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HomeMy WebLinkAbout*October 19, 2021 Regular City Council Meeting PacketOctober 19, 2021 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS Council Chamber Melissa Hernandez, Mayor Dublin Civic Center Shawn Kumagai, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Sherry Hu, Councilmember www.dublin.ca.gov Michael McCorriston, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, October 19, 2021 Location: City Council Chamber Civic Center 100 Civic Plaza Dublin, CA 94568 Closed Session 6:30 PM Regular Meeting 7:00 PM This meeting will be held in person for the public, and all members of the City Council will be participating in person from the City Council Chamber at Civic Center, 100 Civic Plaza, Dublin, California. Pursuant to Alameda County Health Officer Order No. 21-03, members of the public attending the meeting must wear a face covering over the nose and mouth at all times while indoors, even while speaking at the podium. Additional Meeting Procedures Available During the COVID-19 Pandemic This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv28live.org and on the City’s website at: https://dublin.ca.gov/1604/Meetings-Agendas-Minutes- Video-on-Demand Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:  Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, October 19, 2021. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.  Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.  When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. 1 October 19, 2021 Dublin City Council Regular Meeting Agenda 2 CLOSED SESSION – 6:30 PM I. Threat to Public Services or Facilities Consultation With: Dublin Police Chief Holmes REGULAR MEETING – 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1 Employee Introductions New City of Dublin Staff members, Ryan Moran, Communications Analyst with the City Manager's Office; Jill Johe, Office Assistant II with Community Development; and Gaspare Annibale, Associate Planner with Community Development, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. Staff Report 3.2 Diwali Proclamation The City Council will consider proclaiming November 4, 2021 as Diwali, the Festival of Lights in the City of Dublin. STAFF RECOMMENDATION: Approve the proclamation. Staff Report Attachment 1 - Diwali Proclamation 3.3 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1 Approval of the October 5, 2021 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the October 5, 2021 Regular City Council Meeting. STAFF RECOMMENDATION: 2 October 19, 2021 Dublin City Council Regular Meeting Agenda 3 Approve the minutes of the October 5, 2021 Regular City Council Meeting. Staff Report Attachment 1 - October 5, 2021 Regular City Council Meeting Minutes 4.2 Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin The City Council will consider approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, as required by the project conditions of approval. The Avalon West Dublin subdivision is located on St. Patrick Way and includes 499 residential multi-family units. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin. Staff Report Attachment 1 - Resolution Approving Agreement for Long Term Encroachment for Landscape Features for Tract 8460 Attachment 2 - Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features 4.3 Mayor’s Recommendation for Appointment to the Senior Center Advisory Committee and Heritage and Cultural Arts Commission Unscheduled Vacancies The City Council will consider the Mayor’s recommendation for appointment to fill an unscheduled vacancy on the Senior Center Advisory Committee and an unscheduled vacancy for the alternate on the Heritage and Cultural Arts Commission. STAFF RECOMMENDATION: Confirm the Mayor’s recommendation to appoint Samir Qureshi to the Senior Center Advisory Committee for the remainder of a term ending December 2024 and to appoint Eileen Liu as the alternate to the Heritage and Cultural Arts Commission for the remainder of a term ending December 2022. Staff Report Attachment 1 - Senior Center Advisory Committee Applications Attachment 2 - Heritage and Cultural Arts Commission Applications 4.4 Establishment of the Livermore Valley Wine Heritage District The City Council will consider approving a Resolution granting consent to the City of Livermore to establish the Livermore Valley Wine Heritage District and include the City of Dublin in the district. STAFF RECOMMENDATION: Adopt the Resolution Granting Consent to the City of Livermore to Establish the Livermore Valley Wine Heritage District and Include the City of Dublin in the District. Staff Report Attachment 1 - Resolution Approving Granting Consent to the City of Livermore to Establish the Livermore Valley Wine Heritage District and Include the City of Dublin in the District Attachment 2 - Exhibit A to the Resolution - Livermore Valley Wine Heritage District Map Attachment 3 - City of Livermore Resolution Requesting Consent of the Counties of Alameda and Contra Costa, and the Cities of Danville and Dublin to Form the Livermore Valley Wine Heritage District Attachment 4 - Livermore Valley Wine Heritage District Management Plan 3 October 19, 2021 Dublin City Council Regular Meeting Agenda 4 4.5 Dublin Municipal Code Amendments to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036) The City Council will consider an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by the Novel Coronavirus (COVID-19) and public health orders of the federal, state or county government designed to slow the transmission of COVID -19. The waiver authority would be limited to those requirements and/or standards that would not result in an increase in intensity of use beyond what is otherwise allowed, as applicable. The Ordinance would remain in effect until September 30, 2022, or until orders are lifted, whichever occurs later. The first reading of the Ordinance approving the DMC Amendment was held at the October 5, 2021 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders. Staff Report Attachment 1 - Ordinance Authorizing the City Manager to Temporarily Waive Zoning Regulations 4.6 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from September 1, 2021 - September 30, 2021 totaling $4,464,508.54. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Payment Issuance Report for September 2021 4.7 First Amendment to Granicus, LLC Service Agreement The City Council will consider amending the Granicus Service Agreement to add one-time fees for Closed Captioning Services and new subscription fees for Recurring Captioning Services and approve future amendments to the Granicus Service Agreement in excess of $45,000 as long as the City continues to utilize Granicus, LLC. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Granicus, LLC Service Agreement and Approving Future Services Provided by Granicus, LLC. Staff Report Attachment 1 - Resolution Approving the First Amendment to the Granicus, LLC Service Agreement and Approving Future Services Provided by Granicus, LLC Attachment 2 - Exhibit A to the Resolution - First Amendment to the Granicus Service Agreement between Granicus, LLC and Dublin, CA Attachment 3 - Granicus Service Agreement between Granicus, LLC and Dublin 4.8 Children's Environmental Health Month Proclamation The City Council will consider proclaiming October 2021 as Children's Environmental Health Month in the City of Dublin. STAFF RECOMMENDATION: 4 October 19, 2021 Dublin City Council Regular Meeting Agenda 5 Approve the proclamation. Staff Report Attachment 1 - Children's Environmental Health Month Proclamation 5. WRITTEN COMMUNICATION – None. 6. PUBLIC HEARING – None. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS 8.1 Fiscal Year 2020-21 4th Quarter Financial Review and Additional Special Designation of General Fund Reserves The City Council will receive a financial report on the fourth quarter of Fiscal Year 2020- 21 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2020-21 and confirm additional General Fund reserve designations as of June 30, 2021. Staff Report Attachment 1 - Resolution Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2020-21 Attachment 2 - General Fund Summary Q4 FY 2020-21 Attachment 3 - General Fund Reserves Summary Q4 FY 2020-21 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. 5 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 3.1 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Employee Introductions Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: New City of Dublin Staff members, Ryan Moran, Communications Analyst with the City Manager's Office; Jill Johe, Office Assistant II with Community Development; and Gaspare Annibale, Associate Planner with Community Development, will be introduced. STAFF RECOMMENDATION: Welcome to the new City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff members, Ryan Moran, Communications Analyst with the City Manager's Office; Jill Johe, Office Assistant II with Community Development; and Gaspare Annibale, Associate Planner with Community Development, will be introduced to the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 6 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.2 DATE:October 19,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Diwali ProclamationPrepared by:Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY:The City Council will consider proclaiming November 4, 2021 as Diwali, the Festival of Lights in the City of Dublin. STAFF RECOMMENDATION:Approve the proclamation. FINANCIAL IMPACT:None. DESCRIPTION:Diwali, or Deepavali, is celebrated in autumn of each year by Hindus, Sikhs, Jains, Buddhists, and others around the world. Diwali is celebrated by lighting the Diya, or oil lamp, which symbolizes dispelling darkness and bringing light into life with traditional offerings, rituals, and festivals. Diwali is a festival of lights that includes many traditions such as gathering with friends and family for community prayer, exchanging gifts, setting off fireworks, and decorating houses with colorful rangolis. Diwali is also the Hindu New Year, and it is celebrated on the last day of the last month in the lunar calendar. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. 7 Page 2 of 2 ATTACHMENTS:1) Diwali Proclamation 8 Attachment 1 A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA “Diwali – November 4, 2021” WHEREAS, theCity of Dublin, alongwiththe nation, has been influenced by the extraordinary cultural, ethnic,linguistic, and religious diversity of its residents; and WHEREAS, Diwali or Deepavali, is celebrated in autumn of each year by Hindus, Sikhs, Jains, Buddhist, and others throughout the Bay Area and the World; and WHEREAS,Diwaliis celebrated by lightingtheDiyaor oillamp,whichsymbolizes dispellingdarknessand bringinglight into life with traditional offerings, rituals, and festivals; and WHEREAS, Diwali is also the Hindu New Year, and it is celebrated on the last day of the last month in the lunar calendar; and WHEREAS, for Hindus, Diwali is a celebration of good triumphing over evil, and light prevailing over darkness; and WHEREAS, Hindu Americans in the City of Dublin represent diverse ethnic backgrounds, including individuals of Indian, Pakistani, Bangladeshi, Malaysian, Indonesian, Afghan, Nepali, Bhutanese, Sri Lankan, Fijian, Caribbean, and European descent; and WHEREAS, ourdiversityis one of ourgreatest strengths, andDublinjoinswith allthosearoundtheworldcelebratingDiwali. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby proclaim November 4, 2021 as “Diwali”in the City of Dublin and encourages citizens to recognize the contributions of all Hindu, Sikhs, Jains, and Buddhists in all aspects of our vibrant economy and civic society. DATED: October 19, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 9 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 EXECUTIVE SUMMARY:The City Council will consider approval of the minutes of the October 5, 2021 Regular City Council Meeting. STAFF RECOMMENDATION:Approve the minutes of the October 5, 2021 Regular City Council Meeting. FINANCIAL IMPACT:None. DESCRIPTION:The City Council will consider approval of the minutes of the October 5, 2021 Regular City Council Meeting. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) October 5, 2021 Regular City Council Meeting Minutes DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the October 5, 2021 Regular City Council Meeting Minutes Prepared by:Marsha Moore, MMC, City Clerk 10 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: October 5, 2021 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 5, 2021 Attachment 1 The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/1604/Meetings-Agendas-Minutes-Video-on-Demand Regular MeetingA regular meeting of the Dublin City Council Regular Meeting was held on Tuesday, October 5, 2021, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Hernandez. 1)Call to OrderAttendee Name StatusMelissa Hernandez, Mayor PresentShawn Kumagai, Vice Mayor PresentJean Josey, Councilmember PresentMichael McCorriston, Councilmember PresentSherryHu, Councilmember Present 2)Pledge of Allegiance 3)Oral Communications 3.1)Employee IntroductionsThe City Council welcomed the new City of Dublin Staff members, Yvonne Taylor, Recreation Coordinator with Parks and Community Services; Allison Schuster, Assistant Planner with Community Development; and Elisabeth Hogue, Office Assistant II with Parks and Community Services. 3.2)Public CommentMike Grant provided public comment.Jeanine Gillengerten provided public comment. 4)Consent Calendar 11 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 5, 2021 4.1)Approved the September 21, 2021 Regular City Council Meeting Minutes4.2)Adopted Resolution No.117 titled, "Amending the Dublin Traffic Code Approving Commercial Vehicle Parking Restriction on Sierra Court, Sierra Lane, and Trinity Court and Removing Existing Time-Limited Parking on Sierra Court."4.3)Adopted Resolution No.118 titled, "Authorizing Staff to Procure Computers and Related Equipment from Dell Marketing, L.P."4.4)Received Notification of the City Engineer’s pending approval of the Final Map for Tract 8372 Ivy, Vine, and Avalon at Boulevard and the Final Map for Tract 8460 Avalon West Dublin.4.5)Adopted Resolution No. 119-21 titled, "Granting Public Right-of-Way for St. Patrick Way over Assessor Parcel Numbers 941-1500-045-01 (6600 Golden Gate Drive) and 941-1500-047-04 (6700 Golden Gate Drive)."4.7)Received a recap of Splatter 2021On Motion by Vice Mayor Kumagai, seconded by Councilmember Josey, and by unanimous vote the City Council adopted the Consent Calendar, excluding item 4.6. RESULT:ADOPTED [UNANIMOUS]MOVED BY:Shawn Kumagai, Vice MayorSECOND:Jean Josey, CouncilmemberAYES:Hernandez, Kumagai, Josey, McCorriston, Hu4.6)Alameda County A-1 Bond Fund Commitment to Eden HousingItem 4.6 was pulled from the Consent Calendar for public comment and further discussion.Tom Evans provided public comment.Jeanine Gillengerten provided public comment.Glenn Loveall provided public comment. 12 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 5, 2021 On Motion by Councilmember Josey, seconded by Vice Mayor Kumagai, and by unanimous vote the City Council adopted Resolution No. 120-21 titled, “Authorizing the Commitment of $5,048,319 in Alameda County Measure A-1 Bond Funds from Dublin’s Base City Allocation to Eden Housing."RESULT:ADOPTED [UNANIMOUS]MOVED BY:Jean Josey, CouncilmemberSECOND:Shawn Kumagai, Vice MayorAYES:Hernandez, Kumagai, Josey, McCorriston, Hu 5)Written Communication –None. 6)Public Hearing 6.1)Dublin Municipal Code Amendments to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036)The City Council received a presentation on an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by the Novel Coronavirus (COVID-19) and public health orders of the federal, state, or county government designed to slow the transmission of COVID -19.Mayor Hernandez opened the public comment period. Upon receiving none, Mayor Hernandez closed the public comment period.On Motion of Vice Mayor Kumagai, seconded by Councilmember McCorriston, and by unanimous vote, the City Council waived the reading and INTRODUCED the Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders.RESULT:ADOPTED [UNANIMOUS]MOVED BY:Shawn Kumagai, Vice MayorSECOND:Michael McCorriston, CouncilmemberAYES:Hernandez, Kumagai, Josey, McCorriston, Hu 7)Unfinished Business –None. 13 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 5, 2021 8)New Business –None. 9)Other BusinessBy consensus, the City Council directed Staff to return with a proclamation at thenext meeting declaring October as Children's Environmental Health month. 10)AdjournmentMayor Hernandez adjourned the meeting at 7:42 p.m. MayorATTEST: City Clerk 14 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.2 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West DublinPrepared by:Kan Xu,Senior Civil Engineer EXECUTIVE SUMMARY:The City Council will consider approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, as required by the project conditions of approval. The Avalon West Dublin project is located on St. Patrick Way and includes 499 residential multi-family units. STAFF RECOMMENDATION:Adopt the Resolution Approving the Agreement for Long Term Encroachment for LandscapeFeatures for Tract 8460, Avalon West Dublin. 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:Avalon West Dublin (formerly called St. Patrick Way Residential Project) is a 499-unit project within the Downtown Dublin Specific Plan Transit-Oriented District. The Agreement for Long Term Encroachment for Landscape Features provides for the property owner to maintain project-related landscape and decorative features within the public street rights-of-way within and along the development, including all frontage landscape plantings, street trees, irrigation, sidewalks, stormwater treatment areas, seat walls, and decorative/stamped pavement. The project conditions of approval require this agreement as a condition of the final map. STRATEGIC PLAN INITIATIVE:None. 15 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features forTract 8460, Avalon West Dublin2) Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin 16 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8460, AVALON WEST DUBLIN WHEREAS,a Vesting Tentative Map for Tract 8460, Avalon West Dublin was approved by City Council Resolution No. 40-18 on May 1, 2018, with Conditions of Approval; and WHEREAS,said Conditions of Approval required the developer to construct project-related landscape features within the St. Patrick Way public street right-of-way; and WHEREAS,said Conditions of Approval required the developer to enter into an “Agreement for Long-Term Encroachments” for the maintenance of said landscape features; and WHEREAS,the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required tract improvements, including said landscape features; and WHEREAS,the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, attached hereto as Exhibit “A”, which will be recorded against the property concurrently with the Tract 8460 Final Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features for Tract 8460, Avalon West Dublin, attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of October 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ ATTEST:Mayor ____________________________________ City Clerk 17 $WWDFKPHQW , dated _________; and , dated _________. 18 19 20 21 22 23 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Mayor’s Recommendation for Appointment to the Senior Center Advisory Committee and Heritage and Cultural Arts Commission Unscheduled VacanciesPrepared by:Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY:The City Council will consider the Mayor’s recommendation for appointment to fill an unscheduled vacancy on the Senior Center Advisory Committee and an unscheduled vacancy for the alternate on the Heritage and Cultural Arts Commission. STAFF RECOMMENDATION:Confirm the Mayor’s recommendation to appoint Samir Qureshi to the Senior Center Advisory Committee for the remainder of a term ending December 2024 and to appoint Eileen Liu as the alternate to the Heritage and Cultural Arts Commission for the remainder of a term ending December 2022. FINANCIAL IMPACT:None. DESCRIPTION:There is an unscheduled vacancy on the Senior Center Advisory Committee and an unscheduled vacancy for an alternate on the Heritage and Cultural Arts Commission. The vacancies were posted on Tuesday, August 30, 2021, with an application deadline of Friday, September 17, 2021 at 5:00 p.m.Senior Center Advisory CommitteeA total of six applications were received from the following individuals: Eileen Liu, Sri Muppidi, Kulwant Singh, Chandra Singh, Christy Li, and Samir Qureshi. Mayor Hernandez has reviewed the applications and is recommending appointment of Samir Qureshi to the Senior Center Advisory Committee, with the term expiring in December 2024. 24 Page 2 of 2 Heritage and Cultural Arts Commission - AlternateA total of four applications were received from the following individuals: Eileen Liu, Victoria Liu, Sri Muppidi, and Chandra Singh. Mayor Hernandez has reviewed the applications and is recommending appointment of Eileen Liu as the alternate to the Heritage and Cultural Arts Commission, with the term expiring in December 2022. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted, and the applicants were sent a copy of this Staff Report. ATTACHMENTS:1) Senior Center Advisory Committee Applications 2) Heritage and Cultural Arts Commission Applications 25 Senior Center Advisory Committee The City of Dublin is seeking applications to fill one Alternate vacancy on the Senior Center Advisory Committee with the term ending December 2022. Committee Responsibilities The Senior Center Advisory Committee consists of five members who serve four-year staggered terms and two alternates who serve two-year terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the residents of Dublin. The Senior Center Advisory Committee Bylaws and Rules of Procedure govern the meetings and activities of the Advisory Committee. Senior Center Advisory Committee Bylaws and Rules of Procedure Senior Center Advisory Committee Bylaws and Rules of Procedure Date* First Name* Samir Last Name* Qureshi Address1* City* Dublin State* CA Zip* 94568 Phone (Primary)*Phone (Secondary): E-mail*How long have you been a resident of Dublin? * 9 Why are you interested in serving on the Senior Center Advisory Committee? I have a passion for public service and I would like to continue my work towards public service. I believe serving on Senior Center Advisory Committee will be a great way to give time back to the community. In what organizations are you currently a member? Please list. None at this moment Print Senior Center Advisory Committee Application - Submission #4019 Date Submitted: 2/15/2021 2/15/2021 Attachment 1 26 What is your impression of the programs and services offered for seniors through the Dublin Senior Center? The Dublin Senior Center offers a variety of classes, activities, and programs that engage the mind, body, and spirit. Have you or a family member participated in the programs, services, or events offered at the Dublin Senior Center? Yes ... using the center for other organization purposes Are there additional programs and services that should be offered through the Dublin Senior Center? Please describe. There are always new ideas of services we can provide but we need to understand the community needs and determine what's the right programs to offer. What do you feel are some of the most pressing issues facing senior adults in the City of Dublin? Getting through these pandemic times and stay healthy Application must be submitted no later than Friday, February 26, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov If you select "Submit," your application will be sent electronically to the City Clerk's office. If you'd like to retain a copy of your application, please choose "Submit and Print." After you click this button, you will be shown a page with your information provided. Please choose Print from your "File" navigation and then select "Continue." 27 28 29 Senior Center Advisory Committee Application The Senior Center Advisory Committee consists of five members who serve four-year staggered terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the residents of Dublin. Senior Center Advisory Committee Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an unscheduled vacancy on the Senior Center Advisory Committee to serve the remaining term with an end date of December 2024. Date Time * 9/11/2021 First Name * Eileen Last Name * Liu Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country USA Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 11 years Application Questions Why are you interested in serving on the Senior Center Advisory Committee? I am interested in serving on the Senior Center Advisory Committee because seniors are a vulnerable group of people who need love, care and support from our Dublin community. Our nation is aging -- the number of Americans ages 65 and older will reach 80 million in 2040. By 2040, about one in five Americans will be age 65 or older. More senior programs and services will be needed in the future. In what organizations are you currently a member? Please list. Dublin Ranch Golf Club HOA Board Position: Treasurer 30 What is your impression of the programs and services offered for seniors through the Dublin Senior Center? My impression of the programs and services offered for seniors through the Dublin Senior Center is that they are helpful and diverse (i.e. fitness, sports and recreation programs, health and meal program, etc.). Health is a top priority for seniors in general. The Dublin Senior Center offers programs such as senior health screening, diabetes support group, Health, Insurance Counseling & Advocacy Program (HICAP), etc. These programs help seniors proactively check their health and provide advice, which is a great strategy to detect and prevent serious illness. Have you or a family member participated in the programs, services, or events offered at the Dublin Senior Center? Yes. Are there additional programs and services that should be offered through the Dublin Senior Center? Please describe. I think mental health screening and/or counseling programs and services to seniors should be offered through the Dublin Senior Center. Seniors may feel isolated and lonely, which may cause mental health degradation. These kinds of programs and services will help detect seniors' mental health problems and allow them to seek treatment if necessary. In addition, we can organize services such as helping seniors with shopping, yard work, cooking, laundry, etc. What do you feel are some of the most pressing issues facing senior adults in the City of Dublin? To provide information and availabilities regarding COVID-19 vaccines, and make sure senior adults get properly vaccinated for COVID-19 as soon as possible. We can also offer programs to help seniors connect with others in our community, such as virtual group activities involving senior sports, arts and crafts, cooking, and volunteering. Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 31 Senior Center Advisory Committee Application The Senior Center Advisory Committee consists of five members who serve four-year staggered terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the residents of Dublin. Senior Center Advisory Committee Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an unscheduled vacancy on the Senior Center Advisory Committee to serve the remaining term with an end date of December 2024. Date Time * 9/6/2021 First Name * Sri Last Name * Muppidi Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country United States Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 3.5 Application Questions Why are you interested in serving on the Senior Center Advisory Committee? Growing up, I used to volunteer in my town’s senior center as a way to give back and connect with my community. I’m interested in serving on the Senior Center Advisory Committee because the pandemic and the environmental disasters have left seniors more lonely and underserved than ever before. I’d like to join the Senior Center Advisory Committee in order to better support the seniors in my community by increasing access to the programming, support, and resources that the city has to offer. I'm a GenZ/Millennial, and I believe that having a younger perspective on the committee might be helpful in bridging the connection between younger Dublin residents with the senior community, especially in such an isolated period like the pandemic. I'd love to contribute ideas on how we can bring different community members together. 32 In what organizations are you currently a member? Please list. I’m a member of the Tri-Valley Democratic Club and am an associate member of the Alameda County Democratic Club. Additionally, I volunteer with The Loop Network, teaching entrepreneurship workshops to female entrepreneurs, and I’m also a board member of university and professional alumni organizations. What is your impression of the programs and services offered for seniors through the Dublin Senior Center? Dublin offers amazing services to our senior community. I’m particularly impressed with the multitude of recreation activities offered like the art, fitness, and wellness classes. I also like the workshops offered to teach seniors tech skills as well as health programs like the diabetes support group and health insurance information sessions. I appreciate that the city offers fee assistance to enable seniors to participate in these programs if they’re unable to afford to do so. In particular, the lunch program seems to be quite impactful due to our shelter-in-place restrictions. Have you or a family member participated in the programs, services, or events offered at the Dublin Senior Center? None of my grandparents lived in Dublin, but my mother has explored some of the fitness and wellness courses offered by the senior center, including the balance/strength and yoga classes. Are there additional programs and services that should be offered through the Dublin Senior Center? Please describe. I think that the senior community might benefit from financial wellness workshops, particularly around topics like elder fraud, life and health insurance, social security, retirement planning, and estate planning. I think other programs that could be potentially beneficial could be around skills for different tech tools. What do you feel are some of the most pressing issues facing senior adults in the City of Dublin? Now more than ever, I believe that a lot of people are feeling lonely and isolated, particularly seniors. Additionally, with the wildfires and heat waves, seniors may be vulnerable to adverse weather conditions, so it’s important to be aware of weather alerts and information reaching everyone and having a safety plan in place in case of these types of events. Dublin lacks well-connected public transportation services, which also makes it difficult for seniors to travel places, especially if they’re unable to drive. Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 33 Senior Center Advisory Committee Application The Senior Center Advisory Committee consists of five members who serve four-year staggered terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the residents of Dublin. Senior Center Advisory Committee Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an unscheduled vacancy on the Senior Center Advisory Committee to serve the remaining term with an end date of December 2024. Date Time * 9/10/2021 First Name * Chandra Last Name * Singh Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country USA Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 54 Days Application Questions Why are you interested in serving on the Senior Center Advisory Committee? I am a senior citizen resident of Dublin. In what organizations are you currently a member? Please list. None What is your impression of the programs and services offered for seniors through the Dublin Senior Center? 34 I am a senior citizen who has moved to this city as a new immigrant. We were following the programs through internet because we were planning to move here. There were few online webinars / podcasts / special lectures and corona pandemic caused problems: uncertainty / anxiety / lack of human - human interaction.  Were there surveys conducted and not published for pandemic related issues? Have you or a family member participated in the programs, services, or events offered at the Dublin Senior Center? No Are there additional programs and services that should be offered through the Dublin Senior Center? Please describe. 1. Guidance for diet / physical exercises / health 2 language  3 Recreation 4 How to utilise Gadgets What do you feel are some of the most pressing issues facing senior adults in the City of Dublin? 1 Transportation 2 Inheritance education and financial issues 3 social awareness 4 Geriatric care Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 35 Senior Center Advisory Committee Application The Senior Center Advisory Committee consists of five members who serve four-year staggered terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the residents of Dublin. Senior Center Advisory Committee Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an unscheduled vacancy on the Senior Center Advisory Committee to serve the remaining term with an end date of December 2024. Date Time * 9/17/2021 First Name * Kulwant Last Name * Singh Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country USA Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 11 Yrs Application Questions Why are you interested in serving on the Senior Center Advisory Committee? I had been a member of Hiking group organized under the guidance of a group from Senior center. Therefore I had close interaction with seniors, who mostly use the hiking activities, and also Dublin City staff, who used to work at city senior center. Having interacting with Senior citizens in city of Dublin and the problems and issues being faced by seniors, I will place issues before the committee and discuss, ways to solve it.  In what organizations are you currently a member? Please list. I have worked earlier as a volunteer in Alameda county as LibraryCommissioner for City of Fremont. I have also worked as a volunteer as a memberof Grand Jury for Alameda County Superior court. I am volunteering at WheelsTransit authority (including seeing how it pertains to 36 Senior members ofcommunity), and a volunteer information officer for Superior court atDublin location. I am also at president of HOA in our community. I am a professional Civil Engineer. I have worked withDepartment of Transportation, State of California for almost 20 yearsbefore retiring from there. I worked in their Oakland office. I was a part ofteam, who have been involved in planning and design of new Bay Bridge. What is your impression of the programs and services offered for seniors through the Dublin Senior Center? I believe, it is running reasonably well. I have completed B.SC, BSME, MBA, PE(Civil). As a part of myworking, I had to know all codes and specifications of different jobrequirements for different infrastructure projects. Have you or a family member participated in the programs, services, or events offered at the Dublin Senior Center? I have worked with hiking group. I have also used it for taking some courses and participated in some sports/exercise program. Are there additional programs and services that should be offered through the Dublin Senior Center? Please describe. Present programs and services need to be communicatedin a more professional manner, so that it may be communicated to allresidents of Dublin. The committee has to ensure that present servicesbeing offered are more efficiently utilized What do you feel are some of the most pressing issues facing senior adults in the City of Dublin? I may be able to describe in detail, after seeing them in depth and joining in discussions with other senior members. Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 37 Heritage and Cultural Arts Commission Application The Heritage and Cultural Arts Commission is an advisory body to the City Council and City Staff. This Commission is made up of seven members of the community who serve four-year staggered terms and one alternate serving two-year terms. The Commission considers and makes recommendations to the City Council on historical, cultural, and artistic matters by: ensuring historical preservation of the Heritage Center; generating public input concerning the arts; and, reviewing arts contract proposals. The Commission may also review and make recommendations regarding the City's budgets for arts programs, facilities, and the Heritage and Cultural Arts Long Range Plan for the community. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure govern the meetings and activities of the Commission. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an alternate on the Heritage and Cultural Arts Commission to serve the remaining term with an end date of December 2022. Date Time * 9/14/2021 First Name * Eileen Last Name * Liu Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country USA Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 11 years Application Questions Why are you interested in serving on the Heritage and Cultural Arts Commission? I am interested in serving on the Heritage and Cultural Arts Commission because I love cultural arts and enjoy meeting people from different cultures. I want to preserve the Heritage Park and Museums as well as public artworks around the city. I would like to support Dublin's art and Attachment 2 38 cultural events so that Dublin can continue to be a diverse and inclusive city that all Dublin citizens can enjoy and be proud of. Please list any current or recent membership in arts, culture or heritage organizations. Co-founder and VP of Tri-Valley Asian Community; Board Director of Dublin Ranch Golf Club HOA What experience do you have serving on advisory committees, task forces, boards or commissions? I have served as a Board Director of our HOA for over nine years, keeping our community well-managed, safe, and a beautiful place to live while maintaining low HOA dues. I also serve as VP of the Tri-Vally Asian Community, working collaboratively with others for the betterment of our community. What education, training or experience do you have in cultural arts or heritage? I love cultural arts and am curious about other cultures and heritages. I visited many domestic and international museums including the Louvre in Paris, which is one of my favorite museums. I volunteered and participated in various culture events in our community including at my children's schools. I introduced Chinese art, heritage and tradition, and encouraged people to learn other cultures and be inclusive. List the artistic, cultural, and/or historic activities in which you have participated (particularly within the City of Dublin). Dublin Heritage Park Festival, St. Patrick's Celebration, Splash Festival, Chinese New Year Celebration, and more. Dublin has a rich heritage that has been preserved through parks, facilities, and programs. Dublin’s recent history comprises diverse growth and demographics. How do you bridge the pioneer era with the more recent growth that has shaped what Dublin is today? Preserving the Heritage Park and Museums is vital. The Heritage Park and Museums will help new members of our community understand the history of Dublin. I can help bridge the pioneer era with Dublin's recent growth by fostering community bonds through activities such as introducing the museums, parks and programs to new members of our community; arranging field trips for students to visit the Heritage Park and Museums; and organizing community events to connect the old and new members of our community, thus keeping the rich history of Dublin alive. What knowledge do you have of public art and public art programs in Dublin? The public art programs not only promote artworks but also support local artists. The collection of public artworks distinguishes our community and contributes to Dublin's aesthetic legacy. The Public Art Passport Challenge is a fun way to promote the art pieces throughout Dublin. The City of Dublin also offers Camps at the Shannon Center and the Heritage Park for art and heritage lessons. These are all very meaningful. What is the most important contribution you feel you can make as a member of the Heritage & Cultural Arts Commission? Dublin has a diverse population. I feel I can bring energy and a new perspective as a member of the Heritage and Culture Arts Commission. Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 39 Heritage and Cultural Arts Commission Application The Heritage and Cultural Arts Commission is an advisory body to the City Council and City Staff. This Commission is made up of seven members of the community who serve four-year staggered terms and one alternate serving two-year terms. The Commission considers and makes recommendations to the City Council on historical, cultural, and artistic matters by: ensuring historical preservation of the Heritage Center; generating public input concerning the arts; and, reviewing arts contract proposals. The Commission may also review and make recommendations regarding the City's budgets for arts programs, facilities, and the Heritage and Cultural Arts Long Range Plan for the community. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure govern the meetings and activities of the Commission. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an alternate on the Heritage and Cultural Arts Commission to serve the remaining term with an end date of December 2022. Date Time * 9/1/2021 First Name * Victoria Last Name * Liu Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country USA Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 2 Application Questions Why are you interested in serving on the Heritage and Cultural Arts Commission? 40 I have a Bachelor of Arts degree from college,studied Arts histrory and Critique theory at my post college time. I've been developing the interest and ability of Arts value all the time. Art brings joy and morality good value to the people and the society, the creativity and amazing Art always support the spiritual strength to the all age groups of the community. I'd be honored to join the Heritage and Cultural Arts Commission community to contribute and collaborate with the team for Dublin community.  Thank you and appreciate your time.   Please list any current or recent membership in arts, culture or heritage organizations. 1, Stanford Cantor Arts center membership 2, Palo Alto Arts Center membership What experience do you have serving on advisory committees, task forces, boards or commissions? 1, OLR site committee  2, Palo Alto Emergancy Fair Co- Chair 3, Paly PTSA VP of fundraising  4, Paly PIE lead 5, Paly VP of staff appreciation  What education, training or experience do you have in cultural arts or heritage? 1, BA of Fine Arts 2, Master Certificate of Art Histrory & Critique Theory List the artistic, cultural, and/or historic activities in which you have participated (particularly within the City of Dublin). I haven't joined the activities since not aware of the schedules yet, will be happy to participate once joined the commission. Dublin has a rich heritage that has been preserved through parks, facilities, and programs. Dublin’s recent history comprises diverse growth and demographics. How do you bridge the pioneer era with the more recent growth that has shaped what Dublin is today? Dublin Heritage culture is growing with the community, I'd  be happy to bridge the community culture through the Dublin planned activites together to bring Dublin active life and move forward. What knowledge do you have of public art and public art programs in Dublin? As I learned, this division provides support to the Heritage and Cultural Arts Commission, operates the Dublin Heritage Park and Museums, oversees the Public Art Program, produces Special Events and Festivals, and coordinates a variety of Cultural Arts classes for all age groups.    I'm in the process of the knowledge. Thanks. What is the most important contribution you feel you can make as a member of the Heritage & Cultural Arts Commission? The Fine Arts degree & Tech company work background, and long term 12 years of community service experiences would strengten me to advise and contribute unique value. The most important contribution from me as one member of the Heritage & Cultural Arts Commission would be: I'll work hard to support and encourage the Art interestedTalented all age groups' people to collabrate and get involved with the Dublin Art programs and develope more value for the Dublin community. 41 Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 42 Heritage and Cultural Arts Commission Application The Heritage and Cultural Arts Commission is an advisory body to the City Council and City Staff. This Commission is made up of seven members of the community who serve four-year staggered terms and one alternate serving two-year terms. The Commission considers and makes recommendations to the City Council on historical, cultural, and artistic matters by: ensuring historical preservation of the Heritage Center; generating public input concerning the arts; and, reviewing arts contract proposals. The Commission may also review and make recommendations regarding the City's budgets for arts programs, facilities, and the Heritage and Cultural Arts Long Range Plan for the community. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure govern the meetings and activities of the Commission. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an alternate on the Heritage and Cultural Arts Commission to serve the remaining term with an end date of December 2022. Date Time * 9/6/2021 First Name * Sri Last Name * Muppidi Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country United States Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 3.5 Application Questions Why are you interested in serving on the Heritage and Cultural Arts Commission? 43 I’m interested in serving on the Heritage & Cultural Arts Commission because I’d like to increase access to the arts to the broader Dublin community. Growing up, art classes and workshops had been expensive, but it was only through my community and school’s programs that I was able to learn and appreciate different forms of art and culture. I’d like to serve on the Heritage & Cultural Arts Commission in order to do the same for the Dublin community. I hope to get involved with the commission to give back to the community, stay connected and meet new people, and support Dublin’s art and cultural events. Dublin is a very diverse city, and I would love to help organize and support Dublin’s arts and cultural events to reflect our town’s diversity. Please list any current or recent membership in arts, culture or heritage organizations. I played an instrument through my schooling (elementary, middle, high school) as well as in my university’s band. I’m a board member of Stanford’s alumni association, which hosts multiple arts, music, and culture events for the Bay Area community. Some of the past events include operas, musicals, and symphonies. What experience do you have serving on advisory committees, task forces, boards or commissions? I’m currently on the Tri-Valley Democratic Club and the Alameda County’s Democratic Club. Additionally, I serve as a board member for Stanford’s alumni association and serve as a Vice President for a professional alumni association. I’m also a board member and volunteer for All Raise, a non profit aimed at increasing the number of female founders and funders. I’m also on the SCS Property Community Advisory Committee for the city of Dublin. What education, training or experience do you have in cultural arts or heritage? I’m currently on the Tri-Valley Democratic Club and the Alameda County’s Democratic Club. Additionally, I serve as a board member for Stanford’s alumni association and serve as a Vice President for a professional alumni association. I’m also a board member and volunteer for All Raise, a non profit aimed at increasing the number of female founders and funders. I’m also on the SCS Property Community Advisory Committee for the city of Dublin. List the artistic, cultural, and/or historic activities in which you have participated (particularly within the City of Dublin). I’ve enjoyed local events like the St. Patrick’s Day Parade as well as the local Indian events put on by the city along with local Dublin residents. Some of these events include events like Holi and Diwali events. I also enjoy the museum and the beautiful murals and statues across town. I also like buying food at the Farmer’s Market from the amazing local vendors, and I loved checking out the Picnic Flix earlier this summer. Dublin has a rich heritage that has been preserved through parks, facilities, and programs. Dublin’s recent history comprises diverse growth and demographics. How do you bridge the pioneer era with the more recent growth that has shaped what Dublin is today? I think it’s important to continue preserving the beautiful Heritage Park and Museums site. I really enjoy the museums and I think the city does a great job of making Dublin’s history accessible. It would be a great idea to further engage the Dublin community— both old and new members of the community— with community events where Dubliners share their favorite spots around town, why they moved to Dublin, and other fun and interesting stories. We could also host more multicultural events to celebrate the arts, music, and culture of different members of our community. For example, we can continue celebrating holidays and festivals like St. Patrick's Day while also adding more cultural events from different cultures. What knowledge do you have of public art and public art programs in Dublin? Dublin has a great public arts program, making beautiful artwork accessible to Dubliners. I enjoy the murals and statues across town, and think that the public arts program is a great way for local artists to share their artwork with the Dublin community. The public arts program also makes Dublin’s history and diversity more accessible and helps community members to connect with their city’s history. What is the most important contribution you feel you can make as a member of the Heritage & Cultural Arts Commission? 44 Dublin is an incredibly diverse city, and I’m glad to be a part of a city that is so diverse and friendly. I hope to represent and bring a unique perspective. I would bring a GenZ/Millennial perspective and can represent that community on the commission. It would be interesting to incorporate more digital forms of art and culture to some of the city’s programming to connect with more young people (i.e. digital concerts or online art contests), especially since we’re still facing shelter-in-place restrictions. Additionally, I’m Indian-American but have gotten the opportunity to learn languages like Spanish and Arabic in school and have studied/worked abroad in different countries like Oman, Turkey, and UK. I hope to bring these experiences to the commission as well to help represent Dublin’s diverse community. Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 45 Heritage and Cultural Arts Commission Application The Heritage and Cultural Arts Commission is an advisory body to the City Council and City Staff. This Commission is made up of seven members of the community who serve four-year staggered terms and one alternate serving two-year terms. The Commission considers and makes recommendations to the City Council on historical, cultural, and artistic matters by: ensuring historical preservation of the Heritage Center; generating public input concerning the arts; and, reviewing arts contract proposals. The Commission may also review and make recommendations regarding the City's budgets for arts programs, facilities, and the Heritage and Cultural Arts Long Range Plan for the community. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure govern the meetings and activities of the Commission. The Heritage and Cultural Arts Commission Bylaws and Rules of Procedure The City of Dublin is currently recruiting for an alternate on the Heritage and Cultural Arts Commission to serve the remaining term with an end date of December 2022. Date Time * 9/10/2021 First Name * Chandra Last Name * Singh Address * Street Address Address Line 2 City Dublin State/Province/Region CA Postal/Zip Code 94568 Country USA Phone (Primary)*Phone (Secondary) E-mail * How long have you been a resident of Dublin?* 56 days Application Questions Why are you interested in serving on the Heritage and Cultural Arts Commission? I have read about a position to fill a vacancy. I am a senior citizen. Our street has no person who told me about this vacancy. We meet people in Kolb park who do not have either interest or desire for Heritage.  46 Please list any current or recent membership in arts, culture or heritage organizations. I am learning. we do follow www.dublin.ca.gov What experience do you have serving on advisory committees, task forces, boards or commissions? None in Dublin, CA What education, training or experience do you have in cultural arts or heritage? I am a retired Professor Principal of a engineering school having gone to Iowa State University, Ames, Iowa; University of Wisconsin, Madison, Wisconsin and University of Texas, Austin, Texas. Worked as research assistant while doing M.S. and Ph.D. In addition was the recepient of National and Space Administration (NASA) / National Research Council (NRC) post doctoral fellowship in the Physical Sciences Division at Glen Lewis Research Center, Cleveland, Ohio for developing nuclear propulsion plasma engines. I served as a research scientist in France, Visiting Professor at the University of Sao Paulo, Sao Paulo, Brazil and research associate at the University of Nagoya, Nagoya, Japan. My experience in technical education has been as a FOUNDER in India. List the artistic, cultural, and/or historic activities in which you have participated (particularly within the City of Dublin). I am enjoying events for our local communities. Dublin has a rich heritage that has been preserved through parks, facilities, and programs. Dublin’s recent history comprises diverse growth and demographics. How do you bridge the pioneer era with the more recent growth that has shaped what Dublin is today? Following recent 2020 census through www.census.gov What knowledge do you have of public art and public art programs in Dublin? I am a learner. What is the most important contribution you feel you can make as a member of the Heritage & Cultural Arts Commission? I will help for evolving solutions for the new resident who arrive here. Applications must be submitted no later than Friday, September 17, 2021, at 5:00 p.m. For questions, please contact the City Clerk's Office at (925) 833-6650 or city.clerk@dublin.ca.gov 47 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.4 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Establishment of the Livermore Valley Wine Heritage DistrictPrepared by:Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY:The City Council will consider approving a Resolution granting consent to the City of Livermore to establish the Livermore Valley Wine Heritage District and include the City of Dublin in the district. STAFF RECOMMENDATION:Adopt the Resolution Granting Consent to the City of Livermore to Establish the Livermore Valley Wine Heritage District and Include the City of Dublin in the District. FINANCIAL IMPACT:There is no financial impact to the City associated with this action. DESCRIPTION:The City of Livermore is working with the Livermore Valley Winegrowers Association and local winery businesses to form the Livermore Valley Wine Heritage District (LVWHD) pursuant to the Property and Business Improvement District Law of 1994 (94 Law). The City of Livermore has received support from a majority of the wineries and have exceeded the 51% required for formation. The City of Livermore has requested by resolution (Attachment 3) the inclusion of the City of Dublin in the LVWHD. The LVWHD Management District Plan (Plan) (Attachment 4) sets forth the annual assessment rate as 2% of gross direct-to-consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. To form the LVWHD, a majority of the businesses paying the assessment must petition the City of Livermore for LVWHD formation (by amount paid).The 94 Law allows for the formation of multi-jurisdictional Business Improvement Districts (BIDs), with consent of the included jurisdictions being granted to one “lead” jurisdiction. The 48 Page 2 of 3 City of Livermore has requested consent to act as the lead jurisdiction in the formation of the LVWHD as shown in the Plan, and to include the City of Dublin in the proposed LVWHD. The City of Livermore will follow the formation proceedings specified in the 94 Law, including accepting petitions, adopting a resolution declaring its intention to form the LVWHD, holding a public meeting and public hearing to allow for comments, and adopting a resolution establishing the LVWHD.Wine Heritage DistrictsWine Heritage Districts are an evolution of the traditional Business Improvement District (BID). BIDs allow business owners to organize their efforts to increase sales and promotional efforts. Business owners within the district fund a BID, and those funds are used to provide services that the businesses desire and benefit the businesses within the district.BID benefits: Funds cannot be diverted for other government programs. They are customized to fit the needs of each destination. They allow for a wide range of services including marketing programs, business promotion activities, and infrastructure improvements. They are designed, created, and governed by those who will pay the assessment. They provide a stable funding source for business promotion.In California, BIDs are primarily formed pursuant to the 94 Law. This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between BIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the BID.Management District PlanThe Plan includes the proposed boundary of the LVWHD, a service plan and budget, and a proposed means of governance. The LVWHD includes wineries located within the boundaries of the Counties of Alameda and Contra Costa, and the cities of Dublin, Livermore, Sunol, and the Town of Danville as shown on the map within the Plan.The established LVWHD will have a five-year term beginning July 1, 2021 and ending on June 30, 2026 with the assessment commencing on July 1, 2021. Once per year beginning on the anniversary of the LVWHD establishment, there is a 30-day period in which winery owners paying 50% or more of the assessment may protest and begin proceedings to terminate the LVWHD. Once formed, the LVWHD is estimated to generate approximately $693,000 on an annual basis. A budget has been provided in the plan that includes the following items: Marketing and Brand Awareness, Quality Enhancement and Education, Administration and Operations, Advocacy –Community and Industry Engagement, Professional Development and Education, Reserves, and the Lead Agency Collection Fee. The formation of the LVWHD is similar to Visit Tri-Valley Travel Management District. VTV’s focus is on lodging and hospitality; whereas LVWHD will have a wine-centric focus to bring people into wine country and increase winery sales revenue. 49 Page 3 of 3 The City of Livermore or their designee shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each winery located in the boundaries of the LVWHD. The City of Livermore or their designee shall take all reasonable efforts to collect the assessments from each winery. The City of Dublin does not currently have a winery, but if a winery were to be established, then they would be assessed at the rate in effect at that time. The City of Dublin will be a participant as it relates to the City’s geographical location but will not have an active role in the LVWHD as the Livermore Valley Winegrowers Association’s Owners’ Association will be responsible for implementing the budget and programs identified in the Plan. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving Granting Consent to the City of Livermore to Establish the Livermore Valley Wine Heritage District and Include the City of Dublin in the District2) Exhibit A to the Resolution – Livermore Valley Wine Heritage District Map3) City of Livermore Resolution Requesting Consent of the Counties of Alameda and Contra Costa, and the Cities of Danville and Dublin to Form the Livermore Valley Wine Heritage District4) Livermore Valley Wine Heritage District Management Plan 50 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING CONSENT TO THE CITY OF LIVERMORE TO ESTABLISH THE LIVERMORE VALLEY WINE HERITAGE DISTRICT AND INCLUDE THE CITY OF DUBLIN IN THE DISTRICT WHEREAS,the City of Livermore is beginning the process to form the Livermore Valley Wine Heritage District (LVWHD) pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., to provide specific benefits to assessed winery businesses in Livermore Valley Wine Country; and WHEREAS,the City Council of the City of Livermore has requested consent to form the LVWHD in the City of Dublin with adoption of Livermore City Council Resolution No. 2021-159, dated September 13, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the following: Section 1: The above recitals are true and correct. Section 2: The City of Livermore is hereby granted consent to include the City of Dublin in the LVWHD, as shown in Exhibit A to this Resolution, for the formation of the LVWHD and future renewals. Section 3: The Clerk of the City Council is hereby directed to transmit a certified copy of this Resolution to the City Clerk of the Livermore City Council. Section 4: This Resolution is effective upon its adoption. PASSED, APPROVED AND ADOPTED this 19th day of October 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 51 Attachment 2 Exhibit A to the Resolution Livermore Valley Wine Heritage District Map 52 Attachment 353 54 2021-2026 LIVERMORE VALLEY WINE HERITAGE DISTRICT MANAGEMENT DISTRICT PLAN March 17, 2021 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq. Attachment 4 55 CONTENTS I. OVERVIEW ......................................................................................................................................... 3 II. BACKGROUND ................................................................................................................................. 4 III. BOUNDARY ........................................................................................................................................ 5 IV. ASSESSMENT BUDGET AND SERVICES ................................................................................ 6 A. Annual Service Plan ............................................................................................................ 6 B. Annual Budget ..................................................................................................................... 8 C. California Constitutional Compliance ................................................................................. 8 D. Assessment ........................................................................................................................ 10 E. Penalties and Interest ......................................................................................................... 10 F. Time and Manner for Collecting Assessments .................................................................. 11 V. GOVERNANCE ............................................................................................................................... 12 A. Owners’ Association ......................................................................................................... 12 B. Brown Act and California Public Records Act Compliance ............................................. 12 C. Annual Report ................................................................................................................... 12 APPENDIX 1 – LAW .................................................................................................................................... 13 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................. 24 Prepared by Civitas (800)999-7781 www.civitasadvisors.com 56 LVWHD Management District Plan 3 March 17, 2021 I. OVERVIEW Developed by Livermore Valley Winegrowers Association (LVWA), a non-profit organization, the Livermore Valley Tourism Wine Heritage District (LVWHD) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion and protection efforts with the goal to advance assessed businesses in the Livermore Valley Wine Country. This approach has been used successfully in other destination areas throughout the country to provide the benefit of driving increased business sales directly to payors. Location: The LVWHD includes wineries located within the boundaries of the Counties of Alameda, and Contra Costa, and the cities of Danville, Livermore, Dublin, and Sunol, as shown on the map in Section III. Services: The LVWHD is designed to provide specific benefits directly to payors by increasing winery sales and revenue therefrom. Marketing & brand awareness, community & industry advocacy, quality enhancement & education, and professional development & education efforts will promote assessed wineries in the LVWHD to increase winery sales revenue. Budget: The total LVWHD annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $693,000. This amount may fluctuate as businesses open and close and winery sales change. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as sales do. Cost: The annual assessment rate is two percent (2%) of gross direct to consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. Collection: The City of Livermore (City) or a third-party collection agency shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in the boundaries of the LVWHD. The City or the third-party collection agency shall take all reasonable efforts to collect the assessments from each winery. Duration: The LVWHD will have a five (5) year life, beginning July 1, 2021 and ending on June 30, 2026. Once per year, beginning on the anniversary of LVWHD formation, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City Council hearing on LVWHD termination. Management: The Livermore Valley Winegrowers Association will serve as the Owners’ Association to provide improvements and activities for the LVWHD. The Association must provide an annual report on activities and expenditures to the City, which is also available to business owners. 57 LVWHD Management District Plan 4 March 17, 2021 II. BACKGROUND Wine Heritage Districts (WHDs) are an evolution of the traditional Business Improvement District (BID). BIDs utilize the efficiencies of private sector operation in the market-based promotion of business districts. BIDs allow business owners to organize their efforts to increase sales and promotional efforts. Business owners within the district fund a BID, and those funds are used to provide services that the businesses desire and benefit the businesses within the district. Business Improvement District services may include, but are not limited to: Ø Marketing of the District Ø Business Promotion Activities Ø Infrastructure Improvements In California, BIDs are formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between BIDs and other special benefit assessment districts is that funds raised are managed by the private non-profit corporation governing the district. There are many benefits to Business Improvement Districts: Ø Funds cannot be diverted for other government programs; Ø Services are customized to fit the needs of each district; Ø They allow for a wide range of services, including those listed above; Ø Business Improvement Districts are designed, created and governed by those who will pay the assessment; and Ø They provide a stable funding source for business promotion. The 94 Law is provided in Appendix 1 of this document. 58 LVWHD Management District Plan 5 March 17, 2021 III. BOUNDARY The LVWHD will include all wineries existing and in the future, within the boundaries of the portions of the Counties of Alameda, and Contra Costa, and the cities of Danville, Livermore, Dublin, and Sunol, as shown on the map below. The term “winery” as used herein means: A business that is commercial growing and/or processing of wine grapes; and/or must have a valid state license and/or federal permit to process or sell wine at retail locations within the boundaries of the LVWHD. The boundary, as shown in the map below, currently includes fifty-six (56) wineries. A complete listing of wineries within the LVWHD can be found in Appendix 2. 59 LVWHD Management District Plan 6 March 17, 2021 IV. ASSESSMENT BUDGET AND SERVICES A. Annual Service Plan Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the LVWHD funds are marketing & brand awareness, advocacy, and quality enhancement & education programs available only to assessed businesses. A service plan budget has been developed to deliver services that benefit the assessed businesses. A detailed annual budget will be developed and approved by LVWA. The table below illustrates the initial annual budget allocations. The total initial assessment budget is $693,000. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the assessment budget shall remain the same. However, the City and the LVWA board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the LVWHD, any and all assessment funds may be used for the costs of defending the LVWHD. The costs of creating the LVWHD may be repaid to LVWA reserves by deducting repayment funds proportionally from budget categories. Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the Association on an as-needed basis. Marketing & Brand Awareness, 35% $242,550.00 Quality Enhancement & Education, 18% $124,740.00 Administration and Operations, 15% $103,950.00 Advocacy -Community & Industry Engagement, 15% $103,950.00 Professional Development & Education, 10% $69,300.00 Contingency / Reserve, 5% $34,650.00 City Collection Fee, 2%$13,860.00 Initial Annual Assessment Budget -$693,000 60 LVWHD Management District Plan 7 March 17, 2021 Marketing & Brand Awareness A brand awareness marketing program will promote the Livermore Valley Wine Heritage District (“LVWHD”) as a premium winegrowing region and as a leader in the global wine community. The brand awareness marketing program will have a central theme of promoting the LVWHD as a desirable place to experience Livermore Valley wineries, and as a desirable area to purchase wines and other estate produced products. The program has the goal of increasing demand for visitation to the winegrowing region, retail sales, affinity for LVWHD grapes and wines, and recognition at and for assessed businesses, and may include but is not limited to the following activities: • Advertising across any and all media channels to promote assessed winery tasting rooms on a local, regional or national level, including but not limited to: digital, print, television, radio and strategic brand partnerships; • Media Relations – Promoting assessed winery tasting rooms through development of media relations strategies, including but not limited to: media familiarization tours, proactive media pitching and/or influencer relations; • Digital Marketing – Utilizing paid, earned and owned social media to increase awareness of and engagement with assessed businesses; • Events – Developing and executing winery focused special events to attract customers to assessed businesses; • Trade & Industry Engagement – Ensuring representatives are provided the opportunity to attend trade shows, meetings, industry conferences, road shows, and events to promote assessed businesses; Create programs that engage key trade and industry influencers with the Livermore Valley; • Print Collateral – Preparing and producing collateral, promotional materials such as brochures, flyers and maps for assessed winery tasting rooms; • Brand Enhancement – Engage with third party brand development agency to develop brand platform and materials to assist with marketing assessed winery hospitality facilities; • Consumer Analytics – Identify and leverage consumer demographic, geographic and psychographic data to target messaging that markets Livermore Valley as a premier, unique wine destination to attract customers to assessed winery hospitality facilities; and • Signage Program – Ensure coordinated local signage for the Livermore Valley wine region. Advocacy – Community & Industry Engagement Advocacy programs will utilize dedicated time to provide unified attention, communication, and responsiveness throughout the LVWHD. The advocacy program will also include efforts to form relationships and collaborate with local government agencies, as well as community and regional organizations and entities, to provide a unified voice to represent assessed wine tasting facilities’ best interests on topics related to economic development, regulations, and planning decisions that impact LVWHD wine tasting facilities, with the goal to advance, promote and protect the Livermore Valley Wine Country. Additionally, advocacy programs will engage and demonstrate leadership in key state and national trade and industry programs and organizations. Quality Enhancement & Education Educational programs and quality enhancement initiatives will be developed for assessed wine tasting facilities designed to emphasize and enhance excellence and leadership in the industry, with the ultimate goal of increasing visitation, sales, and brand value for local wineries. Such programs are intended to bring increased exposure and prominence to Livermore Valley Wine Country as a world- class winery destination through continued education to amplify exceptional practices of the growing 61 LVWHD Management District Plan 8 March 17, 2021 of wine grapes and vinification of wine. The program shall include initiatives to enhance wine quality and secure industry recognition for Livermore Valley Wine Country as a premier winemaking and grape-growing region. Professional Development & Education Programs and training for assessed winery facilities related to winemaking, wine grape growing, sales, hospitality, direct to consumer, marketing, media interviews, business operations and best practices. Administration and Operations The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees. A certified public accountant may complete an agreed-upon procedures of the Owners’ Association’s allocation of LVWHD funds and usage in accordance with the terms and condition of the plan, at the City’s discretion. The audit may be performed by the City, or the City may hire an independent audit firm at their expense. City Collection Fee The City of Livermore shall be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration. Contingency / Reserve The budget includes a contingency line item to account for lower than anticipated assessments. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Owners’ Association. Contingency/reserve funds may be spent on District programs or administrative and renewal costs in such proportions as determined by the Owners’ Association. The reserve fund may be used for the costs of renewing the LVWHD. B. Annual Budget The total five (5) year improvement and service plan budget is projected at approximately $693,000 annually, or $3,465,000 through 2026. This amount may fluctuate as businesses open and close and winery sales change. C. California Constitutional Compliance The LVWHD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the LVWHD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the LVWHD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1. Specific Benefit 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230 62 LVWHD Management District Plan 9 March 17, 2021 Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the LVWHD. The activities described in this Plan are specifically targeted to increase sales for assessed wineries within the boundaries of the LVWHD, and are narrowly tailored. LVWHD funds will be used exclusively to provide the specific benefit of increased sales revenue directly to the assessees. Assessment funds shall not be used to feature non-assessed wineries in LVWHD programs, or to directly generate sales for non-assessed wineries. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed wineries. The assessment imposed by this LVWHD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in winery sales revenue. The specific benefit of an increase in sales revenue for assessed wineries will be provided only to wineries paying the district assessment, with marketing & brand awareness, advocacy, and quality enhancement & education efforts promoting wineries paying the LVWHD assessment. The marketing & brand awareness, advocacy, and quality enhancement & education efforts programs will be designed to increase sales revenue at each assessed winery. Because they are necessary to provide the marketing & brand awareness, advocacy, and quality enhancement & education efforts programs that specifically benefit the assessed wineries, the administration and contingency services also provide the specific benefit of increased sales revenue to the wineries. Although the LVWHD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3 2. Specific Government Service The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the LVWHD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 3. Reasonable Cost LVWHD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds 2 Cal. Const. art XIII C § 1(e)(1) 3 Government Code § 53758(a) 4 Cal. Const. art XIII C § 1(e)(2) 5 Government Code § 53758(b) 6 Government Code § 53758(b) 63 LVWHD Management District Plan 10 March 17, 2021 will be managed by the LVWA, and reports submitted on an annual basis to the City. Only assessed wineries will be featured in marketing materials, receive sales leads generated from LVWHD-funded activities, be featured in advertising campaigns, and benefit from other LVWHD-funded services. Non-assessed wineries will not receive these, nor any other, LVWHD-funded services and benefits. The LVWHD-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed wineries receive incremental sales revenue, that portion of the promotion or program generating that sales revenue shall be paid with non-LVWHD funds. LVWHD funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental sales revenue for non-assessed businesses. D. Assessment The annual assessment rate is two percent (2%) of gross direct to consumer sales revenue of assessed wineries. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. The term “gross sales revenue” as used herein means: the consideration charged by wineries, for all direct to consumer sales of wine, wine club shipments (whether shipped or picked up), ticket sales, tasting fees, tours and private and public special events, merchandise, prepared and packaged foods for on-premise or off-premise consumption (whether sold in a tasting room or a stand-alone restaurant on- premise), orders placed via telemarketing, telephone, online, email, whether carried out at the time of purchase, shipped or picked up at a later date (pre-sales). Gross sales revenue shall not include any federal, state or local taxes collected, including but not limited to sales and use taxes. The assessment is levied upon and a direct obligation of the assessed winery. However, the assessed winery may, at its discretion, pass the assessment on to customers. The amount of assessment, if passed on to each customer, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each customer shall receive a receipt for payment from the business. If the LVWHD assessment is identified separately it shall be disclosed as the “LVWHD Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed winery even if it is passed on to customers. The assessment shall not be considered revenue for any purpose, including calculation of sales taxes. Bonds shall not be issued. E. Penalties and Interest The LVWHD shall reimburse the City of Livermore (City) for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent LVWHD assessment are sought to be recovered in the same collection action by the City, the LVWHD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying: 1. Original Delinquency Any winery that fails to remit any assessment imposed by this section within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the assessment. 2. Continued Delinquency Any winery that fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second 64 LVWHD Management District Plan 11 March 17, 2021 delinquency penalty of ten percent (10%) of the assessment in addition to the assessment and the ten percent (10%) penalty first imposed. 3. Fraud If the City or third-party collection agency determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in paragraph one (1) and two (2) above of this section. 4. Interest In addition to the penalties imposed, any winery who fails to remit any assessment imposed by this section shall pay interest at the rate of one-half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid. F. Time and Manner for Collecting Assessments The LVWHD assessment will be implemented beginning July 1, 2021 and continuing for five (5) years to end on June 30, 2026. The City of Livermore or a third-party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in each jurisdiction within the LVWHD. The City or a third-party collection agency shall take all reasonable efforts to collect the assessments from each winery. The City or a third-party collection agency shall forward the assessments collected to the Owners’ Association. 65 LVWHD Management District Plan 12 March 17, 2021 V. GOVERNANCE A. Owners’ Association The City Council of the City of Livermore, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the LVWHD as defined in Streets and Highways Code §36612. The City Council has determined that Livermore Valley Winegrowers Association (LVWA) will serve as the Owners’ Association for the LVWHD. B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the LVWA board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. C. Annual Report The LVWA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include: • Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district. • The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. • The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. • The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. 66 LVWHD Management District Plan 13 March 17, 2021 APPENDIX 1 – LAW *** THIS DOCUMENT IS CURRENT THROUGH THE 2020 SUPPLEMENT *** (ALL 2019 LEGISLATION) STREETS AND HIGHWAYS CODE DIVISION 18. PARKING PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions ARTICLE 1. Declarations 36600. Citation of part This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts. (1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the 67 LVWHD Management District Plan 14 March 17, 2021 incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined. 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. ARTICLE 2. Definitions 36606. “Activities” “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment” “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. 36607. “Business” 68 LVWHD Management District Plan 15 March 17, 2021 “Business” means all types of businesses and includes financial institutions and professions. 36608. “City” “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council” “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk” “Clerk” means the clerk of the legislative body. 36609.5. “General benefit” “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5. 36610. “Improvement” “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls. (l) Rehabilitation or removal of existing structures. 36611. “Management district plan”; “Plan” “Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association” “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property” “Property” means real property situated within a district. 69 LVWHD Management District Plan 16 March 17, 2021 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part. 36614.6. “Property-based assessment” “Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district” “Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner” “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit” “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. 36616. “Tenant” “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. ARTICLE 3. Prior Law 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. CHAPTER 2. Establishment 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board 70 LVWHD Management District Plan 17 March 17, 2021 of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. Contents of management district plan The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. 71 LVWHD Management District Plan 18 March 17, 2021 (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district. (m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 72 LVWHD Management District Plan 19 March 17, 2021 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit. (8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. 73 LVWHD Management District Plan 20 March 17, 2021 36627. Notice and assessment diagram Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property- based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part. CHAPTER 3. Assessments 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties. 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. 74 LVWHD Management District Plan 21 March 17, 2021 (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. CHAPTER 3.5. Financing 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. 75 LVWHD Management District Plan 22 March 17, 2021 (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. CHAPTER 4. Governance 36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services. CHAPTER 5. Renewal 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues 76 LVWHD Management District Plan 23 March 17, 2021 shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. CHAPTER 6. Disestablishment 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. 77 LVWHD Management District Plan 24 March 17, 2021 APPENDIX 2 – ASSESSED BUSINESSES 3 Steves Winery Jackson Cellars / Mitchell Katz Arroyo Cellars Las Positas Vineyards Beck Family Vineyards Leisure Street Winery Bent Creek Winery Longevity Wines Big White House, LLC Madison Vineyards BoaVentura de Caires Winery McGrail Vineyards and Winery Bodegas Aguirre Murrietas Well Caddis Winery Nella Terra Cellars Cedar Mountain Winery Nottingham Cellars Charles R Vineyards Occasio Winery Chateau Bellevue Odiesa Wine Company Chouinard Vineyards Omega Road Winery Concannon Vineyards Page Mill Winery Crooked Vine/Stoney Ridge Pat Paulsen Vineyards Cuda Ridge Wines Retzlaff Vineyards Dante Robere Vineyards Ricigliano LLC Darcie Kent Vineyards LLC Rios-Lovell Winery Del Sole Winery, LLC Rodrigue Molyneaux Winery Del Valle Winery Rosa Fierro Cellars Eagle Ridge Vineyard Ehrenberg Cellars Steven Kent Winery Elliston Tenuta Vineyard Enoteca Five Tesla Vinters Favalora Vineyards The Lineage Collection Fenestra Winery Vintagio Wines Garre' Vineyard and Winery Wente Family Estates Westover Vineyards Iron Palm Winery Wood Family Vineyards * The list was developed with the most reliable information provided; however, the list may contain discrepancies. This list shall include any future to-be opened businesses. Any business that may have been missed in this list, but is still within the boundaries of the LVWHD, shall also be subject to assessment. 78 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.5 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Dublin Municipal Code Amendments to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036)Prepared by: Jeff Baker, Community Development Director and KristieWheeler, Assistant Community Development Director EXECUTIVE SUMMARY:The City Council will consider an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by the Novel Coronavirus (COVID-19) and public health orders of the federal, state or county government designed to slow the transmission of COVID-19. The waiver authority would be limited to those requirements and/or standards that would not result in an increase in intensity of use beyond what is otherwise allowed, as applicable. The Ordinance would remain in effect until September 30, 2022, or until orders are lifted, whichever occurs later. The first reading of the Ordinance approving the DMC Amendment was held at the October 5, 2021 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION:Waive the second reading and adopt the Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders. FINANCIAL IMPACT:The cost to administer the program would be absorbed by existing departmental budgets and permit applications fees. 79 Page 2 of 3 DESCRIPTION:To facilitate a return to business operations during the COVID-19 pandemic, Staff proposes the following amendment to DMC Chapter 8.128.8.128.070CITYMANAGER.Waiver AuthorityDuringCOVID-19 Pandemic.The City Manager shall have the authority towaive certain zoning Ordinance requirements and/or standards under Title 8 to facilitatebusiness operations affected by COVID-19 and/or public-health orders of the federal, state,or county government designed to slow the transmission of the Novel Coronavirus (COVID-19), to the extent that such waivers would not result in an increase in general intensity of usebeyond what is otherwise allowed under this Title, as applicable. An applicant must file arequest for a waiver with the City’s Planning Division.It is expected that certain businesses and community organizations will continue to be affected bysocial distancing requirements, vaccine requirements and/or consumer preferences. Currently, the Zoning Ordinance allows certain outdoor activities to occur with approval of a Temporary Use Permit with certain time limits. Similarly, temporary promotional signs are also allowed with certain time limits. To facilitate a return to business operations and address current consumer preferences, waivers from the strict application of the Zoning Ordinance to streamline the approval process may be necessary until the pandemic is over. For example, the City could allow outdoor display of merchandise or a gym to operate outdoors for a period of time longer than currently allowed under the Zoning Ordinance. If approved, Staff would utilize the streamline process that was created under the previous authority granted to the City Manager. The amendment is proposed to remain in effect through September 30, 2022, or until the expiration of any order of the federal, state or county government to slow the transmission of COVID-19, whichever occurs later.The City Council is being asked to waive the second reading and adopt the Ordinance included as Attachment 1. ENVIRONMENTAL REVIEW:The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Staff recommends that the City Council find the proposed DMC Amendment Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. 80 Page 3 of 3 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirementsand/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders 81 Attachment 1 ORDINANCE NO. __ - 21 AN ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 AND PUBLIC HEALTH ORDERS EFFECTIVE CITY-WIDE PLPA-2021-00036 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,on June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow transmission of the Novel Coronavirus (COVID-19); and WHEREAS,subsequently, the City established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land uses that facilitate business operations, but deviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use; and WHEREAS,the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021; and WHEREAS,on August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to the Zoning Ordinance to facilitate outdoor seating for eating and drinking establishments on both a long-term temporary and permanent basis to aid in economic recovery post-COVID-19; and WHEREAS, businesses and service organizations are an integral part of the Dublin community from the jobs they provide for residents to the essential services and amenities supported by the revenues they generate; and WHEREAS, although certain restrictions are beginning to ease, staff expects that certain businesses, such as retail businesses and service organizations, will continue to be affected by social distancing requirements, mask mandates, and changing consumer preferences; and WHEREAS, during this time of uncertainty and changing public-health orders of the federal, state, or county government designed to slow the transmission of COVID-19, the City is seeking methods to remain nimble to address and support the needs of the business and service community; and WHEREAS, the Zoning Ordinance allows outdoor display of merchandise for retail businesses and other similar outdoor activities by community organizations subject to approval of a Temporary Use Permit, and both are subject to certain maximum time limits; and WHEREAS, to assist businesses that are experiencing, and will continue to experience, severe negative economic impacts due to the COVID-19 pandemic, Staff is proposing the City 82 Council adopt an ordinance authorizing the City Manager to approve certain waivers from the strict application of the Zoning Ordinance to facilitate a return to business operations, to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2021, during which all interested persons were heard, and adopted Resolution No. 21-07 recommending City Council adoption of the proposed Dublin Municipal Code Amendment; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendment; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendment on October 5, 2021, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendment. NOW, THEREFORE,the City Council of the City of Dublin does hereby ordain as follows: Section 1.Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2.Municipal Code Amendment. Section 8.128.070 is hereby added to the Dublin Municipal Code to read as follows: 8.128.070 CITY MANAGER. Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 to facilitate business operations affected by COVID-19 and/or public-health orders of the federal, state, or county government designed to slow the transmission of the Novel Coronavirus (COVID-19), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. Section 3.CEQA. The City Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. Section 4.Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to 83 any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption, and shall remain in effect through September 30, 2022, or until the expiration of any order of the federal, state or county government to slow the transmission of COVID-19, whichever occurs later. Section 6.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 19th day of October, 2021. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 84 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.6 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Payment Issuance Report and Electronic Funds TransfersPrepared by:Jay Baksa, Assistant Administrative Services Director EXECUTIVE SUMMARY:The City Council will receive a listing of payments issued from September 1, 2021 – September 30, 2021 totaling $4,464,508.54. STAFF RECOMMENDATION:Receive the report. FINANCIAL IMPACT:SUMMARY OF PAYMENTS ISSUEDSeptember 1, 2021 – September 30, 2021Total Number of Payments: 243Total Amount of Payments: $4,464,508.54. DESCRIPTION:The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning September 1, 2021 through September 30, 2021. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures.The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 85 Page 2 of 2 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Payment Issuance Report for September 2021 86 Print Date: 10/05/2021 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 09/02/2021 CALPERS 700.00 FEES FOR GASB-68 REPORTS & SCHEDULES 09/02/2021 DSRSD 377,274.22 SERVICE TO 7/31/2021 09/02/2021 EMPLOYMENT DEVELOPMENT DEPT 3,855.44 UNEMPLOYMENT INSURANCE REIMB Q4 FY 20-21 Payments Issued 9/2/2021 Total: 381,829.66 09/03/2021 CAL PERS 76,436.55 PERS RETIREMENT PLAN: PE 8/27/21 09/03/2021 EMPLOYMENT DEVELOPMENT DEPT 20,688.76 CA STATE WITHHOLDING: PE 8/27/21 09/03/2021 I C M A 401 PLAN 1,158.02 DEFERRED COMP 401A: PE 8/27/21 09/03/2021 I C M A 457 PLAN 24,896.11 DEFERRED COMP 457: PE 8/27/21 09/03/2021 INTERNAL REVENUE SERVICE 62,835.01 FEDERAL WITHHOLDING: PE 8/27/21 09/03/2021 US BANK - PARS 4,798.76 PARS: PE 8/27/21 09/03/2021 WAGEWORKS, INC. 2,537.34 WAGEWORKS: PE 8/27/21 Payments Issued 9/3/2021 Total: 193,350.55 09/07/2021 ALAMEDA COUNTY ENVIRONMENTAL 3,543.00 HAZMAT FILING FEE - CIVIC CENTER 834.00 HAZMAT FILING FEE - FIRE STATION 17 834.00 HAZMAT FILING FEE - FIRE STATION 18 Check Total: 5,211.00 09/07/2021 AMADOR VALLEY INDUSTRIES LLC 25,169.73 CAMPS PARKS SOLID WASTE SERVICES JUL 202 09/07/2021 AMY'S ENGRAVED SIGNS & AWARDS 77.18 EMPLOYEE NAMEPLATE 2,748.97 EMPLOYEE NAME PLATES & SIGNS Check Total: 2,826.15 09/07/2021 APEX GRADING 1,596.00 MAINTENANCE SVCS-FALLON VILLAGE GHAD 09/07/2021 ARORA, AKSHAY 2,729.10 REC CLASS INSTRUCTOR 09/07/2021 AT&T 1,770.00 PUBLIC SAFETY COMPLEX DATA SVCS TO 9/18/ 09/07/2021 BAY ALARM COMPANY 10.00 ALARM SERVICES THE WAVE 09/07/2021 BIG O'TIRES #7 1,879.22 POLICE VEHICLE MAINT & TIRE 09/07/2021 BSK ASSOCIATES INC. 7,415.75 TESTING/INSP DON BIDDLE COMMUNITY PARK 09/07/2021 CINTAS CORP 225.81 FIRST AID KIT SUPPLIES 09/07/2021 CITIES GROUP, THE 1,627.99 WORKERS' COMP/SAFETY COMPLIANCE JUL-DEC 09/07/2021 CONTRACT SWEEPING SERVICES 20,908.34 STREET SWEEPING SERVICES AUG 2021 09/07/2021 DEPARTMENT OF JUSTICE 239.00 FINGERPRINTING SERVICES JUL 2021 09/07/2021 DEPT OF INDUSTRIAL RELATIONS 97.50 OSHA WATER SLIDE INSPECTION 341.25 OSHA WATER SLIDE INSPECTION AUG 2021 Check Total: 438.75 09/07/2021 DU-ALL SAFETY, LLC 3,384.26 SAFETY CONSULTING & INSPECTION SERVICES 09/07/2021 DUBLIN CHEVROLET 1,625.88 POLICE VEHICLE MAINT & REPAIRS 09/07/2021 DUBLIN UNIFIED SCHOOL DISTRICT 8,927.10 AFTERSCHOOL REC CUSTODIAL CHARGES MARCH 53.61 STAGER GYM SPURR USE 5/4/21-6/2/21 3,257.80 STAGER GYM UTILITIES 3/4/21-6/13/21 1,312.52 STAGER GYM WATER USE 6/1/21-7/31/21 Check Total: 13,551.03 09/07/2021 ECS IMAGING INC. 29,603.44 DOCUMENT SCANNING SERVICES 2,700.00 LASERFICHE UPGRADE Check Total: 32,303.44 Attachment I 87 Print Date: 10/05/2021 City of Dublin Page 2 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 09/07/2021 EDEN I & R INC 12,832.00 ALAMEDA COUNTY 2-1-1 SERVICES 09/07/2021 ELECTRICBABY, INC. 3,600.00 DUBLIN ONLINE FORMS ANNUAL LICENSE 09/07/2021 ENTERPRISE RENT A CAR 1,749.94 POLICE VEHICLE RENTAL-SPECIAL INVESTIGATION 09/07/2021 FASTENAL COMPANY 25.24 CAPITAL PROJECT SUPPLIES 09/07/2021 GIANCOLA, ANNE 1,000.00 UTILITY BOX ART 2021 PROGRAM 09/07/2021 GLOBAL PHILANTHROPY PRTNERSHIP 1,400.00 GREEN INFRASTRUCTURE MEMBERSHIP 09/07/2021 GOLDEN STATE FLEET SVCS INC 125.00 POLICE VEHICLE TOW 09/07/2021 HALO BRANDED SOLUTIONS 1,008.00 CRIME PREVENTION PROMOTIONAL SUPPLIES 09/07/2021 HARRIS & ASSOCIATES 1,350.00 DESIGN/CONSTR SUPPORT-2021 SLURRY SEAL 09/07/2021 HIREAUVPRO.COM 20,000.00 SPLATTER FESTIVAL ENTERAINMENT 09/07/2021 JAMMAL, LAURA 20.00 REIMBURSE FOR TRAINING COSTS 09/07/2021 JOHNSON CONTROLS SECURITY 476.76 FIRE ALARM MONITORING CIVIC CENTER 1,322.56 FIRE ALARM MONITORING LIBRARY 964.27 FIRE ALARM MONITORING PUBLIC SAFETY COMP Check Total: 2,763.59 09/07/2021 JOHNSON, JENNIFER 26.32 MILEAGE REIMBURSEMENT 09/07/2021 LANLOGIC INC. 6,935.00 IT SECURITY AWARENESS TRAINING 1,050.00 MALWARE PROTECTION SERVICES 425.00 NETWORK MONITORING SERVICES Check Total: 8,410.00 09/07/2021 LIVERMORE AUTO GROUP 495.17 POLICE VEHICLE MAINT & REPAIRS 09/07/2021 MANAGEMENT PARTNERS INC. 840.00 EXECUTIVE TEAM COACHING 09/07/2021 MELTWATER NEWS US INC. 4,999.00 MEDIA MONITORING SERVICE FY 21-22 09/07/2021 MINUTEMAN PRESS 1,122.50 SPLATTER FESTIVAL BANNER 09/07/2021 MNS ENGINEERS, INC. 77.50 CONSTR MGMT/INSP-EV CHARGING STATIONS 310.00 CONSTR MGMT/INSP-SLIDE TOWER ANCHOR INST 5,781.32 DON BIDDLE COMMUNITY PARK INSPECTIONS 542.50 INSPECTIONS/CONSTR MGMT SR RD TRAIL LIGH 13,562.10 PW INSPECTIONS FOR IMAGINE PLAYGROUND Check Total: 20,273.42 09/07/2021 NATIONAL AQUATIC SAFETY CO LLC 1,902.53 NASCO LIFEGUARD AUDIT / TRAINING JUL 202 1,902.53 NASCO LIFEGUARD AUDIT/ TRAINING AUG 2021 Check Total: 3,805.06 09/07/2021 PAKPOUR CONSULTING GROUP, INC. 10,830.00 CONSTRUCTION MGMT-DON BIDDLE COMM PARK 09/07/2021 PARKWAY BODY SHOP 1,145.57 POLICE VEHICLE REPAIRS 09/07/2021 PG&E 7,952.51 SERVICE TO 08/05/2021 82.14 SERVICE TO 08/11/2021 1,692.92 SERVICE TO 08/12/2021 1,492.76 SERVICE TO 08/13/2021 3,273.19 SERVICE TO 08/16/2021 65.50 SERVICE TO 08/17/2021 Check Total: 14,559.02 09/07/2021 PRO CYCLES 4,759.78 POLICE MOTORCYCLE MAINTENANCE 09/07/2021 QUETEL CORPORATION 4,500.00 SOFTWARE UPGRADE 09/07/2021 RAUSEO, ERIC MICHAEL 1,000.00 UTILITY BOX ART 2021 PROGRAM 09/07/2021 S & S WORLDWIDE INC 945.78 PCS PROGRAM SUPPLIES Attachment I 88 Print Date: 10/05/2021 City of Dublin Page 3 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 09/07/2021 SAN FRANCISCO ELEVATOR SVC INC 884.00 ELEVATOR MAINTENANCE INSPECTIONS 359.71 ELEVATOR MAINTENANCE INSPECTIONS JUN 202 Check Total: 1,243.71 09/07/2021 SEED COLLABORATIVE, LLC 3,585.32 COMMUNITY TASK FORCE FACILITATION 09/07/2021 SELECT IMAGING 30.57 CREEK CLEANUP POSTERS 09/07/2021 SIMPLER SYSTEMS, INC 1,500.00 SIMPLER SOFTWARE LICENSING SUPPORT SEPT 09/07/2021 SPECIAL EVENTS 1,255.10 FARMERS' MARKET CONCERT EQUIPMENT RENTAL 09/07/2021 THE GREAT RICHY BEE 135.00 SPLATTER FESTIVAL ENTERTAINMENT 09/07/2021 TRC ENGINEERS, INC 27,131.19 SLURRY SEAL CONSTR MGMT/INSPECTION 09/07/2021 TREASURER ALAMEDA COUNTY 103,972.04 RETURN OF ASSET SEIZURE FUNDS 09/07/2021 TRI-VALLEY JANITORIAL INC. 22,602.75 JANITORIAL SERVICES AUG 2021 30,228.39 JANITORIAL SERVICES-CAMP PARKS AUG 2021 Check Total: 52,831.14 09/07/2021 TYLER TECHNOLOGIES, INC. 10,500.00 TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 09/07/2021 URBAN SUSTAINABILITY 1,500.00 URBAN SUSTAINABILITY MEMBERSHIP 09/07/2021 VALLEYCARE OCCUPATIONAL HEALTH 518.99 EMPLOYEE MEDICAL SERVICES 09/07/2021 WAGEWORKS, INC. 506.75 FLEXIBLE SPENDING ACCOUNT FEES AUG 2021 09/07/2021 WESTPAC ARCHITECURAL GLASS INC 1,872.00 OFFICE EQUIPMENT Payments Issued 9/7/2021 Total: 453,078.65 09/08/2021 U.S. BANK CORPORATE PMT SYSTEM 29.99 ADOBE STOCK IMAGES 1,155.00 BLDG OFFICIALS TRAINING 165.33 CITY FACILITY PHOTOS 148.28 COMPUTER ACCESSORIES 15.90 CREDIT CARD REIMBURSMENT 251.00 EMAIL LIST SUBSCRIPTION 1,592.10 EMPLOYMENT AD POSTINGS 518.65 ERP TRAINING LUNCHES 97.12 FINANCE ERP TRAINING LUNCH 585.60 LIGHTING FOR PUBLIC ART 12.00 MONTHLY DIGITAL NEWS SUBSCRIPTION 2.99 MONTHLY ICLOUD STORAGE SUBSCRIPTION 2,076.05 NATIONAL NIGHT OUT SUPPLIES 3,120.78 NAT'L LEAGUE OF CITIES CONFERENCE 2,318.87 OFFICE SUPPLIES 1,863.73 OFFICE SUPPLIES & ICMA CONFERENCE 237.22 POLICE EQUIPMENT 2,316.56 POLICE SUPPLIES 1,859.35 POLICE SUPPLIES & TRAINING 1,264.00 POSTAGE FOR CAPITAL PROJECT MAILING 3,115.29 RECREATION SUPPLIES 119.87 SENIOR CENTER SUPPLIES 221.36 SHANNON & SENIOR CENTER SUPPLIES 226.57 PCS SUMMER CAMP SUPPLIES Attachment I 89 Print Date: 10/05/2021 City of Dublin Page 4 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 1,162.70 SHANNON CENTER RENTAL SUPPLIES 1,999.96 THE WAVE TIMING EQUIPMENT 1,970.99 THE WAVE SUPPLIES 303.99 TRANSPORTATION ENGINEERS MEETING 408.54 UTILITY BOX ART SUPPLIES Check Total: 29,159.79 Payments Issued 9/8/2021 Total: 29,159.79 09/09/2021 CAL PERS HEALTH PREMIUM 134,126.56 HEALTH INSURANCE PREMIUM - SEPTEMBER 202 Payments Issued 9/9/2021 Total: 134,126.56 09/13/2021 ADVANCED INTEGRATED PEST 5,060.00 PEST CONTROL SERVICES AUG 2021 09/13/2021 ALPHA OUMAR SIDIBE 500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 AT&T - CALNET 3 300.18 SERVICE TO 08/26/2021 138.00 SERVICE TO 08/27/2021 Check Total: 438.18 09/13/2021 BAY AREA WELDING & MAINTENANCE 36,952.81 THE WAVE SLIDE EQUIPMENT 09/13/2021 BAY ISLAND OFFICIAL ASSOC 2,070.80 SPORTS OFFICIATING 09/13/2021 BRINKS, INC. 208.64 ARMORED CAR SERVICE SEPT 2021 09/13/2021 BUBBLEMANIA AND COMPANY LLC 690.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 CHANDLER ASSET MANAGEMENT 13,137.36 INVESTMENT CONSULTING SERVICES AUG 2021 09/13/2021 CROCKER, ELIZABETH 192.00 SHANNON CENTER PRESCHOOL SUPPLIES 09/13/2021 DANTE MANCINI 600.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 DARING ARTS MOVEMENT 1,000.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 DENALECT ALARM COMPANY 336.00 QUARTERLY FIRE ALARM SERVICE 09/13/2021 DEPT OF RESOURCES RECYCLING 6,365.00 REFUND FUNDS FOR RECYCLING PROGRAM 09/13/2021 DMH ENTERPRISES 7,500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 EVERYTHING GROWS INTERIOR 198.55 PLANT SERVICE SEPT 2021 09/13/2021 FARAHMAND, AMIR 235.03 MILEAGE REIMBURSEMENT JUL 2021 09/13/2021 HAIDER, AGHA S. 75.77 MILEAGE REIMBURSEMENT JUL 2021 09/13/2021 HIREAUVPRO.COM 20,000.00 SPLATTER FESTIVAL DRONE SHOW 09/13/2021 JOEY ROSE STUDIO 13,000.00 BUTTERFLY KNOLL PARK PUBLIC ART 09/13/2021 JOHNSON CONTROLS SECURITY 200.48 FIRE ALARM MONITORING CIVIC CENTER 1,101.14 FIRE ALARM MONITORING LIBRARY Check Total: 1,301.62 09/13/2021 JOHNSON, JENNIFER 16.91 MILEAGE REIMBURSEMENT JUL 2021 09/13/2021 KITTELSON & ASSOCIATES, INC. 6,856.25 CITYWIDE BIKE/PED MASTER PLAN UPDATE 10,635.00 SB 743 VMT IMPLEMENTATION & MODEL Check Total: 17,491.25 09/13/2021 KUNG FU DRAGON USA 1,500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 LUM, MARVIN 9.69 MILEAGE REIMBURSEMENT JUL 2021 09/13/2021 MCE CORPORATION 9,497.42 LANDSCAPE MAINTENANCE DSRSD AUG 2021 602,806.30 MAINTENANCE SERVICES JUL 2021 Check Total: 612,303.72 09/13/2021 MEIDINGER, STANLEY 850.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 METROPOLITAN TRANSP COMMISSION, MTC 14,338.00 METRO TRANSP COMMISSION LOCAL MATCH Attachment I 90 Print Date: 10/05/2021 City of Dublin Page 5 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 09/13/2021 NORTHERN LIGHTS 4,999.00 SPLATTER FESTIVAL STAGE & LIGHTING RENTAL 09/13/2021 OLIVAS, DANIEL 80.08 MILEAGE REIMBURSEMENT JUL 2021 09/13/2021 ONE WORKPLACE L. FERRARI LLC 3,350.43 OFFICE FURNITURE 09/13/2021 PETTY THEFT ENTERTAINMENT 5,000.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 PG&E 1,886.84 SERVICE TO 08/12/2021 26,434.52 SERVICE TO 08/17/2021 52.05 SERVICE TO 08/31/2021 Check Total: 28,373.41 09/13/2021 PHILLIPS, TYLER 27.72 MILEAGE REIMBURSEMENT AUG 2021 09/13/2021 SAN FRANCISCO ELEVATOR SVC INC 359.71 ELEVATOR MAINTENANCE/INSPECTION SEP 2021 09/13/2021 SELECT IMAGING 3,969.15 BUS. LICENSE RENEWAL PRINTING & MAILING 09/13/2021 SIEGAN, JAY S. 7,000.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 TRI-VALLEY COMMUNITY TV 590.93 RECORD/TELEVISE CITY COUNCIL/PLNG COMM 09/13/2021 TRI-VALLEY JANITORIAL INC. 2,666.00 EXTRA JANITORIAL SERVICES AUG 2021 4,138.29 JANITORIAL SUPPLIES AUG 2021 Check Total: 6,804.29 09/13/2021 U.S. BANK 1,600.00 CFD 2015-1 (2017) TRUSTEE FEES FY21-22 09/13/2021 UNITED SITE SERVICES OF CA INC 665.57 BLDG INSP TRAILER SEPTIC TANK SERVICES 09/13/2021 WAXIE SANITARY SUPPLY 832.58 THE WAVE FACILITY EQUIPMENT 09/13/2021 XIAOPEI CHINESE DANCE 250.00 SPLATTER FESTIVAL ENTERTAINMENT 09/13/2021 YU, GILBERT 114.41 MILEAGE REIMBURSEMENT JUL 2021 Payments Issued 9/13/2021 Total: 820,388.61 09/14/2021 MARRIOTT, LAUREN 400.00 SPLATTER FESTIVAL CHANGE FUND Payments Issued 9/14/2021 Total: 400.00 09/17/2021 CAL PERS 79,198.44 PERS RETIREMENT PLAN: PE 9/10/21 09/17/2021 EMPLOYMENT DEVELOPMENT DEPT 20,924.33 CA STATE WITHHOLDING: PE 9/10/21 09/17/2021 I C M A 401 PLAN 1,158.02 DEFERRED COMP 401A: PE 9/10/21 09/17/2021 I C M A 457 PLAN 26,060.43 DEFERRED COMP 457: PE 9/10/21 09/17/2021 INTERNAL REVENUE SERVICE 63,442.85 FEDERAL WITHHOLDING: PE 9/10/21 09/17/2021 US BANK - PARS 3,455.49 PARS: PE 9/10/21 09/17/2021 WAGEWORKS, INC. 2,502.34 WAGEWORKS: PE 9/10/21 Payments Issued 9/17/2021 Total: 196,741.90 09/20/2021 ALAMEDA CO SHERIFF'S OFFICE 3.31 POICE MOTORCYCLE HELMET DECALS 66.10 POLICE CARDS 74.44 POLICE LEAVE CARDS & OT CARDS Check Total: 143.85 09/20/2021 ALAMEDA COUNTY LAFCO 4,852.00 LAFCO APPORTIONMENT FOR FY21-22 09/20/2021 ALL CITY MANAGEMENT SVCS INC 808.32 CROSSING GUARD SERVICES-7/11/21 TO 7/24/21 09/20/2021 AMADOR VALLEY INDUSTRIES LLC 31,458.93 CAMPS PARKS SOLID WASTE SERVICES AUG 2021 09/20/2021 AMOBIUS GROUP INC. 712.50 VERIBOOK ONLINE SCHEDULING SERVICES 09/20/2021 AMY'S ENGRAVED SIGNS & AWARDS 44.10 COUNCIL CHAMBERS NAMEPLATES 09/20/2021 ARORA, AKSHAY 4,944.60 REC CLASS INSTRUCTOR Attachment I 91 Print Date: 10/05/2021 City of Dublin Page 6 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 09/20/2021 ARROW SIGN COMPANY 3,600.00 PAUL MCCREARY SPORTS POOL SIGN 09/20/2021 ASSOCIATED RIGHT OF WAY SVCS 13,500.00 RIGHT OF WAY APPRAISAL SERVICES 09/20/2021 BAY AREA NEWS GROUP 388.64 LEGAL NOTICES JUL 2021 09/20/2021 BIG O'TIRES #7 543.05 POLICE VEHICLE MAINT & TIRE 09/20/2021 BKF ENGINEERS 45,094.50 TASSAJARA RD GAP CLOSURE PROJECT 09/20/2021 BSK ASSOCIATES INC. 1,501.75 TESTING/INSP DON BIDDLE COMMUNITY PARK 1,495.25 TESTING/INSP OF SLIDE TOWER Check Total: 2,997.00 09/20/2021 CALEHS 675.00 GENERATOR INSPECTION CIVIC CENTER 09/20/2021 CAPIO 275.00 MEMBERSHIP 09/20/2021 CARAHSOFT 31,274.63 DOCUSIGN ENVELOPES & PREMIER SUPPORT 09/20/2021 CARBONIC SERVICE 479.00 POOL CHEMICALS FOR THE WAVE 09/20/2021 CASTRO VALLEY PERFORMING ARTS 588.00 REC CLASS INSTRUCTOR 09/20/2021 CHRISP COMPANY 17,503.04 ON-CALL STRIPING & MARKING SERVICES 09/20/2021 COGENT COMMUNICATIONS, INC 11,259.93 CIVIC CENTER INTERNET SERVICE MAY-SEP 20 09/20/2021 COMCAST 2,300.00 CIVIC CENTER & FIRE STATION INTERNET 09/20/2021 CONTRA COSTA CO.-PUBLIC WORKS 64,931.34 DESIGN/ ENVIRO SVCS-TASSAJARA RD REALIGN 09/20/2021 CROSSROADS SOFTWARE, INC. 66,800.00 POLICE TRAFFIC CITATION SOFTWARE 09/20/2021 DEPARTMENT OF JUSTICE 192.00 FINGERPRINTING SERVICES AUG 2021 09/20/2021 DUTCHOVER & ASSOCIATES 460.00 LANDSCAPE PLAN CHECK & INSPECTIONS JUL 21 09/20/2021 ECS IMAGING INC. 13,980.00 LASERFICHE LICENSES AND SERVICES 09/20/2021 ELS ARCHITECTURE & URBAN DESGN 20,545.00 SCS PROPERTY COMMUNITY OUTREACH 09/20/2021 FEDEX 16.88 EXPRESS SHIPPING 09/20/2021 GLADWELL GOVERNMENTAL SVCS INC 960.00 RECORDS MANAGEMENT ASSISTANCE 09/20/2021 GRAYBAR ELECTRIC COMPANY, INC. 4.44 TRAFFIC EQUIPMENT 213.93 NETWORK CABLING FOR COUNCIL CHAMBER 251.83 NETWORK CABLING FOR COUNCIL CHAMBER Check Total: 470.20 09/20/2021 HF&H CONSULTANTS, LLC 3,377.50 SOLID WASTE FRANCHISE AGREEMENT AMENDMENT 09/20/2021 INTEGRATED SOLUTIONS 37,798.15 DISASTER DEBRIS MANAGEMENT PLAN 09/20/2021 KIMLEY-HORN AND ASSOC. INC. 10,340.80 PREPARE CEQA DOCS FOR EAST RANCH PROJECT 09/20/2021 LANGUAGE LINE SERVICES 109.53 LANGUAGE LINE SERVICES AUGUST 2021 09/20/2021 LIVERMORE AUTO GROUP 5,866.79 POLICE VEHICLE MAINT & REPAIRS 09/20/2021 LIVERMORE HARLEY DAVIDSON 1,140.19 POLICE MOTORCYCLE MAINTENANCE 09/20/2021 LSA ASSOCIATES INC. 5,863.75 PLANNING SVCS 09/20/2021 LYNX TECHNOLOGIES, INC. 375.00 GIS CONSULTING SERVICES FY21-22 09/20/2021 MANAGEMENT PARTNERS INC. 427.50 EXECUTIVE COACHING SERVICES AUG 2021 09/20/2021 MARK THOMAS & COMPANY, INC. 5,720.14 IRON HORSE TRAIL CROSSING DESIGN SVCS 09/20/2021 METRO MOBILE COMMUNICATIONS 13,452.39 POLICE MOTORCYLCE EMERGENCY EQUIPMENT 09/20/2021 MEYERS NAVE 35,132.72 LEGAL SERVICES AUG 2021 09/20/2021 M-GROUP 3,798.75 PLANNING SVCS 09/20/2021 MNS ENGINEERS, INC. 6,393.50 CONSULTING SERVICES IRON HORSE TRAIL BRIDGE 09/20/2021 NATIONAL LEAGUE OF CITIES 4,002.00 NATIONAL LEAGUE OF CITIES DUES FY21-22 09/20/2021 PAKPOUR CONSULTING GROUP, INC. 10,355.00 CONSTRUCTION MGMT-DON BIDDLE COMM PARK 09/20/2021 PARKWAY BODY SHOP 2,784.65 POLICE VEHICLE REPAIRS - 19D20 09/20/2021 PG&E 435.64 SERVICE TO 08/12/2021 27,100.38 SERVICE TO 08/16/2021 Attachment I 92 Print Date: 10/05/2021 City of Dublin Page 7 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 537.91 SERVICE TO 08/25/2021 121.89 SERVICE TO 08/26/2021 141.14 SERVICE TO 08/29/2021 4,197.62 SERVICE TO 08/30/2021 2,920.74 SERVICE TO 08/31/2021 2,004.79 SERVICE TO 09/01/2021 127.84 SERVICE TO 09/02/2021 Check Total: 37,587.95 09/20/2021 PRO CYCLES 453.72 POLICE MOTORCYCLE MAINTENANCE 09/20/2021 QUADIENT LEASING USA, INC. 1,073.36 NEOPOST MAIL MACHINE LEASE JUL-OCT 2021 09/20/2021 RAYNE OF SAN JOSE 172.90 WATER SOFTENER SERVICE-FIRE STATION 16 145.35 WATER SOFTENER SERVICE-FIRE STATION 18 Check Total: 318.25 09/20/2021 REDWOOD TOXICOLOGY LAB. INC. 261.00 FORENSIC DRUG AND ALCOHOL EXAMS 09/20/2021 RRM DESIGN GROUP, A CA CORP 2,097.50 LANDSCAPE PLAN CHECK & INSPECTIONS 09/20/2021 SAM THATTE VISUAL COMMUNICATIO 11,100.00 STATE OF THE CITY PRESENTATION SERVICES 09/20/2021 SDI PRESENCE, LLC. 7,656.25 ENTERPRISE RSRCE PLNG SELECTION ASSIST 09/20/2021 SEED COLLABORATIVE, LLC 8,431.25 COMMUNITY TASK FORCE FACILITATION 09/20/2021 SHAMROCK OFFICE SOLUTIONS, LLC 4,204.18 COPIER CHARGES 09/20/2021 SNG & ASSOCIATES INC. 790.00 ON-CALL PLAN REVIEW SERVICES-CIP/PARKS 09/20/2021 STANFORD HEALTH -VALLEYCARE 70.00 EMPLOYEE MEDICAL SERVICES - PPD SKIN 09/20/2021 SUAREZ & MUNOZ CONSTRUCTION 731,813.02 FALLON SPORTS PARKK-PH 3 CONSTRUCTION 09/20/2021 SUAREZ & MUNOZ CONSTRUCTION 589,682.14 FALLON SPORTS PARKK-PH 3 CONSTRUCTION Vendor Total: 1,321,495.16 09/20/2021 TREASURER ALAMEDA COUNTY 5,224.44 RETURN OF ASSET SEIZURE FUNDS 09/20/2021 TYLER TECHNOLOGIES, INC. 8,093.85 TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 09/20/2021 U.S. BANK CORPORATE PMT SYSTEM 22.97 DUBLINEATS PROMOTIONAL ADS 196.08 PCS ACTIVITY GUIDE & SPLATTER POSTCARDS 250.00 CITY CLERKS ASSN MEMBERSHIP-MOORE 200.00 CITY CLERKS ASSN MEMBERSHIP-DIAZ 2,569.90 COMPUTER EQUIPMENT -88.77 CREDIT FOR ICMA REGISTRATION OVERCHARGE 1,920.29 CREEK CLEAN-UP EVENT SUPPLIES 42.99 DUBLINSTPATS.COM DOMAIN REGISTRATION 207.08 ERP TRAINING AND RETIREMENT CAKE 416.11 ERP TRAINING LUNCHES 60.63 FACILITY PHOTOS 944.70 PCS FAMILY CAMPOUT SUPPLIES 172.61 FLEET VEHICLE PARTS & MAINTENANCE 1,341.96 FRED PRYOR TRAINING REG, ICMA CONF REG-F 851.48 JOB AD POSTINGS & HR MEMBERSHIP 27.26 LABOR LAW POSTERS 1,795.00 LEARNING RESOURCES CONFERNCE Attachment I 93 Print Date: 10/05/2021 City of Dublin Page 8 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 65.13 MEETING EXPENSE 12.00 MONTHLY DIGITAL NEWS SUBSCRIPTION 694.84 OFFICE SUPPLIES 2,354.40 POLICE EQUIPMENT 134.91 POLICE EVIDENCE SUPPLIES 1,583.62 POLICE SUPPLIES 4,444.95 POLICE VEHICLE PAINT & MAINTENANCE 1,357.45 PRESCHOOL AND RECREATION SUPPLIES 703.98 RECREATION SUPPLIES 28.45 SENIOR CENTER SUPPLIES 211.67 SHANNON CENTER RENTAL SUPPLIES 1,429.61 STATE OF THE CITY REG & TEAM DUBLIN SUPPLIES 30.00 STATE OF THE TRI-VALLEY REG 1,306.09 THE WAVE SUPPLIES 23.40 UNDERGROUND STORAGE TANK MAINT FEES 472.77 UTILITY BOX ART SUPPLIES Check Total: 25,783.56 09/20/2021 UNIVAR USA INC 4,056.51 POOL CHEMICALS FOR THE WAVE 09/20/2021 URBAN FIELD STUDIO 27,509.25 DOWNTOWN ARCHITECTURAL DESIGN SERVICES 09/20/2021 VERIZON WIRELESS 1,748.46 POLICE SITCAM SIM CARDS TO 9/3/21 09/20/2021 WESTEK SYSTEMS INC. 6,456.77 GATE CARD READER INSTALLATION AT THE WAVE 09/20/2021 ZOOMGRANTS 4,500.00 ZOOMGRANTS ANNUAL SUBSCRIPTION Payments Issued 9/20/2021 Total: 1,967,647.33 09/24/2021 DELTA DENTAL OF CALIFORNIA 11,559.89 DELTA DENTAL PREMIUM - SEPTEMBER 2021 09/24/2021 UNUM LIFE INS CO OF AMERICA 9,116.34 LIFE AND AD&D PREMIUM - SEPTEMBER 2021 09/24/2021 VISION SERVICE PLAN - (CA) 1,797.58 VISION INSURANCE PREMIUM - SEPTEMBER 2021 Payments Issued 9/24/2021 Total: 22,473.81 09/27/2021 ALAMEDA COUNTY FLOOD CONTROL 8,537.00 LIVING ARROYOS PROGRAM COST SHARE 09/27/2021 ARORA, AKSHAY 4,074.00 REC CLASS INSTRUCTOR 09/27/2021 AT&T - CALNET 3 131.44 SERVICE TO 09/01/2021 50.53 SERVICE TO 09/06/2021 1,227.97 SERVICE TO 09/12/2021 570.50 SERVICE TO 09/14/2021 Check Total: 1,980.44 09/27/2021 BAY ALARM COMPANY 264.00 ALARM SERVICES CIVIC CENTER 600.00 ALARM SERVICES CORP YARD 138.00 ALARM SERVICES FIRE STATION 16 237.75 ALARM SERVICES FIRE STATION 17 1,910.13 ALARM SERVICES HERITAGE PARK 369.30 ALARM SERVICES SENIOR CENTER 541.86 ALARM SERVICES SHANNON CENTER Attachment I 94 Print Date: 10/05/2021 City of Dublin Page 9 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 1,972.00 ALARM SERVICES THE WAVE Check Total: 6,033.04 09/27/2021 BFS LANDSCAPE ARCHITECTURE 5,131.92 FALLON SPORTS PARK DESIGN SVCS - PHASE 3 09/27/2021 BSK ASSOCIATES INC. 7,454.25 2021 SLURRY SEAL CONSTRUCTION TESTING - 2,321.25 TESTING/INSP FALLON SPORTS PARK PH3 3,650.75 TESTING/INSP HERITAGE PARK CEMETARY IMPR Check Total: 13,426.25 09/27/2021 CALIFORNIA SPIRIT ELITE, INC. 1,996.40 REC CLASS INSTRUCTOR 09/27/2021 CALLANDER ASSOCIATES INC. 11,196.44 WALLIS RANCH PARK DESIGN SERVICES 09/27/2021 CASTRO VALLEY PERFORMING ARTS 58.80 REC CLASS INSTRUCTOR 09/27/2021 CONTRACT SWEEPING SERVICES 20,908.34 STREET SWEEPING SERVICES SEPT 2021 09/27/2021 CRANFORD, ROBIN 1,320.00 REC CLASS INSTRUCTOR 09/27/2021 FARAHMAND, AMIR 404.38 MILEAGE REIMBURSEMENT AUGUST 2021 09/27/2021 GATES & ASSOCIATES, INC., DAVID L. 2,281.56 ENGINEERING SERVICES-IMAGINE PLAYGROUND 09/27/2021 GHD, INC. 1,026.00 SPEED LIMIT ENGINEERING/TRAFFIC SURVEYS 09/27/2021 HAIDER, AGHA S. 158.59 MILEAGE REIMBURSEMENT AUGUST 2021 09/27/2021 HERC RENTALS INC. 6,158.74 SPLATTER VEHICLE RENTAL 09/27/2021 INCREDIFLIX, INC 1,128.00 REC CLASS INSTRUCTOR 09/27/2021 JAVORSKY, KYLE 213.36 MILEAGE REIMBURSEMENT AUGUST 2021 09/27/2021 KIMLEY-HORN AND ASSOC. INC. 3,841.44 HOUSING ELEMENT UPDATE CONSULTING 7,103.38 PREPARE CEQA DOCS FOR EAST RANCH PROJECT 4,543.89 PREPARE CEQA DOCS-FALLON EAST GEN PLAN Check Total: 15,488.71 09/27/2021 LSA ASSOCIATES INC. 11,285.00 PLANNING SVCS 09/27/2021 LUM, MARVIN 13.16 MILEAGE REIMBURSEMENT AUGUST 2021 09/27/2021 MEYERS NAVE 1,818.00 LEGAL SERVICES-SCHAEFER RANCH GHAD 09/27/2021 MNS ENGINEERS, INC. 4,983.16 FALLON SPORTS PARK PH3 PW INSPECTIONS 09/27/2021 NICHOLS CONSULTING ENGINEERS 1,507.50 ENGINEERING SERVICES - AUG 2021 09/27/2021 OLIVAS, DANIEL 61.60 MILEAGE REIMBURSEMENT AUGUST 2021 09/27/2021 PAKPOUR CONSULTING GROUP, INC. 28,930.00 CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 09/27/2021 PARRA, BRANDON 24.92 MILEAGE REIMBURSEMENT AUGUST 2021 09/27/2021 PETIT, CHRISTINE 1,257.60 REC CLASS INSTRUCTOR 09/27/2021 PGADESIGN INC. 7,157.50 HERITAGE PARK IMPROVEMENTS DESIGN SVCS 09/27/2021 PINNACLE PROMOTIONS 557.34 SPLATTER T-SHIRTS 09/27/2021 PLEASANTON EMERGENCY MED GROUP 170.19 STAFF EMERGENCY CARE CLAIMS EXPENSE 09/27/2021 PRUDENTIAL OVERALL SUPPLY 86.12 SENIOR CENTER SUPPLIES 09/27/2021 RAYNE OF SAN JOSE 194.00 WATER SOFTENER SERVICE-FIRE STATION 17 09/27/2021 REGIONAL GOVERNMENT SERVICES 376.10 HR RECRUITMENT SERVICES 09/27/2021 S & J ADVERTISING INC 420.00 SPLATTER ADVERTISING 09/27/2021 S & S WORLDWIDE INC 687.49 AFTER SCHOOL PROGRAM SUPPLIES 09/27/2021 SAN JOSE ICE COMPANY 1,232.88 SPLATTER ICE SUPPLIES & EQUIPMENT RENTAL 09/27/2021 SPECIAL EVENTS 16,203.19 SPLATTER TENTING RENTAL 09/27/2021 SURF TO SNOW ENVIRONMENTAL 1,057.00 SPILL RESPONSE ASSISTANCE & MRP INSPECTIONS 09/27/2021 SWINERTON MANAGEMENT 16,341.00 PLAN/CONSTR REVIEW CULTURAL ARTS CENTER 31,630.00 PROJ MGMT/INSP & CLOSEOUT HVAC/ROOF PROJ Check Total: 47,971.00 09/27/2021 TREASURER ALAMEDA COUNTY 16,871.11 FUEL AUG 2021 Attachment I 95 Print Date: 10/05/2021 City of Dublin Page 10 of 10 Payment Issuance Report Payments Dated 9/1/2021 through 9/30/2021 Date Issued Payee Amount Description 09/27/2021 TYLER TECHNOLOGIES, INC. 700.00 TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 09/27/2021 UNITED SITE SERVICES OF CA INC 665.57 BLDG INSP TRAILER SEPTIC TANK SERVICES 09/27/2021 VISION COMMUNICATIONS CO 425.00 SPLATTER RADIOS EQUIPMENT RENTAL 09/27/2021 WANZENRIED, NICOLE 41.05 MILEAGE REIMBURSEMENT AUGUST 2021 30.80 MILEAGE REIMBURSEMENT JULY 2021 Check Total: 71.85 09/27/2021 WORLD CUP SOCCER CAMPS&CLINICS 789.60 REC CLASS INSTRUCTOR 09/27/2021 YAMAHA GOLF CARTS OF CALIF INC 3,102.99 SPLATTER GOLF CARTS RENTAL 09/27/2021 YU, GILBERT 192.58 MILEAGE REIMBURSEMENT AUGUST 2021 Payments Issued 9/27/2021 Total: 250,334.42 09/30/2021 DSRSD 14,977.26 SERVICE TO 8/31/2021 Payments Issued 9/30/2021 Total: 14,977.26 Grand Total for Payments Dated 9/1/2021 through 9/30/2021: 4,464,508.54 Total Number of Payments Issued: 243 Attachment I 96 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.7 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:First Amendment to Granicus, LLC Service AgreementPrepared by:Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY:The City Council will consider amending the Granicus Service Agreement to add one-time fees for Closed Captioning Services and new subscription fees for Recurring Captioning Services and approve future amendments to the Granicus Service Agreement in excess of $45,000 as long as the City continues to utilize Granicus, LLC. STAFF RECOMMENDATION:Adopt the Resolution Approving the First Amendment to the Granicus, LLC Service Agreement and Approving Future Services Provided by Granicus, LLC. FINANCIAL IMPACT:The one-time fees for closed captioning services of archived 2020 and 2021 City Council and Planning Commission meetings is $20,010 and the recurring captioning services prorated at 40 hours for the rest of this Fiscal Year is $5,740. The one-time fees and Fiscal Year 2021-22 recurring service will be covered by the Information Technology Fund budget and reflected in a budget change as part of the mid-year financial review. Future yearly recurring captioning services for 48 hours will be $6,888 and will be incorporated into future budget adoption processes. DESCRIPTION: In August 2020, the City entered into an agreement with Granicus, LLC to upgrade the agenda management system and live and archived streaming and recording of the City Council and Planning Commission meetings. City Council meetings are currently streamed via the TV30 website and the City’s website. Inaddition, recordings of the City Council and Planning Commission meetings are published to the City’s website after the meeting. To improve accessibility to the videos, Staff is recommending 97 Page 2 of 2 adding closed captioning to the live-streamed City Council meetings, recorded Planning Commission meetings, and the 2020 and 2021 archived City Council and Planning Commission meetings. Granicus provides closed captioning with 98% accuracy of readability and it allows the public to search agenda materials by spoken word. Closed captioning is an important piece providing transparency and accessibility to the City’s meetings and enhances the online interaction for the public.City Council videosAt this time, TV30 has added closed captioning to their television broadcast, and they are in the process of implementing closed captioning on their web stream. The City will test an option to push the live stream from TV30 to the live stream on the City’s website. Until this option is available and tested, Staff recommends using Granicus for live real-time closed captioning through the City’s website. Planning Commission videosPlanning Commission meetings are recorded by TV30, then archived in Granicus and posted to the City’s website. Staff is recommending using Granicus and adding an annual subscription fee for recurring captioning. Archived City Council and Planning Commission videosStaff is recommending providing closed captioning on the 2020 and 2021 archived City Council and Planning Commission meetings. This will be a one-time fee to Granicus. STRATEGIC PLAN INITIATIVE:Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business EngagementObjective C: Enhance citizen online interaction via reporting of issues and transparent data. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the First Amendment to the Granicus, LLC Service Agreement and Approving Future Services Provided by Granicus, LLC2) Exhibit A to the Resolution - First Amendment to the Granicus Service Agreement between Granicus, LLC and Dublin, CA3) Granicus Service Agreement between Granicus, LLC and Dublin 98 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE GRANICUS, LLC SERVICE AGREEMENT AND APPROVING FUTURE SERVICES PROVIDED BY GRANICUS, LLC WHEREAS,the City utlizes Peak Agenda Management, LiveManager, and MediaManager provided by Granicus, LLC to assist in the agenda process and streaming and recording of certain City Council and commission and committee meetings; and WHEREAS,Granicus has the ability to provide closed captioning services typed by a live person in real time for streaming and archived meetings; and WHEREAS,Sections 2.36.050(A) and (B) of the Dublin Municipal Code allow for exceptions to the typical public bidding process when a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, provided that the city Council shall award purchases in excess of $45,000; and WHEREAS,Granicus is the City’s current vendor for internet streaming and archiving of City Council meetings and archiving of Planning Commission meetings for public viewing on the City’s website; and WHEREAS,the City is interested in providing closed captioning on archived videos of City Council and Planning Commission meetings for 2020 and 2021 and moving forward; and WHEREAS,the cost of closed captioning, when added to the annual subscription fee paid to Granicus for Fiscal Year 2021-22 puts the total amount paid to Granicus over $45,000 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin herby approves the First Amendment to the Granicus, LLC Service Agreement and authorizes the City Manager, as Purchasing Agent, to add closed captioning to the live streamed and archived meetings of the City Council and Planning Commission as described to the City Council on October 19, 2021 and attached hereto as Exhibit A;and future additions to Granicus in excess of $45,000, subject to available budget appropriated and as long as the City continues to utilize Granicus. PASSED, APPROVED AND ADOPTED this 19th day of October 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor 99 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ATTEST: _________________________________ City Clerk 100 408 Saint Peter Street, Suite 600 Amendment Saint Paul, MN 55102 Prepared for United States Dublin CA Order #: Q-151511 Prepared: 09/29/2021 Page 1 of 4 First Amendment to the Granicus Service Agreement between Granicus, LLC and Dublin CA This First Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Dublin CA (hereinafter referred to as "Client"), with reference to the following: WHEREAS, the Client and Granicus entered into an Agreement effective 08/28/2020 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q- 151511, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s). 2. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 3. In the event of any inconsistency between the provisions of this First Amendment and the documents comprising the Agreement, the provisions of this First Amendment shall prevail. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives. Agreement and Acceptance By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Dublin CA Granicus Signature:Signature: Name:Name: Title:Title: Date:Date:                      Attachment 2 Exhibit A to the Resolution 101 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Exhibit A Saint Paul, MN 55102 Prepared for United States Dublin CA Order #: Q-151511 Prepared: 09/29/2021 Page 2 of 4 Exhibit A ORDER DETAILS Prepared By:Chloe Scheer Phone: Email:chloe.scheer@granicus.com Order #:Q-151511 Prepared On:09/29/2021 Expires On:10/31/2021 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) ORDER TERMS              102 Exhibit A Dublin CA Order #: Q-151511 Prepared: 09/29/2021 Page 3 of 4 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Closed Captioning Services - Real Time (Hour)Up Front 138 Hours $20,010.00 SUBTOTAL:$20,010.00 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Recurring Captioning Services Annual 40 Hours $5,740.00 SUBTOTAL:$5,740.00 •Additional 5HFXUULQJ&DSWLRQLQJ6HUYLFHVvolume purchased will cover the period of 07/01/2021 - 06/30/2022 *On 7/1/2022, Recurring Captioning Services will renew at a quantity of 48 hours for a cost of $6,888.00.              103 Exhibit A Dublin CA Order #: Q-151511 Prepared: 09/29/2021 Page 4 of 4 PRODUCT DESCRIPTIONS Solution Description Recurring Captioning Services Live closed captioning. • All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum. • Caption reservations should be reserved two weeks in advance. Jobs with little notice may not be guaranteed coverage, 24 hours as an absolute minimum. • Real Time Captions are provided at an 98% accuracy readability rating • Recurring Caption hours not used in the period of performance will not carry over to the following year. Closed Captioning Services - Real Time (Hour) Remote Real-Time Closed Captioning. THIRD PARTY DISCLAIMER Closed Captioning and Meeting Services:Client and Granicus may agree that a third party will provide closed captioning, transcription services, or other meeting services under this Agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. 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F@64;6;4A56@1<0B:2;AA52B;12?@64;2102?A6J2@A52F5.C2.BA5<?6AFA<2;A2?A52.4?22:2;A (52B;12?@64;21.9@< B;12?@A.;1@A52@2?C602@.;1A2?:@ 244260C6/7:5*<276 ".:2 $5<;2 :.69 11?2@@ =+426 '64;.AB?2 ".:2 (6A92 .A2   %(!# ! %     ')&! #$""# #$ ""#&!"' 112 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.8 DATE:October 19,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Children’s Environmental Health Month ProclamationPrepared by:Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY:The City Council will consider proclaiming October 2021 as Children’s Environmental Health Month in the City of Dublin. STAFF RECOMMENDATION:Approve the proclamation. FINANCIAL IMPACT:None. DESCRIPTION:Children’s Environmental Health Month is a national and statewide effort supported by individuals, nonprofit organizations, and government agencies, and was first recognized by the California Legislature in 2019. From birth to adulthood, children experience rapid physiological growth, and their systems absorb more toxins in proportion to their body weight than do adult systems. Studies performed by the California Air Resources Board found that children exposed to air pollution suffer from decreased lung function and development and are more prone to developing asthma and bronchitis.Children’s Environmental Health Month encourages individuals and organizations to raise awareness and understanding of children’s environmental health issues, seek improved protections for children, and perform acts of sustainability or environmental health wellness. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: 113 Page 2 of 2 The City Council Agenda was posted. ATTACHMENTS:1) Children’s Environmental Health Month Proclamation 114 Attachment 1 A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA “Children’s Environmental Health Month - October 2021” WHEREAS, the City of Dublin recognizes that our children are the future and are especially vulnerable to environmental health issues because they are physiologically very different from adults and are in a dynamic state of growth. They live and play much closer to the ground than adults do, and are therefore exposed differently to toxins; and WHEREAS, children are exposed to a variety of pollutants and contaminants that are transported through many media, including air, water, soil, and food and are absorbed by children when they breathe, drink, eat, and touch the contaminated media. Children’s exposure to these toxins can harm their health; and WHEREAS,Children’s Environmental Health Month was created to raise awareness about the importance of ensuring clean air and water, safe food and consumer products, and healthy environments during a child’s development and beyond; and WHEREAS, Children’s Environmental Health Month is a national and statewide effort supported by individuals, nonprofit organizations, and government agencies, and was first recognized by the California Legislature in 2019; and WHEREAS, Children’s Environmental Health Month encourages individuals and organizations to raise awareness and understanding of children’s environmental health issues, seek improved protections for children, and perform acts of sustainability or environmental health wellness; and WHEREAS,theCityof Dublinbelieves wecan safeguard thehealth, safety,and well-being ofourchildren, whoareourmost precious resource. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby proclaim October 2021 as “Children’s Environmental Health Month”and affirms that all children have a right to clean air and water, safer food and products, and healthy environments. DATED: October 19, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 115 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 8.1 DATE:October 19, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Fiscal Year 2020-21 4th Quarter Financial Review and Additional Special Designation of General Fund ReservesPrepared by:Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:The City Council will receive a financial report on the fourth quarter of Fiscal Year 2020-21 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION:Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2020-21 and confirm additional General Fund reserve designations as of June 30, 2021. FINANCIAL IMPACT:City Council confirmation of General Fund reserve designations will not alter amounts received or spent but will allow Staff to close the Fiscal Year 2020-21 financial books.Total General Fund reserves are projected at $207.7 million as of June 30, 2021, with $63.3 million in the unassigned cash flow reserve, representing 8.8 months of the Fiscal Year 2021-22 Adopted General Fund Budget. All other funds comply with policies governing fund balance. DESCRIPTION:This report transmits the preliminary financial results of the Fiscal Year 2020-21 year-end, focusing on the General Fund. At this time, the numbers are essentially final, and though adjustments may happen as the audit is finalized, Staff does not expect substantial changes from the numbers in this report. The Comprehensive Annual Financial Report, which will be presented to the City Council at the second meeting in December 2021, will contain the final audited results.General Fund Overview (Attachment 2)General Fund operating revenues totaled $103.1 million in Fiscal Year 2020-21, an increase of $6.7 million over the prior year. Total revenues, including an accounting adjustment of unrealized 116 Page 2 of 7 gains and transfers in, were $99.4 million, a decrease of $3.5 million from the prior year. General Fund operating expenditures totaled $74.1 million, a decrease of $130,105 from the prior year. Total expenditures, including contributions to other funds and transfers out, were $82.2 million, a decrease of $1.1 million from the prior year. Contributions to capital projects and other funds totaled $8.3 million, a decrease of $933,584 from the prior year. The resulting impact on total General Fund Reserves was an increase of $17.0 million, as shown in Table 1.Table 1: General Fund SummaryFY 2019-20 FY 2020-21Total Reserves, Beginning of Year $171,225,773 $190,649,224 Revenues $96,389,272 $103,086,306 Expenditures (74,251,883)(74,121,779)Net Operating Budget Impact $22,137,389 $28,964,528 Transfers In/87,098 273,623 Unrealized Gain/Loss 6,433,261 (3,936,480)Transfers Out/Contribution to Other (9,234,298)(8,300,714)Total Reserves, End of Year $190,649,224 $207,650,181 Change from Prior Year $17,000,957 The primary drivers of the increase in revenues were a continued increase in Property Taxes and recovery of Sales Tax from the impacts of COVID-19 last fiscal year. Specific revenue and expenditure changes (+/-$250,000 compared to Fiscal Year 2019-20 actuals and to the Fiscal Year 2020-21 budget) are discussed below. The General Fund Summary (Attachment 2) presents this data by major category.RevenuesProperty Tax (+$3,920,750 vs. prior year / +$2,611,086 vs. budget)Property Tax revenue in Fiscal Year 2020-21 increased along with a gain in net assessed valuation by $1.3 billion (7.5%) over the prior year, which was slightly more than theincrease experienced countywide at 6.8%. This change is attributed to a 2% Proposition 13 inflation adjustment and growth in home sales in the City. In addition, sales prices for the calendar year 2020 increased over the prior year, driven by fewer properties being offered for sale and the lower interest rate environment. Sales Tax (+$3,420,583 vs. prior year / +$3,265,419 vs. budget) Overall Sales Tax came in $3.4 million (16%) higher than Fiscal Year 2019-20, primarily attributable to higher revenues generated by the Auto and Transportation and State and County Pools categories, with an increase of 26.2% and 25.5% respectively. One third of the increase was due to deferred payments for Fiscal Year 2019-20 that were included in Fiscal Year 2020-21 allocation. 117 Page 3 of 7 Development Revenue (+$675,870 vs. prior year / -$28,641 vs. budget) This category includes revenues associated with permits for new development (primarily building permits) as well as tenant improvements on current structures. It also includes fees for City services provided, most typically zoning and plan checking services. The increase was the net result of higher building permit activity and lower development services (plan checking)revenues. This revenue category is based on development project timelines.Transient Occupancy Tax (TOT) (-$824,025 vs. prior year / +$93,962 vs. budget)The Fiscal Year 2020-21 budget projected losses in TOT, or hotel tax, resulting from the extended and more restrictive Shelter-in-Place Order as COVID-19 numbers worsened during 2020. Other Taxes (+$729,020 vs. prior year / +$764,970 vs. budget)In Fiscal Year 2020-21, the net increase in Other Taxes over the prior year was related to an increase in Property Transfer Tax, which fluctuates with the real estate market, and Garbage Franchise Tax, due to the incorporation of updated garbage collection rates.Interest (-$957,088 vs. prior year / +$1,095,357 vs. budget) The Fiscal Year 2020-21 budget for interest was relatively conservative as Staff anticipated a low interest rate environment. Charges for Services (-$849,527 vs. prior year / +$633,792 vs. budget)The net decrease in Fiscal Year 2020-21 comparing to the prior fiscal year is due almost entirely to a significant decrease in Parks and Recreation program revenues, as many recreation programs were cancelled during the COVID-19-related shutdowns. This revenue loss was partially offset by reimbursements from Alameda County for an increased number of service calls at Santa Rita Jail, which is the primary reason for the increase over the Fiscal Year 2020-21 Budget.ExpendituresSalaries and Wages (-$311,363 vs. prior year / -$562,787 vs. budget) Staff costs came in lower than the prior year and lower than budgeted, as a number of vacant positions remained unfilled during the year. In addition, seasonal salaries came in lower due to the cancellation of recreation programs impacted by COVID-19.Benefits (-$136,348 vs. prior year / -$392,261 vs. budget) This variance is primarily attributed to vacant positions and a lower retiree health contributiondue to the City’s current super-funded status.Services and Supplies (-$145,875 vs. prior year / -$1,155,001 vs. budget)Expenditures for supplies and services in Fiscal Year 2020-21 were under budget due to the impact of COVID-19, such as the resulting closure of City facilities, cancellation of special events, teleworking during the Shelter-in-Place, and the shift from in-person travel to remote meetings and conferences. In addition, insurance premiums and claims paid were lower than budgeted.Utilities (-$28,222 vs. prior year / -$505,063 vs. budget) This variance is attributed to the closure of City facilities. 118 Page 4 of 7 Contracted Services (+$2,968,732 vs. prior year / -$6,920,614 vs. budget)Contract expenditures came in higher than the prior year mainly due to planned increases in the police services, fire services, and maintenance contract costs. In addition, community grants were expanded to COVID-19 services providers, and expenditures were incurred for the 2020 election.The police services contract came in under budget by $712,320; of that, $600,000 will be added to the Public Safety Reserve and the remaining budget will be carried over to Fiscal Year 2021-22. Budget savings in the Fire services contract amounted to $444,771; after budget carryovers, Staff will shift $346,869 to the Fire Services Pension/OPEB Reserve.Development services contracts finished the year with $2.0 million in remaining budget due to a slowdown in activity (building inspection and plan checking) that began before and continued through the Shelter-in-Place Order. In addition, a few large development projects did not move at the pace previously anticipated. The maintenance contract with MCE was under budget by $411,539, and all other general City contracts were under budget by $3,365,323. Of that amount, approximately $924,000 will be carried over to Fiscal Year 2021-22 to continue projects underway. Additionally, the animal services, library services, City Attorney, and investment consulting services contracts were roughly $1.0 million under budget, and the COVID-19 Small Business Recovery Grant budget was not fully utilized in Fiscal Year 2020-21. Finally, recreation contract costs were under budget by $345,675.Capital Outlay (-$3,320,576 vs. prior year / -$607,612 vs. budget)Capital Outlay expenditures were lower than in Fiscal Year 2019-20 due to the City’s participationin the Amador Plaza land acquisition as part of the Downtown Preferred Vision project in the prior year. The variance to budget is due to unspent funds for the purchase of situational awareness cameras, furniture for the Public Works workspace reconfiguration, and replacement fixtures for the Senior Center. These budgets will be carried into Fiscal Year 2021-22.Transfers Out for Capital Improvement Program (CIP) ProjectsThe General Fund transferred out $5.3 million in Fiscal Year 2020-21 for capital project expenditures; of that amount, $4.4 Million was covered by Committed/Assigned Reserves. $12.5 million of the unspent capital project budget will be carried over to Fiscal Year 2021-22. Table 2 summarizes the CIP projects funded by the General Fund.Table 2: General Fund CIPsProject AmountCommitted/AssignedCivic Center HVAC and Roof Replacement $2,365,032 Dublin Heritage Park Cemetery Improvements 370,215 Electric Vehicle (EV) Charging Stations 4,821 Imagine Playground at Dublin Sports Grounds 1,502,671 Maintenance Yard Facility Improvements 2,907 Public Safety Complex -Police Services Building 106,562 Subtotal -Committed/Assigned $4,352,208Undesignated 119 Page 5 of 7 Annual Street Resurfacing $400,043 Audio Visual System Upgrade 257 Citywide Bicycle and Pedestrian Improvements 170,124 Downtown Dublin Street Grid Network 2,500 Financial System Replacement 365,169 Resiliency and Disaster Preparedness Improvements 2,189 San Ramon Road Trail Lighting 8,222 Subtotal -Undesignated $948,506 Total -General Fund Transfers Out to CIPs $5,300,714 Reserves (Attachment 3)In June 2021, based on estimated revenues and expenditures at that time, the City Council approved allocations to specific Committed Reserves and Assigned Reserves, shown in Table 3 below. With the close of the financial books, Staff is recommending additional allocations as described below. This Staff Report also transmits a Resolution (Attachment 1) which confirms designations only of additional Committed Reserves for Fiscal Year 2020-21, as City Council approval of Assigned Reserves is not necessary by resolution.Committed Reservesa. Downtown Public Improvement Reserve -Increase $3,000,000In accordance with the City Council’s Strategy #1: Implement the City’s Adopted Preferred Vision for Downtown Dublin, Staff recommends the addition of $3.0 million to this reserve for funding towards the Downtown Dublin Town Square Park and the Downtown Dublin Street Grid Network. With the adjustment, the reserve will total $13 million.b. Fire Services Pension/OPEB Reserve - Increase $346,869Staff recommends adding the Fiscal Year 2020-21 fire services budget savings to the reserve. With the adjustment, this reserve will total $5,671,094.c. Public Safety Reserve – Increase $600,000Staff recommends adding Fiscal Year 2020-21 police services budget savings to the reserve. With the adjustment, this reserve will total $2.6 million.d. Utility Undergrounding – Increase $2,329,810Staff recommends adding $2,329,810 to this reserve for the future utility undergrounding projects covering Scarlett Court to Scarlett Drive and Dublin Boulevard to Scarlett Drive. With the adjustment, this reserve will total $3.5 million.e. Cemetery Expansion –Shift $96,000 from the Non-Streets CIP ReserveThe adjustment to the reserve is to account for a slight increase in the project cost.f. Don Biddle Community Park - Increase $600,000The increase accounts for the $600,000 in Community Benefit Payments received from a development project for the inclusion of a specimen tree and upgraded playground equipment in the Don Biddle Community Park. With the adjustment, this reserve will total $2.1 million, which is the General Fund portion of the project cost.g. Lease Revenue Bond Payment – (New Reserve) – Increase $4,000,000In accordance with the adopted Climate Action Plan 2030 and Beyond and in response to the State law transitioning California’s transportation sector to zero emissions by 2035, the City Council has approved the Citywide Energy Improvements project and financing of the project through the issuance of tax-exempt bonds. Payment of the debt service is a liability 120 Page 6 of 7 of the General Fund. Staff recommend the creation of the new reserve with an initial set-aside of $4.0 million for debt service payments and/or early payoff.h. Donlon Way Acquisition –Reduce $9,388Staff recommends liquidating the reserve balance as the acquisition of the property is complete. This balance will return to the General Fund Undesignated Reserve.Assigned Reservesa. Village Parkway Pavement Reconstruction –Increase $3,500,000 In June 2020, the City Council approved the creation of the reserve to fund planning, design, and reconstruction of Village Parkway north of Amador Valley Boulevard to the City limit. The total estimated project cost is $10 million. In June 2021, City Council approved adding $1.5 million to the reserve. With the Fiscal Year 2020-21 surplus higher than previously estimated, Staff recommends adding $3.5 million, for a total of $10.0 million.b. HVAC Replacement & Civic Center Improvements –Increase $1,500,000Staff recommends adding $1.5 million to the reserve to provide funding for the planning, design, and construction of various rehabilitation and renovation projects at the Civic Center and reconfiguration of the Civic Center back parking lot, both of which are associated with the Cultural Arts Center. With this adjustment, this reserve will total $5,702,041. c. Relocate Parks andRecreation Department -Increase $250,000Staff recommends adding $250,000 to the reserve to increase funding needed to relocateParks and Recreation Department to the second floor of the Cultural Arts Center and reconfigure the space vacated. With this adjustment, this reserve will total $500,000.d. Pension and OPEB -Increase $1,000,000Staff recommends the addition of $1.0 million to this reserve to cover potential increases in the City’s unfunded pension liability, for a total of $16.0 million.e. Catastrophic Loss Reserve and Accrued Leave AdjustmentPer the Fund Balance and Reserves Policy, Staff will adjust the Catastrophic Loss Reserve to reflect 15% of the book value of City-owned building and improvements. Staff will also adjust the Accrued Leave Reserve to equate to the total accrued leave liability as of June 30, 2021.These designations, as well as reserve allocations for budget carryovers and per accounting rules and/or City policy, have been incorporated into the General Fund Reserve Balances (Attachment 3).Table 3. Committed/Specific Assigned Reserve RecommendationsReserve Category June 2021 Approval Recommendation FY 20-21 Total Adjustment Adjustment Type CommittedAdvance to Public Facility Fee $2,500,000 $2,500,000Downtown Public Improvement 1,545,375 $3,000,000 4,545,375 Add Fire Services Pension/OPEB 346,869 346,869 Add Lease Revenue Bond Payment 4,000,000 4,000,000 AddPublic Safety Reserve 600,000 600,000 Add 121 Page 7 of 7 Utility Undergrounding 2,329,810 2,329,810 Add Don Biddle Community Park 600,000 600,000 Transfer Cemetery Expansion 96,000 96,000 Transfer Specific AssignedHVAC Replace & Civic Ctr Improv.1,500,000 1,500,000 Add Pension & OPEB 1,000,000 1,000,000 Add Relocate Parks Dept 250,000 250,000 Add Village Pkwy Pavement Recons.1,500,000 3,500,000 5,000,000 Add With approval of the recommendations above, the Unassigned Cash Flow Reserve is estimated at $63.3 million (or 8.8 months of the Fiscal Year 2021-22 Adopted Budget), which is above the reserve target as provided for in the Fund Balance and Reserves Policy. STRATEGIC PLAN INITIATIVE:Strategy 2: Explore New City Revenue Streams for Long Term Financial StabilityObjective 2D: Continue to maintain strong fiscal policies. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Authorizing Additional Special Designations of General Fund Reserves For Fiscal Year 2020-212) General Fund Summary Q4 FY 2020-213) General Fund Reserves Summary Q4 FY 2020-21 122 Attachment 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING ADDITIONAL SPECIAL DESIGNATIONS OF GENERAL FUND RESERVES FOR FISCAL YEAR 2020-21 WHEREAS,the City's Fund Balance and Reserves Policy requires special fund balance allocations to be adopted by the City Council, and allows the City Council to take action prior to the end of the fiscal year to direct a specific assignment of the fund balance; and WHEREAS,Staff reviewed updated information regarding fund balance and estimated one-time revenues during the preparation of the Fiscal Year 2021-22 Budget; and WHEREAS,the City Council approved allocations to specific Committed Reserves and Assigned Reserves on June 15, 2021, based on estimated revenues and expenditures at that time. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make additional special allocation of the Fiscal Year 2020-21 year-end balance to the Committed fund balance as follows: Create a new reserve for Lease Revenue Bond Payment and add $4,000,000 Increase the reserve for Downtown Public Improvement by $3,000,000 Increase the reserve for Fire Services Pension/OPEB by $346,869 Increase the reserve for Public Safety by $600,000 Increase the reserve for Utility Undergrounding by $2,329,810 Increase the reserve for Don Biddle Community Park by $600,000 Increase the reserve for Cemetery Expansion by $96,000 BE IT FURTHER RESOLVED that, any net resources remaining after special designations, and after meeting the Fund Balance and Reserves Policy requirements, will be left in the Unassigned (Available) Reserve. PASSED, APPROVED AND ADOPTED this 19th day of October 2021 by the following vote: AYES: NOES: ABSENT: 123 Attachment 1 ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 124 Attachment 2GENERAL FUND SUMMARY - Q4 FY 2020-21 Actual 2019-20 Adopted Budget 2020-21 Amended Budget 2020-21 Actual 2020-21 Change (Act vs Prior Yr) Change (Act vs Amend) Revenues Property Tax $49,086,335 $48,896,000 $50,396,000 $53,007,086 $3,920,750 $2,611,086 Sales Tax 21,439,886 19,595,050 21,595,050 24,860,469 $3,420,583 3,265,419 Sales Tax Reimbursements (407,431)(610,000)(610,000)(219,445)$187,986 390,555 Development Revenue 6,716,056 6,951,077 7,420,567 7,391,926 $675,870 (28,641) Transient Occupancy Tax 1,567,987 1,000,000 650,000 743,962 ($824,025)93,962 Other Taxes 5,712,336 5,676,387 5,676,387 6,441,357 $729,020 764,970 Licenses & Permits 236,972 238,506 340,506 334,852 $97,880 (5,654) Fines & Penalties 85,128 107,432 62,432 75,394 ($9,734)12,962 Interest Earnings 3,652,445 1,600,000 1,600,000 2,695,357 ($957,088)1,095,357 Rentals and Leases 974,392 1,329,966 806,887 822,841 ($151,551)15,954 Intergovernmental 306,425 250,000 250,000 300,618 ($5,807)50,618 Charges for Services 5,644,465 6,222,359 4,161,146 4,794,938 ($849,527)633,792 Other Revenue 1,374,275 1,077,242 1,804,064 1,836,951 $462,676 32,887 Subtotal Revenues - Operating $96,389,272 $92,334,019 $94,153,039 $103,086,306 $6,697,034 $8,933,267 Transfers In $87,098 $56,600 $56,600 $273,623 186,525 $217,023 Unrealized Gains/Losses 6,433,261 (3,936,480) (10,369,741) (3,936,480) Total Revenues $102,909,631 $92,390,619 $94,209,639 $99,423,449 ($3,486,182)$5,213,810 Expenditures Salaries & Wages $10,978,176 $11,886,262 $11,229,600 $10,666,813 ($311,363)($562,787) Benefits 4,890,980 5,016,611 5,146,893 4,754,632 ($136,348)(392,261) Services & Supplies 2,928,191 3,892,942 3,937,317 2,782,316 ($145,875)(1,155,001) Internal Service Fund Charges 2,977,333 3,685,246 3,685,246 3,685,246 $707,913 (0) Utilities 2,427,310 2,925,055 2,904,151 2,399,088 ($28,222)(505,063) Contracted Services 46,071,154 53,053,169 55,960,499 49,039,885 $2,968,732 (6,920,614) Capital Outlay 3,959,753 397,883 1,246,788 639,176 ($3,320,576)(607,612) Contingency & Miscellaneous 18,987 222,605 283,605 154,622 $135,635 (128,983) Subtotal Expenditures - Operating $74,251,883 $81,079,773 $84,394,099 $74,121,779 ($130,105)($10,272,320) Operating Impact (REV-EXP)$22,137,389 $11,254,246 $9,758,940 $28,964,528 $6,827,139 $19,205,587 Transfer Outs & Contributions to Other Funds Transfers Out (CIPs) - Undesignated (1)$336,309 $1,159,855 $3,777,101 $948,506 $612,197 ($2,828,596) Transfers Out (CIPs) - Com./Assig. Res 7,668,923 71,715 14,134,447 4,352,208 (3,316,715) (9,782,239) Contribution to OPEB/PERS 1,000,000 3,000,000 2,000,000 2,000,000 (1,000,000) Contribution to ISF 1,229,066 1,000,000 1,000,000 1,000,000 (229,066) - Subtotal - Transfers Out & Contributi 9,234,298 3,231,570 21,911,548 8,300,714 (933,584) (13,610,834) Total Expenditures $83,486,181 $84,311,343 $106,305,647 $82,422,492 ($1,063,689)($23,883,154) GF Impact (Include CIP & Transfers)$19,423,450 $8,079,276 ($12,096,007)$17,000,957 TOTAL GENERAL FUND BALANCE $190,649,224 $198,728,500 $178,553,216 $207,650,181 Contracted Services Detail Actual 2019-20 Adopted Budget 2020-21 Amended Budget 2020-21 Actual 2020-21 Change (Act vs Prior Yr) Change (Act vs Amend) Police Services (2)$19,619,858 $21,298,390 $21,443,621 $20,731,301 $1,111,443 $712,320 Fire Services (2)13,325,437 14,290,787 14,290,787 13,846,016 $520,579 444,771 Maintenance Services (MCE)4,860,718 5,736,382 5,756,382 5,344,843 $484,125 411,539 Development (CDD and PW)3,142,265 4,616,073 5,046,237 3,059,578 ($82,687)1,986,660 Other Contracted Services (3)5,122,876 7,111,537 9,423,472 6,058,148 $935,272 3,365,323 Total Contracted Services $46,071,154 $53,053,169 $55,960,499 $49,039,885 $2,968,732 $6,920,614 (1)Transfers Out to CIP Amended Budget includes $10,832,147 carried over from FY 19-20 (2)Police and Fire liability insurance amounts are not included above, they are included in Services & Supplies. (3)Other Contracted Services Amended Budget includes $1.3M carryover from FY 19-20; $1.0M for small business recovery loans, $377K for Camp Parks waste inter-governmental contract with offset revenue, and $228K for housing element update 125 Attachment 3GENERAL FUND RESERVES SUMMARY- Q4 FY 2020-21 RESERVE DESCRIPTION Actual 2019-20 Increase 2020-21 Decrease 2020-21 Net Change Projected 2020-21 Non-Spendable $13,061 $205 $205 $13,266 Prepaid Expenses 13,061 205 205 13,266 Restricted $1,938,000 $441,000 $441,000 $2,379,000 Cemetery Endowment 60,000 60,000 Developer Contr - Downtown 1,049,000 441,000 441,000 1,490,000 Developer Contr - Heritage Pk 19,000 19,000 Developer Contr - Nature Pk 60,000 60,000 Heritage Park Maintenance 750,000 750,000 Committed $57,828,474 $15,428,054 ($2,552,599)$12,875,455 $70,703,930 Advance to Public Facility Fee 7,500,000 2,500,000 (142,361)2,357,639 9,857,639 Downtown Public Impr 8,454,625 4,545,375 4,545,375 13,000,000 Economic Development 126,359 (73,041)(73,041)53,319 Economic Stability 8,000,000 8,000,000 Emergency Communications 532,113 532,113 Fire Svcs Pension/OPEB 5,324,225 346,869 346,869 5,671,094 Innovations & New Opport 1,065,471 (33,752)(33,752)1,031,719 One-Time Initiative - Capital 4,993,150 (27,039)(27,039)4,966,110 One-Time Initiative - Operating 503,860 503,860 Public Safety Reserve 2,000,000 600,000 600,000 2,600,000 Specific Committed Reserves Cemetery Expansion (CIP)1,447,764 96,000 (370,215)(274,215)1,173,549 Contribution to Public Facility Fee 6,000,000 6,000,000 Cultural Arts Center 4,539,197 4,539,197 Donlon Way Acquisition 410,000 (400,613)9,388 9,388 Don Biddle Park (CIP)1,500,000 600,000 600,000 2,100,000 Dublin Sports Ground (CIP)1,502,671 (1,502,671)(1,502,671) Fallon Sports Park III Contingency 3,110,500 3,110,500 Lease Revenue Bond Payment 4,000,000 4,000,000 4,000,000 Maintenance Facility (CIP)58,350 (2,907)(2,907)55,443 Utility Undergrounding (CIP)1,170,190 2,329,810 2,329,810 3,500,000 Assigned $64,004,659 $8,079,787 ($5,340,926)$2,738,861 $66,743,520 Accrued Leave 1,044,730 251,784 251,784 1,296,514 Catastrophic Loss 17,702,316 8,003 8,003 17,710,320 CIP Carryovers 3,502,246 (767,136)(767,136)2,735,111 Fiscally Responsible Adj 325,000 325,000 Municipal Regional Permit 2,282,905 (69,974)(69,974)2,212,931 Non-Streets CIP Commitments 2,462,100 (96,000)(96,000)2,366,100 Operating Carryovers 1,724,011 158,734 158,734 1,882,745 Parks and Streets Contingency 226,227 (24,957)(24,957)201,270 Pension & OPEB 15,000,000 1,000,000 1,000,000 16,000,000 Pension Rate Stabilization Plan 2,000,000 (2,000,000)(2,000,000) Relocate Parks Dept 250,000 250,000 250,000 500,000 Service Continuity 3,150,000 3,150,000 Specific Assigned Reserves Climate Action Plan 3,000,000 3,000,000 Contribution to ISF 1,500,000 1,500,000 Façade Improvement Grants 374,157 70,000 (70,000)374,157 HVAC Replace. & Civic Ctr Improv. (CIP)4,202,041 1,500,000 (2,365,032)(865,032)3,337,009 Public Safety Complex (CIP)258,925 (106,562)(106,562)152,363 Village Pkwy Pavemt Recon 5,000,000 5,000,000 5,000,000 10,000,000 Unassigned $66,865,029 $7,893,525 ($6,948,089)$945,436 $67,810,464 Unassigned-Unrealized Gains 8,453,240 (3,936,479)(3,936,479)4,516,760 Unassigned (Available)58,411,789 (1,010,000)63,293,704 TOTAL RESERVES $190,649,224 $31,842,571 ($14,841,614)$17,000,957 $207,650,181 126 FY 2020-21 4th Quarter Financial Review October 19, 2021 ITEM 8.1 Summary Revenues $103,086,306 •Property Tax $53,007,086 o Growth in assessed valuation o Prop 13 inflation adjustment •Sales Tax $24,860,469 o Auto & Transportation o Online sales growth o Deferred payments for FY 19-20 Summary •Development Revenue $7,391,926 o Development project timelines •TOT $743,962 o Impact of COVID-19 o Significantly lower than FY 19-20 •Other Taxes $6,441,357 o Increase in Property Transfer Tax o Increase in Garbage Franchise Tax Summary •Charge for Services $4,794,938 o Parks & Recreation programs revenue decrease offset by decrease in expenditures o Increase in reimbursement from the Alameda County for fire service calls •Interest $2,695,357 o Conservative estimate Summary Expenditures $74,121,779 •Salaries & Benefits $15,421,444 o Unfilled vacant positions o Lower seasonal salaries o Lower retiree health contribution •Services & Supplies $2,782,316 o Impact of COVID-19 •Utilities $2,399,088 o Impact of COVID-19 Summary •Contract Services $49,039,885 o Police and fire services contract budget savings o Development contract services under budget o Maintenance services under budget o Recreation contracts under budget o Other Contracts under budget •Capital Outlay $639,176 Transfers Out Transfers Out to CIPs $5,300,714 Project Amount Committed/Assigned Civic Center HVAC and Roof Replacement $2,365,032 Dublin Heritage Park Cemetery Improvements 370,215 Electric Vehicle (EV) Charging Stations 4,821 Imagine Playground at Dublin Sports Grounds 1,502,671 Maintenance Yard Facility Improvements 2,907 Public Safety Complex - Police Services Building 106,562 Subtotal - Committed/Assigned $4,352,208 Undesignated Annual Street Resurfacing $400,043 Audio Visual System Upgrade 257 Citywide Bicycle and Pedestrian Improvements 170,124 Downtown Dublin Street Grid Network 2,500 Financial System Replacement 365,169 Resiliency and Disaster Preparedness Improvements 2,189 San Ramon Road Trail Lighting 8,222 Subtotal - Undesignated $948,506 Total - General Fund Transfers Out to CIPs $5,300,714 Reserves FY 2019-20 FY 2020-21 Total Reserves, Beginning of Year $171,225,773 $190,649,224 Revenues $96,389,272 $103,086,306 Expenditures (74,251,883) (74,121,779) Net Operating Budget Impact $22,137,389 $28,964,528 Transfers In/ 87,098 273,623 Unrealized Gain/Loss 6,433,261 (3,936,480) Transfers Out/Contribution to Other (9,234,298) (8,300,714) Total Reserves, End of Year $190,649,224 $207,650,181 Change from Prior Year $17,000,957 •FY 20-21 is closed in a surplus position •Reserve increase $17 million Reserves •Additional Reserve Designations Reserve Category Recommendation Adjustment Type Committed Downtown Public Improvement $3,000,000 Add Energy Revenue Bond Lease Payment 4,000,000 Add Fire Svcs Pension/OPEB 346,869 Add Public Safety Reserve 600,000 Add Utility Undergrounding 2,329,810 Add Don Biddle Community Park 600,000 Transfer Cemetery Expansion 96,000 Transfer Specific Assigned HVAC Replacement & Civic Ctr Improv.$1,500,000 Add Pension & OPEB 1,000,000 Add Relocate Parks Dept 250,000 Add Village Pkwy Pavement Reconstruction 3,500,000 Add Staff Recommendation Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2020-21 Questions?