maintained and/ or operated throughout, and at least until the conclusion of, its “ Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.
SECTION II
ALAMEDA CTC AGREES:
1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.
3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.
4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.
5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’ s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.
2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “ Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope 349
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of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:
Project Control Information which reflects the requested changes by the PROJECT SPONSOR.
3. For the purposes of this AGREEMENT, ( i) a “ Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; ( ii) “PROJECT SPONSOR Staff” costs include costs related to staff dedicated directly to management, oversight, or development work on the project and may include direct costs including contracts for services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; ( iii) “Capital” with respect to any Right- of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and ( iv) “ Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.
4. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this AGREEMENT. In all cases, reimbursable costs will be limited to those costs shown in Appendix A: Project Control Information.
5. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.
6. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.
ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/ or encumbered to the PROJECT.
7. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.
8. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD- approved TFCA County Program Manager Fund Policies included in Appendix G:
Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.
9. The laws of the State of California shall govern this AGREEMENT.
10. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this 350
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AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
11. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.
12. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall ( i) report the total expenditures during the reimbursement period, ( ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.
13. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.
14. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will not be considered for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty ( 60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.
ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.
15. Each Right- of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right- of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies. 351
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16. For the purposes of the following provisions, “ ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.16(a) and Section III.16(f) only, shall be conducted at no cost to ALAMEDA CTC; “ Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third- party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “ CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within three ( 3) years after the effective date of AGREEMENT ( as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such three ( 3) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA CTC Share of the property’ s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within three ( 3) years after the effective date of this AGREEMENT ( as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “ excess property”. c. If the PROJECT begins construction within three ( 3) years after the effective date of this AGREEMENT ( as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph ( d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues ( i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. 352
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f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten ( 10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one ( 1) year after the expiration of this ten ( 10) year period.
17. If condemnation procedures are required to obtain possession to Right- of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.
PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety 90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.
18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right- of-Way is limited to the following ( and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/ or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
d. The cost of demolition and/ or the sale of all improvements on the right- of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 353
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20. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.
21. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors- ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury ( as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors- in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.
22. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors- in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury ( as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.
23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.
24. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.
25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’ s fees from the other party.
26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT.
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27. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.
Signatures on the next page]
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CITY OF DUBLIN
PROJECT SPONSOR)
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
ALAMEDA CTC)
By: By:
Linda Smith Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:
Gary Huisingh Date
Deputy Executive Director of
Projects
Reviewed as to Budget/ Financial Controls:
By:
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:
By: By:
John Bakker Date
Legal Counsel to CITY OF DUBLIN
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC
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LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail By Phase
Appendix A-3 Project Milestone Schedule
Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM
APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “ Years of Effectiveness” Appendix G-2 BAAQMD- approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA- funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA- funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
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Appendix A – Page 1
APPENDIX A
PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase with Funds Obligated by the Agreement Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Funding Summary by Phase and Fund Source Appendix A-5 Project Phase Cost Detail
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Appendix A – Page 2
APPENDIX A-1
PROJECT DESCRIPTION
Project Title: Iron Horse Trail Bike and Pedestrian Bridge at Dublin Boulevard Project Description:
This project will construct a Class 1 bicycle and pedestrian bridge over Dublin Boulevard near the intersection of Scarlett Drive in the vicinity of the East Dublin Pleasanton BART Station. The bridge will connect two existing segments of the Iron Horse Trail, creating a total separation of bicyclists and pedestrians from motorized vehicles.
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Appendix A – Page 3
APPENDIX A-2
PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase( s) identified and described below:
CONSTRUCTION
The ALAMEDA CTC funds obligated in this AGREEMENT will fund the Construction phase of the Project.
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Appendix A – Page 4
APPENDIX A-3
PROJECT MILESTONE SCHEDULE
Phase/ Milestone
Begin
Mo/ Yr)
End
Mo/ Yr)
Preliminary Engineering/ Environmental Studies 11/ 2017 12/ 2019 CEQA Approval 9/ 2019 05/ 2020
NEPA Approval NA NA
Final Design ( Plans, Specifications and Estimate ( PS& E) 06/ 2018 07/ 2020 Right of Way Certification 06/ 2019 09/ 2020
Ready to List 12/ 2020
Construction 03/ 2021 09/ 2022
Final Invoice/ Closeout 12/ 2022
Environmental Clearance Status:
CEQA
Mo/ Yr)
NEPA
Mo/ Yr)
Environmental Document Type IS/ SMND* N/ A
Begin Environmental Process 03/ 2019
Draft Circulation ( if known) 11/ 2019
Date of Public Meeting ( if known)
Final Draft Submitted
Actual Certification Date TBD
Percent Complete 90
Initial Study/ Supplemental Mitigated Negative Declaration 361
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APPENDIX A-4
PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE
PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds Matching
Funds
Total
Funding
Reimbursement
Ratio
MBB Percentage
TEP- 42
TFCA
CPM
2019/ 20
Construction Capital $ 4,751,000 $ 856,419 $ 2,694,581 $ 8,302,000 67.5% Total Funding $ 4,751, 000 $ 856,419 $ 2,694,581 $ 8,302,000 Notes:
1. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not- to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.
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Appendix A – Page 6
APPENDIX A-5
PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.
PHASE COST DETAIL
CONSTRUCTION PHASE
MBB TEP42TFCA CPM
2019/ 20
Matching
Funds Total Cost
Contract( s)/ Other Direct Costs1 $ 4,751,000 $ 856,419 $ 2,694,581 $ 8,302, 000 Total Phase Cost
Staff + Contract Costs) $ 4,751,000 $ 856,419 $ 2,694,581 $ 8,302,000 Notes:
1. Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’ s Local Business Contract Equity Program ( refer to Appendix D).
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Appendix B - Page 1
APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.
TABLE B-1
FUNDS OBLIGATED BY THIS AGREEMENT
AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source Fund Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline Date
Obligated
Amount
MBB TEP- 42 Construction 6/ 17/ 19 7/ 1/ 19
The Agreement
Expiration Date serves
as the expenditure
deadline date.
4,751,000
TFCA 19/ 20 CPM Construction 6/ 17/ 19 7/ 1/ 19
11/ 1/ 21
Estimated date
See Notes 6 & 7)
856,419
Total Alameda CTC Administered Funds Obligated by AGREEMENT: $ 5,607, 419 Agreement Expiration Date: December 31, 2023
Notes:
1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.
2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.
4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.
6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two ( 2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.
7. ALAMEDA CTC may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.
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Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.
TABLE B-2
ALAMEDA CTC ADMINISTERED FUNDS
REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 2020- 21 3 TFCA $ 400,000 $ 400,000
2 FY 2020- 21 4 TFCA $ 456,419 $ 856,419
3 FY 2020- 21 4 MBB $ 1,001,000 $ 1,857,419
4 FY 2021- 22 1 MBB $ 1,000,000 $ 2,857,419
5 FY 2021- 22 2 MBB $ 1,000,000 $ 3,857,419
6 FY 2021- 22 3 MBB $ 1,000,000 $ 4,857,419
7 FY 2021- 22 4 MBB $ 750,000 $ 5,607,419
Notes:
1. Fiscal Year ( FY) begins July 1 and ends June 30.
2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.
3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement( s) submitted by the PROJECT SPONSOR.
4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved. 365
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Appendix C – Page 1
APPENDIX C
REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.
Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi -annually, as indicated below with an “ X”.
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING
FREQUENCY AND DUE DATES
Frequency
Required
as checked)
Minimum Frequency Period Covered Due Dates
Monthly
once every month)
One month By 30 days following the end
of billed activity
Quarterly
once every 3 months)
Quarter 1: 7/ 1– 9/ 30
Quarter 2: 10/ 1 – 12/ 31
Quarter 3: 1/ 1– 3/ 31
Quarter 4: 4/ 1– 6/ 30
By October 31st
By January 31st
By April 30th
By July 31st
Semi- annually
once every 6 months)
Quarters 1 & 2: 7/ 1 – 12/ 31
Quarters 3 & 4: 1/ 1 – 6/ 30
By January 31st
By July 31st
Annually
TFCA Annual Report)
Fiscal Year: 7/ 1 – 6/ 30 By July 31st
Final Request for
Reimbursement
Any work period eligible
under Appendix B.
Must be submitted prior to the
Agreement Expiration Date
Notes:
1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.
2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.
3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.
4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.
REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.
List of Downloadable Forms: https:// www. alamedactc. org/ funding/ reporting- and- grant- forms/
1. Request for Reimbursement ( RFR) Form
2. Alameda CTC Progress Report Form
3. Alameda CTC Final Report Form
4. Transportation Fund for Clean Air Program Reporting Forms ( Interim and Final Report)
5. Amendment Request Form
https://www.alamedactc.org/funding/reporting-and-g
rant-forms/
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Appendix D – Page 1
APPENDIX D
LOCAL BUSINESS CONTRACT EQUITY PROGRAM
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity ( LBCE) Program, incorporated herein by reference as if attached hereto.
The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
Sample template language for professional and construction services is available from ALAMEDA CTC’ s website: https:// www. alamedactc. org/ get- involved/ contract- equity The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
Direct inquiries about the LBCE Program to ALAMEDA CTC’ s LBCE Liaison Officer:
Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: scho@alamedactc. org
Phone: ( 510) 208- 7472
https://www.alamedactc.org/get-involved/cont
ract-equity
mailto:scho@al
amedactc.org
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Appendix E - Page 1
APPENDIX E
DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.
Deliverables and Due Dates
Deliverable Deliverable
Deliverable
Due Date to
Alameda CTC
1 Alameda CTC Progress Report # 1: January to June, 2020 July 31, 2020 2 FY 2019- 20 TFCA Interim Report ( for BAAQMD) July 31, 2020 3 Alameda CTC Progress Report # 2: July to December, 2020 January 31, 2021 4 Documentation of contract award Prior to first
invoice
5 Alameda CTC Progress Report # 3: January to June, 2021 July 31, 2021 6 FY 2020- 21 TFCA Interim Report ( for BAAQMD) July 31, 2021 7 Alameda CTC Progress Report # 4: July to December, 2021 January 31, 2022 8 Alameda CTC Progress Report # 5: January to June, 2022 July 31, 2022 9 FY 2021- 22 TFCA Interim Report ( for BAAQMD) July 31, 2022 10 Alameda CTC Progress Report # 6: July to December, 2022 Only due if Final Invoice & Final Reports cannot be submitted by January 31, 2023) January 31, 2023
11 Documentation of project completion / contract acceptance Within 3 months of project completion,
but no later than
the agreement
expiration date.
12 TFCA Final Report ( for BAAQMD)
To include documentation of required funding agency credit/ logo usage.) 13 Final Invoice
12 Alameda CTC Final Report
Note:
1. Alameda CTC shall withhold payment of reimbursement requests until past due deliverables are received and approved. 368
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix F – Page 1
APPENDIX F
PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure( s) the PROJECT SPONSOR plans to evaluate to ensure that the project/ program is meeting its objectives.
Project Performance Outcomes
Improves trail connectivity/ provide gap closure for bicyclist and pedestrian users.
Encourages alternative transportation modes for both commuting and recreation.
Improves safety by decreasing conflicts between non- motorized and motorized traffic.
Improves transit access and general congestion relief.
Note:
1. It is expected that the Project will achieve the performance measures targets and/ or project outcomes as established herein. 369
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 1
APPENDIX G
TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
Appendix Index
Appendix G-1 TFCA Project Number and “ Years of Effectiveness” Appendix G-2 BAAQMD- approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA- funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects 370
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “ YEARS OF EFFECTIVENESS”
The PROJECT’ s established TFCA Project Number is to be included on all PROJECT reports and invoices.
The PROJECT’ s established period for TFCA “ Years of Effectiveness” is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/ or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last.
TFCA Project Number:
20ALA05
TFCA “ Years of Effectiveness”:
10 years
371
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 3
APPENDIX G-2
BAAQMD- APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD’ s Board- Adopted TFCA County Program Manager Fund Policies.
The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT:
BAAQMD Board- Adopted TFCA County Program Manager Fund Policies for FYE 2020 These Policies are available for view and download from the Alameda CTC’ s website:
https:// www. alamedactc. org/ wpcontent/ uploads/ 2019/ 07/ FYE_2020_ TFCA_ CPM_Policies_ only.pdf?x33781 Note: The above link provides a copy of Appendix D: Board- Adopted TFCA County Program Manager Fund Policies for FYE 2020 from BAAQMD’ s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2020. As incorporated into this AGREEMENT, ( i) the term “ Air District” in the policies shall be deemed to mean and refer to BAAQMD, ( ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and ( iii) “GRANTEE” shall be deemed to mean and refer to SPONSOR. https://www.alamedactc.org/wp-content/uploads/2019/07/FYE_2020_ TFCA_CPM_Policies_only.pdf?x33781
https://www.alamedactc.org/wp-content/uploads/2019/07/FYE_2020_TFCA_CP M_Policies_only.pdf?x33781
372
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 4
APPENDIX G-3
TFCA INSURANCE REQUIREMENTS
See Below and Attached]
Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD’ s Insurance Guidelines, Appendix F of BAAQMD’ s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending ( FYE) 2020. As incorporated into this Agreement, ( i) the term Air District” in the attached shall be deemed to mean and refer to BAAQMD, ( ii) “County Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and ( iii) “Grantee” shall be deemed to mean and refer to SPONSOR.
INSURANCE REQUIREMENTS
Verification of Coverage
SPONSOR is required to provide certificates and/ or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion.
Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers.
Additionally, SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT.
Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:
1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.
2. Property Insurance: in an amount of not less than the insurable value of SPONSOR’ s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.
3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit not less than $ 1 million.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’ s rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
373
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 5
County Program Manager Fund Expenditure Plan Guidance FYE 2020 Appendix F: Insurance Guidelines
This appendix provides guidance on the insurance coverage and documentation typically required for TFCA County Program Manager Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.
The typical Funding Agreement requires that each Grantee provide documentation showing that they meet the following requirements for each of their projects. The County Program Manager is not required to meet these requirements itself, unless it is acting as a Grantee.
1. Liability Insurance:
Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.
Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Grantee.
2. Property Insurance:
New Equipment Purchases - an amount of not less than the insurable value of Grantee’ s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.
Retrofit Projects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Grantee’ s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.
3. Workers Compensation Insurance:
Construction projects – including but not limited to bike/ pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.
4. Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’ s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. County Program Managers should contact the Air District liaison with questions, especially about unusual projects.
BAAQMD Transportation Fund for Clean Air – County Program Manager Page 25 374
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 6
County Program Manager Fund Expenditure Plan Guidance FYE 2020 BAAQMD Transportation Fund for Clean Air – County Program Manager Page 26 375
Alameda CTC Agreement No. A19- 0064
Project No. 1481001
Appendix G – Page 7
APPENDIX G-4
REPORTING FORMS FOR TFCA- FUNDED PROJECTS
TFCA Interim Report Form:
The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC’ s website at: https:// www. alamedactc. org/ funding/ reporting- and- grant- forms/ reimbursement- andreporting- forms/ TFCA Final Report Form:
The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC’ s website at: https:// www. alamedactc. org/ funding/ reporting- and- grant- forms/ reimbursement- andreporting- forms/ Note: There are four TFCA report form templates. Use the appropriate form, as follows:
Form 1 - Trip Reduction Projects, for shuttles/ feeder bus operations, ridesharing and transportation demand management ( TDM) programs, and Smart Growth projects Form 2 - Alternative Fuel Vehicles, for all vehicle projects Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority TSP)
https://www.
alamedactc.
org/funding/r
eporting-and
-grant-forms
/reimbursem
ent-and-rep
orting-forms/
https://www.alamedactc.org/funding/reporting-and-grant-forms/reimburs ement-and-reporting-forms/
https://www.
alamedactc.
org/funding/r
eporting-and
-grant-forms
/reimbursem
ent-and-rep
orting-forms/
https://www.alamedactc.org/funding/reporting-and-grant-forms/reimburs ement-and-reporting-forms/
376
STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Proclamations for the Month of March
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will consider the following proclamations for the month of March in the City of Dublin: American Red Cross Month, Developmental Disabilities Awareness Month, Irish American Heritage Month, March for Meals, Colorectal Cancer Awareness Month, and Women’s History Month.
STAFF RECOMMENDATION:
Approve the proclamations.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider the following proclamation for the month of February:
1. American Red Cross Month
2. Developmental Disabilities Awareness Month
3. Irish American Heritage Month
4. March for Meals
5. Colorectal Cancer Awareness Month
6. Women’s History Month
STRATEGIC PLAN INITIATIVE:
None.
377
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) American Red Cross Month Proclamation
2) Developmental Disabilities Awareness Month Proclamation 3) Irish American Heritage Month Proclamation
4) March for Meals Proclamation
5) Colorectal Cancer Awareness Month Proclamation
6) Women’s History Month Proclamation
378
Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“American Red Cross Month”
WHEREAS, founded in 1898, the American Red Cross, a leading voluntary agency chartered and authorized by Congress to act in times of need, provides compassionate assistance to people afflicted by personal, local, or national disasters; and WHEREAS, each year, the President of the United States proclaims March as “Red Cross Month” providing an opportunity to honor and celebrate the everyday heroes who help fulfill the American Red Cross mission; and WHEREAS, due to the coronavirus pandemic, families continue to depend on the American Red Cross every day for emergency support, including supplying blood products for patients in need of transfusions due to surgery, cancer treatments, or trauma; and WHEREAS, the American Red Cross Bay Area Chapter has helped 530 families with temporary housing, clothing, food, and mental health counseling during 260 local disasters last year alone; and WHEREAS, people have counted on the American Red Cross for the information and skills they need to be safe at home, work, school, and play, and last year the American Red Cross Bay Area Chapter trained 28,900 people in lifesaving CPR, First Aid, and water safety; and
WHEREAS, the American Red Cross staff deployed with the U.S. Military to provide emergency communications, counseling, financial assistance, and a caring presence to 1,300 local military families; and WHEREAS, American Red Cross Blood Services supports Bay Area hospitals, providing them annually with more than 74,228 units of red cells, platelets, and plasma to patients in need.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as American Red Cross Month in the City of Dublin and thanks the American Red Cross for their invaluable work and efforts not only in our community, but around the country.
DATED: March 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 379
Attachment 2
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Developmental Disabilities Awareness Month”
WHEREAS, on the heels of the deinstitutionalization movement of the seventies and early eighties laying the foundation for significant social change, in 1987 President Ronald Reagan proclaimed the month of March as “Developmental Disabilities Awareness Month,” calling upon Americans to provide the “encouragement and opportunities” necessary for people with developmental disabilities to reach their potential; and
WHEREAS, each March, the National Association of Councils on Developmental Disabilities (NACDD), and partners work together to create a social media campaign that highlights the many ways in which people with and without disabilities come together to form strong, diverse communities; and
WHEREAS, the campaign theme for 2022 is Worlds Imagined; and WHEREAS, the campaign seeks to raise awareness about the inclusion of people with developmental disabilities in all facets of community life, as well as awareness of the barriers that people with disabilities still sometimes face in connecting to the communities in which they live; and
WHEREAS, the City of Dublin’s mission 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.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as Developmental Disabilities Awareness Month in the City of Dublin and urges every citizen to increase awareness about developmental disabilities and support inclusion and equity for all.
DATED: March 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 380
Attachment 3
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Irish American Heritage Month”
WHEREAS, Irish American Heritage Month is a time to celebrate the contributions which Irish Americans have made to the United States; and
WHEREAS, the first recorded celebration of Irish Americans dates back to 1762 with the first St. Patrick’s Day parade in New York City; the parade became an annual event which was initially organized by military units but after the War of 1812, Irish fraternal societies took over the organization; and
WHEREAS, the City of Dublin annually celebrates Irish American Heritage through many activities including the St. Patrick’s Day festivities and events surrounding Irish Heritage; and
WHEREAS, this year’s events will be held Friday, March 11 through Sunday, March 13 and will feature a variety of Irish and Irishinspired food, arts and crafts, service, and entertainment offerings.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as Irish American Heritage Month in the City of Dublin and encourages citizens to celebrate the achievements and contributions of Irish Americans to the City of Dublin and the rich Irish American Heritage of our community.
DATED: March 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 381
Attachment 4
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“March for Meals Month”
WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years and older; and WHEREAS, Meals on Wheels America established the March for Meals campaign in March 2002 to recognize the historic month and the importance of the Older Americans Act Nutrition Programs, and to raise awareness about the escalating problem of senior hunger in America; and WHEREAS, the 2022 observance of March for Meals celebrates 20 years of the collaboration of local community organizations, businesses, government agencies, and compassionate individuals in supporting Meals on Wheels programs that deliver vital and critical services by donating, volunteering, and raising awareness about senior hunger and isolation; and WHEREAS, Meals on Wheels programs, both Congregate and Home-Delivered in Dublin, have served our communities admirably for more than 40 years in California; and
WHEREAS, volunteers for Meals on Wheels programs in Dublin are the backbone of the program and they not only deliver essential meals to seniors and individuals with disabilities who are at significant risk of hunger and isolation, but also demonstrate care for and attention to their welfare; and WHEREAS, Meals on Wheels of Alameda County’s program has delivered warmth and joy to 3,200 senior neighbors this last holiday season; and WHEREAS, Meals on Wheels programs in Dublin provide nutritious meals to seniors throughout the city that help them maintain their health and independence, thereby preventing unnecessary falls, hospitalizations and/or premature institutionalization.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as March for Meals Month in the City of Dublin and urges every citizen to take this month to honor our Meals on Wheels of Alameda County programs, the seniors they serve, and the volunteers who care for them. Our recognition of, and involvement in, the National 2022 March for Meals can enrich our entire community and help combat senior hunger and isolation in America.
DATED: March 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 382
Attachment 5
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Colorectal Cancer Awareness Month”
WHEREAS, in an effort to increase public awareness and raise funds for research and treatment, President Bill Clinton proclaimed the month of March as Colorectal Cancer Awareness Month; and WHEREAS, colorectal cancer is one of only a few cancers that can be prevented because colorectal cancer screening allows doctors to find and remove hidden growths before they become cancer; and WHEREAS, according to the American Cancer Society, colorectal cancer is the third leading cause of cancer deaths among men and women in the United States, and currently there is no cure; and WHEREAS, the Center for Disease Control’s “Colorectal Cancer Control Program” provides funding to state health departments and other organizations to increase the rate of colorectal cancer screenings; and WHEREAS, Colorectal Cancer Awareness Month is an opportunity to offer education on the signs and symptoms of colorectal cancer and the importance of early detection and screening.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as Colorectal Cancer Awareness Month in the City of Dublin and encourages citizens to raise awareness about colonoscopies and this important life-saving measure.
DATED: March 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 383
Attachment 6
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Women’s History Month”
WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and
WHEREAS, American women have played and continue to play critical economic, cultural, and social roles in every sphere of life in the City of Dublin and the Nation by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, the National Women’s History Alliance theme for 2022 is “Women Providing Healing, Promoting Hope”, both a tribute to the ceaseless work of caregivers and frontline workers during this ongoing pandemic and a recognition of the thousands of ways in which women of all cultures have provided both healing and hope throughout history; and WHEREAS, American women of every race, class, and ethnic background have served as leaders in the forefront of every major progressive social change movement; and
WHEREAS, American women have served our country courageously in the military; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the literature, teaching, and study of American history.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2022 as Women’s History Month in the City of Dublin to recognize women for their invaluable work and their role not only in our community, but around the country.
DATED: March 1, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 384
STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Citywide Multi-Family Objective Design Standards and Zoning Ordinance Amendments (PLPA-2022-00002)
Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider approval of the Citywide Multi-Family (MF) Objective Design Standards (ODS) and companion amendments to Title 8 (Zoning) of the Dublin Municipal Code.
State law requires local jurisdictions to provide a streamlined ministerial approval process for eligible multi-family residential developments, subject to objective zoning and design review standards. The proposed MF ODS and Zoning Ordinance Amendments would ensure that objective zoning and design review standards are in place. The first reading of the Ordinance approving the Citywide MF ODS and Zoning Ordinance Amendments was held at the February 15, 2022 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Approving the Citywide Multi-Family Objective Design Standards and Amendments to Dublin Municipal Code Chapter 8.36 (Development Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance).
FINANCIAL IMPACT:
The costs associated with preparing the Citywide Multi-Family Objective Design Standards include staff and consultant time. The consultant costs are offset by a Senate Bill 2 grant.
DESCRIPTION:
Senate Bill 35 (SB 35) provides for a streamlined ministerial approval process for multi-family residential developments in cities and counties that have made insufficient progress toward meeting their assigned Regional Housing Needs Allocation, subject to meeting certain eligibility 385
criteria and objective zoning and design review standards. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing general plan or zoning provisions, and comply with other requirements such as location and demolition restrictions.
In response to the legislation, Staff prepared Multi-Family Objective Design Standards (MF ODS) with assistance from RRM Design Group, and prepared companion amendments to the Dublin Municipal Code (DMC). Without the MF ODS, the City would have little control over the design of future eligible housing projects where the developer has requested streamlined approval.
Companion amendments to the DMC include, Section 8.36.020 (Agricultural and Residential Development Regulations), Section 8.104.020 (Exemptions from SDR), Section 8.116.020 (Applications Requiring a Zoning Clearance), Section 8.116.030 (Application), 8.116.040 (Approval), and Section 8.116.050 (Expiration of Zoning Clearance).
On February 15, 2022, the City Council waived the first reading and introduced the Ordinance (Attachment 1) approving the Citywide MF ODS (Attachment 2) with minor text amendments which have been incorporated, and DMC Amendments. Please refer to Attachment 3 for a complete discussion of the proposed amendments.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Citywide Multi-Family Objective Design Standards and Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times on February 5, 2022, and February 10, 2022, and posted at several locations throughout the City. Additionally, the City Council Agenda was posted.
386
ATTACHMENTS:
1) Ordinance Approving the Citywide Multi-Family Objective Design Standards and Related Zoning Ordinance Amendments
2) Exhibit A to Attachment 1 – Citywide Multi-Family Objective Design Standards 3) City Council Staff Report, dated February 15, 2022, without Attachments 387
Attachment 1
Ord. No. X-22, Item X.X, Adopted XX/XX/22 Page 1 of 4
ORDINANCE NO. X-22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CITYWIDE MULTI-FAMILY OBJECTIVE DESIGN STANDARDS AND AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.36
(DEVELOPMENT REGULATIONS), CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) AND CHAPTER 8.116 (ZONING CLEARANCE)
EFFECTIVE CITY-WIDE
PLPA-2022-00002
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, Senate Bill 35 (SB 35) was part of a legislative package aimed at addressing the State’s housing shortage and high housing costs; and WHEREAS, SB 35 provides a streamlined ministerial approval process for multifamily residential developments in cities and counties that have made insufficient progress towards meeting their assigned Regional Housing Needs Allocation, subject to meeting certain eligibility criteria and objective zoning and design review standards; and WHEREAS, in response, the City of Dublin prepared the proposed Citywide MultiFamily Objective Design Standards, attached as Exhibit A, and companion Zoning Ordinance Amendments to meet the requirements of SB 35; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2022, during which all interested persons were heard, and adopted Resolution No. 22-01 recommending City Council adoption of the proposed Citywide Multi-Family Objective Design Standards and related Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Citywide Multi-Family Objective Design Standards and related Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Citywide MultiFamily Objective Design Standards and related Zoning Ordinance Amendments on February 15, 2022, at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
388
Ord. No. X-22, Item X.X, Adopted XX/XX/22 Page 2 of 4
WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the proposed Citywide Multi-Family Objective Design Standards and related Zoning Ordinance Amendments are consistent with the General Plan and all applicable Specific Plans in that the amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. Specifically, General Plan Policy A.3 is to “maintain streamlined procedures for processing new residential development applications.”
Section 2. The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds the proposed Citywide MultiFamily Objective Design Standards and related Zoning Ordinance Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and, thus, are not subject to CEQA review.
Section 3. Thirty days following the adoption of the Ordinance, the Dublin Municipal Code is amended as follows:
Section 8.36.020 (Agricultural and Residential Development Regulations) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:
B. All new multi-family residential development shall comply with the Citywide MultiFamily Objective Design Standards, which are hereby adopted and incorporated by reference herein. Copies of the adopted standards are on file with the Planning Division, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said standards are adopted by reference and incorporated as fully as if set out at length herein, and as may be amended from time to time pursuant to Government Code Section 65850 et seq.
Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:
J. Housing Projects Eligible for Streamlined Approval. Housing projects that are eligible for a streamlined approval process pursuant to Government Code Section 65913.4, provided the Community Development Director or his/her designee approves a Zoning Clearance in accordance with Chapter 8.116.
Subsection B of Section 8.104.090 (Required Findings) of Title 8 of the Dublin Municipal Code is amended as follows:
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B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance. For new multi-family residential development only, the proposal is either consistent with all of the Citywide Multi-family Objective Design Standards adopted pursuant to Section
8.36.020(B); alternatively, if the proposal deviates from one or more objective design standards, then the proposal is consistent with the purpose and intent of the applicable standard.
Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to add the follow subsection:
J. Housing Projects Eligible for Streamlined Approval. Housing projects that meet all eligibility criteria as set forth in Government Code Section 65913.4.
Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is amended to add the follow subsection:
J. Housing Projects Eligible for Streamlined Approval. If the Zoning Clearance is for a housing project that is eligible for streamlined approval pursuant to Government Code Section 65913.4, the Applicant shall submit a “Zoning Clearance for Housing Projects Eligible for Streamlined Approval” application form provided by the Community Development Department with information requested on the form.
Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:
J. Housing Projects Eligible for Streamlined Approval. Housing projects that are eligible for a streamlined approval process pursuant to Government Code Section 65913.4 shall be reviewed for consistency with the Citywide Multi-Family Objective Design Standards contained in Section 8.36.020(B) and all other applicable objective standards within Title 8, Zoning Ordinance. The Zoning Clearance approval for a housing project eligible for streamlined approval shall be a completed “Zoning Clearance for Housing Projects Eligible for Streamlined Approval” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.
Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:
J. Housing Projects Eligible for Streamlined Approval. A Zoning Clearance issued in conjunction with a housing project eligible for streamlined approval shall expire in accordance with Government Code Section 65913.4(f).
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
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Section 5. 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 1st day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to Attachment 1
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PREPARED FOR
City of Dublin
PREPARED BY
RRM Design Group
ACKNOWLEDGMENTS
CITY COUNCIL
Melissa Hernandez - Mayor
Jean Josey - Vice Mayor
Sherry Hu
Shawn Kumagai
Michael McCorriston
PLANNING COMMISSION
Dawn Benson
Catheryn Grier
Renata Tyler
Janine Thalblum
Stephen Wright
Kashef Qaadri - Alternate
CITY STAFF
Jeff Baker - Community Development Director
Kristie Wheeler - Assistant Community Development Director Michael P. Cass – Principal Planner
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TABLE OF CONTENTS
CHAPTER 1 – INTRODUCTION
1.1 Purpose 1-1
1.2 Organization and Applicability 1-1
CHAPTER 2 – SITE PLANNING
OBJECTIVE STANDARDS
2.1 Building Placement 2-1
2.2 Vehicular Surface Parking and Access 2-3
2.3 Bicycle Parking 2-5
2.4 Pedestrian Circulation and Access 2-6
2.5 Private Outdoor Space 2-7
2.6 Common Usable Outdoor Space 2-7
CHAPTER 3 – BUILDING DESIGN
OBJECTIVE STANDARDS
3.1 Building Form and Massing 3-1
3.2 Façade Articulation 3-3
3.3 Roof Forms 3-4
3.4 Building and Unit Entries 3-5
3.5 Fenestration 3-7
3.6 Parking Structures 3-8
3.7 Building Materials, Colors, and Lighting 3-10
3.8 Ancillary Structures, Equipment, and Utilities 3-11
APPENDIX A
Glossary of Terms A-1
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1 1-1
INTRODUCTION
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CHAPTER 1 -
INTRODUCTION
1.1 PURPOSE
The purpose of the Multi-family Objective Design Standards is to ensure that new multi-family development in Dublin provides high quality architecture, appropriately connects to its surroundings, includes well designed amenities and open spaces, promotes sustainability, and contributes to walkable and safe environments. The Multi-family Objective Design Standards are intended to guide property owners, applicants/developers and design professionals and provide clear design direction that enhances an area’s unique character and ensures a highquality living environment that will be desirable and hold its value over time, while encouraging creative design that enriches the community of Dublin.
1.2 ORGANIZATION AND
APPLICABILITY
The following Multi-family Objective Design Standards are organized into two primary sections: Site Planning and Building Design. The Site Planning Chapter includes objective standards for site layout and building placement, vehicular access and parking, and outdoor spaces and amenities. The Building Design Chapter includes objective standards for building form and massing, façade articulation, unit entries, fenestration, colors and materials, parking structure design, and accessory structures and utilities.
The Multi-family Objective Design Standards supplement existing development standards described in Title 8 (Zoning) of the Dublin Municipal Code and Planned Development zoning districts, as well as in adopted specific plans, such as the Downtown Dublin Specific Plan, Dublin Crossing Specific Plan, Dublin Village Historic Area Specific Plan, and Eastern Dublin Specific Plan. If there is any conflict between these standards and those in another adopted document, the more restrictive standard shall apply.
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1 INTRODUCTION
1-2 OBJECTIVE DESIGN STANDARDS
CITYWIDE MULTI-FAMILY
All new multi-family residential development shall comply with the MultiFamily Objective Design Standards contained herein. To be eligible for a streamlined approval process, the development must meet the specific eligibility criteria as set forth in Government Code Section 65913.4.
Projects that are eligible for streamlined approval shall be consistent with all Multi-Family Objective Design Standards contained herein. The discretionary Site Development Review (SDR) Permit process described in Dublin Municipal Code Chapter 8.104 shall be used for all developments that are not eligible for streamlined approval. Applicants requesting any deviation from these Multi-Family Objective Design Standards shall be reviewed under the discretionary SDR Permit process.
Allowing flexibility through a discretionary SDR Permit shall not be construed as allowing dilution of the quality and character of a project.
For a glossary of relevant terms used throughout this document, please refer to Appendix A.
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CHAPTER 2 - SITE PLANNING
OBJECTIVE STANDARDS
Site planning refers to the arrangement of buildings and parking areas, the size and location of pedestrian spaces and parking areas, and how these features relate to one another. Topics in this Chapter include building placement, vehicular surface parking and access, bicycle parking, pedestrian circulation and access, and private and common usable outdoor space.
2.1 BUILDING PLACEMENT
A. Buildings located adjacent to the primary street shall have unit front entries facing the street.
B. For buildings not located along the primary street, unit front entries shall be oriented to face internal common open space areas such as landscaped courtyards, plazas, or paseos.
C. Each dwelling unit fronting a primary or side street shall include at least one street-facing porch, balcony, and/or patio.
2.1.A Buildings located adjacent to the primary street shall have unit front entries facing the street
2.1.B Buildings not located along the primary street shall have unit front entries oriented to face internal common open space areas 404
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D. A minimum five-foot wide landscape buffer shall be located adjacent to all ground level private outdoor spaces to provide additional privacy and security for the residents. The buffer shall be planted with dense evergreen shrubs and vines which grow to or are maintained at a threefoot minimum height. Stoops are permitted to encroach into the fivefoot wide landscape buffer.
E. Ground floor units shall be located, oriented, and/or screened to prevent visual intrusion of vehicle lights into habitable ground floor spaces.
F. Projects with six or more dwelling units shall cluster mailboxes in a common centralized location that is internal to the site. Clustered mailboxes shall utilize the same colors and/or materials to the main buildings on the site. 2.1.D A minimum five-foot wide landscape buffer shall be located adjacent to all ground level private outdoor spaces to provide additional privacy and security
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Greater than
100 feet
100 feet
or less
Parking B.II:
For projects with less than 100 linear feet of primary street frontage, a maximum of one vehicle access point from the primary street is permitted. For projects with 100 linear feet or more of primary street frontage, a maximum of two vehicle access points from the primary street is permitted.
2.2.B Project entries and pedestrian crossings shall feature enhanced paving
2.2.C Interior lots with a street frontage width less than 100 feet, one access point is permitted. Interior lots with a street fronting width greater than 100 feet may have up to two access points.
2.2 VEHICULAR SURFACE
PARKING AND ACCESS
A. When alley or side street access is available, primary access to parking areas shall be taken from this location, rather than the primary street.
B. Enhanced paving treatment using patterned and/or colored pavers, brick, or decorative colored and scored concrete shall be used as follows:
i. Entry Drives - Minimum 12 feet deep across the width of each entry drive.
ii. Pedestrian Crossings - Minimum one foot wider than connecting walkways across the length of the intersecting primary and side streets.
C. For interior lots with less than 100 linear feet of street frontage, a maximum of one vehicle access point from the street is permitted. For interior lots with 100 linear feet or more of street frontage, a maximum of two vehicle access points from the street is permitted. For corner lots, one vehicular access point is permitted per street frontage, with an overall maximum of two vehicular access points permitted. Vehicle access points shall be located near the property line furthest from the intersection.
D. For developments with controlled entrances, including vehicular access gates to parking areas, access shall be located a minimum of 20 feet from the back of sidewalk along Collector, Local Residential, or Private streets, and 40 feet from the back of sidewalk along Arterial roadways to accommodate vehicle(s) entering the site without queuing into the street. 406
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E. Surface parking areas for developments shall be screened from the street.
Screening may be accomplished through building placement, landscape features, and/or low walls. Low walls for screening shall be set back at least three feet from the back of public sidewalks with evergreen shrubs and/or vines provided between the sidewalk and wall.
F. Developments with more than 20 units shall provide at least one ride share pick-up and drop-off and/or delivery location within 100 feet of an entrance to the primary building.
i. Ride share pick-up and drop-off and/or delivery locations shall be clearly visible from the roadway and/or primary driveway entrances and provide a passenger loading space or temporary parking space to avoid passenger loading within vehicular circulation routes. ii. Ride share pick-up and drop-off and/or delivery locations shall provide waiting area with a minimum of one bench and one waste/recycling receptacle. Benches shall be covered or located under trees. The waiting area may be located within a building lobby, clubhouse, or common building if the pick-up location is visible from this location.
2.2.E Surface parking areas for developments shall be screened from the street
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2.3.A Short-term bicycle racks shall be located in a visible location within 200 feet of the building entrance
2.3.C Long-term bicycle parking shall be located in a secure area within a parking structure or building, or within a lockable storage enclosure
2.3 BICYCLE PARKING
A. Short-term bicycle parking shall be provided in the form of permanent, readily visible bicycle racks. Bicycle racks must allow both wheels to be locked to the rack. Racks shall be located within 200 feet of the primary building entrance. Bicycle racks and associated bicycle maneuvering shall not impede upon the public sidewalk path of travel and shall not be placed within the public right-of-way.
B. At least one long-term bicycle storage space is required for each unit and may be located within a designated space within the unit, within individual lockable containers outside of the unit, or within a secure, long-term bicycle parking area.
C. Secure, long-term bicycle parking areas shall be enclosed and designed within a parking structure or building, or within a lockable storage enclosure.
i. Lockable storage enclosures shall not be visible from the right-of-way. ii. Enclosures must be designed with materials and colors used in the primary building or shall be screened with dense evergreen shrubs and trees.
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2.4.A On-site pedestrian circulation and access shall be provided to connect the site
2.4.B Differing/contrasting paving materials shall be used to distinguish primary entries to buildings
2.4 PEDESTRIAN CIRCULATION AND ACCESS
A. Paved on-site pedestrian circulation and access shall be provided according to the following standards:
i. Connecting residential units to other areas of the site, such as parking areas, common outdoor areas, waste and recycling enclosures, pet waste stations, and pedestrian amenities.
ii. Connecting public sidewalks to building entries and parking areas. iii. Connecting building entrances to all bus/transit stops directly adjacent to the project.
B. Primary entries to buildings shall provide decorative paving that contrasts in color and texture from the adjacent walkway paving to accentuate the entrances.
C. Pedestrian walkways on private property shall be designed with the following conditions:
i. Constructed of firm and slip-resistant materials such as concrete, stamped concrete, or concrete pavers.
ii. Designed with a minimum width of four feet.
iii. Flanked on both sides of the walkways with landscaping, including a mix of turf or low groundcovers and low shrubs that do not exceed four feet in height.
iv. Evergreen canopy trees spaced to shade at least 50 percent of the overall walkway length at maturity.
v. Pedestrian scale lighting fixtures located at least five feet away from adjacent residential dwellings. Design of pedestrian-scale lighting fixtures shall be consistent with building lighting fixtures. 409
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2.5.A Private outdoor space shall be provided for each unit
2.5.B Private outdoor space shall be provided at a minimum of 60 square feet per unit with a minimum dimension of six feet in any direction
2.5 PRIVATE OUTDOOR SPACE
A. The equivalent of 10 percent or more of the floor area of each unit shall be provided as private outdoor space. For units on upper floors, this outdoor space may be provided by decks and balconies. This requirement may be satisfied by more than one private outdoor space area.
B. Private outdoor space, including balconies provided to meet private outdoor space requirements shall be provided at a minimum of 60 square feet per unit with a minimum dimension of six feet in any direction.
2.6 COMMON USABLE OUTDOOR SPACE
A. Common usable outdoor space shall be provided at minimum 30 percent of the net site area. For example, a one-acre net site would be required to provide 13,068 square feet of common usable outdoor space in one or multiple locations within a project.
B. A minimum of one pet waste bag and disposal station shall be provided per common usable outdoor space where pets congregate.
C. Common usable outdoor space shall be arranged to maximize visibility by project residents. Barriers shall be designed with transparency to afford opportunities for surveillance through the barrier. 6 feet Min
6 feet
Min
Private
outdoor
space
(60 square
feet
minimum)
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2.6.D.iv Outdoor Amenity Table
Number of Units Required Number of
Amenities
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus 1 for each 100, or
fraction thereof, over 100
Total Number of Outdoor Amenities D. Outdoor Amenity Requirements. i. Outdoor amenities shall be provided as a component of required Common Usable Outdoor Space.
ii. Each common usable outdoor space shall be designed with a minimum of 500 square feet of dedicated and improved open space, with a minimum dimension of 10 feet in any direction.
iii. Each common usable outdoor amenity space shall include a minimum of one secure in-place waste/recycling receptacle and one covered seating area, unless otherwise specified in this section. iv. The number of amenities within common usable outdoor space shall be based on the number of units within the multi-family project as shown in the Outdoor Amenity Table. Where more than one amenity is required, a combination of the outdoor amenities identified in subsection v. shall be provided.
v. Amenity requirements shall be satisfied with one or more of the following:
a. Children’s play area, with at least four pieces of play equipment, designed for children of all abilities and ages five years and younger. b. A landscaped and improved gathering space,
1. Space shall contain the following:
a. At least four picnic tables or equivalent lounging furniture. b. A minimum of five shade trees.
c. At least two barbecue fixtures and/or two fire pits, d. Minimum two secure in-place waste/recycling receptacles, e. Shade coverage for a minimum of 25% of the gathering space area (shade sail, umbrella, trellis, gazebo, or additional evergreen shade trees beyond the minimum requirement),
2. Gathering areas may be provided either at ground level, or on roof decks/ terraces but shall not be located on
roofs directly adjacent to single-family zoning districts. 2.6.D.v Example of outdoor lounging furniture 411
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2.6.D.v.b Gathering areas shall consist of at least four picnic tables, or equivalent lounging furniture, with at least 25% of the area covered
3. Barbecue fixtures and/or fire pits shall be located at least 20 feet away from adjacent existing and proposed residential units. c An illuminated, regulation size tennis or multipurpose court and incorporating shielded cut-off light fixtures. d. A dedicated and improved illuminated space containing at least one regulation size Bocce, Petanque, or other similar type court.
The space shall contain a minimum of three benches or equivalent lounging furniture (at least one covered by an overhead shade canopy or evergreen tree), at least two secure in-place waste/ recycling receptacles, and a minimum of three shade trees. e. An enclosed, off-leash dog run/relief/wash area including signage and pet waste bag and disposal stations adjacent to all entrances/exits. i. The dog area shall contain at least one three-dimensional dogoriented improvement (e.g. rock, jumps, fire hydrant). ii. One potable water connection with dog bowl refilling and dog wash capabilities.
iii. A minimum of three benches or equivalent lounging furniture (at least one covered by an overhead shade canopy or evergreen tree), at least two secure in-place waste/recycling receptacles, and a minimum of three shade trees.
f. Enclosed pool area with a minimum of an 800-square-foot swimming pool with at least one changing area and/or restroom.
The pool area shall include at least three lounge chairs, two side tables, and one outdoor umbrella. Pool area shall include perimeter landscaping consisting of evergreen species and at least three shade trees that do not drop leaves, nuts, or fruits.
2.6.D.v.f &g Amenity areas could include a swimming pool and/or spas 412
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g. Enclosed spa area with a minimum of two spas, one
changing area or restroom, and a landscaped area
containing evergreen species and a minimum of two
shade trees, at least two chairs, and one side table.
h. Minimum ¼ mile paved and accessible walking path/trail that is at least five-feet wide, with at least one pedestrian scale light and bench or equivalent lounging furniture provided for every 250 feet of path/trail. Seating areas along the path/trail shall be located adjacent to or in close proximity to the trail, and shall be covered or located under evergreen canopy trees. i. Community garden with at least one potting station containing a minimum two-foot by four-foot table, one compost bin, one shed sized to accommodate gardening tools and designed to match the primary building colors, materials, and architectural style. The community garden shall have at least one potable water connection and have irrigation provided to all garden beds. j. Other outdoor amenities mutually agreed upon
between the developer and the City of Dublin.
2.6.D.v.h Paved and accessible walking path/trail shall be at least five-feet wide with pedestrian scale lighting and seating areas
2.6.D.v.i Community garden shall include at least one potting station, compost bin, and tool shed
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3 CHAPTER 3 - BUILDING DESIGN
OBJECTIVE STANDARDS
Building forms, façades, and detailing influence cohesiveness, comfort, and aesthetic pride. Topics in this Chapter include building massing and form, façade articulation, roof forms, building and unit entries, fenestration, parking structure design, building materials and lighting, and accessory structures and utilities.
3.1 BUILDING FORM AND MASSING
Building massing and design delineate individual units or clusters of units, articulation, distinction, and identity through varied heights, setbacks, projections, and recesses. Materials and colors emphasize changes in building elements and massing.
A. Building façades visible from the primary or side street shall not extend more than 40 feet in length without a five-foot variation in depth in the wall plane. Building entrances, front porches, upper-story setbacks, and projections such as stoops, bays, overhangs, and trellises count towards this requirement.
B. Buildings greater than two stories shall be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap.
Buildings less than two stories shall include a defined base and top. 40 feet 40 feet
Max
40 feet
Max Max
40 feet
Max
40 feet
Max
3.1.A Building façades visible from a primary or side street shall not extend more than 40 feet without a five-foot variation in depth in the wall plane
3.1 Building design shall include
varied heights, setbacks, and
wall plane variation
Building design lacking materials
and colors is not permitted
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C. A building located adjacent to a primary street frontage shall recess portions of any wall plane above two stories. A minimum of 20 percent of the upper floor facades (measured by the length of first floor wall plane adjacent to the primary street) shall be recessed. The average stepback shall be 10 feet minimum for the upper floors as measured from the first-floor building wall plane. (See Figure 3.1.C) D. If the elevation facing a primary street is longer than 50 feet, no more than 50 percent of a building façade shall be on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 50 percent of the building façade.
E. Elevations not facing a primary street shall have no more than 75 percent of a building façade on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 25 percent of the building façade.
3.1.D Building elevations longer than 50 feet along a primary street shall have no more than 50 percent of a building façade on a single plane
3.1.C Upper floor areas stepped back from the primary street 417
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3.2 FAÇADE ARTICULATION
A. Buildings shall be designed with the same suite of building details, articulation, and materials on all sides.
B. Walls that are publicly visible from a primary or side street shall not run in a continuous horizontal plane for more than 40 feet without incorporating articulation features such as glazing, overhangs, cornices, canopies, columns, pilasters, trellises, arches, or clearly defined projecting or recessed architectural element(s).
C. Building elements that do not provide authentic structural support but are provided to add aesthetic appeal, such as pilasters, columns, and unsupported trellises shall be designed to appear functional. i. Cantilevered balconies are only allowed on buildings with contemporary architectural styles.
ii. All other architectural styles shall incorporate a column, post, corbel, brace, or decorative support cable to ensure the building element appears structurally supported and not tacked on or unsupported.
D. Garage doors shall be recessed into the garage wall, with a minimum of four inches, provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief.
E. Where a balcony or ground floor patio is located adjacent to a window of an adjoining dwelling unit, the balcony railings or patio wall and/or fencing shall be constructed with limited openings and utilize materials which provide a minimum of 85 percent screening of balcony or ground floor patio areas (measured from the finished floor of private outdoor spaces to top of the railing, fencing, and/or wall).
3.2.D Garage doors shall be recessed into the wall plane
3.2.B Building walls that are visible from a primary or side street shall not run in a continuous horizontal plane for more than 40 feet without incorporating articulation techniques
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3.3 ROOF FORMS
A. Roof lines shall not extend more than 40 feet in length without a change in form or ridgeline as described below:
i. Vary roof forms, such as hip, gable, shed, flat, and mansard. ii. Incorporate architectural elements, such as parapets, varying cornices, and reveals.
iii. Vary roof height at least two feet from adjacent roofs, as measured from the highest point of the roof lines.
B. Parapets shall be provided around the perimeter of a flat roof and shall be high enough to screen all rooftop mechanical equipment from being visible from a public area or along the public right-of-way. Parapets shall be at least six inches above the tallest rooftop equipment.
C. Interior side of parapet wall shall not be visible from the public right-ofway.
D. Parapet shall be capped with precast treatments, continuous banding, or projecting cornices, dentils, or similar edge treatment consistent with the identified traditional or universally recognized architectural style.
3.3.A Roof lines shall be vertically articulated with a change in form or ridgeline height
3.3.D Parapets shall be articulated to feature stylistic architectural details 419
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3.4 BUILDING AND UNIT ENTRIES
A. Individual building and/or unit entry design shall incorporate architectural treatments (e.g., feature window details, tower, decorative veneer or siding, porch/stoop), projecting elements above the entrance, and/or changes in roof line or wall planes.
B. Primary entrances located on the ground floor shall include one or more of the following:
i. Stoop:
a. Serving a maximum of two units.
b. Stair width shall be a minimum four feet in width.
Lowest riser shall be set back to ensure railings
do not encroach in the public right-of-way.
c. Entry landing shall be a minimum five feet in depth. d. Either projected or recessed weather protection
with a minimum depth of 36 inches.
ii. Front Porch:
a. Minimum dimension of four feet of depth.
b. Either projected or recessed weather protection
with a minimum depth of 36 inches.
c. Maximum porch floor height from the
sidewalk grade shall be five feet.
3.4.B.i Stoop Entry
3.4.B.ii Front Porch Entry
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iii. Terrace:
a. May serve as entry to multiple units.
b. Maximum terrace floor height from the sidewalk
or walkway grade shall be five feet.
c. Maximum wall/fence/hedge height surrounding
terrace shall be 42 inches above terrace floor.
d. Lowest riser shall be set back to ensure railings
do not encroach in the public right-of-way.
iv. Frontage Court:
a. May serve as entry to multiple units.
b. Minimum width along primary frontage shall be 25 feet. c. Maximum width along primary frontage shall be 50 percent of the façade length or 80 feet, whichever is less.
d. Minimum depth of 15 feet and maximum
depth of 50 feet shall be maintained.
3.4.B.iii Terrace Entry
3.4.B.iv Frontage Court Entry
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3.5 FENESTRATION
A. Functional and decorative shutters shall maintain the same dimensions as the associated glazing. Functional and decorative shutters shall be half the width of the associated window glazing (for paired shutters), or matching width for a single shutter.
B. Window materials, color, and style shall be consistent on all elevations.
C. Window trim, sills, and shutters shall be differentiated with accent materials or colors that vary from the adjacent building wall surfaces.
D. One of the following window treatments shall be provided on all elevations:
i. Windows shall be recessed at least two inches from
surrounding exterior wall to the window glass surface.
ii. Built-up sills and trim, at a minimum ½ inch thick, shall be used to create surface relief and texture.
3.5.B Window materials, colors, and style shall be consistent on all elevations and match the architectural style of the building
3.5.A Shutters shall reflect the same dimensions as the associated glazing 422
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3.6 PARKING STRUCTURES
A. Parking structure walls visible from the street shall not extend more than 40 feet in length without a three-foot variation in depth in the wall plane.
B. Exterior parking structure wall surfaces shall mimic the primary building(s) on the site in regards to materials, colors, and design elements such as fenestration, railings, and building opening sizes and shapes and also utilize one or more of the following articulation methods:
i. Applied materials such as brick, stone, and/or siding which extend at least six inches from the face of the structure to the face of the applied materials.
1. Painted, smooth concrete, or stucco walls shall
not be included as articulated materials.
ii. Decorative architectural features such as cut metal screens, awnings, trellises, louvers, and/or decorative security grills.
iii. Parking structures two-stories or less shall apply such articulation to a minimum of 25 percent of the total wall area.
iv. Parking structures three stories and more shall apply such articulation to a minimum of 35 percent of the total wall area.
C. Parking structures facing primary streets shall provide a minimum of a five-foot planting area between the parking structure wall and public street.
D. Vertical planting shall be located to provide screening to wall surfaces located between openings, entrances, and architectural accent features.
Planting shall be evergreen screening vegetation that will grow to a minimum of 75 percent of the height of the parking structure, with container size selected to achieve this height of at least 50 percent within at least two (2) years from time of installation.
3.6.B.ii. Parking structure walls shall feature decorative architectural elements such as screens, awnings, trellises, louvers, and/or grills to enhance wall articulation and provide screening
3.6.D Vertical planting shall be provided to quickly screen non-descript exterior parking structure walls.
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E. For semi-subterranean parking structures facing a primary street, the parking structure walls shall be limited to four feet in height above the average grade along the primary street, and articulated materials requirements per sections A, B, and C shall be incorporated.
F. Parking structures located directly adjacent to a public right-of-way shall provide at least one centrally located exterior pedestrian gathering space such as a plaza or courtyard between the parking structure and the primary roadway. Pedestrian gathering space shall include at least two benches facing the street (covered or shaded by trees), one waste receptacle, and at least four short-term bike racks.
G. Parking structures facing Arterial roadways shall provide commercial mixed-uses and/or habitable uses along 75 percent of the street frontage, where permitted by zoning. Non-parking structure space shall be a minimum depth of 30 feet.
H. Stormwater source controls shall be integrated into parking garages.
Projects shall plumb interior parking garage floor drains to a stormwater treatment measure or the sanitary sewer, with approval from Dublin San Ramon Services District. Open levels of parking garages shall be directed to a stormwater treatment measure and sized in accordance with the Municipal Regional Stormwater NPDES Permit.
I. Projects shall incorporate green stormwater infrastructure, sized in accordance with the Municipal Regional Stormwater NPDES Permit, as part of landscape and drainage plans.
3.6.G Parking structures facing Arterial roadways shall provide commercial mixed-uses and/or habitable uses along the street frontage
3.6.F. Parking structures located directly adjacent to a public right-of-way shall provide at least one centrally located pedestrian gathering space 424
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3 3-10
3.7 BUILDING MATERIALS, COLORS, AND
LIGHTING
A. Building materials shall wrap building corners and changes shall occur at inside corners of intersecting walls or at architecture features that break up the wall plane, such as columns.
B. Guardrail and railing design, color, finish, and materials shall be consistent with the primary structure.
C. Use of accent materials such as glass, tile, brick, stone, concrete, or plaster shall be incorporated to highlight building features.
D. Bright/vibrant color schemes shall be limited to trim and accent elements.
Bright/vibrant colors are not permitted as a primary wall surface.
E. All building-mounted and site light fixtures shall be fully shielded and utilize cohesive colors and finishes which reflect the primary building’s architectural style.
Materials changes shall not be located at the outside corners or within the wall plane
3.7.D Limit bright and vibrant colors to trim and accent materials
3.7.A Material changes shall occur at inside corners of walls or at architecture features that break up the wall plane 425
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3.8.C Equipment/utility elements shall be concealed or
screened from public view
Exposed equipment/utility elements are not permitted
3.8 ANCILLARY STRUCTURES, EQUIPMENT,
AND UTILITIES
A. A minimum of 200 cubic feet of accessory storage space shall be provided for each unit within the development. The storage shall be located within 500 feet of the dwelling unit or within the project’s parking garage.
B. Accessory storage space may be located within a private garage or carport, or private outdoor space (e.g. patio, or balcony) assigned to the unit, and shall not be located within the habitable area. If accessory storage is provided on a patio or balcony, the amount of storage space shall be in addition to the private open space requirement and shall be designed with materials used within the primary building.
C. In ground and wall mounted utility elements such as wires, conduits, junction boxes, transformers, ballasts, backflow devices, irrigation controllers, switch and panel boxes, and utilities such as gas and electrical meters shall be concealed from public view by evergreen landscaping and/ or architectural features, such as a wall or trellis.
D. Equipment and utility wall and fencing screening shall incorporate the materials and colors of the primary building design. Landscape screening shall be selected and planted to completely conceal utility elements.
E. Detached garages or carports and other accessory buildings/ structures shall be designed using roof forms, materials, colors, and details used on the primary structure. Prefabricated metal carports and accessory structures are not permitted.
i. If carports are utilized, they shall incorporate decorative support posts that are at least six inches wide.
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F. Refuse areas shall be located within a building, incorporated into the building design, or located within a detached enclosure designed and placed as follows:
i. To the rear or sides of the buildings, and not visible from the street or public right-of-way.
ii. Incorporate the materials and colors of the primary building design. iii. Be screened with a minimum three-foot-wide planting area containing fast growing evergreen vegetation.
G. All flashing, sheet metal vents, exhaust fans/ventilators, and pipe stacks shall be painted to match the adjacent roof or wall material and/or color.
All wall mounted utilities shall be located at interior corners of building walls or behind building elements that conceal the utilities from public view.
H. Scuppers, downspouts, and drains shall be internalized or located at the inside edges of building walls, porches, or columns. External scuppers, downspouts, and drains are not permitted on prominent or highly visible portions of a wall surface. If they are provided, they shall be painted and/ or constructed of decorative materials that match other building accents.
3.8.G Surface ventilation features shall match the adjacent roof or wall material and/or color
3.8.H Downspouts shall not be prominently located and shall be placed at the inside edges of the building walls and designed to match the other building accents
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APPENDIX A
GLOSSARY OF TERMS
APPENDIX A
GLOSSARY OF TERMS
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A GLOSSARY OF TERMS
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APPENDIX A - GLOSSARY
OF TERMS
The following Glossary of Terms provides definitions of terms and phrases used in the Objective Design Standards. For other definitions, please refer to Chapter 8.08 (Definitions) of the Dublin Municipal Code.
Brackets. A projection from a vertical surface providing structural or visual support under cornices, balconies, windows, or any other overhanging member.
Carport. A structure, or portion of a structure, accessible to vehicles, with a solid weatherproof roof that is permanently open on at least two sides, used as parking or storage of one or more motor vehicles.
Common Usable Outdoor Space. Exterior space area that is readily accessible for use by the residents and users within the development.
Designed and reserved for outdoor living and social gathering, active and passive recreation, and pedestrian access and amenities.
Contemporary Architectural Style. A building designed utilizing modern and post-modern character and materials, such as minimal and non-traditional adornments, simple geometric massing, and flat roofs.
Controlled Entrances. Vehicular access to a residential development or property that is obstructed by a gate which residents or visitors can open from their car or home.
Cornice. The uppermost division of an entablature; a projecting shelf along the top of a wall supported by a series of brackets; the exterior trim at the meeting of a roof and wall, consisting of soffit, fascia, and crown molding.
Façade. The exterior face or elevation of the building, extending from grade to the eaves or the top of the parapet wall and the entire width of the building elevation.
Fenestration. The arrangement, proportioning, and design of windows, doors, and other exterior openings in a building.
Frontage Court. An open courtyard area in front of a building’s entrance(s).
Gable Roof. A roof having a gable at one or both ends; a roof sloping downward in two opposite directions from a central ridge, so as to form a gable at each end.
Hipped Roof. A roof which slopes upward from all four sides of a building, requiring a hip rafter at each corner.
Juliet Balcony. An ornamental railing applied at a full-length window, projecting slightly beyond the plane of the window, threshold or sill, having the appearance of a balcony.
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A-2
Publicly Visible. Capable of being seen by a person of average height and visual acuity while walking or driving on a street.
Shutter. Hinged panels, sometimes louvered, fixed on the outside a window that can be closed for security or privacy or to keep out light.
Side Street. A minor or subsidiary street that may intersects with or adjoin a Primary Street.
Traditional or Universally Recognized Architectural Style. There is no predominate residential architectural style in Dublin. Traditional or universally recognized residential architectural styles include, but are not limited to Contemporary, Craftsman, European Cottage, Mediterranean, Monterey, Spanish Eclectic, and Tuscan. Refer to the Dublin Crossing Specific Plan for additional information on details and styles.
Lounging Furniture. A cohesive set of outdoor furnishings to comfortably accommodate at least four people, such as exterior couches and/or chairs.
Luminaire. A complete lighting system, including a lamp or lamps and a fixture.
Mansard Roof. A roof with a steep lower slope and a flatter upper slope on all sides, either of convex or concave shape.
Net Site Area. Total area within the property lines of a project that is available for development, excluding all non-buildable areas such as the public right-of-way, creek setbacks, and easements which may be included within the parcel.
Parapet. A low protective wall or railing along the edge of a roof, balcony, or similar structure; in an exterior wall, the part entirely above the roof.
Pilaster. A partial pier or column, often with a base, shaft, and capital that is embedded in a flat wall and projects slightly; may be constructed as a projection of the wall itself.
Primary Street. A public or private street that provides access to the major entry of a project or structure.
Private Outdoor Space. Consist of balconies, decks, patios, fenced yards, and other similar areas located immediately adjacent to a residence and only available for use by the individuals residing in the residence.
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This project was funded by a HCD SB 2 Planning Grant
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Attachment 3
STAFF REPORT
CITY COUNCIL
DATE: February 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Citywide Multi-Family Objective Design Standards, Zoning Ordinance Amendments, and Master Fee Schedule Amendments (PLPA-2022-00002) Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider approval of the Citywide Multi-Family (MF) Objective Design Standards (ODS) and companion amendments to Title 8 (Zoning) of the Dublin Municipal Code.
State law requires local jurisdictions to provide a streamlined ministerial approval process for eligible multi-family residential developments, subject to objective zoning and design review standards. The proposed MF ODS and Zoning Ordinance Amendments would ensure that objective zoning and design review standards are in place. The City Council will also consider adopting amendments to the Master Fee Schedule to establish a fee for Zoning Clearances for Housing Projects Eligible for Streamlined Approval.
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, waive the reading and INTRODUCE the Ordinance Approving the Citywide Multi-Family Objective Design Standards and Amendments to Dublin Municipal Code Chapter 8.36 (Development Regulations), Chapter 8.104 (Site Development Review), and Chapter
8.116 (Zoning Clearance), and adopt the Resolution Amending the Master Fee Schedule by Establishing an Application Fee, Based on Time and Materials, for Zoning Clearances for Housing Projects Eligible for Streamlined Approval Effective Citywide.
FINANCIAL IMPACT:
The costs associated with preparing the Citywide Multi-Family Objective Design Standards include staff and consultant time. The consultant costs are offset by a Senate Bill 2 grant. Additionally, the City Council will consider adopting changes to the Master Fee Schedule pertaining to Zoning Clearance for housing projects eligible for streamlined approval. The new application fee is proposed to be based on time and materials to ensure the City recovers the actual costs associated 434
with processing these applications.
DESCRIPTION:
Background
Senate Bill 35
Senate Bill 35 (SB 35) provides for a streamlined ministerial approval process for multi-family residential developments in cities and counties that have made insufficient progress toward meeting their assigned Regional Housing Needs Allocation (RHNA), subject to meeting certain eligibility criteria and objective zoning and design review standards. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing general plan or zoning provisions, and comply with other requirements such as location and demolition restrictions.
The legislation defines “objective standards” as standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion. For example, an objective standard for a building setback would provide a specific measurable distance that is required, whereas a subjective or discretionary guideline might use a term such as a “generous” setback is required.
The State Department of Housing and Community Development (HCD) is responsible for annually determining which cities and counties are subject to SB 35 and for publishing Streamlined Ministerial Approval Process Guidelines. The SB 35 streamlined ministerial process is in effect until January 1, 2026. It is unknown if the State legislature will extend or replace SB 35. In accordance with HCD’s most recent determination (last updated July 8, 2021), Dublin has made insufficient progress toward meeting the City’s lower-income RHNA (very-low- and low-income) and is, therefore, subject to the streamlined ministerial approval process for proposed developments with at least 50% affordability.
Proposed Project
In response to the legislation, Staff prepared Multi-Family Objective Design Standards (MF ODS) with assistance from RRM Design Group (the consultant), and prepared companion amendments to the Dublin Municipal Code. Without the MF ODS, the City would have little control over the design of future eligible housing projects where the developer has requested streamlined approval. The proposed project also includes amending the Master Fee Schedule to establish an application fee, based on time and materials, for a Zoning Clearance for Housing Projects Eligible for Streamlined Approval.
To prepare the Citywide MF ODS, Staff and the consultant completed the following steps:
Review Existing Policy Documents: Reviewed the City’s existing policy documents, including the Bicycle and Pedestrian Master Plan, Downtown Dublin Specific Plan, Dublin Crossing Specific Plan, Dublin Village Historic Area Specific Plan, Eastern Dublin Specific Plan, Scarlett Court Design Guidelines, SDR Guidelines, Streetscape Master Plan, and the Zoning Ordinance.
Driving Tour: Conducted a driving tour of multi-family residential developments in Dublin 435
to identify successful and unsuccessful elements of projects. Other Jurisdiction Analysis: Reviewed example MF ODS for other jurisdictions and identified topics and sample standards to be covered in the City’s MF ODS. Translated Subjective Language to Objective Design Standards: Translated existing subjective design guidelines into objective design standards. The new standards were drafted to reinforce the intent of the existing language. Review of Draft. Draft MF ODS were reviewed by the Building and Safety Division, and the Public Works Department.
Analysis
Citywide Multi-family Objective Design Standards
The purpose of the MF ODS is to ensure that new multi-family development in Dublin provides high quality architecture, appropriately connects to surroundings, includes well designed amenities and open spaces, promotes sustainability, and contributes to walkable and safe environments. The MF ODS are intended to guide property owners, applicants/developers, and design professionals, and provide clear design direction that enhances an area’s unique character and ensures a high-quality living environment that will be desirable and hold its value over time, while encouraging creative design that enriches the community of Dublin.
The MF ODS will be incorporated into the Zoning Ordinance and supplement existing development standards described in the DMC and Planned Development zoning districts, as well as in adopted specific plans. If there is any conflict between these standards and those in another adopted document, the more restrictive standard shall apply.
The Citywide MF ODS include four chapters: 1) Introduction; 2) Site Planning; 3) Building Design; and 4) Glossary of Terms. The Site Planning objective design standards cover building placement, vehicular surface parking and access, bicycle parking, pedestrian circulation and access, private outdoor space, and common usable outdoor space. The Building Design objective design standards cover building form and massing, façade articulation, roof forms, building and unit entries, fenestration, parking structures, building materials, colors, and lighting, and ancillary structures, equipment, and utilities.
Zoning Ordinance Amendments
In addition to the MF ODS, Staff prepared companion amendments to the Dublin Municipal Code (DMC) including, Section 8.36.020 (Agricultural and Residential Development Regulations), Section 8.104.020 (Exemptions from SDR), Section 8.116.020 (Applications Requiring a Zoning Clearance), Section 8.116.030 (Application), Section 8.116.040 (Approval), and Section 8.116.050 (Expiration of Zoning Clearance). The proposed amendments include the following:
Specify that all new multi-family residential development shall comply with the Citywide MF ODS;
Specify that housing projects eligible for streamlined approval are exempt from an SDR Permit in accordance with State law provided that a Zoning Clearance is approved; Establish a required finding that a proposal for a new multi-family residential development complies with the Citywide MF ODS; alternatively, if the proposal deviates from one or 436
more objective design standards, then the proposal meets the purpose and intent of the applicable standard(s); and
Add housing projects eligible for streamline approval to the Zoning Clearance Chapter of the Zoning Ordinance.
Applicability
The Citywide MF ODS would apply to all new multi-family developments within Dublin. Projects that qualify for the SB 35 streamlined ministerial approval process would be required to comply with all of the ODS. All other projects would be subject to the MF ODS but through the City’s discretionary SDR Permit process could be allowed to deviate from the MF ODS when the purpose and intent of the standard is met through alternate means. Allowing flexibility through a discretionary SDR Permit shall not be construed as applying the lowest common denominator that dilutes the quality and character of a project.
The Zoning Ordinance will continue to regulate development standards (such as building height, setbacks, and lot coverage), while the new objective design standards will regulate design criteria (such as site layout, building orientation, pedestrian connections, and building design) to ensure that new multi-family housing maintains a design quality reflective of the community.
Fee Amendments
The California Constitution authorizes local governments to recover the reasonable costs of providing services. Housing projects eligible for a streamlined approval process would be subject to a Zoning Clearance to review the proposal for consistency with the Citywide MF ODS and all other applicable objective standards within the Zoning Ordinance. The actual cost for Planning Staff to review a “Zoning Clearance for Housing Projects Eligible for Streamlined Approval” application would vary significantly depending on the scope of work. Therefore, Staff recommends establishing an application fee based on actual time and materials to recover the City’s full costs.
Staff prepared a draft Ordinance approving the Citywide Multi-Family Objective Design Standards and approving amendments to the Dublin Municipal Code (Attachments 1 and 2). Refer to Attachment 3 for a redlined version of proposed zoning text changes where underlined text is proposed to be added. In addition, a draft Resolution amending the Master Fee Schedule to establish an application fee for a Zoning Clearance for Housing Projects Eligible for Streamlined Approval is included as Attachment 4.
Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed Citywide MF ODS and Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable specific plans in that the amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. Amendments to the Zoning Ordinance are proposed to ensure consistency with State law and implementation of the MF ODS.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for 437
environmental impacts and that environmental documents be prepared. The proposed Citywide Multi-Family Objective Design Standards and Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review.
PLANNING COMMISSION REVIEW:
On June 8, 2021, the Planning Commission received a presentation and provided feedback on the City’s MF ODS. On January 25, 2022, the Planning Commission unanimously adopted Resolution No. 22-01 (Attachment 5), recommending City Council approval of the Citywide MF ODS and related Zoning Ordinance Amendments.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times on February 5, 2022, and February 10, 2022, and posted at several locations throughout the City. Additionally, the City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving the Citywide Multi-Family Objective Design Standards and Related Zoning Ordinance Amendments
2) Exhibit A to Attachment 1 – Citywide Multi-Family Objective Design Standards 3) Redlines of Proposed Zoning Ordinance Amendments
4) Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearance for Housing Projects Eligible for Streamlined Approval
5) Planning Commission Resolution No. 22-01 (without exhibits) 438
STAFF REPORT
CITY COUNCIL
Agenda Item 7.1
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Status of Community Default to East Bay Community Energy Renewable 100 Power
Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY:
The City Council will receive a report on the status of the default of residential accounts to Renewable 100 electricity through the City’s electricity provider, East Bay Community Energy, and will consider the default electricity power portfolio for non-residential accounts.
STAFF RECOMMENDATION:
Receive the report and provide direction on the East Bay Community Energy default electricity power portfolio for non-residential accounts.
FINANCIAL IMPACT:
There is no impact to the General Fund but a discussion regarding the potential cost impacts of the Renewable 100 electricity power portfolio for non-residential accounts is included below.
Municipal electricity accounts are currently supplied with the Renewable 100 power portfolio.
DESCRIPTION:
Background
At its January 12, 2021 meeting, the City Council adopted Resolution 04-21 (Attachment 1) requesting East Bay Community Energy (EBCE) enroll City of Dublin residential accounts in Renewable 100 as the default product. Renewable 100 is 100% greenhouse gas (GHG) emissionfree and 100% renewable power (California-based wind and solar). The action was taken in support of the City’s Climate Action Plan 2030 and Beyond (CAP 2030) which was approved by the Council via Resolution 100-20 (Attachment 2) on September 15, 2020.
CAP 2030 includes 22 measures that have the potential to achieve GHG emissions reductions of approximately 48,000 metric tons carbon dioxide equivalent by 2025. Approximately 28% of those GHG emissions reductions are expected to be achieved through the default enrollment of 439
residential accounts into Renewable 100 beginning in January 2022. An additional 25% GHG emissions reductions can be achieved by transitioning non-residential accounts (e.g., commercial and industrial accounts) to Renewable 100. CAP 2030 Measure CF-1, Opt Up to 100% Renewable and Carbon-Free Electricity, planned for enrollment of all community-wide accounts into a GHGfree electric power portfolio, but due to the rapidly evolving Covid-19 pandemic and economic uncertainty in January 2021, it was decided to postpone consideration of transitioning nonresidential accounts to Renewable 100 to a later date since those accounts typically use more electricity than residential accounts.
Residential Account Transition
EBCE anticipated that the enrollment of residential accounts into Renewable 100 would occur in October 2021, however the transition was delayed until January 2022 to align with similar default transitions occurring in the cities of Pleasanton, Hayward, and Albany. These three cities requested that all accounts, including non-residential accounts, be defaulted to Renewable 100.
To help EBCE staff manage the activities required to transition the four cities, all the transitions were scheduled for January 2022.
Individual account transitions do not occur all at once. The exact date of an account transitioning to Renewable 100 is based on the individual Pacific Gas & Electric (PG&E) meter read date, which varies from customer to customer. Residents enrolled in California Alternate Rates for Energy (CARE) and Family Electric Rate Assistance (FERA) programs, as well as Medical Baseline accounts will remain on EBCE’s Bright Choice power portfolio which is offered at a 1% discount compared to PG&E’s standard rates and provides approximately 5% more renewable energy than PG&E’s standard service. All customers retain the option to choose Bright Choice at any time. The discounted Bright Choice rates will be reflected on a customer’s PG&E bill in one or two billing cycles, depending on the timing of the customer request in relation to the meter read date.
Residential Outreach
Outreach to residents about the transition to Renewable 100 is occurring via several methods, as shown in Table 1 below. Residents have been provided information regarding why the transition is occurring, what their choices are, and how they can take action if they desire to remain on Bright Choice or opt out to PG&E. Samples of the outreach material are provided in Attachment 3. 440
Table 1. Renewable 100 Residential Outreach
Communication Method
Message Provided
By Date Provided
Press Release EBCE 11/22/2021
Direct mail notification, by letter (Notice 1) EBCE Beginning 11/30/2021 (sent to
customers based on
their meter read
dates)
Backyard Brief Newsletter City 12/1/2021
Print and digital ads in The Independent EBCE 8 weeks in December 2021 and January
2022
Tabling at the Holiday Tree Lighting Ceremony City and EBCE 12/2/2021 Tabling at Breakfast with Santa City and EBCE 12/4/2021 Email to customers with email addresses on file with
PG&E (Notice 1)
EBCE 12/7/2021 and
12/8/2021
Webinars EBCE Various dates
beginning 12/8/2021
City of Dublin News Flash City 12/8/2021 (City list)
12/13/2021
(Environmental list)
Social media posts (Twitter and Facebook) – retweet of
11/22/2021 press release
City 12/2/2021 and
12/8/2021
Direct mail notification by postcard (Notice 2) EBCE Beginning 1/2/2022 (sent to customers
based on their meter
read dates)
Email to customers with email addresses on file with
PG&E (Notice 2)
EBCE 1/11/2022
Direct mail notification City February 2022
City Report City February 2022
Web page updates City and EBCE On-going
Consideration of Non-Residential Accounts Transition to Renewable 100 To reach the CAP 2030 goals, community-wide participation in and engagement with many of the 22 measures is required. This includes setting the default for non-residential electricity accounts from EBCE’s discount power product, Bright Choice, to Renewable 100. Non-residential accounts consume approximately 46.4% of the total electricity used in Dublin, which equates to about 11,844 metric tons carbon dioxide equivalent. This is a little more than a third of the remaining GHG emissions reductions that can be achieved by 2025 with the measures in CAP 2030.
Table 2 below shows average monthly electricity usage and associated billing for the different rate categories in Dublin. With the exception of A10 and E20P, these are estimates using summary rates, based on annual kilowatt hours (kWh) electricity usage, and averaged using the March 2021 441
Joint Rate Comparison blended rates, which are available from EBCE at https://ebce.org/rates/.
The numbers for A10 and E20P rate categories are based upon EBCE territory-wide averages for each of these two rate categories instead of Dublin-specific usage. This is necessary because Senate Bill 1476, Public Utilities, Customer Privacy, Advanced Metering Infrastructure, requires aggregated data from a minimum of 15 customers to ensure customer data privacy.
Table 2. Average Monthly Electricity Usage for Non-Residential Accounts in Dublin Summary
Rate & Rate
Category Accounts
Avg.
Monthly
Usage
(kWh)
Monthly
Bright
Choice Avg.
Monthly
Renewable
100 Avg.
Monthly
Bright
Choice
Avg.
Discount
Monthly
Renewable
100 Avg.
Premium Increase
A1- Small/
Medium
Commercial 193 346.5 $91.38 $95.22 $0.38 $3.47 3.8%
A1 TOU* -
Small/
Medium
Commercial 1,630 1,463.5 $395.40 $411.65 $1.60 $14.65 3.7% A10 - Small/
Medium
Commercial** 1 11,747 $2,819.72 $2,950.85 $13.86 $117.47 4.2% A10 TOU –
Small/
Medium
Commercial 211 15,548.6 $3,641.02 $3,814.70 $18.35 $155.33 4.3% E19 – Large
Commercial 121 31,561.3 $6,215.38 $6,564.76 $33.77 $315.61 5.1% E20P -Large
Commercial** 1 754,170 $131,029.50 $139,310.28 $739.09 $7,541.69 5.8% * TOU means time-of-use. TOU rates change based on the time of day, with higher rates during peak electricity use times, typically 4 pm to 9 pm.
** A10 and E20P rates based upon territory-wide averages, not actual Dublin accounts The rate categories shown above roughly correspond with the size of electricity load consumed by the customer. Rate A1 is for a typical small business such as a small office or small food establishment. The next rate category, A10, is for operations that involve higher load activities such as power tools or refrigeration, such as a small market or grocery store. Rate categories E19 and E20 involve the largest commercial or industrial scale enterprises, such as those with heavy machinery or giant conditioned spaces that require a lot of onsite energy use. A large grocery store could be in the E19 rate category.
PG&E’s Annual Rate Setting
A factor that will impact electricity rates of all customers in PG&E’s territory was approved in December 2021 by the California Public Utilities Commission (CPUC) as part of PG&E’s annual rate review and true-up. To generate revenue needed to complete maintenance and repairs to the electric grid and to prevent equipment failures that spark wildfires, the CPUC approved a 10% 442
rate increase for the transmission and distribution of electricity. The transmission and distribution fee, which on the PG&E bill is referenced as the PG&E electric delivery charge, is determined based on the amount of electricity consumed, the rate category, and the time of day it is consumed. The fee is lower during off-peak hours and highest in peak hours (4 pm to 9 pm).
The 10% rate increase went into effect on January 1.
Status of Default Enrollments
EBCE has been tracking enrollment status in Dublin, Albany, Hayward, and Pleasanton to determine how the new community default enrollments are impacting customer decisions to opt down to Bright Choice or opt out to PG&E. Tables 3 and 4 below show residential account enrollment status and non-residential account enrollment status, respectively. As can be seen in the tables, most of the enrollment actions taken since November 2021, when outreach concerning the default enrollments began, have been taken by residential customers. As of January 4, 2022,
3.47% of residential customers in Dublin acted to either stay on EBCE’s Bright Choice power or opt out to PG&E. This is a relatively low rate of enrollment actions compared to Albany, Hayward, and Pleasanton (12.42%, 11.86%, and 5.39%, respectively). The non-residential enrollment actions in those cities have been minor compared to the residential actions. In all three cities, fewer than 2% of non-residential customers made enrollment actions to either opt out of the default enrollment to Renewable 100 or opt down to Bright Choice. Non-residential accounts in Dublin are currently in Bright Choice. Noticing to date has been targeted to residential accounts about the default enrollment to Renewable 100, however non-residential accounts may have taken action in response to the outreach. This may explain the non-residential enrollment action since November 2021 in Dublin.
Table 3. EBCE Residential Account Enrollment Status
As of January 4, 2022 Change from November 2021
Total Eligible
Total % Move to/Stay on
Bright Choice % Opt Out
% Move to/Stay
on Bright Choice
Dublin 25,126 3.20% 0.27% 3.20%
Albany 6,674 13.35% 0.21% 12.21%
Hayward 50,425 12.51% 0.19% 11.67%
Pleasanton 28,105 5.46% 0.66% 4.73%
All EBCE 608,087 1.72% 0.10% 1.58%
Table 4. EBCE Non-Residential Account Enrollment Status As of January 4, 2022 Change from November 2021
Total Eligible
Total % Move
to/Stay on Bright
Choice % Opt Out
% Move to/Stay on
Bright Choice
Dublin 2,377 0.34% 0.05% 0.34%
Albany 668 2.25% -0.03% 1.34%
Hayward 7,376 1.99% 0.10% 1.01%
Pleasanton 3,980 2.56% 0.19% 1.76%
All EBCE 65,985 4.11% 0.04% 3.93%
443
Conclusion and Next Steps
Dublin made great strides to meet the goals established in CAP 2030 to reduce GHG emissions by 40% below 1990 levels by 2030 and achieve carbon neutrality by 2045 when the City Council requested that the EBCE Board default residential accounts to Renewable 100. The City can make additional gains towards achieving the goals by requesting the EBCE Board do the same with nonresidential accounts. As with the residential consumers, commercial and industrial users would retain the option to remain on Bright Choice or opt out to PG&E.
With City Council direction to default non-residential accounts to Renewable 100, Staff would bring a resolution back to the City Council for adoption at the next meeting. This would allow EBCE time to align Dublin’s transition with those occurring in Berkeley and San Leandro in October 2022. Staff would partner with EBCE to conduct a robust outreach effort to commercial and industrial customers about the default to Renewable 100.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution 04-21 Requesting East Bay Community Energy (EBCE) Enroll City of Dublin Residential Accounts in Renewable 100 as the Default Electricity Product 2) Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond 3) Samples of Renewable 100 Residential Outreach
444
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445
446
Reso No. 100-20, Item 6.1, Adopted 09/15/2020 Page 1 of 2 RESOLUTION NO. 100 - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND WHEREAS, on November 16, 2010 the City Council adopted Resolution 167-10 approving the City of Dublin Climate Action Plan establishing greenhouse gas (GHG) reduction goals for 2020; and
WHEREAS, under the California Environmental Quality Act (CEQA) a city may prepare a qualified GHG Reduction Strategy or Climate Action Plan to evaluate a community’s cumulative impact due to GHG emissions from future planned development; and WHEREAS, if a project is consistent with an adopted, qualified GHG Reduction Strategy or Climate Action Plan, the Strategy/Plan can be used as a basis for determining that the project would have a less than significant impact on a community’s cumulative GHG emissions under CEQA; and
WHEREAS, on October 15, 2013 the City Council adopted Resolution 177-13 approving the City of Dublin Climate Action Plan Update to use as a basis for determining that a future project that was consistent with the adopted Climate Action Plan Update would have a less than significant impact on Dublin’s cumulative GHG emissions under CEQA through 2020; and WHEREAS, the City of Dublin is on track to meet the 2020 GHG reduction goals established by the Plans; and
WHEREAS, in 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State’s commitment to GHG emissions reductions by tightening the target to 40% below 1990 levels by 2030; and
WHEREAS, in 2018, Governor Brown adopted Executive Order (EO) B-55-18 setting a Statewide goal of reaching carbon neutrality by no later than 2045; and WHEREAS, on December 17, 2019, the City Council provided consensus to align the City’s future Climate Action Plan with both SB 32 and EO B-55-18 goals and consensus to proceed with the draft strategies and measures to achieve those goals; and WHEREAS, the Climate Action Plan 2030 and Beyond establishes the following targets:
1. Reduce GHG emissions to 40% below 1990 levels by 2030
2. Reach carbon neutrality by 2045; and
WHEREAS, the Climate Action Plan 2030 and Beyond contains 22 measures grouped into the five strategies listed below to reduce GHG emissions by roughly 73,000 metric tons carbon dioxide equivalent by 2030:
1. 100% Renewable and Carbon-Free Electricity
2. Building Efficiency and Electrification
3. Sustainable Mobility and Land Use
Attachment 2
447
Reso No. 100-20, Item 6.1, Adopted 09/15/2020 Page 2 of 2
4. Material and Waste Management
5. Municipal Leadership; and
WHEREAS, the implementation of the Climate Action Plan 2030 and Beyond will result in co-benefits in the following areas: economic growth, reduced traffic congestion, improved public health, healthier ecosystems, robust landscapes, carbon sequestration, enhanced resilience, equity and inclusion, community leadership and partnerships, and cutting-edge technologies; and WHEREAS, the City Council held a properly noticed public hearing on the Climate Action Plan 2030 and Beyond and related Negative Declaration on September 15, 2020; and WHEREAS, the City Council did review and consider the Negative Declaration and the Climate Action Plan 2030 and Beyond and all said reports, recommendations, and testimony herein and set forth prior to making its decision on the Climate Action Plan 2030 and Beyond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and adopt the Climate Action Plan 2030 and Beyond attached hereto as Exhibit A to the Resolution and authorizes Staff to make any non-substantive grammatical or editing changes in the final document.
PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
448
Recipient Name Here
123 Local Address Ln
City, ST 12345
Electricity Accounts Will Transition to 100% Renewable Energy in January 2022.
To help achieve its Climate Action Plan goals, the City of Dublin receives its electricity from East Bay Community Energy (EBCE), a local energy provider supplying greener electricity to the East Bay community. In 2022, Dublin residents will default to 100% renewable energy available through EBCE.
In January 2021, the Dublin City Council voted to set the default electricity option for Dublin residents to EBCE’s Renewable 100 service starting in January 2022. Renewable 100 service is sourced from California wind and solar facilities including EBCE’s new 57.5 megawatt wind farm in Livermore, and costs an additional 1 cent per kilowatt-hour above PG&E rates—that’s about $5 more per month for a typical home.
EBCE also offers their Bright Choice service, which is priced 1% below PG&E rates and contains approximately 5% more renewable energy than PG&E.
Customers who prefer to power their home with Bright Choice are welcome to do so by visiting ebce.org/Dublin and clicking on “Remain on Bright Choice,” or by calling 1-833-699-EBCE (3223) during business hours (9AM–5PM on weekdays). Take action by December 22 if you prefer to avoid automatic enrollment in Renewable 100. Customers who participate in CARE, FERA, and Medical Baseline programs will remain on Bright Choice service automatically, but can still choose Renewable 100. Customers can change their EBCE service or return to PG&E service anytime.
EBCE will be hosting a series of webinars to review the basics about their service, and to answer any questions. Details are available at ebce.org/Dublin.
The East Bay’s Public
Power Agency
Contact us
1-833-699-EBCE (3223)
[email protected]
Visit and follow us
ebce.org
@PoweredbyEBCE
Attachment 3
449
Las cuentas de electricidad pasarán a energía 100 % renovable en enero de 2022.
Para ayudar a cumplir sus objetivos del Plan de Acción Climática (Climate Action Plan), la ciudad de Dublin recibe su electricidad de East Bay Community Energy (EBCE), un proveedor de energía local que provee electricidad menos contaminante a la comunidad de East Bay. En 2022, los residentes de Dublin pasarán de forma predeterminada a energía 100 % renovable disponible mediante EBCE.
En enero de 2021, el ayuntamiento de Albany votó fijar como opción predeterminada de electricidad para los residentes de Dublin al servicio Renewable 100 de EBCE a partir de enero de 2022. El servicio Renewable 100, que viene de instalaciones de energía eólica y solar de California, incluido el nuevo parque eólico de 57.5 megavatios de EBCE en Livermore y cuesta 1 centavo más por kilovatio hora por encima de las tasas de PG&E— alrededor de $5 más por mes para un hogar típico.
EBCE también ofrece su servicio de Bright Choice, que cuesta 1 % menos que las tarifas de PG&E y contiene aproximadamente 5 % más de energía renovable que PG&E. Los clientes que prefieran tener energía en sus hogares o comercios con Bright Choice pueden hacerlo visitando ebce.org/Dublin y haciendo clic en “Seguir en Bright Choice” (“Remain on Bright Choice”) o llamando al 1-833-699-EBCE (3223) durante el horario de atención (de 9 a. m. a 5 p. m. en días de semana).
Actúe antes del 22 de diciembre si prefiere evitar la inscripción automática en Renewable 100. Los clientes que participen en programas de Tarifas Alternativas de Energía en California (California Alternate Rates for Energy, CARE), el Programa Familiar de Reducción de las Tarifas de Energía (Family Electric Rate Assistance, FERA) y Medical Baseline seguirán automáticamente en el servicio de Bright Choice, pero aun así pueden elegir Renewable 100. Los clientes pueden cambiar su servicio de EBCE o volver al de PG&E en cualquier momento.
EBCE organizará una serie de webinarios para revisar los aspectos básicos de su servicio y responder preguntas. La información está disponible en ebce.org/Dublin.
Agencia de energía
pública del Área
este de la Bahía de
San Francisco
Contáctenos
[email protected]
1-833-699-EBCE (3223)
Visítenos y síganos
ebce.org
@PoweredbyEBCE
450
电力账户将于 2022 年 1 月转移至 100% 可再生能源计划。
为实现气候行动计划目标，都柏林市通过东湾社区能源 (EBCE) 获取电
力，EBCE 是为东湾社区提供绿色电力的当地能源供应商。到 2022 年，
都柏林居民将默认使用 EBCE 提供的 100% 可再生能源。
2021 年 6 月，都柏林市议会投票决定，将都柏林居民的默认电
力选项设置为从 2022 年 1 月开始使用 EBCE 的 Renewable 100 服
务。Renewable 100 服务来自加利福尼亚的风能和太阳能设施，其中包括
EBCE 在利弗莫尔新建的 57.5 兆瓦风电场，每千瓦时的费用相比 PG&E
费率高出 1 美分，以典型家庭为例，每月大约多出 5 美元电费。
同时，EBCE 还提供 Bright Choice 服务，相比 PG&E，该计划服务价格费
率降低 1%，并且包含的可再生能源大约增加了 5%。若客户想要选择
Bright Choice 为家庭供电，欢迎访问 ebce.org/Dublin 并单击“继续使用
Bright Choice”，或在工作时间致电 1-833-699-EBCE (3223)（工作日上午
9 点至下午 5 点）进行购买。若您不希望自动加入 Renewable 100 计划，
请在 12 月 22 日之前更改服务。参加加州能源优惠计划 (CARE)、家庭电
费补助计划 (FERA) 和/或医疗用电补助配给计划 (Medical Baseline) 的客户
将继续使用 Bright Choice 服务，但也可以选择 Renewable 100 计划服务。
客户可以随时更改自己的 EBCE 服务或返回 PG&E 服务。
EBCE 将举办一系列网络研讨会，回顾其服务项目的相关基础知识，并回
答所有问题。有关详细信息，请访问 ebce.org/Dublin。
东湾公共电力机构
联系我们
[email protected]
1-833-699-EBCE (3223)
访问并关注我们
ebce.org
@PoweredbyEBCE
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Status of Community Default
to East Bay Community Energy
Renewable 100 Power
March 1, 2022
457
Outline
• Background
• Status of Residential Account Transition
• Consideration of Non-Residential Account
Transition
• Conclusions and Next Steps
458
Background
• Climate Action Plan 2030 and
Beyond adopted in September
2020.
• Measure CF-1 has greenhouse
gas (GHG) emissions reduction
potential equal to 53% of total
CAP 2030 reductions.
• January 12, 2021 Resolution 04-
21 adopted requesting
residential enrollment in
Renewable 100.
459
Residential Account Transition
• Residential accounts began transitioning in
January 2022 with the exception of:
– California Alternate Rates for Energy (CARE)
– Family Electric Rate Assistance (FERA)
– Medical Baseline Accounts
• All accounts in Pleasanton, Hayward, and
Albany transitioned at the same time.
460
Residential Account Transition
• Outreach began with a
press release issued by
EBCE in November
2021.
• Direct mail, social media,
print and digital ads,
webinars, web pages, City
Report, and tabling.
461
Residential Account Transition
462
Consideration of Non-Residential
Account Transition
• Non-residential accounts consume
approximately 46.4% of total electricity used in
Dublin.
• This is slightly more than 1/3 of the GHG
emissions reductions remaining in total in CAP
2030.
463
Consideration of Non-Residential
Account Transition
464
Consideration of Non-Residential
Account Transition
465
Conclusion and Next Steps
• With the default of residential accounts to
Renewable 100, Dublin has made great strides to
meet CAP 2030 goals:
– Reduce GHG emissions by 40% below 1990 levels by
2030
– Achieve carbon neutrality by 2045
• If City Council desires to consider transitioning
non-residential accounts to Renewable 100, Staff
will bring the item for adoption at an upcoming
City Council meeting.
466
Staff Recommendation
• Receive the report and provide direction on the
East Bay Community Energy default electricity
power portfolio for non-residential accounts.
467
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code Actions Prepared by: Marsha Moore, MMC, City Clerk and Jordyn Bishop, Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council will accept the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 regarding the East Ranch Project and will consider either repealing Ordinance No. 11-21 or submitting Ordinance No. 11-21 to the qualified voters of the City of Dublin.
STAFF RECOMMENDATION:
Accept the City Clerk’s Certificate of Petition (Attachment 1) certifying the sufficiency of the referendum petition against Ordinance No. 11-21, and take one of the following actions as required by the Elections Code:
1) INTRODUCE by title and waive the first reading of an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project (Attachment 2); or
2) Pass a motion providing Staff direction to return with a resolution calling and giving notice of a special election [on a specific date] or as part of the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City.
FINANCIAL IMPACT:
The estimated cost range for an all vote-by-mail special election would be $309,501-$378,279 and the estimated cost range of a special election with voting locations would be $653,391-$722,169.
If the City Council decides to call a special election in Fiscal Year 21-22, Staff will bring a budget change back with the resolution calling the election. If a special election is called in Fiscal Year 22- 468
23, appropriate funds will be added to the budget being prepared for City Council approval in June 2022.
The November 8, 2022 general municipal election will be consolidated with the Alameda County election, and Staff has already budgeted for that election. Placing the Ordinance on this ballot would incur additional costs related to printing, typesetting, and translating the measure.
DESCRIPTION:
On December 7, 2021, the City Council introduced Ordinance No. 11-21 titled, “Amending the Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028.” Ordinance No. 11-21 was adopted by the City Council on December 21, 2021.
On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905- 0002-002-00)” (the “Referendum”) was sent to the City Clerk by the proponent. On December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the Referendum’s proponent for circulation.
Pursuant to Elections Code Section 9238, subd. (b)(2)(B)(vi), the proponent had 30 days from receipt of the City Attorney’s approved summary to submit the petition. The Referendum petition against Ordinance No. 11-21 was submitted to the City Clerk on January 27, 2022, within the 30- day period specified by the Elections Code. To qualify, a referendum petition must contain signatures of at least 10% of registered Dublin voters based on the last official Report of Registration to the Secretary of State. The Report of Registration at the time of filing the petition identified 34,389 registered voters, establishing the 10% threshold at 3,439.
The Referendum petition was determined to be sufficient for filing, following the City Clerk’s prima facie review. The prima facie process reviews the format of all pages and sections of the petition for substantial compliance with Elections Code, and examines the information provided by all signers of the petition for completeness. The City Clerk’s technical review determined the Referendum petition appeared, on its face, to comply with all formal requirements. The City Clerk then completed a prima facie review of signatures and identified 5,202 unverified signatures, meeting the required number of signatures to qualify the petition for further examination.
On January 27, 2022, the Referendum petition was delivered to the Alameda County Registrar of Voters for signature examination using the voter registration records to verify the number of valid signatures of Dublin voters. The signature examination was required to be certified by the Registrar within 30 working days from the date the petition was filed with the elections official or by March 11, 2022.
469
The Registrar of Voters determines the number of unverified legible signatures (in contrast to the City Clerk’s prima facie review which includes both legible and illegible signatures). Performing a full check of signatures affixed to the petition as provided by Elections Code Section 9115, the Registrar of Voters determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. On February 22, 2022, the Registrar submitted to the City Clerk a certificate of sufficiency of the petition dated February 17, 2022 (Attachment 3).
Analysis
Following certification of the Referendum petition, the Elections Code requires that the City Council either repeal Ordinance No. 11-21 in its entirety, or submit Ordinance No. 11-21 to the voters for approval.
Option to Repeal Ordinance 11-21
The first option is to repeal the entire ordinance against which the Referendum petition was filed.
If the City Council decides to repeal Ordinance No. 11-21, Staff has prepared an ordinance repealing Ordinance No. 11-21 in its entirety (Attachment 2). If the City Council decides to pursue this option, they could take action at the March 1, 2022 meeting to introduce by title and waive the first reading of an ordinance repealing Ordinance No. 11-21. If the motion passes, Staff would return at the next regular City Council meeting on March 15, 2022 to recommend waiving the second reading and adopting an ordinance repealing Ordinance No. 11-21. If adopted, the ordinance would repeal Ordinance No. 11-21 30 days after adoption. Ordinance No. 11-21 would remain suspended until then.
Should the City Council choose to proceed with repeal of Ordinance 11-21, it shall not be enacted again by the legislative body for a period of one year after the date of adoption of the ordinance repealing Ordinance No. 11-21.
Option to Call an Election to Vote on Ordinance 11-21
The other option is for the City Council to call an election for the purpose of submitting Ordinance No. 11-21 to voters of the City. The election must be held not less than 88 days from the date the election is called and can be no later than the next regular municipal election. If the City Council decides to pursue this option, the City Council should provide direction to Staff to return with a resolution calling and giving notice of a special election [on a specific date] or the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City. If the City Council directs Staff to return with a resolution for the purpose of calling an election at the next regular City Council meeting on March 15, 2022, this would require the election to be held between June 11, 2022 and November 8, 2022. The 88th day and last day to call a special election for consolidation with the June 7, 2022 primary election is March 11, 2022.
While the City Council may call a special election date other than an established election date, Staff recommends utilizing an established date to ensure the greater likelihood of sharing elections costs with other jurisdictions. Below are the estimated costs for a Standalone Special Election. 470
Type of Standalone Special Election Estimated cost (Based on 34,389 registered voters)
Standalone Special Election $19-$21 per voter or $653,391-$722,169 Standalone Vote by Mail Election $9-$11 per voter or $309,501-$378,279 If an election is called, Ordinance No. 11-21 would remain suspended and would not become effective until a majority of the voters voting on the ordinance vote in favor of it. If a majority of the voters do not vote in favor of it, the ordinance shall not go into effect, and shall not be again enacted by the legislative body for a period of one year from the date of disapproval by the voters.
This one-year period would begin upon certification of the results of the election, the canvass for which is required to be completed by the fourth Friday following the election date, and then results must be certified by the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and the referendum proponent was provided with a copy of this staff report.
ATTACHMENTS:
1) City Clerk Certificate of Sufficiency
2) Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project
3) Alameda County Registrar of Voters Certificate to Petition 471
Attachment 1
472
Attachment 2
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2
ORDINANCE NO. XX – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REPEALING ORDINANCE NO. 11 - 21 WHICH AMENDED THE ZONING MAP AND APPROVED A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2
DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028
(APNs 905-0002-001-01 and 905-0002-002-00)
WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00); and
WHEREAS, on December 23, 2021, a referendum proponent filed a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001- 01 and 905-0002-002-00)” (“Referendum”), with the City Clerk pursuant to Elections Code section 9238(b)(2)(B); and
WHEREAS, on December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the proponent for circulation; and
WHEREAS, on January 27, 2022, the Referendum petition was accepted for filing following the City Clerk’s prima facie review and determination that the number of signatures on the Referendum petition exceeded 3,439, the minimum number of signatures required; and WHEREAS, on January 27, 2022, the City Clerk submitted the Referendum petition to the Alameda County Registrar of Voters for examination and a determination, from the records of registration, as to whether or not the Referendum petition was signed by the requisite number of voters; and
WHEREAS, on February 22, 2022, the Alameda County Registrar of Voters submitted to the City Clerk a Certificate to Petition dated February 17, 2022 determining that the Referendum petition contains 4,635 valid signatures of qualified registered voters in the City of Dublin and that the Referendum petition is therefore sufficient; and WHEREAS, on March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition, certifying the results of the examination and sufficiency of the Referendum petition filed; and
WHEREAS, pursuant to Elections Code section 9241, the City Council is required to submit an ordinance to the voters if it does not entirely repeal the ordinance against which a sufficient referendum petition is filed.
473
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.
Section 2. Repeal. Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002- 002-00) is hereby repealed in its entirety.
Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
Section 5. 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 __th day of _______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
474
Attachment 3
475
March 1, 2022
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 March 1, 2022, Regular City Council meeting agenda packet.
Item 8.1
476
CITY MANAGER’S OFFICE
MEMORANDUM
DATE: February 28, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Item 8.1: Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code Actions The March 1, 2022, City Council Meeting includes an item to accept certification of petition for the Referendum against Ordinance No. 11-21 regarding the East Ranch Project. After the posting of the agenda and staff report, correspondence was received from Trumark and Staff has revised their recommendation.
Attached is an updated Staff Report with the following updated recommendation:
Accept the City Clerk’s Certificate of Petition (Attachment 1) certifying the sufficiency of the referendum petition against Ordinance No. 11-21, and INTRODUCE by title and waive the first reading of an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project (Attachment 2).
The correspondence received from Trumark has been attached to the staff report. 477
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code Actions
Prepared by: Marsha Moore, MMC, City Clerk and Jordyn Bishop, Assistant City Attorney
EXECUTIVE SUMMARY:
The City Council will accept the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 regarding the East Ranch Project and will consider either repealing Ordinance No. 11-21 or submitting Ordinance No. 11-21 to the qualified voters of the City of Dublin. Staff is recommending that the ordinance be repealed at the written request of the project applicant, Trumark Homes.
STAFF RECOMMENDATION:
Accept the City Clerk’s Certificate of Petition (Attachment 1) certifying the sufficiency of the referendum petition against Ordinance No. 11-21, and take one of the following actions as required by the Elections Code: INTRODUCE by title and waive the first reading of an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project (Attachment 2); or
2) Pass a motion providing Staff direction to return with a resolution calling and giving notice of a special election [on a specific date] or as part of the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City.
478
FINANCIAL IMPACT:
The estimated cost range for an all vote-by-mail special election would be $309,501-$378,279 and the estimated cost range of a special election with voting locations would be $653,391- $722,169. If the City Council decides to call a special election in Fiscal Year 21-22, Staff will bring a budget change back with the resolution calling the election. If a special election is called in Fiscal Year 22-23, appropriate funds will be added to the budget being prepared for City Council approval in June 2022.
The November 8, 2022 general municipal election will be consolidated with the Alameda County election, and Staff has already budgeted for that election. Placing the Ordinance on this ballot would incur additional costs related to printing, typesetting, and translating the measure.
DESCRIPTION:
On December 7, 2021, the City Council introduced Ordinance No. 11-21 titled, “Amending the Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028.” Ordinance No. 11-21 was adopted by the City Council on December 21, 2021.
On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00)” (the “Referendum”) was sent to the City Clerk by the proponent. On December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the Referendum’s proponent for circulation.
Pursuant to Elections Code Section 9238, subd. (b)(2)(B)(vi), the proponent had 30 days from receipt of the City Attorney’s approved summary to submit the petition. The Referendum petition against Ordinance No. 11-21 was submitted to the City Clerk on January 27, 2022, within the 30-day period specified by the Elections Code. To qualify, a referendum petition must contain signatures of at least 10% of registered Dublin voters based on the last official Report of Registration to the Secretary of State. The Report of Registration at the time of filing the petition identified 34,389 registered voters, establishing the 10% threshold at 3,439.
The Referendum petition was determined to be sufficient for filing, following the City Clerk’s prima facie review. The prima facie process reviews the format of all pages and 479
sections of the petition for substantial compliance with Elections Code, and examines the information provided by all signers of the petition for completeness. The City Clerk’s technical review determined the Referendum petition appeared, on its face, to comply with all formal requirements. The City Clerk then completed a prima facie review of signatures and identified 5,202 unverified signatures, meeting the required number of signatures to qualify the petition for further examination.
On January 27, 2022, the Referendum petition was delivered to the Alameda County Registrar of Voters for signature examination using the voter registration records to verify the number of valid signatures of Dublin voters. The signature examination was required to be certified by the Registrar within 30 working days from the date the petition was filed with the elections official or by March 11, 2022.
The Registrar of Voters determines the number of unverified legible signatures (in contrast to the City Clerk’s prima facie review which includes both legible and illegible signatures).
Performing a full check of signatures affixed to the petition as provided by Elections Code Section 9115, the Registrar of Voters determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. On February 22, 2022, the Registrar submitted to the City Clerk a certificate of sufficiency of the petition dated February 17, 2022 (Attachment 3).
On Monday, February 28, the applicant for the East Ranch Project, Trumark Homes, submitted a letter to the City Council (Attachment 4) in which it requested that the City Council repeal Ordinance No. 11-21.
Analysis
Following certification of the Referendum petition, the Elections Code requires that the City Council either repeal Ordinance No. 11-21 in its entirety, or submit Ordinance No. 11-21 to the voters for approval.
Option to Repeal Ordinance 11-21
The first option is to repeal the entire ordinance against which the Referendum petition was filed.
If the City Council decides to repeal Ordinance No. 11-21, Staff has prepared an ordinance repealing Ordinance No. 11-21 in its entirety (Attachment 2). If the City Council decides to pursue this option, they could take action at the March 1, 2022 meeting to introduce by title and waive the first reading of an ordinance repealing Ordinance No. 11-21. If the motion passes, Staff would return at the next regular City Council meeting on March 15, 2022 to 480
recommend waiving the second reading and adopting an ordinance repealing Ordinance No. 11-21. If adopted, the ordinance would repeal Ordinance No. 11-21 30 days after adoption.
Ordinance No. 11-21 would remain suspended until then.
Should the City Council choose to proceed with repeal of Ordinance 11-21, it shall not be enacted again by the legislative body for a period of one year after the date of adoption of the ordinance repealing Ordinance No. 11-21.
Option to Call an Election to Vote on Ordinance 11-21
The other option is for the City Council to call an election for the purpose of submitting Ordinance No. 11-21 to voters of the City. The election must be held not less than 88 days from the date the election is called and can be no later than the next regular municipal election. If the City Council decides to pursue this option, the City Council should provide direction to Staff to return with a resolution calling and giving notice of a special election [on a specific date] or the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City. If the City Council directs Staff to return with a resolution for the purpose of calling an election at the next regular City Council meeting on March 15, 2022, this would require the election to be held between June 11, 2022 and November 8, 2022. The 88th day and last day to call a special election for consolidation with the June 7, 2022 primary election is March 11, 2022.
While the City Council may call a special election date other than an established election date, Staff recommends utilizing an established date to ensure the greater likelihood of sharing elections costs with other jurisdictions. Below are the estimated costs for a Standalone Special Election.
Type of Standalone Special Election Estimated cost (Based on 34,389 registered voters)
Standalone Special Election $19-$21 per voter or $653,391-$722,169 Standalone Vote by Mail Election $9-$11 per voter or $309,501-$378,279 If an election is called, Ordinance No. 11-21 would remain suspended and would not become effective until a majority of the voters voting on the ordinance vote in favor of it. If a majority of the voters do not vote in favor of it, the ordinance shall not go into effect, and shall not be again enacted by the legislative body for a period of one year from the date of disapproval by the voters.
This one-year period would begin upon certification of the results of the election, the canvass for which is required to be completed by the fourth Friday following the election date, and 481
then results must be certified by the City Council.
Since the applicant has requested that Ordinance No. 11-21 be repealed, Staff is recommending that the City Council take such action. As was noted above, repealing Ordinance No. 11-21 will have the same result as if the City Council placed Ordinance No. 11- 21 on the ballot and the voters did not approve it. Repeal will avoid the cost and effort required to hold the election on the referendum. It should be noted, however, that the applicant’s letter indicates that it will be pursuing an alternative path for obtaining approval of its housing project on the site. The December 7, 2021 staff report on the project described the limits state law imposes on the City’s ability to disapprove housing projects that are consistent with applicable, objective standards. Staff believes that the applicant’s statement may be a reference to those provisions of state law.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and the referendum proponent was provided with a copy of this staff report.
ATTACHMENTS:
1) City Clerk Certificate of Sufficiency
2) Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project
3) Alameda County Registrar of Voters Certificate to Petition 4) February 28, 2022 letter from Trumark Homes
482
Attachment 1
461 483
Attachment 2
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2
ORDINANCE NO. XX – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REPEALING ORDINANCE NO. 11 - 21 WHICH AMENDED THE ZONING MAP AND APPROVED A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2
DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028
(APNs 905-0002-001-01 and 905-0002-002-00)
WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00); and
WHEREAS, on December 23, 2021, a referendum proponent filed a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001- 01 and 905-0002-002-00)” (“Referendum”), with the City Clerk pursuant to Elections Code section 9238(b)(2)(B); and
WHEREAS, on December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the proponent for circulation; and
WHEREAS, on January 27, 2022, the Referendum petition was accepted for filing following the City Clerk’s prima facie review and determination that the number of signatures on the Referendum petition exceeded 3,439, the minimum number of signatures required; and WHEREAS, on January 27, 2022, the City Clerk submitted the Referendum petition to the Alameda County Registrar of Voters for examination and a determination, from the records of registration, as to whether or not the Referendum petition was signed by the requisite number of voters; and
WHEREAS, on February 22, 2022, the Alameda County Registrar of Voters submitted to the City Clerk a Certificate to Petition dated February 17, 2022 determining that the Referendum petition contains 4,635 valid signatures of qualified registered voters in the City of Dublin and that the Referendum petition is therefore sufficient; and WHEREAS, on March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition, certifying the results of the examination and sufficiency of the Referendum petition filed; and
WHEREAS, pursuant to Elections Code section 9241, the City Council is required to submit an ordinance to the voters if it does not entirely repeal the ordinance against which a sufficient referendum petition is filed.
462 484
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.
Section 2. Repeal. Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002- 002-00) is hereby repealed in its entirety.
Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
Section 5. 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 __th day of _______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
463 485
Attachment 3
464 486
155954618.4
Tony Bosowski
Division President
Direct Dial: (925) 999-3966
Email: [email protected]
February 25, 2022
Via email [email protected]
Dublin City Council
Dublin City Hall
100 Civic Plaza
Dublin, CA 94568
Re: Referendum of Ordinance 11-21 regarding East Ranch Project Request for Repeal of Ordinance
March 1, 2022 Council Hearing
Honorable Councilmembers:
I am writing on behalf of Trumark Homes, the applicant for the East Ranch project referenced in Ordinance 11-21. We have reviewed the recently published staff report and understand sufficient signatures have been validated on the referendum petition challenging that ordinance and that the matter will be considered by the Council at its March 1st hearing.
As the staff report explains in detail, Elections Code section 9241 gives the Council the choice either to “entirely repeal the ordinance against which the petition is filed” or place the matter on the ballot. We respectfully request that the Council repeal Ordinance 11-21.
We are of course extremely disappointed at the actions of project opponents who apparently want to see our property left undeveloped, notwithstanding its designation for housing in the General Plan and the Eastern Dublin Specific Plan for decades. This is particularly troublesome given the significant resources Trumark Homes invested in seeking approval of a housing project that provides the mid-point, rather than the maximum, of previously approved density ranges.
We appreciate the enormous efforts you and your staff have devoted to ensuring the East Ranch project would implement existing laws and policies in a way that best promotes the City’s interests. However, we do not wish to allow project opponents to burden the City, its residents or Trumark Homes with the substantial costs and distractions of an election. Instead, we will be pursuing an alternative path for obtaining approval of our much needed housing project at this site. We accordingly request that the Council repeal Ordinance 11-21.
Thank you for your consideration of this matter.
Tony Bosowski
Division President
DocuSign Envelope ID: 017B3D8A-484D-4F4C-AF0C-633432E42076 487
STAFF REPORT
CITY COUNCIL
Agenda Item 8.2
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Discussion Regarding City Council Salaries
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will discuss options regarding adjustments to Councilmember salaries. This item is continued from the February 15, 2022 City Council Meeting agenda.
STAFF RECOMMENDATION:
Discuss and provide direction to Staff regarding adjustments to City Council salaries.
FINANCIAL IMPACT:
Should the City Council adopt an increase at the maximum allowed by law, the financial impact of a partial year (December 2022 – June 2023), including salary-based taxes and contributions, would be an increase of $3,951.60. The full year (12 months) additional cost would be $7,903.20.
DESCRIPTION:
Government Code Section 36516(a) allows a general law city to provide a salary to City Councilmembers. An increase in compensation is allowed by ordinance, and “may not exceed an amount equal to 5% for each calendar year from the operative date of the last adjustment of salary in effect when the ordinance or amendment is enacted” (Government Code Section 36516(4)).
The City Council last adjusted salaries for the City Council in December 2020 (Attachment 1), which became effective after the November 2020 election. City Councilmembers’ salary is currently set at $1,285.10 per month. Dublin Municipal Code Section 2.08.40 (Attachment 2) provides an additional $100 per month to the Mayor over the salary received as a Councilmember.
The Mayor’s current salary is $1,385.10 per month.
The allowable increase for calendar years 2020 through 2022 was calculated as follows:
488
Current compensation (established in 2020): $1,285.10
5% increase, 2020 to 2021: $1,349.36
5% increase, 2021 to 2022: $1,416.82
If the maximum increase is adopted, the financial impact for a partial year (December 2022 – June 2023) including salary-based taxes and contributions would be $3,951.60. The full year (12 months) additional cost would be $7,903.20.
If it wishes to take such action, the City Council can direct Staff to prepare an ordinance for consideration. In accordance with Dublin Municipal Code Section 2.08.020B and State Law, the increase would not become effective until newly elected Councilmembers are sworn into office following certification of the November 2022 election.
The City Council could also consider:
Increasing the salaries by an amount less than the maximum permitted by law Not increasing the current salary (take no action)
Reducing current salaries
Eliminating salaries altogether
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance No. 10-20 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council
2) Dublin Municipal Code Section 2.08.020
489
Attachment 1
490
491
2.08.020 Salary for members established.
A. Pursuant to Section 36516 of the Government Code which provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand two hundred eighty-five dollars and ten cents ($1,285.10) per month.
B. No Councilmember shall be eligible to receive the increase provided herein until one (1) or more Councilmembers begin a new term of office. (Ord. 10-20 § 2; Ord. 7-18 § 2; Ord. 10-16 § 2; Ord. 2-12 § 2; Ord. 17-09 § 1 (part): Ord. 5-08 § 2; Ord. 3-06 § 2; Ord. 7-04 § 2; Ord. 7-02 § 2; Ord. 23-99 § 2; Ord. 6-91 § 2; Ord. 1- 90 § 2; Ord. 3-89 §§ 2, 3: Ord. 4-88 §§ 2, 3: Ord. 8-87 §§ 3, 4: Ord. 22-85 § 3: Ord. 6, 1982)
2.08.040 Mayor’s salary.
The Mayor shall receive a monthly salary of one hundred dollars ($100), in addition to that which he/she receives as a Councilmember. (Ord. 17-09 § 1 (part): Ord. 13-92 § 2) The Dublin Municipal Code is current through Ordinance 10-21, passed December 7, 2021.
Dublin Municipal Code 2.08.020 Salary for members established. Page 1 of 1 Attachment 2
492
STAFF REPORT
CITY COUNCIL
Agenda Item 8.3
DATE: March 1, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Designation of Agency Labor Negotiators, Unrepresented Employee: City Manager and Unrepresented Employee: City Attorney
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider the appointment of two Councilmembers as representatives for the City Manager’s annual review and performance evaluation, including discussion of compensation matters, and two Councilmembers as representatives for the City Attorney’s annual review and performance evaluation, including compensation matters.
STAFF RECOMMENDATION:
Appoint two Councilmembers as representatives for the City Manager’s annual review and performance evaluation, including discussion of compensation, and appoint two Councilmembers as representatives for the City Attorney’s annual review and performance evaluation, including discussion of compensation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Brown Act allows the City Council to meet in closed session to discuss the performance of employees that report to the City Council. Additionally, it allows the City Council to meet in closed session with its designated representatives—usually referred to as “labor negotiators”—to discuss the compensation of such employees. Any final action on the proposed compensation must be taken in open session.
The City Council will consider and discuss the appointment of two Councilmembers to serve as the City’s representatives for the City Manager’s annual review and performance evaluation including discussion of compensation, and two members of the City Council as the City’s representatives in 493
the performance evaluation process and in labor negotiations with the City Attorney.
It has been the City’s custom for many years to appoint the labor negotiators prior to reviewing the City Manager’s and City Attorney’s performance. Doing so allows the negotiators to have compensation discussions with the City Manager or City Attorney during or after the review process. The negotiators have also been consulted on scheduling and process for the performance review. At the end of the process, the representatives will report their recommendation to the City Council in an open session. The last time such committees were convened was 2021; the two designated labor negotiators for the City Manager were Mayor Hernandez and Vice Mayor Josey, and the two designated labor negotiators for the City Attorney were Councilmember Kumagai and Councilmember Hu.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
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