Loading...
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. 1 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 2 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. 3 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 4 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 5 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. 6 STAFF REPORT CITY COUNCIL Page 1 of 2 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. 7 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) 2020 City of Dublin Sponsor List 8 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 9 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 10 2020 City Sponsor Recognition January 12, 2021 City Council Meeting –Item 3.1 11 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. 12 Parks & Community Services Dept. Drive-In Movies •Picnic Flix Drive-In Edition at Dublin High School •Halloween Drive-In Movie Night at Dublin Iceland 13 Parks & Community Services Dept. Senior Center Drive-Thru Events 14 Parks & Community Services Dept. Clover & Sunrise Parks Grand Opening 15 Parks & Community Services Dept. Santa Drive-Thru 16 City-Wide Support Dublin Eats Campaign Nature in Your Backyard Photo Contest Dublin Police Services Support 17 Thank You to all Sponsors! 18 STAFF REPORT CITY COUNCIL Page 1 of 3 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. 19 Page 2 of 3 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. 20 Page 3 of 3 ATTACHMENTS: 1) 2020 Holiday Home Decorating Contest Winners 2) 2020 Holiday Home Decorating Contest Flyer 21 Winner - Best Overall Costello Family - 6976 Lancaster Road Attachment 1 22 Winner - Best Use of Lights Bonato Family - 7574 Sutton Lane Attachment 1 23 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 26 Winner - Best Neighborhood Salazar Family & Neighbors - 11331 Champagne Place Attachment 1 27 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 28 2020 Holiday Home Decorating Contest January 12, 2021 City Council Meeting –Item 3.2 29 “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. 30 “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 31 “Deck the Homes” •Map of the contest applicants using BatchGeo platform •Shared on social media and on City website 32 THE WINNERS 33 WINNER -BEST OVERALL Costello Family -6976 Lancaster Road. 34 WINNER -BEST USE OF LIGHTS Bonato Family -7574 Sutton Lane. 35 WINNER -BEST LAWN DISPLAY Peery Family -7276 Thames Court. 36 WINNER -BEST HOLIDAY THEME Gasper Family -11913 Bloomington Way. 37 WINNER -BEST APARTMENT/CONDO Ross Family -10868 Glengarry Ln. 38 WINNER -BEST NEIGHBORHOOD Salazar Family & Neighbors -11331 Champagne Place. 39 Thank You! 40 STAFF REPORT CITY COUNCIL Page 1 of 3 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 41 Page 2 of 3 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. 42 Page 3 of 3 ATTACHMENTS: 1) 2020 Nature In Our Backyard Photo Contest Winning Photos 43 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 44 Second Prize Winner Beautiful Day – Pradnya Kadam Third Prize Winner Watchful Owl – Martin Canyon Creek Trail – Steve Kaatmann 45 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! 47 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 48 Prizes •Certificates •Metal prints of the photos •Gift cards •Winning photos to hang in Civic Center Huge thank you to Mike’s Camera! 49 Thank You •To all who supported the contest and efforts to get the word out •The judges •Mike’s Camera •The contestants 50 And the winners are… 51 Third Prize Winner Watchful Owl –Martin Canyon Creek Trail, Steve Kaatmann 52 Second Prize Winner Beautiful Day, Pradnya Kadam 53 First Prize Winner Sunrise at Dublin Ridge, Dianne Mao 54 Grand Prize Winner Red ‘N’ Green Hill, Dianne Mao 55 STAFF REPORT CITY COUNCIL Page 1 of 1 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. 56 STAFF REPORT CITY COUNCIL Page 1 of 1 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 71 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 72 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 73 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 78 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. 79 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. 83 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 85 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) ______ 89 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3880 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3880 2/3 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 95 90 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3880 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3880 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: * 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. 93 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3879 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3879 2/3 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% 94 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3879 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3879 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: * 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 98 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3865 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3865 2/3 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% 99 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3865 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3865 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: * 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) 103 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3847 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3847 2/3 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 104 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3847 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3847 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: * 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 105 106 107 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3840 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3840 2/3 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% 108 11/17/2020 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3840 https://dublin.ca.gov/Admin/FormCenter/Submissions/Print/3840 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: * 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. 111 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 112 113 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 118 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. 119 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. 121 PASSED, APPROVED AND ADOPTED this 12th day of January, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ____________________________ City Clerk 122 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. 123 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 2 of 14 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. 124 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 3 of 14 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 125 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 4 of 14 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 126 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 5 of 14 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. 127 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 6 of 14 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. 128 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 7 of 14 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 129 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 8 of 14 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 130 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 9 of 14 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. 131 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 10 of 14 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. 132 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 11 of 14 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 133 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 12 of 14 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 134 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 13 of 14 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 135 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 14 of 14 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: ______________________ 136 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 1 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: 137 Commercial Façade Improvement Grant Program Agreement between City of Dublin, Brooks Motor Cars, LLC and Davis Enterprises, LLC Page 1 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 138 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 139 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 140 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: _________________________________ 141 Reso. No. XX-21, Item X.X, Adopted 01/12/21 Page 2 of 2 City Clerk 142 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 2 143 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 144 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. 145 4 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- 157 Page 2 of 5 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 158 Page 3 of 5 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: 159 Page 4 of 5 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. 160 Page 5 of 5 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 4 169 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 170 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 171 Page 4 of 6 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. 172 Page 5 of 6 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. 173 Page 6 of 6 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 5 175 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 6 176 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. 177 Page 3 of 3 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. 189 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. 196 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 197 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. 198 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 1 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 Attachment 2 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 Attachment 3 266 267 268 269 270 271 272 273 274 275 276 Attachment 4 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 Attachment 5 309 310 311 312 313 314 315 316 317 318 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