commercial building
façade 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 façade improvement costs.
In November 2020, Staff received an application for a Matching Grant from Daniel Kim, CEO of
Brooks Motor Cars (Applicant). The Applicant has leased the former Office Depot retail building at
6440 Dublin Court and requested a $70,000 grant to help offset improvements to the parcel to
create a new, state-of-the-art auto body repair facility, including, but not limited to the following:
Enhanced entry feature, and matching architectural features on two sides of the building.
Exterior signage.
New exterior siding and painting.
Glass upgrades to windows.
On December 9, 2020, the City Council’s Economic Development Committee considered the
application and by consensus, recommended a grant not to exceed $50,000 to help offset the
façade improvement costs. This recommendation falls under the Committee's purview to provide
policy guidance and direction on economic development activities.
In the original application, the Applicant estimated that the total improvements would cost more
than $284,000, however, since the Economic Development Committee reviewed the application,
the Applicant has separated some of the work to a different building permit so the scope of the
project as it relates to the exterior façade improvements is now estimated to be more than
$90,000, which still meets the matching requirement of the Program.
The proposed agreement includes a scope of work that meets the criteria established in the
Program and provides the Applicant with a reimbursement grant up to $50,000 of the total project
cost.
This agreement will result in improvements to the façade of the property, thus enhancing the
appearance and character of the Program Area to the benefit of the community. Staff believes that
this façade improvement will achieve the goals of the Program as well as generate new retail
interest, thus creating additional interest from other property owners in the area to participate in
the Program.
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Page 3 of 3
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report has been provided to the Applicant and the City Council Agenda was
posted.
ATTACHMENTS:
1) Resolution Approving a Commercial Façade Improvement Grant Program Agreement between
the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC
2) Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement
between the City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC
120
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF DUBLIN, BROOKS MOTOR CARS, LLC
AND DAVIS ENTERPRISES, 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 Façade 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,Tenant leases from Property Owner certain real property located at 6440
Dublin Court (A.P.N. 941-1400-009-02), ("the Property"), located in the Program area within
the City; and
WHEREAS,the applicant intends to improve the facade of the building on the Property;
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 Brooks
Motor Cars, LLC and Davis Enterprises, LLC for Improvements to 6440 Dublin Court not to
exceed $50,000 for certain eligible façade 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.
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PASSED, APPROVED AND ADOPTED this 12th day of January, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
____________________________
City Clerk
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Commercial Façade Improvement Grant Program Agreement between City of Dublin,
Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 1 of 14
City Grant Amount: $50,000
Matching Funds: $43,000
Estimated Project Total:$93,000
COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT
BETWEEN THE CITY OF DUBLIN, BROOKS MOTOR CARS, LLC AND
DAVIS ENTERPRISES, LLC
THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
AGREEMENT ("Agreement") dated January 12, 2021, 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"), Brooks Motor Cars, LLC (“Tenant”) and Davis Enterprises,
LLC (“Owner”). Owner and Tenant shall be collectively referred to as "Applicant."
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.Tenant has a long-term lease for certain real property located at 6440
Dublin Court (A.P.N. 941-1400-009-02), in Dublin, California (the “Site”), and within the
boundaries outlined by the Commercial Façade Improvement Grant Program Guidelines
(“Program Guidelines”).
C.Tenant 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.
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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 A (the “Project”).
2.2 Commercial Façade Improvement Grant Funds.The City agrees to
reimburse to the Tenant a sum not to exceed fifty thousand dollars ($50,000) (the “Grant
Amount”), for certain eligible improvements (the “Eligible Improvements”) as set forth
below:
a. The Grant Amount may be used only to fund those Eligible Improvements
identified in Exhibit B 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 A)
and the City approvals, the City shall issue a check made payable to the
Tenant in an amount equal to the lesser of the Grant Amount or the actual
amount of the invoices submitted to the City by the Tenant. 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.
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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. Notwithstanding the
foregoing, no work shall be performed prior to both 1) issuance of the Building Permit
and 2) approval of this Agreement by the Dublin City Council. Any work performed prior
to both building permit issuance and City Council approval will not be eligible for
reimbursement.
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 this Section 2.6.
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 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
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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
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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 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 10. 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.
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”). No endorsement shall be attached limiting the coverage.
3.2.1.3 Acceptability of Insurers. All insurance required by this
section is to be placed with insurers with a Bests' rating of no less
than A:VII.
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3.2.1.4 Additional requirements. Each of the following shall be included
in the insurance coverage or added as an endorsement to the
policy:
a.The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b.City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Contractor; or automobiles owned, leased, hired, or
borrowed by the Contractor.
c.Contractor hereby agrees to waive subrogation which any
insurer or contractor may require from vendor by virtue of the
payment of any loss. Contractor agrees to obtain any
endorsements that may be necessary to affect this waiver of
subrogation.
d.For any claims related to this Agreement or the work
hereunder, the Contractor’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Contractor’s insurance and
shall not contribute with it.
e.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.
3.2.1.4.1 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.
3.2.1.4.2 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.
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3.2.1.5 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:
i.Certificate(s) of Commercial General Insurance and
Automobile Liability Insurance; and
ii.Additional Insured Endorsement such as CG 20 10
“Designated Person Or Organization 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.
3.2.1.6 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.
3.2.1.7 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.
3.2.1.8 Deductibles and Self-Insured Retentions. Applicant and
its contractor(s) shall disclose to and obtain the written approval of
City for the self-insured retentions and deductibles before beginning
any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, employees, and volunteers; or the
Contractor shall provide a financial guarantee satisfactory to the
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City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
3.2.1.9 Wasting Policies. No policy required by this Section 3 shall
include a “wasting” policy limit (i.e. limit that is eroded by the cost of
defense).
3.2.1.10 Endorsement Requirements. Each insurance policy
required by this Section 3 shall be endorsed to state that coverage
shall not be canceled by either party, except after 30 days’ prior
written notice has been provided to the City.
3.2.1.11 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 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.
3.2.1.12 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
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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.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.
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5.1 Improvements Cannot Be Removed by Applicant Without City’s
Consent. All Eligible Improvements will become permanent fixtures of the property and
cannot be removed by Owner upon expiry or termination of the lease of current tenant
at the Site 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 6.LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this
Agreement.
6.2 Compliance with Applicable Laws. Applicant and its Contractor and
any subcontractors shall comply with all laws applicable to the performance of the work
hereunder.
6.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity, Applicant shall
comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
6.4 Licenses and Permits. Applicant represents and warrants to City that its
Contractor and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally required to
practice their respective professions. Applicant represents and warrants to City that its
Contractor and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions.
In addition to the foregoing, Applicant shall obtain and maintain during the term of this
Agreement valid Business Licenses from City and Applicant’s Contractor and any
subcontractors shall obtain and maintain a valid Business Licenses from City during the
construction phase of the project.
6.5 Nondiscrimination and Equal Opportunity. Applicant and its Contractor
and any subcontractors shall not discriminate, on the basis of a person’s race, sex,
gender, religion (including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic
information, gender identity or expression, political affiliation or belief, military/veteran
status, or any other classification protected by applicable local, state, or federal laws
(each a “Protected Characteristic”), against any employee, applicant for employment,
subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for
any services or programs provided by Applicant under this Agreement.
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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.
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
Attention: City Manager
Phone 925-833-6650
Email: city.manager@dublin.ca.gov
To Tenant:
Brooks Motor Cars
6440 Dublin Court, Dublin, CA 94568
Attention: Daniel Kim, CEO
Phone: 510-495-5477
Email: dan@brooksmotorcars.com
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To Property Owner:
Davis Enterprises, LLC
Care of James W. McKeehan, Attorney
4670 Willow Road, Pleasanton, CA 94588
Phone: 925-463-1122
Email:
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, including the scope of work attached hereto
and incorporated herein as Exhibit A, contains the entire understanding between the
parties relating to the transactions contemplated by this Agreement. All prior or
contemporaneous agreements, understandings, 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
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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.
7.13 Disclosure of Documents. Applicant acknowledges that the City is
subject to the provisions of the California Public Records Act and that any information
submitted to the City may be disclosed to the extent required by law.
7.14 Liability. Owner is wholly liable for any Claims arising out of this
Agreement.
7.15 Termination. In addition to City’s right to terminate under Section 2.4 and
2.5, City or Applicant may terminate this Agreement upon written Notice to the other in
the event that the other party fails to comply with its obligations under this Agreement.
The Parties have executed this Commercial Façade Improvement Grant Program
Agreement as of the Effective Date. The persons whose signatures appear below
certify that they are authorized to sign on behalf of the respective Party.
SIGNATURES ON THE FOLLOWING PAGE
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CITY OF DUBLIN:
By:Date:
Linda Smith, City Manager
ATTEST:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
City Attorney
BROOKS MOTOR CARS, LLC
By:Date:
Name: _____________________
Title: ______________________
DAVIS ENTERPRISES, LLC:
By: Date:
Name: _____________________
Title: ______________________
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EXHIBIT A
PROJECT SCOPE OF WORK
Rendering of new façade for 6440 Dublin Court (A.P.N. 941-1400-009-02),
in Dublin, California:
Rendering of view from Interstate 580:
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EXHIBIT B
ELIGIBLE IMPROVEMENTS
Tenant has a long-term lease for certain real property located at 6440 Dublin Court
(A.P.N. 941-1400-009-02), in Dublin, California and shall construct and install the
façade improvements including, but not limited to the following:
Enhanced entry feature and matching architectural features on two sides
of the building
Exterior signage
New exterior siding and painting
Glass upgrades to windows
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STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.7
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Agreement for Long Term Encroachment for Landscape Features Within
Public Street Rights-of-Way Within the Boulevard Development
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving the Amended and Restated Agreement for Long Term
Encroachment for Landscape Features Within Public Street Rights-of-Way Within the Boulevard
Development, as required by the project conditions of approval.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Amended and Restated Agreement for Long Term
Encroachment for Landscape Features Within Public Street Rights-of-Way Within the Boulevard
Development.
FINANCIAL IMPACT:
There is no impact to the General Fund to prepare and approve the agreement. All Staff time and
costs to prepare the agreement are borne by the developer.
DESCRIPTION:
The Agreement for Long Term Encroachment for Landscape Features provides for the
Homeowners’ Association to maintain project-related landscape and decorative features within
the public street rights-of-way within and along the development, including storm water bio-
retention areas, Silva Cells, trash capture devices, low flow inlets, decorative paving, decorative
pavers, decorative stamped asphalt concrete, trail, landscape plantings, groundcover, trees,
irrigation, sidewalk, theme walls, retaining walls, and concrete headwalls. The project conditions
of approval require this agreement as a condition of the final map for each neighborhood.
This Amended and Restated Agreement for Long Term Encroachment for Landscape Features
within Public Street Rights-of-Way within the Boulevard Development amends, restates, and
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Page 2 of 2
replaces in entirety those certain Agreements for Long Term Encroachment for Landscape
Features which were previously recorded. The prior agreements are as follows:
1.Agreement for Long Term Encroachment for Landscape Features within Tract 8150
Boulevard Phase 1A, recorded on October 24, 2016 as series number 2016276628;
and
2.Agreement for Long Term Encroachment for Landscape Features within Tract 8309
Fillmore at Boulevard and Sunset at Boulevard Phase 1B, recorded on November 27,
2017 as series number 2017260053.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Amended and Restated Agreement for Long Term Encroachment for
Landscape Features within Public Street Rights-of-Way within the Boulevard Development
2) Exhibit A to Resolution - Amended and Restated Agreement for Long Term Encroachment for
Landscape Features within Public Street Rights-of-Way within the Boulevard Development
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted 01/12/21 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AMENDED AND RESTATED AGREEMENT FOR LONG TERM
ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN PUBLIC STREET RIGHTS-OF-
WAY WITHIN THE BOULEVARD DEVELOPMENT
WHEREAS,on March 25, 2014, the Planning Commission adopted Resolution No. 14-14
approving the vesting tentative map 8150 for the Boulevard (formerly Dublin Crossing) project to
subdivide 189 acres into five master parcels to coincide with the five phases of development; and
WHEREAS,vesting tentative map condition of approval number 54 requires the developer
to enter into an agreement for long term encroachment to allow the Master Homeowners’
Association to maintain landscape and decorative features within public street rights-of-way; and
WHEREAS,two agreements for Tract 8150 Phase 1A and Tract 8309 Phase 1B were
previously approved and recorded on October 24, 2016 (Alameda County Recorder Series No.
2016276628) and November 27, 2017 (Alameda County Recorder Series No. 2017260053),
respectively, with the associated final maps and are hereby amended and restated with the
Amended and Restated Agreement for Long Term Encroachment for Landscape Features Within
Public Street Rights-of-Way Within the Boulevard Development, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Amended and Restated Agreement for Long Term Encroachment for Landscape Features
Within Public Street Rights-of-way Within the Boulevard Development.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amended
and Restated Agreement for Long Term Encroachment for Landscape Features Within Public
Street Rights-of-Way Within the Boulevard Development, attached hereto as Exhibit A,and make
any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 12th day of January 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
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Reso. No. XX-21, Item X.X, Adopted 01/12/21 Page 2 of 2
City Clerk
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1
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AMENDED AND RESTATED AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN PUBLIC STREET RIGHTS-OF-WAY
WITHIN THE BOULEVARD DEVELOPMENT
THIS AMENDED AND RESTATED AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN PUBLIC STREET RIGHTS OF WAY WITHIN
THE BOULEVARD DEVELOPMENT (“Agreement”) is made between the City of Dublin
(“City”) and Dublin Crossing, LLC, the master developer managing real property shown on
Exhibit A of this Agreement (“Master Developer”).
1.Landscape Features: Master Developer, as part of the Boulevard Development,
anticipates the construction of landscape features within the City’s rights of ways
on the following streets (listed alphabetically):
•Arnold Road,
•Cascade Street,
•Central Parkway,
•Columbus Street,
•Dublin Boulevard,
•El Dorado Lane,
•Horizon Parkway,
•Iron Horse Parkway,
•Nugget Way, and
•Sterling Street.
Construction details for these landscape features are shown on the various landscape
improvement plans approved with each Tract or Off-site Improvement Plan Set, on file
with the Public Works Department. The scope of the landscape improvements covered
under this Agreement is shown on Exhibit B, and is generally described as storm water
bio-retention areas, Silva Cells, trash capture devices, low flow inlets, decorative paving,
decorative pavers, decorative stamped asphalt concrete, trail, landscape plantings,
groundcover, trees, irrigation, sidewalk, theme walls, retaining walls, and concrete
headwalls (collectively, the “Landscape Features”). Landscape Features shall also
include all improvements situated within the “Licensed Areas” as defined in the
“Maintenance Agreement between the City of Dublin and Dublin Crossing, LLC as
Relating to the Licensed Areas” (“Maintenance Agreement”).
Attachment 2
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2
2. Encroachment Permit: This Agreement shall provide the Master Developer
with an on-going encroachment permit for the maintenance and inspection
activities required within City rights-of-way per the terms of this Agreement.
Master Developer shall notify the City 48-hours in advance whenever
maintenance work is to be performed within the City rights-of-way and the scope
of work reviewed by the City. The Master Developer shall obtain an individual
encroachment permit for maintenance work that involves construction activities
within City rights-of-way that necessitate the temporary closure of lanes or
sidewalks requiring the review and approval of a traffic control plan. The City
must grant the encroachment permit for all maintenance required under this
Agreement and all the conditions imposed by the City must be consistent with the
provisions of this Agreement. If there is a conflict between any provisions of this
Agreement and the encroachment permit, the provisions of this Agreement shall
prevail over the conditions of the encroachment permit.
3. Ownership: Master Developer shall own all Landscape Features, as described
above, excluding certain Landscape Features that Master Developer is obligated
to maintain pursuant to the Maintenance Agreement. Master Developer formed
the Boulevard Master Owners Association (“Master Association”), a California
nonprofit mutual benefit corporation. The Master Declaration of Covenants,
Conditions, and Restrictions of Boulevard (“Master Declaration”) assigned
responsibility for the maintenance of Landscape Features, irrespective of where
they are located, to the Master Association.
4. Operations and Maintenance: Master Developer shall maintain and repair all
Landscape Features, within the designated areas, in a safe manner consistent with
the various landscape improvement plans to the reasonable satisfaction of the City
at its sole cost and expense, including electric power and water cost. Master
Developer shall perform all obligations as required by the Maintenance
Agreement. Master Developer will be responsible at its sole cost to replace or
repair any Landscape Feature damaged or removed during the maintenance or
repair of sewer, water, drainage or utility improvements by the City, Dublin San
Ramon Services District or utility company, unless such damage or removal is
caused by the negligence, gross negligence or willful misconduct of the City,
Dublin San Ramon Services District or utility company.
5. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
relocated, the City and Master Developer will execute a modification to this
Agreement to reflect the maintenance and operations at its new location,
provided, however, that the City is under no obligation to relocate any of the
Landscape Features.
6. Insurance: Master Developer shall obtain and maintain in effect a combined
single limit policy of liability insurance not less than one million dollars
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3
($1,000,000) covering the Landscape Features and shall name the City and the
Community Facilities District as additional insureds.
7. Indemnification: Master Developer shall indemnify, defend and hold the City
harmless from and against any and all loss, claims, liability damage or expense or
cost the City may incur or become liable for or for which a claim is made by a
third party, due to or arising out of Master Developer’s construction, maintenance
or operations of the Landscape Features unless caused by the negligence, gross
negligence or willful misconduct of the City, its agents, contractors or employees.
8. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity and are appurtenant to the
Boulevard Development.
9. Right to Assign: The Master Association shall perform all obligations set forth
in this Agreement which are applicable to Landscape Features situated on
property owned or maintained by the Master Association as provided in the
Master Declaration, on City property adjacent to such property or on property
owned by Alameda County Flood Control and Water Conservation District
(“Zone 7”). Upon delivery of written notice by Master Developer to the City
pursuant to Section 11 that Master Developer has provided notice to the Master
Association that the Master Association is obligated to perform all obligations set
forth in this Agreement, this Agreement shall be deemed fully assigned by Master
Developer to the Master Association and the Master Developer shall be released
from all obligations pursuant to this Agreement which arise after such notice. In
addition to assignment as provided in the preceding provisions of this Section 9,
Master Developer may assign any or all rights, interests and obligations of Master
Developer arising under this Agreement to a successor in interest of Master
Developer with respect to all or a portion of the Landscape Features; provided,
however, that no such assignment of Master Developer’s rights, interests and
obligations under this Agreement shall occur without prior written notice to the
City and written approval by the City Manager, which approval shall not be
unreasonably withheld, conditioned or delayed. The City Manager shall consider
and decide on any assignment within ten (10) days after Master Developer’s
notice thereof, provided all necessary documents and other information are
provided to the City Manager to enable the City Manager to assess the
assignment. Upon receipt of a request by the City to Master Developer of a
request to complete the notice of assignment to the Master Association as
provided in this Section 9, Master Developer shall promptly notify the Master
Association and thereby complete the assignment to the Master Association.
10. Successors and Assigns: Each reference to the “City” in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the “Master Developer” in this Agreement shall be deemed to refer
to Dublin Crossing, LLC and include all successors and assigns of Dublin
Crossing, LLC.
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Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered
personally to the party to whom notice is to be given (including messenger
or recognized delivery or courier service) or on the second day after
mailing, if mailed to the party to whom notice is to be given, by first-class
mail, postage prepaid, and properly addressed as follows:
City:
City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Master Developer:
Dublin Crossing, LLC
500 La Gonda Way
Suite 100
Danville, CA 94526
11. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
12. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
13. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
14. Restatement of Original Agreements. This Agreement amends, restates, and
replaces in entirety those certain Agreements for Long Term Encroachment for
Landscape Features which were recorded in the Official Records of Alameda
County, California (the “Prior Agreements”). The Prior Agreements are:
146
5
a. Agreement for Long Term Encroachment for Landscape Features within Tract
8150 Boulevard Phase 1A, recorded on October 24, 2016 as series number
2016276628; and
b. Agreement for Long Term Encroachment for Landscape Features within Tract
8309 Fillmore at Boulevard and Sunset at Boulevard Phase 1B, recorded on
November 27, 2017 as series number 2017260053.
15. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
Dated this ___________ day of ______________________, 202_.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By: ______________________
Linda Smith
City Manager
MASTER DEVELOPER:
Dublin Crossing, LLC
By: __________________________
Name:________________________
Title:_________________________
By: __________________________
Name:________________________
Title:_________________________
147
148
149
150
151
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
CLTA Preliminary Report Form – Modified (11/17/06) Page 3
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
AND BEING A PORTION OF THE 3636.1222 ACRES OF LAND DESCRIBED IN THE FINAL JUDGMENT OF
RECORD IN THE DISTRICT COURT OF THE UNITED STATES IN AND FOR THE NORTHERN DISTRICT
OF CALIFORNIA SOUTHERN DIVISION CIVIL NO. 22352-R DATED JULY 21, 1947 AND RECORDED ON
AUGUST 1, 1947 IN BOOK 5132, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY, SAME REAL
PROPERTY SHOWN ON RECORD OF SURVEY 2031 FILED ON JUNE 23, 2006 IN BOOK 31 OF RECORDS OF
SURVEY AT PAGE 28 IN THE OFFICE OF THE COUNTY SURVEYOR AND RECORDED AS SERIES NO.
2006-243022 IN THE OFFICIAL RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT A 3/4 INCH IRON PIPE AND TAG, STAMPED LS 3187 (HEREAFTER REFERRED TO AS
IRON PIPE) AT THE INTERSECTION OF THE CENTERLINE OF ARNOLD ROAD AND THE NORTH RIGHT-
OF-WAY LINE OF DUBLIN BOULEVARD; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE WITH THE
FOLLOWING FOUR (4) CALLS:
(1) SOUTH 52 DEGREES 40 MINUTES 28 SECONDS WEST 871.26 FEET TO AN IRON PIPE ON THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1,905.00 FEET;
THENCE
(2) SOUTHWESTERLY 556.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEGREES
44 MINUTES 09 SECONDS TO AN IRON PIPE ON THE BEGINNING OF A CURVE, CONCAVE TO THE
NORTH, HAVING A RADIUS OF 1,905.00 FEET; THENCE
(3) SOUTHWESTERLY 725.24 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 DEGREES
48 MINUTES 46 SECONDS TO AN IRON PIPE; THENCE
(4) NORTH 88 DEGREES 46 MINUTES 37 SECONDS WEST 1,214.28 FEET TO AN IRON PIPE ON THE WEST
BOUNDARY OF THE PARKS RESERVE FORCES TRAINING AREA; THENCE WITH SAID WEST
BOUNDARY FOR THE FOLLOWING FIVE (5) CALLS
(1) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 1,113.05 FEET TO AN IRON PIPE; THENCE
(2) NORTH 43 DEGREES 31 MINUTES 08 SECONDS EAST 100.0 FEET TO AN IRON PIPE; THENCE
(3) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 1,123.43 FEET TO AN IRON PIPE ON THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 11,309.19 FEET;
THENCE
(4) NORTHWESTERLY 308.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 DEGREES
33 MINUTES 39 SECONDS TO A NAIL AND TAG (LS NO. 3187) IN THE CENTERLINE OF DOUGHERTY
ROAD; THENCE WITH SAID CENTERLINE
(5) NORTH 01 DEGREES 13 MINUTES 03 SECONDS EAST 105.60 FEET TO A POINT 25.00 FEET SOUTH OF
THE CENTERLINE OF 5TH STREET; THENCE WITH A LINE 25.00 SOUTH OF AND PARALLEL WITH SAID
CENTERLINE
..
.
152
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 4
SOUTH 88 DEGREES 24 MINUTES 15 SECONDS EAST 3,107.51 FEET (PASSING AN IRON PIPE AT 65.00
FEET AND 1,714.82 FEET) TO AN IRON PIPE; THENCE
NORTH 38 DEGREES 41 MINUTES 57 SECONDS EAST 720.96 FEET TO AN IRON PIPE 25.00 FEET SOUTH
OF 6TH STREET AND 25.00 FEET EAST OF HUTCHINS AVENUE; THENCE WITH A LINE 25.00 SOUTH OF
AND PARALLEL WITH SAID CENTERLINE OF 6TH STREET
SOUTH 88 DEGREES 24 MINUTES 15 SECONDS EAST 1,353.13 FEET (PASSING AN IRON PIPE AT 1,323.13
FEET) TO A POINT IN THE CENTERLINE OF ARNOLD AVENUE; THENCE WITH SAID CENTERLINE
SOUTH 01 DEGREES 23 MINUTES 29 SECONDS WEST 1,480.08 FEET (PASSING AN IRON PIPE AT 1,360.84
FEET) TO THE POINT OF BEGINNING.
IT BEING THE INTENT OF THE FOREGOING DESCRIPTION TO BE PART OF THE LANDS ACQUIRED
UPON THE FILING OF DECLARATION OF TAKING, AMENDMENT TO DECLARATION OF TAKING AND
SECOND AMENDMENT TO DECLARATION OF TAKING ENTITLED UNITED STATES OF AMERICA V.
3396 ACRES OF LAND, MORE OR LESS, IN ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA,
ADA CLEMENT, ET AL, FILED IN THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, CIVIL NO. 22352-B, JUDGMENT EFFECTIVE 27
AUGUST 1945.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE QUITCLAIM DEED FROM THE UNITED
STATES OF AMERICA TO DUBLIN CROSSING VENTURE LLC, A DELAWARE LIMITED LIABILITY
COMPANY RECORDED MARCH 7, 2014, INSTRUMENT NO. 2014-64105, OFFICIAL RECORDS.
PARCEL 2:
REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
AND BEING A PORTION OF THE 3636.1222 ACRES OF LAND DESCRIBED IN THE FINAL JUDGEMENT OF
RECORD IN THE DISTRICT COURT OF THE UNITED STATES IN AND FOR THE NORTHERN DISTRICT
OF CALIFORNIA SOUTHERN DIVISION CIVIL NO. 22352-R DATED JULY 21, 1947 AND RECORDED ON
AUGUST 1, 1947 IN BOOK 5132, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY, SAME REAL
PROPERTY SHOWN ON RECORD OF SURVEY 2031 FILED ON JUNE 23, 2006 IN BOOK 31 OF RECORDS OF
SURVEY AT PAGE 28 IN THE OFFICE OF THE COUNTY SURVEYOR AND RECORDED AS SERIES NO.
2006-243022 IN THE OFFICIAL RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT AN IRON PIPE ON THE NORTH RIGHT-OF-WAY LINE OF DUBLIN BOULEVARD AND
THE WEST BOUNDARY OF PARK RESERVES FORCES TRAINING AREA; THENCE WITH SAID WEST
BOUNDARY FOR THE FOLLOWING TWO (2) CALLS:
(1) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 1,113.05 FEET TO AN IRON PIPE;
(2) NORTH 43 DEGREES 31 MINUTES 08 SECONDS EAST 100.00 FEET TO AN IRON PIPE; THENCE
CROSSING THE LANDS OF PARK RESERVES FORCES TRAINING AREA WITH THE FOLLOWING TWO
(2) CALLS:
(1) NORTH 43 DEGREES 31 MINUTES 08 SECONDS EAST 30.00 FEET;
(2) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 35.02 FEET TO THE SOUTHWEST CORNER OF
SAID NASA PROPERTY, BEING THE POINT OF BEGINNING; THENCE WITH BOUNDARY OF SAID NASA
PROPERTY FOR THE FOLLOWING FIVE (5) CALLS:
..
.
153
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 5
(1) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 525.48 FEET TO AN IRON PIPE;
(2) SOUTH 88 DEGREES 26 MINUTES 29 SECONDS EAST 1,245.99 FEET TO AN IRON PIPE;
(3) SOUTH 01 DEGREES 35 MINUTES 14 SECONDS WEST 315.58 FEET TO AN IRON PIPE;
(4) SOUTH 42 DEGREES 12 MINUTES 28 SECONDS WEST 47.81 FEET TO AN IRON PIPE;
(5) NORTH 88 DEGREES 24 MINUTES 21 SECONDS WEST 823.94 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.466 ACRES, MORE OR LESS.
IT BEING THE INTENT OF THE FOREGOING DESCRIPTION TO BE PART OF THE LANDS ACQUIRED
UPON THE FILING OF DECLARATION OF TAKING, AMENDMENT TO DECLARATION OF TAKING AND
SECOND AMENDMENT TO DECLARATION OF TAKING ENTITLED UNITED STATES OF AMERICA V.
3396 ACRES OF LAND, MORE OR LESS, IN ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA,
ADA CLEMENT, ET AL, FILED IN THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, CIVIL NO. 22352-B, JUDGMENT EFFECTIVE 27
AUGUST 1945.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR STREET AND UTILITY PURPOSES WITHIN AMARAL STREET AND
ELLINGTON STREET AND FOR RAILROAD PURPOSES ADJOINING SAID RAILROAD SPUR TRACK,
APPURTENANT TO PARCEL 1 HEREINABOVE DESCRIBED, TO BE USED IN COMMON WITH ADJACENT
PROPERTIES, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERN TERMINOUS OF THE COURSE AND DISTANCE DESCRIBED AS "NORTH
47°12'21"WEST 525.556 FEET" IN PARCEL 1 HEREINABOVE DESCRIBED; RUNNING THENCE NORTH 89°07'23"
WEST 44.906 FEET TO THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT
OF WAY LINE; THENCE ALONG SAID NORTHEASTERN LINE NORTH 47°12'21" WEST 547.952 FEET TO A LINE
DRAWN PARALLEL WITH SAID CENTERLINE OF SAID RAILROAD DRILL TRACK AND DISTANT 15 FEET
NORTHERLY THEREOF, MEASURED AT RIGHT ANGLES THERETO; THENCE ALONG THE LAST SAID
PARALLEL LINE SOUTH 89°09'31”, EAST 1337.937 FEET TO THE EASTERN LINE OF SAID ELLINGTON
STREET; THENCE ALONG THE LAST NAMED LINE SOUTH 0°52'10" WEST 341.699 FEET AND SOUTH 41 °29'26"
WEST 33.188 FEET; THENCE NORTH 89°07'23" WEST 39.520 FEET TO SAID CENTERLINE OF SAID ELLINGTON
STREET; THENCE ALONG SAID LINE NORTH 41°29'26" EAST 47.810 FEET AND NORTH 0°52'10" EAST 315.581
FEET TO SAID CENTERLINE OF SAID RAILROAD DRILL TRACK; THENCE ALONG THE LAST NAMED LINE
NORTH 89°09'31" WEST 1246.368 FEET TO SAID LINE IN AMARAL STREET; THENCE SOUTH 47°12'21"
EAST 525.556 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
PARCELS C AND 3, PARCEL MAP 7395, FILED OCTOBER 31, 2000, BOOK 254 OF PARCEL MAPS, PAGE 28,
ALAMEDA COUNTY RECORDS.
APN: 986-0001-15, 986-0034-002-00 & 986-0034-006-00
PARCEL 5:
Being all of said Deed recorded January 16, 1907, Book 1326 of Deeds, Page 9, Alameda County Records.
..
.
154
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 6
Excepting Therefrom, all that portion lying Southwesterly of the Northeastern line of the parcel described in the Deed to the
County of Alameda, recorded December 12, 1985, Instrument No. 85-264889 and re-recorded January 31, 1986, Instrument
No. 86-26014, Alameda County Records.
Excepting Therefrom, that portion lying Northwesterly of the Easterly line of the Parcel described in the Deed to the City of
Dublin recorded December 31, 1986, Instrument No. 86-332763, Alameda County Records.
Excepting Therefrom: "All minerals and all mineral rights of every kind and character now known to exist or hereafter
discovered which are five hundred (500) feet or more below the surface including without limiting the generality of the
foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and
dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon
or using the surface of the property, and in such manner as not to damage the surface of said lands or to interfere with the use
thereof by grantee, its successors or assigns", as reserved in the Deed from Union Pacific Railway Company, a Delaware
corporation, recorded November 15, 2000, Series No. 2000338246, Official Records.
APN: 986-0001-003-02
..
.
155
EXHIBIT B – LANDSCAPE FEATURES EXHIBITS
The following are a list of the Long Term Encroachment Agreement Maintenance Responsibility
Exhibits for the Boulevard project on file with the City of Dublin Public Works Department, and
are hereby incorporated by reference:
Exhibit B – Long Term Encroachment Agreement – Tract 8150 Dublin Crossing Phase 1A,
dated July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Tract 8309 Boulevard Phase 1B, dated
November 25, 2020
Exhibit B – Long Term Encroachment Agreement – Tract 8361 Boulevard Phase 2B, dated
July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Tract 8362 Boulevard Phase 3B, dated
July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Tract 8368 Boulevard Phase 3C, dated
June 20, 2018
Exhibit B – Long Term Encroachment Agreement – Tract 8382 Boulevard Phase 2A, dated
November 25, 2020
Exhibit B – Long Term Encroachment Agreement – Tract 8382 Boulevard Phase 2D, dated
November 25, 2020
Exhibit B – Tract 8382 – Boulevard - Phase 2C Maintenance Exhibit, dated 03-23-18, shows
Iron Horse Parkway, Dublin Boulevard (corresponds to Phase 2 backbone plans)
Exhibit B – Tract 8360 – Boulevard - Phase 2 Offsite Maintenance Exhibit (2-sheets), dated 01-
30-18, shows Dublin Boulevard, Iron Horse Parkway offsite (corresponds to Phase 2 offsite
plans)
Exhibit B – Tract 8413 NH7 – Boulevard – Phase 2 – LTEA Maintenance Exhibit, dated 06-18-
18, shows Arnold Road, Dublin Boulevard
Exhibit B – Tract 8360 – Boulevard – NH8 – LTEA Maintenance Exhibit, dated 05-30-18,
shows Dublin Boulevard, Iron Horse Parkway
Exhibit B – Tract 8415 – Boulevard – Backbone Phase 3A Backbone Maintenance Exhibit, dated
06-19-2018, shows Horizon Parkway, Iron Horse Parkway
Exhibit B – Tract 8373 N24 Boulevard – Phase 5 LTEA Maintenance Exhibit, dated 08-24-2020,
shows decorative pavement at Culvert along Horizon Parkway
Exhibit B – Long Term Encroachment Agreement – Arnold Road, dated July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Scarlett Drive, dated November 23, 2020
156
STAFF REPORT
CITY COUNCIL
Page 1 of 5
Agenda Item 7.1
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:East Bay Community Energy Renewable and Carbon-Free Electricity
Prepared by: Shannan Young, Environmental Services Division Manager
EXECUTIVE SUMMARY:
The City Council will consider a 100% renewable and carbon-free default electricity product for
most Dublin residents. Setting the residential default electricity product to the Renewable 100
electric power portfolio offered by the City of Dublin’s energy provider, East Bay Community
Energy, will facilitate meeting greenhouse gas emissions reductions goals adopted in the Climate
Action Plan 2030 and Beyond. Medical baseline accounts and customers on California Alternate
Rates for Energy and Family Electric Rate Assistance programs would remain on the current
default East Bay Community Energy electricity product, Bright Choice.
STAFF RECOMMENDATION:
Adopt the Resolution Requesting East Bay Community Energy Enroll City of Dublin Residential
Accounts in Renewable 100 as the Default Electricity Product.
FINANCIAL IMPACT:
There is no impact to the General Fund since all municipal electricity accounts are currently
supplied with the Renewable 100 power portfolio. A discussion regarding cost impacts to the
community is included in the report below.
DESCRIPTION:
Background
At its September 15, 2020 meeting, the City Council adopted Resolution 100-20 (Attachment 2)
approving the City of Dublin Climate Action Plan 2030 and Beyond (CAP 2030). The CAP 2030
establishes the City’s goal to reduce greenhouse gas (GHG) emissions by 40% below 1990 levels
by 2030 and sets the City on the path to achieve carbon neutrality by 2045. The CAP 2030 includes
22 measures upon which the City must take action to meet its GHG emissions reduction goals. The
most significant action the City can take to meet the goals in the CAP 2030 is setting community-
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wide electricity accounts to carbon-free power. As shown below in Table 6-1 of CAP 2030, this one
action (Measure CF-1) reduces GHG emissions by approximately the equivalent of 25,000 metric
tons of carbon dioxide, which is more than half of all the combined GHG emissions reductions that
can be achieved in CAP 2030.
CAP 2030 Table 6-1:
GHG Emissions Reduction Measures Quantification (MT CO2e) by Strategy
Measure
2025 GHG
Emissions
(MT CO2e*)
2030 GHG
Emissions
Reductions
(MT CO2e)
Strategy 1 - Renewable and Carbon-Free Energy (CF)
Measure CF-1: Opt Up to 100% Carbon-Free or
Renewable Electricity
25,525 20,195
Strategy 2 - Building Efficiency and Electrification
(EE)
Measure EE-1: Achieve All-Electric New Building
Construction
2,633 4,828
Measure EE-4: Develop an Existing Building
Electrification Plan
5,289 15,027
Strategy 3 - Sustainable Mobility and Land Use (SM)
Measure SM-1: Adopt an Electric Vehicle Charging Station
Reach Code
8,320 26,288
Measure SM-3: Develop a Transportation Demand
Management Plan
2,540 4,036
Measure SM-5: Update and Implement the Bicycle and
Pedestrian Master Plan
328 537
Strategy 4 - Materials and Waste Management (MM)
Measure MM-1: Achieve the Waste Diversion
Requirements of SB 1383
3,427 3,615
Reductions Needed (Emissions Gap)30,177 73,866
Total Measures Reduction Potential 48,062 74,526
*MT CO2e means metric tons carbon dioxide equivalent.
The City can achieve the CAP 2030 goal to provide renewable and carbon-free electricity to the
Dublin community through partnership with the City’s electricity provider, East Bay Community
Energy (EBCE). EBCE is the community choice aggregation (CCA) program for most cities in
Alameda County and the City of Tracy (the City of Alameda does not participate since it owns its
electricity company, Alameda Municipal Power). Authorized by California law in 2002, CCA
enables cities and counties to pool the electricity demand within their jurisdictions in order to
procure or generate electrical power on behalf of the residents and businesses in their
communities. CCAs work in partnership with the region’s existing utility, Pacific Gas & Electric
(PG&E). Under the partnership, the CCA (EBCE) procures and/or generates electricity on behalf of
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its customers, while PG&E continues to deliver power to homes and businesses, manages
customer billing, and maintains the electric grid. On December 6, 2016, City Council approved
participation in EBCE as one of the founding members of the EBCE Authority Joint Powers
Agreement with the adoption of Ordinance 13-16, an Uncodified Ordinance Authorizing the
Implementation of a Community Choice Aggregation Program (Attachment 3).
The electric power portfolio options provided by EBCE have been in flux over the past year. When
Staff initially began developing measures for the CAP 2030, the three electric power portfolios
offered by EBCE were:
Bright Choice, which is offered at a slight discount to PG&E’s standard rates but is not
100% carbon-free;
Brilliant 100, which is 100% carbon-free and has been offered at rates on par with PG&E’s
standard rates; and,
Renewable 100, which is both 100% carbon-free and 100% renewable and is offered at a
slight premium to PG&E’s standard rates.
When the CAP 2030 was brought to the City Council for consideration on September 15, 2020,
Staff noted that the status of Brilliant 100 was uncertain (Attachment 4) because the EBCE Board
had voted to freeze new enrollments in Brilliant 100 as of July 1, 2020.
The reason for EBCE freezing new Brilliant 100 enrollments is twofold. On April 22, 2020, the
EBCE Board voted to decline to accept an allocation of nuclear energy from PG&E. The EBCE Board
also voted to establish a power content procurement floor so that renewable energy from wind
and solar is now the benchmark for comparing EBCE’s carbon-free power content, which
previously included large hydropower, to PG&E’s carbon-free power, which includes both large
hydropower and nuclear energy. These two decisions caused Brilliant 100 to be more expensive to
procure and supply than PG&E standard rates, causing Brilliant 100 to be unsustainable in its
current form from a business perspective.
Since the April 22, 2020 decision, some municipalities, including Dublin, had requested the EBCE
Board reconsider adding a short-term, carbon-free electricity product offered on par with PG&E’s
standard rates that could include nuclear energy (Attachment 5). The municipalities that made the
request desire to achieve GHG emissions reductions goals without causing additional hardship
during the current economic crisis caused by the COVID-19 pandemic.
On October 20, 2020, Staff presented an informational report to the City Council describing the
potential carbon-free alternative that includes nuclear power (Attachment 6). As described in the
report, the nuclear power would have been procured from the Diablo Canyon Nuclear Power
Plant, which will be decommissioned by 2025. Subsequently, EBCE Chief Executive Officer, Nick
Chaset, informed EBCE Board Members via email, prior to the November 18, 2020 Board Meeting,
that EBCE Staff would not bring a Brilliant 100 power portfolio option including nuclear energy to
the Board for consideration. The options brought to the EBCE Board (Attachment 7) included:
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A. Close all Brilliant 100 accounts, including to existing customers, by February 1, 2021;
B. Set Brilliant 100 cost above PG&E standard rates; or
C. Maintain Brilliant 100 at cost parity with PG&E (with a subsidy), but close Brilliant 100
effective January 1, 2022.
The EBCE Board approved the third option, to maintain Brilliant 100 at cost parity with PG&E for
existing customer accounts. Newly enrolling municipalities (the cities of Pleasanton, Newark, and
Tracy) may also offer Brilliant 100 as an option for their communities, but only through January 1,
2022. Dublin, and other communities, may not offer Brilliant 100 as a new enrollment option to
their customers.
Carbon-Free Power Options for Dublin
As a result of the November 18, 2020 EBCE Board vote, there is only one carbon-free power
portfolio for community-wide accounts in Dublin, Renewable 100. Renewable 100 is offered at a
slight cost premium compared to PG&E’s standard rates. The Renewable 100 premium is about
$0.01 per kilowatt-hour. This premium equates to approximately $3 to $4 more per month for the
average residential energy bill. The additional cost per household is relatively small and is likely
not to have a significant impact on most household budgets. Residents enrolled in the California
Alternate Rates for Energy (CARE) and Family Electric Rate Assistance (FERA) programs and
medical baseline accounts, would remain in the current electric default portfolio, Bright Choice.
The impact of Renewable 100 to commercial and industrial customers could be more significant.
According to EBCE, the increase to the average small commercial customer in the A-1X rate
schedule would be approximately $15 per month more than PG&E’s standard rates. However, the
increase could be thousands of dollars more per month for large commercial and industrial
customers. During the COVID-19 pandemic and resulting economic crisis, the additional cost to
the business community for opting-up to the Renewable 100 power portfolio may be too much to
bear for struggling businesses. At this time, Staff recommends a voluntary approach for non-
residential accounts whereby businesses would be encouraged to opt-up to Renewable 100, while
Bright Choice would remain the default power product. Staff will reevaluate the default electricity
product for commercial and industrial accounts as the community recovers from the pandemic.
Conclusion and Next Steps
The single biggest action the City can take to meet the GHG emissions reduction goals adopted in
the CAP 2030 is to enroll community-wide accounts into a carbon-free electricity product. This is
also the most economically feasible way to achieve GHG emissions reductions equivalent to
approximately 25,000 metric tons of carbon dioxide, which is over half of the total potential GHG
emissions reductions that can be achieved through CAP 2030 measures. Setting the default
electricity product for most residential accounts to Renewable 100 will bring the City one step
closer to achieving the GHG emissions reductions goals. If the default residential energy product is
switched to Renewable 100, residential accounts will retain the option to opt-down to Bright
Choice or opt-out to PG&E. CARE, FERA and medical baseline residents will remain on the Bright
Choice power portfolio and consequently have no impact on their electric bills.
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Commercial and industrial customers will remain on Bright Choice for at least a year. Over the
course of the year, Staff will work with EBCE to provide targeted outreach to the business
community to encourage voluntary opt-up to Renewable 100. In 2022, the City will reevaluate the
Renewable 100 power portfolio as the default product for commercial and industrial customers,
since to achieve the CAP 2030 GHG emissions reduction goals, it will be necessary to eventually
enroll all community accounts in Dublin to a carbon-free electricity option.
Residential vs. Non-Residential Electricity in Dublin
According to EBCE, there are approximately 26,000 total electrical accounts in Dublin, with
residential accounts representing a significant majority with approximately 23,800 accounts
(about 91.5% of total accounts). However, as far as the amount of electricity used citywide,
residential use is approximately 134,000,000 kilowatt-hours (kWh), which is 53.6% of the
250,000,000 kWh used annually in Dublin. Setting the default residential electricity product to
Renewable 100 will allow the City to get approximately halfway to the goal established by Strategy
1 - Renewable and Carbon-Free Energy in the recently approved CAP 2030.
If the City Council approves the attached resolution requesting that EBCE enroll City residential
accounts in Renewable 100 as the default electric product, the EBCE Board will vote on the
request at an upcoming Board meeting. If the EBCE Board approves the request, there will be a
transition period of at least six months as it procures the appropriate electric resources and
conducts the necessary system adjustments. During this time, noticing to the community about the
new default electricity product will be provided though EBCE and Dublin Staff.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Requesting East Bay Community Energy Enroll City of Dublin Residential Accounts
in Renewable 100 as the Default Electric Product
2) Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond
3) Ord 13-16 An Uncodified Ordinance Authorizing the Implementation of a Community Choice
Aggregation Program
4) September 15, 2020 CAP 2030 Staff Report (without attachments)
5) City of Dublin letter to CEO Nick Chaset
6) October 20, 2020 Discussion of Carbon-Free Electricity Options Staff Report (without
attachments)
7) November 18, 2020 EBCE Staff Report on Brilliant 100 Options
161
Attachment 1
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REQUESTING EAST BAY COMMUNITY ENERGY ENROLL CITY OF DUBLIN
RESIDENTIAL ACCOUNTS IN RENEWABLE 100 AS THE DEFAULT ELECTRICITY
PRODUCT
WHEREAS, the City of Dublin has been a leader in the fight against climate
change, having adopted its first Climate Action Plan in 2010 with an update in 2013, with
the goal to reduce greenhouse gas emissions to 1990 levels by 2020; and
WHEREAS,on September 15, 2020, the City Council of the City of Dublin adopted
the City of Dublin Climate Action Plan 2030 and Beyond that includes a goal of reducing
greenhouse gas emissions by 40% below 1990 levels by 2030 to align with California
Senate Bill 32 and to put the City on a path to reach carbon neutrality by 2045; and
WHEREAS, Climate Action Plan 2030 and Beyond identifies renewable and
carbon-free electricity as the biggest opportunity to reduce greenhouse gas emissions
within the City of Dublin; and
WHEREAS, the City of Dublin’s electricity provider, East Bay Community Energy
(EBCE), offers a 100% carbon-free and 100% renewable electricity product called
Renewable 100; and
WHEREAS, enrolling residential accounts in the Renewable 100 carbon-free
electricity option is the most cost-effective way to reduce greenhouse gas emissions in
Dublin and would cost the average homeowner approximately four dollars per month
more than current electricity rates; and
WHEREAS, residential accounts on California Alternate Rates for Energy (CARE),
Family Electric Rate Assistance (FERA), and medical baseline accounts will remain on
the current default electric power product, EBCE’s Bright Choice power product, offered
at a slight discount compared to Pacific Gas & Electric’s (PG&E) standard product; and
WHEREAS, the City of Dublin and EBCE will reach out to commercial, industrial,
and institutional customers to encourage opting-up to the Renewable 100 power portfolio
and the City of Dublin intends to re-evaluate Renewable 100 as the default product for
these customers within the next year; and
162
Attachment 1
WHEREAS, residential customers in the City of Dublin would retain the option to
“opt down” to an electric power portfolio with a lower percentage of carbon-free electricity
or “opt out” to PG&E’s electricity; and
WHEREAS, establishing a renewable and carbon-free default electricity product
for residential customers would allow Dublin to showcase its environmental leadership
and demonstrate efforts to create a sustainable community in line with the goals of
Climate Action Plan 2030 and Beyond.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin
does request that East Bay Community Energy hereby enroll the City of Dublin in the
Renewable 100 electric power portfolio as the default electricity product for all residential
accounts, except for CARE, FERA, and medical baseline accounts which would remain
on the Bright Choice electric power portfolio.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin requests
that the EBCE Board consider Dublin’s Renewable 100 default power portfolio request at
the earliest possible upcoming EBCE Board Meeting.
PASSED, APPROVED AND ADOPTED this 12th day of January 2021 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
163
Reso No. 100-20, Item 6.1, Adopted 09/15/2020 Page 1 of 2
RESOLUTION NO. 100 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND
WHEREAS, on November 16, 2010 the City Council adopted Resolution 167-10 approving
the City of Dublin Climate Action Plan establishing greenhouse gas (GHG) reduction goals for
2020; and
WHEREAS, under the California Environmental Quality Act (CEQA) a city may prepare a
qualified GHG Reduction Strategy or Climate Action Plan to evaluate a community’s cumulative
impact due to GHG emissions from future planned development; and
WHEREAS, if a project is consistent with an adopted, qualified GHG Reduction Strategy
or Climate Action Plan, the Strategy/Plan can be used as a basis for determining that the project
would have a less than significant impact on a community’s cumulative GHG emissions under
CEQA; and
WHEREAS, on October 15, 2013 the City Council adopted Resolution 177-13 approving
the City of Dublin Climate Action Plan Update to use as a basis for determining that a future
project that was consistent with the adopted Climate Action Plan Update would have a less than
significant impact on Dublin’s cumulative GHG emissions under CEQA through 2020; and
WHEREAS, the City of Dublin is on track to meet the 2020 GHG reduction goals
established by the Plans; and
WHEREAS, in 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the
State’s commitment to GHG emissions reductions by tightening the target to 40% below 1990
levels by 2030; and
WHEREAS, in 2018, Governor Brown adopted Executive Order (EO) B-55-18 setting a
Statewide goal of reaching carbon neutrality by no later than 2045; and
WHEREAS, on December 17, 2019, the City Council provided consensus to align the City’s
future Climate Action Plan with both SB 32 and EO B-55-18 goals and consensus to proceed with
the draft strategies and measures to achieve those goals; and
WHEREAS, the Climate Action Plan 2030 and Beyond establishes the following targets:
1. Reduce GHG emissions to 40% below 1990 levels by 2030
2. Reach carbon neutrality by 2045; and
WHEREAS, the Climate Action Plan 2030 and Beyond contains 22 measures grouped into
the five strategies listed below to reduce GHG emissions by roughly 73,000 metric tons carbon
dioxide equivalent by 2030:
1. 100% Renewable and Carbon-Free Electricity
2. Building Efficiency and Electrification
3. Sustainable Mobility and Land Use
Attachment 2
164
Reso No. 100-20, Item 6.1, Adopted 09/15/2020 Page 2 of 2
4. Material and Waste Management
5. Municipal Leadership; and
WHEREAS, the implementation of the Climate Action Plan 2030 and Beyond will result in
co-benefits in the following areas: economic growth, reduced traffic congestion, improved public
health, healthier ecosystems, robust landscapes, carbon sequestration, enhanced resilience,
equity and inclusion, community leadership and partnerships, and cutting-edge technologies; and
WHEREAS, the City Council held a properly noticed public hearing on the Climate Action
Plan 2030 and Beyond and related Negative Declaration on September 15, 2020; and
WHEREAS, the City Council did review and consider the Negative Declaration and the
Climate Action Plan 2030 and Beyond and all said reports, recommendations, and testimony
herein and set forth prior to making its decision on the Climate Action Plan 2030 and Beyond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve and adopt the Climate Action Plan 2030 and Beyond attached hereto as Exhibit
A to the Resolution and authorizes Staff to make any non-substantive grammatical or editing
changes in the final document.
PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following
vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
165
Attachment 3
166
167
168
Page 1 of 6
STAFF REPORT
CITY COUNCIL
DATE: September 15, 2020
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Climate Action Plan 2030 and Beyond
Prepared by: Rebecca Parnes, Environmental Technician
EXECUTIVE SUMMARY:
The City Council will conduct a public hearing on the Initial Study/Negative Declaration
for, and consider adoption of, the Climate Action Plan 2030 and Beyond. The Climate
Action Plan establishes 22 measures to achieve greenhouse gas emissions reductions
equal to 40% below 1990 levels by 2030 and puts the City on the path to achieve
carbon neutrality by 2045.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt the Resolution Adopting an Initial
Study/Negative Declaration for the City of Dublin Climate Action Plan 2030 and Beyond
and adopt the Resolution Adopting the City of Dublin Climate Action Plan 2030 and
Beyond.
FINANCIAL IMPACT:
Adoption of the Climate Action Plan 2030 and Beyond (CAP 2030, Exhibit A to
Attachment 4) does not immediately obligate the City to incur costs on implementation
measures. Staff will return to the City Council for feedback, approval and authorization
to implement CAP 2030 measures, as necessary.
A list of estimated community and City costs, as well as co-benefits of each measure, is
provided in the CAP 2030 Table 6-3: Measure Co-Benefits and Implementation Costs,
which is also provided as Attachment 6. A more detailed description of cost estimates
can be found in the CAP 2030 within each measure description and in Appendix C
Measure Quantification Evidence. Table 8-1, Climate Action Plan Funding Matrix in the
CAP 2030 (Attachment 7) highlights implementation funding options. Financial
incentives and rebates to offset such costs for implementation measures will be
promoted when available.
Attachment 4
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Page 2 of 6
DESCRIPTION:
On December 17, 2019, the City Council received a report (Attachment 8) on potential
implementation measures and goals for inclusion in an updated Climate Action Plan
CAP). The update to the CAP builds upon the success of the current CAP which was
adopted by the City Council in 2013.
Dublin is on track to meet its 2020 greenhouse gas (GHG) emissions reduction goals
described in the 2013 CAP, despite being one of the fastest growing communities in
California for several years. Many successful CAP initiatives have been implemented
including installation of publicly accessible electric vehicle charging stations at four
municipal locations, implementation of the City’s Bicycle and Pedestrian Master Plan,
participation in the Alameda County Waste Management Authority’s Mandatory
Recycling Ordinance, and participation in the Sustainable States Network Community
Energy Challenge.
The proposed implementation measures for the updated CAP, to achieve GHG
emissions reductions equal to 40% below 1990 levels by 2030, was presented to the
City Council at the December 17, 2019 meeting and are substantially the same as the
measures in the final draft of the Climate Action Plan 2030 and Beyond (CAP 2030).
The CAP 2030 (Attachment 5) includes the following five strategies to achieve GHG
emissions reductions:
Strategy 1 – Renewable and Carbon Free Energy
Strategy 2 – Building Efficiency and Electrification
Strategy 3 – Sustainable Mobility and Land Use
Strategy 4 – Materials and Waste Management
Strategy 5 – Municipal Leadership
Each strategy includes several implementation measures with identified co-benefits,
community costs, and City costs. A summary of these is found in CAP 2030, Table 6-3
Attachment 6).
Though the implementation measures are substantially the same as was presented to
the City Council in December, the measure with the greatest GHG emission reduction
potential relating to 100% clean electricity has been adjusted to reflect a decision by the
East Bay Community Energy (EBCE) Board to freeze new enrollment in Brilliant 100 as
of July 1, 2020. Staff originally proposed that the City Council would consider adopting a
Resolution to opt-up communitywide accounts to either 100% carbon-free (Brilliant 100)
or 100% renewable and carbon-free (Renewable 100) energy with EBCE. The proposed
revised measure, CF-1: Opt-Up to 100% Renewable and Carbon-Free Electricity, is
adjusted to reflect the sole current carbon-free offering at EBCE, Renewable 100.
Two decisions by the EBCE Board led to the elimination of Brilliant 100. On April 22,
2020, the EBCE Board voted to decline to accept an allocation of nuclear energy from
Pacific Gas & Electric. The EBCE Board also voted to establish a power content
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Page 3 of 6
procurement floor so that renewable energy from wind and solar is now the benchmark
for comparing EBCE’s carbon-free power content to that of PG&E. Prior to this, EBCE
compared all carbon-free power, including non-renewable carbon-free electricity from
large hydropower to PG&E’s non-renewable carbon-free power, which includes both
large hydropower and nuclear energy. These two decisions have made it more difficult
for Brilliant 100 to remain competitive with PG&E.
The EBCE Board will consider options for alternate carbon-free offerings that are on par
with PG&E’s standard service rates at its next Board meeting scheduled for September
16, 2020, including possibly bringing back a nuclear energy option, currently dubbed
Brilliant 100 Select”. EBCE presented this option to staff from Alameda County cities
on August 18, 2020 at the monthly EBCE update that follows the StopWaste Technical
Advisory Group meeting.
If the City Council is interested in a potential Brilliant 100 Select offering, it needs to be
proactively communicated to EBCE by October 2020 at the latest. If the Brilliant 100
Select product is approved by the EBCE Board, the nuclear power source will be the
Diablo Canyon Power Plant which is owned by PG&E. The Diablo Canyon Power Plant
is scheduled to close in 2025, making Brilliant 100 Select an interim option for 100%
carbon-free electricity. There is no proposed change to Renewable 100 cost or power
portfolio.
CAP 2030 Implementation and Monitoring
Implementation of the CAP 2030 and achievement of the GHG emissions reduction
goals requires engagement and action by the Dublin community in addition to City
actions. As such, every measure except for those under “Municipal Leadership”
incorporates some element of community outreach, which will typically be done before a
resolution is proposed to the City Council for consideration and/or before a program is
implemented, and after a program is initiated.
If the CAP 2030 is adopted, Staff plans to develop and implement a public education
plan to promote behavior change relative to the actions identified in the CAP 2030. The
public education plan for the CAP 2030 will be updated and adjusted as needed to
facilitate effective public education on measure implementation requirements, financing
opportunities, and co-benefits of the CAP 2030 implementation.
Staff will conduct annual monitoring of the GHG emissions reduction measures and
report to the City Council every other year beginning in 2022. Table 8-2: GHG
Emissions Reduction Measures Monitoring and Reporting Program in the CAP 2030
lists how, when, and which City department(s) will monitor the ongoing implementation
of the CAP measures. Staff will conduct GHG emissions reductions inventories on a
routine basis but no less than every three years with the next inventory to be complete
for calendar year 2022. If the City has made sufficient progress on GHG emissions
reduction goals by 2025 to reach the 2030 targets, it is anticipated that no additional
CAP measure adjustments would be proposed before the next scheduled CAP update.
If the City is not on track to meet 2030 GHG emissions reduction goals by 2025, a CAP
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update may be brought to the City Council for consideration to add emissions reduction
measures. A complete CAP update for post-2030 to achieve carbon neutrality by no
later than 2045 will be required, and Staff will begin this effort in 2028.
Conclusion
In addition to GHG emissions reduction benefits, the CAP 2030 highlights co-benefits or
positive effects that implementation of each measure can achieve. These co-benefits
include economic growth, reduced traffic congestion, improved public health, healthier
ecosystems, robust landscapes, carbon sequestration, enhanced resilience, equity and
inclusion, community leadership and partnerships, and cutting-edge technologies. The
anticipated co-benefits support the City’s mission: “The City of Dublin promotes and
supports a high quality of life, ensures a safe and secure environment, fosters new
opportunities, provides equity across all programs, and champions a culture of diversity
and inclusion.” If adopted, the CAP 2030 will be a new milestone in the City’s
commitment to a sustainable, equitable future for the entire community.
After CAP 2030 adoption by the City Council, the measures Staff plans to prioritize for
further City Council action in the coming months are:
CF-1: Opt-Up to 100% Renewable and Carbon-Free Electricity
EE-1. Achieve All-Electric New Building Construction
SM-1. Adopt an Electric Vehicle Charging Station Ordinance
Staff has already begun work on the following measures and intends to continue this
work:
SM-5. Update the City’s Bicycle and Pedestrian Master Plan
SM-6. Continue to Prioritize Transit-Oriented Development
ML-1. 100% Renewable Electricity for Municipal Buildings and Operations
completed)
ML-3. Electrify Municipal Vehicle Fleet and Equipment
ML-6. Enhance Municipal Carbon Sequestration Opportunities
ML-7. Implement the Green Stormwater Infrastructure Plan
Environmental Review
The overall purpose of the CAP 2030 is to reduce greenhouse gas (GHG) emissions
and the impacts that GHG emissions will have on the community and the global
environment, and therefore, it is a project designed to benefit the environment. As a
result, it may not constitute a “project” under the California Environmental Quality Act
CEQA), or it may qualify for an exemption under CEQA. However, as with a proposal
relating to development, implementation of the CAP 2030 could potentially result in
adverse impacts on the physical environment. Therefore, an Initial Study was prepared
by the City pursuant to CEQA to evaluate whether there are any potentially adverse
environmental impacts of implementing the CAP 2030. No adverse impacts were
identified, and a Negative Declaration was prepared.
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The Initial Study/Negative Declaration was circulated for public review from July 24,
2020 to August 24, 2020 (Exhibit A to Attachment 1). During the public review period,
the City received four comment letters and one comment email (Exhibit B to Attachment
1) from the following:
California Department of Conservation Geologic Energy Management Division
dated August 3, 2020
Romal Mitr (email) dated August 12, 2020
Western Propane Gas Association dated August 19, 2020
Tri-Valley Air Quality Community Alliance dated August 21, 2020
Bay Area Air Quality Management District (BAAQMD) dated August 24, 2020
None of the comment letters raised any concerns resulting in adjustments to the CEQA
document or the CAP 2030.
CEQA allows cities to develop Climate Action Plans or GHG emissions reductions plans
to provide programmatic analysis of cumulative impacts of GHG emissions for future
projects in the City. CEQA Guidelines Section 15183.5 authorizes the use of these
plans for the analysis of the cumulative impacts of projects. The BAAQMD CEQA
Guidelines and Significance Thresholds for GHG emissions also authorize the use of
these plans for CEQA review of future projects.
The CAP 2030 serves as the City’s qualified GHG Reduction Plan and programmatic
tiering document for the purposes of CEQA for analysis of impacts of GHG emissions
and climate change. The City has determined that the reduction target in the Plan will
reduce the impact from activities in the Plan to a less than significant level under CEQA
i.e., the project will not make a cumulatively considerable contribution to a significant
cumulative impact). Therefore, the CAP 2030 may be used for the cumulative impact
analysis for future projects and development in the City covered by the Plan. As such, it
satisfies CEQA review requirements for all applicable projects within the City. If a
proposed project is consistent with the applicable GHG emissions reduction measures
identified in the CAP 2030, the project would be considered to have a less than
significant impact (i.e., the project will not make a cumulatively considerable contribution
to a significant cumulative impact) due to GHG emissions and climate change
consistent with Public Resources Code 21083.3, CEQA Guidelines Sections 15183.5,
15064, and 15130, and BAAQMD adopted CEQA Guidelines and GHG Significance
Thresholds.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was mailed to interested parties, including surrounding jurisdictions and
various state and regional agencies. Additionally, the Public Notice was published in the
East Bay Times and posted in the Civic Center kiosk. A news flash was also released.
ATTACHMENTS:
1. Resolution Adopting an Initial Study/Negative Declaration for the City of Dublin
Climate Action Plan 2030 and Beyond
2. Exhibit A to the Resolution - Initial Study Negative Declaration
3. Exhibit B to the Resolution - Comments Received on the Negative Declaration
4. Resolution Adopting the City of Dublin Climate Action Plan 2030 and Beyond
5. Exhibit A to the Resolution - City of Dublin Climate Action Plan 2030 and Beyond
6. CAP 2030 Table 6-3: Measure Co-Benefits and Implementation Costs
7. CAP 2030 Table 8-1: Climate Action Plan Funding Matrix
8. 12-17-2019 Item 7.1 - Report on Status of Climate Action Plan Update (Report Only -
No Attachments)
174
November 2, 2020
Nick Chaset, Chief Executive Officer
East Bay Community Energy
1999 Harrison Street, Suite 800
Oakland, CA 94612
Via email to: nchaset@ebce.org
Regarding: Power Content Options for a 100% Carbon-Free Product
Dear Mr. Chaset:
The City of Dublin (City) is proud to be a member of EBCE and to partner on
exciting EBCE spearheaded programs such as the municipal fleet
electrification analysis and solar plus battery storage resiliency efforts. As the
City begins implementing its newly updated Climate Action Plan (CAP), the
partnership and programs will be even more important.
The keystone action in the updated CAP is community wide opt-up to a
carbon-free power portfolio. The City understands that there are no new
enrollments allowed into the existing Brilliant 100 power portfolio which had
been the carbon-free option available at cost parity to Pacific Gas & Electric’s
(PG&E) standard rates. Now, the only carbon-free product is the Renewable
100 power portfolio which is offered at a cost premium. Especially during
these trying economic times, the City is interested in a product that could
include nuclear power from the Diablo Canyon Power Plant if it would be a
100% carbon-free product offered at rate parity with PG&E. Having this
carbon-free power portfolio alternative available, which would create no new
nuclear waste, would be a helpful bridge as cities try to achieve greenhouse
gas emissions reductions goals while not burdening the community with
increased electricity costs.
Thank you for your consideration. If you have any questions, please contact
Shannan Young at shannan.young@dublin.ca.gov or at 925-833-6616.
Sincerely,
Linda Smith
City Manager
CC: Mayor and City Council
Andrew Russell, Public Works Director
Shannan Young, Environmental & Sustainability Division Manager
Attachment 5
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: October 20, 2020
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Discussion of Carbon-Free Electricity Options
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City Council will consider the two potential carbon-free electricity options for
community wide electricity accounts through the City of Dublin’s electricity provider,
East Bay Community Energy.
STAFF RECOMMENDATION:
Receive the report and provide direction on the community wide East Bay Community
Energy carbon-free electricity default product.
FINANCIAL IMPACT:
There is no impact to the General Fund but a discussion regarding the cost impacts of
the carbon-free options is included below. Municipal electricity accounts are currently
supplied with the Renewable 100 power portfolio.
DESCRIPTION:
At its September 15, 2020 meeting, the City Council adopted Resolution 100-20
Attachment 1) approving the Climate Action Plan 2030 and Beyond (CAP 2030). The
CAP 2030 includes 22 measures upon which the City must take action to meet the GHG
emissions reduction goals. Setting community wide electricity accounts to carbon-free
power provides the biggest GHG emissions reduction benefit of all the measures in
CAP 2030 and is critical to achieving GHG emissions reduction goals.
East Bay Community Energy (EBCE) currently provides three power portfolios:
1. Bright Choice provides 65% carbon-free electricity;
2. Brilliant 100 provides 100% carbon-free electricity; and
3. Renewable 100 provides 100% carbon-free and renewable electricity.
As of July 1, 2020, EBCE discontinued accepting new accounts into Brilliant 100 and is
eliminating the portfolio since it is no longer cost-competitive with Pacific Gas &
Electric’s (PG&E) standard rates. All existing accounts will be shifted out of Brilliant 100
Attachment 6
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Page 2 of 3
in early 2021.
A potential carbon-free alternative to the Brilliant 100 product (on par with PG&E’s
standard rates) is called Brilliant 100 Select, which could include nuclear power
provided by the Diablo Canyon Power Plant. EBCE has requested, but not yet received,
approval for an allocation of nuclear energy from the California Public Utilities
Commission (CPUC). A response from the CPUC is expected by October 31, 2020.
If the City Council is interested in pursuing the potential Brilliant 100 Select option, or
the Renewable 100 power portfolio, the City would need to provide that feedback to
EBCE by November 2, 2020.
In terms of costs, Renewable 100 is offered at $0.01 per kilowatt-hour more than
PG&E’s standard rate (a 10% premium) and equates to approximately $3-4 more per
month to the average residential energy bill. The increase to monthly commercial or
industrial accounts would vary depending on the amount of electricity consumed by the
business. If a carbon-free, non-renewable power portfolio is provided by EBCE
potential Brilliant 100 Select), it is anticipated that the offering will be provided at cost
parity to PG&E’s standard rates.
The EBCE Board will vote on potential alternatives to Brilliant 100 at its November 18,
2020 meeting. At its December 16, 2020, EBCE Board Members will vote on approval
of city requests for their default power portfolios. When the EBCE Board approves the
requested account defaults, those accounts will be transitioned six months later to the
new power portfolio due to the need for community outreach and to allow EBCE time to
adjust the accounts. Account holders will still retain the option to opt-down to Bright
Choice, opt-up to Renewable 100 or opt-out of EBCE and receive electricity from
PG&E.
Summary
Two options to achieve the GHG emissions reductions described in CAP 2030 Strategy
1, 100% Renewable and Carbon-Free Electricity are:
1. Communicate to the EBCE Board the desire to set community wide
accounts to the Renewable 100 power portfolio which is both 100%
renewable and carbon-free.
2. Communicate to the EBCE Board the desire to participate in a potential
Brilliant 100 Select offering for community wide accounts, which is 100%
carbon-free, and includes non-renewable electricity from nuclear and
hydropower.
Both options would achieve the CAP 2030 goal to reduce GHG emissions in Dublin by
25,525 metric tons of carbon dioxide. The Brilliant 100 Select option may provide a cost-
neutral option, relative to PG&E's standard rates, however the Brilliant 100 Select option
will only be available until the Diablo Canyon Power Plant closes, which will occur by
2025.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond
2. September 15, 2020 CAP 2030 Staff Report (without attachments)
178
Staff Report Item 13
Staff Report Item 13
TO: East Bay Community Energy Board of Directors
FROM: Nick Chaset, Chief Executive Officer
SUBJECT: Brilliant 100 Options (Action Item)
DATE: November 18, 2020
________________________________________________________________________
Recommendation
Decide to change the Brilliant 100 consumer electricity product in one of following way:
A)Close Brilliant 100 effective February 1, 2021. All current Brilliant 100 customers would
be defaulted onto Bright Choice unless the city council/Board of Supervisors have
affirmatively voted to default these customers onto another product, or
B)Set Brilliant 100 cost above PG&E – with specific premium brought to Board of Directors
in December 2020. All current Brilliant 100 customers would see these new costs
effective February 1, 2021. Under this option Brilliant 100 would continue to be available
to all EBCE customers, or
C)Maintain Brilliant 100 cost at parity with PG&E for 2021, but close Brilliant 100 effective
January 1, 2022.
Background and Discussion
At its meeting on June 17, 2020, EBCE’s Board voted to close Brilliant 100 to new accounts
beginning July 1, 2020, as one of several budget-related actions. Staff had determined
current Brilliant 100 rates no longer cover the cost of service and would need time to develop
alternative courses of action for the Board to consider.
Over the last number of months, EBCE staff have worked to develop three options for how to
proceed with Brilliant 100 for 2021 and beyond. The three options are laid out in the attached
presentation.
Fiscal Impact
Option C carries a projected fiscal impact of at least $1.85m.
Attachments
A.Presentation on New Carbon-free Electricity Product and Brilliant 100 Options
Attachment 7
179
Brilliant 100 Options in 2021
Nick Chaset
November 18, 2020
180
Overview of Agenda Item
Which of the following changes to Brilliant 100 for 2021 should EBCE make?
A)Close Brilliant 100 effective February 1, 2021. All current Brilliant 100 customers would be defaulted onto Bright Choice unless the city council/Board of Supervisors have affirmatively voted to default these customers onto another product, or
B)Set Brilliant 100 cost above PG&E –with specific premium brought to Board of Directors in December 2020. All current Brilliant 100 customers would see these new costs effective February 1, 2021. Under this option Brilliant 100 would continue to be available to all EBCE customers, or
C)Maintain Brilliant 100 cost at parity with PG&E for 2021, but end B100 effective January 1, 2022
2181
2021 Brilliant 100 Policy
Option A
•Close Brilliant 100 effective February 1, 2021.
•All current Brilliant 100 customers would be defaulted onto
Bright Choice unless the city council/Board of Supervisors
have affirmatively voted to default these customers onto
another product.
•No Fiscal Impact
3182
2021 Brilliant 100 Policy
Option B
•Set Brilliant 100 cost above PG&E –with specific premium
brought to Board of Directors in December 2022.
•All current Brilliant 100 customers would see these new
costs effective February 1, 2021.
•Under this option Brilliant 100 would continue to be
available to all EBCE customers.
•No Fiscal Impact
4183
2021 Brilliant 100 Policy
Option C
•Maintain Brilliant 100 cost at parity with PG&E for 2021 but
Brilliant 100 to all customers effective Jan 1, 2022
•Exception of voluntary opt-ins from Tracy, Pleasanton, and
Newark
•Fiscal Impact Detailed
5184
2021 Brilliant 100 Policy
Option C Fiscal Impact Assessment: $1.85m to serve existing Brilliant 100 in 2021
•Brilliant 100 costs estimated to cost approx. $2.70/MWh more to procure than Bright Choice:
–Brilliant 100: $14.5 x 36% (RE) + $5.0 * 54%(Lhyd) + $0 * 10%(PG&E Allocation Share) = $7.92 Adder
–Bright Choice: $12.7 x 41% (RE) + $0 *10% (PG&E Allocation Share) = $5.21 Adder
–With energy and overhead costs, Brilliant 100 is 4.6% more expensive than Bright Choice, while only priced at
1% more than Bright Choice. This equates to 3.6% higher Brilliant 100 cost not recovered in rates, which
means that 78% of the Brilliant 100 premium should be treated as incremental costs.
•Brilliant 100 projected to create an incremental cost in 2021 of $1.85m to serve current Brilliant
100 customers
–Brilliant 100 2021 load projection: 875,000 MWh
–$2.71 * 78% * 875,000MWh = $1.85m
•Brilliant 100 incremental costs scale up with each additional MWh, so if new customers or
communities join Brilliant 100, costs to EBCE rise. For example, if Dublin/Pleasanton and Berkeley
were to opt all accounts onto Brilliant 100 for 2021, that would result in an unfunded increase in
procurement costs of $1,895,400
–Brilliant 100 Cost Premium ($2.70) * Unfunded share of Brilliant 100 costs (78%) * Approx
Dublin/Berkeley/Pleasanton Load (900,000 MWh) = $1.90m
6185
East Bay Community
Energy Renewable and
Carbon-Free Electricity
January 12, 2021
186
Presentation Overview
•Brief Climate Action Plan 2030 and Beyond
overview, including greenhouse gas (GHG)
emissions reductions goals.
•Discuss the electric power portfolios offered by
East Bay Community Energy (EBCE).
•Provide an overview of the proposed approach
to meeting Measure CF-1 in CAP 2030.
187
Climate Action Plan
•City Council adopted Climate
Action Plan 2030 and
Beyond (CAP 2030) on
September 15, 2020.
•CAP 2030 includes actions
to:
–Reduce greenhouse gas
emissions by 40%below
1990 levels by 2030, and
–Put the City on the path
to reach carbon neutrality
by 2045.
188
CAP 2030 Goals
The five strategies are:
100% Renewable
and Carbon-Free
Electricity
Building
Efficiency and
Electrification
Sustainable
Mobility and
Land Use
Materials and
Waste
Management
Municipal
Leadership
Measures
Included in CAP 2030 are 22 measures under
five strategies to reach the City’s climate goals.
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GHG Emissions Reductions
190
EBCE Power Portfolios
•East Bay Community Energy offers three
electric power portfolios:
–Bright Choice,which is offered at a slight discount
to Pacific Gas &Electric’s (PG &E) standard rate
but is not 100% carbon-free.
–Brilliant 100,which is carbon-free and had been
offered at rates on par with PG&E.
–Renewable 100,which is both 100%carbon-free and
renewable and is offered at a slight premium to
PG&E’s rates.
191
Renewable 100
•Renewable 100 is the only portfolio offered that
fulfills Measure CF-1 to opt-up to 100% carbon-
free and renewable electricity.
•The premium is approximately $0.01 per kilowatt-
hour.
–$3 to $4 per month for the average residential bill.
–$15 per month for the average small commercial
customer.
–Impact on large commercial customers much greater.
192
Measure CF-1 Proposal
•Opt-up residential customers as soon as feasible.
–California Alternate Rates for Energy, Family
Electric Rate Assistance program, and medical
baseline residents would remain on the Bright
Choice power portfolio.
•Commercial and industrial customers remain on
Bright Choice for at least a year.
–Encourage voluntary opt-ups.
193
Electric Power Accounts
Number of
Accounts
Associated Electricity
(kilowatt-hours)
Associated 2025
GHG Emissions
Residential 23,800 134,000,000 (53.6%)13,681 MT CO2e
Non-Residential 2,200 116,000,000 (46.4%)11,844 MT CO2e
Totals 26,000 250,000,000 25,525 MT CO2e
194
Next Steps
•If City Council approves the Resolution, EBCE
will consider the City’s request at an upcoming
EBCE Board meeting.
•If the EBCE Board approves the request,there
will be at least a six-month transition period.
•During the transition period, robust community
outreach regarding the opt-up will occur.
195
Staff Recommendation
Adopt the Resolution Requesting East Bay
Community Energy Enroll City of Dublin
Residential Accounts in Renewable 100 as the
Default Electricity Product.
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 8.1
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Mayor’s Appointment to City Commissions and Committees
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
Following the City of Dublin’s general municipal elections in November of even-numbered years,
terms expire on five of the City’s Commissions and Committees. The number of openings, including
one unscheduled vacancy, include: three members and two alternates on the Planning Commission,
four members and one alternate on the Heritage and Cultural Arts Commission, three members and
two alternates on the Human Services Commission, two members and two alternates on the Parks
and Community Services Commission, and three members and two alternates on the Senior Center
Advisory Committee. New members will be sworn into office in early 2021.
STAFF RECOMMENDATION:
Confirm the Mayor’s appointments to the various Commissions and Committee or provide other
appropriate direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Following the City of Dublin’s general municipal elections in November of even-numbered years,
terms expire on five of the City’s Commissions and Committees: Planning Commission, Heritage and
Cultural Arts Commission, Human Services Commission, Parks and Community Services
Commission, and Senior Center Advisory Committee. A recruitment was opened on October 19,
2020 with a deadline for submission to the City Clerk of Friday, November 13, 2020 at 5:00 p.m.
Planning Commission
A total of 21 applications were received by the advertised deadline in response to five openings,
three members and two alternates. Mayor Hernandez recommends the re-appointment of Stephen
Wright and Dawn Benson and the appointment of Renata Tyler, each to four-year terms which
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Page 2 of 3
expire in December 2024; and the appointment of alternates Tara Bhuthimethee (Alternate 1) and
Elaine Bagwell (Alternate 2), each for two-year terms which expire in December 2022.
Heritage and Cultural Arts Commission
A total of eight applications were received by the advertised deadline in response to five openings,
four members and one alternate. Mayor Hernandez recommends the re-appointment of Robert
Bennett and Shweta Agrawal and the appointment of Margaret Liang and Julia Tomtania, each to
four-year terms which expire in December 2024; and the appointment of alternate David Hess to a
two-year term which expires in December 2022.
Human Services Commission
A total of five applications were received by the advertised deadline in response to five openings,
three members and two alternates. Mayor Hernandez recommends the re-appointment of Shawn
Costello and the appointment of Regis Harvey and Adam Lumia, each to four-year terms which
expire in December 2024; and the appointment of alternates Rose Hunt (Alternate 1) and Baljeet
Sangha (Alternate 2), each to two-year terms which expire in December 2022.
Parks and Community Services Commission
A total of 14 applications were received by the advertised deadline in response to four openings,
two members and two alternates. Mayor Hernandez recommends the re-appointment of Matthew
Giller and Vimal Pannala, each to four-year terms which expire in December 2024; and the
appointment of alternates Daniel Colley (Alternate 1) and Richard Thornbury (Alternate 2) to two-
year terms which expire in December 2022.
Senior Center Advisory Committee
A total of five applications were received by the advertised deadline in response to four openings,
two members and two alternates. An unscheduled vacancy occurred on December 4, 2020, adding a
third opening for a member. Mayor Hernandez recommends the appointment of Susan Bostwick and
Eugene Daszko, each for four-year terms which expire in December 2024; the appointment of Kebin
Lu to the unscheduled vacancy for a two-year term which expires in December 2022; and the
appointment of alternate Christy Li to a two-year term which expires in December 2022.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Openings were advertised extensively within the community by:
Placement on a dedicated page on the City’s website with a link to the application, and
instructions to obtain an application; posted to the City’s website via Newsflash and pushed
out to subscribers; and shared via the City’s social media platforms.
Posting of application information at the Civic Center.
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Page 3 of 3
Notification sent to the current members of Commissions and Committees whose terms were
expiring this year and were eligible for re-appointment.
Notification sent to past participants of Inside Dublin and shared with the 2020 participants.
ATTACHMENTS:
1) Planning Commission Applications
2) Heritage and Cultural Arts Commission Applications
3) Human Services Commission Applications
4) Parks and Community Services Commission Applications
5) Senior Center Advisory Committee Applications
199
Attachment 1
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Attachment 2
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Attachment 3
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Attachment 4
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Attachment 5
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January 12, 2021
SB 343
Senate Bill 343 mandates supplemental materials
that have been received by the City Clerk’s office that
relate to an agenda item after the agenda packets
have been distributed to the City Council be available
to the public.
The attached documents were received in the City
Clerk’s office after distribution of the January 12,
2021, Regular City Council meeting agenda packet.
Item 8.1
319
Page 1 of 1
SB343 - Agenda
Item 8.1
DATE: January 12, 2021
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT:
SB343 - Mayor’s Appointment to City Commissions and Committees
Prepared by: Marsha Moore, MMC, City Clerk
The Mayor’s recommended Alternate 1 for the Planning Commission, Tara Bhuthimethee, has declined to accept the appointment. Mayor Hernandez is recommending the appointment of alternate Kashef Qaadri (Alternate 1) for a two-year term which expires in December 2022.
320
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 8.2
DATE:January 12, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:City Council Committee Appointments and Assignments
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
Each member of the City Council represents the City of Dublin on various local and regional
Boards, Committees, and Commissions. The City Council will consider confirming the Mayor’s
proposed appointments.
STAFF RECOMMENDATION:
Adopt the Resolution Confirming the Mayor’s Appointments to Various Local and Regional
Boards, Committees, and Commissions and direct Staff to notify affected agencies, as appropriate.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Individual members of the City Council represent the City of Dublin on various local and regional
boards, committees and commissions. A fully updated appointment list was last considered and
approved in January 2019, following the November 2018 election.
This year, the Dublin Pride Committee and i-GATE have been included on the list.
Not all organizations or committees meeting on a regular basis. The following meet on an as-
needed basis: Dublin San Ramon Services District Liaison Committee, Dublin Unified School
District Liaison Committee, East Bay Regional Park District Liaison Committee, Livermore City
Liaison Committee, Pleasanton City Liaison Committee, San Ramon City Liaison Committee, Tri-
Valley Affordable Housing Committee, and the Zone 7 Liaison Committee.
This list does not include Ad Hoc Committees, those committees with limited time frames.
Appointments to those committees will be made through separate agenda items at the
321
Page 2 of 2
appropriate time.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Confirming the Mayor’s Appointments to Various Local and Regional Boards,
Committees, and Commissions
2) Exhibit A to the Resolution - Mayor’s Recommendation for City Council Appointments and
Assignments
322
Attachment 1
Reso. No. XX-21, Item X.X, Adopted 1/12/21 Page 1 of 1
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CONFIRMING THE MAYOR’S APPOINTMENTS TO VARIOUS LOCAL AND REGIONAL
BOARDS, COMMITTEES, AND COMMISSIONS
WHEREAS,each member of the City Council represents the City of Dublin on various
local and regional Boards, Committees and Commissions; and
WHEREAS,a fully updated appointment list was last considered and approved in
January 2019, following the November 2018 election; and
WHEREAS,the Mayor has recommended the appointments and assignments in Exhibit
A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
confirms the Mayor’s Appointments and directs Staff to notify affected agencies, as appropriate.
PASSED, APPROVED AND ADOPTED this 12th day of January 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
323
Attachment 2
COUNCIL COMMITTEE RECOMMENDATIONS
As of 1/12/2021
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2C0EF5F5\@BCL@2C0EF5F5.docx
Committee or Organization Member Alternate
Alameda County Fire Department Advisory Committee Kumagai Josey
Alameda County Housing Authority Kumagai McCorriston
Alameda County Library Advisory Commission Hu McCorriston
Alameda County Mayors’ Conference Hernandez
Alameda County Transportation Commission/Sunol JPA Hernandez Kumagai
Alameda County Waste Management Authority/Stop Waste Hernandez Josey
ABAG General Assembly Kumagai Josey
DSRSD Liaison Committee Hernandez
McCorriston
Dublin Pride – Integrity in Action Hu
McCorriston
DUSD Liaison Committee Hernandez
Josey
East Bay Community Energy JPA/WeWork Hernandez Kumagai
East Bay Division/League of CA Cities Hernandez Kumagai
East Bay Regional Park District Liaison Committee Kumagai
Hu
Economic Development Committee Hernandez
Kumagai
Federal and Military Communities Committee Kumagai
McCorriston
i-GATE Board Hernandez
League of CA Cities Voting Delegate & Alternate Hernandez Josey
Livermore-Amador Valley Transit Authority
(LAVTA)
Hernandez
Josey
Kumagai
Livermore City Liaison Committee Josey
McCorriston
Pleasanton City Liaison Committee Josey
Kumagai
San Ramon City Liaison Committee Kumagai
Hu
Sister City International Committee Josey Hu
Tri-Valley Affordable Housing Committee Kumagai McCorriston
Tri-Valley Transportation Council Josey Kumagai
Tri-Valley/San Joaquin Valley Regional Authority (Valley Link)Hernandez Josey
Tri-Valley Water Liaison Committee Kumagai McCorriston
Zone 7 Liaison Committee Hu
McCorriston
324