HomeMy WebLinkAbout*February 1, 2022 Regular City Council Meeting Agenda PacketFebruary 01, 2022 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, February 1, 2022 Location: City Council Chamber
Civic Center
100 Civic Plaza
Dublin, CA 94568
Closed Session 6:00 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.tv30.org and
on the City’s website at: https://dublin.ca.gov/ccmeetings
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, February 1, 2022. 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
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February 01, 2022 Dublin City Council Regular Meeting Agenda 2
time to give public comment. The speaker will then be unmuted to give public
comment via Zoom.
CLOSED SESSION 6:00 PM
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1
case.
II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Section 54956.9: 1 case.
Facts and circumstances: Letter from Kevin Shenkman to City Clerk, dated December
29, 2021
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1 Recognition of Dublin’s 40th Anniversary
The City Council will recognize the 40th anniversary of Dublin’s incorporation and
receive an original poem performed by the City’s Poet Laureate.
STAFF RECOMMENDATION:
Recognize the City’s anniversary and receive the presentation.
Staff Report
Attachment 1 - February 1, 1982 City Council Meeting Agenda and Minutes
3.2 Employee Introduction
New City of Dublin Staff member, Taryn Gavagan Bozzo, Special Projects Manager with
the City Manager’s Office, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
Staff Report
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).
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February 01, 2022 Dublin City Council Regular Meeting Agenda 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 January 11, 2022, Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the January 11, 2022, Regular
City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the January 11, 2022, Regular City Council Meeting.
Staff Report
Attachment 1 - January 11, 2022 Regular City Council Meeting Minutes
4.2 City Proclamations for the Month of February
The City Council will consider the following proclamations for the month of February in
the City of Dublin: American Heart Month, Black History Month, and National Teen
Dating Violence Awareness and Prevention Month.
STAFF RECOMMENDATION:
Approve the proclamations.
Staff Report
Attachment 1 - American Heart Month Proclamation
Attachment 2 - Black History Month Proclamation
Attachment 3 - Teen Dating Violence Awareness and Prevention Month Proclamation
4.3 Declaration of Weeds and Combustible Debris Abatement
The City Council will consider declaring that there is a public nuisance created by weeds
and combustible debris growing and accumulating upon the streets, sidewalks and
property within the City of Dublin.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof; direct Staff to notify the public of the adoption of this
Resolution; and schedule a public hearing for the April 5, 2022 City Council meeting at
which time the City Council will hear and consider objections to this abatement order.
Staff Report
Attachment 1 - Resolution Declaring Weeds and Combustible Refuse a Public Nuisance
and Ordering the Abatement Thereof
4.4 Approval of 2022 City of Dublin Legislative Platform
The City Council will consider approving the 2022 Legislative Platform, which guides the
City’s response to potential and pending legislation, policies, programs, grant funding
opportunities, ballot measures, mandates, and budgets at all levels of government.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the 2022 City of Dublin Legislative Platform.
Staff Report
Attachment 1 - Resolution Approving the 2022 City of Dublin Legislative Platform
Attachment 2 - Exhibit A to the Resolution - 2022 City of Dublin Legislative Platform
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February 01, 2022 Dublin City Council Regular Meeting Agenda 4
4.5 Commercial Façade Improvement Grant Program Agreements for Dublin Cyclery
and Hair Emporium
The City Council will consider approving Commercial Façade Improvement Grant
Program Agreements for two businesses: Dublin Cyclery and Hair Emporium. The
businesses have requested participation in the program to assist with improvements to
the building’s exterior signage.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Commercial Façade Improvement Grant Program
Agreements Between the City of Dublin, Dublin Plaza, and Dublin Cyclery; and the City of
Dublin, Dublin Plaza, and Hair Emporium.
Staff Report
Attachment 1 - Resolution Approving Commercial Facade Improvement Grant Program
Agreements Between the City of Dublin, Dublin Plaza, and Dublin Cyclery; and the City of
Dublin, Dublin Plaza, and Hair Emporium
Attachment 2 - Exhibit A to the Resolution - Commercial Facade Improvement Grant
Program Agreement Between the City of Dublin, Dublin Plaza, and Dublin Cyclery
Attachment 3 - Exhibit B to the Resolution - Commercial Facade Improvement Grant
Program Agreement Between the City of Dublin, Dublin Plaza, and Hair Emporium
4.6 Renewal of the Tri-Valley Tourism Marketing District
The City Council will consider renewing the City of Dublin’s participation in the Tri-
Valley Tourism Marketing District and grant consent to the City of Pleasanton, the
District’s lead jurisdiction, to renew the Tri-Valley Tourism Marketing District.
STAFF RECOMMENDATION:
Adopt the Resolution Granting Consent to the City of Pleasanton to Renew the Tri-Valley
Tourism Marketing District.
Staff Report
Attachment 1 - Resolution Granting Consent to the City of Pleasanton to Renew the Tri-
Valley Tourism Marketing District
Attachment 2 - Exhibit A to the Resolution - Tri-Valley Tourism Marketing District Map
Attachment 3 - Tri-Valley Tourism Marketing District Management District Plan
Attachment 4 - City of Pleasanton Resolution No. 22-1267
4.7 Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay
The City Council will consider adopting a Resolution in Support of Bay Adapt: Regional
Strategy for a Rising Bay. This item is in response to a January 11, 2022, Item 9 request.
STAFF RECOMMENDATION:
Adopt the Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay.
Staff Report
Attachment 1 - Resolution In Support of Bay Adapt: Regional Strategy for a Rising Bay
Attachment 2 - Bay Adapt Executive Summary
4.8 Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard with
VP-RPG Dublin, LLC
The City Council will consider approving the Maintenance Agreement for Downtown
Gateway Sign at 7944 Dublin Boulevard with VP-RPG Dublin, LLC, to allow the City of
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February 01, 2022 Dublin City Council Regular Meeting Agenda 5
Dublin to operate and maintain a Downtown Gateway Sign located at 7944 Dublin
Boulevard.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Maintenance Agreement for Downtown Gateway
Sign at 7944 Dublin Boulevard Between the City of Dublin and VP-RPG Dublin, LLC.
Staff Report
Attachment 1 - Resolution Approving the Maintenance Agreement for Downtown
Gateway Sign at 7944 Dublin Boulevard
Attachment 2 - Maintenance Agreement for Downtown Gateway Sign
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING – None.
7. UNFINISHED BUSINESS
7.1 Community Task Force on Equity, Diversity, and Inclusion Recommendation Review
and Implementation Plan
The City Council will consider approving an Implementation Plan for the Community
Task Force on Equity, Diversity, and Inclusion’s recommendations. Staff reviewed the
recommendations for their policy, personnel, and cost implications and then categorized
them into four categories: Approve, Modified, Reject, and Further City Council Direction
Required. The proposed implementation plan includes those recommendations
categorized as Approve or Modified.
STAFF RECOMMENDATION:
Receive the report, provide direction on requested items, and approve the
Implementation Plan.
Staff Report
Attachment 1 - Matrix of Approve Recommendations
Attachment 2 - Matrix of Modified Recommendations
Item 7.1 - PowerPoint Presentation
8. NEW BUSINESS – None.
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee
reports and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by
Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the
federal rules and regulations adopted in implementation thereof. To make a request for
disability- related modification or accommodation, please contact the City Clerk’s Office
(925) 833-6650 at least 72 hours in advance of the meeting.
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February 01, 2022 Dublin City Council Regular Meeting Agenda 6
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure
environment, fosters new opportunities, provides equity across all programs, and
champions a culture of diversity and inclusion.
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STAFF REPORT
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Page 1 of 2
Agenda Item 3.1
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Recognition of Dublin’s 40th AnniversaryPrepared by:Colleen Tribby, Assistant City Manager
EXECUTIVE SUMMARY:The City Council will recognize the 40th anniversary of Dublin’s incorporation and receive an original poem performed by the City’s Poet Laureate.
STAFF RECOMMENDATION:Recognize the City’s anniversary and receive the presentation.
FINANCIAL IMPACT:None.
DESCRIPTION:On November 3, 1981, within the proposed boundaries of a new city, Alameda County voters passed Measure A to incorporate Dublin and elect its first City Councilmembers. At the time, the area was populated with approximately 16,000 people, of which 5,952 were registered voters. The measure passed 2,131 to 641.Dublin officially became incorporated on February 1, 1982, and the first meeting of the City Council was held that evening in Dublin High School’s Little Theater (agenda and minutes provided as Attachment 1). In that first year, Mayor Pete Snyder and Councilmembers Burton, Hegarty, Jeffery, and Moffatt passed 24 ordinances and adopted 63 resolutions that would lay the foundation for the governance and operation of the City of Dublin.In celebration of its 40
th anniversary, the City will be hosting a variety of events, activities, and exhibits throughout the year, including a community celebration to kick off the annual St. Patrick’s Day Festival in March, and a gala event in the summer. Staff is currently working with the ad hoc committee of Mayor Hernandez and Vice Mayor Josey, and in collaboration with the Dublin Historical Society, to plan certain events.
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Tonight’s recognition of Dublin’s 40th year of cityhood includes a reception preceding the City Council meeting, and the reading of an original work by the City’s Poet Laureate, James Morehead.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) February 1, 1982 City Council Meeting Agenda and Minutes
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AGENDA
First MeetinG of the
Dublin City Council
February 1, 1982
7:30 P. M.
Dublin Hiqh School
Little Theatre
1. Call to order by Supervisor Don Excell, TemDorary Chairman.
2. Presentation of colors by Dublin Rotary and Lions Clubs,
Pledge of Alleqiance.
3. Invocation by the Reverend Mr. James Griffes.
4. Oaths of office: Judae Mark Eaton
5. Election of Mayor.
Presentation of gavel to Mayor by Temporary Chairman.
6. Election of Mayor pro-tem~ore.
7. Remarks bv Mayor and Councilmembers.
8. Remarks by members of the audience.
9. Resolution of anQointment - City Clerk.
10. Resolution of aDoointment - City Treasurer.
11. Resolution of appointment - City Attorney.
12. NEW BUSINESS
12.1 Adootion of ordinance providinq that all County ordinances
to remain in effect.
12.2 Resolution fixina amount of bond for City Clerk and
City Treasurer.
12.3 Resolution establishina rules for the conduct of City
Council meetinas.
12.4 Adoption of ordinance designating the place of reqular
Council meetinqs.
Attachment 1
9
12. NEW BUSINESS - con't.
12.5 Resolution requiring the postinq of ordinances.
12.6 Introduction of ordinance establishing a special gas
tax street improvement fund.
12.7 Adoption of ordinance imposing a documentary transfer
tax on transfers of real property.
12.8 Introduction of ordinance creating the position of
City Administrator.
12.9 Introduction of ordinance creatinq a Planning Agency
Planning Commission].
12.10 Resolution requesting California Highway Patrol to
continue to provide traffic enforcement.
12.11 Introduction of ordinance providinq salary for members
of City Council.
12.12 Report re liability insurance coverage.
12.13 Resolution authorizing interim administrative official
to arrange for office rent, office equipment and supplies
and clerical assistance.
13. WRITTEN COMMUNICATIONS
13.1 From Dublin San Ramon Services District, Fire Department,
re sale of fireworks in City.
13.2 From Alameda County Training and Employment Board re
CETA training and employment.
13.3 From the Housing Authority-City of Pleasanton re fire
protection coverage to the new Arroyo Vista complex.
13.4 Resolutions from the City of Newark and Dublin San Ramon
Services District - conqratulations uoon the incorporation
of the City of Dublin.
14. MISCELLANEOUS
15. ADJOURNMENT
2.
2/1/82
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Agenda Item 3.2
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Employee IntroductionPrepared by:Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:New City of Dublin Staff member, Taryn Gavagan Bozzo, Special Projects Manager with the CityManager’s Office, will be introduced.
STAFF RECOMMENDATION:Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:None.
DESCRIPTION:New City of Dublin Staff member, Taryn Gavagan Bozzo, Special Projects Manager with the CityManager’s Office, will be introduced to the City Council.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:None.
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Page 1 of 1
Agenda Item 4.1
EXECUTIVE SUMMARY:The City Council will consider approval of the minutes of the January 11, 2022, Regular City Council Meeting.
STAFF RECOMMENDATION:Approve the minutes of the January 11, 2022, Regular City Council Meeting.
FINANCIAL IMPACT:None.
DESCRIPTION:The City Council will consider approval of the minutes of the January 11, 2022, Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) January 11, 2022 Regular City Council Meeting Minutes
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Approval of the January 11, 2022,Regular City Council Meeting Minutes Prepared by:Marsha Moore, MMC, City Clerk
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: January 11, 2022
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 11, 2022
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/ccmeetings
CLOSED SESSION 6:00 PM
I.CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case.
II.CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATIONSignificant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case.Facts and circumstances: Letter from Kevin Shenkman to City Clerk, dated December 29, 2021
REGULAR MEETING 7:00 PM
REGULAR MEETINGA regular meeting of the Dublin City Council was held on Tuesday, January 11, 2022, via Zoom Communications. The meeting was called to order at 7:00 PM., by Mayor Hernandez.
1)CALL TO ORDER AND PLEDGE OF ALLEGIANCEAttendee Name StatusMelissa Hernandez, Mayor PresentJean Josey, Vice Mayor PresentShawn Kumagai, Councilmember PresentMichael McCorriston, Councilmember PresentDr. Sherry Hu, Councilmember Present
2)REPORT ON CLOSED SESSION
Mayor Hernandez reported there was no reportable action thus far in Closed Session, and continued Closed Session to the end of the Regular City Council meeting.
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 11, 2022
3)ORAL COMMUNICATIONS
3.1)Employee IntroductionThe City Council welcomed new Dublin Staff members, Anthony Calvo, Recreation Coordinator and Kim Bonato, Senior Office Assistant with Parks and Community Services, and Janice Spuller, Senior Office Assistant with the City Manager's Office.
3.2)2021 Sponsor RecognitionThe City Council recognized the sponsors who contributed to City events, programs, and facilities in 2021.
3.3)Recognition of the 2021 “Deck the Homes” Holiday Home Decorating
Contest WinnersThe City Council presented Certificates of Recognition to the 2021 “Deck the Homes” Holiday Home Decorating Contest winners.
3.4)Public CommentTom Evans provided public comment.John Heath provided public comment.Shirley Lewandowski provided public comment.Jeanine Gillengerten provided public comment.
4)CONSENT CALENDARThe City Council pulled items 4.2 and 4.4 from the consent calendar for furtherdiscussion.
4.1)Approved the December 21, 2021 Special and Regular City Council Meetings Minutes.
4.3)Approved the Adopt-a-Bench program.
4.5)Adopted Resolution No. 03-22 titled, “Approving Funding Recommendations for Fiscal Year 2021-22 for the Youth Advisory Committee Mini Grant Program.”
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 11, 2022
4.6)Received the Payment Issuance Report and Electronic Funds Transfers listing of payments issued from December 1, 2021 -December 31, 2021 totaling $8,816,835.54.
4.7)Adopted Resolution No. 04-22 titled, “Finding That There Is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin for the 30-Day Period Beginning January 11 Pursuant to AB 361.”
4.8)Directed staff to proceed with securing and decorating a float to be used by the City Council during the St. Patrick’s Day Parade.On motion by Vice Mayor Josey, seconded by Councilmember McCorriston, and by unanimous vote the City Council adopted the remaining Consent Calendar items.RESULT:ADOPTED [UNANIMOUS]MOVED BY:Jean Josey, Vice MayorSECOND:Michael McCorriston, CouncilmemberAYES:Hernandez, Kumagai, Josey, McCorriston, Hu
4.2 Approval of Grant Agreement with the Three Valleys Community FoundationSusan Houghton, Three Valleys Community Foundation, addressed the City Council.On motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote the City Council adopted Resolution No. 01-22 titled, “Approving the Grant Agreement Between the Three Valleys Community Foundation and the City of Dublin.”RESULT:ADOPTED [UNANIMOUS]MOVED BY:Jean Josey, Vice MayorSECOND:Shawn Kumagai, CouncilmemberAYES:Hernandez, Kumagai, Josey, McCorriston, Hu
4.4 Dublin Camp Parks Military History Center Memorandum of UnderstandingGarrison Commander, Colonel Serena Johnson, addressed the City Council. On motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote the City Council adopted Resolution No. 02-22 titled, “Approving a Memorandum of Understanding Between the City of Dublin and Parks Reserve Forces
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 11, 2022
Training Area Regarding Joint Operation of the Dublin Camp Parks Military History Center.”RESULT:ADOPTED [UNANIMOUS]MOVED BY:Jean Josey, Vice MayorSECOND:Shawn Kumagai, CouncilmemberAYES:Hernandez, Kumagai, Josey, McCorriston, Hu
5)WRITTEN COMMUNICATION –None.
6)PUBLIC HEARING –None.
7)UNFINISHED BUSINESS
7.1 Community Workforce Agreement with the Building and Construction
Trades Council of Alameda County and Affiliated UnionsThe City Council received a presentation and asked clarifying questions regarding a Community Workforce Agreement with the Building and Construction Trades Council of Alameda County and affiliated unions. Brian Werner provided public comment.Juanita Douglas provided public comment.Nicole Goehring provided public comment.Steve Fagrey provided public comment.Sergio Cortez provided public comment.Cherie Marini provided public comment.Glenn Lovall provided public comment.Jennifer Fothergill provided public comment.Eric Christen provided public comment.Greg Bonato provided public comment.Dean Salinas provided public comment.Joe Lubas provided public comment.
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 11, 2022
Scott Mullins provided public comment.Joseph D’Amico provided public comment.Ed Duarte provided public comment.Pedro Gonzales provided public comment.Maurice Turner provided public comment.Brian Gini provided public comment.On motion by Councilmember Kumagai, seconded by Mayor Hernandez, and by a 4-0-1 vote, with Councilmember Hu abstaining, the City Council adopted Resolution No. 05-22 titled, “Approving the Community Workforce Agreement between the City of Dublin and the Building and Construction Trades Council of Alameda County and its Affiliated Unions,” including the approved amendment to Exhibit A, adding the following language to section 10.2.1: Notwithstanding the foregoing, Contractor may employ an apprentice that is enrolled in a California state-approved apprenticeship program other than a Joint Apprenticeship Training Program provided that (i) the apprentice is a Local Resident, (ii) the Contractor previously requested a Local Resident apprentice from the applicable Joint Apprenticeship Training Committee and one was not provided, and (iii) the apprentice counts toward the maximum number of Core Workers allowed to the Contractor on the Project under Section 8.4.1.RESULT:ADOPTED [4-0-1]MOVED BY:Shawn Kumagai, CouncilmemberSECOND:AYES:Melissa Hernandez, MayorHernandez, Kumagai, Josey, McCorristonABSTAIN:Dr. Sherry Hu
8)NEW BUSINESS
8.1)Draft 2022 City of Dublin Legislative PlatformThe City Council received a report on the Draft 2022 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets at all levels of government. This will be brought back at a future meeting as a consent item to be considered for adoption.
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 11, 2022
9)OTHER BUSINESSThe City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).By consensus, the City Council directed Staff to send a letter of support and bring back a Resolution at a future meeting signing on with the Regional Strategy for the Rising Bay.
CLOSED SESSION - CONTINUED Mayor Hernandez adjourned the meeting to Closed Session at 9:37 p.m.
10)ADJOURNMENTMayor Hernandez reported there was no reportable action out of Closed Session and adjourned the Regular meeting at 10:16 p.m.
MayorATTEST:
City Clerk
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Page 1 of 2
Agenda Item 4.2
DATE:February 1,2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:City Proclamations for the Month of FebruaryPrepared by:Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:The City Council will consider the following proclamations for the month of February in the City of Dublin: American Heart Month, Black History Month, and National Teen Dating Violence Awareness and Prevention Month.
STAFF RECOMMENDATION:Approve the proclamations.
FINANCIAL IMPACT:None.
DESCRIPTION:The City Council will consider the following proclamation for the month of February:1. American Heart Month2. Black History Month3. Teen Dating Violence Awareness and Prevention Month
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:
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1) American Heart Month 2) Black History Month3) Teen Dating Violence Awareness and Prevention Month
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Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“American Heart Month”
WHEREAS,February is designated as American Heart Month, to encourage Americans to focus on their hearts and encourage
them to get their families, friends, and communities involved; and
WHEREAS,the first American Heart Month was proclaimed by President Lyndon B. Johnson in February 1964; and
WHEREAS,the first Friday of every February is federally designated as American Heart Month and the nation comes together
by igniting a wave of red from coast to coast; and
WHEREAS,heart disease is the number one killer of women, killing more women than all forms of cancer combined; and
WHEREAS, the American Heart Association’s Go Red For Women®movement motivates women to learn their family history
and to meet with a healthcare provider to determine their risk for cardiovascular diseases and stroke; and
WHEREAS,the City of Dublin encourages involvement in American Heart Month by spreading the word about preventing heart
disease and living heart-healthy lives.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim February 2022 as “American
Heart Month” and encourages citizens to meet with their healthcare providers to learn the risks for cardiovascular disease and
stroke.
DATED: February 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston
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Attachment 2
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Black History Month”
WHEREAS,during Black History Month we celebrate the contributions African Americans have made to American
economic, cultural, spiritual, and political development; and
WHEREAS,the City of Dublin recognizes and values diversity, equity, and inclusion within our community; and,
WHEREAS,in 1916, Dr. Carter Goodwin Woodson, noted Black scholar and son of former slaves, founded the
Association for the Study of African American Life and History; and
WHEREAS,Dr. Woodson initiated Black History Week on February 12, 1926, and for many years, the second week of
February, chosen to coincide with the birthdays of Frederick Douglas and Abraham Lincoln, was celebrated by African
Americans in the United States; and
WHEREAS,in 1976, as part of the nation’s bicentennial, Black History Week was expanded and became Black History
Month, and is now celebrated all over North America; and
WHEREAS,the City of Dublin understands that African Americans have endured egregious discrimination and
bigotry throughout the course of our Nation’s history, conflicting with the core values of the City of Dublin; and
WHEREAS,Black History Month is a time when all citizens are encouraged to reflect on past successes and challenges
of Black communities, and to look to the future to ensure freedom, equity, and inclusiveness.
NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim February 2022 as Black
History Month in the City of Dublin and encourages all citizens to celebrate our diverse heritage and culture.
DATED:February 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston
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Attachment 3
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Teen Dating Violence Awareness and Prevention Month”
WHEREAS,February is Teen Dating Violence Awareness and Prevention Month; and
WHEREAS,Teen Dating Violence is an issue that impacts everyone – not just teens – but their parents, teachers, friends, and
communities as well; and
WHEREAS,during Teen Dating Violence Awareness and Prevention Month, youth.gov aims to break the cycle of violence by
providing support and services to victims, their families, and their communities; and
WHEREAS, nearly half of teens who experience dating violence report that incidents of abuse took place in a school building or
on school grounds; and
WHEREAS,by providing young people with education about healthy relationship skills and by changing attitudes that support
violence, we recognize that dating violence can be prevented; and
WHEREAS,the City of Dublin is joining forces with victims and service providers, Dublin Police Services, and concerned citizens
throughout Dublin to observe and raise awareness around Teen Dating Violence Awareness and Prevention Month.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim February 2022 as “Teen Dating
Violence Awareness and Prevention Month” in the City of Dublin and encourages discussions with family members and peers to
promote awareness and prevention of teen dating violence.
DATED: February 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston
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Agenda Item 4.3
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Declaration of Weeds and Combustible Debris AbatementPrepared by:Bonnie Terra,Division Chief
EXECUTIVE SUMMARY:The City Council will consider declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City of Dublin.
STAFF RECOMMENDATION:Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; direct Staff to notify the public of the adoption of this Resolution; and schedule a public hearing for the April 5, 2022 City Council meeting at which time the City Council will hear and consider objections to this abatement order.
FINANCIAL IMPACT:None.
DESCRIPTION:In accordance with Dublin Municipal Code section 5.7.030, the City Council may declare that there is a public nuisance created by weeds and combustible debris growing or accumulating upon the streets, sidewalks and property within the City of Dublin. With this declaration, the Fire Chief or his designee is required to notify property owners of the nuisance conditions and demand that the conditions be abated without delay. If the abatement is not completed, the City of Dublin shall, at the expense of the owner, have the weeds and refuse removed.The proposed public hearing date will be April 5, 2022 with the intention on allowing for the abatement process to be completed prior to June 24, 2022. Starting the process at this time will allow for Staff to complete the process within the time frame while still abiding by the City’s applicable ordinances.
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STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof
42
Attachment 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS,Government Code Section 39502 et. Seq. authorizes the legislative body of
a city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and
WHEREAS,the Alameda County Fire Department is under contract to provide services
and exercise the powers common to the City of Dublin; and
WHEREAS,The City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of
the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and
refuse.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire
Department and the City of Dublin hereby declare as public nuisances all weeds and refuse
growing or accumulating upon the streets, sidewalks, and property as defined in section
5.70.030, in the City of Dublin.
BE IT FURTHER RESOLVED that the fire Chief, or his designee, shall cause notice to be
given to the public in the form and manner provided in sections 5.70.030 and 5.70.040 of the
Dublin Municipal Code, notifying said public of the passage of this Resolution and further that on
April 5, 2022 at 7:00 p.m., the City Council of the City of Dublin will conduct a public hearing to
hear and consider objections to this abatement order.
PASSED, APPROVED AND ADOPTED this 1st day of February 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 4.4
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Approval of 2022 City of Dublin Legislative PlatformPrepared by:John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:The City Council will consider approving the 2022 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets at all levels of government.
STAFF RECOMMENDATION:Adopt the Resolution Approving the 2022 City of Dublin Legislative Platform.
FINANCIAL IMPACT:None.
DESCRIPTION:Each year the City Council approves a Legislative Platform that includes the goals, strategies, and priorities for organizing the City’s legislative advocacy efforts. At the January 11, 2022, meeting, the City Council reviewed and provided comments on the draft 2022 Legislative Platform and had no proposed revisions or edits. The Legislative Platform has remained substantially unchanged over the past six years. However, the 2022 Legislative Platform includes several modifications, which are discussed below.The guiding principles for the City’s legislative advocacy efforts have been updated to include revised language around local control as well as a reference to the City’s existing Mission, Vision, Values, and policies. These principles now include:
Preserving and/or increasing local government discretion
Promoting or enhancing revenue sources
Advancing existing City Mission, Vision, Values, and policies
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The 2022 Legislative Platform identifies specific Public Policy Priorities for the following categories:1. General Administration2. Fiscal Sustainability3. Community and Economic Development4. Transportation and Public Works5. Public Safety6. Parks and Community Services7. Climate and Environment8. Technology and Cyber SecurityThese priorities will further guide the positions and advocacy efforts the City will take on all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets. The 2022 Legislative Platform includes the following updated or new Public Policy Priority categories:
An updated Parks and Community Services category, which include new priorities revolving around social services and mental health services.
The Technology and Cyber Security Category which articulate priorities around the deployment of next generation technological infrastructure as well as legislation and funding to support efforts to increase capacity to protect against cyber security attacks. Other new Public Policy Priorities to the Platform include supporting legislation that:
Addresses the functional impracticalities of AB361 while providing a permanent teleconference option available for Brown Act legislative bodies to hold public meetings.
Grants the City additional flexibility in the use of ARPA funding.
Provides for more stable and equitable long-term funding sources for transportation.
Leverages local funds to the maximum extent possible to implement transportation improvements through grants and partnerships with regional, state, and federal agencies.
Supports expanded opportunities for high occupancy vehicles (HOV), managed lane policies, improved enforcement, new technology deployment, and reducing congestion and delay along freeways.
Supports innovative rail connectivity projects which aim to address the jobs/housing/transit imbalance (i.e., Valley Link).
Supports alternative crisis response programs for mental health, substance abuse, or homelessness-related calls for emergency service.
Increases available financial assistance to local non-profit and community-based organizations who provide social services and mental health services to residents in need.Other changes to the platform include the removal of the following priority:
Oppose legislation that seeks to repeal revenue collection or divert funds from the Road Repair and Accountability Act of 2017 (SB1). This priority is no longer relevant as there are no current attempts to repeal SB1.
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Additionally, Staff consolidated several of the priorities listed in the Climate and Environment section to reduce redundancy. It should be noted that the list of Public Policy Priorities is not exhaustive. In those instances where potential legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets do not fit with the specific Public Policy Priorities, the General Legislative Principles will guide City action.The 2022 Legislative Platform also includes language around Regional Collaboration, specifically the Tri-Valley Cities, whose 2022 Legislative Framework is attached as an addendum to the Legislative Platform for reference.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving the 2022 City of Dublin Legislative Platform2) Exhibit A to the Resolution – 2022 City of Dublin Legislative Platform
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE 2022 CITY OF DUBLIN LEGISLATIVE PLATFORM
WHEREAS,the 2022 City of Dublin Legislative Platform (“Platform”) outlines the City’s
legislative priorities and positions to inform residents, representatives, and policy makers; and
WHEREAS, these legislative priorities are guided by three General Legislative Principles
and Public Policy Positions which will determine the City’s position on various legislative
proposals; and
WHEREAS, the Platform provides Staff with direction and authorizes them, on the City
Council’s behalf, to quickly respond in support or opposition to bills, and other legislative or
gubernatorial actions in time sensitive situations, in accordance with the processes identified in
the Platform.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin adopts
the 2022 City of Dublin Legislative Platform attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the Mayor or her designee is authorized to sign letters
of opposition or letters of support as drafted by City Staff for legislation as long as they are
consistent with the Platform.
PASSED, APPROVED AND ADOPTED this 1st day of February 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
47
2022 LEGISLATIVE PLATFORM
FEDERAL AND STATE POLICY PRIORITIES
FEBRUARY 2022
Attachment 2
48
Introduction
Many public policies intersect with City priorities, programs, and services. This 2022 Legislative
Platform (Platform) outlines the City of Dublin’s legislative priorities and positions on these policies
to inform residents, representatives, and policymakers. These priorities are applicable to all relevant
legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets.
The Mission of the City of Dublin is to promote and support a high quality of life, ensure a safe and
secure environment, foster new opportunities, provide equity across all programs, and champion a
culture of diversity and inclusion. This Mission shall guide the City’s Legislative Platform.
This Platform provides Staff with direction and authorizes them, on the City Council’s behalf, to
quickly respond in support of or opposition to bills and other legislative or gubernatorial actions in
time-sensitive situations. Additionally, the Platform enables staff to communicate Dublin-specific
issues and impacts with state legislators. Staff may draft letters, direct our legislative advocates, or
speak on behalf of the City regarding the legislative priorities this document outlines.
Any correspondence signifying the City’s support or opposition of a given bill must be signed by the
Mayor and/or City Manager with notification to the City Council.
Any questions regarding this Legislative Platform can be directed to John Stefanski, Assistant to the
City Manager at John.Stefanski@dublin.ca.gov.
Platform Overview and Coordination
This Legislative Platform serves as the foundation for City legislative advocacy at all levels of
government. It informs the City’s legislative representatives of the key issues and legislation that
could have a potential impact on the City and the process in which the City will participate in the
legislative process. The City will employ several strategies to advocate or advance the City’s public
policy interests, which include:
• Position Development
o Reviewing analyses and positions by the CalCities, legislative advocates, and other
local government / professional associations in formulating the City’s position.
o Working with City departments, legislative advocate(s) to develop this platform and
identify positions on proposed legislative measures.
• Status Tracking
o Tracking key bills through the legislative process.
• Communication and Advocacy
o Communicating the City’s position, in accordance with this Platform, through
correspondence, testimony, and meetings.
o Working cooperatively with other cities (including the Tri-Valley Cities), associations,
and CalCities on advocating the City’s legislative position.
o Meeting with legislators and their representatives, as well as other federal, state and
county government officials on a regular basis, to discuss local government issues,
proposed legislation, requests for funding assistance, and City programs and services.
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The City Manager’s Office will exercise day-to-day oversight of legislative matters. In addition to
coordinating formal action through the City Council, the City Manager and her designee will manage
the City’s Legislative Platform.
Staff will follow the process below when responding to all proposed and relevant legislation,
policies, programs, grant funding opportunities, ballot measures, mandates, and budgets.
1. Review and determine whether a proposal will impact the City.
2. Prepare a letter outlining the City’s position for the Mayor’s or City Manager’s signature.
3. Distribute the letter to the legislation’s author(s), the City Council, and other relevant parties.
In scenarios where a proposal or regulation arises that may impact the City and is not covered by
this Legislative Platform, Staff will prepare a draft position letter for the City Council to review prior
to distribution.
General Legislative Principles
The guiding principles for the City’s legislative advocacy efforts include, but are not limited to:
Preserving and/or Increasing Local Government Discretion
Promoting or Enhancing Revenue Sources
Advancing Existing City Mission, Vision, Values, and Policies
Public Policy Priorities
This legislative platform identifies specific public policy priorities by topic area. Informed by the
General Legislative Principles, these priorities will guide the positions the City will take on all
relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and
budgets.
The public policy priorities are categorized as follows:
1. General Administration
2. Fiscal Sustainability
3. Community and Economic Development
4. Transportation and Public Works
5. Public Safety
6. Parks and Community Services
7. Climate and Environment
8. Technology and Cybersecurity
1. General Administration
Staff recommends that the City Council support legislation that:
1. Enhances or streamlines local control and allows cities to address the needs of local
constituents within a framework of regional cooperation.
2. Streamlines the process to apply for, to receive approval of, and to receive state or
federal funding.
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3. Assures every person the right to equal treatment in and access to all government-
sponsored benefits or funded programs.
4. Addresses the functional impracticalities of AB361 while providing a permanent
teleconference option available for Brown Act legislative bodies to hold public meetings.
5. Grants the City additional flexibility in the use of American Rescue Plan Act funding.
Staff recommends that the City Council oppose legislation that:
6. Attempts to restrict local authority or decision-making whether by state or federal
legislation or ballot propositions.
7. Diminishes or eliminates local governments’ ability to contract out for the provision of
services.
8. Requires cities to use district-based elections.
2. Fiscal Sustainability
Staff recommends that the City Council support legislation that:
1. Maintains or enhances ongoing revenues to the City.
2. Updates the tax structure to enhance local government revenues that have declined due
to the expansion of e-commerce, increased consumption of services rather than durable
goods, and innovations in technology.
3. Ensures timely distribution of mandated reimbursements owed to the City.
4. Removes unnecessary state-imposed mandates.
5. Provides for the use of incentives for local government action rather than mandates
(funded or unfunded).
6. Establishes new and innovative revenue options and resources to finance public
infrastructure construction and maintenance.
7. Streamlines the establishment and utilization of infrastructure financing districts or other
funding mechanisms for infrastructure improvements.
8. Changes the Communications Act of 1934 that removes the distinction between
“capital” and “operating” funds to provide more local control for community television
stations in the use of their public, educational, and government (PEG) channel fees.
9. Supports measures to increase transparency of all public employee salaries and benefits.
10. Supports measures to provide sustainable public pensions and other post-retirement
benefits.
Staff recommends that the City Council oppose legislation that:
11. Undermines and preempts local authority over local taxes and fees.
12. Shifts funds from local governments to the state or federal government.
13. Imposes unfunded or inadequately funded federal and state mandates on local
governments.
14. Eliminates development fees or limits the ability of cities to levy such fees to provide for
infrastructure or services.
15. Requires or expands state involvement in City financial audits, fiscal monitoring, general
oversight, or assistance by the State Treasurer, State Controller, or other state agencies.
16. Defers reimbursements for state mandated programs.
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3. Public Works and Transportation
Staff recommends that the City Council support legislation that:
1. Ensures the City receive its fair share of transportation funding and that keeps the
funding decisions at the local level.
2. Provides for more stable and equitable long-term funding sources for transportation.
3. Leverages local funds to the maximum extent possible to implement transportation
improvements through grants and partnerships with regional, state, and federal agencies.
4. Supports a constitutional amendment to lower the two-thirds approval threshold for
sales and use tax measures for transportation purposes.
5. Supports reducing Vehicle Miles Traveled (VMT) and supports developing and
implementing Transportation Demand Management (TDM) plans and strategies.
6. Supports expanded opportunities for high occupancy vehicles (HOV), managed lane
policies, improved enforcement, new technology deployment, and reducing congestion
and delay along freeways.
7. Supports multimodal freight movement between the San Francisco Bay Area and the
Central Valley and projects that reduce freight traffic on I-580.
8. Supports active transportation, enhances the safety of all modes of transportation,
particularly bicycles and pedestrians, and reduces vehicle speeds and traffic congestion.
9. Supports Intelligent Transportation Systems (ITS), Connected, and Automated Vehicles.
10. Supports local control and local regulation of shared mobility, transportation network
companies (TNCs), and other emerging industries that use city infrastructure to offer
private services.
11. Enables the sale of traffic data to recover the cost of data collection.
12. Supports innovative rail connectivity projects which aim to address the
jobs/housing/transit imbalance (i.e., Valley Link).
Staff recommends that the City Council oppose legislation that:
13. Infringes upon the ability of local governments to effectively administer and modify state
and local construction provisions and standards.
14. Takes away local control of managing and operating local streets.
15. Reduces the City’s condemnation authority regarding acquisition of properties required
for public projects.
4. Community and Economic Development
Staff recommends that the City Council support legislation that:
1. Maintains the City’s authority over land use decisions.
2. Strengthens local regulatory authority and control over the siting of medical or
recreational marijuana dispensaries.
3. Creates a more equitable Regional Housing Needs Allocation (RHNA) process.
4. Creates more flexibility for local jurisdictions to work together to provide housing that
counts toward RHNA requirements.
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5. Eliminates redundant, costly, and cumbersome mandates and restrictions required by
CEQA (California Environmental Quality Act).
6. Provides incentives for affordable housing and transit-oriented development.
7. Increases financial assistance to provide affordable, transitional, special needs and
emergency housing to the homeless, seniors, veterans, and people with special needs.
8. Encourages the expansion of STEM (Science, Technology, Engineering and
Mathematics) programs in K-12, higher education, and libraries.
9. Enhances the City’s efforts to retain existing businesses and attract new businesses.
10. Provides tangible and productive tools and incentives to support job creation, business
attraction, and business retention.
11. Advances or encourages innovation, entrepreneurship, start-ups, small business
opportunities, and/or workforce development.
Staff recommends that the City Council oppose legislation that:
12. Interferes with or reduces local land use control and decision making.
13. Diminishes or eliminates the authority of cities to zone and plan for the development of
telecommunications infrastructure, including the siting of cellular communications
towers or transmission sites.
14. Diminishes or eliminates cities’ authority to regulate condominium conversions.
15. Interferes with the ability to provide productive incentives to support job creation,
business attraction, and business retention.
5. Public Safety
Staff recommends that the City Council support legislation that:
1. Increase funding for local law enforcement, fire suppression and prevention, hazardous
materials mitigation, and emergency medical services.
2. Provides funding to local agencies for training, disaster preparedness, crime prevention,
public outreach, and emergency planning.
3. Ensures cities have control of regulating local medical marijuana facilities instead of the
state, protects public safety with standardized security requirements, protects public
health with uniform health and safety standards, and ensures patient safety with a quality
assurance protocol.
4. Improves data and information dissemination, preparedness funding, and first-responder
training for oil-by-rail shipments.
5. Maintains or increases grant funding for the Community Oriented Police Services
(COPS) program.
6. Provides a greater share of asset forfeiture funds for cities and increases latitude for
spending local funds.
7. Supports funding to prepare, mitigate, adapt, and respond to extreme weather or
emergency events.
8. Supports alternative crisis response programs for mental health, substance abuse, or
homelessness related calls for emergency service.
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6. Parks and Community Services
Staff recommends that the City Council support legislation that:
1. Creates new funding opportunities for parks and community facilities.
2. Provides funding for ADA (Americans with Disabilities Act) facility and park upgrades.
3. Increases available financial assistance to local non-profit and community-based
organizations who provide social services and mental health services to residents in need.
7. Climate and Environment
Staff recommends that the City Council support legislation that:
1. Assists local governments in meeting or exceeding local or state goals to reduce global
warming pollution levels, to develop alternate energy resources and fuel efficiency
programs, and to reduce fossil fuel dependence.
2. Supports current waste diversion goals, local compliance efforts, and associated
measurement and reporting requirements.
3. Assist the City in meeting or exceeding established goals of reducing water consumption
and increasing water supply without preempting local planning decisions.
4. Requires manufacturers be responsible for the end of useful life cost of collecting,
processing, recycling, and disposing of products they manufacture.
5. Protects the interest of California’s Community Choice clean electricity providers and
their customers.
6. Supports regional and local government efforts to develop and implement programs to
reduce air pollution.
7. Supports the funding, compliance, and full life cycle costs of current and new mandatory
storm water quality permit requirements.
8. Addresses litter control and abatement problems in California.
9. Reduces the financial impact of state and federal funded and unfunded mandates related
to compliance with environmental programs and regulations.
Staff recommends that the City Council oppose legislation that:
10. Preempts local planning decisions regarding solid waste facility sites.
11. Preempts local solid waste and AB 939 fee setting authority or imposes taxes or fees on
local solid waste programs to fund state programs not directly related to solid waste
management.
8. Technology and Cybersecurity
Staff recommends that the City Council support legislation that:
1. Promotes the use of data and technologies to create efficiencies, promote economic
development, enhance public safety, improve transportation and mobility, improve
sustainability, increase transparency to public information, enhance municipal quality of
life factors and help solve other civic challenges.
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2. Maintains local control over municipal assets in the deployment of next generation
technological infrastructure.
3. Increases the City’s capacity to protect against cyber security attacks.
4. Provides funding for programs that seek to expand digital access for residents and
businesses.
Staff recommends that the City Council oppose legislation that:
5. Limits or removes local review and permitting of emerging telecommunications
technologies, such as Small Cell technology.
Regional Collaboration
The City of Dublin is a member of the Tri-Valley Cities (TVC), a coalition of the five Tri-Valley
municipalities who work together to advocate for issues and funding at the regional, state, and
federal levels. The TVC is governed by the five Mayors of each municipality who develop and adopt
a TVC Legislative Framework which guides the advocacy efforts of the TVC. A copy of the 2022
Framework, once adopted, will be attached to as Addendum A to this Legislative Platform.
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Addendum A: 2022 Tri-Valley Cities Legislative Framework
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0 | P a g e
TRI-VALLEY CITIES
Legislative Framework
2022
57
1 | P a g e
TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of
Danville value regional leadership, innovation, collaboration, and problem solving to
maintain and improve the quality of life for Tri-Valley residents and provide a vibrant climate
for businesses, and enable continued opportunities for public and private investment within
the region.
Each City and Town provides a unique perspective on how to meet the needs of their
residents and businesses. The Cities and Town agree to respect the individuality of each
community and are committed to open and honest communication with a goal of building
consensus and a united approach to advocacy for solutions that will serve the residents and
businesses of the Tri-Valley.
TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental
interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs
that have a direct impact on the region. The TVC has defined Legislative Focus Areas
which have an overarching objective to retain and promote local control and decision -
making as it relates to the implementation of laws and regulations and to have the ability to
integrate them in a manner that meets the unique needs of each community. The TVC will
advocate together to achieve outcomes benefiting the region in each of these Focus Areas.
Transportation
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay
Area and are impacted by the heavy flow of traffic along the region’s freeways, which often
spills over onto the local surface streets as commuters pursue alternatives to their commute
through the Tri-Valley. A key objective of the region is to reduce congestion on the regions
freeways and to increase mobility of goods and people through the Tri -Valley with
continued financial investment in transportation infrastructure: developing alternative modes
of transportation, modernization of transportation corridors, and creation, modernization,
and expansion of rail systems.
Climate and the Environment
The TVC seeks to work collaboratively with federal, state and regional partners to address
the new landscape of year-round wildfires, public safety power shut offs, water quality
(including PFAS/PFOS contaminants) and supply issues as well as waste and recycling
mandates. The TVC will advocate for increasing financial and technical support in these
areas as well as an investment in key infrastructure at all levels of government.
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2 | P a g e
Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy
economy and provides a great quality of life for our residents and business. Key objectives
are developing a healthy workforce, supporting innovation, capacity building, e conomic
stimulus and growth in the region.
Affordable Housing
The TVC supports balanced solutions which consider housing, jobs, and transportation
together and seeks to support, promote and protect affordability in the region’s housing
stock. Key objectives are to work with federal, state, and regional partners to provide
funding for affordable housing through a variety of programs and options and to work to
address barriers to building affordable housing.
Mental Health
The TVC recognizes that social services are vital to supporting residents and providing
crucial safety net services in our region. While the TVC cities do not provide direct delivery
of social services we seek to work together to support our local non-profits and
organizations that do provide these services and advocate together for these vital
resources and services from all levels of government. Mental health is an emerging need in
our region and the TVC seeks to advocate for the needed resources to meet the needs of
all of our residents.
Fiscal Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to
advocate against the imposition of unfunded mandates and the removal of funding streams
from local governments.
2022
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Agenda Item 4.5
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Commercial Façade Improvement Grant Program Agreements for Dublin Cyclery and Hair EmporiumPrepared by:Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:The City Council will consider approving Commercial Façade Improvement Grant Program Agreements for two businesses: Dublin Cyclery and Hair Emporium. The businesses have requested participation in the program to assist with improvements to the building’s exterior signage.
STAFF RECOMMENDATION:Adopt the Resolution Approving Commercial Façade Improvement Grant Program AgreementsBetween the City of Dublin, Dublin Plaza, and Dublin Cyclery; and the City of Dublin, Dublin Plaza,and Hair Emporium.
FINANCIAL IMPACT:There is sufficient funding available in the Fiscal Year 2021-22 Budget for these reimbursements.
DESCRIPTION:In December 2011, the City Council adopted the Commercial Façade Improvement Grant Program to improve the physical appearance of the Downtown Dublin Specific Plan (DDSP) area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road (Program Area), encourage the retention of existing businesses, and increase property values, tenant stability, and lease rates in the area. The Program leverages public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Program Area.In June 2016, the City Council adopted changes to the Program to:
expand the allowance of architectural assistance;
encourage timely results;
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prioritize selection of projects which promote downtown activation (such as outside gathering and dining spaces);
promote project competitiveness;
clarify applicant preparedness; and
make the requirements of the Program more understandable to applicants.Under the Program, commercial property owners or tenants with long-term leases (five years or more) within the Program Area can apply for one of two façade improvement grants:
Mini-Grant – provides reimbursement of up to $5,000 for commercial building façade improvements with no match requirement.
Matching Grant – provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000. The total cost of the improvement work must be greater than $5,000. Receipt of a matching grant requires the approved applicant to contribute a minimum of one-third of the total cost of the façade improvement costs. In November and December 2021, Staff received applications for Mini-Grants from Dublin Cyclery(7001 Dublin Boulevard) and Hair Emporium (6993 Dublin Boulevard), respectively. Both businesses lease retail space in the Dublin Plaza shopping center where there are other retail, restaurant, and personal services establishments, such as Athens Burger, Box World and CosmoProof. The shopping center recently underwent façade improvements and was approved for a Master Sign Program (MSP). As a result, updated exterior signage was required for all the tenants to conform to the new MSP requirements. Both applicants are requesting Mini-Grants in the amount not to exceed $5,000 to help offset the costs of installing new signage, including, but not limited to fabrication and installation.The applicants have worked with the Community Development Department – Planning Division to ensure the signage meets the approved MSP requirements. The new signage matches the existing façade and provide a clean and uniform look for the shopping center.Economic Development Committee ConsiderationOn December 21, 2021, the City Council’s Economic Development Committee considered the applications and by consensus, recommended City Council approval of both applications. This recommendation falls under the Committee’s purview to provide policy guidance and direction on economic development activities.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted, and a copy of this Staff Report was sent to the Applicants.
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Page 3 of 3
ATTACHMENTS:1) Resolution Approving Commercial Façade Improvement Grant Program Agreements Betweenthe City of Dublin, Dublin Plaza and Dublin Cyclery; and the City of Dublin, Dublin Plaza, and Hair Emporium2) Exhibit A to the Resolution – Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Dublin Cyclery3) Exhibit B to the Resolution – Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Hair Emporium
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Attachment 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
AGREEMENTS BETWEEN THE CITY OF DUBLIN, DUBLIN PLAZA,
AND DUBLIN CYCLERY; AND THE CITY OF DUBLIN, DUBLIN PLAZA, AND HAIR
EMPORIUM
WHEREAS, for decades, state and local governments have used economic
development incentives to attract or retain jobs and/or improve the local tax base; and
WHEREAS,the City Council of the City of Dublin adopted Resolution No. 216-11 on
December 20, 2011, which established a Commercial Façade Improvement Grant Program
("Program") intended to improve the physical appearance of the Downtown Dublin Specific
Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road,
encouraging the retention of existing businesses, as well as increase property values, tenant
stability, and lease rates for the property; and
WHEREAS,the Program authorizes the City of Dublin to enter into agreements with
commercial property owners, or tenants with long-term leases (five or more years remaining
on the lease at the time a Program application is submitted) to apply for either 1) a mini-grant
for reimbursement of up to $5,000; or 2) a matching grant, that provides a reimbursable
matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000; and
WHEREAS,Dublin Cyclery (applicant) leases from Property Owner certain real property
located at 7001 Dublin Boulevard (APN 941-0210-027-02), located in the Program area within
the City; and
WHEREAS,Hair Emporium (applicant) leases from Property Owner certain real
property located at 6993 Dublin Boulevard (APN 941-0210-027-02), located in the Program
area within the City; and
WHEREAS,the Applicants intend to improve the facades of the buildings on the
properties identified in this Resolution; and
WHEREAS,the City Council finds that the Agreements serve a public purpose in that
they will help improve the physical appearance of Dublin Boulevard in the Program area,
encourage the retention of existing businesses, and increase property values and tenant
stability, thus benefitting the City and its residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Commercial Façade Improvement Grant Program Agreements between the
City of Dublin, Dublin Plaza, and Dublin Cyclery; and the City of Dublin, Dublin Plaza and Hair
Emporium, attached hereto as Exhibits A and B; and
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BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreements, in substantially the form attached, and to make any minor modifications to the
Agreements necessary to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of February, 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
____________________________
City Clerk
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b. A representative of the City shall inspect the completed Work after a completion notice has been
submitted to the City.
c. Upon determination by the City's representative that the Work has been completed in conformance
with the Scope of Work (Exhibit 1) and the City approvals, the City shall issue a check within 14
business days, made payable to the Applicant in an amount equal to the lesser of the Maximum
Grant Amount or the actual amount of the invoices submitted to the City by the Applicant.
d. Any and all costs of the Work, which are in excess of the Maximum Grant Amount, shall be the
sole responsibility of, and be borne by, the Applicant.
1.3 Permits and Approvals. Before commencement of the Work, Applicant shall secure or cause to
be secured any and all permits which may be required by the City and any other governmental agency affected by
such construction or work.
1.4 Commencement of the Work. Within 60 days after the Effective Date, Applicant shall have
selected and authorized one or more contractors to perform the Work, and shall have provided notice to the City of
such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors to
perform the Work within such 60-day period, the City may, at its option, terminate this Agreement upon written notice
to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection
to this Agreement. All contractors performing the Work must be licensed in the State of California.
1.5 Building Permit. A Building Permit must be obtained within 6 months of the City Council’s
approval of funding. In the event the Applicant fails to obtain a Building Permit within such 6-month period, the City
may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall
have any further rights against or liability to the other in connection to this Agreement. Additional 6 months
extensions may be approved with the City’s prior written consent.
1.6 Completion of the Work. Applicant shall complete the Work and satisfy all other obligations and
conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision
from time to time as mutually agreed upon in writing between Applicant and City's Economic Development Director,
or her designee.
1.7 Insurance Requirements. Before beginning any work under this Agreement, Applicant, or its
contractor shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work hereunder by the Applicant or its
contractor and its agents, representatives, employees, and subcontractors. Applicant shall provide proof satisfactory
to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all
respects to the City. Applicant shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Applicant’s bid. Applicant shall not allow any
contractor or subcontractor to commence work on until Applicant has obtained all insurance required herein for the
contractor or subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The additional insured coverage under the
Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 12. In the event Applicant fails to maintain coverage as
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required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. All insurance required by this
section is to be placed with insurers with a Bests' rating of no less than A:VII.
1.7.1 Commercial General and Automobile Liability Insurance.
1.7.1.1 General requirements. Applicant or its contractor, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use
of owned and non-owned automobiles.
1.7.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
1.7.1.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Contractor, including the insured’s general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied, or used by Contractor; and automobiles owned,
leased, or used by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of Contractor to comply with reporting provisions of the policy shall
not affect coverage provided to City and its officers, employees, agents, and
volunteers.
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e. An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Contractor shall notify City within 14 days of notification
from Contractor’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
1.7.1.4 Verification of coverage. Prior to beginning any work under this Agreement, Applicant
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete, certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
1.7.1.5 Contractors and Subcontractors. Applicant agrees to include with all contractors or
subcontracts the same requirements and provisions of this Agreement including the
Indemnification and Insurance requirements to the extent they apply to the scope of the
Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound
to Applicant and the City in the same manner and to the same extent as Applicant is
bound to the City under the Contract Documents.
1.7.1.6 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully protected.
1.7.1.7 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
1.7.1.8 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
1.7.1.9 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Applicant shall
provide written notice to City at Applicant’s earliest possible opportunity and in no case
later than five days after Applicant is notified of the change in coverage.
1.7.2 Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain
any insurance policies or policy endorsements to the extent and within the time herein required,
City may, at its sole option exercise any of the following remedies, which are alternatives to other
remedies City may have and are not the exclusive remedy for Applicant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
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Order Applicant to stop work under this Agreement or withhold any payment that becomes due
to Applicant hereunder, or both stop work and withhold any payment, until Applicant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
1.8 Prevailing Wages. Applicant shall require any contractors performing the Work to pay prevailing
wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this
Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this
Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The
holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement
applicable to the particular craft, classification, or type of worker employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week and the
actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors
or subcontractors in connection with the Work. The payroll records shall be kept in accordance with the provisions of
Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with
requirements of such Section 1776.
1.9 Rights of Access. Representatives of the City shall have the reasonable right to access the Site,
without charges or fees, for the purpose of inspecting the Work. City (or its representatives) shall, except in
emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein
shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of
the Site in accordance with applicable law.
1.10 Improvements Cannot Be Removed by Owner or Tenant Without City’s Consent. All façade
improvements, including construction of an outdoor dining area, will become permanent fixtures of the property and
cannot be removed by owner or tenant upon expiry or termination of the lease or sale of the property. This includes,
but is not limited to tables, chairs, shade structures, lighting, fencing planter boxes and other landscaping. Exceptions
can be made with the prior written consent of the City.
1.11 Compliance with Laws; Indemnity; Waiver. Applicant shall carry out the work of Improvements
in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and
development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's
Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with
Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code
Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
Applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless the City
and its officers, employees, volunteers, agents and representatives from and against any and all present and future
liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs of
the counsel or joint-counsel retained by Applicant to defend City) (collectively, "Claims"), arising out of or in any way
connected with Applicant's obligation to comply with all laws with respect to the Work, including all Claims that may
be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and
1781.
Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers,
agents and representatives, from any and all present and future Claims arising out of or in any way connected with
this Agreement, the performance of the Work, or Applicant's obligation to comply with all laws with respect to the
Work.
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1.12 Nondiscrimination during Construction. The Applicant, for itself and its successors and
assigns, agrees that in selecting one or more contractors to perform the Work, the Applicant will not discriminate on
the basis of race, color, creed, religion, sex, age, handicap, marital status, ancestry or national origin.
2. MAINTENANCE COVENANTS. The Applicant covenants and agrees, for itself, its successors, its assigns
and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost
and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and
repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building
visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and
perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if
any, at least once a year. The foregoing covenants shall remain in effect for a period of 48 months from the
completion of the Work. During this 48-month period, Applicant agrees, for itself, its successors, its assigns and
every successor in interest, that it will not materially alter the façade, as improved with City funds, without the prior
written consent of City which consent may be conditioned by City to preserve façade features to the extent necessary
to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60
days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the
violation.
3. GENERAL PROVISIONS
3.1 Assignment. Applicant shall have the right to assign all of its rights and obligations under this
Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice
of the assignment.
3.2 Notices, Demands and Communications between the Parties. Any approval, disapproval,
demand, document or other notice ("Notice") which either party may desire to give to the other party under this
Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid,
personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is
directed at the address of the party as set forth below, or at any other address as that party may later designate by
Notice.
To City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
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To Applicant: Owner
373 Village Square
Orinda, CA 94563
Attention: Fred Delanoy
And
Tenant
7001 Dublin Boulevard
Dublin, CA 94568
Attention: Robert Beaman, III
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of
delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused
delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices
sent by a party's attorney on behalf of such party shall be deemed delivered by such party.
3.3 Relationship between City and Applicant. It is hereby acknowledged that the relationship
between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be
deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein
or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development,
operation, maintenance or management of the Site or the Work. Applicant agrees to indemnify, hold harmless and
defend City from any claim made against City arising from a claimed relationship of partnership or joint venture
between City and Applicant with respect to the development, operation, maintenance or management of the Site or
the Work.
3.4 Integration. This Agreement contains the entire understanding between the parties relating to the
transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged in this Agreement and shall be of no further force or
effect.
3.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become
effective, shall be made in writing and in each instance signed on behalf of each party.
3.6 Conflicts of Interest. No member, official or employee of City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or
association in which he is directly or indirectly interested.
3.7 Applicant's Indemnity. Applicant shall indemnify, defend (with counsel reasonably acceptable to
City), protect and hold City, and its officers, employees, agents and representatives, harmless from, any and all
Claims of any kind or nature arising out of the Work or this Agreement or the implementation hereof, including, but
not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees
and costs), which may be caused by the Work or any activities associated with the Work, whether such activities or
Work is performed by Applicant or by anyone directly or indirectly employed or contracted with by Applicant.
Applicant's indemnity obligations under this section shall survive termination of this Agreement. Applicant's indemnity
obligations under this section shall not extend to claims, demands, damages, defense costs or liability for property
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damage, bodily injury or death occasioned by the sole negligence or willful misconduct of the City, or its officers,
employees, agents or representatives.
3.8 Non-liability of Officials and Employees of City. No member, official or employee of the City
shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for
any amount which may become due to Applicant or its successors, or on any obligations under the terms of this
Agreement.
3.9 Applicable Law. The laws of the State of California, without regard to conflict of laws principles,
shall govern the interpretation and enforcement of this Agreement.
3.10 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the City
and Applicant and no other third party shall have any right of action under this Agreement.
3.11 Disclosure of Documents. Applicant acknowledges that the City is subject to the provisions of
the California Public Records Act and that any information submitted to the City may be disclosed to the extent
required by law.
3.12 Joint and Several Liability. Owner and Tenant are jointly and severally liable for any Claims
arising out of this Agreement.
3.13 Termination. In addition to City’s right to terminate under section 1.4, either party may terminate
this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations
under this Agreement.
IN WITNESS WHEREOF, City and Applicant have executed this Agreement on the respective dates set
forth below.
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Dated: February 1, 2022
CITY:
THE CITY OF DUBLIN, a public body, corporate and
politic
By:
Linda Smith,
City Manager
ATTEST:
Marsha Moore,
City Clerk
APPROVED AS TO FORM:
John Bakker,
City Attorney
OWNER:
Dublin Plaza
By:
Printed Name: Fred Delanoy
TENANT:
Dublin Cyclery
By:
Printed Name: Robert Beaman, III
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114.1001 2838533.1 10
EXHIBIT NO. 1
SCOPE OF WORK
Please see attached application, estimate, and rendering.
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b. A representative of the City shall inspect the completed Work after a completion notice has been
submitted to the City.
c. Upon determination by the City's representative that the Work has been completed in conformance
with the Scope of Work (Exhibit 1) and the City approvals, the City shall issue a check within 14
business days, made payable to the Applicant in an amount equal to the lesser of the Maximum
Grant Amount or the actual amount of the invoices submitted to the City by the Applicant.
d. Any and all costs of the Work, which are in excess of the Maximum Grant Amount, shall be the
sole responsibility of, and be borne by, the Applicant.
1.3 Permits and Approvals. Before commencement of the Work, Applicant shall secure or cause to
be secured any and all permits which may be required by the City and any other governmental agency affected by
such construction or work.
1.4 Commencement of the Work. Within 60 days after the Effective Date, Applicant shall have
selected and authorized one or more contractors to perform the Work, and shall have provided notice to the City of
such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors to
perform the Work within such 60-day period, the City may, at its option, terminate this Agreement upon written notice
to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection
to this Agreement. All contractors performing the Work must be licensed in the State of California.
1.5 Building Permit. A Building Permit must be obtained within 6 months of the City Council’s
approval of funding. In the event the Applicant fails to obtain a Building Permit within such 6-month period, the City
may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall
have any further rights against or liability to the other in connection to this Agreement. Additional 6 months
extensions may be approved with the City’s prior written consent.
1.6 Completion of the Work. Applicant shall complete the Work and satisfy all other obligations and
conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision
from time to time as mutually agreed upon in writing between Applicant and City's Economic Development Director,
or her designee.
1.7 Insurance Requirements. Before beginning any work under this Agreement, Applicant, or its
contractor shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work hereunder by the Applicant or its
contractor and its agents, representatives, employees, and subcontractors. Applicant shall provide proof satisfactory
to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all
respects to the City. Applicant shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Applicant’s bid. Applicant shall not allow any
contractor or subcontractor to commence work on until Applicant has obtained all insurance required herein for the
contractor or subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The additional insured coverage under the
Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 12. In the event Applicant fails to maintain coverage as
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required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. All insurance required by this
section is to be placed with insurers with a Bests' rating of no less than A:VII.
1.7.1 Commercial General and Automobile Liability Insurance.
1.7.1.1 General requirements. Applicant or its contractor, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use
of owned and non-owned automobiles.
1.7.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
1.7.1.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Contractor, including the insured’s general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied, or used by Contractor; and automobiles owned,
leased, or used by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of Contractor to comply with reporting provisions of the policy shall
not affect coverage provided to City and its officers, employees, agents, and
volunteers.
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e. An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Contractor shall notify City within 14 days of notification
from Contractor’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
1.7.1.4 Verification of coverage. Prior to beginning any work under this Agreement, Applicant
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete, certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
1.7.1.5 Contractors and Subcontractors. Applicant agrees to include with all contractors or
subcontracts the same requirements and provisions of this Agreement including the
Indemnification and Insurance requirements to the extent they apply to the scope of the
Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound
to Applicant and the City in the same manner and to the same extent as Applicant is
bound to the City under the Contract Documents.
1.7.1.6 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully protected.
1.7.1.7 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
1.7.1.8 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
1.7.1.9 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Applicant shall
provide written notice to City at Applicant’s earliest possible opportunity and in no case
later than five days after Applicant is notified of the change in coverage.
1.7.2 Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain
any insurance policies or policy endorsements to the extent and within the time herein required,
City may, at its sole option exercise any of the following remedies, which are alternatives to other
remedies City may have and are not the exclusive remedy for Applicant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
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Order Applicant to stop work under this Agreement or withhold any payment that becomes due
to Applicant hereunder, or both stop work and withhold any payment, until Applicant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
1.8 Prevailing Wages. Applicant shall require any contractors performing the Work to pay prevailing
wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this
Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this
Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The
holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement
applicable to the particular craft, classification, or type of worker employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week and the
actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors
or subcontractors in connection with the Work. The payroll records shall be kept in accordance with the provisions of
Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with
requirements of such Section 1776.
1.9 Rights of Access. Representatives of the City shall have the reasonable right to access the Site,
without charges or fees, for the purpose of inspecting the Work. City (or its representatives) shall, except in
emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein
shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of
the Site in accordance with applicable law.
1.10 Improvements Cannot Be Removed by Owner or Tenant Without City’s Consent. All façade
improvements, including construction of an outdoor dining area, will become permanent fixtures of the property and
cannot be removed by owner or tenant upon expiry or termination of the lease or sale of the property. This includes,
but is not limited to tables, chairs, shade structures, lighting, fencing planter boxes and other landscaping. Exceptions
can be made with the prior written consent of the City.
1.11 Compliance with Laws; Indemnity; Waiver. Applicant shall carry out the work of Improvements
in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and
development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's
Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with
Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code
Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
Applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless the City
and its officers, employees, volunteers, agents and representatives from and against any and all present and future
liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs of
the counsel or joint-counsel retained by Applicant to defend City) (collectively, "Claims"), arising out of or in any way
connected with Applicant's obligation to comply with all laws with respect to the Work, including all Claims that may
be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and
1781.
Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers,
agents and representatives, from any and all present and future Claims arising out of or in any way connected with
this Agreement, the performance of the Work, or Applicant's obligation to comply with all laws with respect to the
Work.
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1.12 Nondiscrimination during Construction. The Applicant, for itself and its successors and
assigns, agrees that in selecting one or more contractors to perform the Work, the Applicant will not discriminate on
the basis of race, color, creed, religion, sex, age, handicap, marital status, ancestry or national origin.
2. MAINTENANCE COVENANTS. The Applicant covenants and agrees, for itself, its successors, its assigns
and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost
and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and
repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building
visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and
perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if
any, at least once a year. The foregoing covenants shall remain in effect for a period of 48 months from the
completion of the Work. During this 48-month period, Applicant agrees, for itself, its successors, its assigns and
every successor in interest, that it will not materially alter the façade, as improved with City funds, without the prior
written consent of City which consent may be conditioned by City to preserve façade features to the extent necessary
to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60
days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the
violation.
3. GENERAL PROVISIONS
3.1 Assignment. Applicant shall have the right to assign all of its rights and obligations under this
Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice
of the assignment.
3.2 Notices, Demands and Communications between the Parties. Any approval, disapproval,
demand, document or other notice ("Notice") which either party may desire to give to the other party under this
Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid,
personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is
directed at the address of the party as set forth below, or at any other address as that party may later designate by
Notice.
To City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
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To Applicant: Owner
373 Village Square
Orinda, CA 94563
Attention: Fred Delanoy
And
Tenant
6993 Dublin Boulevard
Dublin, CA 94568
Attention: Kathleen Lowe
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of
delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused
delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices
sent by a party's attorney on behalf of such party shall be deemed delivered by such party.
3.3 Relationship between City and Applicant. It is hereby acknowledged that the relationship
between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be
deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein
or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development,
operation, maintenance or management of the Site or the Work. Applicant agrees to indemnify, hold harmless and
defend City from any claim made against City arising from a claimed relationship of partnership or joint venture
between City and Applicant with respect to the development, operation, maintenance or management of the Site or
the Work.
3.4 Integration. This Agreement contains the entire understanding between the parties relating to the
transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged in this Agreement and shall be of no further force or
effect.
3.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become
effective, shall be made in writing and in each instance signed on behalf of each party.
3.6 Conflicts of Interest. No member, official or employee of City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or
association in which he is directly or indirectly interested.
3.7 Applicant's Indemnity. Applicant shall indemnify, defend (with counsel reasonably acceptable to
City), protect and hold City, and its officers, employees, agents and representatives, harmless from, any and all
Claims of any kind or nature arising out of the Work or this Agreement or the implementation hereof, including, but
not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees
and costs), which may be caused by the Work or any activities associated with the Work, whether such activities or
Work is performed by Applicant or by anyone directly or indirectly employed or contracted with by Applicant.
Applicant's indemnity obligations under this section shall survive termination of this Agreement. Applicant's indemnity
obligations under this section shall not extend to claims, demands, damages, defense costs or liability for property
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damage, bodily injury or death occasioned by the sole negligence or willful misconduct of the City, or its officers,
employees, agents or representatives.
3.8 Non-liability of Officials and Employees of City. No member, official or employee of the City
shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for
any amount which may become due to Applicant or its successors, or on any obligations under the terms of this
Agreement.
3.9 Applicable Law. The laws of the State of California, without regard to conflict of laws principles,
shall govern the interpretation and enforcement of this Agreement.
3.10 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the City
and Applicant and no other third party shall have any right of action under this Agreement.
3.11 Disclosure of Documents. Applicant acknowledges that the City is subject to the provisions of
the California Public Records Act and that any information submitted to the City may be disclosed to the extent
required by law.
3.12 Joint and Several Liability. Owner and Tenant are jointly and severally liable for any Claims
arising out of this Agreement.
3.13 Termination. In addition to City’s right to terminate under section 1.4, either party may terminate
this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations
under this Agreement.
IN WITNESS WHEREOF, City and Applicant have executed this Agreement on the respective dates set
forth below.
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Dated: February 1, 2022
CITY:
THE CITY OF DUBLIN, a public body, corporate and
politic
By:
Linda Smith,
City Manager
ATTEST:
Marsha Moore,
City Clerk
APPROVED AS TO FORM:
John Bakker,
City Attorney
OWNER:
Dublin Plaza
By:
Printed Name: Fred Delanoy
TENANT:
Hair Emporium
By:
Printed Name: Kathleen Lowe
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114.1001 2838533.1 10
EXHIBIT NO. 1
SCOPE OF WORK
Please see attached application, estimate, and rendering.
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.6
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Renewal of the Tri-Valley Tourism Marketing DistrictPrepared by:Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:The City Council will consider renewing the City of Dublin’s participation in the Tri-Valley Tourism Marketing District and grant consent to the City of Pleasanton, the District’s lead jurisdiction, to renew the Tri-Valley Tourism Marketing District.
STAFF RECOMMENDATION:Adopt the Resolution Granting Consent to the City of Pleasanton to Renew the Tri-Valley Tourism Marketing District.
FINANCIAL IMPACT:The Tri-Valley Tourism Marketing District, if renewed, will continue working to expand and increase tourism to the city which may increase transient occupancy and sales tax revenues.
DESCRIPTION:In 2005, the City Council granted consent to the City of Pleasanton as the lead jurisdiction to form the original Tri-Valley Tourism Business Improvement District (TVTBID) for the purpose of expanding tourism in the Tri-Valley cities of Dublin, Livermore, Pleasanton, and San Ramon. The intent of creating the TVTBID was to create a revenue source which promotes and supports tourism in the Tri-Valley by marketing the area to potential visitors. In 2010, the TVTBID was renewed and expanded to include the Town of Danville. In 2015, the District was renamed to the Tri-Valley Tourism Marketing District (TVTMD). The TVTMD is a special benefit assessment district, which may be renewed pursuant to the Property and Business Improvement District Law of 1994. The Law of 1994 allows for the formation of multi-jurisdictional improvement districts, with consent of the included jurisdictions being granted to one “lead” jurisdiction. The City of Pleasanton serves as the lead jurisdiction for the TVTMD.
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Visit Tri-Valley, the organization that manages the TVTMD, has been exploring the renewal of the TVTMD as the current seven-year term is set to expire June 2022. After meeting with a subcommittee of staff and hoteliers representing each of the cities within the TVTMD, Visit Tri-Valley has prepared a Management District Plan (Attachment 3) that proposes the following components with the renewal:
The renewal includes all lodging businesses with five rooms or more located within the boundaries of the identified geographic areas as opposed to the current assessment including all lodging businesses regardless of number of rooms.
The renewal is proposed to begin on July 1, 2022 for a 10-year term as opposed to the current term of seven years.
The assessment fee will continue as a flat rate per room per night (no change from current assessment).
The renewal proposes a flat rate minimum of $3.25 per room per night, up to a maximum of $4.00 within the 10-year period as opposed to the current rate of $2.25 per room per night with a maximum of $3.00. The proposed assessment budget for the initial year of the 10-year term is anticipated to be approximately $2,166,000. Participating cities and counties receive a fee equal to 1% of the amount of the assessment collected within their jurisdiction to cover the costs of collection and administration. The Pleasanton City Council has requested consent for the City of Pleasanton to continue as the lead jurisdiction in renewing the TVTMD. On January 18, 2022, the Pleasanton City Council adopted a Resolution (Attachment 4) requesting consent from the participating cities and counties to adopt the renewed TVTMD.Adopting the Resolution (Attachment 1) will give the City of Pleasanton authority to include the City of Dublin in the renewed TVTMD. Pleasanton will follow the renewal proceedings specified in the Law of 1994, including accepting petitions, adopting a resolution declaring the intent to form the TVTMD, holding a public meeting and public hearing to allow for comments, and adopting aresolution to renew the TVTMD.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted, and a copy of this Staff Report was sent to Visit Tri-Valley and the City of Pleasanton. In addition, extensive public outreach was conducted by Visit Tri-Valley staff and its board, including one-on-one meetings with hoteliers. In the City of Dublin, the majority of the lodging establishments have signed the petition agreeing to renew the district.
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ATTACHMENTS:1) Resolution Granting Consent to the City of Pleasanton to Renew the Tri-Valley Tourism Marketing District2) Exhibit A to the Resolution – Tri-Valley Tourism Marketing District Map3) Tri-Valley Tourism Marketing District Management District Plan4) City of Pleasanton Resolution No. 22-1267
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Attachment 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
GRANTING CONSENT TO THE CITY OF PLEASANTON TO RENEW THE TRI-VALLEY
TOURISM MARKETING DISTRICT
WHEREAS, the City of Pleasanton created the Tri-Valley Tourism Marketing District (TVTMD)
in 2006 pursuant to the Property and Business Improvement District Law of 1994, Streets and
Highways Code section 36600 et seq., to promote tourism and the lodging businesses in the Tri-
Valley area; and
WHEREAS,the City Council of the City of Pleasanton has requested consent to renew the
TVTMD in the City of Dublin with adoption of Pleasanton City Council Resolution No. 22-1267, dated
January 18, 2022.
NOW, THEREFORE, BE IT RESOLVED by 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 Pleasanton is hereby granted consent to include the City of Dublin in
the TVTMD, as shown in Exhibit A to this Resolution, for the renewal of the TVTMD and future
renewals.
Section 3: The City Clerk is hereby directed to transmit a certified copy of this Resolution to
the City Clerk of the City of Pleasanton.
Section 4: This Resolution is effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 1st day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
____________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
Tri-Valley Tourism Management District Map
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2022-2032
October 19, 2021 Prepared pursuant to the Property and Business Improvement District
Law of 1994, Streets and Highways Code section 36600 et seq.
TRI-VALLEY TOURISM MARKETING DISTRICT
MANAGEMENT DISTRICT PLAN
Attachment 3
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CONTENTS
Contents
I. OVERVIEW ........................................................................................................................................ 3
II. ACCOMPLISHMENTS ..................................................................................................................... 5
III. BACKGROUND ................................................................................................................................ 6
IV. BOUNDARY ....................................................................................................................................... 7
V. ASSESSMENT BUDGET AND SERVICES ................................................................................ 8
A. Annual Service Plan ............................................................................................................ 8
Sales & Marketing ........................................................................................................................ 9
Destination Development ............................................................................................................ 9
Administration and Operations .................................................................................................. 10
Contingency & Reserve .............................................................................................................. 10
Collection Fee ............................................................................................................................ 10
B. Annual Budget .................................................................................................................. 10
C. California Constitutional Compliance .............................................................................. 11
D. Assessment ........................................................................................................................ 13
E. Penalties and Interest ........................................................................................................ 14
F. Time and Manner for Collecting Assessments ................................................................. 14
VI. GOVERNANCE ............................................................................................................................... 15
A. Owners’ Association ......................................................................................................... 15
B. Brown Act and California Public Records Act Compliance ............................................ 15
C. Annual Report ................................................................................................................... 15
APPENDIX 1 – LAW .................................................................................................................................... 16
APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 27
Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
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TVTMD Management District Plan 3
October 19, 2021
I. OVERVIEW
Developed by Visit Tri-Valley (VTV) and lodging business owners, the Tri-Valley Tourism Marketing
District (TVTMD) is an assessment district proposed to provide specific benefits to payors, by funding
marketing and sales promotion efforts for assessed businesses. This approach has been used
successfully in other destination areas throughout the country to provide the benefit of additional
room night sales directly to payors. The TVTMD was formed in 2006 as the Tri-Valley TMD for a
five (5) year term and renewed in 2010, and again in 2015 for a seven (7) year term. VTV and Tri-
Valley area lodging businesses now wish to renew the TVTMD for a ten (10) year term. Pursuant to
Streets and Highways Code §36620.5, the City of Pleasanton will continue to act as the lead jurisdiction
for renewing the TVTMD. The City of Pleasanton will continue to receive TVTMD annual reports.
Location: The TVTMD includes all lodging businesses with five (5) rooms or more located
within the boundaries of the Town of Danville (Town), the cities of Dublin,
Livermore, and Pleasanton (Cities) and those portions of the unincorporated areas of
Contra Costa and Alameda Counties (Counties), which include the communities of
Alamo, Blackhawk, and Sunol, the portion of the counties that lies between the cities
of Pleasanton and Livermore, and that portion of Alameda County which lies
southeast of Interstate 580, as shown on the map in Section IV.
Services: The TVTMD is designed to provide specific benefits directly to payors by increasing
awareness and demand for room night sales. Sales & marketing and destination
development programs will increase demand for overnight visits and market payors as
tourist, meeting and event destinations, thereby increasing demand for room night
sales.
Budget: The total TVTMD annual assessment budget for the initial year of its ten (10) year
operation is anticipated to be approximately $2,166,000. A similar budget is expected
to apply to subsequent years, but this budget is expected to fluctuate as room sales do,
and if the assessment rate is increased pursuant to this Plan. The budget is based on
the most recent revenue reports from 2020.
Cost: The annual assessment rate is three dollars and twenty-five cents ($3.25) of gross short-
term room rental revenue. Based on the benefit received, assessments will not be
collected on: stays of more than thirty (30) consecutive days, nor on stays by any
Federal or State of California officer or employee when on official business who makes
a claim that they are exempt, nor on stays by any officer or employee of a foreign
government who is exempt by reason of express provision of federal law or
international treaty. The annual assessment rate may be subject to an increase each
year starting in the third year, the amount of which shall be determined by the VTV
Board, as described in Section V. The total assessment rate may not exceed four dollars
($4.00).
Collection: Each City, Town and County shall be responsible for collecting the assessment on a
quarterly basis (including any delinquencies, penalties and interest) from each lodging
business located in their respective jurisdictions within the boundaries of the TVTMD.
Each City, Town and County shall take all reasonable efforts to collect the assessments
from each lodging business. On a quarterly basis, each City, Town and County shall
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TVTMD Management District Plan 4
October 19, 2021
forward the assessment collected to the City of Pleasanton, which shall forward the
assessments collected to the Owners’ Association.
Duration: The renewed TVTMD will have a ten (10) year life, beginning July 1, 2022, or as soon
as possible thereafter, and end ten (10) years from its start date. Once per year,
beginning on the anniversary of TVTMD renewal, 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 TVTMD termination. At the discretion of the
Owners’ Association, notification may be sent to lodging busines s owners by the
Owners’ Association in advance of the aforementioned thirty (30) day period.
Management: Visit Tri-Valley (VTV) shall continue to serve as the TVTMD’s Owners’ Association.
The Owners’ Association is charged with managing funds and implementing programs
in accordance with this Plan, and must provide annual reports to the Pleasanton City
Council. The Owners’ Association must provide an annual report to membership and
the City of Pleasanton.
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TVTMD Management District Plan 5
October 19, 2021
II. ACCOMPLISHMENTS
The TVTMD was initially formed in 2006 and was most recently renewed in 2015 for a seven (7) year
term. Over the course of the past seven (7) years, VTV has successfully executed hundreds of
marketing campaigns, promotions and generated leads through sales events that brought more ‘heads
in beds’ and ‘cheeks in seats’ to the region. With a current team of six (6) full time employees, VTV
has accomplished the following highlights over the past two (2) years alone:
• Certification by Destination International as a Destination Marketing Accredited Program
(DMAP);
• Recipient of the DMA West Best Idea Award 2019: Tri-Valley Ice Cream Trail;
• National Finalist for the US Travel Association Destiny Award 2019: Best DMO Website;
• Recipient of the Hermes Creative Award 2018 Gold Award: Tri-Valley Ice Cream Trail Video;
• New home of Tri-Valley Film Office;
• Delivered twelve (12) advertising campaigns annually;
• Produced the Tri-Valley Annual Visitors Guide (print and digital) and monthly
consumer/stakeholder newsletters, collateral and branded swag;
• Inaugural Taste Tri-Valley Restaurant Week;
• 123k annual referrals to business listings on www.visittrivalley.com;
• Hosted 15+ journalists / 20m media impressions annually;
• Implemented Cultural Heritage Tourism Initiative across two counties;
• International and California Public Relations representation;
• Local Recovery Campaign “ToTriValleywithLove.com” with five (5) cities;
• Created multiple visitor ‘trails’: beer, wine, caffeine, ice cream;
• Collaborated with regional partners and Booking.com for additional hotel revenues;
• Booked high profile sporting events annually with significant ROI for members (i.e.: USA
Water Polo, USA Weightlifting and USA Gymnastics);
• Trained front-line staff through “I AM TRI-VALLEY” educational platform;
• Provided free membership in California Hotel & Lodging Association for 40 hotels;
• Attended dozens of industry tradeshows with event and meeting planners for leads;
• Increased social media presence across Instagram, Facebook, Pinterest and Tiktok;
• Sponsored local events/ festivals (Scottish Games, Beer Festival, Concerts in the Park); and
• Provided essential crisis communications during pandemic and fires.
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TVTMD Management District Plan 6
October 19, 2021
III. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed
in West Hollywood, California in 1989. Since then, over 100 California destinations have followed
suit. In recent years, other states have begun adopting the California model – Montana, South Dakota,
Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the
process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used
an existing business improvement district law to form a TBID. And, some cities, like Portland,
Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a
state law.
California’s TMDs collectively
raise over $300 million annually
for local destination marketing.
With competitors raising their
budgets, and increasing rivalry
for visitor dollars, it is
important that Tri-Valley
lodging businesses continue to
invest in stable, lodging-specific
marketing programs.
TMDs utilize the efficiencies of
private sector operation in the
market-based promotion of tourism districts. TMDs allow lodging business owners to organize their
efforts to increase demand for room night sales. Lodging business owners within the TMD pay an
assessment and those funds are used to provide services that increase demand for room night sales.
In California, most TMDs are formed pursuant to the Property and Business Improvement District
Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a
specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds
raised are returned to the private non-profit corporation governing the district.
There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those
who pay;
• Funds cannot be diverted to general government programs;
• They are customized to fit the needs of payors in each destination;
• They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and
• They provide a stable, long-term funding source for tourism promotion.
1 2 4 6 9 12 19 25 29 32 38 46
61 64 70 75
88 95 99 101104109110
0
20
40
60
80
100
120
19891995200020012002200320042005200620072008200920102011201220132014201520162017201820192020Number of Districts Operating in
California
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IV. BOUNDARY
The proposed TVTMD includes all lodging businesses with five (5) rooms or more located within the
boundaries of the Town of Danville, the cities of Dublin, Livermore, and Pleasanton and those
portions of the unincorporated areas of Contra Costa and Alameda Counties shown on the map
below, which include the communities of Alamo, Blackhawk, and Sunol, the portion of the counties
that lies between the cities of Pleasanton and Livermore, and that portion of Alameda County which
lies southeast of Interstate 580.
As used herein the term “lodging business” means any structure, or any portion of any structure,
which is occupied or intended or designed for occupancy by transients for sleeping purposes. Lodging
business includes any hotel, apartment complex, inn, motel, studio hotel, bachelor hotel, lodging
house, or rooming house. Lodging business does not include vacation rentals.
The TVTMD’s boundaries shall remain conterminous with each participating jurisdiction’s
boundaries. Therefore, future lodging businesses annexed into the participating jurisdiction’s after
the establishment of the TVTMD shall automatically be included within the TVTMD’s boundaries
when the responsible jurisdiction’s Financial Officer issues a lodging license to that lodging business.
The TVTMD, as shown below, will initially consist of forty (40) lodging businesses. The boundaries
shall be the boundaries as noted above of each jurisdiction as may be amended from time to time. A
complete listing of lodging businesses within the TVTMD can be found in Appendix 2.
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V. 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 TVTMD funds are sales & marketing and destination development programs available only
to assessed businesses.
A service plan assessment budget has been developed to deliver services that benefit the assessed
businesses. A detailed annual assessment budget will be developed and approved by VTV. The table
below illustrates the initial annual assessment budget allocations. The total initial assessment budget
is $2,166,000.
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the
budget shall remain the same. However, the City and the VTV board shall have the authority to adjust
budget allocations between the categories by no more than fifteen percent (15%) 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 TVTMD, any and all assessment funds may be used for the costs of defending the
TVTMD.
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 VTV on an as- needed basis.
Sales & Marketing,
$1,407,900 , 65%
Destination
Development,
$216,600 , 10%
Administration,
$389,880 , 18%
Collection Fee,
$43,320 , 2%
Contingency/Renewal,
$108,300 , 5%
Initial Annual Assessment Budget -
$2,166,000
112
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Sales & Marketing
A sales, marketing, and communications program will promote assessed lodging businesses as a
leisure, meeting, and event destinations. The sales, marketing, and communications program will have
a central theme of promoting the Tri-Valley area as a desirable place for overnight visits. The program
will have the goal of increasing overnight visitation and room night sales at assessed lodging
businesses, and may include, but is not limited to, the following activities:
• Internet marketing efforts to increase awareness and optimize internet presence to drive
overnight visitation and room sales to assessed lodging businesses; Print ads in magazines and
newspapers, television ads, and radio ads targeted at potential visitors to drive overnight
visitation and room sales to assessed lodging businesses;
• Building the Tri-Valley branding and local destination marketing to attract overnight visitation
to assessed businesses and the TVTMD;
• Attendance of trade shows to promote assessed lodging businesses;
• Sales blitzes or sponsorships for assessed lodging businesses;
• Familiarization tours of assessed lodging businesses;
• Preparation and production of collateral promotional materials such as brochures, guides,
flyers and maps featuring assessed lodging businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed
lodging businesses;
• Lead generation activities designed to attract tourists and group events to assessed lodging
businesses;
• Director of Sales and General Manager meetings to plan and coordinate tourism promotion
efforts for assessed lodging businesses;
• Education of hospitality staff on service and safety (related to alcohol and food) designed to
create a visitor experience that will bring repeat visits to assessed lodging businesses;
• Education of lodging business management and the Owners’ Association on marketing
strategies best suited to meet assessed lodging businesses’ needs; and
• Efforts supporting the Tri-Valley Film Office.
Destination Development
The Destination Development program will provide funding to assist in the building or financing of
well-vetted capital improvement projects or programs which attract overnight visitors to assessed
businesses. These projects may include, but is not limited to, the following activities:
• Comprehensive and integrated wayfinding signage system enhancements including signage
to parking decks and lots;
• Art and cultural projects or programs, to attract overnight visitors;
• Gateway enhancements to attract overnight visitors;
• Improvements to existing parks and facilities utilized by overnight visitors;
• Safe and fun entertainment complex for young teens and adults utilized by overnight
visitors;
• Live music venue which attracts overnight visitors;
• Infrastructure improvements that enhance Tri-Valley’s competitive position to attract
desirable special events year-round and attract overnight visitors;
• Destination product development research and master planning;
• Advocacy programs, memberships and partnerships dedicated to provide unified
communication, engagement and leadership;
• Welcome center and kiosk development and brand-centric visitor services training program
for both public and private sector staff; and
• Infrastructure improvements that enhance Tri-Valley’s competitive position to attract
desirable special events year-round and attract overnight visitors.
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Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing
costs, office costs, and other general administrative costs such as insurance, legal and accounting fees.
Contingency & Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. 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 VTV Board. 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 VTV Board. Contingency/reserve funds may be spent on District programs
or administrative and renewal costs in such proportions as determined by the VTV Board. The reserve
fund may be used for the costs of renewing the TVTMD.
Collection Fee
The Town of Danville, the cities of Dublin, Livermore, and Pleasanton, and the counties of Alameda
and Contra Costa shall each be paid a fee equal to one percent (1%) of the amount of assessment
collected within their jurisdiction to cover their costs of collection and administration. The City of
Pleasanton shall be paid a fee equal to one percent (1%) of the amount of assessment collected in
within its jurisdiction, plus one percent (1%) of the total assessment collected from all jurisdictions,
to cover its costs of collection and administration.
B. Annual Budget
The total ten (10) year improvement and service plan budget is projected at approximately $2,166,000
annually, or $29,546,246 through 2032 if the maximum assessment rates are adopted. A similar budget
is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and
if the assessment rate is increased. The budget is based on the most recent revenue reports from 2020.
If the maximum annual assessment increases are adopted by the Owners’ Association upon approval
from the Pleasanton City Council, the annual budget will increase as illustrated in the table below. The
annual assessment rate may be subject to an increase each year starting in the third year, the amount
of which shall be determined by the VTV Board. The total assessment rate may not exceed four dollars
($4.00).
The assessment rate shall be three dollars and twenty-five cents ($3.25) in the first year of the renewal,
and increases may be implemented in later years at the discretion of the Owners’ Association . The
table below demonstrates the maximum with the assumption that the rates will be increased to the
maximum possible rate of four dollars ($4.00) in year three; as it is a required disclosure, it is not the
anticipated course of action. Alternate courses of action may be taken in regards to implementing the
assessment rate increase other than what is demonstrated in the chart below, within the parameters of
this Management District Plan. Additionally, a three percent (3%) annual increase in the total budget
is shown, to account for estimated increased room night sales as a result of TVTMD efforts. This
three percent (3%) annual increase is a conservative estimate based on the effects of similarly sized
TMD budgets.
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Estimated Annual Budget If Maximum Assessment Rates
Are Adopted
Year
Sales &
Marketing
Destination
Development Administration Collection Fee Contingency/
Renewal Total
2022/23 $1,407,900 $216,600 $389,880 $43,320 $108,300 $2,166,000
2023/24 $1,450,137 $223,098 $401,576 $44,620 $111,549 $2,230,980
2024/25 $1,838,327 $282,820 $509,075 $56,564 $141,410 $2,828,196
2025/26 $1,893,477 $291,304 $524,347 $58,261 $145,652 $2,913,042
2026/27 $1,950,281 $300,043 $540,078 $60,009 $150,022 $3,000,433
2027/28 $2,008,790 $309,045 $556,280 $61,809 $154,522 $3,090,446
2028/29 $2,069,053 $318,316 $572,969 $63,663 $159,158 $3,183,159
2029/30 $2,131,125 $327,865 $590,158 $65,573 $163,933 $3,278,654
2030/31 $2,195,059 $337,701 $607,862 $67,540 $168,851 $3,377,014
2031/32 $2,260,911 $347,832 $626,098 $69,566 $173,916 $3,478,324
Total $19,205,060 $2,954,625 $5,318,324 $590,925 $1,477,312 $29,546,246
The table below demonstrates the annual improvement and service plan budget with the assumption
that the rates will not be increased during the TVTMD’s ten (10) year term. Additionally, a three
percent (3%) annual increase in the total budget is shown, to account for estimated increased room
night sales as a result of TVTMD efforts.
Estimated Annual Budget If Maximum Assessment Rates
Are Not Adopted
Year Sales &
Marketing
Destination
Development
Administration Collection Fee Contingency
/Renewal
Total
2022/23 $1,407,900 $216,600 $389,880 $43,320 $108,300 $2,166,000
2023/24 $1,450,137 $223,098 $401,576 $44,620 $111,549 $2,230,980
2024/25 $1,493,641 $229,791 $413,624 $45,958 $114,895 $2,297,909
2025/26 $1,538,450 $236,685 $426,032 $47,337 $118,342 $2,366,847
2026/27 $1,584,604 $243,785 $438,813 $48,757 $121,893 $2,437,852
2027/28 $1,632,142 $251,099 $451,978 $50,220 $125,549 $2,510,988
2028/29 $1,681,106 $258,632 $465,537 $51,726 $129,316 $2,586,317
2029/30 $1,731,539 $266,391 $479,503 $53,278 $133,195 $2,663,907
2030/31 $1,783,486 $274,382 $493,888 $54,876 $137,191 $2,743,824
2031/32 $1,836,990 $282,614 $508,705 $56,523 $141,307 $2,826,139
Total $16,139,996 $2,483,076 $4,469,537 $496,615 $1,241,538 $24,830,763
C. California Constitutional Compliance
The TVTMD 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 TVTMD 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.
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
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Two of these exceptions apply to the TVTMD, 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
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 TVTMD. The activities described
in this Plan are specifically targeted to increase demand for room night sales for assessed lodging
businesses within the boundaries of the TVTMD, and are narrowly tailored. TVTMD funds will be
used exclusively to provide the specific benefit of increased demand for room night sales directly to
the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in
TVTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for
from assessment revenues are business services constituting and providing specific benefits to the
assessed businesses.
The assessment imposed by this TVTMD 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 demand for room night sales. The specific benefit of an increase in demand for room
night sales for assessed lodging businesses will be provided only to lodging businesses paying the
district assessment, with marketing & sales and destination development programs promoting lodging
businesses paying the TVTMD assessment. The marketing & sales and destination development
programs will be designed to increase room night sales at each assessed lodging businesses. Because
they are necessary to provide the marketing & sales and destination development programs that
specifically benefit the assessed lodging businesses, the administration and contingency services also
provide the specific benefit of increased demand for room night sales to the assessed lodging
businesses.
Although the TVTMD, 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 TVTMD 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
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)
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TVTMD Management District Plan 13
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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
TVTMD 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
will be managed by the VTV, and reports submitted on an annual basis to the City. Only assessed
lodging businesses will be featured in marketing materials, receive sales leads generated from TVTMD-
funded activities, be featured in advertising campaigns, and benefit from other TVTMD-funded
services. Non-assessed lodging businesses will not receive these, nor any other, TVTMD-funded
services and benefits.
The TVTMD-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
lodging businesses receive incremental room nights, that portion of the promotion or program
generating those room nights shall be paid with non-TVTMD funds. TVTMD 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 room nights for non-assessed businesses.
D. Assessment
The annual assessment rate is three dollars and twenty-five cents ($3.25) of gross short-term room
rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than
thirty (30) consecutive days, nor on stays by any Federal or State of California officer or employee
when on official business who makes a claim that they are exempt, nor on stays by any officer or
employee of a foreign government who is exempt by reason of express provision of federal law or
international treaty. The annual assessment rate may be subject to an increase each year starting in
the third year, the amount of which shall be determined by the VTV Board, as described in Section
V. The total assessment rate may not exceed four dollars ($4.00).
The term “gross room rental revenue” as used herein means: the consideration charged, whether or
not received, for the occupancy of space in a lodging business valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of
any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not
include any federal, state or local taxes collected, including but not limited to transient occupancy
taxes.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the
assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of
assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the
amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for
payment from the business. If the TVTMD assessment is identified separately it shall be disclosed as
the “TVTMD Assessment.” As an alternative, the disclosure may include the amount of the TVTMD
assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing
Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The
assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if
it is passed on to transients. The assessment shall not be considered revenue for any purpose,
including calculation of transient occupancy taxes.
6 Government Code § 53758(b)
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Bonds may be issued.
E. Penalties and Interest
The TVTMD shall reimburse the Cities, Town and Counties for any costs associated with collecting
unpaid assessments. If sums in excess of the delinquent TVTMD assessment are sought to be
recovered in the same collection action by the City, the TVTMD 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. Any business which fails to pay any assessment within the time required shall pay a penalty
of ten percent (10%) of the amount of the assessment in addition to the amount of the
assessment.
2. Any business which fails to remit any delinquent assessment on or before a period of 30
days following the date on which the assessment first became delinquent shall pay a second
delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the
amount of the assessment and the ten percent (10%) penalty first imposed.
3. If it is determined that the nonpayment of any assessment 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 above.
4. In addition to the penalties imposed, any business which fails to remit any assessment 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 assessment
first became delinquent until paid.
5. Every penalty imposed and such interest as accrues shall become a part of the assessment
required to be paid.
F. Time and Manner for Collecting Assessments
The TVTMD assessment will be implemented beginning beginning July 1, 2022, or as soon as possible
thereafter, and end ten (10) years from its start date. Each City, Town and County will be responsible
for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest)
from each lodging business located in the boundaries of the TVTMD. Each City Town and County
shall take all reasonable efforts to collect the assessments from each lodging business. On a quarterly
basis, each City, Town and County shall forward the assessment collected to the City of Pleasanton.
The City of Pleasanton shall forward the assessments collected to the Owners’ Association.
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VI. GOVERNANCE
A. Owners’ Association
The Pleasanton City Council, 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 TVTMD as defined in Streets and
Highways Code §36612. The Pleasanton City Council has determined that Visit Tri-Valley will
continue to serve as the Owners’ Association for the TVTMD.
More than one-half of the members of the Visit Tri-Valley Board of Directors shall be representatives
of assessed lodging businesses.
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 VTV board and certain committees
must be held in compliance with the public notice and other requireme nts 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 VTV 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.
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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT ***
(ALL 2020 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
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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 i n 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”
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“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 owner s’ 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 deli berated, 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.
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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 par t 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 benef it 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
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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 in clude 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 activ ities, 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 impr ovements,
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 consis tent 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 t he 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.
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(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 propos ed 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. Notwi thstanding
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 Gover nment 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 b e 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 protest s
are received from the owners or authorized representatives of businesses in the proposed district that will pay
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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 percen t, 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 rema ining
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 ado pt, 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 forma tion 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 prope rty,
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, maintena nce, 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.
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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 b usiness 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 a nd
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 th e 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.
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(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
36625. 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 consis tent 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). E ither 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.
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(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 dist rict.
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
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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 h earing
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.
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TVTMD Management District Plan 27
October 19, 2021
APPENDIX 2 – ASSESSED BUSINESSES
HOTEL/MOTEL NAME Address City Zip
Best Western Sycamore Inn 803 Camino Ramon Danville 94526
Aloft 4075 Grafton St. Dublin 94568
Extended Stay America 4500 Dublin Blvd Dublin 94568
Holiday Inn 6680 Regional St Dublin 94568
Hyatt Place 4950 Hacienda Dr Dublin 94568
La Quinta Inn & Suites 6275 Dublin Blvd Dublin 94568
America's Best Value Inn 1421 First St Livermore 94550
Del Valle Lodge 3979 First St Livermore 94551
Extended Stay America 2380 Nissen Dr Livermore 94550
Motel 6 4673 Lassen Rd Livermore 94550
Sands Motel 3787 First St Livermore 94551
Springtown Inn 933 Bluebell Dr Livermore 94550
Studio Inn 1321 Portola Ave Livermore 94551
Home2 Suites 2625 Constitution Dr. Livermore 94551
Residence Inn 5200 Wolf House Drive Livermore 94588
Best Western Plus Vineyard Inn 7600 Southfront Rd Livermore 94551
Courtyard by Marriott 2929 Constitution Dr Livermore 94551
The Good Hotel 720 Las Flores Rd Livermore 94551
Hampton Inn 2850 Constitution Dr Livermore 94551
Hawthorn Suites by Wyndham 1700 N. Livermore Ave Livermore 94551
Hilton Garden Inn 2801 Constitution Dr Livermore 94551
Holiday Inn Express Hotel & Suites 3000 Constitution Dr Livermore 94551
Homewood Suites by Hilton 5400 Wolf House Dr. Livermore 94551
La Quinta Inn 7700 Southfront Rd Livermore 94551
Purple Orchid Wine Country Resort & Spa 4549 Cross Rd Livermore 94550
Quality Inn & Suites 5959 Preston Ave Livermore 94551
SenS Extended-Stay Residence Inn 1000 Airway Blvd Livermore 94551
Best Western Pleasanton Inn 5375 Owens Ct Pleasanton 94588
Extended Stay America Deluxe 4555 Chabot Dr Pleasanton 94588
Motel 6 5102 Hopyard Road Pleasanton 94588
The Rose Hotel 807 Main St Pleasanton 94566
Tri-Valley Inn & Suites 2025 Santa Rita Rd Pleasanton 94566
Courtyard by Marriott 5059 Hopyard Rd Pleasanton 94588
Doubletree by Hilton Pleasanton at the Club 7050 Johnson Dr Pleasanton 94588
Four Points by Sheraton 5115 Hopyard Rd Pleasanton 94588
Hyatt House 4545 Chabot Dr Pleasanton 94588
Larkspur Landing Hotel 5535 Johnson Dr Pleasanton 94588
Marriott Pleasanton 11950 Dublin Canyon Rd Pleasanton 94588
Residence Inn by Marriott 11920 Dublin Canyon Rd Pleasanton 94588
AC Marriott 5990 Stoneridge Mall Rd Pleasanton 94588
131
Attachment 4
132
133
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Page 1 of 2
Agenda Item 4.7
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Resolution in Support of Bay Adapt: Regional Strategy for a Rising BayPrepared by:John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:The City Council will consider adopting a Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay. This item is in response to a January 11, 2022, Item 9 request.
STAFF RECOMMENDATION:Adopt the Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay.
FINANCIAL IMPACT:None.
DESCRIPTION:This item is in response to a January 11, 2022, Item 9 request for a resolution to support Bay Adapt: Regional Strategy for a Rising Bay. Bay Adapt: Regional Strategy for a Rising Bay is an initiative to establish regional agreement on the actions necessary to protect people and the natural and built environment from rising sea levels. Convened by the San Francisco Bay Conservation and Development Commission (BCDC)and in partnership with a broad range of Bay Area leaders and organizations, the group has developed the Bay Adapt Joint Platform. The Platform outlines the guiding principles and region-wide goals, actions, and tasks to help the Bay Area achieve faster, better, and more equitable adaptation to a rising bay.The platform includes nine actions, including: 1. Collaborate on a “One Bay” vision to adapt to rising sea levels.2. Elevate communities to lead.3. Broaden public understanding of climate change science and impacts.4. Base plans and projects on the best science, data, and knowledge.
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Page 2 of 2
5. Align local and regional plans into a unified adaptation approach.6. Figure out how to fund adaptation.7. Refine and accelerate regulatory approvals processes.8. Fund and facilitate faster adaption projects.9. Track and report progress to guide future actions. An executive summary of the Plan can be found in Attachment 2.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay2) Bay Adapt Executive Summary
136
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
IN SUPPORT OF BAY ADAPT:
REGIONAL STRATEGY FOR A RISING BAY
WHEREAS,climate change is accelerating rising sea levels, increasing storm frequency
and intensity, and moving groundwater toward the surface. The confluence of more intense
winter storms, extreme high tides, and higher runoff, with higher sea levels, will increase the
frequency and duration of shoreline flooding long before areas are permanently inundated by
sea level rise alone; and
WHEREAS, a major storm within the next decade in the Bay Area could result in
temporary flooding impacts to 13,000 existing housing units and 70,000 planned housing units,
28,000 socially vulnerable residents, 104,000 existing jobs and 85,000 planned jobs, and 20,000
acres of wetlands habitat that may become permanently inundated within 40 years; and
WHEREAS,there are multiple local, regional, state, and federal government agencies
with authority over the Bay and its shoreline, and while local governments have broad authority
over shoreline land use they have limited resources to address climate change adaptation; and
WHEREAS, the San Francisco Bay Area is a vibrant, diverse, ecologically unique,
innovative, and pioneering region that will be deeply and deleteriously affected by climate
change without tremendous effort and investments to adapt to a constantly changing shoreline.
The San Francisco Bay shoreline constitutes approximately one-third of the California coastline,
but the Bay Area is estimated to experience two-thirds of the negative economic impacts due to
the flooding that would occur absent adequate measures to adapt and protect people, places,
and habitat; and
WHEREAS,the Bay Area region’s most socioeconomically vulnerable frontline
communities are at the greatest risk of exposure to climate threats, and the impacts of historic
and ongoing social and economic marginalization will compound the risks posed by flooding to
those communities by reducing a community’s or individual’s ability to prepare for, respond to,
and/or recover from a flood event; and
WHEREAS, the Bay ecosystem is already stressed by human activities that have
drastically lowered its adaptive capacity, and climate change will further alter that ecosystem by
inundating or eroding remaining wetlands, changing sediment dynamics, altering species
composition, increasing the acidity of Bay waters, changing freshwater flows and/or salinity,
altering the food web, and impairing water quality. Moreover, further loss of tidal wetlands will
increase the risk of shoreline flooding; and
WHEREAS, flood damage to vital shoreline development, public infrastructure, and
facilities such as neighborhoods, commercial centers, airports, seaports, regional transportation
facilities, landfills, contaminated lands, and wastewater treatment facilities absent adaptation will
require costly repairs and likely will result in the interruption or loss of vital services, large-scale
social dislocation, and degraded environmental quality; and
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3
WHEREAS,the increasingly frequent and severe impacts of climate change in the Bay
Area do not conform to jurisdictional boundaries or the planning and regulatory authorities of
any one agency or organization; and
WHEREAS,in 2019, BCDC, in collaboration with a Leadership Advisory Group
consisting of 35 Bay Area public, private, and non-profit leaders, embarked on the development
of “Bay Adapt,” a consensus-driven strategy for regional sea level rise adaptation. The
Leadership Advisory Group includes representatives from numerous public agencies, including
the Association of Bay Area Governments/Metropolitan Transportation Commission
(MTC/ABAG), San Francisco Bay Regional Water Quality Control Board, State Coastal
Conservancy, Caltrans, BARC, BART, East Bay Regional Parks, US Army Corps of Engineers,
San Francisco Bay Restoration Authority, San Francisco Public Utility Commission, Marin
County, and BCDC, as well as environmental justice, environmental, business, scientific, civic,
organizations, local government and flood manager networks, and academia; and
WHEREAS,in 2020 and 2021, hundreds of stakeholders participated in the creation of
the “Bay Adapt Joint Platform” through nine Leadership Advisory Group meetings, two public
forums, many expert Working Group meetings, ten community and stakeholder focus groups,
over 50 presentations to local governments around the region, and a month-long public
feedback opportunity; and
WHEREAS,the Bay Adapt Joint Platform lays out a set of guiding principles, priority
actions, and vital tasks whose implementation will enable the region, and most notably local
governments, to adapt faster, better, and more equitably to a rising San Francisco Bay. If
fulfilled, it will reduce flood risks for communities, businesses, infrastructure, and habitat;
increase technical assistance for local governments and funding for adaptation; protect natural
areas and wildlife; recognize and equitably support low-income, frontline communities; robustly
integrate adaptation into community-focused local plans; and accelerate permitting and project
construction of local adaptation projects; and
WHEREAS,the Bay Adapt Leadership Advisory Group supports the Joint Platform and
many members agreed to help implement it at its October 2021 meeting, the BARC Governing
Board endorsed it on September 17th 2021, and BCDC adopted the Joint Platform on October
21st 2021; and
WHEREAS,implementing the Joint Platform’s many and varied actions and tasks goes
beyond the capacity of any single organization or jurisdiction, requires strong and diverse
leadership and participation in all aspects of its implementation, and a broad coalition of
stakeholders share responsibility for the success of the tasks outlined in the Joint Platform.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
supports the Bay Adapt Joint Platform, a regional strategy for a rising Bay, including the guiding
principles, actions, and tasks contained within.
BE IT FURTHER RESOLVED that the City Council looks forward to championing and
supporting the implementation of Bay Adapt to ensure that it serves the City of Dublin and the
larger Bay Area in achieving resilient and equitable adaption to sea level rise.
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3
PASSED, APPROVED AND ADOPTED this 1
st day of February 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
139
The Bay is Rising
The time to come together to act is now.
Sea level rise is no longer a distant threat and the San Francisco
Bay Area stands to be one of the hardest hit in North America.
It’s past time for us to get ready.
As we walk the dog along our favorite waterfront, the waves don’t seem any taller.
As we wait in traffic at the Bay Bridge toll plaza, the water level looks the same as
ever. But the Bay has already started spilling into our highways and street during
storms. Another foot or two of rise will seriously affect our homes, jobs, habitats,
and safety. San Francisco Bay Area has an enormous amount at stake—and an
unprecedented opportunity to address these risks.
At risk of flooding by 2040
28,000 socially vulnerable residents
13,000 existing housing units and
another 70,000 new housing units
104,000 existing jobs and another
85,000 new jobs
20,000 acres of wetlands,
lagoon and tidal marsh habitat
5 million daily highway
vehicle trips
60,000 daily rail
commuters
Impacts from flooding that could occur at 48” Total Water Level from the
ART Bay Area Regional Sea Level Rise Vulnerability and Adaptation Study.
Why shared solutions?
‣Sea level rise will impact everyone in the Bay Area.
‣A regional problem requires regional solutions.
‣Flooding know no boundaries and doesn’t care about jurisdictional lines.
‣Solutions should center on the most vulnerable people and environments.
‣Bay Adapt is building regional consensus on a joint platform of nine
actions that address the region’s strengths and weaknesses, enabling us
to respond faster, better and together.
‣Only with strong local and regional
actions can we ensure the safety and
welfare of all the Bay Area.
Attachment 2
140
2
The Joint Platform
A regional strategy for a rising Bay
Bay Adapt has worked to establish
regional agreement on the actions
necessary to protect the Bay
Area’s people and natural and built
environments from sea level rise.
Bay Adapt is convened by the San Francisco
Bay Conservation and Development
Commission, a state agency, in partnership
with a broad range of Bay Area leaders.
Through dozens of expert working groups, a
public forum, ten community and stakeholder
focus groups, over 50 presentations, an
environmental justice caucus, and led by a
Leadership Advisory Group—hundreds of
people from across the Bay came together
to achieve a consensus-driven strategy and
regional agreement on a path forward.
Rather than calling for individual projects,
the Joint Platform lays out guiding principles
and region-wide goals, actions, and tasks to
help the Bay Area achieve faster, better, and
more equitable adaptation to a rising Bay.
• Reduced flood risk for communities,
businesses, infrastructure, and habitats.
• Protection of natural areas and wildlife.
• Robust integration of adaptation into
community-focused local plans.
• Recognition and equitable support for low
income communities.
• Accelerated permitting and project
construction.
• Technical assistance for local governments.
• More funding for adaptation.
Guiding Principles
‣Support socially-vulnerable communities
‣Put nature first whenever possible
‣Solve interconnected problems at the same time
‣Practice inclusive, community-led governance and decision-making
‣Support existing efforts but plan for the long term
‣Pick the right strategy for the right place at the right time
Working together as one region
Centering people and nature through a shared set of solutions
The Bay Area is one of the most culturally and geographically diverse places in the country. The risks of
sea level rise, and resources necessary to adderss them, are unequal across the Bay Area. This is why
all nine actions in the Joint Platform emphasize achieving equitable outcomes for the region. We also
know our region’s wetlands are essential to our wellbeing – and also first at risk.
We cannot solve these challenges alone. Bay Adapt has been working with partners across the
region to integrate and embed Joint Platform actions into existing regional plans and practices. MTC-
ABAG’s Plan Bay Area 2050, set to be published in 2021, now incorporates multi-hazards, including
sea level rise. The Estuary Blueprint, a map for regional actions on the health and resilience of Bay
ecosystems, is also aligning Bay Adapt actions. We need everyone to come together to help us
collectively create a resilient Bay Area region.
141
3
The Joint Platform 9 actions, 21 tasks, 1 region moving forward together
Action 1: Collaborate on a “one Bay” vision to adapt to rising sea levels.
Task 1.1: Create a long-term regional vision rooted in communities.
Task 1.2: Lay the foundation for a proactive regional legislative agenda.
Action 2: Elevate communities to lead.
Task 2.1: Improve how communities and public agencies learn from each other and
work together.
Task 2.2: Fund the participation and leadership of community-based organizations
(CBOs) and frontline communities in adaptation planning.
Action 3: Broaden public understanding of climate change science and impacts.
Task 3.1: Tell local and regional stories about people and places adapting to climate change.
Task 3.2: Weave climate literacy into school programs.
Action 4: Base plans and projects on the best science, data, and knowledge.
Task 4.1: Align research and monitoring with information gaps.
Task 4.2: Make scientific data, information, and guidance easier to use.
Task 4.3: Increase access to technical consultants for local adaptation partners.
Action 5: Align local and regional plans into a unified adaptation approach.
Task 5.1: Provide incentives for robust, coordinated adaptation plans.
Task 5.2: Align state-mandated planning processes around adaptation.
Action 6: Figure out how to fund adaptation.
Task 6.1: Expand understanding of the financial costs and revenues associated with regional
adaptation.
Task 6.2: Establish a framework for funding plans and projects.
Task 6.3: Help cities and counties expand ways to fund adaptation planning and projects.
Action 7: Refine and accelerate regulatory approvals processes.
Task 7.1: Accelerate permitting for equitable, multi-benefit projects.
Task 7.2: Assess environmental regulations and policies that slow down progress on projects.
Action 8: Fund and facilitate faster adaptation projects.
Task 8.1: Incentivize projects that meet regional guidelines.
Task 8.2: Encourage collaboration among people doing projects in the same places.
Task 8.3: Facilitate faster construction of nature-based projects.
Action 9: Track and report progress to guide future actions.
Task 9.1: Measure regional progress using metrics and share results.
Task 9.2: Monitor and learn from pilot projects.
PEOPLE
INFORMATION
PLANS
PROJECTS
PROGRESS
142
What can you do?
The Joint Platform is now ready to
share! Examine the opportunities it may
provide for help, support and guidance on
what to do next. We’re all in this together.
For local leaders
☑Share the Joint Platform with your
staff and colleagues and identify
which actions you’d like support for
implementation.
☑Write a letter of support for the
Bay Adapt Joint Platform to help us
advocate for regional implementation.
☑Seek formal endorsement from
your City Council, County Board of
Supervisors, or other elected body.
For the interested public
☑Learn more and provide feedback
on the 40-page, easy-to-read
Joint Platform. Where can the Joint
Platform help?
☑Understand your community’s
vulnerability by using online
tools such as the ART Shoreline
Flood Explorer (www.Explorer.
AdaptingToRisingTides.org) for
exploring risks of flooding in your area
☑Talk to your community about
resilience and preparing for climate
change.
www.BayAdapt.org
Leadership Advisory Group
Ana Alvarez, East Bay Regional Parks
Tessa Beach, Ph.D., US Army Corps of Engineers
David Behar, SF Public Utilities Commission/ Bay
Area Climate Adaptation Network (BayCAN)
John Bourgeois, Valley Water/ CHARG
Allison Brooks, Bay Area Regional Collaborative
Amanda-Brown Stevens, Greenbelt Alliance
Paul Campos, Building Industry Association
Warner Chabot, San Francisco Estuary Institute
John Coleman, Bay Planning Coalition
Dina El-Tawansy, Caltrans District 4
Tian Feng, BART
Julio Garcia, Environmental Justice Caucus Member
Ms. Margaret Gordon, West Oakland Indicators Project
Terrie Green, Shore Up Marin City
Alicia John-Baptiste, SPUR
Melissa Jones, Bay Area Regional Health Inequities Initiative
(BARHII)
David Lewis, Save the Bay
Mark Lubell, UC Davis
Therese McMillan, MTC / ABAG
Mike Mielke, Silicon Valley Leadership Group
Michael Montgomery, SF Regional Water Quality Control Board
Barry Nelson, BCDC
Sheridan Noelani Enomoto, NorCal Resilience Network
David Pine, San Mateo County/ San Francisco Bay
Restoration Authority
Erika Powell, US Army Corp
Bruce Riordan, Bay Area Climate Adaptation Network (BayCAN)
Amy Hutzel, State Coastal Conservancy
Caitlin Sweeney, San Francisco Estuary Partnership
Laura Tam, Resources Legacy Fund
Will Travis, Independent Consultant
Zack Wasserman, BCDC
Jim Wunderman, Bay Area Council
Photo credits | Page 1 - Side Bar photo courtesy of the California King Tides
Project, middle photo by John Morgan licensed under CC BY 2.0; Page 2 - Photo
by Annie Frankel; Page 3 - SF Baykeeper, Robb Most, and LightHawk; Page 4 -
Photo by LEJ from Estuary News from March 2021.
143
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.8
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard with VP-RPG Dublin, LLCPrepared by:Kan Xu,Senior Civil Engineer
EXECUTIVE SUMMARY:The City Council will consider approving the Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard with VP-RPG Dublin, LLC, to allow the City of Dublin to operate and maintain a Downtown Gateway Sign located at 7944 Dublin Boulevard.
STAFF RECOMMENDATION:Adopt the Resolution Approving the Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard Between the City of Dublin and VP-RPG Dublin, LLC.
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:VP-RPG Dublin, LLC (the Developer) obtained approvals for the development of a 90,700-square-foot, 138-room, four-story hotel located at 7950 Dublin Boulevard. As part of the project, the City and the Developer entered into a Community Benefit Program Agreement in which the Developer agreed to contribute community benefits in the form of off-site improvements and the design, construction, and installation of a new Downtown Gateway Sign to be located at the southeast corner of San Ramon Road and Dublin Boulevard. The sign is located on a recently created parcel,separate from the project parcel, at 7944 Dublin Boulevard, which contains a retail building that is under construction. Subsequent amendments to the Community Benefit Program Agreement require City acceptance of the Downtown Gateway Sign and execution of a maintenance agreement after its construction and installation. The attached confirms the design, construction, and installation of the sign, provision of the
144
Page 2 of 2
community benefit to the City, and provides for the operation and maintenance of the sign by the City.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving the Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard Between the City of Dublin and VP-RPG Dublin, LLC2) Exhibit A to Resolution - Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard
145
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE MAINTENANCE AGREEMENT FOR DOWNTOWN GATEWAY SIGN AT
7944 DUBLIN BOULEVARD
WHEREAS,the City has issued a Site Development Review Permit No. PLPA-2019-00020
as approved by City Council Resolution No. 49-20 to VP-RPG Dublin, LLC (“Developer”) for the
development of a 90,700-square-foot, 138-room, four-story hotel (“Project”) on that property
referred to as 7950 Dublin Boulevard; and
WHEREAS,the community benefits of the Project include, without limitation, the design,
construction, and installation of a new Downtown Gateway Sign by the Developer to be located
on the southeast corner of San Ramon Road and Dublin Boulevard at 7944 Dublin Boulevard
(“Property”); and
WHEREAS,the City and Developer executed a Community Benefit Program Agreement
regarding the Project, dated June 2, 2020, as amended by a First Amendment to the Community
Benefit Program Agreement dated November 17, 2020, and as further amended by a Second
Amendment to the Community Benefit Program Agreement dated July 20, 2021 (“CBA
Agreement”); and
WHEREAS,the CBA Agreement requires City acceptance of the Downtown Gateway Sign,
and execution of a maintenance agreement to provide for the operation and maintenance of the
Downtown Gateway Sign by the City after its construction and installation; and
WHEREAS,Developer has executed and filed with the City a Maintenance Agreement for
Downtown Gateway Sign at 7944 Dublin Boulevard (“Agreement”), attached hereto as Exhibit A,
which will be recorded against the Property.
NOW, THEREFORE, BE IT RESOLVED that said Agreement, attached hereto as Exhibit
A, is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
Agreement, and to make any minor changes necessary to carry out the intent of this Resolution.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 1st day of February, 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
146
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
______________________________________
ATTEST:Mayor
____________________________________
City Clerk
147
1
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Portion of APN: 941-1500-036-03
MAINTENANCE AGREEMENT FOR DOWNTOWN GATEWAY SIGN AT
7944 DUBLIN BOULEVARD
THIS MAINTENANCE AGREEMENT FOR DOWNTOWN GATEWAY SIGN AT
7944 DUBLIN BOULEVARD (“Agreement”) is made and entered into as of this 1st day of
February, 2022 (“Effective Date”) by and between the City of Dublin (“City”) and VP-RPG
Dublin, LLC, a California limited liability company (“Owner”). City and Owner are, from time-
to-time, individually referred to in this Agreement as a “Party,” and are collectively referred to
as “Parties.”
WHEREAS, the City has issued a Site Development Review Permit No. PLPA-2019-
00020 approved by Resolution No. 49-20 (the “Project”) on that property referred to as 7950
Dublin Boulevard (the “Property”); and
WHEREAS, the community benefits of the Project include, without limitation, the
design, construction, and installation of a new Downtown Dublin Gateway Sign to be located on
the southeast corner of San Ramon Road and Dublin Boulevard (the “Community Benefit”);
and
WHEREAS, the Parties executed that certain Community Benefit Program Agreement
regarding the Project, dated June 2, 2020, as amended by a First Amendment to the Community
Benefit Program Agreement dated November 17, 2020, and as further amended by a Second
Amendment to the Community Benefit Program Agreement dated July 20, 2021 (collectively,
the “CBA Agreement”); and
WHEREAS, pursuant to the CBA Agreement, and the Master Sign Program described
therein (“Master Sign Program”), Owner has designed, and shall construct, and install a new
Downtown Dublin Gateway Sign (“Downtown Gateway Sign”), as shown on the ID Monument
Sign Plans, prepared by FCGA Architecture, MBA Structural Eng, Kier + Wright Civil
Engineers, dated August 30, 2021, and attached hereto as Exhibit B (the “Downtown Gateway
Sign Plans”); and
WHEREAS, the Downtown Gateway Sign is to be located on a portion of 7940-7944
Dublin Boulevard more particularly described in Exhibit A attached hereto (the “Retail
Parcel”); and
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.
Attachment 2
148
2
WHEREAS, the Downtown Gateway Sign will be specifically located within a Sign
Maintenance Easement (“SME”) on the Retail Parcel, adjacent to the southeast corner of Dublin
Boulevard and San Ramon Road (the “Premises”), as more particularly shown on Parcel A of
Parcel Map 11200, attached hereto as Exhibit C; and
WHEREAS, the City has issued (i) Permit No. PWEN-2021-00308 authorizing the
construction and installation of the Downtown Gateway Sign wall which will be amended to
include installation of the lettering for the Downtown Gateway Sign (the “Permit”); and
WHEREAS, both parties agree that it is in the best interest of the City that the City and
Owner enter into this Agreement to confirm the design, construction and installation of the
Downtown Gateway Sign and provision of the Community Benefit to the City and to provide for
the operation and maintenance of the Downtown Gateway Sign by the City from and after its
construction and installation; and
WHEREAS, the CBA Agreement requires City acceptance of the Downtown Gateway
Sign, and execution of a maintenance agreement in a form satisfactory to the City Attorney; and
WHEREAS, Owner is willing to grant the City access to the Retail Parcel to maintain
the Downtown Gateway Sign on the Premises; and the Parties desire that the Owner maintain all
adjacent landscape plantings, irrigation, and trees within the Premises (collectively, the
“Landscape Features”), as shown on Landscape Plans – Dublin Gateway – 7944 Dublin Blvd.,
prepared by Smith + Smith (the “Landscape Plans”) and stamped reviewed by City as part of
Permit No. PWSW-2021-00005, subject to the terms and conditions set forth herein; and
WHEREAS, the City accepts all responsibility for maintenance of the Downtown
Gateway Sign on the Premises, subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the benefit received by the
Owner as a result of the City’s approval of the Project, all of which are hereby acknowledged,
the Owner hereby covenants and agrees with the City as follows:
1. Recitals: The Parties acknowledge that the foregoing recitals are true and correct
and are incorporated herein as a part of this Agreement.
2. Design and Construction of Downtown Gateway Sign: The Downtown
Gateway Sign has been designed as set forth in the Master Sign Program, and
shall be constructed, and installed by Owner in accordance with the Permit, in a
workmanlike manner, and in accordance with the Master Sign Program, and in
accordance with the applicable statues, ordinances, rules and regulations of all
governing public authorities as those statues, ordinances, rules and regulations
may be amended from time to time. In accordance with Subsection 3.3.1 of the
CBA Agreement, as Owner has elected to design, construct, and install the
Downtown Gateway Sign prior to the Project’s submittal of a building permit, the
City shall reimburse Owner for actual expenses related to the design,
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.149
3
construction, and installation of the Downtown Gateway Sign in an amount not to
exceed Two Hundred Thousand Dollars ($200,000). Accordingly, upon
completion of the installation of the Downtown Gateway Sign and submittal by
Owner to City of invoices for the design, construction, and installation of the
Downtown Gateway Sign, and the acceptance thereof by the City, and compliance
by Owner of all other requirements set forth in Subsection 3.3 of the CBA
Agreement, the City shall reimburse Owner for its actual expenses related to the
design, construction, and installation of the Downtown Gateway Sign including,
without limitation, all design and construction costs and additional costs to
include, without limitation, time for City staff review for processing and
approvals, and legal costs in an amount not to exceed Two Hundred Thousand
Dollars ($200,000).
3. Ownership: City shall own the Downtown Gateway Sign, including the sign
foundation, attached lettering, and any accent lighting (if the City elects, at its sole
cost and expense, to install such lighting). Owner shall own all Landscape
Features.
4. Operations, Maintenance and Repairs: This Agreement shall serve as the
signed statement by the City accepting responsibility for the operation and
maintenance of the Downtown Gateway Sign as set forth in this Agreement. At its
sole cost and expense, City shall maintain, or shall cause a third party to maintain,
the Downtown Gateway Sign, in a safe manner and consistent with the
Downtown Gateway Sign Plans. At its sole cost and expense, Owner shall
maintain and repair, or shall cause a third party to maintain and repair, all
Landscape Features, in a safe manner and consistent with the Landscape Plans, to
the reasonable satisfaction of the City Engineer. Any modifications to the
Downtown Gateway Sign Plans or Landscape Plans shall be approved in writing
by both Parties. City shall be responsible, at its sole cost and expense, to restore or
repair any Landscape Features damaged or removed during the maintenance or
repair of the Downtown Gateway Sign, unless such damage or removal is caused
by the negligence, gross negligence or willful misconduct of the Owner. Owner
shall be responsible, at its sole cost and expense, to repair any damage to the
Downtown Gateway Sign arising out of the maintenance, operation or repair of
the Landscape Features, unless such damage is caused by the negligence, gross
negligence, or willful misconduct of the City.
5. Access to Premises: City shall have the right to access the Premises without
prior notice to Owner for the purpose of inspection, maintenance, repair and/or
removal of the Downtown Gateway Sign. Additionally, City shall have the right
to access the Premises without prior notice for purpose of inspecting the
Landscape Features, or repairing the Landscape Features in accordance with
Section 6 below.
6. Failure to Maintain by Owner: If the Owner fails to maintain the Landscape
Features in accordance with the Landscape Plans, the City shall provide written
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.150
4
notice specifying in detail the conditions constituting a failure to maintain in
accordance with the Landscape Plans (“Notice of Default”). The Notice of
Default shall provide the Owner with a reasonable period of time, but not less
than ten (10) business days, to cure the deficiencies identified in the Notice of
Default. If Owner fails to correct the deficiencies, the City shall have the option,
in its sole discretion, of completing the work necessary to cure the conditions
identified in the Notice of Default and billing the Owner for the costs of such
work actually and reasonably incurred by the City and the Owner shall reimburse
the City for said costs.
7. Failure to Maintain by City: In the event the City fails to maintain and/or repair
the Downtown Gateway Sign, or fails to repair or restore any Landscape Features
damaged by the City pursuant to and in accordance with Section 4, Owner, and/or
its authorized agents, employees, or contractors shall provide a Notice of Default
to the City. The Notice of Default shall specify in detail the conditions
constituting a failure to comply with Section 4. The City, in its sole discretion,
shall determine if the Notice of Default requires remedy by City in accordance
with Section 4, and the City shall respond to Owner within not less than ten (10)
business days. If the City determines the Notice of Default identifies necessary
maintenance or repair in accordance with Section 4, the City’s response to Owner
shall include a corrective action plan.
8. Encroachment Permit: Owner has obtained Permit No. PWEN-2021-00308 (the
“Encroachment Permit”), an encroachment permit for construction of a
downtown gateway sign wall within a proposed public easement. If there is a
conflict between any provisions of this Agreement and the Encroachment Permit,
the provisions of this Agreement shall prevail over the conditions of the
Encroachment Permit.
Except for routine maintenance on the Landscape Features in accordance with
Section 4, Owners shall apply to the City for a separate permit for any other
encroachment within the Premises.
9. Removal: The Parties intend for the Downtown Gateway Sign to exist on the
Premises in perpetuity; however, the City, in its sole discretion, may remove the
Downtown Gateway Sign, at its sole cost and expense.
10. Indemnification: Owner shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner’s construction, maintenance, repair, or operations
of the Landscape Features unless caused by the negligence, gross negligence or
willful misconduct of the City, its agents, contractors or employees.
The City shall indemnify, defend and hold Owner harmless from and against any
and all loss, claims, liability damage or expense or cost Owner may incur or
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.151
5
become liable for or for which a claim is made by a third party, due to or arising
out of the City’s maintenance, repair, or operations of the Downtown Gateway
Sign unless caused by the negligence, gross negligence or willful misconduct of
Owner, its agents, contractors or employees.
11. Insurance: At all times during the term of this Agreement, the City shall maintain
and cause each of its contractors to maintain commercial general liability
insurance (which insurance shall be primary and noncontributing) in an amount
not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
12. Termination: This Agreement shall commence upon the Effective Date and
shall remain in effect until terminated by the City, in its sole authority, or until the
Downtown Gateway Sign is removed by the City, whichever occurs first. Upon
termination, the City shall quitclaim the Sign Maintenance Easement.
13. Covenants Run With Land: All covenants contained in this Agreement shall be
construed as covenants running with the land, and all rights and powers given to
and obligations imposed upon the respective Parties shall be construed as inuring
to and binding upon the successors in interest and the permitted assigns of the
Parties hereto, respectively.
14. Right to Assign: Owner may assign any or all rights, interests and obligations of
Owner arising under this Agreement to a successor in interest of Owner with
respect to all or a portion of the Owner’s Property; provided, however, that no
such assignment of Owner’s rights, interests and obligations under this
Agreement shall occur without prior written notice to the City and written
approval by the City Manager, which approval shall not be unreasonably
withheld, conditioned or delayed. The City Manager shall consider and decide on
any assignment within ten (10) days after Owner’s notice thereof, provided all
necessary documents and other information are provided to the City Manager to
enable the City Manager to assess the assignment.
15. Successors and Assigns: Each reference to the “City” in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of the City.
All references to the “Owner” in this Agreement shall be deemed to refer to and
include VP-RPG Dublin, LLC, a California limited liability company, and all
permitted successors and assigns.
16. Modifications: This Agreement is effective upon the date of execution as stated
at the beginning of this Agreement. This Agreement shall not be modified except
by written instrument executed by the City and Owner at the time of modification.
Such modifications shall be effective upon the date of execution and shall be
recorded.
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.152
6
17. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the Party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
Party to whom notice is to be given, by first-class mail, postage prepaid, and
properly addressed as follows:
City:
City of Dublin
100 Civic Plaza
Dublin, California 94568
Attn: City Manager
Owner:
VP-RPG Dublin, LLC
c/o Rubicon Property Group
1840 San Miguel Drive, Suite 206
Walnut Creek, California 94956
Attn: Jerry Hunt
With a Copy To:
VP-RPG Dublin, LLC
c/o Village Properties
940 Emmett Avenue, Suite 200
Belmont, California 94002
Attn: John Glikbarg
Any party to this Agreement may change the name or address of representatives
for purpose of this Notice paragraph by providing written notice to all other
parties ten (10) business days before the change is effective.
18. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
19. Governing Law; Venue: This Agreement shall be governed and construed
pursuant to the law of the State of California. All actions, proceedings, lawsuits,
claims, and disputes shall be venued in the County of Alameda, State of
California.
20. Partial Invalidity: If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.153
7
or invalidated, and the Parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
21. Entire Agreement: This Agreement contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
Parties hereto.
22. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
23. No Additional Liability/No Third-Party Beneficiary: It is the intent of this
Agreement to insure the proper installation and construction of the Downtown
Gateway Sign by Owner and the proper operation, maintenance and restoration of
the Downtown Gateway Sign by the City; provided, however, that this Agreement
shall not be deemed to create or effect any additional liability not otherwise
provided by law of any party for damage alleged to result from or caused by the
performance by Owner or the City of their respective obligations arising under
this Agreement. This Agreement is not intended to, and does not, create any
private rights of action to third parties; no third parties are the intended
beneficiaries of this Agreement.
24. Recordation: This Agreement shall be recorded against the Retail Parcel by
Owner or by the City by mutual agreement after the execution date of this
Agreement as stated above among the deed records of the County Recorder’s
Office of the County of Alameda, California, at the Owner’s expense.
25. No Waiver: No failure by either Owner or the City to insist on the strict
performance of any obligation of the other party under this Agreement or to
exercise any right, power, or remedy arising out of a breach hereof, shall
constitute a waiver of such breach or of either party’s right to demand strict
compliance with any terms of this Agreement. No acts or admissions by Owner or
the City, or any agent(s) of Owner or the City, shall waive any or all of either
party’s rights under this Agreement.
26. Headings: The headings in this Agreement are for reference and convenience of
the parties and do not represent substantive provisions of this Agreement.
27. Attorneys’ Fees: In the event of any controversy, claim or dispute concerning the
interpretation or enforcement of the provisions of this Agreement or the breach of
any provision hereof, the prevailing party shall be entitled to recover reasonable
attorneys’ fees, expenses and costs.
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.154
8
Dated this ___________ day of ______________________, 2022.
IN WITNESS WHEREOF, the Parties hereto do hereby execute this Agreement:
CITY:
CITY OF DUBLIN, a municipal corporation
By:
_______________________________
Linda Smith, City Manager
Attest:
_______________________________
Marsha Moore, City Clerk
Approved as to form
_______________________________
John D. Bakker, City Attorney
OWNER:
VP-RPG DUBLIN, LLC, a California limited
liability company
By: Delaware Retail Control, LLC,
a Delaware limited liability company,
Its: Manager
By: VPI 2004, Inc., a California
corporation
Its: Manager
By: ______________________
Name: ____________________
Title: _____________________
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.155
9
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA §
§
COUNTY OF ____________ §
On _______________________ before me, __________________________, Notary Public, personally
appeared _____________________, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________________ (Seal)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA §
§
COUNTY OF ____________ §
On _______________________ before me, __________________________, Notary Public, personally
appeared _____________________, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________________ (Seal)
Signature of Notary Public
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.156
10
EXHIBIT A
Legal Description – Retail Parcel
All that certain real property situated in the City of Dublin, County of Alameda, State of
California, being more particularly described as follows:
Parcel A as shown on that certain map entitled “Parcel Map 11200,” which map was filed for
record in the office of the recorder of the County of Alameda, State of California, on December
20, 2021, in Book 354 of maps at Pages 49 through 50.
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.157
11
EXHIBIT B
Downtown Gateway Sign Plans
Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Blvd.158
Path: F:\Shared\Projects\Active Projects\VP-RPG Dublin LLC 20384 - Dublin\08.1 CD Sign\8.1 Architect Drawings Current\WORK INCLUDES FREE-STANDING SITE WALL ONLY. SIGNAGE NOT A PART.STORM WATER QUALITY - FOR REFERENCE ONLY1 08.12.211 CITY OF DUBLIN PUBLIC WORKSSOILS ENGINEERCITY OF DUBLIN PUBLIC WORKSGEOTECHNICAL ENGINEER2 08.30.212 08 30 21GE258212/31/228/31/219/21/2021159
DO NOT ENTERONLYDRIVE THRUDO
N
O
T
E
N
T
E
R STOPONLYDRIVE THRUPath: F:\Shared\Projects\Active Projects\VP-RPG Dublin LLC 20384 - Dublin\08.1 CD Sign\8.1 Architect Drawings Current\VP-RPG: CONCRETE WALL NOTES1.CAST-IN-PLACE CONCRETE MONUMENT WALL.A. FORM FACING MATERIALS FOR SMOOTH-FORMED, FINISHED CONCRETE: FORM-FACING PANELSTHAT WILL PROVIDE CONTINUOUS, TRUE, AND SMOOTH CONCRETE SURFACES. FURNISH INLARGEST PRACTICAL SIZES TO MINIMIZE NUMBER OF JOINTS.i)EXTERIOR-GRADE PLYWOOD PANELS, SUITABLE FOR CONCRETE FORMS, COMPLYING WITHDOC PS 1, AND AS FOLLOWS: STRUCTURAL 1, B-B, OR BETTER, MILL OILED AND EDGESEALED.B.CONCRETE SMOOTHING COMPOUND; FAST SETTING CEMENTITIOUS RESURFACING MATERIAL:PREPACKAGED, HIGH-PERFORMANCE, MULTI-PURPOSE, NON-METALLIC, CEMENTITIOUS REPAIRAND RESURFACING MATERIAL.i)BASIS-OF-DESIGN PRODUCT: MANUFACTURER: CTS CEMENT MANUFACTURING CORP.; RAPIDSET WUNDERFIXX.C.SEALER: PENETRATING SILANE/SILOXANE OR SILICATE/SILICONATE SEALER, AND ACCEPTABLE TOSMOOTHING COMPOUND MANUFACTURER. PROVIDE ONE OF THE FOLLOWING, OR COMPARABLE:BRICKFORM: STEALTH-SEAL OR STEALTH-SEAL PREMIUM; EUCLID: BARACADE WB 244; PROSOCO:SILOXANE PD OR SILOXANE WB CONCENTRATE; SPECCHEM: SPECSHEILD WB.D.PROVIDE ¾" CHAMFER AT ALL EXTERIOR CORNERS AND EDGES OF PERMANENTLY EXPOSEDCONCRETE.E. FINISHING FORMED SURFACES; SMOOTH-FORMED FINISH: AS-CAST CONCRETE TEXTUREIMPARTED BY FORM-FACING MATERIAL, ARRANGED IN AN ORDERLY AND SYMMETRICAL MANNERWITH A MINIMUM OF SEAMS. REPAIR AND PATCH TIE HOLES AND DEFECTIVE AREAS. REMOVEFINS AND OTHER PROJECTIONS EXCEEDING 1/16-INCH IN HEIGHT.F.CONCRETE SMOOTHING COMPOUND: APPLY TO SMOOTH-FORMED, AS-CAST CONCRETE ASFOLLOWS:i)PREPARE SURFACES IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS.ii)MIX AND APPLY IN ACCORDANCE WITH MANUFACTURE'S INSTRUCTIONS TO ACHIEVEFINISHES APPROVED BY ARCHITECT OR OWNER.iii)FINISH SMOOTH WITH STEEL TROWEL TO PROVIDE EVEN, CONSISTENT SURFACE.iv)APPLY SEALER IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS.CONCRETE WALL NOTES160
ASECTION ASCALE: 1" = 4'PLAN VIEWSCALE: 1" = 10'AS NOTED1 OF 1DUBLINCALIFORNIABYJOB NO.DATEVBA2057405/18/2021SHEETSCALECITY OF DUBLIN SIGN EXHIBIT7944 DUBLIN BLVD.RUBICON PROPERTY GROUP, LLC161
1717 N CALIFORNIA BLVD #2A, WALNUT CREEK, CA. 94596PHONE: 925-933-4450I N C O R P O R A T E DMBASTRUCTURAL ENGINEERSFAX: 925-933-6140WEB SITE:www.mbastructural.comDesign Professional's electronic or digital sealor signature is effective only as to that versionof this document as originally published byDesign Professional. Design Professional isnot responsible for any subsequentmodification, corruption, or unauthorized useof such document. To verify the validity orapplicability of the seal or signature, contactDesign Professional.162
LEGEND4-EROSION CONTROL PLANC9.0APRIL, 2021OF 18 SHEETSSHEETDATESCALEDESIGNERJOB NO. A20574NO.REVISIONNO.BYREVISIONBYRUBICON PROPERTY GROUP, LLC7944 DUBLIN BLVD.ZSDUBLIN,CALIFORNIAFOROFDRAFTERSRGAS SHOWNPERMIT 12/16/2020BID SET 1/29/20211PLAN CHECK 3 RESPONSE 3/3/20212PLAN CHECK 4 RESPONSE 3/26/20213PLAN CHECK 5 RESPONSE 4/21/20214BULLETIN: TENANT REVISIONS 5\13\20214RFI 17 CROSSING PIPES 06\23\20215DRIVE THRU REVISIONS 07/13/20216DROP INLET SEDIMENT FILTER3STABILIZED CONSTRUCTION ENTRANCEPROFILEPLAN141-2-2-3-3-3-CITY OF DUBLIN STANDARD EROSION CONTROL NOTES3-2WEIGHTED WATTLES222FOR FFFORFORFFETSETOORR744ZSZSRGRGREFERENCE REFERENCEREFERENCE2121RRDUBLIN,DUBLIN,CALICALONLYONLYONLYOORNIANIA163
CLEAN BAY BLUEPRINTC9.1APRIL, 2021OF 18 SHEETSSHEETDATESCALEDESIGNERJOB NO. A20574NO.REVISIONNO.BYREVISIONBYRUBICON PROPERTY GROUP, LLC7944 DUBLIN BLVD.ZSDUBLIN,CALIFORNIAFOROFDRAFTERSRGAS SHOWNPERMIT 12/16/2020BID SET 1/29/20211PLAN CHECK 3 RESPONSE 3/3/20212PLAN CHECK 4 RESPONSE 3/26/20213PLAN CHECK 5 RESPONSE 4/21/20214BULLETIN: TENANT REVISIONS 5\13\20214RFI 17 CROSSING PIPES 06\23\20215DRIVE THRU REVISIONS 07/13/20216FOR FFFORFFETSETOORR744ZSZSRGRGREFERENCE REFERENCE2121RRDUBLIN,DUBLIN,CALICALONLYONLYOORNIANIA164
LEGENDSTORM WATER QUALITY CONTROL PLANC10.0APRIL, 2021OF 18 SHEETSSHEETDATESCALEDESIGNERJOB NO. A20574NO.REVISIONNO.BYREVISIONBYRUBICON PROPERTY GROUP, LLC7944 DUBLIN BLVD.ZSDUBLIN,CALIFORNIAFOROFDRAFTERSRGAS SHOWNPERMIT12/16/2020BID SET1/29/20211PLAN CHECK 3 RESPONSE 3/3/20212PLAN CHECK 4 RESPONSE 3/26/20213PLAN CHECK 5 RESPONSE 4/21/20214BULLETIN: TENANT REVISIONS 5\13\20214RFI 17 CROSSING PIPES 06\23\20215DRIVE THRU REVISIONS 07/13/20216TYPICAL TREATMENT PLANTER SECTION1STORMWATER CONTROL NOTESSOURCE CONTROL & SITE DESIGN MEASURESDMATCMCITY OF DUBLIN STORMWATER MANAGEMENT PLAN SET NOTES:111111224FOR 00FFFORFORFFETSETOORR744ZSZSRGRGREFERENCE REFERENCEREFERENCE2121RRDUBLIN,DUBLIN,CALICALONLYONLYONLYOORNIANIA165
19
EXHIBIT C
Premises
"Sign Maintenance Easement"
166
167
168
STAFF REPORT
CITY COUNCIL
Page 1 of 9
Agenda Item 7.1
DATE:February 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Community Task Force on Equity, Diversity, and Inclusion Recommendation Review and Implementation PlanPrepared by:John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:The City Council will consider approving an Implementation Plan for the Community Task Force on Equity, Diversity, and Inclusion’s recommendations. Staff reviewed the recommendations for their policy, personnel, and cost implications and then categorized them into four categories: Approve, Modified, Reject, and Further City Council Direction Required. The proposed implementation plan includes those recommendations categorized as Approve or Modified.
STAFF RECOMMENDATION:Receive the report, provide direction on requested items, and approve the Implementation Plan.
FINANCIAL IMPACT:The majority of the recommendations in the proposed Implementation Plan involve tasks or program adjustments that can be achieved with existing staff and resources. However, there are several items that are already funded or will require additional funding to accomplish which include:Item Est. Annual Cost Recommendation Ref.Supplemental Training TBD TC-1Public Safety Community Workshop Facilitation TBD P-1Alameda County CATT Program—Dublin Expansion TBD P-4DPS Mental Health Unit (ARPA-Funded)$667,787 P-5Hire 1 FTE--DPS Crime Analyst $150,000 DT-1: DT-5On-Call Translation Services $20,000 IP-3Ongoing Staff DEI Training TBD O-2:O-3The costs associated with Recommendations TC-1, P-1, P-4, O-2, and O-3 will be further refined through a solicitation for quotes and, if approved, will be incorporated in the upcoming FY 2022-23 & 2023-24 budget. Recommendation P-4 would fund an expansion of the Alameda County Community Assessment
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and Transport Team (CATT) to Dublin. Staff has had preliminary conversations with the County regarding this program but is unable to provide a cost estimate at this time.
DESCRIPTION:BackgroundOn August 17, 2021, the City Council received the Final Report from the Community Task Force on Equity, Diversity, and Inclusion. Following the presentation, the City Council directed Staff to further evaluate the policy, personnel, and cost implications of the Task Force’s 43 recommendations. Since that time, a team of internal stakeholders responsible for implementing these recommendations evaluated each to determine the following:
Can the recommendation be implemented by the City as written?
If not, can the recommendation be modified to achieve its original or similar intent?
Can the recommendation be achieved with existing resources?
If not, what additional resources are needed to achieve the recommendation? From this work the recommendations have been categorized into four areas:1. Approve Recommendation2. Modified Recommendation 3. Reject Recommendation4. Further City Council Direction RequiredA matrix of the Approve and Modified recommendations with implementation notes, modifications, implementation timeframes, staff additions, and estimated costs can be found in Attachments 1 and 2. Approve RecommendationsStaff is recommending the City Council approve the following recommendations as is. A comprehensive accounting of these approve recommendations can be found in Attachment 1. A sample of these recommendations and their implementation impacts is provided below.
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Ref. #RecommendationTC-1 DPS should identify ways to expand training offerings for officers, either through muster room briefings, independent study/self-paced trainings, additional training days or other appropriate methods of training. These mandatory trainings should cover (1) Implicit Bias, (2) Understanding languages and cultural responsiveness, (3) Understanding people with disabilities, (4) Community policing, (5) Use of Force/De-escalation, (6) Leadership, professionalism, and ethics. Implementation ImpactsThe topics identified in this recommendation are currently being covered in DPS daily briefings, online, and some in-person training. Furthermore, all these topics are currently covered in Continued Professional Training (two hours of instruction) that DPS officers receive every other year. Use of force and de-escalation training is covered three times a year during their range program. DPS will look to reevaluate holding large, in-person trainings once COVID-related guidelines permit an opportunity for this to be done safely. Depending on the topic and the depth of instruction, each of these topics could each be covered for an hour to comprise an eight-hour training, which would cost approximately $30,000 in DPS staff charges alone. Additional budget for training materials, speakers, and other supplies may be required. Ref. #RecommendationsDT-1 All Racial and Identity Profiling Act of 2015 (RIPA)-required stop data should be published on the City’s Data Transparency Platform on an annual basis to help establish benchmarks in reducing non-violent police interactions. This will include stop data in the following areas: (1) perceived race/ethnicity, (2) primary basis for the stop, (3) whether consent was given or if there was probable cause.DT-2 In instances where there is a DPS officer involved shooting or use of force resulting in great bodily injury or death, DPS will make the AB71 and SB1421 data publicly available on the City’s Data Transparency Platform.DT-3 Publish information regarding DPS complaints and commendations data on the City’s Data Transparency Portal.DT-4 Publish the demographic data of DPS officers on an annual basis on the City’s Data Transparency Portal. DT-5 Explore ways to collect and report data regarding de-escalation annually to monitor the effectiveness of current de-escalation practices, as well as identify when new practices may be necessary. Implementation ImpactsDublin Police Services will hire a Crime Analyst to address these recommendations at a cost of approximately $150,000 annually. This position will be responsible for compiling and publishing RIPA Stop Data (DT-1), Use of Force Data per AB 71 and SB 1421 (DT-2), and complaint, commendation, and DPS Officer demographic data on the City's OpenGov Data Transparency portal. This position will also work with the Police Chief to explore ways to collect and report data regarding de-escalation tactics (DT-5). DPS is currently evaluating the best way to structure this position in combination with existing staff roles and responsibilities.Ref. #Recommendation
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PR-1 The City should hire a police/community liaison to enhance collaboration between the Dublin Community, City Council, Staff, Dublin Police Services, and the Alameda County Sheriff’s Office. The liaison would also work with advocacy groups, including but not limited to Las Positas College, NAMI, NAACP, and ACLU. Implementation ImpactsDPS recently established the role of an LGBTQ+ liaison to assist members of that community during their interactions with DPS. Pursuant to this recommendation,this role will be expanded to enhance collaboration between DPS and the broader Dublin community, including advocacy groups like NAMI, NAACP, and ACLU, and relevant entities at Las Positas Community College. Ref. #RecommendationIP-7 The City of Dublin should proactively recruit instructors and intentionally seek class offerings that represent the diverse cultures and ethnicities in Dublin. Implementation ImpactsParks and Recreation Staff will work more proactively to recruit instructors and provide class offeringsthat represent the diverse cultures and ethnicities in Dublin.Staff will survey other jurisdictions to see how they accomplish this. In addition, Staff will be researching courses taught at local colleges to see if those professors would be interested in offering courses for the Dublin community. Ref. #RecommendationO-2 The City should provide ongoing DEI training for all City staff. This should include training specific to work roles (e.g., Communications Manager and Communications Analyst). O-3 The City Manager should embed DEI into the work and culture of the City, to include development of a Dublin City DEI process and decision-making checklist.Implementation ImpactsThe incoming Human Resources Director will be charged with researching and developing a comprehensive ongoing DEI training program for full-time staff which equips them with the tools to further embed DEI principles into the work of the City. Modified RecommendationsStaff is recommending the City Council approve the following modified recommendations. Following a review of these recommendations, Staff identified ways to modify them to achieve a similar impact while limiting staffing and budgetary impacts or to align the recommendations with existing administrative structure and City initiatives like the DPS Mental Health Unit. A matrix of these modified recommendations can be found in Attachment 2. A sample of the modifiedrecommendations, justifications, and implementation impacts is provided below.Recommendations with an asterisk (*) are truncated.
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Ref. #RecommendationP-1 The City Council should create a Police Advisory Commission. This Commission would support the City in monitoring the implementation of the Task Force’s Recommendations, as well as play an ongoing role in advising the City on ways to enhance police-community relations in Dublin. The Commission should host a facilitated, recurring community educational workshop on 21st century police and community relations best practices.Modified Recommendation The Police Chief will evaluate and form a Chief's Advisory Group. This group will act in an advisory capacity and provide feedback to the Chief on ways to enhance police-community relations in Dublin. DPS and the City will organize a public workshop on the topics included in the recommendation. Justification and Implementation ImpactsUnder the ACSO contract, the Sheriff has supervision and control over the standards of performance for DPS. Furthermore, control over the administration of the City and its employees and contractors is assigned to the City Manager. A Police Advisory Commission would not be the appropriate venue to advise the City Manager or Police Chief on police-community relations, as such advisory bodies are created to advise the City Council on a specific policy area, not on management-related matters.A Chief’s Advisory Group would provide the venue for community members to directly advise the Chief on ways to enhance police-community relations in Dublin. This model is being utilized by several surrounding jurisdictions including Livermore, Pleasanton, Fremont, and Hayward. The Police Chief is currently evaluating these structures to determine the best arrangement for DPS, with the goal of ensuring group members feel their ideas and opinions are heard but are also cognizant of the City's contractual relationship with ACSO, and, if any, roles of a County Oversight Board and/or Inspector General.Staff estimates that the cost of a public workshop on the topics included in the recommendation would cost approximately $15,000 for consultant/facilitator and materials costs.Ref. #RecommendationP-2*The City should advocate for the creation of an Alameda County Sheriff Oversight Board and Inspector General and that Dublin have a permanent seat on the Board. Additionally, the Cityshould create a Liaison Committee between the City Council and the Sheriff Oversight Board. Modified RecommendationCity Staff should monitor the development of the Alameda County Sheriff Oversight Board and Inspector General position. Should the Oversight Board be created, Staff will advocate for the City to have a dedicated seat on the Board to make sure the City’s specialized interests are represented.Justification and Implementation ImpactsAlameda County has initiated a public outreach program for the creation of a Sheriff Oversight Board and Inspector General position. The specific scope and charge of these bodies has not been identified and therefore the City cannot accurately advocate for their creation. Staff recommends the City monitor the creation of these bodies and advocate for the City to have a seat on the Oversight Board, if established. The need for a Liaison Committee will be revisited, once there is greater clarity on the role and responsibilities of the Oversight Board.Ref. #RecommendationP-5 The City, in collaboration with ACSO, should implement Co-Responder Teams consisting of one police officer and one mental health professional (licensed LMFT or LCSW) to respond to situations where people are experiencing a severe mental health crisis that could pose a threat to safety.
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Modified Recommendation The City of Dublin should establish a Behavioral Health Unit within Dublin Police Services, to be staffed by two licensed therapists and a supervisor from the ACSO Youth and Family Services Bureau. Justification and Implementation ImpactsThe City Council has received a report and provided direction to the City Manager to establish a Behavioral Health Unit within Dublin Police Services. This Unit will provide a variety of behavioral health services including crisis intervention and response as well as clinical case management. This work is ongoing and is funded through the City’s American Rescue Plan Act allocation. Ref. #RecommendationIP-1 The City of Dublin should host monthly Town Hall meetings designed to amplify the voices and concerns of diverse groups represented in the City of Dublin. Modified Recommendation The City of Dublin should develop a program of Quarterly Town Hall style community meetings. The meetings will be topic specific, hosted by the Mayor and a Councilmember. One meeting each year will be reserved for DEI-related topics. Justification and Implementation ImpactsThe planning for monthly Town Hall meetings would require a significant expenditure of staff time and resources, which would likely require an additional employee to support the planning efforts of each meeting. A program of quarterly Town Hall meetings can be absorbed within existing staff levels and budget. Rejected RecommendationsStaff is recommending the City Council reject four recommendations and portions of one recommendation. These recommendations and their reasons for rejection are discussed below. Recommendations with an asterisk (*) are truncated.Ref. #RecommendationP-2*The City should also advocate for the Sheriff Oversight Board and Inspector General to study harm reduction and procedural justice frameworks for policing, develop recommendations for the implementation of best practices identified from said study, conduct a public study session to discuss policing best practices, and develop a public report which includes findings, recommendations, and actions for the Sheriff’s Office.In the time leading up to the creation of the Sheriff Oversight Board and inspector General position, the City should advocate for ACSO and DPS to study the items included in this recommendation.The City Should advocate for the Sheriff Oversight Board and Inspector General to amend the Critical Decision-Making Model (CDM) to include self-evaluation and procedural justice during police response, including the assessment of the proportionalism, accountability, necessity, and ethics of police actions. Prompts pertaining to proportionalism can be added for further consideration in the CDM. Reason for RejectionThe advocacy efforts detailed in this recommendation are ultimately beyond the City’s control. From a policy perspective, the City cannot compel ACSO to study or implement the items included in this recommendation as ACSO has control over the standards of performance for the Sheriff’s Office. Therefore,such advocacy efforts would be an ill-advised use of staff time and resources which could be
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better utilized implementing other recommendations. Ref. #RecommendationP-6 The City should explore with DPS a policy to provide tickets for minor traffic violations via mail like parking or toll violations to reduce police/citizen interactions. Reason for RejectionDPS is unable to do this. To provide a citation for a moving violation, the citing officer must identify the individual driving the vehicle. This differs from parking citations where citations are sent to the owner of a vehicle. Ref. #RecommendationBC-3 The Mayor should utilize a DEI-weighted scoring system when evaluating Commission applications (e.g., demographics, underserved communities, etc.) to ensure an inclusive and equitable selection process. Reason for RejectionThe City cannot place this requirement on the Mayor as those appointment powers are granted under CA Government Code Section 40605 which states that “the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statue.”Ref. #RecommendationBC-4 The City Council should expand membership on all commissions to no fewer than seven members to allow for more opportunities for residents to serve on commissions. Reason for RejectionThe City’s commissions currently include at least seven members, including alternates.Ref. #RecommendationO-4 The City should ensure greater transparency regarding grants for which the City applies to allow for community input and comment.Reason for RejectionThis recommendation would be administratively prohibitive as the timelines for grant applications are often too quick to allow for any pre-submittal community outreach.
Further City Council Direction RequestedStaff is requesting City Council direction on the following recommendations, as described below. Recommendations with an asterisk (*) are truncated.Ref. #RecommendationBC-7 The City Council should limit the duration of a term that a commissioner can serve on a commission to a period of four years. This term limit policy should include the following:-Commissioners would not be allowed to serve successive terms on the same commission but could reapply for non-successive terms. -Commissioners would be allowed to apply to be placed on another commission once their term ends. Question for City Council
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1.Does the City Council want to limit the duration of a term that a commissioner can serve to four years, pursuant to this recommendation? Ref. #RecommendationIP-5 Promote local restaurants and small businesses that are owned and operated by under-represented groups through new and existing local events.Question for City Council1.Are there specific events, beyond what the City currently provides, that the City Council would like implemented? Below is a list of things the City currently does to highlight local businesses:
Discover Dublin! Facebook page –The City promotes local businesses on the Discover Dublin! Facebook page throughout the year with their specials and promotions.
City social media accounts – New businesses with a public facing store front are announced on City social media channels. The City also announces expansions, second locations, awards received/recognition, etc.
Tri-Valley Restaurant Week – The City encourages our businesses to participate in the annual Tri-Valley Restaurant Week.
Dublin Business Brief – The City promotes all new businesses in the Dublin Business Brief, an electronic newsletter that is sent every other month.
Visit Tri-Valley –The City is a partner with Visit Tri-Valley on the Ice Cream Trail, Beer Trail, and Coffee Trail, and promotes these opportunities to local businesses.Ref. #RecommendationCO-1 The City Manager should establish regular touchpoints and communications with a diverse group of community leaders and local organizations. Question for City Council1.Staff envisions establishing a Community Liaison role within the City Manager’s Office to serve as the single point of contact for community leaders and local organizations. Does the City Council have any further feedback on how robust of a program the City should establish? Ref. #RecommendationO-5 The City should create a DEI Commission to monitor implementation of Task Force recommendations, uplift best practices in DEI, and hold public hearings and receive public comments on equity and belonging in Dublin. Justification and Implementation ImpactsStaff is not prepared to make a recommendation regarding the creation of a new DEI Commission. In preparation of this item, Staff researched several DEI Commissions in the cities of Pleasant Hill, Temecula, Elk Grove, Lynnwood WA., and Northglenn, CO., to better understand how these bodies are conducting DEI work. The work of these bodies is consistent, with common tasks including identifying and wordsmithing proclamations, providing letters of support for local non-profit events, and planning public movie showings/book clubs. From this, Staff has concluded that these bodies are not the most meaningful way to ensure the work of the Task Force continues in a productive manner. 1.If the City established such a commission, what would the City Council want that body to work on regularly? Implementation ManagementThe timeframes to implement these recommendations vary from tasks which can be accomplished in the immediate/near term to more complex items that may take upwards of a year or longer to accomplish. The ongoing management of the final approved recommendations will be housed
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within the City Manager’s Office, with direct oversight by the incoming Human Resources Director.Progress on these items will be published in an annual report to the City Council.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. Members of the Community Task Force were notified of this meeting.
ATTACHMENTS:1) Matrix of Approve Recommendations2) Matrix of Modified Recommendations
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Item 7.1
Community Task Force
Recommendation Review and
Implementation Plan
February 1, 2022
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Background
•Community Task Force presented their 43
Recommendations last August
•Internal stakeholder group has worked to
evaluate each to determine:
–Can the recommendation be implemented as
written?
•If not, can it be modified to achieve similar intent?
–Can the recommendation be achieved with existing
resources?
•If not, what is needed?
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Approve Recommendations, 1
•Recommendations DT-1 through DT-5
–Pertain to data transparency for RIPA Stop Data,
Use of Force, Complaints, Commendations, Officer
Demographics, De-escalation.
•Implementation Impact
–DPS will hire a Crime Analyst to handle this work.
•DPS is currently evaluating the best way to structure the
position in combination with existing staff roles and
responsibilities.
•Estimated Annual Cost: $150,000.
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Approve Recommendations, 2
•Recommendation O-2 and O-3
–City provide ongoing DEI Training for all City Staff.
–Embed DEI into the work and culture of the City,
including a DEI process and decision making check-
list.
•Implementation Impact
–Incoming Human Resources director will be charged
with researching and developing a comprehensive,
on-going program for full-time staff, to embed DEI
principles into the work of the City.
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Modified Recommendation P-1
•Original Recommendation
–Creation of Police Advisory Commission & 21st Century
Policy/Community Relations Educational Workshop.
•Modified Recommendation
–The Police Chief will evaluate and form a Chief's Advisory
Group. This group will act in an advisory capacity and
provide feedback to the Chief on ways to enhance police-
community relations in Dublin.
–DPS and the City will organize a public workshop on the
topics included in the recommendation.
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P-1 Justification & Implementation Impacts
•Sheriff, City Manager vs. Advisory Body
Roles/Responsibilities.
•Chief Advisory Group would provide space
for community feedback on police-community
relations.
–Currently evaluating existing structures in
neighboring jurisdictions.
•Public Workshop estimated to cost $15,000 for
consultant/facilitator, material costs.
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Modified Recommendation IP-1
•Original Recommendation
–City will host monthly Town Hall meetings designed to
amplify the voices and concerns of diverse groups
represented in the City.
•Modified Recommendation
–The City of Dublin should develop a program of Quarterly
Town Hall style community meetings.
–The meetings will be topic specific, hosted by the Mayor and
a Councilmember. One meeting each year will be reserved for
DEI-related topics.
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IP-1 Justification and Implementation Impacts
•Planning for monthly Town Hall meetings
would require significant expenditure of staff
time and resources, which would likely require
an additional employee to support.
•A program of quarterly Town Hall Meetings can
be absorbed within existing staff levels and
budgets.
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Rejected Recommendations
•Staff is recommending the City Council reject
four recommendations and portions of one.
•Reasons for rejection
–Out of City control (P-2*)
–Conflict with existing law (P-6, BC-3)
–Redundant (BC-4)
–Administratively prohibitive (O-4)
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City Council Direction Requested
•Recommendation BC-7
–Limit the duration of a term that a commissioner can serve
on a commission to a period of four years
•Commissioners would not be allowed to serve successive
terms on the same commission but could reapply for non-
successive terms.
•Commissioners would be allowed to apply to be placed on
another commission once their term ends.
•Does the City Council want to limit the duration of a term
that a commissioner can serve to four years, pursuant to
this recommendation?
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City Council Direction Requested, 2
•Recommendation IP-5
–Promote local restaurants and small businesses that
are owned and operated by under-represented
groups through new and existing local events.
•Are there specific events, beyond what the City
currently provides, that the City Council would like
implemented?
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City Council Direction Requested, 3
•Recommendation CO-1
–The City Manager should establish regular
touchpoints and communications with a diverse
group of community leaders and local organizations.
•Staff envisions establishing a Community Liaison role
within the City Manager’s Office to serve as the single
point of contact for community leaders and local
organizations. Does the City Council have any
further feedback on how robust of a program the
City should establish?
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City Council Direction Requested, 4
•Recommendation O-5
–The City should create a DEI Commission to monitor
implementation of Task Force recommendations, uplift best
practices in DE, and hold public hearings and receive public
comments on equity and belonging in Dublin.
•Staff is not prepared to make a recommendation regarding this.
–May not be the most meaningful way to ensure the work of
the Task Force continues in a productive manner.
•If the City established such a commission, what would the
City Council want that body to work on regularly?
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Next Steps
•Timeframes to accomplish these
recommendations vary from immediate/near
term tasks to more complex, longer-term items.
•Ongoing management will be housed in the City
Manager’s Office
–Direct oversight by Human Resources Director.
•Progress on these items will be published in an
annual report to the City Council.
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Staff Recommendation
•Receive the Report
•Provide direction on requested items
–Summary on next slide.
•Approve the Implementation Plan.
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Questions?
John Stefanski
Assistant to the City Manager
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Summary
BC-7: Does the City Council want to limit the duration of a term
that a commissioner can serve to four years, pursuant to this
recommendation?
IP-5: Are there specific events, beyond what the City currently
provides, that the City Council would like implemented.
CO-1: Does the City Council have any further feedback on how
robust of a Community Liaison program the City should establish?
O-5: If the City established a DEI Commission, what would the
City Council want that body to work on regularly?
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