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HomeMy WebLinkAbout*December 1, 2020 Regular City Council Meeting packetDecember 1, 2020 Dublin City Council Agenda Page 1 of 4 Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, December 1, 2020 Location: Zoom Communications REGULAR MEETING 7:00 PM UPDATED Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the updated guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will adopt the following practices during upcoming City Council meetings: • Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. and via the City’s website at: http://dublinca.iqm2.com/Citizens/default.aspx • To maximize public safety while maintaining transparency and public access, members of the public may participate in one of the following ways: o Speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday December 1, 2020. Upon submission, you will receive Zoom link information. 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. o Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom. o When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Dublin Civic Center 100 Civic Plaza Dublin, CA 94568 www.dublin.ca.gov COUNCILMEMBERS David Haubert, Mayor Arun Goel, Vice Mayor Melissa Hernandez Jean Josey Shawn Kumagai December 1, 2020 Dublin City Council Agenda Page 2 of 4 3. ORAL COMMUNICATIONS 3.1. Recognition of Supervisor Scott Haggerty The City Council will recognize outgoing Alameda County Board of Supervisors representative Scott Haggerty and consider a proclamation in his honor. STAFF RECOMMENDATION: Recognize outgoing Supervisor Haggerty and proclaim December 1 as "Scott Haggerty Day" in the City of Dublin. 3.2. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Approval of the November 17 and 23, 2020 Special City Council Meeting Minutes The City Council will consider approval of the minutes of the November 17 and 23, 2020, Special City Council meetings. STAFF RECOMMENDATION: Approve the minutes of the November 17 and 23, 2020, Special City Council meetings. 4.2. City Proclamation for the Month of December The City Council will consider the proclamation of December 2020 as Impaired Driving Prevention Month in the City of Dublin. STAFF RECOMMENDATION: Approve the proclamation. 4.3. Purchase of Replacement Tables, Chairs and Related Equipment from MityLite for the Dublin Senior Center The City Council will consider authorizing the purchase of replacement tables, chairs, and related equipment from MityLite for the Dublin Senior Center. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Purchase of Tables, Chairs, and Related Equipment from MityLite for the Dublin Senior Center. 4.4. Authorization for a Purchase and Sale Agreement Between the City and the Surplus Property Authority for an Affordable Housing Site The City Council will consider authorizing the City Manager to negotiate and prepare a Purchase and Sale Agreement for the transfer of approximately one acre of property from the Surplus Property Authority of Alameda County to the City of Dublin for an affordable housing site. STAFF RECOMMENDATION: Authorize the City Manager to negotiate and prepare a Purchase and Sale Agreement. 4.5. Contract Instructor Services Agreement The City Council will consider approval of a contract instructor services agreement for recreational services (tennis instruction), for a term beginning on January 1, 2021 and ending on December 31, 2022. December 1, 2020 Dublin City Council Agenda Page 3 of 4 STAFF RECOMMENDATION: Adopt the Resolution Approving a Contract Instructor Services Agreement with Akshay Arora, dba Arora Tennis and Fitness, for Recreation Services. 4.6. City of Dublin Home Rehabilitation Program The City Council will consider approval of the City of Dublin Home Rehabilitation Grant Program. The proposed Program would provide grants to assist qualifying low-income households to maintain their homes in a safe, livable condition and to prevent neighborhood blight. STAFF RECOMMENDATION: Adopt the Resolution Approving the City of Dublin Home Rehabilitation Program, and approve the budget change. 4.7. COVID-19 Small Business Recovery Grant Program The City Council will consider approving a COVID-19 Small Business Recovery Grant Program to help mitigate the severe impacts of the pandemic and health orders on small businesses. Due to the inclement weather and the move to a more restrictive tier on the State’s Blueprint for a Safer Economy, many small businesses have had to reduce their indoor capacity, shift operations outdoors, or close their doors again. STAFF RECOMMENDATION: Adopt the Resolution Approving the Dublin COVID-19 Small Business Recovery Grant Program and approve the budget change. 5. WRITTEN COMMUNICATION – NONE 6. PUBLIC HEARING – NONE 7. UNFINISHED BUSINESS 7.1. Introduction of An Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms The City Council will consider adopting an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. 8. NEW BUSINESS 8.1. Informational Report: Local Public Health Departments The City Council will receive an informational report on city-run Public Health Departments and the process to form a local Public Health Department. STAFF RECOMMENDATION: Receive the report. 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 December 1, 2020 Dublin City Council Agenda Page 4 of 4 This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Recognition of Supervisor Scott Haggerty Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will recognize outgoing Alameda County Board of Supervisors representative Scott Haggerty and consider a proclamation in his honor. STAFF RECOMMENDATION: Recognize outgoing Supervisor Haggerty and proclaim December 1 as "Scott Haggerty Day" in the City of Dublin. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will recognize outgoing Supervisor Scott Haggerty for his 24-year career representing District 1 on the Alameda County Board of Supervisors. The proclamation of December 1 as “Scott Haggerty Day” reflects the City’s deep appreciation for his contributions to Dublin in the areas of infrastructure, transportation, public safety, facility development, and air quality. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Scott Haggerty Day Proclamation 3.1 Packet Pg. 4 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Scott Haggerty Day” WHEREAS, Supervisor Scott Haggerty was first elected to the Alameda County Board of Supervisors in November 1996 and served six terms in his district, representing the cities of Dublin, Livermore, most of the Fremont, and unincorporated areas of Eastern Alameda County; and WHEREAS, throughout his 24-year career in office, Supervisor Haggerty has been a huge supporter of the Dublin community through his efforts in infrastructure, transportation, public safety, facility development and air quality; and WHEREAS, Supervisor Haggerty has been a driving force behind the efforts in the City to create transit-oriented development at the Dublin Transit Center in his role with the Alameda County Surplus Property Authority; and WHEREAS, Supervisor Haggerty has been an effective leader in regional transportation and infrastructure issues in the Bay Area, and has accomplished many long-needed improvements to major travel corridors including I-580 in the Tri-Valley and the original extension of BART to Dublin and the ValleyLink project, which will extend rail service from the Tri-Valley to San Joaquin County. Supervisor Haggerty was also instrumental in the efforts to create High Occupancy Toll lanes to alleviate traffic on I-580, as well as a future County parking garage in Dublin to help local workers needing to take BART; and WHEREAS, the City of Dublin applauds all of his work serving on regional boards, but particularly his work in serving on the Metropolitan Transportation Commission, the Alameda County Transportation Commission, the Livermore Amador Valley Transit Authority, the WHEELS Rapid system, and being a key player in the Shared Autonomous Vehicle Project; and WHEREAS, in addition to his leadership in the transportation arena, Supervisor Haggerty has been a longtime supporter of public safety in the community, with several County facilities in Dublin including the prospective new Fire Training Center for the Alameda Co unty Fire Department. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim December 1 as “Scott Haggerty Day” in the City of Dublin. DATED: December 1, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai 3.1.a Packet Pg. 5 At t a c h m e n t : 1 . S c o t t H a g g e r t y D a y P r o c l a m a t i o n ( S u p e r v i s o r H a g g e r t y R e c o g n i t i o n ) Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of the November 17 and 23, 2020 Special City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the November 17 and 23, 2020, Special City Council meetings. STAFF RECOMMENDATION: Approve the minutes of the November 17 and 23, 2020, Special City Council meetings. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the November 17 and 23, 2020, Special City Council meetings. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. November 17, 2020 Special City Council Meeting Minutes 2. November 23, 2020 Special City Council Meeting Minutes 4.1 Packet Pg. 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Special Meeting: November 17, 2020 DUBLIN CITY COUNCIL MINUTES 1 SPECIAL MEETING NOVEMBER 17, 2020 Regular Meeting A Special Meeting of the Dublin City Council was held on Tuesday, November 17, 2020, remotely via Zoom Video Communications. The meeting was called to order at 7:00 PM, by Mayor Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Arun Goel Vice Mayor Present Melissa Hernandez Councilmember Present Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Pledge of Allegiance The pledge of allegiance was recited by the City Council and Staff. 3. Oral Communications 3.1. Legislative Update from Assemblymember Rebecca Bauer-Kahan and Senator Steve Glazer The City Council received a legislative update from Rebecca Bauer-Kahan, Assemblymember, for the 16th District, and Steve Glazer, Senator for the 7th District. 3.2. Proclamation in Recognition of Small Business Saturday (November 28, 2020) and Report on Holiday Shop Local Campaign The motion was made by Mayor Haubert and seconded by Councilmember Hernandez to proclaim November 28, 2020, as Small Business Saturday in Dublin, and the City Council received an update on the 2020 Holiday Shop Local Campaign. 4.1.a Packet Pg. 7 At t a c h m e n t : 1 . N o v e m b e r 1 7 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 2 SPECIAL MEETING NOVEMBER 17, 2020 3.3. Recognition of 2020 Inside Dublin Participants The City Council recognized the 2020 Inside Dublin participants. 3.3. Public Comment None. 4. Consent Calendar 4.1. Approved the November 3, 2020 Regular City Council Meeting Minutes. 4.2. Waived the Reading and Adopted ORDINANCE NO. 17 - 20 APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.16 (AGRICULTURAL ZONING DISTRICT), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24 (COMMERCIAL ZONING DISTRICTS), 8.36 (DEVELOPMENT REGULATIONS), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), 8.65 (COTTAGE FOOD OPERATIONS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) AND 8.80 (SECOND UNITS REGULATIONS) REGARDING THE CREATION OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS EFFECTIVE CITY-WIDE PLPA-2020-00035 4.3. Received the City Treasurer's Informational Report of Investments for the Quarter Ending September 30, 2020 4.4. Received the Payment Issuance Report and Electronic Funds Transfers of payments issued from October 1, 2020 - October 31, 2020 totaling $6,832,051.67 4.5. Adopted RESOLUTION NO. 115 - 20 APPROVING A DESIGN-BUILD ENERGY SAVINGS PERFORMANCE CONTRACT WITH WILLDAN ENERGY SOLUTIONS 4.6. Approved the Appointments to the Community Task Force on Equity, Diversity, and Inclusion that will consist of nine (9) voting members: Matthew Aini 4.1.a Packet Pg. 8 At t a c h m e n t : 1 . N o v e m b e r 1 7 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 3 SPECIAL MEETING NOVEMBER 17, 2020 Kathy Avanzino, Beatriz Ballesteros-Kogan, Clifford Brown Jr., Dyrell Foster, Isabella Helene David, Rameet Kohli, Eman Tai, Natasha Tripplett, and three (3) alternates: Martha Orozco, Brittany Jacobs, and Denel McMahan. 4.7. Adopted RESOLUTION NO. 116 - 20 ADOPTING THE CITY OF DUBLIN EMERGENCY OPERATIONS PLAN 4.8. Received the Two-Year Strategic Plan Quarterly Update for 2020-2022 4.9. This item was pulled from the Consent Calendar by Councilmember Josey to ask clarifying questions. Adopted RESOLUTION NO. 117 - 20 APPROVING A FUNDING AGREEMENT WITH THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT FOR IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118 4.12. Adopted RESOLUTION NO. 120 - 20 ESTABLISHING RULES FOR THE SELECTION OF VICE MAYOR AND REPEALING RESOLUTION NO. 5-96 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Jean Josey, Councilmember SECOND: David Haubert, Mayor AYES: Josey, Kumagai, Haubert, Hernandez, Goel 5. Written Communication – None. 6. Public Hearing – None. 7. Unfinished Business – None. 4.1.a Packet Pg. 9 At t a c h m e n t : 1 . N o v e m b e r 1 7 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 4 SPECIAL MEETING NOVEMBER 17, 2020 8. New Business 8.1. Affordable Rental Housing Funding Proposal The City Council received the report and provided direction on the selection of an affordable rental housing project by asking that Staff work with BRIDGE Housing to refine their proposal, while also continuing discussions with Eden Housing. John Rennels provided public comment. 8.2. City of Dublin Home Rehabilitation Program The City Council received a report and by consensus directed Staff to prepare a Home Rehabilitation Program for future consideration. 8.3. Downtown Dublin Streetscape Plan (PLPA-2017-00012) On motion of Mayor Haubert, seconded by Vice Mayor Goel, and by unanimous vote the City Council adopted the Resolution Adopting the Downtown Dublin Streetscape Plan and Amending the City of Dublin Streetscape Master Plan. RESOLUTION NO. 121 - 20 ADOPTING THE DOWNTOWN DUBLIN STREETSCAPE PLAN AND AMENDING THE CITY OF DUBLIN STREETSCAPE MASTER PLAN PLPA-2017-00012 RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Arun Goel, Vice Mayor AYES: Josey, Kumagai, Goel, Haubert, Hernandez 8.4. Update from City Manager on COVID-19 Tier Changes The City Council received a report from the City Manager on the Governor’s action, effective Tuesday, November 17, 2020, moving counties into the more restrictive Purple Tier due to the pandemic, as well as on the City’s actions to date to support small businesses. The City Manager also advised the City Council of a new funding program offered to small businesses by the County which will require matching support from participating cities. The deadline for participation is November 30, 2020. By consensus, the City Council agreed to discuss the latter matter further at a special meeting prior to November 30, 2020. 4.1.a Packet Pg. 10 At t a c h m e n t : 1 . N o v e m b e r 1 7 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 5 SPECIAL MEETING NOVEMBER 17, 2020 9. Other Business The City Council and Staff provided brief informational reports, including committee reports and reports by the City Council related to meetings attended at City expense (AB1234). A moment of silence was held for those who lost their lives due to transgender violence. 10. Adjournment The meeting was adjourned at 9:33 p.m. in honor of Sean Diamond and all our fallen troops, and in recognition of Transgender Day of Remembrance (TDOR). Mayor ATTEST: City Clerk 4.1.a Packet Pg. 11 At t a c h m e n t : 1 . N o v e m b e r 1 7 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Special Meeting: November 23, 2020 DUBLIN CITY COUNCIL MINUTES 1 SPECIAL MEETING NOVEMBER 23, 2020 Regular Meeting A Special Meeting of the Dublin City Council was held on Monday, November 23, 2020, remotely via Zoom Video Communications. The meeting was called to order at 5:00 PM, by Vice Mayor Goel. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present (arrived at 5:15 p.m.) Arun Goel Vice Mayor Present Melissa Hernandez Councilmember Present Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Pledge of Allegiance The pledge of allegiance was recited by the City Council and Staff. 3. Unfinished Business 3.1 Alameda County CARES Matching Grant Program and Other Small Business Financial Support Programs The City Council received a report proposing an adjustment of the CARES Spending Plan to repurpose unused funds, and appropriate additional funds, towards the Alameda County CARES Matching Grant Program . On a motion by Councilmember Josey, seconded by, Councilmember Kumagai and by unanimous vote, the City Council approved an adjustment to the CARES Act Funding Spending Plan, appropriated $200,000 to the Alameda County CARES Matching Grant Program, and approved the budget change of $124,000. By consensus, the City Council asked Staff to bring back a proposal on December 1, 2020, to establish a COVID-19 small business recovery grant program. 4.1.b Packet Pg. 12 At t a c h m e n t : 2 . N o v e m b e r 2 3 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 2 SPECIAL MEETING NOVEMBER 23, 2020 4. Adjournment The meeting was adjourned at 5:40 p.m. Mayor ATTEST: City Clerk 4.1.b Packet Pg. 13 At t a c h m e n t : 2 . N o v e m b e r 2 3 , 2 0 2 0 S p e c i a l C i t y C o u n c i l M e e t i n g M i n u t e s ( A p p r o v a l o f N o v e m b e r 1 7 a n d 2 3 , 2 0 2 0 S p e c i a l M e e t i n g M i n u t e s ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: City Proclamation for the Month of December Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will consider the proclamation of December 2020 as Impaired Driving Prevention Month in the City of Dublin. STAFF RECOMMENDATION: Approve the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: As the holiday season approaches, Mothers Against Drunk Driving® (MADD) is teaming up with law enforcement agencies across the country throughout the month of December, which has been recognized as National Impaired Driving Prevention Month for the 39th consecutive year. MADD is asking people to take personal responsibility this holiday season by considering virtual gatherings due to COVID-19 pandemic. Approval of the proclamation of December 2020 as Impaired Driving Prevention Month in the City of Dublin reflects the City's support for these efforts. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 4.2 Packet Pg. 14 Page 2 of 2 1. Impaired Driving Prevention Month 4.2 Packet Pg. 15 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Impaired Driving Prevention Month” WHEREAS, National Impaired Driving Prevention Month is a time to raise awareness about the consequences of driving under the influence of alcohol and drugs; and WHEREAS, the season between Thanksgiving and New Year’s Day is what the Mothers Against Drunk Driving® (MADD) describes as “one of the deadliest and most dangerous times on America’s roadways due to an increase in impaired driving”; and WHEREAS, MADD is teaming up with law enforcement agencies across the country throughout the month of December, which has been recognized as National Impaired Driving Prevention Month for the 39 th consecutive year; and WHEREAS, during December, drunk driving increases as more people travel and attend events where alcohol is served; and WHEREAS, in light of COVID-19, the CDC recommends considering hosting virtual events to avoid gatherings and travel, which will lower the risk of impaired driving. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim December 2020 as “Impaired Driving Prevention Month” and urges the residents of this community and surrounding communities to commit to a safe holiday season by avoiding distractions on our roadways. DATED: December 1, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai 4.2.a Packet Pg. 16 At t a c h m e n t : 1 . I m p a i r e d D r i v i n g P r e v e n t i o n M o n t h ( C i t y P r o c l a m a t i o n s f o r t h e M o n t h o f D e c e m b e r ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Purchase of Replacement Tables, Chairs and Related Equipment from MityLite for the Dublin Senior Center Prepared by: Liz Elliott, Recreation Coordinator EXECUTIVE SUMMARY: The City Council will consider authorizing the purchase of replacement tables, chairs, and related equipment from MityLite for the Dublin Senior Center. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Purchase of Tables, Chairs, and Related Equipment from MityLite for the Dublin Senior Center. FINANCIAL IMPACT: The funding to purchase replacement tables, chairs, and related equipment for an estimated cost of $71,800 is included in the General Fund Operating Budget (Capital Outlay) approved by the City Council as part of the annual budget process. DESCRIPTION: The City replaces tables, chairs, and other furniture when these items reach the end of service life or become unsafe for use. The Senior Center furniture designated to be replaced is at least 15 years old and includes folding tables and stacking chairs that are used throughout the facility. The furniture is used for private events, senior programs, and a variety of other activities that take place in the banquet room and multipurpose rooms at the Senior Center. Additionally, some furniture has already been discarded in recent years due to appearance and safety concerns. Staff is recommending procurement of MityLite brand furniture. The City has existing MityLite furniture at the Dublin Senior Center and other City facilities. Replacement with similar furniture will allow for use of current storage racks and carts and the ability to share matching furniture amongst facilities/rooms as needed. The quality of MityLite products and customer service has been well-regarded by Staff. MityLite also offers warranties on furniture that range from 12-15 years depending on the model. 4.3 Packet Pg. 17 Page 2 of 2 The total cost of the replacement furniture is estimated at $71,800, which exceeds the City Manager’s purchasing authority. The attached resolution (Attachment 1) authorizes this transaction. Furthermore, Staff seeks the City Council’s approval to waive the competitive bidding process for these purchases, via Section 2.36.100.B.9 of the City Municipal Code. This section provides an exemption to a competitive bidding process “when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies, or equipment”. MityLite offers its products at negotiated prices to local government agencies based on pricing submitted through a Federal General Services Administration (GSA) pricing schedule. GSA pricing schedules are long-term governmentwide contracts with commercial firms providing federal, state, and local government buyers with access to commercial supplies and services at discount pricing. The Federal GSA Authorized Schedule Price List, contract GS-03F-041DA, is valid through January 2021. The GSA schedule with pricing from MityLite is included with this Staff Report as Attachment 2. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Authorizing the Purchase of Tables, Chairs, and Related Equipment from MityLite for the Dublin Senior Center 2. Exhibit A to the Resolution - MityLite Federal GSA Pricing Schedule 4.3 Packet Pg. 18 Reso No. XX-20, Item X.X, Adopted 12/1/20 Page 1 of 1 RESOLUTION NO. xx - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE PURCHASE OF TABLES, CHAIRS, AND RELATED EQUIPMENT FROM MITYLITE FOR THE DUBLIN SENIOR CENTER WHEREAS, the City requires tables, chairs, and related equipment at the Dublin Senior Center, and routinely replaces furniture and related equipment that has reached the end of its useful life; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, MityLite has a valid pricing agreement (contract GS-03F-041DA attached hereto as Exhibit A) publicly bid by the Federal General Services Administration, which meets this Municipal Code provision for a publicly bid agreement, and the contract is valid through J anuary 31,2021; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment and services with a cost greater than or equal to forty-five thousand dollars ($45,000). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to procure tables, chairs, and related equipment from MityLite, subject to available budget appropriations, under a purchasing agreement publicly bid by the Federal General Services Administration through the term of the contract. PASSED, APPROVED AND ADOPTED this 1st day of December 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.3.a Packet Pg. 19 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g t h e P u r c h a s e o f T a b l e s , C h a i r s , a n d R e l a t e d E q u i p m e n t f r o m M i t y L i t e f o r t h e D u b l i n S e n i o r C e n t e r GENERAL SERVICES ADMINISTRATION Federal Supply Service Authorized Federal Supply Schedule Price List On -line access to contract ordering information, terms and conditions, up -to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu driven database system. The INTERNET address for GSA Advantage! is: www.GSAAdvantage.gov . Schedule Title Miscellaneous Furniture: Conference Room & Multi-Purpose Tables and Chairs FSC Group: 71, PART 1, FSC CLASS 7110, 7105 Product Services Code: 7110,7105 Contract Number: GS -03F -041DA For more information on ordering from Federal Supply Schedules go to the internet address: http://www.gsa.gov/schedules. Find link to GSA Schedules. Then find link to Customers Ordering from Schedules. Next, find links to Ordering Procedures for Services Requiring a Statement of Work and Ordering Procedures for Services not Requiring a Statement of work. Contract Perio d: January 12, 2016 - January 11, 2021 Contractor Name : Mity-Lite Inc. Address: 1301 West 400 North, Orem, UT 84057 Phone Number: 801-224-0589 Fax Number: 801-224-6191 Web site: www.mitylite.com Contact for contract administration: Jeff Scott Email: jeff.scott@mityinc.com Business size: Small Business 4.3.b Packet Pg. 20 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - M i t y L i t e F e d e r a l G S A P r i c i n g S c h e d u l e ( S e n i o r C e n t e r T a b l e a n d C h a i r R e p l a c e m e n t ) Page 2 of CUSTOMER INFORMATION 1a. Table of awarded Special Item Numbers (SINs): SIN # SIN Title 711-11 Tables & Accessories 711-19 Stacking Chairs & Dollies 711-18 Multipurpose Seating 71 500 Order-Level Materials 1b. Identification of the lowest priced service for each special item number awarded in the contract. SIN # Model Price 711-11 PCT-30 $119.84 711-19 One Series Lite $25.71 711-18 Swiftset HD $58.31 1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided . 2. Maximum order for each SIN: SIN# MAXIMUM ORDER 711-11 $500,000 711-19 $200,000 711-18 $200,000 3. Minimum order: $100 4. Geographic coverage (delivery area): Worldwide 5. Point(s) of production: Orem, Utah, USA 6. & 7, Quantity Discount from list prices or statement of net price: T ables: 711-11 1-49 Units 62.55% discount, FOB Origin 50-99 Units 63.69% discount, FOB Origin 100+ Units 65.62% discount FOB Destination Multipurpose Seating: 711-18 1-99 Units 56.27% discount 100-299 Units 58.17% discount 300-499 Units 60.08% discount 500+ Units 61.98% discount FOB Origin Stacking Chairs: 711-18 1-75 Units 60.79% discount 76-149 Units 61.65% discount 150-299 Units 62.60% discount 300-499 Units 63.35% discount 500-599 Units 64.65% discount 600-749 Units 65.95% discount 750-999 Units 67.25% discount 1000+ Units 68.55% discount FOB Origin 4.3.b Packet Pg. 21 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - M i t y L i t e F e d e r a l G S A P r i c i n g S c h e d u l e ( S e n i o r C e n t e r T a b l e a n d C h a i r R e p l a c e m e n t ) Page 3 of 8. Prompt payment terms: Note: Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 1% 20 Net 30 9a. Notification that Government purchase cards are accepted at or below the micro - purchase threshold: Yes 9b. Notification whether Government purchase cards are accepted or not accepted above the micro-purchase threshold: Yes 10. Foreign items: N/A 11a. Time of delivery: 45 Days 11b. Expedited delivery: N/A 11c. Overnight and 2-day delivery: N/A 11d. Urgent requirements: Available Upon Request 12. F.O.B. point(s): Orem, Utah 84057 13a. Ordering address(es): Mity-Lite, Inc. 1301 West 400 North Orem , Utah 84057 13b. Ordering procedures : For supplies and services, the ordering procedures, information on blanket purchase agreements (BPA’s), and a sample BPA can be found at the GSA/FSS schedule homepage (www.fss.gsa.gov/schedules ). Order through GSA Advantage or contact Mity-Lite Directly. 14. Payment address: Mity-Lite, Inc. 1301 West 400 North Orem, Utah 84057 15. Warranty provision: 15 Year Warranty 16. Export packing charges: N/A 17. Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level). Government Cards Accepted 18. Terms and conditions of rental maintenance, and repair: N/A 19. Terms and conditions of installation: N/A 20. Terms and conditions of repair parts: N/A 20a. Terms and conditions for any other services: N/A 21. List of service and distribution points: Mity-Lite, Inc. 1301 West 400 North, Orem, Utah 84057 4.3.b Packet Pg. 22 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - M i t y L i t e F e d e r a l G S A P r i c i n g S c h e d u l e ( S e n i o r C e n t e r T a b l e a n d C h a i r R e p l a c e m e n t ) Page 4 of 22. List of participating dealers: None 23. Preventative maintenance: N/A 24a. Special attributes such as environmental attributes: Green Guard Certified 24b. Section 508 compliance or EIT: N/A 25. Data Universal Number System (DUNS) number: 18-1072521 26. Notification regarding registration in the System for Award Management (SAM) database. Registered 4.3.b Packet Pg. 23 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - M i t y L i t e F e d e r a l G S A P r i c i n g S c h e d u l e ( S e n i o r C e n t e r T a b l e a n d C h a i r R e p l a c e m e n t ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Authorization for a Purchase and Sale Agreement Between the City and the Surplus Property Authority for an Affordable Housing Site Prepared by: Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider authorizing the City Manager to negotiate and prepare a Purchase and Sale Agreement for the transfer of approximately one acre of property from the Surplus Property Authority of Alameda County to the City of Dublin for an affordable housing site. STAFF RECOMMENDATION: Authorize the City Manager to negotiate and prepare a Purchase and Sale Agreement. FINANCIAL IMPACT: There is no fiscal impact associated with receiving this report. DESCRIPTION: The Surplus Property Authority (Authority) of Alameda County holds title to a 2.4-acre property (APN 986-0034-013-01) in the East Dublin Transit Center, located at the southeast corner of Iron Horse Parkway and Martinelli Drive, commonly known as Site D-1. Please see Figure 1 for an aerial view of the parcel. 4.4 Packet Pg. 24 Page 2 of 3 Figure 1. Aerial of Site D-1 The County, through the General Services Agency (GSA), is designing a parking garage for the easterly portion of the site that will leave approximately one acre of undeveloped land on the westerly portion, along the Iron Horse Parkway frontage. GSA is currently anticipating that construction of the parking garage will commence in mid- 2021. Once design of the garage has been finalized, Site D-1 will be divided into two legal parcels, with the garage portion being quitclaimed to the County by the Authority. The City requested, via Supervisor Haggerty, that the remaining one-acre parcel be utilized for an affordable housing project. The Supervisor and Surplus Authority staff met with City staff to discuss the terms of a property transfer, at which point they were amendable to the deal terms subject to authorization by the Board of Supervisors. The City and Authority staff anticipate transferring the parcel through utilization of Government Code 25539.4, which allows property that is transferred for affordable housing to be considered “exempt surplus property”. Staff is requesting authorization to negotiate and prepare a Purchase and Sale Agreement for the approximate one-acre westerly portion of Site D-1 that would permit the transfer of the property from the Authority to the City, or its designee, for an affordable housing development. The Purchase and Sale Agreement would further specify that the transfer would occur when the City has approved a 100% affordable development that meets the requirements of Government Code Section 25539.4. In addition, the Authority has accumulated fee credits under the City’s Impact Fee program and the City and Authority staff have agreed that the affordable housing developer would be required to purchase and use the Authority’s credits against the City’s impact fees charged for this development. Site D-1 4.4 Packet Pg. 25 Page 3 of 3 The City’s Inclusionary Zoning Ordinance requires that all new residential development projects with 20 units or more construct 12.5% of the total units as affordable units, as defined. When the number of affordable units constructed exceeds the number of affordable units required, credits may be issued. These credit certificates are typically issued to the developer; however, City and Authority staff have further agreed that any City affordable unit credits generated by the affordable housing development would be equally split between the City and the Authority. The Authority would then have the exclusive right to utilize the affordable credits for any future residential development on Authority property in Dublin. Sales of credits outside of the Authority property can be pursued by the City or the Authority. On November 10, 2020, the County of Alameda Board of Supervisors authorized Authority staff to negotiate and prepare a Purchase and Sale Agreement as described above. Once a Purchase and Sale Agreement has been drafted that is agreeable to both City and Authority staff, it would be brought back to the City Council for authorization to execute. Staff also anticipates a separate agreement between the City and an affordable housing developer, which will include the affordable housing and credit obligations and requirements described above. This separate agreement will also be brought back to City Council in the future. STRATEGIC PLAN INITIATIVE: Strategy 3. Create More Affordable Housing Opportunities. Strategic Objective 3B. Look for additional opportunities to facilitate the acquisition of sites, at low or no cost, to build housing that is affordable to lower income households. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 4.4 Packet Pg. 26 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Contract Instructor Services Agreement Prepared by: Jennifer Mendez, Management Analyst I EXECUTIVE SUMMARY: The City Council will consider approval of a contract instructor services agreement for recreational services (tennis instruction), for a term beginning on January 1, 2021 and ending on December 31, 2022. STAFF RECOMMENDATION: Adopt the Resolution Approving a Contract Instructor Services Agreement with Akshay Arora, dba Arora Tennis and Fitness, for Recreation Services. FINANCIAL IMPACT: Under the proposed agreement, the City retains 30 percent of fee revenue generated from one-on-one tennis lessons and 40 percent of fee revenue generated by group lessons and passes the rest through to the contractor. DESCRIPTION: The Parks and Community Services Department regularly engages independent contractors for the provision of recreational activities and programs to the Dublin community. Upon acceptance of a contractor proposal, Staff works with the contractor to determine the specifics of the activity, facility suitability and availability, participant minimums and maximums, and participant age range. All contractors set their own prices and schedules for their activities or programs. Akshay Arora, dba Arora Tennis and Fitness, has submitted a proposal to provide tennis classes, camps and activities, and one-on-one tennis lessons for a term beginning January 1, 2021 and ending December 31, 2022. Arora Tennis and Fitness has provided these services to the City of Dublin since 2008, and Staff has received positive feedback from participants and believes that these services are in line with the Parks and Community Services Department mission. The proposed agreement provides for the City to retain a portion of the fee revenue and 4.5 Packet Pg. 27 Page 2 of 2 pass the rest to the contractor. As the pass-through payments to the contractor will likely exceed the City Manager’s purchasing limit of $45,000, this agreement requires City Council approval. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report has been provided to the contract instructor. ATTACHMENTS: 1. Resolution Approving a Contract Instructor Services Agreement with Akshay Arora, dba Arora Tennis and Fitness 2. Exhibit A to the Resolution - Agreement for Contract Instructor Services 4.5 Packet Pg. 28 RESOLUTION NO. xxx - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH AKSHAY ARORA, DBA ARORA TENNIS AND FITNESS, FOR RECREATION SERVICES WHEREAS, the Parks and Community Services Department regularly engages in agreements with independent contractors for the provision of recreational activities or programs to the Dublin community; and WHEREAS, Staff has received and evaluated a proposal from Akshay Arora, dba Arora Tennis and Fitness, to continue to provide tennis classes, tennis camps and activities, and one-on-one tennis lessons in the City of Dublin; and WHEREAS, Staff has had a historically positive experience contracting with Arora Tennis and Fitness and believes that the services provided are in line with the Parks and Community Services Department mission; and WHEREAS, Staff has negotiated terms with Arora Tennis and Fitness for services to begin on January 1, 2021 and end on December 31, 2022. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Contract Instructor Services Agreement with Akshay Arora, dba Arora Tennis and Fitness, attached hereto as Exhibit A, for recreation services. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and to make any minor modifications to carry out the intent of this resolution. PASSED, APPROVED AND ADOPTED this 1st day of December 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk 4.5.a Packet Pg. 29 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t w i t h A k s h a y A r o r a , d b a A r o r a T e n n i s a n d F i t n e s s ( C o n t r a c t AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 1 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES This Agreement for Contract Instructor Services (“Agreement”) is made and entered into as of the 1st day of December, 2020 by and between the City of Dublin, a municipal corporation of the State of California ("City") and Akshay Arora Tennis and Fitness (“Contractor”), a sole proprietorship in the State of California (collectively, the “Parties”). In consideration of their mutual covenants, the Parties hereto agree as follows: 1. Scope of Work. The Parties acknowledge that Contractor possesses experience and knowledge of value to the City and, as such, enter into this Agreement for specialized services. Subject to the terms and conditions of this Agreement, the Contractor shall provide the following (“Services”): [SEE “EXHIBIT A” FOR DESCRIPTION OF SERVICES] 2. Performance of Services. Contractor has the right and power to control how the Services provided under this Agreement will be performed by the Contractor and its employees, agents, or representatives. Contractor shall direct the means, manner, and method by which the Services under this Agreement will be performed, without interference from the City as to the mode of accomplishing or effectuating the performance of Services. Contractor may, at its own expense, retain the services of third- parties in performing the Services under this Agreement, unless doing so would result in a material breach of any provision contained herein. 3. Payment Terms. For the services described in Section 1 above, the City agrees to pay Contractor 70% of the resident rate for each private lesson participant and 60% of the resident rate for each group lesson participant, which amount shall include all expenses. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this field is expected). Contractor understands that any time a participant requests a refund or credit, that amount will be reduced from the gross revenue on which Contractor’s payment is calculated. Contractor understands and agrees that Contractor will complete and submit a Contract Contractor Course Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the course, program or activity will be added to the City’s public recreation offerings. Session dates may be altered from time to time at the City’s discretion. City, at its sole discretion, will accept or reject Contractor’s proposal and collaborate with Contractor in finalizing a session schedule. When each session schedule is finalized, the City will produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set forth in full. At the end of each session, the City shall pay Contractor for services rendered. The City will issue payment to Contractor within 30 business days after services are complete. Prior to City processing payment, Contractor shall submit course attendance sheets and completed evaluation forms, if applicable, to the Parks and Community Services Department within five working days upon completion of service. 4. Location of Work. Due to the nature of work and subject to the terms and conditions of this Agreement, the City and Contractor agree that Contractor will provide services and/or class instruction (check all that apply):  Offsite: At his/her/their own facility, located off-premises from any City-owned facility located at ____________________________________________________________. (Street, City, Zip Code) X Onsite: At a City-owned facility.  Other: ____________________________________________________________. (Please Describe) 4.5.b Packet Pg. 30 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 2 5. Expenses. Except as otherwise specified in this Agreement or mutually agreed upon by the Parties, the Contractor shall be responsible for all the necessary costs and expenses incurred in connection with the performance of the Services under this Agreement. This may include, but is not limited to, supplies, software, subscriptions, working spaces, equipment, operating costs, business costs, licenses, registrations, employment costs, taxes, Social Security contributions / payments, disability insurance, unemployment taxes, and any other cost that is made in connection with the Services provided Contractor. 6. Term. Contractor’s engagement with the City, and the terms and conditions of this Agreement, shall be effective as of 1/1/2021 (“Effective Date”) and shall terminate on 12/31/2022. 7. Termination. This Agreement may be terminated by either Party upon sixty (60) days of prior written notice, or as mutually agreed upon in writing by both Parties. At the time of termination, Contractor agrees to return all the City property in Contractor’s possession including, but not limited to, any documents, materials, and other proprietary information belonging to the City, in both physical and electronic form. The City shall issue a final payment to Contractor for all Services provided and due as of the date of termination. If either Party materially breaches any term of this Agreement, in addition to any other remedies at law or equity, the other Party may terminate the Agreement if such breach is not cured within ten (10) days after written notice of such breach is given. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of City, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, City at any time may terminate the engagement of the Contractor immediately and without written notice to the Contractor. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq. 8. Relationship of Parties. It is understood by the Parties that, under the code of the Internal Revenue Service (IRS) and applicable law, the Contractor is an independent contractor with respect to the City. Therefore, the Parties agree and acknowledge that neither the Contractor, or any of its employees, subcontractors, volunteers, or agents (collectively, “Representatives”) are employed by the City. Furthermore, at all times during the term of this Agreement, the Contractor and its Representatives shall have no authority, express or implied, to bind the City to any obligation whatsoever. Notwithstanding any other state or federal law to the contrary, the Contractor and its Representatives shall not qualify for, or become entitled to any compensation, benefit, except as specified in this Agreement, or any incident of employment with the City. In its capacity as an independent contractor, Contractor agrees and represents that: (i) Contractor has the right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed; (ii) Contractor maintains all necessary licenses, registrations, permits, and certifications required to perform the Services under this Agreement; (iii) Contractor sets its own hours and maintains a business location that is separate from the business or work location of the City; (iv) Contractor is customarily engaged in an independently established business providing the same or similar services as provided by this Agreement; (v) Contractor has the ability to contract with other businesses to provide the same or similar services as provided by this Agreement, without restriction from the City; (vi) Contractor holds itself out to the public as available to provide the same or similar services; (vii) Contractor provides its own tools, equipment, software, programs, and any other supplies necessary to perform the Services; (viii) Contractor can negotiate its own rates; (ix) Contractor has the right to hire assistants, retain subcontractors, or utilize employees to provide the services required under this Agreement; 4.5.b Packet Pg. 31 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 3 (x) Contractor shall be solely responsible for the payment of payroll taxes and any unemployment compensation on behalf of their employees and personnel; (xi) Contractor shall be responsible for providing all workers’ compensation insurance on behalf of their employees and, if Contractor hires employees to perform any work under this Agreement, Contractor agrees to grant workers’ compensation coverage to the extent required by law. _______________ Initial 9. Non-Exclusivity. It is contemplated that the relationship between the Contractor and the City shall be a non-exclusive one. Contractor has the right and ability to perform services for other business entities, organizations, and/or individuals, without restriction from the City, except where matters may arise as to confidentiality and conflicts of interest. 10. Indemnification. Contractor will defend and indemnify the City and its officers, directors, managers, employees, agents, and representatives (“Affiliates”) against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens, or other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, including attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to this Agreement or Contractor’s activities pursuant to this Agreement, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of the City and its Affiliates. 11. Insurance. Where necessary to perform the Services under this Agreement, Contractor, at its sole cost and expense, shall procure and maintain for the duration of the Agreement the types and amounts of insurance listed below against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor and its Representatives. Contractor will obtain and maintain policies of commercial general liability insurance and automobile liability insurance, and worker’s compensation insurance and/or sexual abuse and molestation liability insurance, if applicable, from an insurance company authorized to transact the business of insurance in the State of California. The insurance requirements are as follows: (i) Commercial General Liability: Insurance plan, at least as broad as Insurance Services Office Form CG 0001 (most recent edition), with an “occurrence” basis, including property damage, bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than $1,000,000 per occurrence. (ii) Automobile Liability: Contractor shall maintain a current and valid Automobile Insurance Policy at or above the minimum level required by the State of California for any and all vehicles used to perform the Services under this Agreement. (iii) Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Proof of workers’ compensation insurance is applicable if Contractor has employees other than self. If Contractor does not have employees other than self, Contractor shall submit a completed “No Employees Declaration Form” provided by the City. (iv) Sexual Abuse or Molestation (SAM) Liability: If the Commercial General Liability policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A-:VII. The City of Dublin and its elected officials, officers, employees, agents, and volunteers must be named as additional insureds on 4.5.b Packet Pg. 32 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 4 commercial general liability insurance, automobile liability insurance, and sexual abuse or molestation liability insurance, if applicable. Contractor’s insurance coverage will be primary insurance with respect to City and its elected officials, officers, employees, agents, and volunteers. The insurance policies must include a waiver of all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Contractor for the City (including workers’ compensation insurance, if applicable). Any insurance or self-insurance maintained by the City will be in excess of Contractor’s insurance and not contributory with it. Contractor will furnish certificates of insurance and endorsements to City prior to City’s execution of this Agreement. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to modify these requirements, and reserves the right to require complete copies of all required insurance policies at any time. 11. Nondiscrimination and Equal Opportunity. The Parties shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or applicant for any services or programs provided under this Agreement. 12. Mandated Reporting. Contractor recognizes and acknowledges that persons under the age of 18 may participate in classes/activities to be conducted by Contractor pursuant to this Agreement. Contractor further recognizes and acknowledges that if any person under the age of 18 does, in fact, participate in said classes/activities, then Contractor is deemed to be a “Mandated Reporter” pursuant to the California Child Abuse and Neglect Reporting Act (Penal Code §§ 11164- 11174.3) (“CANRA”). Concurrently with the execution of this Agreement and pursuant to Penal Code section 11166.5, Contractor has been provided with, and has executed, an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes, which acknowledgement shall be maintained by the City during the term of this Agreement. If the Contractor has employees, subcontractors, volunteers, and agents, and those employees, subcontractors, volunteers, and agents will come into contact with minors on a regular basis, those employees must also follow the Mandated Reporter requirements. Contractors who have employees will be required to execute an Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during the term of this Agreement. 13. TB Test Requirements. If the Services include contact with minors, Contractor shall produce a certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the Contractor has been examined and has been found to be free of communicable tuberculosis (TB). If the Contractor has employees, those employees must also follow the TB requirements set forth in this Agreement. Contractors who have employees, subcontractors, volunteers, and agents will be required to execute an Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during the term of this Agreement. 14. Fingerprint Requirements. If class/program is open to youth under the age of 18 years, Contractor and any of its employees, subcontractors, volunteers, and agents of the Contractor agrees to fulfill all fingerprint/background checks prior to the first class. Contractor and the Contractor’s employees, subcontractors, volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of Justice and Contractor has been notified by a Parks & Community Services Department representative. 4.5.b Packet Pg. 33 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 5 15. Transporting Participants. Contractor or any of its employees, subcontractors, volunteers, and agents shall not transport any participant in his/her own vehicle. Transportation is the responsibility of the program participant. 16. Mutual Representations and Warranties. Both the City and Contractor represent and warrant that each Party has full power, authority and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement. 17. No Implied Waiver of Breach. The waiver of performance or any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 18. Notice. Any notice or other communication given or made to either Party under this Agreement shall be in writing and delivered by hand, sent by certified or registered mail, return receipt requested, to the addresses provided below or to another address as that Party may subsequently designate by notice, and shall be deemed given on the date of delivery. City Contractor Linda Smith City Manager 100 Civic Plaza Dublin, CA 94568 (925) 833-6650 Arora Tennis & Fitness Attn: Akshay Arora 3169 Ridgefiled Way Dublin, CA 94568 (925) 699-7794 19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20. Disputes. All disputes arising out of this agreement shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. The dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. 21. Governing Law and Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. The laws of the State of California will govern this Agreement. 22. Integration and Amendments. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral as of the Effective Date. The Parties may amend this Agreement if mutually agreed upon in writing. SIGNATURES ON THE FOLLOWING PAGE 4.5.b Packet Pg. 34 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 6 IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the Effective Date. CITY OF DUBLIN: CONTRACTOR: BY: ____________________________________ BY: ____________________________________ SIGNATURE SIGNATURE ____________________________________ ____________________________________ NAME NAME DATE: __________________________________ DATE: __________________________________ 3552376.1 Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 4.5.b Packet Pg. 35 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 7 EXHIBIT A Arora Tennis and Fitness is a full-time, year-round, tennis program located in East Bay, California partnering with the City of Dublin, City of San Ramon, City of Livermore, and Town of Danville. Arora Tennis has a qualified staff of teaching professionals who take tennis players of all abilities to the next level. Arora Tennis and Fitness provides coaching for both private lessons and group lessons for toddlers, youth, and adults. Junior classes are offered at the age of 4 beginning with the Tiny Tots Program and progressing through youth classes for ages 7-12, which include Mighty Aces, Junior Stars, and Grand Slammers. Youth players can also progress through adult tournament training classes for ages 7 – 18 which include Tournament Training 1 & 2 and High Performance Training 1 & 2. All group lessons offer a 1:3 and 1:6 instructor to student ratio. Semi-private and private lessons are offered with USTA certified coaches and can include 1 – 1 private lessons or 4 – 1 semi-private lessons. Beyond that Arora Tennis provides lessons to nationally ranked players. Arora Tennis staff most often come with a strong tennis background and have competed in USTA junior and adult competitions, with most currently holding their USTA ranking status. In the East Bay cities Arora Tennis has helped create a strong tennis community presence through their offering of various group, semi-private, and private tennis lessons. 4.5.b Packet Pg. 36 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r C o n t r a c t I n s t r u c t o r S e r v i c e s ( C o n t r a c t I n s t r u c t o r S e r v i c e s A g r e e m e n t ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: City of Dublin Home Rehabilitation Program Prepared by: Jim Bergdoll, Senior Planner, and Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider approval of the City of Dublin Home Rehabilitation Grant Program. The proposed Program would provide grants to assist qualifying low-income households to maintain their homes in a safe, livable condition and to prevent neighborhood blight. STAFF RECOMMENDATION: Adopt the Resolution Approving the City of Dublin Home Rehabilitation Program, and approve the budget change. FINANCIAL IMPACT: Staff proposes allocating $25,000 of the City’s Affordable Housing Fund annually for the proposed Home Rehabilitation Grant Program. In future years, Staff will look for other funding sources to offset the allocation of Affordable Housing Funds to support the grant program. Administration of the proposed grant program can be completed with existing Staff resources. DESCRIPTION: Minor home rehabilitation grants and home improvement loan assistance are available to low-income households through existing Alameda County programs. However, these programs have limitations, and there are instances where a homeowner may not be eligible for or able to take advantage of a County program. Please refer to Attachment 3 for a description of the existing County programs. To fill this gap, Staff is proposing a Dublin-based Home Rehabilitation Grant Program for low-income homeowners. Proposed Dublin Home Rehabilitation Grant Program The goal of the proposed Dublin Home Rehabilitation Program is to provide supplemental assistance to homeowners that received a grant or loan through the County’s programs and need additional funding or were turned down because they 4.6 Packet Pg. 37 Page 2 of 3 were not able to meet all of the County’s criteria. It is not Staff’s intent to provide a program in lieu of the County’s programs but in addition to it for special circumstances. On November 17, 2020, the City Council received a report on the proposed Dublin Home Rehabilitation Grant Program and directed Staff to formally prepare the Program for their consideration. The draft Program and related guidelines are provided below and included as Exhibit A to the Resolution. Program Overview The City of Dublin’s Home Rehabilitation Grant Program provides financial assistance to qualifying homeowners to maintain their homes in a safe, livable condition and to prevent neighborhood blight. The goal of this program is to provide supplemental assistance to homeowners that may have received a grant or loan through existing Alameda County programs and need additional funding or were turned down because they were unable to meet all of the County’s criteria. The Home Rehabilitation Program provides two types of grants: •Rehabilitation Grants: This program provides grants of up to $5,000 to eligible homeowners to increase the safety and energy efficiency of their homes, construct accessibility improvements, and/or to rehabilitate and improve electrical, plumbing, roofing, and other similar improvements as determined by the Community Development Director to ensure safe and livable conditions. •Beautification Grants: This program provides grants of up to $5,000 to eligible homeowners to improve the exterior appearance of their homes and prevent neighborhood blight such as exterior paint or removal of overgrown vegetation, and other similar improvements as determined by the Community Development Director to reduce and prevent neighborhood blight. Program Eligibility In order to be eligible to receive a Rehabilitation Grant or Beautification Grant, the applicant must meet all of the following requirements: 1.Lives in the property as a primary residence and holds title to the property where the improvements are to be performed. 2.Has household income that does not exceed 80% of area median income (AMI) currently and for the last two years. 3.Has no more than $150,000 in assets not including the home’s value. 4.Has an approved application for an existing Alameda County home repair grant or loan program and requires additional funding to complete the scope of the project or has been determined to be ineligible for those County programs. 5.Has not received the same grant type from the City of Dublin within the last two years. Under special circumstances, the City Manager may make exceptions to the above requirements. 4.6 Packet Pg. 38 Page 3 of 3 Application Process 1. Homeowner shall submit a complete grant application and such supporting materials as required by the Community Development Director to determine eligibility along with at least three bids from licensed contractors for the proposed work. The bid selected by the homeowner shall not exceed the average cost of all bids, unless approved by the City. Homeowners in one of Alameda County’s existing repair programs may submit a copy of their approved County application and approved contractor’s scope of work and cost estimate, and documentation of the County’s approval in lieu of three bids. 2. Applications will be reviewed on a first-come-first-served basis and will be prioritized, if necessary, based on the type of grant being requested and funding availability. For example: grants for health and safety will be prioritized over grants for beautification. 3. Approval of the grant application would create a Grant Agreement between the City of Dublin and the homeowner receiving the grant. 4. If approved, grant payments will be made directly to the contractor once the applicant submits a final bill and evidence that the work is completed. ENVIRONMENTAL REVIEW: The City of Dublin Home Rehabilitation Program is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that future projects funded by the Program would involve minor repair and maintenance of existing homes involving no expansion of use. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the City of Dublin Home Rehabilitation Grant Program 2. Exhibit A to the Resolution - City of Dublin Rehabilitation Grant Program 3. City Council Staff Report dated November 17, 2020 4. Budget Change Form 4.6 Packet Pg. 39 Reso No. XXX-20, Item X.X, Adopted 12/1/2020 Page 1 of 2 RESOLUTION NO. XXX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CITY OF DUBLIN HOME REHABILITATION GRANT PROGRAM WHEREAS, on November 17, 2020, the City Council received a report on a proposed City of Dublin Home Rehabilitation Grant Program (“Program”) and directed Staff to bring back an item to approve the Program with prepared guidelines for implementation; and WHEREAS, at the aforementioned meeting, the City Council recommended an initial appropriation of $25,000 from the City’s Affordable Housing Fund to fund grants for the Program; and WHEREAS, the City of Dublin’s Home Rehabilitation Grant Program would assist low- income households to maintain their homes in a safe, livable condition and to prevent neighborhood blight with the goal of providing supplemental assistance to homeowners that may have received a grant or loan through existing Alameda County programs and need additional funding or were turned down because they were unable to meet all of the County’s criteria; and WHEREAS, on December 1, 2020, the City Council considered the proposed Program and made the finding that it is consistent with the designated purpose of the Affordable Housing Fund in that the repair of housing owned by low income residents has widely been found to be an important part of preserving affordable housing stock and, therefore, helps with the overall supply; and WHEREAS, Program is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that future projects funded by the Program would involve minor repair and maintenance of existing homes involving no expansion of use; and WHEREAS, a Staff Report dated December 1, 2020, and incorporated herein by reference, described the Program and its related guidelines for the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the City of Dublin Home Rehabilitation Grant Program attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED, AND ADOPTED this 1st day of December 2020, by the following vote: AYES: NOES: ABSENT: 4.6.a Packet Pg. 40 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e C i t y o f D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m Reso No. XXX-20, Item X.X, Adopted 12/1/2020 Page 2 of 2 ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk 4.6.a Packet Pg. 41 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e C i t y o f D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m Exhibit A to Resolution XXX-20 City of Dublin’s Home Rehabilitation Grant Program Program Overview The City of Dublin’s Home Rehabilitation Grant Program provides financial assistance to qualifying homeowners to maintain their homes in a safe, livable condition and to prevent neighborhood blight. The goal of this program is to provide supplemental assistance to homeowners that may have received a grant or loan through existing Alameda County programs and need additional funding or were turned down because they were unable to meet all of the County’s criteria. The Home Rehabilitation Program provides two types of grants: • Rehabilitation Grants: This program provides grants of up to $5,000 to eligible homeowners to increase the safety and energy efficiency of their homes, construct accessibility improvements, and/or to rehabilitate and improve electrical, plumbing, roofing, and other similar improvements as determined by the Community Development Director to ensure safe and livable conditions. • Beautification Grants: This program provides grants of up to $5,000 to eligible homeowners to improve the exterior appearance of their homes and prevent neighborhood blight such as exterior paint or removal of overgrown vegetation, and other similar improvements as determined by the Community Development Director to reduce and prevent neighborhood blight. Program Eligibility In order to be eligible to receive a Rehabilitation Grant or Beautification Grant, the applicant must meet all of the following requirements: 1. Lives in the property as a primary residence and hold title to the property where the improvements are to be performed. 2. Has household income that does not exceed 80% of area median income (AMI) currently and for the last two years. 3. Has no more than $150,000 in assets not including the home’s value. 4. Has an approved application for an existing Alameda County home repair grant or loan program and requires additional funding to complete the scope of the project or has been determined to be ineligible for those County programs. 5. Has not received the same grant type from the City of Dublin within the last two years. Under special circumstances, the City Manager may make exceptions to the above requirements. Application Process 1. Homeowner shall submit a complete grant application and such supporting materials as required by the Community Development Director to determine eligibility along with at least three bids from licensed contractors for the proposed work. The bid selected by the homeowner shall not exceed the average cost of all bids, unless approved by the 4.6.b Packet Pg. 42 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C i t y o f D u b l i n R e h a b i l i t a t i o n G r a n t P r o g r a m ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m City. Homeowners in one of Alameda County’s existing repair programs may submit a copy of their approved County application and approved contractor’s scope of work and cost estimate, and documentation of the County’s approval in lieu of three bids. 2. Applications will be reviewed on a first-come-first-served basis and will be prioritized, if necessary, based on the type of grant being requested and funding availability. For example: grants for health and safety will be prioritized over grants for beautification. 3. Approval of the grant application would create a Grant Agreement between the City of Dublin and the homeowner receiving the grant. 4. If approved, grant payments will be made directly to the contractor once the applicant submits a final bill and evidence that the work is completed. 4.6.b Packet Pg. 43 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C i t y o f D u b l i n R e h a b i l i t a t i o n G r a n t P r o g r a m ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 17, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: City of Dublin Home Rehabilitation Program Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will receive a report on a proposed City of Dublin Home Rehabilitation Grant Program and provide direction. The proposed program would include grants to assist low-income households maintain their homes in a safe, livable condition and to prevent neighborhood blight. STAFF RECOMMENDATION: Receive the report and direct Staff to prepare a Home Rehabilitation Program for consideration by the City Council. FINANCIAL IMPACT: If the City Council provides direction to implement the proposed Home Rehabilitation Grant Program, Staff recommends allocating $25,000 from the City’s Affordable Housing Fund to fund the program. DESCRIPTION: Minor home rehabilitation grants and home improvement loan assistance are available to low-income households through existing Alameda County programs. However, there are instances where a homeowner may not be eligible for or able to take advantage of a County program. To fill this gap, Staff is proposing a Dublin-based Home Rehabilitation Grant Program for low-income homeowners in Dublin. Existing County Programs The following provides a summary of existing Alameda County home rehabilitation programs available to Dublin residents: • Alameda County Healthy Homes Department Minor Home Rehabilitation Program: This program provides grants of up to $3,000 to low-income homeowners for minor plumbing, carpentry, and electrical repairs and can be used for railings, grab bars, toilets, water heaters, doors, locks, and more. 4.6.c Packet Pg. 44 At t a c h m e n t : 3 . C i t y C o u n c i l S t a f f R e p o r t d a t e d N o v e m b e r 1 7 , 2 0 2 0 ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m G u i d e l i n e s ) Page 2 of 3 Households earning up to 80 percent of area median income (AMI) are eligible and grants are available once every two years. • Renew Alameda County (AC): Renew AC is a home improvement loan assistance program for low-income homeowners throughout the County. Renew AC aims to help keep existing homeowners in their homes and maintain existing housing stock in a safe, livable condition. To qualify, applicants must own and live in an insured Alameda County home, have an annual income of no more than 80 percent AMI, have no more than $150,000 in assets, have a loan to value of no more than 90 percent including the Renew AC loan, and have only one existing lien on the home. Renew AC is an Alameda County Housing and Community Development Department program that is administered by Habitat for Humanity East Bay/Silicon Valley, and funded by Alameda County taxpayers who approved the Measure A1 Housing Bond in November 2016. Proposed Dublin Home Rehabilitation Grant Program The goal of the proposed program is to provide supplemental assistance to homeowners that may have received a grant or loan through the County’s programs and need additional funding assistance or were turned down because they were not able to meet all of the County’s criteria. It is not Staff’s intent to provide a program in- lieu of the County’s programs but in addition to it for special circumstances. To be eligible for the proposed program, the following criteria would need to be met: • Applicant’s household income could not exceed 80 percent AMI; and • Applicant would be required to live in and hold title to a home in Dublin; and • Applicant has applied for assistance through the County and either requires additional assistance or has been turned down. The following is an overview of the proposed rehabilitation grant program: • Rehabilitation Grants: This program could provide grants of up to $5,000 to eligible low-income homeowners to increase the safety and energy efficiency of their homes, construct accessibility improvements, and/or to rehabilitate and improve electrical, plumbing, roofing, etc. to ensure safe and livable conditions.. • Exterior Clean-Up/Paint Grants: This program could provide grants of up to $5,000 to eligible low-income homeowners to improve the exterior appearance and quality of their homes and prevent neighborhood blight such as exterior paint or overgrown vegetation removal. Funding The proposed Home Rehabilitation Grant Program could be funded by the General Fund, Affordable Housing Fund, or possibly by Community Development Block Grant (CDBG) capital funds. The City’s Affordable Housing Fund (also known as the Inclusionary Zoning In-Lieu Fee Fund) accounts for money to be used by the City for the purpose of providing very-low-, low-, and moderate-income ownership or rental housing in Dublin. The City Council could find that the proposed Home Rehabilitation Grant Program is consistent with the designated purpose of the Affordable Housing Fund. Repair of housing owned by low 4.6.c Packet Pg. 45 At t a c h m e n t : 3 . C i t y C o u n c i l S t a f f R e p o r t d a t e d N o v e m b e r 1 7 , 2 0 2 0 ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m G u i d e l i n e s ) Page 3 of 3 income residents has widely been found to be an important part of preserving affordable housing stock and, therefore, helping with the overall supply. Other cities, including Livermore and Pleasanton, use their affordable housing funds for home repair programs. Dublin receives CDBG funds through the Urban County Program administered by Alameda County. The Urban County Program includes an opportunity to apply annually for funds for various capital projects. These funds earmarked for capital projects could be a funding source for Dublin’s Home Rehabilitation Grant Program in future years. However, these capital funds are subject to change and may not be available every year. Additionally, the rules and regulations that come with this funding make it inefficient to use in small increments, require environmental clearance for construction projects of any size, trigger Davis-Bacon wages, and require extensive documentation and compliance with many other federal standards. A program using these funds would likely take additional time to establish and necessitate professional technical assistance with the program administration at a cost of 20-30 percent of the grant amount. Given the limited scope of the proposed program, the assistance already provided by the County, and the complications and uncertainty associated with the CDBG capital funds, Staff recommends an annual allocation of $25,000 from the City’s Affordable Housing Fund for the proposed program. Staff is seeking City Council direction on the proposed Home Rehabilitation Grant Program concept, and concurrence with the types of grants, grant amounts, and funding source. If the City Council would like to pursue this program, Staff will prepare guidelines for the program and return for formal adoption. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 4.6.c Packet Pg. 46 At t a c h m e n t : 3 . C i t y C o u n c i l S t a f f R e p o r t d a t e d N o v e m b e r 1 7 , 2 0 2 0 ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m G u i d e l i n e s ) Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount 2901.5701.64011 $25,000.00 12/1/2020 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Grants to assist qualifying low-income households maintain their homes in a safe, livable condition and to prevent neighborhood blight. REASON FOR BUDGET CHANGE FISCAL YEAR 2020-21 BUDGET CHANGE FORM EXP: Affordable Housing Fund - Housing Program - Grant City Council's Approval Required ATTACHMENT 3 4.6.d Packet Pg. 47 At t a c h m e n t : 4 . B u d g e t C h a n g e F o r m ( D u b l i n H o m e R e h a b i l i t a t i o n G r a n t P r o g r a m G u i d e l i n e s ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: COVID-19 Small Business Recovery Grant Program Prepared by: Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider approving a COVID-19 Small Business Recovery Grant Program to help mitigate the severe impacts of the pandemic and health orders on small businesses. Due to the inclement weather and the move to a more restrictive tier on the State’s Blueprint for a Safer Economy, many small businesses have had to reduce their indoor capacity, shift operations outdoors, or close their doors again. STAFF RECOMMENDATION: Adopt the Resolution Approving the Dublin COVID-19 Small Business Recovery Grant Program and approve the budget change. FINANCIAL IMPACT: The proposed COVID-19 Small Business Recovery Grant Program would require using $1,000,000 from the City’s General Fund undesignated reserves. DESCRIPTION: At its November 23, 2020 Special City Council meeting, the City Council received a report on the negative impacts that COVID-19 has had on the small business community and provided direction to bring back a COVID-19 Small Business Recovery Grant Program. As the City Council is aware, Staff have worked extensively with individual business owners, the Dublin Chamber of Commerce, and other regional organizations to help businesses adapt to new health orders issued by the State of California and Alameda County. With winter and the rainy season upon us and the recent move to a more restrictive tier on the State’s Blueprint for a Safer Economy, Staff believes it is critical to augment existing efforts to assist Dublin businesses, many of whom have shifted operations outside, reduced capacity indoors, while others such as family entertainment centers 4.7 Packet Pg. 48 Page 2 of 3 remain closed. The most effective approach to assist with varying recovery efforts is through a reimbursable grant program that allows for flexibility in addressing current needs. This will allow the City to meet the needs of various business sectors. Funding Staff is recommending $1 million in funding for the new recovery grant program, which could assist 100 businesses if all of them received the full $10,000 grant; however, Staff anticipates receiving numerous requests with varying dollar amounts, stretching the funding to more than 100 businesses. Funding for the program would come from the City’s General Fund undesignated reserves, which requires City Council approval of a budget amendment. Requirements and Restrictions Under the proposed Program, eligible businesses include those in the retail, restaurant, personal service, fitness, and family entertainment categories. Eligibility criteria would include, but not be limited to, the following items: • Independently owned, brick-and-mortar businesses located in the City of Dublin (this program is not intended for corporately held businesses, non-profit entities, home-based businesses, hotels, financial institutions, or chain stores). • Possess an active City of Dublin Business License. • Be in good standing with the City of Dublin (no open building, fire, or code enforcement cases). • Adhere to State and County health orders and industry guidelines. • Maximum grant amount per business will be $10,000. • Reimbursement requests would include expenses incurred during the COVID-19 pandemic starting on March 16, 2020. • Applications will be reviewed on a first-come, first-served basis and accepted until funds are exhausted. • Applicants would need to provide receipts for all expenditures. • Applicants who received a Dublin Small Business Emergency Microloan Program would not be able seek reimbursement for expenses that were covered by the Microloan Program. Eligible Expenses The reimbursable grant would cover a menu of eligible expenses that business owners can seek reimbursement for up to a maximum grant of $10,000 per business. Eligible expenses for reimbursement are for pandemic expenses only and would include, but not be limited to, the below items. It is worth noting that Staff envisions businesses applying for options that are relevant to their specific needs that may not be listed, and Staff would review those requests on a case-by-case basis. Eligible Expense Maximum Amount Weather Protection and Visibility (i.e. outdoor tents, canopies, heaters, etc.) $10,000 Interior Alterations (i.e. plexiglass partitions, HEPA air purifiers, dividers, etc.) $10,000 Physical Improvements to Install a Take-Out/Pick-Up Window $10,000 4.7 Packet Pg. 49 Page 3 of 3 Digital Technology Equipment and/or Services (i.e. online/contactless payment systems, website creation, etc.) $5,000 Personal Protective Equipment, Sanitation or Health and Safety Equipment for Employees $5,000 Marketing and Business Promotion (i.e. signage, print, social media, etc.) $5,000 Time Frame Applications will be accepted on a first-come, first-serve basis and will be considered complete when all required documentation is submitted. Applications will be accepted through March 31, 2021 at 5:00 p.m. or when funding has been exhausted, whichever occurs first. It should be noted that given the current pandemic and the uncertainty of the business climate, some small businesses may permanently close even after receiving financial support. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Dublin COVID-19 Small Business Recovery Grant Program 2. Budget Change Form 4.7 Packet Pg. 50 RESOLUTION NO. XX- 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE DUBLIN COVID-19 SMALL BUSINESS RECOVERY GRANT PROGRAM WHEREAS, at its November 23, 2020 Special Meeting, the City Council received a report on the negative impacts that COVID-19 has had on the small business community and provided direction to bring back a COVID-19 Small Business Recovery Grant Program; and WHEREAS, small business owners in these circumstances may face possible evictions, layoffs, or be forced to permanently close as a result of the pandemic; and WHEREAS, the City has worked extensively with individual business owners, the Dublin Chamber of Commerce and other regional organizations to help businesses adapt to new health orders issued by the State of California and Alameda County; and WHEREAS, with the winter and rainy season upon us and the recent move to a more restrictive tier on the State’s Blueprint for a Safer Economy, Staff believes it is critical to augment existing efforts to assist Dublin businesses, many of whom have shifted operations outside and reduced capacity indoors, while others such as family entertainment centers remain closed; and WHEREAS, the most effective approach to assist with varying recovery efforts is through a reimbursable grant program that allows for flexibility in addressing current needs; and WHEREAS, Staff is recommending the allocation of $1 million from the General Fund Undesignated Reserve to fund a new Program; and WHEREAS, under the proposed COVID-19 Small Business Recovery Grant Program, eligible businesses include those in the retail, restaurant, personal service, fitness, and family entertainment categories; and WHEREAS, eligibility criteria would include, but not be limited to the following items: • Independently owned, brick and mortar businesses located in the City of Dublin (this program is not intended for corporately held businesses, non-profit entities, home-based businesses, hotels, financial institutions, or chain stores). • Possess an active City of Dublin Business License. • Be in good standing with the City of Dublin (no open building, fire, or code enforcement cases). • Adhere to State and County health orders and industry guidelines. • Maximum grant amount per business of $10,000. • Reimbursement requests would include expenses incurred during the COVID-19 pandemic starting on March 16, 2020. • Applications will be reviewed on a first-come, first-serve basis and grant applications will be accepted until funds are exhausted . • Applicants would need to provide receipts for all expenditures. 4.7.a Packet Pg. 51 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e D u b l i n C O V I D - 1 9 S m a l l B u s i n e s s R e c o v e r y G r a n t P r o g r a m ( C O V I D - 1 9 S m a l l B u s i n e s s G r a n t ) • Applicants who received a Dublin Small Business Emergency Microloan Program would not be able seek reimbursement for expenses that were covered by the Microloan Program. WHEREAS, the reimbursable grant will cover eligible expenses that business owners can seek reimbursement for up to a maximum of $10,000 per business; and WHEREAS, eligible expenses for reimbursement are for pandemic expenses only and would include, but not be limited to, the following items: Eligible Expense Maximum Amount Weather Protection and Visibility (i.e. outdoor tents, canopies, heaters, etc.) $10,000 Interior Alterations (i.e. plexiglass partitions, HEPA air purifiers, dividers, etc.) $10,000 Physical Improvements to Install a Take-Out/Pick-Up Window $10,000 Digital Technology Equipment and/or Services (i.e. online/contactless payment systems, website creation, etc.) $5,000 Personal Protective Equipment, Sanitation or Health and Safety Equipment for Employees $5,000 Marketing and Business Promotion (i.e. signage, print, social media, etc.) $5,000 WHEREAS, Staff envisions businesses applying for options that are relevant to their specific needs that may not be listed, and Staff would review those requests on a case -by-case basis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Dublin COVID-19 Small Business Recovery Grant Program. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take administrative action, and make any minor amendments to the Program, to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of December, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor 4.7.a Packet Pg. 52 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e D u b l i n C O V I D - 1 9 S m a l l B u s i n e s s R e c o v e r y G r a n t P r o g r a m ( C O V I D - 1 9 S m a l l B u s i n e s s G r a n t ) ATTEST: _______________________________________ City Clerk 4.7.a Packet Pg. 53 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e D u b l i n C O V I D - 1 9 S m a l l B u s i n e s s R e c o v e r y G r a n t P r o g r a m ( C O V I D - 1 9 S m a l l B u s i n e s s G r a n t ) Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount 250105.7000.7002 (1001.2501.64011)$1,000,000.00 12/1/2020 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN COVID-19 reimbursable grant program for Dublin businesses REASON FOR BUDGET CHANGE FISCAL YEAR 2020-21 BUDGET CHANGE FORM EXP: General Fund - Disaster Preparedness - Grant Match City Council's Approval Required ATTACHMENT 3 4.7.b Packet Pg. 54 At t a c h m e n t : 2 . B u d g e t C h a n g e F o r m ( C O V I D - 1 9 S m a l l B u s i n e s s G r a n t ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Introduction of An Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. FINANCIAL IMPACT: None. DESCRIPTION: Background At its October 6, 2020 meeting, the City Council received an informational report on gun violence prevention policies. Following this presentation, the City Council requested that Staff return with an Ordinance enacting safe storage of firearms regulations. Policy Context The unsafe storage of firearms threatens public health and safety. A 2016 study of gun owners published in the American Journal of Public Health found that while millions of responsible gun owners follow recommended storage practices, an estimated 54% do not lock up all of their guns, let alone store them trigger-locked, unloaded, and separate from ammunition. In 2020 alone, there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally and seven unintentional shootings by 7.1 Packet Pg. 55 Page 2 of 2 children in California, resulting in two deaths and five injuries, according to data from Everytown Research and Policy. A 2010 study in the journal “Suicide and Life-Threatening Behavior” found that over 80% of children (18 years or younger) who died by gun suicide used a gun belonging to a family member. According to the Centers for Disease Control and Prevention 637 children die by gun suicide each year on average. Research from JAMA Pediatrics found that the safe storage of firearms can reduce firearm suicide and unintentional firearm fatalities among youth. Furthermore, unsecured guns are susceptible to theft and pose a significant public health and safety hazard. A 2017 study in the journal “Injury Epidemiology” found that national survey data suggests that approximately 380,000 guns are stolen from individual gun owners each year and that gun owners who do not safely store their firearms are significantly more likely to have their guns stolen. Proposed Ordinance The proposed ordinance seeks to curb access to firearms by children and other unauthorized individuals who may be at risk of harming themselves or others. The proposed ordinance prohibits a person from keeping a firearm in any residence unless the firearm is stored in a locked container or the firearm’s trigger lock is engaged. Violations of the ordinance shall constitute a misdemeanor and upon conviction be punished in accordance with DMC 1.04.030. Next Steps The proposed Ordinance shall take effect and be enforced 30 days following its adoption. Copies of this ordinance will be sent to the City’s existing firearm dealers. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copies of this Staff Report and draft ordinance were sent to the City’s existing firearm dealers in advance of this meeting. ATTACHMENTS: 1. Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms 7.1 Packet Pg. 56 ORDINANCE NO. XX - 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING CHAPTER 5.89 (SAFE FIREARM STORAGE) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE REGARDING THE SAFE STORAGE OF FIREARMS WHEREAS, according to Everytown Research and Policy, in 2020 alone there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally and seven unintentional shootings by children in California, resulting in two deaths and five injuries; and WHEREAS, from 2014 to 2018, there were 629 gun-related deaths within Alameda County according to the Centers for Disease Control and Prevention; and WHEREAS, the unsafe storage of firearms threatens public health and safety in the United States. A 2016 study of gun owners published in the American Journal of Public Health found that while millions of responsible gun owners follow recommended storage practices, an estimated 54% do not lock up all of their guns, let alone store them unloaded, trigger-locked, and separate from ammunition; and WHEREAS, in 2018, a study published in the Journal of Urban Health found that roughly 4.6 million children and youth under age 18 were living in homes with loaded and unlocked firearms. In addition, a study published in 2006 in the Archives of Pediatric and Adolescent Medicine found that 73% of children under age 10 living in homes with guns reported knowing the location of their parents’ firearms. The same study demonstrated that parents often believe, incorrectly, that their children do not know the location of guns stored in the home or that their children have not handled their parents’ firearms; and WHEREAS, many young children, including toddlers, are strong enough to fire handguns. A Washington Post report in 2015 showed that toddlers were responsible for an average of one shooting a week that year. In 2013, more preschoolers were shot to death (82) than police officers (27) according to data from the Centers for Disease Control and Prevention and the Federal Bureau of Investigation published in October 2015 by the New York Times; and WHEREAS, a 2010 study in the journal “Suicide and Life-Threatening Behavior” found that over 80% of children (18 years or younger) who died by gun suicide used a gun belonging to a family member. According to the Centers for Disease Control and Prevention 637 children die by gun suicide each year on average; and WHEREAS, Research from JAMA Pediatrics found that the safe storage of firearms can reduce firearm suicide and unintentional firearm fatalities among youth; and WHEREAS, the American Academy of Pediatrics recommends that for individuals who choose to keep guns in the home, the firearms should be kept unloaded, and locked in a separate location from ammunition; and WHEREAS, unsecured guns are susceptible to theft and pose a significant public health and safety hazard. A 2017 study in the journal “Injury Epidemiology” found that national survey 7.1.a Packet Pg. 57 At t a c h m e n t : 1 . O r d i n a n c e E s t a b l i s h i n g C h a p t e r 5 . 8 9 ( S a f e F i r e a r m S t o r a g e ) t o T i t l e 5 ( P u b l i c W e l f a r e ) o f t h e D u b l i n M u n i c i p a l C o d e R e g a r d i n g data suggests that approximately 380,000 guns are stolen from individual gun owners each year and that gun owners who do not safely store their firearms are significantly more likely to have their guns stolen. Reporting from The Trace in 2017 also disclosed that between 2006 and 2016, the number of guns reported stolen from individuals increased by approximately 60%; and WHEREAS, requiring firearms to be stored with trigger locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home. For example, affordable lockboxes with Simplex-type locks, which pop open immediately when several keys or pushbuttons are touched in a preset sequence, are widely available. Users report that they can retrieve a loaded weapon in just two to three seconds, and that the locks are also easy to open in the dark. A publication of the Education & Training Division of the National Rifle Association describes this type of lockbox as providing “a good combination of security and quick access.” Some lockboxes also feature biometric locks, which provide immediate access when they scan the owner’s fingerprint; and WHEREAS, the City intends to reduce gun violence and gun-related injuries through this Ordinance. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Chapter 5.89 of the Dublin Municipal Code is hereby added to read as follows: Chapter 5.89 SAFE FIREARM STORAGE 5.89.010. Definitions A. “Firearm” means a Firearm as defined in California Penal Code, Section 16520, as amended from time to time. B. “Locked Container” means a locked container as defined in California Penal Code, Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. C. “Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, Single Room Occupancy units (SROs), time shares, mobile homes, and recreational and other vehicles where human habitations occurs. D. “Trigger Lock” means a trigger lock that is listed on the California Department of Just ice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code, Section 23635. 5.89.020. Prohibitions A. No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. 7.1.a Packet Pg. 58 At t a c h m e n t : 1 . O r d i n a n c e E s t a b l i s h i n g C h a p t e r 5 . 8 9 ( S a f e F i r e a r m S t o r a g e ) t o T i t l e 5 ( P u b l i c W e l f a r e ) o f t h e D u b l i n M u n i c i p a l C o d e R e g a r d i n g 5.89.030. Exceptions. This Chapter shall not apply in the following circumstances: A. The firearm is carried on the person of an individual in accordance with all applicable laws. B. The firearm is under the control of a person who is a peace officer under California Penal Code Section 830. 5.89.040. Penalty Every violation of this Chapter shall constitute a misdemeanor and upon conviction shall be punished in accordance with Section 1.04.030. Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ____ day of ___________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor ATTEST: ___________________________________ City Clerk 7.1.a Packet Pg. 59 At t a c h m e n t : 1 . O r d i n a n c e E s t a b l i s h i n g C h a p t e r 5 . 8 9 ( S a f e F i r e a r m S t o r a g e ) t o T i t l e 5 ( P u b l i c W e l f a r e ) o f t h e D u b l i n M u n i c i p a l C o d e R e g a r d i n g Item 7.1 Introduction of an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code December 1, 2020 Background & Policy Context •October 6, 2020 City Council received a report on gun violence prevention policies. –City Council requested Staff return with a Safe Firearm Storage Ordinance. •Unsafe storage of firearms threatens public health and safety: –Unintentional shootings by children –Suicides, particularly youth suicides –Theft and crime Ordinance Overview •The proposed Ordinance seeks to curb access to firearms by children and other unauthorized individuals. –“No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock.” –Exceptions for peace officers, individuals carrying the firearm in accordance with applicable law. Recommendation •Waive the reading and introduce the Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. Questions? December 1, 2020 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the December 1, 2020, Regular City Council meeting agenda packet. Item 7.1 1 giffordslawcenter.org December 1, 2020 City Council City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Members of the Dublin City Council, On behalf of Giffords Law Center to Prevent Gun Violence (“Giffords Law Center”), I write in support of the proposed ordinance that will require gun owners to safely store unattended firearms in residences. Founded by lawyers after the mass shooting at 101 California in 1993, in 2016, we joined forces with former Congresswoman and gun violence survivor, Gabby Giffords. For 27 years, the organization now known as Giffords Law Center has been providing legal expertise in support of local, state, and federal gun violence prevention laws to legislators nationwide. Safe storage ordinances are constitutional and currently in effect in 22 California communities—Belvedere, Berkeley, Los Angeles, Millbrae, Moraga, Morgan Hill, Oakland, Orinda, Palm Springs, Redwood City, San Carlos, San Diego, San Francisco City and County, San Jose, San Marino, San Mateo County, Santa Clara County, Santa Cruz, Saratoga, Solana Beach, Sunnyvale, and Tiburon. Safe storage laws are consistent with the Second Amendment and have been upheld by all reviewing courts. In the landmark case, District of Columbia v. Heller,i the United States Supreme Court held that the Second Amendment protects a law-abiding, responsible citizen’s right to possess an operable handgun in the home for self-defense. The Court struck down a District of Columbia ordinance that “totally ban[ned] handgun possession in the home” and required “that any lawful firearm in the home be disassembled or bound by a trigger lock at all times.”ii The Court found the ordinance unconstitutional precisely because it made it “impossible for citizens to use [firearms] for the core lawful purpose of self-defense.”iii But the Court was careful to restrict its ruling to the unduly broad prohibition at issue, specifically stating that its holding was not intended to “suggest the invalidity of laws regulating the storage of firearms to prevent accidents.”iv In 2014, the NRA and other plaintiffs sued the City and County of San Francisco claiming its safe storage law—which required handguns kept in a residence to be stored in a locked container or disabled with a trigger lock when not carried on the personv—violated the Second Amendment.vi The Ninth Circuit Court of Appeal, in affirming the District Court’s ruling, found that the law did not significantly burden the right to possess a handgun in the home for self-defense, because guns stored safely can be accessed in a matter of seconds.vii The court held that San Francisco demonstrated that the ordinance served a significant government interest by “reducing the number of gun-related injuries and deaths from having an unlocked handgun in the home,” and that the law was substantially related to that interest.viii The court noted that 2 giffordslawcenter.org San Francisco’s law was unlike the law at issue in Heller because it left open other channels for self-defense in the home by allowing residents to carry firearms.ix The United States Supreme Court declined to review the Ninth Circuit’s decision.x Similarly, both the Massachusetts State Supreme Court xi and a New York State trial court xii have reviewed Massachusetts’ and New York City’s safe storage laws, respectively, and found that neither violated the Second Amendment because the laws did not require a firearm to be rendered inoperable in the home at all times. Since 2007 when the gun lobby challenged San Francisco’s ordinance, 21 other California communities have enacted safe storage laws. The gun lobby has threatened to sue all, or nearly all, of them but has actually sued none of them. The proposed ordinance addresses the very real risks posed by unsecured guns in the home. A recent study by researchers at the Center for Disease Control and Prevention stated that youth suicide with guns has risen dramatically between 2007 and 2014.xiii In fact, gun suicides by minors 10 years old and older increased 60 percent in that period. Studies have demonstrated that the risk of suicide—particularly amongst children and teens—is significantly higher in homes where a firearm is kept loaded and/or unlocked.xiv Additionally, a study of mass shootings demonstrated that in over half of shootings perpetrated by minors in elementary or secondary schools, the shooter used guns obtained from home that were likely unsecured.xv Children and teens are also at risk of death or injury from unintentional shootings. Children as young as three-years-old are strong enough to fire some types of handguns.xvi A 2005 study found that the practices of keeping firearms locked and unloaded, as well as storing ammunition in a locked location separate from firearms, serve as a protective measure to reduce youth suicide and unintentional injury in homes with children and teenagers where guns are stored.xvii More can and should be done to keep guns out of the hands of minors. California’s Child Access Prevention (CAP) law does not go far enough to protect children. In California, individuals may be criminally liable if they negligently store or leave, on premises within their custody or control, a firearm in a location where the person knows, or reasonably should know, that the child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian.xviii No liability is imposed in this situation if reasonable action is taken to secure the firearm against access by a child. The law also does not apply if the firearm was kept in a locked container or in a location that a reasonable person would believe to be secure, or the firearm was locked with a locking device that rendered the firearm inoperable.xix Despite California’s CAP law which was enacted in 2011, the firearm suicide rate of minors under the age of 18 has remained steady between 2005 and 2017.xx In 2012, a year after the state’s CAP law went into effect, the three-year-old child of a San Jose police officer found his father’s unlocked gun and fatally shot himself.xxi A close reading of California state law demonstrates that it does not affirmatively require a gun 3 giffordslawcenter.org owner to store his or her firearm in any particular manner. So long as a person does not “negligently” store or leave a loaded firearm on his or her premises, or takes “reasonable” action to “secure” the firearm, he or she may not be liable even if a minor gets ahold of the firearm. Furthermore, if the person stores the firearm in a locked container or with a locking device, he or she escapes liability in the event a child does gain access to the firearm. These subjective standards only provide an out for individuals when a child actually gains access to a firearm. The law does not dictate what responsible storage is, and require that gun owners abide by it. A safe storage law would require that gun owners keep their guns in locked containers or secured with trigger locks; this is an unambiguous, preventative measure with an objective standard. Safe storage laws prevent gun thefts that allow guns to be used in subsequent crimes . The proposed ordinance will also likely prevent gun thefts by thieves, as well as people who have consent to be in the home, such as caregivers of elderly residents and other visitors. A study by Harvard and Northeastern researchers shows that hundreds of thousands of guns are stolen each year; gun theft is an important way that guns enter the illegal market.xxii ATF estimates that about 10-15% of stolen guns are used in subsequent crimes.xxiii According to the researchers, gun owners who safely store their firearms experience gun thefts at a lower rate than those who do not. The study also concludes that promoting safer storage of guns may help to reduce gun thefts and reduce the number of guns entering the illegal market.xxiv For the foregoing reasons, I strongly urge you to enact the safe storage ordinance. Sincerely, Allison Anderman Senior Counsel 4 giffordslawcenter.org __________ ABOUT GIFFORDS LAW CENTER For over 25 years, the legal experts at Giffords Law Center to Prevent Gun Violence have been fighting for a safer America by researching, drafting, and defending the laws, policies, and programs proven to save lives from gun violence. NOTES i 554 U.S. 570 (2008). ii Id. at 628. iii Id. at 630 (emphasis added). iv Id. at 632. v San Francisco Police Code § 4512. In 2016, San Francisco strengthened its safe storage ordinance to apply to all firearms, not only handguns. vi Jackson v. City & Cty. of S.F., 746 F.3d 953, 962-968. vii Id. at 966. viii Id. ix Id. at 965. x Jackson v. City & Cty. of S.F., 135 S. Ct. 2799 (2015). xi Commonwealth v. McGowan , 464 Mass. 232 (2013). xii Tessler v. City of New York, 952 N.Y.S.2d 703, 716 (2012). xiii Elizabeth Van Brocklin, “19 Children Are Shot in America Every Day,” The Trace, June 19, 2017. xiv Matthew Miller & David Hemenway, “The Relationship Between Firearms and Suicide: A Review of the Literature,” 4 Aggression & Violent Behavior (1999): 59, 62–65 (summarizing the findings of multiple studies). xv See Analysis of School Shootings, December 31, 2015, http://everytownresearch.org/reports/analysis-of-school- shootings/. xvi Sarah Kaplan, “3-year-old picks up great-grandpa’s pistol from nightstand, fatally shoots sister,” Washington Post, February 8, 2016, https://www.washingtonpost.com/news/morning-mix/wp/2016/02/08/3-year-old-picks-upgreat- grandpas-pistol-from-nightstand-fatally-shoots-sister/. xvii David C. Grossman et al., “Gun Storage Practices and Risk of Youth Suicide and Unintentional Firearm Injuries,” 293 JAMA (2005): 707, 711-13, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.514.2207&rep=rep1&type=pdf. xviii Cal. Penal Code § 25100(c). xix Cal. Penal Code § 25105(b), (d). xx Center for Disease Control and Prevention Web-based Injury Statistics Query and Reporting System (WISQARS), 2005 - 2017, California Suicide Firearm Deaths and Rates per 100,000, viewed on 2/11/19. In 2009, the rate of gun suicides by minors under age 18 was .29. In 2006, the rate was .25. California passed a “Child Access Prevention” law, and several amendments strengthening that law, between 2011 – 2013. The rate of gun suicides by minors was sill .29 in 5 giffordslawcenter.org 2013. The rate was .40 in 2017, showing that the rate has essentially remained steady (if not grown) for the 12 year period between 2005 and 2017 (the last year for which data is available). xxi Patrick May, “Gilroy neighbors mourn little boy’s accidental shooting death,” July 7, 2012, Mercury News, http://www.mercurynews.com/2012/07/07/gilroyneighbors-mourn-little-boys-accidental-shooting-death/. xxii David Hemenway, Deborah Azrael, and Matthew Miller, “Whose guns are stolen? The epidemiology of Gun theft victims,” Injury Epidemiology, January 13, 2017, https://injepijournal.springeropen.com/articles/10.1186/s40621 -017- 0109-8. xxiii Dan Noyes, “How Criminals Get Guns,” Frontline, http://www.pbs.org/wgbh/pages/frontline/shows/guns/procon/guns.html. xxiv David Hemenway, Deborah Azrael, and Matthew Miller, “Whose guns are stolen? The epidemiology of Gun theft victims,” Injury Epidemiology, January 13, 2017, https://injepijournal.springeropen.com/articles/10.1186/s40621 -017- 0109-8. Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Informational Report: Local Public Health Departments Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive an informational report on city-run Public Health Departments and the process to form a local Public Health Department. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: Under Item 9 of its October 6, 2020 meeting, the City Council made a request for information on public health departments and the process to form such a department locally or regionally with other Tri-Valley cities. Legal Background County Health Officers, whether at the city or county level, are responsible enforcing and observing: 1. Orders and ordinances of the governing body of the city pertaining to the public health; 2. Orders, quarantines, and other regulations concerning the public health as prescribed by the department; and 3. Statutes relating to public health. Cities have a duty to appoint a health officer unless they consent to the county for certain enforcement responsibilities. The City of Dublin, as part of its articles of incorporation in 1982, consented for its health services function to remain with Alameda County (Dublin Ordinance No. 13). 8.1 Packet Pg. 60 Page 2 of 5 The process of establishing a local Public Health Department in California requires a city, by resolution and ordinance, to terminate service by the County Health Officer by March 1 of each year. The city would have then until July 1 to establish and staff its newly assumed public health duties. While these legal processes are straightforward, the practical realities of establishing a new public health bureaucracy present several challenges, presented throughout this report. Overview of City Public Health Departments Of the 482 cities in California, only four maintain their own public health departments. The overwhelming majority of cities consent to enforcement by their county health officer. This section details those four agencies – Berkeley (population 121,643), Long Beach (population 467,354), Pasadena (population 141,246), and Vernon (population 112) – and their individual public health departments. In the late 1800s it was more common for incorporated cities to maintain some form of their own public health department, largely to address the more common infectious diseases and public health issues of that era. Berkeley, Long Beach, and Pasadena, all incorporated during this time, were no different in this respect. However, as the science around infectious diseases evolved, so did the structure of local public health administration, reflecting the understanding that jurisdictional boundaries do not contain infectious diseases. Thus, the functions of individual public health departments eventually consolidated to the county level to provide greater coordination, efficiency, and effectiveness at addressing cross-jurisdictional public health problems. However, Berkeley, Long Beach, and Pasadena wished to maintain their local control over public health to better ensure the department was responsive to the individual needs of their community. Information regarding the establishment of Vernon’s public health department was not readily available. The scope of public health functions at the local level is varied amongst the four cities. They can be narrowly tailored for the specific needs of a community such as in Vernon, an almost entirely industrial city in which its Public Health Department is largely responsible for environmental and occupational health programs which support the variety of industrial activities taking place. Public health functions can also be broad, from the operation of public health clinics and community health programs to vector control and food facility inspections, like in Long Beach, which maintains the largest municipal public health department in the State of California. Below is a brief overview of the public health functions administered by each of the four cities mentioned above. Berkeley Berkeley’s Public Health Division is a part of the City’s Health, Housing, and Community Services Department. The Division has a total budget of $10.5 million and approximately 58 employees. The Public Health Division has three sections: 1. Family Health a. This section is responsible for Childhood Health, Nursing Field Services, and Communicable Disease Control (HIV/STD/TB). 2. Clinical Services 8.1 Packet Pg. 61 Page 3 of 5 a. This section oversees the City’s various clinical and school-based sites which provide clinical services and health education programming. The section also is responsible for the administration of the Women, Infants, and Children (WIC) and Vital Statistics and Epidemiology programs. 3. Health Promotion a. This section is responsible for health education and promotion programs including nutrition, lead prevention, hypertension, and heart health programs. This section also oversees public health emergency preparedness, pandemic flu, immunizations, and tobacco prevention programs. The broader Health, Housing, and Community Development Department also contains the Environmental Health and Mental Health divisions which work closely with the Public Health division. Long Beach The Long Beach Health and Human Services Department has a total budget of $157M and 439 employees, with $27.5M specifically budgeted for public health purposes. The department has five department bureaus: 1. Community Health a. This bureau oversees Nutrition Services (WIC program), Homeless Services, Health Promotions (tobacco education and fitness programs), and family planning and wellness programs. 2. Environmental Health a. This bureau is responsible for the testing and inspection of food facilities, hazardous materials (HAZMAT), tobacco retailers, and pool and beach water. The bureau also oversees vector control, noise control, and air quality resource education. 3. Housing Authority a. This bureau supports economically disadvantaged populations, including targeted groups such as the homeless, those living with disabilities, HIV+/AIDS, and Veterans, with rental housing assistance and other support services. 4. Physician Services a. This bureau oversees five public health clinics as well as a public health laboratory. 5. Policy, Planning and Prevention a. This bureau is responsible for Nursing Services, Public Health Emergency Management, Epidemiology and Communicable Disease Control, and Strategic Planning. Pasadena The Pasadena Public Health Department has a total budget of $15.5 million and approximately 99 employees. There are five divisions in the department: 1. Community Health Services a. This division oversees health programs targeted towards infants, children, and families. Examples of programs in this division include Immunization Clinics, Communicable Disease Prevention, Child Health and Disability 8.1 Packet Pg. 62 Page 4 of 5 Prevention, and Tuberculosis Clinics. 2. Environmental Health a. This division oversees Food Protection, Vector Control, Tobacco Retail Enforcement, Animal Care and Control, and several general environmental health programs. 3. Health Administration a. This division oversees Medi-Cal administrative activities as well as general budget and administrative functions. 4. Prevention and Policy Programs a. This division administers the WIC, Obesity Reduction, and Tobacco Control programs. 5. Social and Mental Health Services a. This division is responsible for mental health services, substance abuse treatment and prevention, HIV and STD services, and other special community initiatives which address homelessness and violence prevention. Vernon The City of Vernon’s Public Health Department is substantially different from the other three departments discussed in this report. This is due in part to the City being composed of almost entirely industrial uses with a very small population for an incorporated city. Given this dynamic, the City’s Health and Environmental Control Department focuses on HAZMAT, food safety inspections, storm water, solid waste management, garment manufacturing, animal and vector control, and general environmental health. The City has not posted its Fiscal Year 2020-21 budget, but according to the Fiscal Year 2019-20 Budget, the Health and Environmental Control Department had a total budget of $1.4M and four employees. Conclusion While the process for establishing a public health department is routine in concept, in practice the formation of such an agency is rife with complications and significant upfront and ongoing investments in capital assets and personnel. There are several considerations worth noting, which are not answerable within the research done for this report. In the case of Dublin, there would be considerable work identifying how and which public health functions would be transferred to a newly formed department from Alameda County. As this report details, there is no standardized approach to public health at the City level. It is unclear whether the County would allow the City to assume certain parts of public health responsibilities while allowing the City to contract for others; or, whether the County would obligate the City to assume other public health related functions beyond the scope of what may be desired locally. The funding of the public health department is another unknown. Using the four city-run public health departments as a baseline, it is reasonable to expect the annual operational costs of a local public health department would be in the millions to tens of millions of dollars. However, California has a decentralized structure for funding and implementation of public health. Each local public health department is independent and 8.1 Packet Pg. 63 Page 5 of 5 must secure its own funding from state and federal grants, supplemented with local revenue. In most cases, this funding is contingent upon the programs and services the department provides or is tied to specific services/programs (e.g. WIC). It is unclear, however, if those funding sources would negate the need for a General Fund subsidy. Public health departments require teams of individuals with degrees of expertise and advanced skills as well as specialized facilities, equipment, and materials, which present additional human resource, procurement, and real estate complications in establishing a new department. For reference, the City of Dublin’s contract for Police Services includes an 18-month period of transition if the City decided to establish its own police department; in that instance, the City already owns much of the asset inventory needed for a police department. For establishing a new public health department, the timeline would potentially be longer, as the City would be starting the process with much less. In the end, these complications impact the overall value proposition of forming a municipal public health department in the City of Dublin or with regional partners. While the City would gain more local control over public health affairs, the costs of doing so and the efficiencies at which such services are provided may not ultimately produce the value desired or needed by residents. Staff believes that the current arrangement with the County providing public health services is the best option for the City given the County’s existing infrastructure, operational economies of scale, and access to expertise and technology. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 8.1 Packet Pg. 64 Item 8.1 Informational Report: Local Public Health Departments December 1, 2020 Legal Background •Cities have a duty to appoint a Public Health Officer. –Can consent to the county for certain activities. •Public Health Officers are responsible for enforcing and observing: 1.Orders and Ordinances of governing body relating to public health, 2.Orders, quarantines, and other regulations concerning the public health as prescribed by the department, 3.Statutes relating to public health. Legal Process •Establishing a Local Public Health Department is a straightforward process. –Requires the City Council to adopt a Resolution and Ordinance terminating service by March 1. •City would have until July 1 of the same year to establish and staff public health duties. City Public Health Departments •City Public Health Departments are a relic of the late 1800s. –Consolidation to County reflected science around infectious diseases. •Of the 482 cities in California, four maintain their own public health departments –Berkeley (population 121,643) –Long Beach (population 467,354) –Pasadena (population 141,246) –Vernon (population 112) Local Public Health Departments •The scope of public health functions at the local level is varied amongst the four cities. –Vernon: narrow focus on occupational and environmental health programs. –Long Beach: broad focus encompassing public health clinics and public health programs to vector control and food facility inspections. •Costs range from millions to tens of millions. Closing Considerations •Scope of Services –How and which public health functions? County dynamics? •Upfront Costs and Ongoing Funding –Reliance on State and Federal grants. General Fund subsidy? •Bureaucratic Logistics –Human resource, procurement, real estate needs. •Overall Value Proposition –City would gain more local control over public health affairs. –Cost of and efficiencies at which such services are provided may not ultimately produce the value desired or needed by residents. Questions? Item 8.1 Informational Report: Local Public Health Departments December 1, 2020