Dublin City Council
June 7, 2022

amending Planned Development Ordinance No. 07-03 for the Valley Christian Center is included as Attachment 2.

ENVIRONMENTAL DETERMINATION:

Development on the project site was previously addressed in the Environmental Impact Report (EIR) for the Valley Christian Center Expansion Program (State Clearinghouse No. 200212070). On May 20, 2003, the Dublin City Council adopted Resolution No. 92-03, certifying an EIR for the Valley Christian Center.

In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study (2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

Consistent with the requirements of the California Environmental Quality Act (CEQA), including Section 21166 and related CEQA Guidelines Sections 15162 and 15163, the City prepared an Initial Study to determine whether additional environmental review was required for the proposed Inspiration Drive Memory Care and Assisted Living projects, which determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise; therefore, a Supplemental Mitigated Negative Declaration (State Clearinghouse No. 2021110251) was prepared to analyze the impacts and identify mitigation measures for those impacts.

The project is subject to mitigation measures identified in the Supplemental Mitigated Negative Declaration and the previously adopted EIR, as applicable. The City will monitor the Applicant’s compliance with mitigation measures as the project is constructed and operated under the Mitigation Monitoring and Reporting Program adopted in conjunction with the project approvals.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District With a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project 2) Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center
3) City Council May 17, 2022 Staff Report, without attachments 193
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ORDINANCE NO. XX – 22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR THE

INSPIRATION DRIVE MEMORY CARE PROJECT
(PLPA-2020-00044)
(APN 941-0022-005-00)
The Dublin City Council does ordain as follows:

SECTION 1. RECITALS
A. The Applicant, Steve Ring of Fulcrum Development, is proposing to develop a 55-bed memory care facility on Parcel 2 of the Valley Christian Center Property located at 7500 Inspiration Drive. Requested approvals include a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, Site Development Review Permit, and Street Vacation. These planning and implementing actions are collectively known as the “Inspiration Drive Memory Care Project” or the “Project.” B. The Project site is approximately 1.6 acres located on the northwest corner of Inspiration Drive and Dublin Boulevard (APN 941-0022-005-00).

C. The existing General Plan land use designation for the project site is Public/Semi-Public.

D. The Project site is located within the A (Agricultural) zoning district as stated in Planned Development Ordinance No. 07-03.

E. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared.

F. In 2003, the City Council adopted a Resolution certifying an Environmental Impact Report (EIR) and adopted findings and a Mitigation Monitoring and Reporting Program for the Valley Christian Center Expansion/Master Plan project (Resolution No. 92-03, incorporated herein by reference).

G. In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study (2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

H. The City prepared an Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial changes in circumstances, or new information, any of which would result in new or more severe significant impacts than analyzed in the prior Valley Christian Center EIR Attachment 1
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and 2018 Supplemental IS/MND or whether any other standards for supplemental environmental review were met.

I. Upon completion of the Initial Study it was determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise and, therefore, a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant.

J. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from November 18, 2021 - December 17, 2021.

K. The City of Dublin received no comment letters during the public review period.

L. The Planning Commission held a properly noticed public hearing on the Project, on April 26, 2022, at which time all interested parties had the opportunity to be heard.

M. On April 26, 2022, the Planning Commission adopted Resolution No. 22-04 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Zoning Map, a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, a Site Development Review Permit, and a Street Vacation for the Inspiration Drive Memory Care Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours.

N. On May 17, 2022, the City Council held a properly noticed public hearing on the project and the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard.

O. A Staff Report dated May 17, 2022, and incorporated herein by reference, described and analyzed the project, including the amendment to the Planned Development Zoning District, Site Development Review Permit, and Supplemental Mitigated Negative Declaration for the City Council.

P. The City Council considered the Supplemental Mitigated Negative Declaration, as well as the prior Valley Christian Center EIR, the 2018 Supplemental IS/MND to the Valley Christian Center EIR and all above-referenced reports, recommendations, and testimony before taking any action on the Project.

Q. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.

SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.

1. The Memory Care Project (“the Project”) Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is consistent with the General Plan and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses 195
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 8
by virtue of the layout and design of the site plan. The Project is planned comprehensively and will follow development standards tailored to the specific needs of the site. These standards will address issues such as building setbacks, architecture, landscaping and grading. The proposed development will blend with the natural features unique to the site through the use of design and planning.

2. Development of the Project under the Planned Development zoning will be harmonious and compatible with existing residential and semi-public development in the surrounding area in that the site will provide a residential care facility for the senior population from Dublin and surrounding areas.

B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows.

1. The Planned Development zoning for the Project will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account adjacent land uses and will provide a wide range of amenities to and for the community within the development and the surrounding neighborhoods. The Project is consistent with the surrounding land uses and has been approved for development in the Stage I Planned Development.

2. The Project site conditions were documented in the VCC EIR and Supplemental Mitigated Negative Declaration that have been prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. The area of the site proposed for development was previously graded and there are no site challenges that were identified in the EIR, which could not be mitigated, that will present an impediment to utilization of the site for the intended purposes.

3. The Planned Development zoning is consistent with the General Plan policies and the City’s Zoning Ordinances enacted for the public health, safety and welfare. The Project will not adversely affect the health or safety of persons residing or working in the vicinity or will it be detrimental to public health, safety or welfare. The Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. Additionally, no noxious odors, hazardous materials, or excessive noises will be produced.

4. The Planned Development zoning is consistent with and in conformance with the Dublin General Plan land use designation of Public/Semi-Public, which allows for quasi-public uses such as senior centers, special needs program facilities and other similar services and benefit to the community.

SECTION 3: ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to Rezone the property described below to a Planned Development zoning district and supersedes and replaces the previously adopted A (Agricultural) zoning district as stated in Planned Development Ordinance No. 07-03:

1.6 acres at Inspiration Drive and Dublin Boulevard; APN 941-0022-005 (“the Property”).

A map of the rezoned area is shown below:
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SECTION 4. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plan for the 1.6-acre property, which is hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code (DMC) or its successors.

Stage 1 and Stage 2 Development Plan
This is a Stage 1 and Stage 2 Development Plan pursuant to DMC Chapter 8.32. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan and is adopted as part of the Planned Development Rezone for the Inspiration Drive Memory Care Project (PLPA-2020-00044).

The Planned Development zoning district and this Stage 1 and Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of DMC Chapter 8.32 are satisfied.

1. Statement of Uses.

Permitted Uses (as defined by the Zoning Ordinance):

Community Care Facility/Large
Similar and related uses as determined by the Director of Community Development Conditional Uses:

None
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Accessory Uses:

Uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the principal uses as determined by the Director of Community Development

2. Stage 1 and Stage 2 Site Plan.

The site plan is shown below.

3. Site area, proposed densities, and development regulations.

Maximum Beds 55
Maximum Faculty and Staff 18 (on-site at one time)
Maximum Floor Area Ratio .50
Maximum Building Height: 35 feet
Maximum Lot Coverage 50 %
Parking Spaces 1 per 3 employees on largest shift, plus 1 per 3 beds Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking and Loading
Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 20’ front yard
10’ street side yard
10’ Interior side yard
15’ rear yard (building)
5’ rear yard (fence)
Signage Pursuant to an approved Master Sign Program

4. Phasing Plan.

The project site will be graded, improved, and constructed as a whole in one phase.

5. General Plan Consistency.
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The project is consistent with the General Plan land use designation of Public/Semi-Public, which includes senior centers, special needs program facilities and other similar services that provide benefits to the community. The Public/Semi-Public land use designation also permits a floor area ratio of .50.

6. Inclusionary Zoning Regulations.

The project is not subject to the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing because the regulations apply only to residential development projects of 20 units or more.

7. Preliminary Landscape Plan.

The landscape design of the project shall reflect the following standards:
 Utilizing the Dublin Streetscape Master Plan Plant Selections, utilize plants recommended and that are suitable to the Dublin climate for drought resistance and fire safety.
 The plant selection should be considered low and moderate use of water based upon the WUCOLS IV list for this region.
 Sufficient landscape screening should be utilized to create natural space between building structures when possible.
 Streets trees should be selected from the Streetscape Master Plan plant palette and considered moderate or low water use. Trees should match existing street trees whenever possible.

8. Architectural Standards.

The design of future buildings on the project site shall be compatible with the development patterns of the area and complement surrounding uses. Scale and massing shall be compatible to the surrounding area and human-scale elements shall be implemented where appropriate. Long, monotonous wall planes shall be avoided, and massing breaks shall be implemented to provide depth and visual interest. Horizontal changes in plane are encouraged. Building roof forms shall provide undulation and implement gable roof forms or similar. The form of the roof should relate to the form of the building and mechanical equipment screened from the public, when feasible.

Architectural style shall draw inspiration from nearby examples in the area. Building designs shall implement a transitional style between residential and commercial development. In general, high-quality commercial-grade materials shall be used and the use of stucco, stone, brock, fiber cement siding, composition shingles or tile is encouraged.

Colors chosen shall be neutral in nature and avoid bright, harsh primary colors. 199
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9. Aerial Photo.

10.Applicable Requirements of Dublin Zoning Ordinance.

Except as specifically provided in this Stage 1 and Stage 2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the RM (Multi-Family Residential) zoning district provisions pursuant to DMC Section

8.32.060.C. No development shall occur on this property until a Site Development Review Permit has been approved.

SECTION 5: 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 6. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption. 200
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PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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ORDINANCE NO. XX – 22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE NO. 07-03

FOR THE VALLEY CHRISTIAN CENTER
PLPA 2020-00044 and PLPA-2020-00045
(APNs 941-0022-005-000, 941-0022-006-00 and 941-0022-004-00) The Dublin City Council does ordain as follows:

SECTION 1. RECITALS
A. The Applicant, Steve Ring of Fulcrum Development, is proposing to develop a 55-bed memory care facility on Parcel 2 and an 81-bed assisted living facility on Parcel 3 of the Valley Christian Center Property located at 7500 Inspiration Drive. Requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Site Development Review Permits, a Street Vacation, and Tentative Parcel Map No. 11241. These planning and implementing actions are collectively known as the “Inspiration Drive Memory Care Project and Inspiration Drive Assisted Living Project” or the “Projects.”
B. The Project sites are approximately 1.6 acres located on the northwest corner of Inspiration Drive and Dublin Boulevard (Parcel 2; APN 941-0022-005-00) and approximately 4.68 acres located on the northwest corner of Inspiration Drive and Dublin Boulevard (Parcel 3; APN 941-0022-006-00).

C. The existing General Plan land use designation for the project site is Public/Semi-Public.

D. Parcels 1 and 3 of the Valley Christian Center are located within Planned Development Zoning District Ordinance No. 07-03 and Parcel 2 is located within the A (Agricultural) zoning district as stated in Planned Development Zoning District Ordinance No. 07-03.

E. The Inspiration Drive Memory Care and Inspiration Drive Assisted Living projects on Parcel 2 and Parcel 3, respectively, include Planned Development Rezones that will supersede their respective existing zoning designations.

F. Minor amendments to Planned Development Zoning District Ordinance No. 07-03 to remove reference to Parcel 2 and modify the reference to Parcel 3, is necessary for consistency and ease of implementation.

G. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared.

H. In 2003, the City Council adopted a Resolution certifying an Environmental Impact Report (EIR) and adopted findings and a Mitigation Monitoring and Reporting Program for the Valley Christian Center Expansion/Master Plan project (Resolution No. 92-03, incorporated herein by reference).

Attachment 2
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I. In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study (2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

J. The City prepared a Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial changes in circumstances, or new information, any of which would result in new or more severe significant impacts than analyzed in the prior Valley Christian Center EIR and 2018 Supplemental MND or whether any other standards for supplemental environmental review were met.

K. Upon completion of the Initial Study, it was determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise and, therefore, a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant.

L. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from November 18, 2021 - December 17, 2021.

M. The City of Dublin received no comment letters during the public review period.

N. The Planning Commission held a properly noticed public hearing on the Project, on April 26, 2022, at which time all interested parties had the opportunity to be heard.

O. On April 26, 2022, the Planning Commission adopted Resolution No. 22-04 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Zoning Map, a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, a Site Development Review Permit, and a Street Vacation for the Inspiration Drive Memory Care Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours.

P. On April 26, 2022, the Planning Commission adopted Resolution No. 22-05 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Zoning Map, an amendment to Planned Development Zoning Ordinance No. 07-03, a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, a Site Development Review Permit, and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours.
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Q. On May 17, 2022, the City Council held a properly noticed public hearing on the Project, including the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard.

R. A Staff Report dated May 17, 2022, and incorporated herein by reference, described and analyzed the Project, including the amendment to Planned Development Zoning District Ordinance No. 07-03, Planned Development Rezone with related Stage 1 and Stage 2 Development Plan, Site Development Review Permit, Tentative Parcel Map No. 11241 and Supplemental Mitigated Negative Declaration, for the City Council.

S. On May 17, 2022, the City Council adopted Resolution No. 50-22 adopting the Supplemental Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the project, and the City Council considered the Supplemental Mitigated Negative Declaration as well as the prior Valley Christian Center EIR, 2018 Supplemental Mitigated Negative Declaration to the Valley Christian Center EIR and all above-referenced reports, recommendations, and testimony to evaluate the Project.

T. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.

SECTION 2. AMENDMENTS TO EXISTING STAGE 1 DEVELOPMENT PLAN Amendments to the PD Stage 1 Development Plan are provided in redline below with text to be removed in strikeout and text to be added underlined. Sections and subsections of the Stage 1 Development Plan with no amendments are excluded from this Ordinance and remained unchanged. There are no changes to the Stage 2 Development Plan.

The Development Plan consists of:

1. A Stage 1 Development Plan for a portion of Parcel 3.

2. A Stage 1 and 2 Development Plan for Parcel 1.

3. Parcel 2, as shown on the Project plans, is not subject to this Planned Development Rezoning and Development Plan, and will remain zoned as A Agricultural District.

STAGE 1 DEVELOPMENT PLAN

1. Zoning
A. Parcel 1 shall be zoned PD - Community Facility.

B. Parcel 2 shall remain zoned A Agricultural District, and not subject to the Stage 1 Rezoning and Development Plan.

C. Parcel 3 shall be zoned PD - Future Development Area Conservation Easement.

D. Except as specifically modified by the provisions of this PD District/Development Plan, the use, development, improvement and maintenance of property within this PD District/Development Plan shall be subject to the provisions of the AAgricultural Zoning District for Parcels 1 and 3 and all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone.

2. Statement of proposed uses:
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Parcel 2. A- Agricultural District is deleted in its entirety Parcel 3. PD – Future Study Area is amended as follows:

Parcel 3. PD – Conversation Easement
Permitted Uses:

No uses shall be permitted until established by a future Stage 2 Planned Development Rezoning approved by the City Council.

Conservation Easement: A portion of The property shall be maintained as open space under a Conservation Easement, or other deed restriction acceptable to the Community Development Director, City Engineer and City Attorney that precludes development on the northern and eastern portion of Parcel 3 adjacent to the homes on Las Palmas Way. The deed restriction shall not preclude landscaping.

Conditional Uses:

No conditional uses shall be permitted until established by a future Stage 2 Planned Development Rezoning approved by the City Council.

Accessory Uses:

No accessory uses shall be permitted until established by a future Stage 2 Planned Development Rezoning approved by the City Council.

3. Stage 1 Site Plan
The Stage 1 Site Plan consists of Sheet 1 and S-1 of the project plans dated February 5, 2003, and "received April 16, 2003" (hereafter, project plans) and amended to exclude the residential units and excluding all references to residential type uses on Parcel 2 and the Future Study Area on Parcel 3.

4. Site area, proposed densities, size and new area, Phase Plan Parcel 2 (1.4 acres) is deleted in its entirety
Parcel 3 (12.71 acres) is amended as follows:

Parcel 3 (8.03 acres)
Phase
Number
Use Number of
Dwelling Units
Acres Maximum
Density
3 Conservation
Easement
N/A 8.03 N/A
Conservation Easement: A portion of the property shall be maintained as open space under a Conservation Easement, or other deed restriction acceptable to the Community Development Director, City Engineer and City Attorney, that precludes development on the northern and eastern portion of Parcel 3 adjacent to the homes on Las Palmas Way (see project plans). The deed restriction shall not preclude landscaping. 205
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6. General Plan consistency
Parcel 1. The proposed PD- Community Facility development of Parcel 1 is consistent with the Public/Semi-Public designation of the Dublin General Plan.

Parcel 2. The existing zoning of A Agricultural District for Parcel 2 is consistent with the Public/Semi-Public designation of the Dublin General Plan. No development plans are proposed.

Parcel 3. Future Development Area. No development plans are proposed; therefore, General Plan consistency is not an issue. A Conservation or Open Space Easement will cover a portion of the parcel as shown on the project plans.

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. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption.

PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day of June 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
206

STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Inspiration Drive Memory Care and Assisted Living Projects (PLPA-2020- 00044 and PLPA-2020-00045)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:

The Applicant, Steve Ring of Fulcrum Development, is proposing to develop two projects, a 55- bed memory care facility and an 84-bed assisted living facility, on Parcels 2 and 3, respectively, of the Valley Christian Center property. Requested approvals include Planned Development Rezoning with related Stage 1 and Stage 2 Development Plans, Site Development Review Permits, a Street Vacation and Tentative Parcel Map. The City Council will consider the Inspiration Drive Memory Care and Assisted Living projects, including a Supplemental Mitigated Negative Declaration to the Valley Christian Center Environmental Impact Report.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate and: 1) adopt the Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects; 2) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project; 3) adopt the Resolution Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project; 4) adopt the Resolution Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement; 5) adopt the Resolution Approving a Purchase and Sale Agreement with Valley Christian Center for Exempt Surplus Former Right-of-Way on Dublin Boulevard; 6) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project; 7) waive the reading and INTRODUCE the Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center; Attachment 3
207

and 8) adopt the Resolution Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project.

FINANCIAL IMPACT:

The costs associated with processing the proposed projects are borne by the Applicant. As part of the Inspiration Drive Memory Care project, a summary vacation of unused right-of-way on Dublin Boulevard is requested. Staff is recommending a sale price of $14.83/square foot for a total of $120,390. The recommended sale price was based on a comparable sale of a vacant property zoned for commercial use with similar improvements, and the proposed Memory Care Facility at 5751 Arnold Road property’s 2021-22 assessed value.

DESCRIPTION:

The two project sites are part of the Valley Christian Center property. The Valley Christian Center is located on approximately 51 acres at 7500 Inspiration Drive in the westerly portion of Dublin. The Valley Christian Center property includes four separate parcels as shown in Figure 1 and Table 1. The property has a General Plan land use designation of Public/SemiPublic. The property is subject to Planned Development (PD) Zoning (Ordinance No. 07-03), which was approved as part of the original Valley Christian expansion program in 2003. The PD has been amended over time to reflect the changing needs for church facilities. The project sites are surrounded by the Valley Christian Center, open space, and residential land uses as shown in Table 2 and Table 3.

Figure 1. Project Location
208

Table 1: Valley Christian Center Parcel Sizes and Land Uses Parcel
No.

Current Use of the
Property
Proposed Use of the
Property
Parcel
Size
Existing General
Plan Land Use
1 Valley Christian Center
Campus
No change –
Church/School

33.3 Public/Semi-Public
1A Valley Christian Center
Campus
No change –
Church/School

3.7 Public/Semi-Public
2 Vacant Memory Care Facility 1.6 Public/Semi-Public
3 Vacant / Conservation
Easement (northern 8
acres)
Assisted Living Facility
/Conservation
Easement

12.7 Public Semi-Public
Table 2: Memory Care Facility Surrounding Land Uses
Location Zoning General Plan Land
Use
Current Use of the
Property
North PD (Planned Development) Public/Semi-Public Valley Christian Center Campus
South N/A N/A Dublin Boulevard / I-580
East PD (Planned Development) Public/Semi-Public Vacant West PD (Planned Development) Medium/High
Density Residential
Condominiums
Table 3: Assisted Living Facility Surrounding Land Uses Location Zoning General Plan Land
Use
Current Use of the
Property
North PD (Planned Development) Public/Semi-Pubic &
Low-Density Single
Family
Valley Christian Center
Campus and SingleFamily Homes
South N/A N/A Dublin Boulevard / I-580
East R-1 (Single Family
Residential)
Single Family
Residential
Single Family Homes
West PD (Planned Development) Public/Semi-Public Vacant Proposed Projects
The Applicant, Fulcrum Development, has submitted applications for two separate projects that are being processed concurrently. Collectively, the proposed projects would result in development of a 55-bed memory care facility on Parcel 2 (PLPA-2020-00044) and an 84-bed assisted living facility on Parcel 3 (PLPA-2020-00045). Both projects include associated landscaping, parking, utility improvements and frontage improvements. The two proposed projects are described separately below. The City Council is requested to approve the two proposed projects.
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Analysis
Memory Care Facility (PLPA-2020-00044)
The requested entitlements associated with the proposed memory care facility include a: 1) a Planned Development Rezone with a related Stage 1 and 2 Development Plan; 2) Site Development Review Permit; and 3) Street Vacation.

The proposed memory care facility is a two-story, approximately 35,000-square-foot building.

A total of 51 private units and two shared units (a total of 55 beds) would be provided. In addition to the memory care units, the first and second floor of the facility would provide a range of amenities and support facilities for residents and staff, including a courtyard, kitchen, lobby area, offices, medical facilities, living area, TV room, activity area, dining room and reception. The proposed memory care facility is anticipated to require 36 staff, who would be present throughout the day spread over six employee shifts. The proposed use is consistent with the existing General Plan land use designation of Public/Semi-Public.

The request also includes an adjustment to the northern and southern property lines. The northern property line between Parcel 1 and Parcel 2 would be adjusted to create a parcel boundary between the memory care facility and a small area of riparian woodland associated with an ephemeral stream near the northwestern corner of the property. The adjustment to the southern property line is for the incorporation of an unused portion of the Dublin Boulevard right-of-way. Figure 2 shows the proposed site plan, with the property line adjustments incorporated. Lot Line Adjustment and Parcel Merger applications for Staff approval will be submitted subsequent to project approval.

Figure 2. Memory Care Facility Site Plan
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Planned Development Rezone
The site has existing Planned Development Zoning (Ordinance No. 07-03), which allows agricultural uses. To accommodate the proposed project, the application includes a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan. The proposed PD will establish a detailed Development Plan, which specifies the overall development density and intensity (e.g., FAR, building heights, setbacks) for the site, and design guidelines. A “Community Care Facility, Large” as defined by the Dublin Zoning Ordinance, would be the only use allowed by the PD. The proposed memory care facility is consistent with this use type.

Table 4 provides an overview of the development standards for the memory care facility.

Table 4. Development Standards – Memory Care Facility
Maximum Beds 55
Maximum Faculty and Staff 18 at one time
Maximum Floor Area Ratio .50
Maximum Building Height: 35 feet
Maximum Lot Coverage 50%
Parking Spaces 1 per 3 employees on largest shift, plus 1 per 3 beds Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking and Loading
Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 20’ front yard
10’ street side yard
10’ Interior side yard
15’ rear yard (building)
5’ rear yard (fence)
Signage Pursuant to an approved Master Sign Program
The draft Ordinance providing the details of the proposed zoning is included as Attachment 3.

Site Development Review Permit
In 2016, Valley Christian Center and California Highlands entered into a private settlement agreement, which set terms for development of Parcel 2, including setbacks and design considerations. The following is a summary of the key components of the project associated with the Site Development Review Permit, including those aspects which are driven by the settlement agreement.

Site Design and Access: The project site is accessed from a new driveway and sidewalk off Inspiration Drive. The driveway leads to the parking area, which is situated along the north side of the building terminating in the northwest area of the property at the location of the trash enclosure. The proposed building is located on the southern portion of the property along Dublin Boulevard in line with the adjacent residential buildings of California Highlands.

Adjacent to the building’s front entry near Inspiration Drive is a large, covered canopy. This 211

canopy allows for resident and guest pickup and drop-off without the need to navigate the length of the parking area. At the western end of the parking area, just north of the building near the rear entrance, is a loading area for deliveries separating commercial vehicle loading from guest and employee parking areas.

An existing sidewalk extends along the property frontage on both Dublin Boulevard and Inspirative Drive. As part of the project, the existing curb ramps at the corner of Inspiration Drive and Dublin Boulevard will be reconstructed to meet current standards.

Architecture: The architecture of the building is guided by the architecture of the adjacent California Highlands residential development. Per the 2016 settlement agreement between the Valley Christian Center and California Highlands, development of the subject property should “be of a quality and a standard that is consistent with the California Highlands development.” The two-story building is accented with changes in exterior cladding and colors, multi-pane windows, and a series of front gables with decorative brackets. The main entry is highlighted through a large canopy providing cover for vehicle pickup and drop-off. The building is finished with a variety of materials including stone veneer, fiber cement Hardie board, stucco and a tile roof. The proposed paint colors are a range of grey with blue and white trim to provide a neutral backdrop for the finish materials. The color and materials are shown in the Project Plans on Sheet A5.3 and A5.4.

Landscaping: The memory care facility would provide approximately 35,911 square feet of private open space on Parcel 2, including preservation of the riparian area associated with the ephemeral stream area in the northwestern portion of the project site. A landscape buffer would be provided around the perimeter of the project site (minimum of five feet wide at the rear and 10 feet wide on all other sides).

Per the 2016 settlement agreement between the Valley Christian Center and California Highlands, the purpose of the landscape buffer at the rear (western property line) is to provide landscape screening between the development on Parcel 2 and the California Highlands property.

The proposed landscaping includes various evergreen and ornamental trees, shrubs, grasses, perennials, ground cover, and vines. Existing street trees and perennials along Inspiration Drive would be retained. In addition, the proposed project would include two landscaped detention basins located on the north side of the building adjacent to the parking/loading area.

A total of approximately 34 trees would be planted as part of the proposed project. The proposed landscape plan is shown in the Project Plans on Sheet L-1.

A three-foot tall retaining wall with a six-foot-high wood screening fence would be installed along the western boundary of the project site. Additionally, a three-foot-tall retaining wall would be installed along the northern boundary of the proposed parking area. A rail fence 212

would be provided to prevent intrusion into the riparian area associated with the ephemeral stream in the northwestern portion of the project site.

Public Art Compliance: The applicant intends to satisfy the requirements of the City’s Public Art Ordinance through the payment of in lieu fees. Condition of Approval No. 17 in the Resolution approving the Site Development Review Permit captures this requirement (Attachment 4).

The draft Resolution approving the Site Development Review Permit is included as Attachment

4. The Project Plans are included as Attachment 5.

Street Vacation of Dublin Boulevard
As part of the proposed project, the property owner, Valley Christian Center, in concert with the Applicant, has requested a summary vacation of approximately 8,118 square feet of unused Dublin Boulevard right-of-way as generally shown by the blue area in Figure 3 below. A plat and legal description of the subject right-of-way is included as Exhibits A and B to Attachment

6. Once vacated as right-of-way, the City will continue to own the underlying fee parcel.

Figure 3. Dublin Boulevard Right-of-Way Vacation Area
Section 8331 of the California Streets and Highways Code et seq. provides the procedures for vacating street right-of-way and allows for a summary vacation if:
a. Right-of-way is in excess of a street not required for street purposes. b. For a period of five consecutive years, the street or highway has been impassable for vehicular traffic.
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c. No public money was expended for maintenance on the street during such period.

The subject right-of-way is part of the I-580 freeway frontage road that was relinquished from the State of California to Alameda County in 1981 prior to the City’s incorporation. The frontage road was annexed into the City of Dublin in 1990 and later improved as an extension of Dublin Boulevard. The final roadway alignment of the Dublin Boulevard extension left remnants of the annexed frontage road undeveloped. The subject right-of-way is currently undeveloped, has been impassable to vehicular traffic, and no public money was expended for its maintenance.

Through the years as development adjacent to Dublin Boulevard has occurred, portions of the unimproved area of the right-of-way beyond the limits of the improved Dublin Boulevard have been vacated to accommodate development.

On April 26, 2022, in accordance with Government Code Section 65402, the Planning Commission made a finding of conformance with an adopted General Plan for a street vacation and disposition of real property. The General Plan designation for the subject rightof-way is Public/Semi-Public. The vacation of the property conforms with the Land Use and Circulation Element (Chapter 5) of the General Plan in that the proposed use of the property is community serving by providing supportive housing for the senior community with special needs. The finding of conformance with the Land Use and Circulation Element of the General Plan is included in the Planning Commission’s Resolution, Attachment 9.

Subsection (a) of Section 8355 of the California Streets Highways Code allows the City to sell the subject right-of-way in conjunction with its vacation. The City has prepared a Purchase and Sale Agreement, which outlines the terms and conditions of the sale of the remnant parcel to Valley Christian Center. Upon the City Council’s approval of the street vacation and Purchase and Sale Agreement, Valley Christian Center will merge the remnant parcel with Parcel 2 to accommodate the development of the memory care facility.

The Resolution approving the vacation of unused right-of-way on Dublin Boulevard is included as Attachment 6. The Resolution approving a Purchase and Sale Agreement with the property owner, Valley Christian Center, with the draft Purchase and Sale Agreement are included as Attachments 7 and 8, respectively.

Assisted Living Facility (PLPA-2020-00045)
The requested entitlements associated with the proposed assisted living facility include a: 1) Planned Development Rezone with a related Stage 1 and 2 Development Plan; 2) Planned Development Zoning Amendment; 3) Site Development Review Permit; and 4) Tentative Parcel Map.

The proposed assisted living facility is three-stories, approximately 40 feet tall and approximately 75,112 square feet in size. The facility includes 84 beds consisting of studios, 214

and one-bedroom units. Like the memory care facility, the assisted living facility would also provide communal spaces for the use of residents and staff, including a courtyard, kitchen, lobby area, offices, medical facilities, living area, dining room, activity area, café, theater and wellness spa/salon. Figure 4 shows the proposed site plan. In addition to the 84 residents, the proposed assisted living facility is anticipated to require up to 43 staff, who would be present at the site throughout the day spread over six employee shifts.

Figure 4. Assisted Living Facility Site Plan
Planned Development Rezone
Pursuant to the Valley Christian Planned Development Zoning (Ordinance No. 07-03), Parcel 3 was designated as a “Future Study Area.” The PD states that “no uses shall be permitted until established by a future Stage 2 Planned Development Rezone approved by the City Council.” Similar to the proposed Planned Development Rezoning for the memory care facility, the assisted living facility proposes a Stage 1 and 2 Development Plan, which would supersede existing Planned Development Zoning Ordinance No. 07-03 for 4.68-acres of Parcel 3. The applicant is proposing the PD zoning district allow for a “Community Care Facility, Large” land use and similar uses as determined by the Community Development Director. Table 5 provides an overview of the development standards for the assisted living facility.

Table 5. Development Standards – Assisted Living Project Maximum Beds 84
Maximum Faculty and Staff 26 at one time
Maximum Floor Area Ratio .50
Maximum Building Height: 40 feet
Maximum lot coverage 35%
Parking Spaces 1 per 3 employees on largest shift, plus 1 per 3 beds 215

Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking and Loading
Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 10’ front yard
10’ side yard
15’ rear yard
Signage Pursuant to an approved Master Sign Program
The draft Ordinance providing the details of the proposed zoning is included as Attachment 10.

Planned Development Zoning Amendment
Amendments to Planned Development Ordinance No. 07-03 for the Valley Christian Center are necessary for consistency and ease of implementation. An amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center is included with the proposed project to remove Parcel 2 and the southern portion of Parcel 3 as they would no longer be a part of the Valley Christian Center Planned Development.

No other changes to this Planned Development are proposed. The amendment to Planned Development Ordinance No. 07-03 is included as Attachment 11.

Site Development Review
The following is a summary of the key components of the project associated with the Site Development Review Permit.

Site Design and Access: The project site is accessed from a new single driveway and sidewalk off Inspiration Drive. Inspiration Drive is a steep two-lane road that wraps the west and north sides of the subject site. The driveway, which slopes down from Inspiration Drive into the property, leads directly to the building’s front entrance and the parking area located to the west of the building. The site has a significant grade change from Inspiration Drive, which is addressed through a series of 12‐foot-tall, terraced retaining walls along the north side of the building to retain the existing slope. As Inspiration Drive ascends the hill, the proposed building nestles into the hillside and becomes less visible from Inspiration Drive.

Adjacent to the building’s front entry is a large, covered canopy, which allows for resident and guest pickup and drop-off without the need to navigate the length of the parking area. At the eastern end of the parking area, near the building’s rear entrance, is a loading area for deliveries, the trash enclosure, generator enclosure and four additional parking spaces.

There is currently no sidewalk along the east side of Inspiration Drive. As part of the project, a new sidewalk will be installed from the project driveway to Dublin Boulevard. In addition, the existing curb ramps at the corner of Inspiration Drive and Dublin Boulevard will be reconstructed to meet current standards and match up with the improvements made as part of the memory care project.
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Architecture: The architecture of the building is residential in nature and uses varying planes, materials and colors to break up the mass. The three-story building is accented with changes in exterior cladding and colors, multi-pane windows, awnings and a multiple level flat roof.

The third story is set back to reduce the building mass as viewed from I-580 and to provide a large open patio with unobstructed views to the south of the Tri-Valley. The main entry is highlighted through a large canopy providing cover for vehicle pickup and drop-off. The building is finished with a variety of materials including stone veneer, fiber cement Hardie board, stucco and a tile roof. The proposed paint colors are a range of grey with blue and white trim to provide a neutral backdrop for the finish materials. The color and materials are shown in the Project Plans on Sheet A3.1, A5.3 and A5.5.

Landscaping: The assisted living facility would provide approximately 118,087 square feet of private open space on Parcel 3. A bioretention landscape buffer is located along the south side of the parking area and driveway/fire lane.

The proposed landscaping includes various evergreen and ornamental trees, shrubs, grasses, perennials, ground cover, and vines. A new sidewalk and street trees are proposed along Inspiration Drive down to Dublin Boulevard.

A series of retaining walls is located along the north side of the building. The walls are bordered with landscape along the bottom edge and along the top between the wall and Inspiration Drive. The project site is surrounding by the natural hillside on the south, east and north. The proposed landscape plan is shown in the Project Plans on Sheets L-1.1 and L1.2 The draft Resolution approving the Site Development Review Permit is included as Attachment

12. The Project Plans are included as Attachment 13.

Tentative Parcel Map
The proposed assisted living facility includes a request for Tentative Parcel Map No. 11241 to create two parcels: 1) the northern parcel (8.02 acres) consistent with the boundaries of the existing conservation easement; and 2) the southern parcel (4.68 acres) for the proposed project site. It is anticipated that the northern parcel will continue to be owned by the Valley Christian Center and the southern parcel will be sold to and owned by the Applicant.

The Dublin Municipal Code (DMC) requires that all existing and proposed utility distribution facilities within a subdivision and along project streets be placed underground. DMC Section

9.32.040 provides for relief through a request for exception. The request for the exception is reviewed and considered by the City Engineer and based on balancing the requirements of the public health, safety, and general welfare with the feasibility of meeting by reason of economic feasibility, soil, topography, compatibility of surrounding area, and future potential number of building sites affected. The Applicant submitted an exception request to not underground the existing utilities along Dublin Boulevard, which was reviewed by and is 217

supported by the City Engineer.

The draft Resolution approving the Site Development Review Permit and Tentative Parcel Map No. 11241 is included as Attachment 12. The Project Plans are included as Attachment 13 and Tentative Parcel Map No. 11241 is included as Attachment 14.

Public Art Compliance
The applicant intends to satisfy the requirements of the City’s Public Art Ordinance for both projects through the payment of in lieu fees. Condition of Approval No. 18 in the Resolution approving the Site Development Review Permit captures this requirement (Attachment 12).

CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE:

The proposed memory care facility and assisted living facility and their respective site improvements are consistent with the General Plan land use designation of Public/SemiPublic, which allows quasi-public uses such as senior centers, special needs program facilities and other similar services and benefit to the community. These uses and improvements are consistent with the proposed Planned Development Zoning.

REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:

The Building and Safety Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. Conditions of approval from these departments and agencies have been included in the attached Resolution pertaining to the Site Development Review Permit for the Memory Care Facility (Attachment 4) and the attached Resolution pertaining to the Site Development Review Permit and Tentative Parcel Map for the Assisted Living Facility (Attachment 12).

ENVIRONMENTAL DETERMINATION:

Development on the project site was previously addressed in the Environmental Impact Report (EIR) for the Valley Christian Center Expansion Program (State Clearinghouse No. 200212070).

On May 20, 2003, the Dublin City Council adopted Resolution No. 92-03, certifying an EIR for the Valley Christian Center.

In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study1(2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football 1 City of Dublin. 2018. Valley Christian Center Supplemental Mitigated Negative Declaration / Initial Study, Planning Application Number: PLPA-2014-00052.
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athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

Consistent with the requirements of the California Environmental Quality Act (CEQA), including Section 21166 and related CEQA Guidelines Sections 15162 and 15163, the City prepared an Initial Study to determine whether additional environmental review was required for the proposed Inspiration Drive Memory Care and Assisted Living projects, which determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise; therefore, a Supplemental Mitigated Negative Declaration (State Clearinghouse No. 2021110251) was prepared to analyze the impacts and identify mitigation measures for those impacts. The environmental effects of the project are discussed in detail in the Supplemental Mitigated Negative Declaration for the project.

The project is subject to mitigation measures identified in the Supplemental Mitigated Negative Declaration and the previously adopted EIR, as applicable. The City will monitor the Applicant’s compliance with mitigation measures as the project is constructed and operated under the Mitigation Monitoring and Reporting Program adopted in conjunction with the project approvals.

The Supplemental Mitigated Negative Declaration/Initial Study was circulated for a public review period from November 18, 2021, to December 17, 2021. No comments were provided.

At the time the environmental review was completed, it was assumed that a General Plan Amendment was necessary for the Assisted Living project and was, therefore, included in the analysis. The change to the project description to not include a General Plan Amendment does not impact this analysis. No impacts associated with the General Plan Amendment were identified and, therefore, no new analysis is required.

The Resolution adopting the Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is included as Attachment 1. The Initial Study/Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are included as Attachment 2.

PLANNING COMMISSION REVIEW:

On April 12, 2022, the Planning Commission held a study session on the proposed projects.

Staff and the Applicant provided presentations. The Planning Commission asked various questions and made comments regarding emergency vehicle access, parking lot design and grading, retaining walls, architectural features and articulation of the building facades, landscaping and the potential for additional oak trees, and the layout of the interior spaces.

One member of the public addressed the Planning Commission and spoke in opposition to the project.
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On April 26, 2022, the Planning Commission held a public hearing on the proposed projects. As part of the public hearing, 19 members of the public provided comments regarding the project. The public expressed concerns regarding short-term health impacts related to construction, increase in traffic, impacts to views, and biological resources on the property.

The Planning Commission adopted Resolution No. 22-04 and Resolution No. 22-05 recommending approval of the Inspiration Drive Memory Care and Assisted Living Projects, respectively (refer to Attachments 9 and 15).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

Two City-led Community Meetings were held on December 8 and 9, 2021, to provide Dublin residents with information about the proposed Inspiration Drive Memory Care and Assisted Living projects. In addition to Staff and the Applicant, four community members attended the first meeting, and eight members attended the second meeting. Questions were asked about accessing project information, project timing and the City’s role in the infrastructure improvements.

In addition, the Applicant team held their own community outreach meetings. A total of six meetings were held with various parties including the Las Palmas Homeowner’s Association, Hansen Hills Neighborhood, California Highlands, Valley Christian Church members, and other adjacent residents. A copy of a community engagement summary provided by the Applicant is attached as Attachment 16.

In response to the City Council’s request during the General Plan Amendment Study Initiation, the Applicant installed story poles showing the mass and scale of the proposed projects. Story poles were erected in early December 2021.

In addition, the City Council held a Study Session on April 5, 2022, and the Planning Commission held a Study Session on April 12, 2022.

On April 26, 2022, a comment letter on behalf of East Bay Residents for Responsible Development was submitted challenging the Supplemental Mitigated Negative Declaration.

Though not required by CEQA, the City prepared a response to the comment. A copy of this letter along with all other written public comments received on the proposed project until the publication of this report is included as Attachment 17. A copy of the City’s response is included as Attachment 18.
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In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant.

ATTACHMENTS:
1) Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects (PLPA-2020-00044 and PLPA-2020-00045)
2) Exhibit A to the Resolution - Initial Study / Supplemental Mitigated Negative Declaration 3) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project
4) Resolution Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project
5) Exhibit A to the Resolution - Memory Care Project Plans 6) Resolution Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement
7) Resolution Approving a Purchase and Sale Agreement with Valley Christian Center for Exempt Surplus Former Right-of-Way on Dublin Boulevard
8) Exhibit A to the Resolution – Draft Purchase and Sale Agreement 9) Planning Commission Resolution No. 22-04
10) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project
11) Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center
12)Resolution Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project 13) Exhibit A to the Resolution - Assisted Living Project Plans 14) Exhibit B to the Resolution - Tentative Parcel Map No. 11241 15) Planning Commission Resolution No. 22-05
16) Community Engagement Summary by Fulcrum Development 17) Public Comments
18)Response to Environmental Review Comments – May 2022 221

STAFF REPORT

CITY COUNCIL

Agenda Item 4.8
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Inspiration Drive Assisted Living Project (PLPA-2020-00045) Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:

On May 17, 2022, the City Council held a Public Hearing to consider the Inspiration Drive Assisted Living Project consisting of an 84-bed assisted living facility on Parcel 3 of the Valley Christian Center property. Requested approvals include a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, a Site Development Review Permit and Tentative Parcel Map No. 11241.

The City Council waived the first reading and introduced the Planned Development Ordinance and adopted a Resolution approving the Site Development Review Permit and Tentative Parcel Map.

The City Council will hold a second reading of the Ordinance approving the Planned Development Rezone for the project.

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project.

FINANCIAL IMPACT:

The costs associated with processing the proposed projects are borne by the Applicant.

DESCRIPTION:

The project site is part of the Valley Christian Center property. The Valley Christian Center is located on approximately 51 acres at 7500 Inspiration Drive in the westerly portion of Dublin. The Valley Christian Center property includes four separate parcels as shown in Figure 1. The property has a General Plan land use designation of Public/Semi-Public. The property is subject to Planned Development (PD) Zoning (Ordinance No. 07-03), which was approved as part of the original 222

Valley Christian expansion program in 2003. The PD has been amended over time to reflect the changing needs for church facilities.

Figure 1. Project Location
The Applicant proposes to construct the Inspiration Drive Assisted Living Project, consisting of an 84-bed assisted living facility, on Parcel 3 of the Valley Christian Center property. Requested approval include a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, Site Development Review Permit and Tentative Parcel Map No. 11241.

On May 17, 2022, the City Council waived the first reading and introduced the Ordinance amending the zoning map and approving the Planned Development Zoning District with the Stage 1 and Stage 2 Development Plan for the project. The City Council also adopted a Resolution approving the Site Development Review Permit and Tentative Parcel Map.

A copy of the staff report for the May 17, 2022 meeting, without attachments, is included as Attachment 2.

The City Council is being asked to hold a second reading and adopt the Ordinance, included as Attachment 1.

ENVIRONMENTAL DETERMINATION:

Development on the project site was previously addressed in the Environmental Impact Report (EIR) for the Valley Christian Center Expansion Program (State Clearinghouse No. 200212070). On May 20, 2003, the Dublin City Council adopted Resolution No. 92-03, certifying an EIR for the Valley Christian Center.

In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial 223

Study (2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

Consistent with the requirements of the California Environmental Quality Act (CEQA), including Section 21166 and related CEQA Guidelines Sections 15162 and 15163, the City prepared an Initial Study to determine whether additional environmental review was required for the proposed Inspiration Drive Memory Care and Assisted Living projects, which determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise; therefore, a Supplemental Mitigated Negative Declaration (State Clearinghouse No. 2021110251) was prepared to analyze the impacts and identify mitigation measures for those impacts.

The project is subject to mitigation measures identified in the Supplemental Mitigated Negative Declaration and the previously adopted EIR, as applicable. The City will monitor the Applicant’s compliance with mitigation measures as the project is constructed and operated under the Mitigation Monitoring and Reporting Program adopted in conjunction with the project approvals.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project 2) City Council May 17, 2022 Staff Report, without attachments 224
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 8
ORDINANCE NO. XX – 22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR THE

INSPIRATION DRIVE ASSISTED LIVING PROJECT
PLPA 2020-00045
(APNs 941-0022-006-00)
The Dublin City Council does ordain as follows:

SECTION 1. RECITALS
A. The Applicant, Steve Ring of Fulcrum Development, is proposing to develop an 84-bed assisted living facility on Parcel 3 of the Valley Christian Center Property located at 7500 Inspiration Drive. Requested approvals include a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, Site Development Review Permit, and Tentative Parcel Map. These planning and implementing actions are collectively known as the “Inspiration Drive Assisted Living Project” or the “Project.” B. The Project site is 4.68 acres located on the northwest corner of Inspiration Drive and Dublin Boulevard, which is a portion of the larger 12.7-acre parcel located on the east side of Inspiration Drive (Parcel 3; APN 941-0022-006-00).

C. The existing General Plan land use designation for the project site is Public/Semi-Public.

D. The Project site is located within Planned Development Zoning District Ordinance No. 07-

03. E. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared.

F. In 2003, the City Council adopted a Resolution certifying an Environmental Impact Report (EIR) and adopted findings and a Mitigation Monitoring and Reporting Program for the Valley Christian Center Expansion/Master Plan project (Resolution No. 92-03, incorporated herein by reference).

G. In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study (2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

H. The City prepared a Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial Attachment 1
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 8
changes in circumstances, or new information, any of which would result in new or more severe significant impacts than analyzed in the prior Valley Christian Center EIR and 2018 Supplemental MND or whether any other standards for supplemental environmental review were met.

I. Upon completion of the Initial Study it was determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise and, therefore, a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant.

J. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from November 18, 2021 - December 17, 2021.

K. The City of Dublin received no comment letters during the public review period.

L. On April 26, 2022, the Planning Commission adopted Resolution No. 22-05 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Zoning Map, an amendment to Planned Development Zoning Ordinance No. 07-03, a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, a Site Development Review Permit, and Tentative Parcel Map No. 11241 for the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours.

M. On May 17, 2022, the City Council held a properly noticed public hearing on the Project, including the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard.

N. A Staff Report, dated May 17, 2022, and incorporated herein by reference, described and analyzed the Project, including the Amendment to Planned Development Zoning District Ordinance No. 07-03, Planned Development Rezone and related Stage 1 and Stage 2 Development Plan, Site Development Review, Tentative Parcel Map No. 11241 and Supplemental Mitigated Negative Declaration, for the City Council.

O. On May 17, 2022, the City Council adopted Resolution No. 50-22 adopting the Supplemental Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the project, and the City Council considered the Supplemental Mitigated Negative Declaration as well as the prior Valley Christian Center EIR, 2018 Supplemental MND to the Valley Christian Center EIR and all above-referenced reports, recommendations, and testimony before taking any action on the Project.

P. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.

SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 226
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1. The Assisted Living Project (“the Project”) Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is consistent with the General Plan and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. The Project is planned comprehensively and will follow development standards tailored to the specific needs of the site. These standards will address issues such as building setbacks, architecture, landscaping and grading. The proposed development will blend with the natural features unique to the site through the use of design and planning.

2. Development of the Project under the Planned Development zoning will be harmonious and compatible with existing residential and semi-public development in the surrounding area in that the site will provide a residential care facility for the senior population from Dublin and surrounding areas.

B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows.

1. The Planned Development zoning for the Project will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account adjacent land uses and will provide a wide range of amenities to and for the community within the development and the surrounding neighborhoods. The Project is consistent with the surrounding land uses and has been approved for development in the Stage I Planned Development.

2. The Project site conditions were documented in the VCC EIR and Supplemental Mitigated Negative Declaration that have been prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. The area of the site proposed for development was previously graded and there are no site challenges that were identified in the EIR, which could not be mitigated, that will present an impediment to utilization of the site for the intended purposes.

3. The Planned Development zoning is consistent with the General Plan policies and the City’s Zoning Ordinances enacted for the public health, safety and welfare. The Project will not adversely affect the health or safety of persons residing or working in the vicinity or will it be detrimental to public health, safety or welfare. The Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. Additionally, no noxious odors, hazardous materials, or excessive noises will be produced.

4. The Planned Development zoning is consistent with and in conformance with the Dublin General Plan land use designation of Public/Semi-Public, which allows for quasi-public uses such as senior centers, special needs program facilities and other similar services and benefit to the community.

SECTION 3: ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to Rezone the property described below to a Planned Development zoning 227
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 8
district and supersedes and replaces the previously adopted Planned Development zoning district (Ordinance No. 07-03):

4.68 acres at Inspiration Drive and Dublin Boulevard; a portion of APN 941-0022-006 (“the Property”). A map of the rezoned area is shown below:

SECTION 4. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plan for the 4.68-acre property, which is hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code DMC) or its successors.

Stage 1 and Stage 2 Development Plan
This is a Stage 1 and Stage 2 Development Plan pursuant to DMC Chapter 8.32. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezone for the Inspiration Drive Assisted Living Project (PLPA-2020-00045).

The Planned Development zoning district and this Stage 1 and Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of DMC Chapter 8.32 are satisfied.

1. Statement of Uses.

Permitted Uses (as defined by the Zoning Ordinance):

Community Care Facility/Large
Similar and related uses as determined by the Director of Community Development 228
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 8
Conditional Uses:

None
Accessory Uses:

As provided for in the regulations and procedures of the Zoning Ordinance

2. Stage 1 and Stage 2 Site Plan.

The site plan is shown below.

3. Site area, proposed densities, and development regulations.

Maximum Beds 84
Maximum Faculty and Staff 26 (on-site at one time)
Maximum Floor Area Ratio .50
Maximum Building Height: 40 feet
Maximum lot coverage 35%
Parking Spaces 1 per 3 employees on largest shift, plus 1 per 3 beds Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking and Loading
Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 10’ front yard
10’ side yard
15’ rear yard
Signage Pursuant to an approved Master Sign Program

4. Phasing Plan.

The project site will be graded, improved, and constructed as a whole in one phase. 229
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 8

5. General Plan Consistency.

The project is consistent with the General Plan land use designation of Public/Semi-Public, which includes senior centers, special needs program facilities and other similar services that provide benefits to the community. The Public/Semi-Public land use designation also permits a floor area ratio of .50.

6. Inclusionary Zoning Regulations.

The project is not subject to the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing because the regulations apply only to residential development projects of 20 units or more.

7. Preliminary Landscape Plan.

The landscape design of the project shall reflect the following standards:
 Utilizing the Dublin Streetscape Master Plan Plant Selections, utilize plants recommended and that are suitable to the Dublin climate for drought resistance and fire safety.
 The plant selection should be considered low and moderate use of water based upon the WUCOLS IV list for this region.
 Sufficient landscape screening should be utilized to create natural space between building structures when possible.
 Streets trees should be selected from a plant palette and considered moderate or low water use. Trees should match existing street trees whenever possible.

8. Architectural Standards.

The design of future buildings on the project site shall be compatible with the development patterns of the area and complement surrounding uses. Scale and massing shall be compatible to the surrounding area and human-scale elements shall be implemented where appropriate. Long, monotonous wall planes shall be avoided, and massing breaks shall be implemented to provide depth and visual interest. Horizontal changes in plane are encouraged. Building roof forms shall consist of lower height or flat roof construction to confirm with the hillside topography and using a stepped approach to height to create a sense of hillside integration shall be used whenever possible. The form of the roof should relate to the form of the building and mechanical equipment screened from the public, when feasible.

Architectural style shall draw inspiration from nearby examples in the area but have a modern form that is complementary. Building designs shall implement a transitional style between residential and commercial development. In general, high-quality commercialgrade materials shall be used and the use of stucco, stone, brick, fiber cement siding, metal seam is encouraged. Colors chosen shall be neutral in nature and avoid bright, harsh primary colors.
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9. Aerial Photo.

10.Applicable Requirements of Dublin Zoning Ordinance.

Except as specifically provided in this Stage 1 and Stage 2 Development Plan, the use, development, improvement, and maintenance of the property shall be governed by the RM (Multi-Family Residential) zoning district DMC Section 8.32.060.C. No development shall occur on this property until a Site Development Review Permit has been approved.

SECTION 5: 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 6. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption. 231
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 8 of 8
PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Inspiration Drive Memory Care and Assisted Living Projects (PLPA-2020- 00044 and PLPA-2020-00045)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:

The Applicant, Steve Ring of Fulcrum Development, is proposing to develop two projects, a 55- bed memory care facility and an 84-bed assisted living facility, on Parcels 2 and 3, respectively, of the Valley Christian Center property. Requested approvals include Planned Development Rezoning with related Stage 1 and Stage 2 Development Plans, Site Development Review Permits, a Street Vacation and Tentative Parcel Map. The City Council will consider the Inspiration Drive Memory Care and Assisted Living projects, including a Supplemental Mitigated Negative Declaration to the Valley Christian Center Environmental Impact Report.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate and: 1) adopt the Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects; 2) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project; 3) adopt the Resolution Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project; 4) adopt the Resolution Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement; 5) adopt the Resolution Approving a Purchase and Sale Agreement with Valley Christian Center for Exempt Surplus Former Right-of-Way on Dublin Boulevard; 6) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project; 7) waive the reading and INTRODUCE the Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center; Attachment 2
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and 8) adopt the Resolution Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project.

FINANCIAL IMPACT:

The costs associated with processing the proposed projects are borne by the Applicant. As part of the Inspiration Drive Memory Care project, a summary vacation of unused right-of-way on Dublin Boulevard is requested. Staff is recommending a sale price of $14.83/square foot for a total of $120,390. The recommended sale price was based on a comparable sale of a vacant property zoned for commercial use with similar improvements, and the proposed Memory Care Facility at 5751 Arnold Road property’s 2021-22 assessed value.

DESCRIPTION:

The two project sites are part of the Valley Christian Center property. The Valley Christian Center is located on approximately 51 acres at 7500 Inspiration Drive in the westerly portion of Dublin. The Valley Christian Center property includes four separate parcels as shown in Figure 1 and Table 1. The property has a General Plan land use designation of Public/SemiPublic. The property is subject to Planned Development (PD) Zoning (Ordinance No. 07-03), which was approved as part of the original Valley Christian expansion program in 2003. The PD has been amended over time to reflect the changing needs for church facilities. The project sites are surrounded by the Valley Christian Center, open space, and residential land uses as shown in Table 2 and Table 3.

Figure 1. Project Location
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Table 1: Valley Christian Center Parcel Sizes and Land Uses Parcel
No.

Current Use of the
Property
Proposed Use of the
Property
Parcel
Size
Existing General
Plan Land Use
1 Valley Christian Center
Campus
No change –
Church/School

33.3 Public/Semi-Public
1A Valley Christian Center
Campus
No change –
Church/School

3.7 Public/Semi-Public
2 Vacant Memory Care Facility 1.6 Public/Semi-Public
3 Vacant / Conservation
Easement (northern 8
acres)
Assisted Living Facility
/Conservation
Easement

12.7 Public Semi-Public
Table 2: Memory Care Facility Surrounding Land Uses
Location Zoning General Plan Land
Use
Current Use of the
Property
North PD (Planned Development) Public/Semi-Public Valley Christian Center Campus
South N/A N/A Dublin Boulevard / I-580
East PD (Planned Development) Public/Semi-Public Vacant West PD (Planned Development) Medium/High
Density Residential
Condominiums
Table 3: Assisted Living Facility Surrounding Land Uses Location Zoning General Plan Land
Use
Current Use of the
Property
North PD (Planned Development) Public/Semi-Pubic &
Low-Density Single
Family
Valley Christian Center
Campus and SingleFamily Homes
South N/A N/A Dublin Boulevard / I-580
East R-1 (Single Family
Residential)
Single Family
Residential
Single Family Homes
West PD (Planned Development) Public/Semi-Public Vacant Proposed Projects
The Applicant, Fulcrum Development, has submitted applications for two separate projects that are being processed concurrently. Collectively, the proposed projects would result in development of a 55-bed memory care facility on Parcel 2 (PLPA-2020-00044) and an 84-bed assisted living facility on Parcel 3 (PLPA-2020-00045). Both projects include associated landscaping, parking, utility improvements and frontage improvements. The two proposed projects are described separately below. The City Council is requested to approve the two proposed projects.
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Analysis
Memory Care Facility (PLPA-2020-00044)
The requested entitlements associated with the proposed memory care facility include a: 1) a Planned Development Rezone with a related Stage 1 and 2 Development Plan; 2) Site Development Review Permit; and 3) Street Vacation.

The proposed memory care facility is a two-story, approximately 35,000-square-foot building.

A total of 51 private units and two shared units (a total of 55 beds) would be provided. In addition to the memory care units, the first and second floor of the facility would provide a range of amenities and support facilities for residents and staff, including a courtyard, kitchen, lobby area, offices, medical facilities, living area, TV room, activity area, dining room and reception. The proposed memory care facility is anticipated to require 36 staff, who would be present throughout the day spread over six employee shifts. The proposed use is consistent with the existing General Plan land use designation of Public/Semi-Public.

The request also includes an adjustment to the northern and southern property lines. The northern property line between Parcel 1 and Parcel 2 would be adjusted to create a parcel boundary between the memory care facility and a small area of riparian woodland associated with an ephemeral stream near the northwestern corner of the property. The adjustment to the southern property line is for the incorporation of an unused portion of the Dublin Boulevard right-of-way. Figure 2 shows the proposed site plan, with the property line adjustments incorporated. Lot Line Adjustment and Parcel Merger applications for Staff approval will be submitted subsequent to project approval.

Figure 2. Memory Care Facility Site Plan
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Planned Development Rezone
The site has existing Planned Development Zoning (Ordinance No. 07-03), which allows agricultural uses. To accommodate the proposed project, the application includes a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan. The proposed PD will establish a detailed Development Plan, which specifies the overall development density and intensity (e.g., FAR, building heights, setbacks) for the site, and design guidelines. A “Community Care Facility, Large” as defined by the Dublin Zoning Ordinance, would be the only use allowed by the PD. The proposed memory care facility is consistent with this use type.

Table 4 provides an overview of the development standards for the memory care facility.

Table 4. Development Standards – Memory Care Facility
Maximum Beds 55
Maximum Faculty and Staff 18 at one time
Maximum Floor Area Ratio .50
Maximum Building Height: 35 feet
Maximum Lot Coverage 50%
Parking Spaces 1 per 3 employees on largest shift, plus 1 per 3 beds Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking and Loading
Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 20’ front yard
10’ street side yard
10’ Interior side yard
15’ rear yard (building)
5’ rear yard (fence)
Signage Pursuant to an approved Master Sign Program
The draft Ordinance providing the details of the proposed zoning is included as Attachment 3.

Site Development Review Permit
In 2016, Valley Christian Center and California Highlands entered into a private settlement agreement, which set terms for development of Parcel 2, including setbacks and design considerations. The following is a summary of the key components of the project associated with the Site Development Review Permit, including those aspects which are driven by the settlement agreement.

Site Design and Access: The project site is accessed from a new driveway and sidewalk off Inspiration Drive. The driveway leads to the parking area, which is situated along the north side of the building terminating in the northwest area of the property at the location of the trash enclosure. The proposed building is located on the southern portion of the property along Dublin Boulevard in line with the adjacent residential buildings of California Highlands.

Adjacent to the building’s front entry near Inspiration Drive is a large, covered canopy. This 237

canopy allows for resident and guest pickup and drop-off without the need to navigate the length of the parking area. At the western end of the parking area, just north of the building near the rear entrance, is a loading area for deliveries separating commercial vehicle loading from guest and employee parking areas.

An existing sidewalk extends along the property frontage on both Dublin Boulevard and Inspirative Drive. As part of the project, the existing curb ramps at the corner of Inspiration Drive and Dublin Boulevard will be reconstructed to meet current standards.

Architecture: The architecture of the building is guided by the architecture of the adjacent California Highlands residential development. Per the 2016 settlement agreement between the Valley Christian Center and California Highlands, development of the subject property should “be of a quality and a standard that is consistent with the California Highlands development.” The two-story building is accented with changes in exterior cladding and colors, multi-pane windows, and a series of front gables with decorative brackets. The main entry is highlighted through a large canopy providing cover for vehicle pickup and drop-off. The building is finished with a variety of materials including stone veneer, fiber cement Hardie board, stucco and a tile roof. The proposed paint colors are a range of grey with blue and white trim to provide a neutral backdrop for the finish materials. The color and materials are shown in the Project Plans on Sheet A5.3 and A5.4.

Landscaping: The memory care facility would provide approximately 35,911 square feet of private open space on Parcel 2, including preservation of the riparian area associated with the ephemeral stream area in the northwestern portion of the project site. A landscape buffer would be provided around the perimeter of the project site (minimum of five feet wide at the rear and 10 feet wide on all other sides).

Per the 2016 settlement agreement between the Valley Christian Center and California Highlands, the purpose of the landscape buffer at the rear (western property line) is to provide landscape screening between the development on Parcel 2 and the California Highlands property.

The proposed landscaping includes various evergreen and ornamental trees, shrubs, grasses, perennials, ground cover, and vines. Existing street trees and perennials along Inspiration Drive would be retained. In addition, the proposed project would include two landscaped detention basins located on the north side of the building adjacent to the parking/loading area.

A total of approximately 34 trees would be planted as part of the proposed project. The proposed landscape plan is shown in the Project Plans on Sheet L-1.

A three-foot tall retaining wall with a six-foot-high wood screening fence would be installed along the western boundary of the project site. Additionally, a three-foot-tall retaining wall would be installed along the northern boundary of the proposed parking area. A rail fence 238

would be provided to prevent intrusion into the riparian area associated with the ephemeral stream in the northwestern portion of the project site.

Public Art Compliance: The applicant intends to satisfy the requirements of the City’s Public Art Ordinance through the payment of in lieu fees. Condition of Approval No. 17 in the Resolution approving the Site Development Review Permit captures this requirement (Attachment 4).

The draft Resolution approving the Site Development Review Permit is included as Attachment

4. The Project Plans are included as Attachment 5.

Street Vacation of Dublin Boulevard
As part of the proposed project, the property owner, Valley Christian Center, in concert with the Applicant, has requested a summary vacation of approximately 8,118 square feet of unused Dublin Boulevard right-of-way as generally shown by the blue area in Figure 3 below. A plat and legal description of the subject right-of-way is included as Exhibits A and B to Attachment

6. Once vacated as right-of-way, the City will continue to own the underlying fee parcel.

Figure 3. Dublin Boulevard Right-of-Way Vacation Area
Section 8331 of the California Streets and Highways Code et seq. provides the procedures for vacating street right-of-way and allows for a summary vacation if:
a. Right-of-way is in excess of a street not required for street purposes. b. For a period of five consecutive years, the street or highway has been impassable for vehicular traffic.
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c. No public money was expended for maintenance on the street during such period.

The subject right-of-way is part of the I-580 freeway frontage road that was relinquished from the State of California to Alameda County in 1981 prior to the City’s incorporation. The frontage road was annexed into the City of Dublin in 1990 and later improved as an extension of Dublin Boulevard. The final roadway alignment of the Dublin Boulevard extension left remnants of the annexed frontage road undeveloped. The subject right-of-way is currently undeveloped, has been impassable to vehicular traffic, and no public money was expended for its maintenance.

Through the years as development adjacent to Dublin Boulevard has occurred, portions of the unimproved area of the right-of-way beyond the limits of the improved Dublin Boulevard have been vacated to accommodate development.

On April 26, 2022, in accordance with Government Code Section 65402, the Planning Commission made a finding of conformance with an adopted General Plan for a street vacation and disposition of real property. The General Plan designation for the subject rightof-way is Public/Semi-Public. The vacation of the property conforms with the Land Use and Circulation Element (Chapter 5) of the General Plan in that the proposed use of the property is community serving by providing supportive housing for the senior community with special needs. The finding of conformance with the Land Use and Circulation Element of the General Plan is included in the Planning Commission’s Resolution, Attachment 9.

Subsection (a) of Section 8355 of the California Streets Highways Code allows the City to sell the subject right-of-way in conjunction with its vacation. The City has prepared a Purchase and Sale Agreement, which outlines the terms and conditions of the sale of the remnant parcel to Valley Christian Center. Upon the City Council’s approval of the street vacation and Purchase and Sale Agreement, Valley Christian Center will merge the remnant parcel with Parcel 2 to accommodate the development of the memory care facility.

The Resolution approving the vacation of unused right-of-way on Dublin Boulevard is included as Attachment 6. The Resolution approving a Purchase and Sale Agreement with the property owner, Valley Christian Center, with the draft Purchase and Sale Agreement are included as Attachments 7 and 8, respectively.

Assisted Living Facility (PLPA-2020-00045)
The requested entitlements associated with the proposed assisted living facility include a: 1) Planned Development Rezone with a related Stage 1 and 2 Development Plan; 2) Planned Development Zoning Amendment; 3) Site Development Review Permit; and 4) Tentative Parcel Map.

The proposed assisted living facility is three-stories, approximately 40 feet tall and approximately 75,112 square feet in size. The facility includes 84 beds consisting of studios, 240

and one-bedroom units. Like the memory care facility, the assisted living facility would also provide communal spaces for the use of residents and staff, including a courtyard, kitchen, lobby area, offices, medical facilities, living area, dining room, activity area, café, theater and wellness spa/salon. Figure 4 shows the proposed site plan. In addition to the 84 residents, the proposed assisted living facility is anticipated to require up to 43 staff, who would be present at the site throughout the day spread over six employee shifts.

Figure 4. Assisted Living Facility Site Plan
Planned Development Rezone
Pursuant to the Valley Christian Planned Development Zoning (Ordinance No. 07-03), Parcel 3 was designated as a “Future Study Area.” The PD states that “no uses shall be permitted until established by a future Stage 2 Planned Development Rezone approved by the City Council.” Similar to the proposed Planned Development Rezoning for the memory care facility, the assisted living facility proposes a Stage 1 and 2 Development Plan, which would supersede existing Planned Development Zoning Ordinance No. 07-03 for 4.68-acres of Parcel 3. The applicant is proposing the PD zoning district allow for a “Community Care Facility, Large” land use and similar uses as determined by the Community Development Director. Table 5 provides an overview of the development standards for the assisted living facility.

Table 5. Development Standards – Assisted Living Project Maximum Beds 84
Maximum Faculty and Staff 26 at one time
Maximum Floor Area Ratio .50
Maximum Building Height: 40 feet
Maximum lot coverage 35%
Parking Spaces 1 per 3 employees on largest shift, plus 1 per 3 beds 241

Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking and Loading
Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 10’ front yard
10’ side yard
15’ rear yard
Signage Pursuant to an approved Master Sign Program
The draft Ordinance providing the details of the proposed zoning is included as Attachment 10.

Planned Development Zoning Amendment
Amendments to Planned Development Ordinance No. 07-03 for the Valley Christian Center are necessary for consistency and ease of implementation. An amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center is included with the proposed project to remove Parcel 2 and the southern portion of Parcel 3 as they would no longer be a part of the Valley Christian Center Planned Development.

No other changes to this Planned Development are proposed. The amendment to Planned Development Ordinance No. 07-03 is included as Attachment 11.

Site Development Review
The following is a summary of the key components of the project associated with the Site Development Review Permit.

Site Design and Access: The project site is accessed from a new single driveway and sidewalk off Inspiration Drive. Inspiration Drive is a steep two-lane road that wraps the west and north sides of the subject site. The driveway, which slopes down from Inspiration Drive into the property, leads directly to the building’s front entrance and the parking area located to the west of the building. The site has a significant grade change from Inspiration Drive, which is addressed through a series of 12‐foot-tall, terraced retaining walls along the north side of the building to retain the existing slope. As Inspiration Drive ascends the hill, the proposed building nestles into the hillside and becomes less visible from Inspiration Drive.

Adjacent to the building’s front entry is a large, covered canopy, which allows for resident and guest pickup and drop-off without the need to navigate the length of the parking area. At the eastern end of the parking area, near the building’s rear entrance, is a loading area for deliveries, the trash enclosure, generator enclosure and four additional parking spaces.

There is currently no sidewalk along the east side of Inspiration Drive. As part of the project, a new sidewalk will be installed from the project driveway to Dublin Boulevard. In addition, the existing curb ramps at the corner of Inspiration Drive and Dublin Boulevard will be reconstructed to meet current standards and match up with the improvements made as part of the memory care project.
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Architecture: The architecture of the building is residential in nature and uses varying planes, materials and colors to break up the mass. The three-story building is accented with changes in exterior cladding and colors, multi-pane windows, awnings and a multiple level flat roof.

The third story is set back to reduce the building mass as viewed from I-580 and to provide a large open patio with unobstructed views to the south of the Tri-Valley. The main entry is highlighted through a large canopy providing cover for vehicle pickup and drop-off. The building is finished with a variety of materials including stone veneer, fiber cement Hardie board, stucco and a tile roof. The proposed paint colors are a range of grey with blue and white trim to provide a neutral backdrop for the finish materials. The color and materials are shown in the Project Plans on Sheet A3.1, A5.3 and A5.5.

Landscaping: The assisted living facility would provide approximately 118,087 square feet of private open space on Parcel 3. A bioretention landscape buffer is located along the south side of the parking area and driveway/fire lane.

The proposed landscaping includes various evergreen and ornamental trees, shrubs, grasses, perennials, ground cover, and vines. A new sidewalk and street trees are proposed along Inspiration Drive down to Dublin Boulevard.

A series of retaining walls is located along the north side of the building. The walls are bordered with landscape along the bottom edge and along the top between the wall and Inspiration Drive. The project site is surrounding by the natural hillside on the south, east and north. The proposed landscape plan is shown in the Project Plans on Sheets L-1.1 and L1.2 The draft Resolution approving the Site Development Review Permit is included as Attachment

12. The Project Plans are included as Attachment 13.

Tentative Parcel Map
The proposed assisted living facility includes a request for Tentative Parcel Map No. 11241 to create two parcels: 1) the northern parcel (8.02 acres) consistent with the boundaries of the existing conservation easement; and 2) the southern parcel (4.68 acres) for the proposed project site. It is anticipated that the northern parcel will continue to be owned by the Valley Christian Center and the southern parcel will be sold to and owned by the Applicant.

The Dublin Municipal Code (DMC) requires that all existing and proposed utility distribution facilities within a subdivision and along project streets be placed underground. DMC Section

9.32.040 provides for relief through a request for exception. The request for the exception is reviewed and considered by the City Engineer and based on balancing the requirements of the public health, safety, and general welfare with the feasibility of meeting by reason of economic feasibility, soil, topography, compatibility of surrounding area, and future potential number of building sites affected. The Applicant submitted an exception request to not underground the existing utilities along Dublin Boulevard, which was reviewed by and is 243

supported by the City Engineer.

The draft Resolution approving the Site Development Review Permit and Tentative Parcel Map No. 11241 is included as Attachment 12. The Project Plans are included as Attachment 13 and Tentative Parcel Map No. 11241 is included as Attachment 14.

Public Art Compliance
The applicant intends to satisfy the requirements of the City’s Public Art Ordinance for both projects through the payment of in lieu fees. Condition of Approval No. 18 in the Resolution approving the Site Development Review Permit captures this requirement (Attachment 12).

CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE:

The proposed memory care facility and assisted living facility and their respective site improvements are consistent with the General Plan land use designation of Public/SemiPublic, which allows quasi-public uses such as senior centers, special needs program facilities and other similar services and benefit to the community. These uses and improvements are consistent with the proposed Planned Development Zoning.

REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:

The Building and Safety Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. Conditions of approval from these departments and agencies have been included in the attached Resolution pertaining to the Site Development Review Permit for the Memory Care Facility (Attachment 4) and the attached Resolution pertaining to the Site Development Review Permit and Tentative Parcel Map for the Assisted Living Facility (Attachment 12).

ENVIRONMENTAL DETERMINATION:

Development on the project site was previously addressed in the Environmental Impact Report (EIR) for the Valley Christian Center Expansion Program (State Clearinghouse No. 200212070).

On May 20, 2003, the Dublin City Council adopted Resolution No. 92-03, certifying an EIR for the Valley Christian Center.

In 2018, the City adopted a Supplemental Mitigated Negative Declaration supported by an Initial Study1(2018 Supplemental IS/MND) to evaluate proposed changes to the Valley Christian Center Expansion Program, including conversion of the softball field to a football 1 City of Dublin. 2018. Valley Christian Center Supplemental Mitigated Negative Declaration / Initial Study, Planning Application Number: PLPA-2014-00052.
244

athletic field, expansion of an existing athletic field to accommodate the relocated softball field, construction of a central plaza, and associated parking and landscape improvements.

Consistent with the requirements of the California Environmental Quality Act (CEQA), including Section 21166 and related CEQA Guidelines Sections 15162 and 15163, the City prepared an Initial Study to determine whether additional environmental review was required for the proposed Inspiration Drive Memory Care and Assisted Living projects, which determined that there were new potentially significant impacts associated with the project related to aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise; therefore, a Supplemental Mitigated Negative Declaration (State Clearinghouse No. 2021110251) was prepared to analyze the impacts and identify mitigation measures for those impacts. The environmental effects of the project are discussed in detail in the Supplemental Mitigated Negative Declaration for the project.

The project is subject to mitigation measures identified in the Supplemental Mitigated Negative Declaration and the previously adopted EIR, as applicable. The City will monitor the Applicant’s compliance with mitigation measures as the project is constructed and operated under the Mitigation Monitoring and Reporting Program adopted in conjunction with the project approvals.

The Supplemental Mitigated Negative Declaration/Initial Study was circulated for a public review period from November 18, 2021, to December 17, 2021. No comments were provided.

At the time the environmental review was completed, it was assumed that a General Plan Amendment was necessary for the Assisted Living project and was, therefore, included in the analysis. The change to the project description to not include a General Plan Amendment does not impact this analysis. No impacts associated with the General Plan Amendment were identified and, therefore, no new analysis is required.

The Resolution adopting the Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is included as Attachment 1. The Initial Study/Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are included as Attachment 2.

PLANNING COMMISSION REVIEW:

On April 12, 2022, the Planning Commission held a study session on the proposed projects.

Staff and the Applicant provided presentations. The Planning Commission asked various questions and made comments regarding emergency vehicle access, parking lot design and grading, retaining walls, architectural features and articulation of the building facades, landscaping and the potential for additional oak trees, and the layout of the interior spaces.

One member of the public addressed the Planning Commission and spoke in opposition to the project.
245

On April 26, 2022, the Planning Commission held a public hearing on the proposed projects. As part of the public hearing, 19 members of the public provided comments regarding the project. The public expressed concerns regarding short-term health impacts related to construction, increase in traffic, impacts to views, and biological resources on the property.

The Planning Commission adopted Resolution No. 22-04 and Resolution No. 22-05 recommending approval of the Inspiration Drive Memory Care and Assisted Living Projects, respectively (refer to Attachments 9 and 15).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

Two City-led Community Meetings were held on December 8 and 9, 2021, to provide Dublin residents with information about the proposed Inspiration Drive Memory Care and Assisted Living projects. In addition to Staff and the Applicant, four community members attended the first meeting, and eight members attended the second meeting. Questions were asked about accessing project information, project timing and the City’s role in the infrastructure improvements.

In addition, the Applicant team held their own community outreach meetings. A total of six meetings were held with various parties including the Las Palmas Homeowner’s Association, Hansen Hills Neighborhood, California Highlands, Valley Christian Church members, and other adjacent residents. A copy of a community engagement summary provided by the Applicant is attached as Attachment 16.

In response to the City Council’s request during the General Plan Amendment Study Initiation, the Applicant installed story poles showing the mass and scale of the proposed projects. Story poles were erected in early December 2021.

In addition, the City Council held a Study Session on April 5, 2022, and the Planning Commission held a Study Session on April 12, 2022.

On April 26, 2022, a comment letter on behalf of East Bay Residents for Responsible Development was submitted challenging the Supplemental Mitigated Negative Declaration.

Though not required by CEQA, the City prepared a response to the comment. A copy of this letter along with all other written public comments received on the proposed project until the publication of this report is included as Attachment 17. A copy of the City’s response is included as Attachment 18.
246

In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant.

ATTACHMENTS:
1) Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects (PLPA-2020-00044 and PLPA-2020-00045)
2) Exhibit A to the Resolution - Initial Study / Supplemental Mitigated Negative Declaration 3) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project
4) Resolution Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project
5) Exhibit A to the Resolution - Memory Care Project Plans 6) Resolution Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement
7) Resolution Approving a Purchase and Sale Agreement with Valley Christian Center for Exempt Surplus Former Right-of-Way on Dublin Boulevard
8) Exhibit A to the Resolution – Draft Purchase and Sale Agreement 9) Planning Commission Resolution No. 22-04
10) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project
11) Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center
12)Resolution Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project 13) Exhibit A to the Resolution - Assisted Living Project Plans 14) Exhibit B to the Resolution - Tentative Parcel Map No. 11241 15) Planning Commission Resolution No. 22-05
16) Community Engagement Summary by Fulcrum Development 17) Public Comments
18)Response to Environmental Review Comments – May 2022 247

STAFF REPORT

CITY COUNCIL

Agenda Item 4.9
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with the County of Alameda for Fiscal Year 2022-23 Additional Library Services
Prepared by: Judy A Miller, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider approving an agreement with the County of Alameda to provide 23 hours of library services per week at the Dublin Public Library for Fiscal Year 2022-23. These hours are in addition to the County’s base service level of 28 hours per week. There is no change in the number of hours from the Fiscal Year 2021-22 Agreement.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2022-23.

FINANCIAL IMPACT:

The City’s cost to fund 23 additional operating hours of library services during Fiscal Year 2022- 23 is $638,400, which is included in the proposed Fiscal Year 2022-23 Budget.

DESCRIPTION:

Through an operational agreement executed in October 2002, the County of Alameda operates library-related activities in the Dublin Library building. It also provides equipment related to the general operation of the Library, while the City owns and maintains the building. On an annual basis, the City and County enter into an agreement for operational hours.

The County of Alameda provides a base service level of 28 operating hours per week. The City of Dublin has consistently provided funding to the County of Alameda to extend the number of hours the Library is open to the public. As proposed, the City would continue to provide funding for an additional 23 operating hours per week, excluding County-observed holidays, for a total of 51 248

operating hours per week. This number of hours has remained the same since Fiscal Year 2016-

17. During Fiscal Years 2019-20 and 2020-21, the City’s actual costs were reduced in proportion to the reduction of operating hours available to the public due to the COVID-19 pandemic, and the County of Alameda opted to waive the typical annual increase of 5%. The Library returned to its regular operating hours on September 19, 2021 and has operated at 51 hours per week since then.

The Library adjusts its funding request as needed to account for changes related to staffing and operational costs. The table below provides a five-year history of City funding levels for additional Library services.

Table 1: FIVE-YEAR HISTORY OF ADDITIONAL HOURS AND FUNDING LEVELS Fiscal Year Contracted # of
Additional Hours
Contracted Funding
Level Actual Funding Level
2022-2023 23
(proposed)
$638,400
(proposed)
$638,400
(anticipated)
2021-2022 23 $608,932 $570,874
2020-2021 23 $608,932 $494,757
2019-2020 23 $608,932 $456,699
2018-2019 23 $579,936 $579,936
2017-2018 23 $552,320 $552,320
STRATEGIC PLAN INITIATIVE:

None
NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2022-23
2) Exhibit A to the Resolution – Agreement Between the City of Dublin and the County of Alameda for Additional Library Services for Fiscal Year 2022-23 249
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT WITH THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2022-23
WHEREAS, the County of Alameda provides funding for a base level of 28 hours of service per week for Library Services, excluding County-observed holidays, at the Dublin branch of the Alameda County Library system; and
WHEREAS, the City of Dublin proposes to fund an additional 23 hours of service a week in the amount of $638,400 for Fiscal Year 2022-23, excluding County-observed holidays, for a total of 51 open hours per week; and
WHEREAS, funding will be appropriated in the Fiscal Year 2022-23 Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2022-23, attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
250
Attachment 2
Exhibit A to the Resolution

AGREEMENT BETWEEN THE

CITY OF DUBLIN

AND THE

COUNTY OF ALAMEDA
FOR

ADDITIONAL LIBRARY SERVICES
FOR FISCAL YEAR 2022-23
The County of Alameda and the City of Dublin enter into this Agreement as Follows:

WHEREAS, current funding levels for County Library services limit the number of open hours per week at the Dublin Branch of the Alameda County Library system; and WHEREAS, the citizens of Dublin wish to have the Dublin Branch Library open more than the County-funded hours per week; and
WHEREAS, the Dublin City Council has authorized funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 23 additional hours per week for a total of 51 open hours per week: therefore,
The City of Dublin and the County of Alameda agree to provide an average of 23 additional hours per week of Library services at the Dublin Branch of the Alameda County Library system, subject to the following terms and conditions.

TERMS AND CONDITIONS
1) Time Period: This agreement will be in effect from July 1, 2022, to June 30, 2023.
2) Services Described: During the period specified above, the County agrees to provide 23 additional open hours per week of library service at the Dublin Branch Library, excluding County observed holidays, in order to maintain a total weekly schedule of open hours at the Dublin Branch Library at 51 hours per week.
3) Payments: The City of Dublin agrees to pay the County of Alameda $638,400 in four (4) quarterly installments as follows:

September 30, 2022, $159,600.00
December 31, 2022, $159,600.00
March 31, 2023, $159,600.00
June 30, 2023, $159,600.00
In the event the County provides fewer than 23 additional hours per week, quarterly payments for that period shall be reduced proportionately. Payments shall be due and payable upon receipt of quarterly billing statements in conjunction with the dates stated above. In addition to the amounts stated above, interest of 5 percent / month shall be 251

payable, for any payment which is more than 30 days overdue. 4) Extension: All terms and conditions of this agreement may be extended, by mutual written agreement, on a year-to-year basis or as otherwise agreed to by the parties, provided the amount paid by the City of Dublin to the County of Alameda is adjusted annually to reflect increases/decreases to the costs connected with providing the services.
5) Periodic Activity Reports: Activity reports will be provided by the County Librarian to the designated City Staff on a quarterly basis to coincide with the issuance of quarterly billing statements. Dublin City Council or City Staff may request additional reports or presentations at any time.
6) Option to Terminate or Renegotiate Agreement: In the event that either party determines that it no longer has sufficient funding or staffing to meet the obligations of this agreement, that party may terminate or renegotiate this Agreement by giving at least thirty (30) days written notice.
7) Liability:
a) No persons engaged in the performance of services and functions under this Agreement shall be considered City employees or gain rights to City pension, Civil service, or other City employment status or right by way of this Agreement. b) The City shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this Agreement.

Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment.
c) The County will assume liability and pay cost of defense and hold the City harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of County officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California. d) The County will, at its own cost and expense, procure insurance for its Library events held in the Dublin Library Parking Lot area in entirety in connection with this agreement.

The County will furnish insurance certificates to City prior to the event date. e) The City will assume liability and pay costs of defense and hold the County harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of City officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code of the State of California. 252

f) The provisions of this paragraph shall apply only to liability arising out of the performance by the Parties of their obligations under this Agreement. 8) Notices: Notices pertaining to this agreement shall be sent to the following:

CITY: COUNTY:

City Manager President, Board of Supervisors

CITY OF DUBLIN COUNTY OF ALAMEDA
100 Civic Plaza Administration Building
Dublin, CA 94568 1221 Oak Street
Oakland, CA 94612
County Librarian

ALAMEDA COUNTY LIBRARY
2450 Stevenson Boulevard
Fremont, CA 94538
253

IN WITNESS WHEREOF:

The parties hereto have executed this Agreement the day and year first above written, and County has hereunto caused its corporate name to be signed by its President of the Board of Supervisors, who is hereunto duly authorized the day and year first above written.

CITY OF DUBLIN COUNTY OF ALAMEDA
By: _______________________ By: ____________________________ Mayor President of the Board of Supervisors
City of Dublin County of Alameda
State of California State of California
Date: ___________________________ Date: __________________________ ATTEST:

By: ___________________________ By: __________________________ City Clerk Clerk of the Board of Supervisors

APPROVED AS TO FORM APPROVED AS TO FORM
By: ___________________________ By: __________________________ City Attorney Deputy County Counsel
254

DUBLIN LIBRARY
FY 2022-23 Projected Budget
EXPENSES:

Branch Personnel (18.65 FTE) $1,875,422
Services & Supplies $475,000
*All other Direct Cost $1,883,512
Total Direct Costs (Sub Total) $4,233,934
**Admin. Cost $1,147,136
GRAND TOTAL $5,381,070
*Direct Cost include share of Material costs, ITD cost and cost of Learning Group Services (Bookmobile: Literacy: Senior Services and Services to those with Disability) **System Wide Support includes the shared cost of Administration.

REVENUE:

County Library Property Tax $4,729,512 (28 Base Hours)
(Collection in Dublin)
City Contract $638,400 (23 Add. Hours)
Other County Library Funds $13,158
GRAND TOTAL $5,381,070
255

STAFF REPORT

CITY COUNCIL

Agenda Item 4.10
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendment to the Agreement with the County of Alameda for Traffic Signal Maintenance, Street Lighting Maintenance, and Real Estate Services Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY:

The City Council will consider amending the agreement with the County of Alameda Public Works for traffic signal maintenance, street lighting maintenance, and real estate services to extend the term through June 30, 2025 and expand the list of maintenance locations.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Amendment to the Agreement Between the City of Dublin and County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services.

FINANCIAL IMPACT:

Included in the Fiscal Year 2022-23 Budget is $225,000 for traffic signal maintenance funded by the General Fund, and $177,572 for street light maintenance ($88,786 from the Citywide Street Lighting District 1983-1, and $88,786 from the Dublin Ranch Street Lighting District 1999-1).

DESCRIPTION:

Background
The City has contracted with Alameda County for traffic signal maintenance services since the City’s incorporation in 1982. Street lighting maintenance and real estate services were added to the contract in 1993. The City Council last considered this agreement with Alameda County on June 20, 2017 and extended the term of services for five years. The current agreement is set to expire on June 30, 2022.

Services Provided
Under the terms of the agreement, services are provided on both a routine and as-needed basis 256

and charged on a time-and-materials basis. The City receives a detailed monthly bill showing the hours spent, costs, and materials used at each intersection and for street lighting maintenance.

There is no markup on materials.

The services typically provided under traffic signal maintenance include the following:
 A quarterly visit to each signalized intersection for the purpose of routine maintenance.

Routine maintenance includes the activities as outlined in the agreement. The maintenance interval between subsequent cycles has been increased from 90 days to 120 days (quarterly) to accommodate rising costs and to spread the maintenance activity evenly throughout the year.
 24-hour callout service for non-routine activities such as complaint investigation, repairs, or Underground Service Alert (USA) marking.
 Traffic signal repairs, either at the City’s request or in response to a condition noted by a County technician.

The services typically provided under street lighting maintenance are:
 Routine maintenance or repair of streetlights, including artwork lighting. Street lighting maintenance also includes 24-hour callout service for pole knockdowns or other situations that may create a safety concern.

Staff consults with County personnel for the review of signal and lighting construction plans. The County also provides as-needed signal and street lighting inspection services for City and private development projects. Staff uses County personnel to provide these services because of the level of expertise required and to identify deficiencies that might become future maintenance issues.

Real Estate Services typically include appraisals, negotiations, and/or legal documentation, such as deeds or rights of entry related to acquisitions for road improvements or other projects. These services are billed on a time-and-materials basis and are utilized only as needed by the City for specific projects.

Performance Review
The number of traffic signals in the City has increased from 95 to 96 since the last contract review was completed in 2017. The City expects that the number of traffic signals will increase to approximately 100 within the next few years. The proposed amendment also adds the five Rectangular Rapid Flashing Beacon and Speed Radar Feedback Signs to the list of maintenance locations. Routine maintenance has continued according to a pre-set schedule and the response time for callouts has not increased. The traffic signal and street light crew consist of a working supervisor and two technicians.

Exhibit A to the amendment identifies a specific maintenance schedule and services. The liability exposure related to traffic control devices is high, and it is important to note that the agreement 257

indemnifies the City for any incidents which may occur related to the maintenance of traffic signals.

The City currently owns 4,535 street lights. The City's performance standard for street light repairs provides that the repair will occur within five business days unless the repair is of an extraordinary nature. This standard is written into the agreement and the response has typically been within a shorter time frame. A more typical response time is 48 hours from the submittal of the repair work order.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Amendment to the Agreement Between the City of Dublin and County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services 2) Exhibit A to the Resolution - Amendment No. 6 to Agreement Between the City of Dublin and County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services 3) Attachment 3 – 1998 Agreement between Alameda County and the City of Dublin 4) Attachment 4 - Prior Amendments to the 1998 Agreement between Alameda County and the City of Dublin
258
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN

AND COUNTY OF ALAMEDA FOR TRAFFIC SIGNAL AND STREET LIGHTING

MAINTENANCE, AND REAL ESTATE SERVICES
WHEREAS, the City of Dublin and County of Alameda entered into an agreement dated July 1, 1998, for the provision of Traffic Signal Maintenance, Street Lighting Maintenance, and Real Estate Services; and
WHEREAS, the City of Dublin and County of Alameda entered into an amendment to the agreement dated July 1, 2003, to extend services for an additional five years; and WHEREAS, the City of Dublin and County of Alameda entered into an amendment to the agreement dated July 1, 2008, to extend services for an additional three years; and WHEREAS, the City of Dublin and County of Alameda entered into an amendment to the agreement dated July 1, 2011, to extend services for an additional three years; and WHEREAS, the City of Dublin and County of Alameda entered into an amendment to the agreement dated July 1, 2014, to extend services for an additional three years; and WHEREAS, the City of Dublin and County of Alameda entered into an amendment to the agreement dated July 1, 2017, to extend services for an additional five years; and WHEREAS, said amended agreement expires on June 30, 2022; and WHEREAS, the City desires to extend the agreement for an additional three years, expiring on June 30, 2025, and to expand the list of maintenance locations; and WHEREAS, the services provided by the County of Alameda have been appropriate and acceptable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves Amendment No. 6 to Agreement with the County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to the Agreement, attached hereto as Exhibit A, and make any necessary, nonsubstantive changes to carry out the intent of this Resolution. 259
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
260
AMENDMENT NO. 6 TO AGREEMENT BETWEEN CITY OF DUBLIN AND

COUNTY OF ALAMEDA FOR TRAFFIC SIGNAL AND

STREET LIGHTING MAINTENANCE, AND REAL ESTATE SERVICES
This Amendment to Agreement ("Amendment") is made by the County of Alameda (COUNTY) and the City of Dublin (CITY) with respect to that certain agreement entered by them on July 1, 1998 (referred to herein as the "Agreement").

WHEREAS, the CITY and COUNTY entered into an Agreement dated July 1, 1998, for provision of Traffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards, and Real Estate Services; and
WHEREAS, the CITY and COUNTY entered into an amendment to the Agreement dated July 1, 2003, to extend services for an additional five years, remove crossing guard services, modify the schedule of maintenance frequency, and expand the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an amendment to the Agreement dated July 1, 2008, to extend services for an additional three years, expanding the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an Amendment to the agreement dated July 1, 2011, to extend services for an additional three years, expanding the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an Amendment to the agreement dated July 1, 2014, to extend services for an additional three years, expanding the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an Amendment to the agreement dated July 1, 2017, to extend services for an additional five years, expanding the list of maintenance locations; and
WHEREAS, said Agreement expires on June 30, 2022; and
WHEREAS, the CITY desires to extend the Agreement for an additional three years and expand the list of maintenance locations; and WHEREAS, the CITY desires to add services provided by the COUNTY for new or upgraded facilities and equipment since the execution of the last Amendment.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Extension of Term: The Agreement is amended to extend the termination date to June 30, 2025.

2. Revised Exhibit A: Exhibit A (Signal Maintenance) of the Agreement is replaced in its entirety with the Revised Exhibit A, attached hereto, to modify the bi-monthly to a quarterly maintenance schedule and to add electronic sign maintenance to the list of installations covered by the agreement.

Attachment 2
261

3. Except as expressly modified by this Amendment, all of the terms and conditions of the Agreement, as previously amended, are and remain in full force and effect.

CITY OF DUBLIN COUNTY OF ALAMEDA
Linda Smith, City Manager
ATTEST:

President, Board of Supervisors
Marsha Moore, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

County Counsel
John Bakker, City Attorney By: Kathy Lee, Deputy
I hereby certify under penalty of perjury that the President of the Board of Supervisors has been duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ;and that a copy has been delivered to the President as provided by Government Code Section 25103.

Dated:

Clerk, Board of Supervisors
County of Alameda, State of California
262
REVISED EXHIBIT "A" TO THE

AGREEMENT TRAFFIC SIGNAL

MAINTENANCE SERVICES

1. The COUNTY shall construct, reconstruct, operate, maintain, and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were in the unincorporated area of COUNTY; the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY.

2. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to supervision, management, and control of traffic signals within its boundaries.

3. COUNTY shall provide for the maintenance of certain approved traffic signal systems at intersections (as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance as follows:

1. Services
A. COUNTY will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this Agreement in satisfactory working condition. A general guideline for said services is included in this Exhibit. Such services shall include the following: patrolling, emergency service, relamping, necessary minor repairs and adjustments, replacement of controller, equipment, detectors, poles, signal heads, and lamps. Installation of additional facilities is not a routine maintenance function under provisions of this paragraph.

B. COUNTY shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment and signal interconnect due to obsolescence, wear, or inadequacy and repair due to extensive damage from any cause.

C. COUNTY shall perform all necessary vandalism and collision repairs.

D. At CITY's written direction, COUNTY shall perform new construction inspection services for traffic signal installations and provide reports of any deficiencies, irregularities, or deviations from CITY's approved plans and specifications.

2. Costs and Repairs
A. Labor, equipment, and material costs for routine maintenance, including relamping, shall be assessed directly against the installation involved. Such costs shall be the actual costs for labor, parts, and equipment used and/or actually expended in each particular instance.
263
B. Extraordinary maintenance costs and costs for vandalism and collision repair shall be assessed directly against the installations involved. Such costs shall be the actual costs of labor, parts, and equipment used and/or actually expended in each particular instance. In order to ensure budget control, the COUNTY Deputy Director - Maintenance and Operations shall approve all extraordinary repairs prior to the beginning of work and, except for emergency situations, shall consult with CITY before proceeding.

3. Installations Covered
The number and location of all signal installations covered by the terms of this agreement are amended as follows:

1. Amador Valley Boulevard/ Regional Street

2. Amador Valley Boulevard / Donohue Drive/ Starward Drive

3. Amador Valley Boulevard / Amador Plaza Road

4. Amador Valley Boulevard / Village Parkway.

5. Amador Valley Boulevard / Stagecoach

6. Amador Valley Boulevard / Dougherty Road

7. Dublin Boulevard / Dougherty Road

8. Dublin Boulevard / Dublin Court.

9. Dublin Boulevard / Sierra Court

10. Dublin Boulevard / Clark Road

11. Dublin Boulevard / Village Parkway.

12. Dublin Boulevard / Amador Plaza Road

13. Dublin Boulevard / Golden Gate Drive

14. Dublin Boulevard / Regional Street

15. Dublin Boulevard / San Ramon Road

16. Amador Valley/ San Ramon Road

17. San Ramon Road/ Silvergate Drive

18. San Ramon Road/ Shannon Avenue

19. San Ramon Road/ Vomac Road

20. Village Parkway/ Lewis Avenue

21. Dougherty Road/ Sierra Court

22. Dublin Boulevard / DeMarcus Boulevard

23. Dublin Boulevard / Iron Horse Parkway

24. Dublin Boulevard / Hacienda Drive

25. Dublin Boulevard / Hibernia Drive

26. Dublin Boulevard / Myrtle Street

27. Dublin Boulevard / Tassajara Road

28. Dublin Boulevard / Hansen Drive

29. Dougherty Road/ Scarlett Drive

30. Hacienda Drive/ Central Parkway.

31. Hacienda Drive/ Summer Glen Drive

32. Hacienda Drive / Hacienda Crossings-Martinelli Way

33. Tassajara Road / Gleason Drive
264

34. Gleason Drive
/ Creekview Drive

35. Tassajara Road/ South Dublin Ranch Drive

36. Tassajara Road/ North Dublin Ranch Drive

37. Tassajara Road/ Central Parkway

38. Tassajara Road/ The Shops (Waterford)

39. Tassajara Road/ Dublin Corporate Way

40. Dublin Boulevard / John Monego Court

41. Dublin Boulevard/ Glynnis Rose Drive

42. Dublin Boulevard/ Park Place / Persimmons Place

43. Dublin Boulevard/ Arnold Road

44. Dublin Boulevard / Scarlett Drive

45. Amador ValleyI Iron Horse Trail

46. Village Parkway/ Tamarack Drive

47. Village Parkway / Brighton Drive

48. Village Parkway / Davona Drive

49. Central Parkway/ Arnold Road

50. Hacienda Drive Drive/ Gleason Drive

51. Central Parkway/ Hibernia Drive

52. Dougherty Road/ Willow Creek Road

53. Dublin Boulevard/ Brannigan Street

54. Central Parkway/ Brannigan Street

55. Fallon Road/ Antone Way

56. Fallon Road/ Bent Tree Drive

57. Fallon Road/ Kingsmill Terrace-Signal Hill Drive

58. Fallon Road/ Turnberry Drive

59. Central Parkway/ Glynnis Rose Drive

60. Central Parkway/ Tassajara Road Creek Trail

61. Central ParkwayI Kelton Street

62. Dublin Boulevard/ Grafton Street

63. Dublin Boulevard/ Carnmore Place

64. Dublin Boulevard/ Keegan Street

65. Central ParkwayI Keegan Street

66. Fallon Road/ Gleason Drive

67. Tassajara Road/ Quarry Lane School

68. Tassajara Road/ Silvera Ranch Drive

69. Tassajara Road/ Fallon Road

70. Central Parkway/ Lockhart Street

71. Gleason Drive/ Lockhart Street

72. Martinelli Way/ Arnold Road

73. Martinelli Way/ Persimmon Place

74. Gleason Drive/ Brannigan Street

75. Gleason Drive/ Grafton Street

76. Dublin Boulevard/ Inspiration Drive

77. Central Parkway Grafton Street

78. Central Parkway/ Montalcino-Chancery Streets

79. Dublin Boulevard/ Schaefer Ranch Road
265

80. Fallon Road/ Positano Parkway

81. Positano Parkway/ West Cantara Drive

82. Dublin Boulevard / Lockhart Street

83. Dublin Boulevard / Fallon Road

84. Fallon Road/ Central Parkway

85. Fallon Road / Silvera Ranch Drive

86. Fallon Road / Cydonia Court

87. Dublin Boulevard / Silvergate

88. Amador Valley Boulevard/ Brighton Drive

89. Dublin Boulevard /Fallon Gateway

90. Fallon Road/Fallon Gateway

91. Positano Parkway / La Strada Drive

92. Positano Parkway/ Vinton Avenue

93. Dougherty Road Road/ South Mariposa Circle

94. Central / Sunset View Drive

95. Tassajara Road/Palisades Drive

96. Arnold Road/Horizon Parkway

97. Scarlett Drive/Horizon Parkway (Future)

98. Scarlett Drive/Houston Place (Future)

99. Central Parkway/Park Place (Future)
At CITY's option, the above locations may be amended to adjust the number and/or location of signal installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/her designee.

4. Maintenance Guidelines
COUNTY shall make every reasonable effort to maintain CITY's traffic signals in accordance with the listed guidelines. With City’s Approval, the maintenance schedule may vary due to lack of personnel or other unforeseen circumstances. Timing and programming functions shall be CITY's responsibility.

QUARTERLY SERVICE

1. Check cycling.

2. Visual check of controller for extension, detection, and normal operation.

3. Check cabinet ventilation fan for thermal control and operation.

4. Check all vehicle detector units for tuning and operation.

5. Check all vehicle and pedestrian heads for operation and alignment.

6. Check all pedestrian buttons and pedestrian instruction signs check condition of pull box lids within walkway of intersection.

7. Visual check of the cabinet and vacuum cabinet and check air filter.

8. Check for presence of all prints and maintenance record card. 266

9. Visual check of roadway for asphalt failure or unapproved road construction which affects vehicle detection operation.

10. Perform any repairs needed for optimum function of traffic signal.

11. Clean all camera lenses

ANNUAL SERVICE
Clean all signal lenses, microwave detection devices, and EVP (emergency vehicle pre-emption) units.

RELAMP AS-NEEDED
On-going LED indicators to be relamped on an as-needed basis rather than all at once. Location list provided by CITY.

ELECTRONIC SIGN MAINTENANCE AS-NEEDED
Electronic signs include, but are not limited to, Rectangular Rapid Flashing Beacons (RRFB) and Speed Radar feedback signs to be maintained and serviced as-needed. The location of existing RRFB is provided below. Location of Speed Radar feedback signs is presented attached here as Exhibit I to Exhibit A.

Locations of RRFB:

1. Golden Gate Drive at West Dublin/Pleasanton BART Station

2. Amador Valley Boulevard at Ranch 99

3. Amador Valley Boulevard at Wildwood Road

4. Willowcreek Drive

5. Rutherford Drive.

At CITY's option, the above locations may be amended to adjust the number and/or location of RRFB and Speed Radar feedback sign installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/her designee.
267
Exhibit 1 to Exhibit A – Location of Speed Feedback Signs. 268
Attachment 3
269
270
271
272
273
274
275
276
277
278
279
EXHIBIT " A" OF RESOLUTION as -03

AMENDMENT TO AGREEMENT WITH
ALAMEDA COUNTY. FOR TRAFFIC SIGNAL MAINTENANCE,

STREET LIGHTING MAINTENANCE, AND REAL ESTATE SERVICES
WHEREAS, the City and Alameda County entered into an agreement dated July 1, 1998, for t provision ofTraffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards, and Real Estate Services; and
WHEREAS, said agreement expires on June 30, 2003; and
WHEREAS, WHE the City3' desires to extend the agreement an additional five years and to modify the agreement scope ofwork; and .

WHEREAS, the services provided by the County have been appropriate and acceptable; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Extension of Term: The agreement with Alameda County is amended to extend the termination date to TAW 3'0, 2008

2. Deletion of Crossing Guard Services: Exhibit B Crossing Guard Services is deleted from the agreement, as these services are no longer required.

3. Revised Exhibit A: Exhibit A( Signal Maintenance) is amended as per the attached to add new facilities and revise the maintenance frequency schedule.

CITY OF DUBLIN
i
Mayor
ATTEST:

6. , 0111114
City Clerk laejP9

COUNTY OF ALAMEDA
pd Board of Supervisors
I hereby certi underpenalty ofperjury that the Chairperson of the. Board of Superv; .. cs has - e ly authorized to execute this Y
I' l ° u° ; andthat a copy has been
document on behalf of the County ofAlameda by a majority vote of the Board on PY delivered to the Chairperson as provided by Government Code Section 25103.

AppiiWid as to Form Clerk, Board of
A
Sup Supervisors
ilCH`' ` • WINNIE, County Counsel County ofAlameda, State of California V
Attachment 4
280
EXHIBIT " A"

TRAFFIC SIGNAL MAINTENANCE SERVICES

1. The COUNTY Public Works Agency shall construct, reconstruct, operate, maintain and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were in the unincorporated area of COUNTY; the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY.

2. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to supervision, management, and control of traffic signals within its .boundaries.

3. COUNTY shall provide for the maintenance of certain approved traffic signal systems at intersections (as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance as follows:

1. Services
A. COUNTY will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this Agreement in satisfactory working condition. A general guideline for said services is included in this Exhibit. Such services shall include the following: patrolling, emergency service, relamping, necessary minor repairs and adjustments, replacement of controller, equipment, detectors, poles, heads, and lamps. Installation of additional facilities is not a routine maintenance function under provisions of this paragraph.

B. COUNTY shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment due to obsolescense, wear, or inadequacy and repair due to extensive damage from any cause.

C. COUNTY shall perform all necessary vandalism and collision repairs.

D. At CITY's written direction, COUNTY shall perform new construction inspection services for traffic signal installations and provide reports of any deficiencies, irregularities, or deviations from CITY's approved plans and specifications.

2. Costs and Repairs
A. Labor, equipment, and material costs for routine maintenance, including relmnping, shall be assessed directly against the installation involved. Such costs shall be the actual costs for labor, parts, and equipment used and/or actually expended in each particular instance.

B. Extraordinary maintenance costs and costs for vandalism and collision repair shall be assessed directly against the installations involved. Such costs shall be the actual costs of labor, parts, and equipment used and/or actually expended in each particular instance. In order to insure budget control, the Deputy Director - Maintenance and Operations shall approve all extraordinary repairs prior to the beginning of work and, except for emergency situations, shall consult with CITY before proceeding. 281

3. Installations Covered
The number and location of all signal installations covered by the terms of this agreement are as follows:

1. Amador Valley Boulevard/Regional Street

2. Amador Valley Boulevard/Donohue Drive

3. Amador Valley Boulevard/Amador Plaza Road

4. Amador Valley Boulevard/Village Parkway

5. Amador Valley Boulevard/Stagecoach Road

6. Amador Valley Boulevard/Dougherty Road

7. Dublin Boulevard/Dougherty Road

8. Dublin Boulevard/Dublin Court

9. Dublin Boulevard/Sierra Court

10. Dublin Boulevard/Clark Avenue

11. Dublin Boulevard/Village Parkway

12. Dublin Boulevard/Amador Plaza Road

13. Dublin Boulevard/Golden Gate Drive

14. Dublin Boulevard/Regional Street

15. San Ramon Road/Dublin Boulevard

16. San Ramon Road/Amador Valley Boulevard

17. San Ramon Road/Silvergate Drive

18. San Ramon Road/Shannon Avenue

19. San Ramon Road/Vomac Road

20. Village Parkway/Lewis Avenue

21. Dougherty Road/Sierra Lane

22. Dublin Boulevard and DeMarcus Blvd.

23. Dublin Boulevard and Iron Horse Parkway

24. Dublin Boulevard and Hacienda Drive

25. Dublin Boulevard and Hibernia Drive

26. Dublin Boulevard and Myrtle Drive

27. Dublin Boulevard and Tassajara Road

28. Dublin Boulevard and Hansen Drive

29. Dougherty Road and Scarlett Drive

30. Hacienda Drive and Central Parkway

31. Hacienda Drive and Summerglen Drive

32. Hacienda Drive and Hacienda Crossings

33. Tassajara Road and Gleason Drive

34. Gleason Drive and Creekview Drive

35. Tassajara Road and South Dublin Ranch Drive

36. Tassajara Road and North Dublin Ranch Drive

37. Tassajara Road and Central Parkway

38. Tassajara Road and "The Shops" Driveway Entrance

39. Tassajara Road and Koll Center

40. Dublin Boulevard and John Monego Court

41. Dublin Boulevard and Glynnis Rose Drive

42. Dublin Boulevard and Sybase Drive

43. Dublin Boulevard and Arnold Road

44. Dublin Boulevard and Scarlett Drive

45. Amador Valley Boulevard and Iron Horse Trail Crossing

46. Village Parkway and Tamarack Drive
282

47. Village Parkway and Brighton Drive

48. Village Parkway and Davona Drive

49. Central Parkway and Arnold Road

50. Gleason Drive and'Hacienda Drive

51. Central Parkway and Hibernia Drive

52. Dougherty Road and Willow Creek Drive

53. Dublin Boulevard and Brannigan Street

54. Central Parkway and Brannigan Street

55. Fallon Road and Antone Way

56. Fallon Road and Bent Tree Drive

57. Fallon Road and Kingsmill Terrace

58. Fallon Road and Turnberry Drive

59. Central Parkway and Glynnis Rose Drive (future)

60. Central Parkway and Tassajara Creek Trail Crossing (future)

61. San RamOn Road and 1-580 W/B Offramp (future)
At CITY's option, the above locations may be amended to adjust the number and/or location of signal installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/her designee.

4. Maintenance Guidelines
COUNTY shall make every reasonable effort to maintain CITY's traffic signals in accordance with the listed guidelines. The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances.

Timing and programming functions shall be CITYts responsibility.

BI-MONTHLY SERVICE

1. Check Cycling.

2. Visual check of controller for extension, detection, and normal operation.

3. Check cabinet ventilation fan for thermal control and operation.

4. Check all vehicle detector units for tuning and operation.

5. Check operation and adjustment of all external relays.

6. Check all vehicle and pedestrian heads for operation and alignment.

7. Check all pedestrian buttons and pedestrian instruction signs check condition of pull box lids within walkway of intersection..

8. Vacuum cabinet and check air filter.

9. Check for presence of all prints and maintenance reCord card.

10. Visual check of roadway for asphalt failure or unapproved road construction which affects vehicle detection operation.

11. Perform any repairs needed for optimum function of traffic signal.

ANNUAL SERVICE
Clean all lenses and EVP (emergency vehicle pre-emption) units.

BI-ANNUAL RELAMP
Incandescent yellow indications to be relamped every two years. z: lcontract\ 2003signals~amendment
283
284
285

3. Installations Covered
The number and location of all signal installations covered by the terms of this agreement are as follows:

1. Amador Valley Boulevard/Regional Street

2. Amador Valley Boulevard/Donohue Drive

3. Amador Valley Boulevard/Amador Plaza Road

4. Amador Valley Boulevard/Village Parkway

5. Amadar Valley Boulevard/Stagecoach Road

6. Amador Valley Boulevard/Dougherty Road

7. Dublin Boulevard/Dougherty Road

8. Dublin Boulevard/Dublin Court

9. Dublin Boulevard/Sierra Court

10. Dublin BoulevardlClark Avenue
1 l. Dublin Boulevard/Village Parkway

12. Dublin Boulevard/Amador Plaza Road

13. Dublin Boulevard/Golden Gate Drive

14. Dublin Boulevard/Regional Street

15. San Ramon Road/Dublin Boulevard

16. San Ramon Road/Amador Valley Boulevard

17. San Ramon Road/Silvergate Drive

18. San Ramon Road/Shannon Avenue

19. San Ramon Road/Vomac Road

20. Village Parkway/Lewis Avenue

21. Dougherty Road/Sierra Lane

22. Dublin Boulevard and DeMarcus Blvd.

23. Dublin Boulevard and Iron Horse Parkway

24. Dublin Boulevard and Hacienda Drive

25. Dublin Boulevard and Hibernia Drive

26. Dublin Boulevard and Myrtle Drive

27. Dublin Boulevard and Tassajara Road

28. Dublin Boulevard and Hansen Drive

29. Dougherty Road and Scarlett Drive

30. Hacienda Drive and Central Parkway

31. Hacienda Drive and Summerglen Drive

32. Hacienda Drive and Hacienda Crossings

33. Tassajara Road and Gleason Drive

34. Gleason Drive and Creekview Drive

35. Tassajara Road and South Dublin Ranch Drive

36. Tassajara Road and North Dublin Ranch Drive

37. Tassajara Road and Central Parkway

38. Tassajara Road and "The Shops" Driveway Entrance

39. Tassajara Road and Koll Center

40. Dublin Boulevard and John Monego Court

41. Dublin Boulevard and Glynnis Rose Drive

42. Dublin Boulevard and Sybase Drive

43. Dublin Boulevard and Arnold Road

44. Dublin Boulevard and Scarlett Drive

45. Amador Valley Boulevard and Iron Horse Trail Crossing G:\ alameda CONSULTANTS\ county contract~2008 amendment to street signal agreement.doc 286

46. Village Parkway and Tamarack Drive

47. Village Parkway and Brighton Drive

48. Village Parkway and Davona Drive

49. Central Parkway and Arnold Road

50. Gleason Drive and Hacienda Drive

51. Central Parkway and Hibernia Drive

52. Dougherty Road and Willow Creek Drive

53. Dublin Boulevard and Brannigan Street

54. Central Parkway and Brannigan Street

55. Fallon Road and Antone Way

56. Fallon Road and Bent Tree Drive

57. Fallon Road and Kingsmill Terrace

58. Fallon Road and Turnberry Drive

59. Central Parkway and Glynnis Rose Drive

60. Central Parkway and Tassajara Creek Trail Crossing

61. San Ramon Road and I-580 W/B Offramp

62. Dublin Boulevard and Grafton Drive

63. Dublin Boulevard and Canlmore Place

64. Dublin Boulevard and Keegan Street

65. Central Parkway and Keegan Street

66. Fallon Road and Gleason Drive

67. Tassajara Road and Quarry Lane School

68. Tassajara Road and Silvera Ranch Drive

69. Tassajara Road and Fallon Road

70. Central Parkway and Lockhart Drive

71. Gleason Drive and Lockhart Drive
72: Martinelli Way and Arnold Road

73. Martinelli Way and Center (IKEA) Drive

74. Gleason Drive and Brannigan Street

75. Gleason Drive and Grafton Drive

76. Dublin Boulevard and Inspiration Circle

77. Central Parkway and Montalcino Street-Chancery Lane

78. Central Parkway and Grafton Drive

79. Fallon Road and Silvera Ranch Drive (future)

80. Fallon Road and Cydonia Drive (future)

81. Dublin Boulevard and Lockhart Drive (future)

82. Dublin Boulevard and Fallon Road (future)

83. Dublin Boulevard and Schaefer Ranch Road (future)

84. Dublin Boulevard and Silvergate Drive (future)

85. Fallon Road and Central Parkway (future)

86. Fallon Road and Positano Parkway (future)

87. Positano Parkway and West Cantara Drive (future)

88. Positano Parkway and Baroncelli Drive (future)
At CITY's option, the above locations may be amended to adjust the number and/or location of signal installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/her designee.

G:\ alameda CONSULTANTS\ county contract~2008 amendment to street signal agreement.doc 287 288
289
290
extraordinary repairs prior to the beginning of work and, except for emergency situations, shall consult with CITY before proceeding.

3. Installations Covered
The number and location of all signal installations covered by the terms of this agreement are amended as follows:

1. Amador Valley / Regional

2. Amador Valley / Donohue / Starward

3. Amador Valley / Amador Plaza

4. Amador Valley / Village Pkwy.

5. Amador Valley / Stagecoach

6. Amador Valley / Dougherty

7. Dublin / Dougherty

8. Dublin / Dublin Ct.

9. Dublin / Sierra

10. Dublin / Clark

11. Dublin / Village Pkwy.

12. Dublin / Amador Plaza

13. Dublin / Golden Gate

14. Dublin / Regional

15. Dublin / San Ramon

16. Amador Valley / San Ramon Rd

17. San Ramon / Silvergate

18. San Ramon / Shannon

19. San Ramon / Vomac

20. Village Parkway / Lewis

21. Dougherty / Sierra

22. Dublin / DeMarcus

23. Dublin / Iron Horse

24. Dublin / Hacienda

25. Dublin / Hibernia

26. Dublin / Myrtle

27. Dublin / Tassajara

28. Dublin / Hansen

29. Dougherty / Scarlett

30. Hacienda / Central Pkwy.

31. Hacienda / Summerglen

32. Hacienda / Hacienda Crossings- Martinelli

33. Tassajara / Gleason

34. Gleason / Creekview

35. Tassajara / South Dublin Ranch

36. Tassajara / North Dublin Ranch

37. Tassajara Road / Central Parkway

38. Tassajara Road / The Shops (Waterford)

39. Tassajara / KolI Center

40. Dublin / John Monego

41. Dublin / Glynnis Rose

42. Dublin / Sybase

43. Dublin / Arnold
291

44. Dublin
I Scarlett

45. Amador Valley / Iron Horse Trail

46. Village Parkway / Tamarack

47. Village Parkway / Brighton

48. Village Parkway / Davona

49. Central Parkway / Arnold

50. Hacienda Drive / Gleason Drive

51. Central Parkway / Hibernia

52. Dougherty / Willow Creek

53. Dublin / Brannigan Street

54. Central Parkway / Brannigan

55. Fallon Road / Antone

56. Fallon Road / Bent Tree

57. Fallon Road / Kingsmill- Signal Hill

58. Fallon Road / Turnberry

59. Central Parkway / Glynnis Rose

60. Central Parkway / Tassajara Creek Trail

61. San Ramon Road & 1- 580 (2 cabinets)

62. Dublin / Grafton

63. Dublin / Carnmore

64. Dublin / Keegan

65. Central/ Keegan

66. Fallon / Gleason

67. Tassajara / Quarry Lane School

68. Tassajara / Silvera Ranch

69. Tassajara / Fallon

70. Central/ Lockhart

71. Gleason / Lockhart

72. Martinelli / Arnold

73. Martinelli / Center ( IKEA)

74. Gleason / Brannigan

75. Gleason / Grafton

76. Dublin / Inspiration

77. Central/ Grafton

78. Central / Montalcino- Chancery

79. Dublin / Schaefer Ranch

80. Fallon / Positano

81. Positano / West Cantara

82. Dublin / Lockhart

83. Dublin / Fallon

84. Fallon / Central

85. Fallon / Silvera Ranch ( Future)

86. Fallon / Cydonia ( Future)

87. Dublin / Silvergate ( Future)

88. Amador Valley / Brighton ( Future)

89. Dublin/ Fallon (Target development) ( Future)

90. Fallon/ Fallon Gateway ( Target development) ( Future)

91. Dougherty / Arroyo Vista development ( Future)

92. Martinelli / Campus ( Future)

93. Positano / Jordan Ranch development ( Future)

94. Central/ Jordan Ranch development ( Future)
292
293
AMENDMENT TO AGREEMENT BETWEEN: CITY OF DUBLIN AND
COUNTY OF-ALAMEDA`FOR TRAFFIC SIGNAL AND

STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES
WHEREAS, the City of Dublin ( CITY) and County. of Alameda (COUNTY) entered•:into an agreement dated July: 1, 1998, for provision of Traffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards, and Real Estate Services; and.

WHEREAS, the CITY and COUNTY. entered into an amendment to the agreement dated July. 1, 2003, to extend services for an additional five years, remove crossing guard services, modify the schedule of maintenance frequency, and expand the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an amendme_nt to the agreement dated July 1, 2008, to extend =services for an additional three years, expanding the list of maintenance locations and
WHEREAS, the CITY and. COUNTY entered into an amendment to the agreement dated. July 1, 2011, to extend services for an additional three years, expanding the list of maintenance locations; and
WHEREAS, said agreement expires on June 30, 2014; and
WHEREAS, the CITY desires to extend the agreement an additional three years and to expand the list of maintenance loodations . and
WHEREAS, the services provided by the COUNTY. have been appropriate and. acceptable;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Extension of Term: The agreement with COUNTY is amended to extend the. termination date to June 30, 2017:. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2017, , then this agreement will automatically extend until a new agreement or amendment: to agreement is entered into, or-,.CITY or COUNTY gives written notice of termination. 2: Revised Exhibit A: Exhibit A.( Signal. Maintenance) of the agreement is amended. per the attached to add new signal installations to the list of installations covered by:the agreement.
294
t

CITY UBLIN
ATTES City Mana er
COU T ' OF ALAM-%'
City Clerk o
C ai erson, Bo: u e i ors 1
I hereby certify under penalty of perjury that the Chairperson of the Board of Supervisors has been duly authorized to execute thi . document on behalf of the County of Alameda by a majority vote of the Board on , a-4, 1 ; and that a. copy has been delivered to the Chairperson as provided by Government Code Section 25103.

Dated: g-1- 1 igOlti i.1,

1.: oard of upervisors
unty of Alameda, State of California
Approved as to Form
DONNA R. EGLER, County Counsel
B / s./ // 1
Print Narne rr,,/ p145-)1
295
EXHIBIT " A" TO THE AGREEMENT

TRAFFIC SIGNAL MAINTENANCE SERVICES
1 The COUNTY shall construct, reconstruct, operate, maintain and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were in the unincorporated area of COUNTY; the City Council of CITY exercising-the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY.

2. Nothing herein contained' shall be construed as in any way divesting CITY of any of its powers with respect to supervision, management, and control of traffic signals within, its

3. COUNTY shall provide for the maintenance of certain approved traffic signal systems at intersections ( as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance as follows:

1. Services
A. COUNTY will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this Agreement in satisfactory working condition. A general guideline for said services is included in this Exhibit. .- Such services shall include the following: patrolling, emergency service, relamping, necessary minor repairs and adjustments, replacement of controller, equipment, detectors, poles, signal heads, and lamps. Installation of additional facilities is not a routine maintenance function. under provisions of this paragraph.

B. COUNTY. shall perform all extraordinaryy maintenance services which . shall. include replacement and/or addition of major_ equipment due to obsolescence, wear, or inadequacy and repair due to extensive damage from any cause.

C. COUNTY shall perform all necessary vandalism and collision repairs.

D. At CITY's written direction, COUNTY shall perform new construction inspection services for traffic signal installations and provide reports of any deficiencies, irregularities, or deviations from CITY' s approved plans and specifications.

2. Costs and Repairs
A: Labor, equipment, and material costs for routine maintenance, including relamping, shall be assessed directly against the installation involved. Such costs shall be the actual costs for labor, parts, and equipment used and/ or actually expended in each particular instance.

B. • Extraordinary maintenance costs and costs for vandalism and collision repair . shall be assessed directly against the installations involved: Such costs shall be the actual costs of. labor, parts, and equipment used and/ or : actually expended in each particular instance. . In order to insure budget control, the COUNTY Deputy Director- Maintenance and 296
Operations shall approve all extraordinary repairs prior to the beginning. of work and, except for emergency situations, shall consult with CITY before proceeding.

3. Installations Covered
The number and location of all signal. installations covered by the terms of this agreement are amended as follows:

1. Amador Valley/ Regional

2. Amador Valley/ Donohue / Starward

3. Amador Valley/ Amador Plaza

4. Amador Valley/ Village Pkwy.

5. Amador Valley/ Stagecoach

6. Amador Valley/ Dougherty
7: Dublin / Dougherty

8. Dublin ! Dublin Ct.

9. Dublin / Sierra

10. Dublin_/ Clark

11. Dublin / Village Pkwy.

12. Dublin / Amador Plaza

13. Dublin-/ Golden Gate
14: Dublin / Regional

15. Dublin / San Ramon

16. Amador Valley! San Ramon Rd

1. 7. San Ramon / Silvergate
18: San Ramon / Shannon

19. . San Ramon / Vomac j

20. Village Parkway/ Lewis

21. Dougherty/ Sierra .

22. Dublin / DeMarcus

23. Dublin / Iron. Horse

24. Dublin / Hacienda

25. Dublin! Hibernia

26. Dublin / Myrtle

27. Dublin / Tassajara

28. Dublin./ Hansen.

29. Dougherty/ Scarlett

30. Hacienda / Central Pkwy.

31.: . Hacienda / Summerglen

32. Hacienda / Hacienda Crossings- Martinelli

33. Tassajara/ Gleason

34. Gleason/ Creekview

35. Tassajara ! South Dublin Ranch

36. Tassajara ! North Dublin. Ranch
37: Tassajara Road / Central- Parkway

38. Tassajara Road / The Shops ( Waterford)

39. Tassajara/ Dublin Corporate Way

40. Dublin / John Monego

41. Dublin / Glynnis Rose

42. Dublin / Sybase-Whole Foods

43.. Dublin / Arnold 297
44: Dublin / Scarlett
t

45.. : Amador Valley I Iron Horse Trail

46. Village Parkway/ Tamarack

47. Village Parkway/ Brighton

48. Village. Parkway/ Davona

49. Central Parkway/ Arnold

50. Hacienda Drive
l Gleason Drive

51. Central Parkway/ Hibernia

52.. Dougherty/. Willow Creek . . .
53: Dublin / Brannigan Street

54. : Central Parkway/ Brannigan
55: Fallon. Road / Antone

56. . Fallon Road/. Bent Tree

57. Fallon Road./ Kingsmill- Signal Hill

58. Fallon Road / Turnberry .

59. Central Parkway/ Glynnis Rose

60. Central Parkway/ Tassajara Creek Trail

61. San Ramon Road & 1- 580 (
2 cabinets)

62. Dublin / Grafton

63. . Dublin / Carnmore

64.: : Dublin/ Keegan
65: . Central.

I Keegan

66. Fallon/ Gleason

67. Tassajara /. Quarry Lane School

68. Tassajara / Silvera Ranch

69. Tassajara/ Fallon

70. Central / Lockhart '

71. Gleason/ Lockhart .

72. Martinelli/ Arnold
73; : Martinelli/ Future Whole Foods.

74. . Gleason/ Brannigan' -

75.. Gleason / Grafton

76. Dublin / Inspiration

77. Central / Grafton

78. Central / Montalcino- Chancery

79.. Dublin / Schaefer Ranch
80: ., Fallon/ Positano.

81.. Positano./ West Cantara

82. Dublin? Lockhart

83. Dublin / Fallon

84.. Fallon / Central

85.. ' Fallon / Silvera Ranch

86. Fallon / Cydonia .

87. Dublin / Silvergate

88. : Amador Valley

89. Dublin/ Fallon Gateway

90.. . Fallon/ Fallon Gateway

91. : Positano/ La.Strada

92. Positano / Vinton

93. Dougherty/ South Mariposa Circle (Future)

94. . Central / Sunset View Drive ( Future)
95: Central / Panorama Drive ( Future) 298
At CITY' s option, the above locations may be amended_t0 adjust the number and/ or location of signal installations to be so covered. Said changes shall. be in the form of a written notice from CITY Public Works Director or his/ her. designee.

4. Maintenance. Guidelines
COUNTY shall make every reasonable effort to maintain CITY' s traffic signals in accordance. with the listed guidelines:. The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances. Timing and programming functions shall be CITY' s responsibility.

BIMONTHLY SERVICE

1. Check cycling.

2.. Visual check of controller for extension, detection, and normal operation.

3. Check cabinet ventilation fan for thermal control- and operation.

4.. - Check all vehicle detector units for tuning and operation.

5. Check operation and adjustment of all external relays.

6. Check all vehicle and pedestrian heads for operation and alignment.. 7: : Check all. pedestrian buttons and pedestrian instruction signs: check condition of pull. .
box lids within walkway of intersection._

8. . Vacuum cabinet and check air filter..

9. Check for presence of all prints and maintenance record card.

10. Visual. check of roadway for asphalt failure or unapproved: road construction which affects vehicle detection operation.

11. Perform any repairs needed: for optimum function of traffic signal.

12. Clean all camera lenses

ANNUAL SERVICE
Clean all signal lenses and EVP ( emergency vehicle pre- emption) units.. j.

RELAMP AS- NEEDED
On- going LED indicators to be relamped on an as- needed basis rather than all at once,.

Location list provided by CITY.
299
c1/ 12/ 1- 7, # 71
File 30006
AMENDMENT NO. 5 TO AGREEMENT BETWEEN CITY OF DUBLIN AND

COUNTY OF ALAMEDA FOR TRAFFIC SIGNAL AND

STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES
This Amendment to Agreement ("Amendment") is made by the County of Alameda ( COUNTY) and the City of Dublin ( CITY) with respect to that certain agreement entered by them on July 1, 1998 ( referred to herein as the "Agreement").

WHEREAS, the CITY and COUNTY entered into an Agreement dated July 1, 1998, for provision of Traffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards, and Real Estate Services; and
WHEREAS, the CITY and COUNTY entered into an amendment to the Agreement dated July 1, 2003, to extend services for an additional five years, remove crossing guard services, modify the schedule of maintenance frequency, and expand the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an amendment to the Agreement dated July 1, 2008, to extend services for an additional three years, expanding the list of maintenance locations; and
WHEREAS, the CITY and COUNTY entered into an Amendment to the J agreement dated July 1, 2011, to extend services for an additional three years, expanding the list of maintenance locations; and CP
WHEREAS, the CITY and COUNTY entered into an Amendment to the agreement dated July 1, 2014, to extend services for an additional three years, expanding the list of maintenance locations; and
WHEREAS, said Agreement expires on June 30, 2017; and
WHEREAS, the CITY desires to extend the Agreement an additional five years and to expand the list of maintenance locations; and
WHEREAS, the services provided by the COUNTY have been appropriate and acceptable;
NOW, THEREFORE, THE PARTIES HERETO AGREE' AS FOLLOWS:

1. Extension of Term: The Agreement is amended to extend the termination date to June 30, 2022.

2. Revised Exhibit A: Exhibit A ( Signal Maintenance) of the Agreement is amended per the attached to add new signal installations to the list of installations covered by the agreement.
300

3. Except as expressly modified by this Amendment, all of the terms and conditions of the Agreement, as previously amended, are and remain in full force and effect.

CITY OF DUBLIN COUNTY OF ALAMEDA
opher L. Foss, City Manager President, Board of Supervisors ATT T:

I- I, gri--
Caroline Soto, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

County Counsel
c,
410 J• 4
Bakker, City omey By: by Lee, Deputy
By signing above, signatory
warrants and represents that he/ she
executed this Amendment in
his/ her authorized capacity and that
by his/ her signature on this
Amendment, he/she or the entity
upon behalf of which he/ she acted,
executed this Amendment
I hereby certify under penalty of perjury that the President of the Board of Supervisors has been duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on Sep trnbCr 12, 2011; and that a copy has been delivered to the President as provided by Government Code Secti
Dated:

SEP 2 0 2011
Clerk, Board of Supervi ors
County of Alameda, State of California
301
EXHIBIT" A" TO THE AGREEMENT

TRAFFIC SIGNAL MAINTENANCE SERVICES

1. The COUNTY shall construct, reconstruct, operate, maintain and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were in the unincorporated area of COUNTY; the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY.

2. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to supervision, management, and control of traffic signals within its boundaries.

3. COUNTY shall provide for the maintenance of certain approved traffic signal systems at intersections ( as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance as follows:

1. Services
A. COUNTY will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this Agreement in satisfactory working condition. A general guideline for said services is included in this Exhibit. Such services shall include the following: patrolling, emergency service, relamping, necessary minor repairs and adjustments, replacement of controller, equipment, detectors, poles, signal heads, and lamps. Installation of additional facilities is not a routine maintenance function under provisions of this paragraph.

B. COUNTY shall perform all extraordinary maintenance services which shall include replacement and/ or addition of major equipment and signal interconnect due to obsolescence, wear, or inadequacy and repair due to extensive damage from any cause.

C. COUNTY shall perform all necessary vandalism and collision repairs.

D. At CITY' s written direction, COUNTY shall perform new construction inspection services for traffic signal installations and provide reports of any deficiencies, irregularities, or deviations from CITY's approved plans and specifications.

2. Costs and Repairs
A. Labor, equipment, and material costs for routine maintenance, including relamping, shall be assessed directly against the installation involved. Such costs shall be the actual costs for labor, parts, and equipment used and/ or actually expended in each particular instance.
302

8. Extraordinary maintenance costs and costs for vandalism and collision repair shall be assessed directly against the installations involved. Such costs shall be the actual costs of labor, parts, and equipment used and/ or actually expended in each particular instance. In order to insure budget control, the COUNTY Deputy Director - Maintenance and Operations shall approve all extraordinary repairs prior to the beginning of work and, except for emergency situations, shall consult with CITY before proceeding.

3. Installations Covered
The number and location of all signal installations covered by the terms of this agreement are amended as follows:

1. Amador Valley/ Regional

2. Amador Valley/ Donohue/ Starward

3. Amador Valley/ Amador Plaza

4. Amador Valley/ Village Pkwy.

5. Amador Valley/ Stagecoach

6. Amador Valley/ Dougherty

7. Dublin / Dougherty

8. Dublin / Dublin Ct.

9. Dublin / Sierra

10. Dublin / Clark

11. Dublin / Village Pkwy.

12. Dublin/ Amador Plaza

13. Dublin/ Golden Gate

14. Dublin / Regional

15. Dublin / San Ramon

16. Amador Valley/ San Ramon Rd

17. San Ramon / Silvergate

18. San Ramon / Shannon

19. San Ramon/ Vomac

20. Village Parkway/ Lewis

21. Dougherty/ Sierra

22. Dublin / DeMarcus

23. Dublin / Iron Horse

24. Dublin / Hacienda

25. Dublin / Hibemia

26. Dublin / Myrtle

27. Dublin/ Tassajara

28. Dublin/ Hansen

29. Dougherty / Scarlett

30. Hacienda / Central Pkwy.

31. Hacienda / Summerglen

32. Hacienda / Hacienda Crossings- Martinelli

33. Tassajara/ Gleason
303

34. Gleason / Creekview

35. Tassajara
I South Dublin Ranch

36. Tassajara/ North Dublin Ranch

37. Tassajara Road / Central Parkway

38. Tassajara Road / The Shops ( Waterford)

39. Tassajara/ Dublin Corporate Way

40. Dublin / John Monego

41. Dublin / Glynnis Rose

42. Dublin/ Sybase-Whole Foods

43. Dublin / Arnold

44. Dublin / Scarlett

45. Amador Valley/ Iron Horse Trail

46. Village Parkway/ Tamarack

47. Village Parkway/ Brighton

48. Village Parkway/ Davona

49. Central Parkway/ Arnold

50. Hacienda Drive/ Gleason Drive

51. Central Parkway/ Hibernia

52. Dougherty/ Willow Creek

53. Dublin/ Brannigan Street

54. Central Parkway/ Brannigan

55. Fallon RoadI Antone

56. Fallon Road/ Bent Tree

57. Fallon Road/ Kingsm ill- Signal Hill

58. Fallon Road/ Tumberry

59. Central Parkway/ Glynnis Rose

60. Central Parkway/ Tassajara Creek Trail

61. Central / Kelton Street

62. Dublin / Grafton

63. Dublin/ Cammore

64. Dublin/ Keegan

65. Central/ Keegan

66. Fallon / Gleason

67. Tassajara/ Quarry Lane School

68. Tassajara
I Silvera Ranch

69. Tassajara/ Fallon

70. Central / Lockhart

71. Gleason
I Lockhart

72. Martinelli / Arnold

73. Martinelli / Persimmon Place

74. Gleason / Brannigan

75. Gleason/ Grafton

76. Dublin/ Inspiration

77. Central/ Grafton

78. Central/ Montalcino- Chancery

79. Dublin / Schaefer Ranch
304

80. Fallon / Positano

81. Positano/ West Cantara

82. Dublin / Lockhart

83. Dublin / Fallon

84. Fallon / Central

85. Fallon/ Silvera Ranch

86. Fallon / Cydonia

87. Dublin / Silvergate

88. Amador Valley/ Brighton

89. Dublin/ Fallon Gateway

90. Fallon/ Fallon Gateway

91. Positano/ La Strada

92. Positano/ Vinton

93. Dougherty/ South Mariposa Circle

94. Central / Sunset View Drive

95. Tassajara/ Palisades

96. Central/ Park Place ( Future)

97. Amold/ Horizon ( Future)

98. Scarlett/Horiion (Future)

99. Scarlett/Houston ( Future)
At CITY' s option, the above locations may be amended to adjust the number and/ or location of signal installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/ her designee.

4. Maintenance Guidelines
COUNTY shall make every reasonable effort to maintain CITY's traffic signals in accordance with the listed guidelines. The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances. Timing and programming functions shall be CITY's responsibility.

BIMONTHLY SERVICE

1. Check cycling.

2. Visual check of controller for extension, detection, and normal operation.

3. Check cabinet ventilation fan for thermal control and operation.

4. Check all vehicle detector units for tuning and operation.

5. Check operation and adjustment of all external relays.

6. Check all vehicle and pedestrian heads for operation and alignment.

7. Check all pedestrian buttons and pedestrian instruction signs check condition of pull box lids within walkway of intersection.

8. Vacuum cabinet and check air filter.

9. Check for presence of all prints and maintenance record card. 305

10. Visual check of roadway for asphalt failure or unapproved road construction which affects vehicle detection operation.

11. Perform any repairs needed for optimum function of traffic signal.

12. Clean all camera lenses

ANNUAL SERVICE
Clean all signal lenses, microwave detection devices, and EVP ( emergency vehicle pre-emption) units.

RELAMP AS- NEEDED
On- going LED indicators to be relamped on an as- needed basis rather than all at once. Location list provided by CITY.
306

STAFF REPORT

CITY COUNCIL

Agenda Item 4.11
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Recyclist Software-as-a-Service for Senate Bill 1383 Recordkeeping
Prepared by: Michelle Sung, Environmental Technician
EXECUTIVE SUMMARY:

The City Council will consider approving an agreement with Recyclist software-as-a-service for recordkeeping related to Senate Bill 1383. The agreement includes the Recyclist Program Tracker and Route Review Fieldwork Tool.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Software-as-a-Service (SAAS) Agreement with Recyclist for Senate Bill 1383 Recordkeeping.

FINANCIAL IMPACT:

The three-year cost of the Recyclist software is $96,530, comprising $30,510 in annual base fees for the Recyclist Program Tracker, projected data imports, and Route Review Fieldwork Tool, plus a one-time implementation service fee of $5,000. Staff is recommending an additional 10% contingency ($9,653) be included in case additional data set imports are needed or for reasonable, City-approved increases in data import fees over the agreement term. This puts the total not-toexceed amount for the three-year contract at $106,183, funded by the Alameda County Waste Reduction and Recycling Initiative (Measure D) Fund. There is sufficient appropriation in Fiscal Year 2021-22 to cover the current year cost. Future year costs will be incorporated in each respective fiscal year budget requests. There is no impact to the General Fund.

DESCRIPTION:

Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383), was signed into law in September 2016 and establishes methane reductions targets to help the State of California meet its climate goals. Targets in SB 1383 include a requirement to achieve by 2025, a 75% reduction in the level 307

of statewide disposal of organic waste from the 2014 level and a requirement that not less than 20% of currently disposed edible food is diverted from landfill to food recovery organizations. SB 1383 includes recordkeeping requirements for the following:
 Compliance with organic waste collection services
 Container contamination minimization
 Waivers and exemptions
 Education and outreach
 Compliance with jurisdiction hauler program
 Edible food recovery program
 Recovered organic waste procurement target
 Recycled content paper procurement
All documents supporting compliance with the requirements above must be maintained in an Implementation Record stored in one central location that must be available to the California Department of Resources, Recovery, and Recycling (CalRecycle) within 10 business days of request.

The Recyclist Program Tracker is a cloud-based compliance and outreach database platform that provides jurisdictions with full customization and collaborative recordkeeping capabilities necessary to meet the SB 1383 recordkeeping requirements. The Recyclist Program Tracker has been in continuous development since August 2015, and Recyclist has communicated with CalRecycle to ensure correct compliance reporting. Recyclist is unique in providing this niche software product and has no known competitors providing comparable services. Recyclist’s platform is a software-as-a-service product, which includes ongoing support and customizations.

Since the platform is in continual development, new features and improvements are released on a regular basis as regulations and reporting requirements are developed by the State. Recyclist has many customers in California, including the cities of Pleasanton, Livermore, and San Ramon, and others in Alameda County.

Chapter 2.36 of the Dublin Municipal Code (DMC) requires contracts or purchases of general services, supplies, or equipment to go through a competitive bidding process. However, the Municipal Code provides the City Council with authority to waive the competitive bidding process, as stated in DMC 2.36.100(B)(4) when a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost. As part of the City’s SB 1383 Implementation Assistance Agreement with Cascadia Consulting Group, Inc., SB 1383 recordkeeping database options were researched, compared, and presented in a Database Tracking and Management Options Report (Attachment 3). After reviewing the report, Staff found Recyclist to be the most comprehensive platform to meet the City’s SB 1383 recordkeeping requirements. Specifically, the Recyclist Program Tracker is the only available database that includes recordkeeping for route reviews, recordkeeping for procurement of recovered organic materials, and built-in data analysis and trends required for CalRecycle’s Electronic Annual Reports.
308

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving a Software as a Service (SAAS) Agreement with Recyclist for Senate Bill 1383 Recordkeeping
2) Exhibit A to the Resolution – Recyclist Software as a Service (SAAS) Agreement 3) Database Tracking Management Options Report
309
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A SOFTWARE-AS-A-SERVICE (SAAS) AGREEMENT WITH RECYCLIST FOR SENATE BILL 1383 RECORDKEEPING
WHEREAS, in September 2016 the California legislature enacted Senate Bill (SB) 1383, Short-Lived Climate Pollutants, with the goal to reduce emissions of short-lived climate pollutants such as methane by mandating a reduction in disposal of organic waste in landfills, among other requirements on dairies and waste haulers; and WHEREAS, the California Department of Resources, Recycling, and Recovery (CalRecycle) was given the regulatory authority to achieve the desired organic waste reduction targets; and
WHEREAS, CalRecycle developed final rulemaking for SB 1383 with an implementation date of January 1, 2022; and
WHEREAS, SB 1383 requires each jurisdiction to maintain an Implementation Record; and
WHEREAS, the City seeks a software system that would assist with tracking SB 1383 compliance and outreach and fulfill the City’s SB 1383 recordkeeping requirements; and WHEREAS, Chapter 2.36 of the Dublin Municipal Code establishes the procedures for contracts and purchasing, which require City Council approval for procurement of goods and services in excess of $45,000 via a competitive bidding process; and WHEREAS, Section 2.36.100(B)(4) of the Dublin Municipal Code allows for an exception to the competitive bid process when a contract or purchase of goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost; and WHEREAS, As part of the City’s SB 1383 Implementation Assistance Agreement with Cascadia Consulting Group, Inc., a report was produced on the available recordkeeping and database options; and
WHEREAS, Staff reviewed the report and found Recyclist to be the only comprehensive platform to meet the City’s SB 1383 recordkeeping requirements; and WHEREAS, Staff recommends that the City enter into an agreement with Recyclist for a three-year term with a total not-to-exceed amount of $106,183 which includes a contingency amount of $9,653.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute the SAAS Agreement with Recyclist, attached hereto as Exhibit A.
310
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 BE IT FURTHER RESOLVED that the City Manager is authorized to approve the use of the contingency funding of $9,653 in the event additional services are necessary.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute future SAAS agreement renewals after the three-year agreement term as long as the City continues utilizing the software and adequate budget is available.

PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
311
1 SAAS SERVICES ORDER FORM
Customer: City of Dublin Contact: Michelle Sung
Address: 100 Civic Plaza Phone: (925) 833-6630
Dublin, CA 94568 Email: [email protected]
Services: Recyclist Program Tracker (the “Service(s)”). Initial Service Term: 36 months, commencing upon completion of implementation.

Service Capacity: Management of regulatory compliance and outreach for commercial and multi-family waste generators within the City of Dublin service area.

Implementation Services: Company will use commercially
reasonable efforts to provide Customer the services described in the Statement of Work ("SOW") attached as Exhibit A hereto
("Implementation Services"), and Customer shall pay Company the Implementation Fee in accordance with the terms herein.

Service Fees: Base Annual Subscription Fee billed upon completion of Implementation Services, subject to the terms of Section 4 herein.

Data Import Fees billed upon receipt of each data set, subject to the terms of Section 4 herein.

Implementation Fees (one-time): Payable upon execution of the Agreement, subject to the terms of Section 4 herein.

SERVICE FEES PRICE QTY 3-YEAR DISCOUNT SUBTOTAL
Program Tracker - Base Subscription (standard) $24,900.00 1 -$2,490.00 $22,410.00 Projected Data Set Imports (per data set) $1,000.00 4 -$400.00 $3,600.00 Add-On: Route Review Fieldwork Tool $5,000.00 1 -$500.00 $4,500.00 Total Projected Annual Fees $30,510.00

ONE-TIME FEES PRICE QTY SUBTOTAL
Program Tracker Implementation Fee $5,000.00 1 $5,000.00 Total One-Time Fees $5,000.00
Attachment 2
312
2 SAAS SERVICES AGREEMENT
This SaaS Services Agreement (“Agreement”) is entered into on this 8 th day of June 2022 (the “Effective Date”) between Citizen Communications, LLC dba Recyclist with a place of business at 12313 Soaring Way, Suite 1D, Truckee CA 96161 (“Company”), and the Customer listed above (“Customer”). This Agreement includes and incorporates the above Order Form, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form unless expressly identifying this Agreement, specifically referencing the provisions of this Agreement to be altered or superseded and signed by the parties after the date hereof.

Citizen Communications, LLC dba Recyclist
Name:

Title:

Date:

City of Dublin
Name: Linda Smith
Title: City Manager
Date:

Emily Coven
5/31/2022
Managing Member
313
3 TERMS AND CONDITIONS

1. SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services.

As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with Company’s standard practice.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.

2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with its intended functionality and all applicable laws and regulations. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer is responsible for maintaining the confidentiality of the passwords assigned to Customer and its users. Customer will immediately notify Company if it becomes aware that a password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. Company will be responsible for any and all activities made pursuant to the licenses granted to Customer’s hereunder and any of its users’ or Equipment or the access credentials to the Services. Customer shall, and shall ensure its users, use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify Company promptly of any unauthorized access or use. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

3. CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

3.2 Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

3.3 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the 314
4 Services and other Company offerings, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

4. PAYMENT OF FEES

4.1 Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Recyclist shall notify Customer in advance of any additional fees. Upon acceptance of additional fees by Customer, Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then‑current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). Notwithstanding the foregoing, all Data Import Fees set forth in the Order Form are, at any time during the Term, subject to reasonable increases based on then-current Company fees for Data Set Imports. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

Inquiries should be directed to Company’s customer support department.

4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

4.3 Following the Initial Service Term, the annual subscription fee shall automatically increase (and annually thereafter) by an amount equal to the greater of five percent (5%) or one hundred percent (100%) of the percentage increase in the Consumer Price Index, Urban Consumers, All Cities Average 1982-84 Equals 100, (CPI-U) during the prior calendar year as published by the U.S. Department of Labor or any successor index, compounded annually from the Effective Date.

5. TERM AND TERMINATION

5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. INDEMNITY
Company shall indemnify Customer from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (a) not supplied by Company, (b) made in whole or in part in accordance with Customer specifications, (c) that are modified after delivery by Company, (d) combined with other products, processes or materials where the alleged infringement relates to such combination, (e) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (f) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (i) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (ii) obtain for Customer a license to continue using the Service, or (iii) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service. 315
5 Company shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with the Agreement and performance of the Services.

8. LIMITATION OF LIABILITY

8.1 Customer acknowledges, understands and agrees that Company utilizes third party hardware, software and hosting solutions in connection with the Services (“Third Party Solutions”) in order to economically provide the Services to Customer. Customer recognizes that the quality of the Services is dependent upon such Third Party Solutions and that Company does not have nor exercise significant bargaining power with such Third Party Solutions so as to reasonably control the Customer’s experience resulting from such Third Party Solutions, and therefore notwithstanding any other provision of this Agreement to the contrary, agrees that Company shall not be liable or in breach of this Agreement to the extent such liability or breach is the result of the acts or omissions of Third Party Solutions or their providers. The location of Third Party Solutions Data Centers is California (primary), New York (secondary), and an undisclosed location in the United States (backup). In the event that Company changes Third Party Solutions resulting in a movement of Data Centers, Company shall provide Customer with prior written notice of said change and disclose the name and location of new Third Party Solutions and Data Centers. The replacement of Third Party Solutions shall be reputable compared to current, and the Data Centers shall be located within the United States.

8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY

AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS,

AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT

TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR

INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS

ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR

NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUBJECT TO THE INDEMNIFICATION OBLIGATIONS OF COMPANY HEREUNDER.

9. MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. 316
6 EXHIBIT A
Statement of Work
Implementation of the Recyclist Program Tracker includes:
● Configuring data import process to align with Customer’s data and programmatic objectives ● Importing initial compliance records
● Setting up user accounts and permissions
● Customizing database fields to meet reasonable customer needs ● Customizing reports to meet reasonable customer needs Base subscription includes:
● Commercial and multi-family generator database for tracking:
○ Service levels
○ Contact information
○ AB 1826 & AB 341 compliance
○ SB 1383 compliance (rolling out in phases)
● Log of all outreach activities
● CRM features to schedule and track outreach to commercial generators, including:
○ Site Visits
○ Phone Calls
○ Emails
○ Photos taken
○ Task lists and calendars
○ Task reminders and summaries
● Customization of standard forms and reports to meet reasonable customer needs, such as:
○ Tracking local programs and pilot projects
○ Tracking compliance with state, regional and/or local ordinances ○ Complex customization projects necessitating new forms and/or reports may require additional professional services. Any additional consulting, training, development, configuration, development and/or integration services may be out of scope and subject to Company agreeing to provide such services pursuant to a change order to this SOW. ● Reports in list and/or graph format, with ability to search, sort and filter, and to export to Excel, PDF, or image file ● Cloud-based database that syncs data across all users in real time ● Web-based application, with mobile app for iOS and Android (requires internet connection) ● Secure web hosting with weekly backups
● Support via email, Monday-Friday 9am-5pm PT
● Support via phone by appointment
● Unlimited users
Data Import includes:
● Processing and importing a single-tab Excel worksheet or CSV file ● For service record data imports:
○ Importing new accounts, identifying possibly closed accounts and service-level changes ○ Updating generator compliance statuses to align with new data ● Custom Data Template Surcharge applicable to any Data Imports not delivered in the standard Recyclist Service Record Template 13090458_v7
317
7 EXHIBIT B
Insurance Requirements
Minimum Scope and Limits of Insurance

1. Commercial General Liability Insurance. Contractor, at its own cost and expense, shall maintain commercial general liability insurance including operations, products, and completed operations, as applicable for the term of this Agreement in an amount not less than $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least twice the required occurrence limit.

2. Cyber and Professional Liability/Errors and Omissions. Contractor, at its own cost and expense, shall maintain cyber and professional liability/errors and emissions insurance for the term of this Agreement in an amount no less than $1,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark ,trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Dublin. The City of Dublin reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
All insurance required by this exhibit is to be placed with insurers with a current A.M. Bests' rating of no less than A:VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Dublin.

Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The City of Dublin, its officers, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor. 18482604_v2
318
Database Tracking and
Management

OPTIONS REPORT
AUGUST 2021
CASCADIA CONSULTING GROUP, INC.

Tel (206) 343-9759
www.cascadiaconsulting.com
Attachment 3
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DATABASE TRACKING AND MANAGEMENT OPTIONS REPORT | 1

DATABASE TRACKING AND MANAGEMENT

OPTIONS REPORT

INTRODUCTION
This report details Cascadia’s findings from researching different database tracking and management platforms. These findings will help inform the City of Dublin on available database tracking and management platforms to track compliance progress as required by Senate Bill 1383 (SB 1383). Cascadia researched five data tracking and management platforms:

Recyclist, Minerva, Salesforce, Fulcrum, Spotio, and Green Halo.

METHODOLOGY
The five platforms listed above were selected for the following reasons:
• Recyclist and Minerva are designed for solid waste program management and have built in features for SB 1383 compliance and reporting.
• Salesforce is a universally known data management platform. From prior experience using the platform, Salesforce is very customizable and compatible with various other applications. • Cascadia often uses Fulcrum and Spotio for short term outreach and technical assistance tracking. These platforms are more affordable than the larger platforms such as Salesforce and have worked well for short term projects. We are interested in better understanding their capabilities for long-term data tracking and management. • The Green Halo platform, typically used for construction waste management, is currently developing a new feature for SB 1383 required procurement tracking.

Cascadia began by conducting desktop research to answer the list of questions below. After the initial desktop research, Cascadia scheduled and participated in calls and demonstrations with sales representatives at each platform to better understand platform features and fill in any missing information not readily available online.

Cascadia asked sales representatives of each platform the following questions:
• What is the cost per year or quarter?
• What is the baseline cost and any additional costs?
• What are the various ways users can access the platform (web, desktop app, phone/tablet app)? • How many users can access on one platform subscription? Can multiple organizations use the platform under the same subscription?
• Can different users have different levels of access (privacy)? • How long will it take for the platform to go live after signing the contract? • What is the available technical support? Is there phone or chat support available? What are the hours of support? • Are there features available for account activities tracking (site visits, calls, emails)? • Ability to document outreach provided: date, time, type of material provided to account holder? • Ability to tag other users to follow up with an account? To-dos or adding to a person’s activity queue? • Ability to upload attachments such as letters, photos, etc.? • Ability to easily use tracking capabilities in the field on a tablet? • Ability to link related accounts? i.e. main account with hauler data linked to tenant accounts. 320
DATABASE TRACKING AND MANAGEMENT OPTIONS REPORT | 2
• Activity/account mapping available?
• Form fill-ins available?
• Any built-in data analysis features? Trends?
• Able to export information to excel?
• Compatibility with other platforms?
The following questions specific to SB 1383 compliance features were asked to Recyclist and Minerva. • Ability to view service levels and accounts that are SB 1383 compliant/non-compliant based on service levels? • Ability to document which accounts have waivers, when it was granted, and reason for waiver? • Ability to document which accounts are sharing or backhauling and upload documentation? • Ability to document which accounts are subject to food recovery requirements, which have food recovery agreements, pounds of food rescued, etc?
• Ability to document/track type and amount of recovered organic material procured, where it was procured from, and where it was applied?
Ability to document route reviews (for container contamination minimization): able to log results of lid flipping assessments, outreach provided, and which routes reviewed-including residential? Attachment A includes a comparison matrix that presents information collected during desktop research and calls.

SUMMARY AND FINDINGS
Below are summaries of Cascadia’s research of the five platforms.

Recyclist
Pros
• Company is familiar with California waste laws and the compliance requirements • Platform has been operating since 2015 and many juristictions are subscribed to the platform and use it. • Has features specifically for SB 1383 compliance
o Has built-in reporting abilities for CalRecycle Electronic Annual Reports • Unlimited users can access platform under one subscription • Ability to grant different permission levels for users • Tech support available via email and phone Monday through Fridays 9AM – 5PM PST • Available on web and phone/tablet app on Android and iOS Cons
• Long turnaround time from signing the contract to platform going live. Takes approximately 2-3 months to setup platform but timeline could be shortened if Recyclist receives initial import data quickly o Actual onboarding once received data is 1.5 months but cannot guarantee quick turnaround if they receive a lot of new customers in the next 6 months
• More costly than all other platforms except Salesforce Cost
If signing a 1-year contract: $33,900 for the first year and $28,900 annually thereafter • Cost includes base subscription, estimated data imports, and one-time implementation fee of $5,000 321
DATABASE TRACKING AND MANAGEMENT OPTIONS REPORT | 3
If signing a 3-year contract: $31,010 for the first year and $26,010 annually thereafter • Cost reflects 10% discount for 3-year term and one-time implementation fee of $5,000 Minerva
Pros
• Company is familiar with California waste laws and the compliance requirements • Has features specifically for SB 1383 compliance
• Unlimited users can access platform under one subscription • Ability to grant different permission levels for users • Can generate letters to send to recipients, such as notifications regarding compliance requirements • Tech support available via phone and chat feature Monday through Friday 9AM – 5PM • Company is very open to developing custom features relevant for the City’s specific needs (currently working with many local government and waste haulers)
• Less costly than Recyclist
• Turnaround time after signing contract to platform going live is 30-45 days Cons
• Less available features than Recyclist
• Many desired features are currently still under development and many will likely be ready in September 2021 o Currently developing the following features:
 Ability to document which accounts are subject to food recovery requirements, which have food recovery agreements, pounds of food rescued, etc.
 Ability to assign users to follow-up with specific accounts  Ability to view accounts on a map
 Ability to link parent account to related accounts
• Relatively new platform (could be more prone to startup issues). • Currently only available on Android and not on iOS
Cost
If paying annually:
• $3500/quarter
o Annual cost is $14,000
If paid quarterly:
• $3900/quarter
o Annual cost is $15,600
Salesforce
Pros
• Ability to grant different permission levels for users • Ability to assign users to follow-up with specific accounts • Greatest number of functions and features available
• Able to integrate data from various apps and platforms • Many built-in data analysis features
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DATABASE TRACKING AND MANAGEMENT OPTIONS REPORT | 4
• Tech support available 24/7
• Available on web and phone/tablet app on Android and iOS Cons
• Most expensive platform
• In addition to the baseline cost of the platform, the City would also need to pay for an implementation partner to setup Salesforce platform.
• Does not have features specifically for SB 1383 compliance Cost
• Professional plan: $900/user/year
o Cost for 50 users: $45,000/year
• Executive plan: $1800/user/year
o Cost for 50 users: $90,000/year
Fulcrum
Pros
• Highly customizable features
• Ability to grant different permission levels for users • Ability to create PDF forms
o Ability to email the form to recipient directly from platform • Tech support available through chat feature on web browser or email Monday through Friday 9AM – 5PM EST o Typical response time is 10 minutes
• Quick turnaround from signing contract with platform going live (about 20 minutes) o See con below about self-setup
• Available on web and phone/tablet app on Android and iOS Cons
• Requires self-setup: import data and customize
• Does not have features specifically for SB 1383 compliance Cost
If paying annually:
• Essentials plan - $22/user/month
o Cost for 50 users: $13,200/year
• Professional plan - $30/user/month
o Cost for 50 users: $18,000/year
Spotio
Pros
• Highly customizable platform
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DATABASE TRACKING AND MANAGEMENT OPTIONS REPORT | 5
• Ability to grant different permission levels for users • Many built-in data analysis features
• Tech support available via phone, chat feature, or email o Chat support is available Monday - Friday 8AM - 5PM CST, and Saturday 12PM - 4PM CST o Will be assigned a specific account manager that can answer any questions if there are more than 20 users o Typical response time is 1 minute
• Spotio staff will train all users subscribed to the platform • Available on web and phone/tablet app on Android and iOS Cons
• Platform is more suitable for companies that need to make sales or profits • More costly than Minerva or Fulcrum but offers less relevant features • Cascadia team previously used Spotio to track outreach efforts on a different project and found the platform did not suit their needs due to changes in user access, pricing structure, and limited features such as only one status option and less flexibility for the type of data that could be collected • Does not have features specifically for SB 1383 compliance Cost
Team plan pricing for more than 20 users:
• $34/user/month
o Cost for 50 users: $20,400/year
Green Halo
Pros
• Company is familiar with California waste laws and the compliance requirements • Currently working closely with local jurisdictions to develop this new procurement tool to fit the needs of SB 1383 • Tech support available via phone or chat feature Monday through Friday 7AM – 7PM PST • Once the tool launches, turnaround time from signing contract to platform going live is 1-2 weeks Cons
• Tools and features not yet available
• This will be the first year in operation for this feature (more prone to issues) Cost
Not currently available.
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Attachment A: Database Tracking and Management Platform Comparison Matrix Functionality Recyclist Minerva Salesforce Fulcrum Spotio Green Halo Systems Cost per year or quarter TBDWhat is the baseline cost and additional cost for add‐on features, if needed (see list of features below)
Pricing for Dublin:

Base year subscription: $24,900Estimated Data Imports: $4,000 Discount for 3‐year term: ($2,890)
Total Annual Cost (if a 3‐year‐term): $26,010
+ Implementation Fee (one‐time cost): $5,000
Paid Annually: $3,500 per quarter
($14,000/year)Paid Quarterly: $3,900 per quarter ($15,600) Professional ‐ $900/user/year (Cost for 50 users:
$45,000)Enterprise ‐ $1800/user/year (Cost for 50 users:
$90,000)
This does not include the fee for an
implementation partner that helps to set up the
Salesforce platform for us to use for our use‐
case.

Annually payment pricing:

Essentials ‐ $22/user/month (For 50 users,
would equal $13,200/year)
Professional ‐ $30/user/month (For 50 users,
would equal $18,000/year)Monthly payment pricing:Essentials ‐ $28/user/month (For 50 users, would equal $16,800/year)
Professional ‐ $38/user/month (For 50 users,
would equal $22,800/year)Both pricing have an Enterprise option that has more media storage and more features but
need to contact Fulcrum to determine the
pricing.Varying pricing for add‐on features
4 plan levels (Team, Business, Pro, and
Enterprise), and prices were provided for a
Team plan.If less than 10 users $39/user/monthMore than 20 users, price drops to $34/user/month (Cost for 50 users:
$20,400/year)If less than 10 users, must be billed annually.If more than 10 users, can be billed monthly.

TBD
Platforms available (web, desktop app, phone/tablet
app)
WebPhone/Tablet app
Web (can be accessed on the web and on
tablet/phone browser)Phone/Tablet (Only available on Android at themoment. Have an Apple app created but Apple doesn't have it in the App Store because it's not a
general use app but can work with a client to get
it available)
WebPhone/Tablet app
WebPhone/Tablet app
Web
Phone/Tablet app (slightly more capabilities on
tablet app, but all features on phone vs. tablet
are the same)
Web only but can be accessed via mobile
browser.

How many users can access? Unlimited users Unlimited users As many as we pay for (cost is per/user) As many as we pay for (cost is per/user) As many as we pay for (cost is per/user) Unlimited users Privacy features? Able to have different levels of access for different users? (Can multiple organizations use it under the same subscription)
Yes, 3 standard permission levels and can create custom permission levels.

Yes, can make sure that different users have
different access.Minerva uses this when a city has different haulers so each hauler only sees their own
accounts.

Yes, can set different privacy levels for if have
Salesforce Classic or Lightning Experience.

Multi‐Org configuration is also an Enterprise 2.0
account configuration and is upon request.

Yes, can have an account that can edit details in
the account but cannot export the information.

Yes, permission levels are Sales, Manager, and
Account Admin. There are custom settings for
each level that the admin can make as well like
not allowing people in a certain level to deletea lead, or hiding leads in a certain area.Sales ‐ Sales Reps are able to create new leads, change assigned leads, and see all leads within
their assigned territory.Manager ‐ Managers have full access to all leads and users within their assigned territory.

Account Admin ‐ Admins can change company
settings, including billing.

Yes, there will be at least 2 levels of access:

Admin Users and Normal Users. Similar to
our Green Halo tool where Admin Users can
make settings changes, access the system,and use the functions and Normal Users can access and use the functions, but cannot
make Settings changes.

Are any features available to specifically track SB 1383 compliance?
Able to view service levels and accounts that are SB
1383 compliant and which are not compliant based
on service levels?
Yes Yes Yes, can put in service levels to accounts, and likely can customize the platform to show that
they're not compliant if service levels meet
some requirement.

Able to document which accounts have waivers,
when it was granted, and reason for waiver?
Yes Yes Yes, can customize a field to do this
Able to document which accounts are sharing or
backhauling & upload documentation?
Yes, able to documenting backhauling Yes Yes, can customize a field to do this Able to document which accounts are subject to
food recovery requirements, which have food
recovery agreements, pounds of food rescued, etc.

Yes Yes, able to document food recovery
requirements.Food recovery agreements and pounds of food rescued are in development.

Yes, can customize a field to do this
Able to document/track type & amount of
recovered organic material procured, where it was
procured from, where it was applied
Yes, for procurement they're approaching it depending
on our Customers’ specific situations. Recyclist should be able to track all 4 pieces of information but will need to check on that with the Product team.

Under development and will likely ready by end
of September
Yes, can customize a field to do this Yes
Able to document route reviews (for container
contamination minimization): able to log results of
lid flipping assessments, outreach provided, which
routes reviewed‐including residential
Yes No Likely yes
How long will it take from signing the contract to have the platform live?
2‐3 months process but can be shortened if Recyclist
receives initial data import quickly. Actual onboarding once data is received is 1.5 months, but cannot
guarantee quick turnaround if they receive a lot of new customers in the next 6 months.
30‐45 days Procuring Salesforce will go through Carasoft paper. Carasoft will be able to process within 24‐
48 hours assuming there's a signed order with
PO.

User should be available to start building the
platform within 20 minutes after signing up.

Would have a kick‐off call 2 days after signingcontract. Spotio will build the platform and willmake sure that all the features needed are there. Then Spotio would train users to use the
platform, which would take about a week butdepends on how many people need to be trained.

Generally 1‐2 weeks (assuming the tool is
ready to launch)
Technical support availability Yes, have a third party implementation system Spotio trains everyone that needs to use Spotio.

Phone support? Hours? Yes, tech support via email and phone, Monday ‐ Friday 9AM ‐ 5PM PST
Yes, Monday ‐ Friday 9AM ‐ 5PM Yes, 24/7 availability No Direct phone line or email for 90 days; but if there's about 20 (or more) users there will be
an account manager that will be assigned to
answer questions with them.

Typically will respond in 1 minute.

Yes.Hours: Monday ‐ Friday 7AM ‐ 7PM PST
Phone: 1‐888‐525‐1301
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Appendix A: Database Tracking and Management Platform Comparison Matrix Functionality Recyclist Minerva Salesforce Fulcrum Spotio Green Halo Systems Chat feature? Hours? No chat feature Yes, Monday ‐ Friday 9AM ‐ 5PM Yes, 24/7 availability Chat feature on web browser or email Monday ‐ Friday 9‐5AM EST, 10 minute response time.

Yes, chat feature available on web browser and
in app and can email the support. Available
Monday ‐ Friday 8AM ‐ 5PM CST, and Saturday
12PM ‐ 4PM CST.Support email: [email protected]
Yes, and email. Hours: Monday ‐ Friday
7AM ‐ 7PM PST
Desired features
Account activities tracking (site visits, calls, emails) Yes Yes Yes Yes Yes, can note if a site visit, call, or email was made
Able to document outreach provided: date, time,
type of material provided to account holder
Yes Yes Yes Yes Yes, there's a notes section to note these or can make it a dropdown to select what
material was provided.

Able to tag other users to follow up? To‐dos or
adding to a person's queue?
Yes, tasks can be delegated using the task schedule Under development, likely done by end of September
Yes Yes Yes, can reassign a lead, or create an event and reassign to a different.

Able to upload attachments such as letters, photos,
etc?
Yes Yes Yes Yes Yes
Able to easily use tracking capabilities in the field
on a tablet?
Yes Yes Yes Yes Yes, the app is easy to use
Able to link parent account to related accounts? Yes, have a system to identify multi‐tenant properties (strip malls) and tracking individual tenants.

Under development and will likely done by the
end of September
Yes, can be customized through Lightning
Experience.

Maybe/yes. It could be possible throughcustomizing the fields so by putting a question about location type and then having another
field pop‐up if it says landlord (or another termfor consistency).

Yes, can create a field to note that outreachwas done at the same property if going to an apartment complex, townhome community,
business plaza, etc.

Activity/account mapping available? Yes Under development and will likely done by the end of September
Yes, through Salesforce Maps Yes, can see it in the map if you input the coordinates.

Yes, can view a map and tags of all leads.

Form fill‐ins (for waivers) available? Yes Yes, but primarily for Call‐To‐Actions letters. Docusign or Nintex app exchange products can do this.

Yes, they have a feature where you can create
a pdf and be able to fill it out either on the web
or on the phone/tablet app (rep called this
"workflow"). Can create a setting so that oncethe pdf is filled out, it can be sent to an email via the app. There is also an option to includesignatures on the PDF if needed. Then can filterthe accounts on Fulcrum to see which oneshave the form.

Able to put a question that says "compliant","exempt", etc. and filter to see those individuallists of the accounts that are compliant, exemptor etc.

Any built‐in data analysis features? Trends? Yes, has built‐in reporting for CalRecycle Electronic Annual Reports
No, the system is not meant to have many
graphs, but for outreach tracking purposes, the
map feature (which is under development) will
likely be useful. At the moment, users wouldneed to download the spreadsheets to do an analysis if desired.

Yes, with the Einstein Tool. The tool that uses
artificial intelligence to analyze past behavior tofind trends and make predictions to know which ones need attentions, which leads are morelikely etc.

Yes, some analysis, but they mostly show
counts
Yes, they have built‐in analysis features thatcan show you how many flyers/brochures weredistributed, how many site visits were made, etc.

Able to export information to excel? Yes, as well as PDF or image file Yes Yes, can also customize what information gets exported in a spreadsheet. Anyone with access
to the database can run a report anytime they
want. If there's one particular report that you
repeatedly want to keep track of, you can
schedule it to be sent to you daily, weekly,
monthly, etc.

Yes, and can customize the information a user
wants to export.

Yes, and can customize the information a user
wants to export.

Compatibility with other platforms? No. They do not do this because of errors and inconsistencies not caught by API.

Yes, compatible with hauler billing systems:
‐ A.M. Disposal
‐ AAA Rubbish‐ American Reclamation‐ Athens Disposal Company‐ Calmet Services‐ CR&R‐ G‐B Rubbish ‐ Haul‐Away‐ Rubbish Service‐ Key Disposal‐ NASA Services‐ Quality Waste Service‐ Republic Services‐ Serv‐wel Disposal‐ Universal Waste Systems‐ Waste & Recycling Services‐ Waste Management Yes, compatible with many different apps. Likely no Yes, can be integrated with over 2000 other apps including the user's email so that you can
see a person's calendar within the platform.This feature is useful if you are assigning a task to a user and need to see their availability to
schedule meeting.

Other notes ‐ Working to ensure security by making sure Samal security level is met
‐ The approach on Minerva is to focus on
reporting (the company is mostly accountantsthat like excel spreadsheets or PDFs) ‐ Use AI to try help automate things for haulers
‐ They can do custom development and are
flexible with their clients to create features thatmay be useful for all their clients ‐ Database is very customizable and they like to
work with clients to accommodate for their
budgets‐ Salesforce is good if we have to do a lot ofintegration with different platforms ‐ Can customize how we want. There is a team
at Fulcrum that's available to help but the
platform is designed for users to customize to
fit needs.‐ Suggested to do a free trial to try out the platform and app
‐ When tagging a location or residence on themap, their platform may already have residentinformation listed.‐ The app also has GPS tracking to ensure that the field rep actually visited the site. This is a
feature that's helpful for customers that have
canvassers because they need to be within 10
feet of the location they marked that they
canvassed at.

Notes:A few of the platforms provided pricing based on users per month, so cost comparisons between the five platforms used the assumption of 50 users per year.

Saleforce features above are based on the Executive PlanFulcrum features above are based on the Professional Plan 326

STAFF REPORT

CITY COUNCIL

Agenda Item 4.12
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Commercial Façade Improvement Grant Program Agreement for Box World Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Box World. The business has requested participation in the program to assist with improvements to the building’s exterior signage.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World.

FINANCIAL IMPACT:

There is sufficient funding available in the Fiscal Year 2021-22 Budget for this reimbursement.

DESCRIPTION:

In December 2011, the City Council adopted the Commercial Façade Improvement Grant Program to improve the physical appearance of the Downtown Dublin Specific Plan (DDSP) area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road (Program Area), encourage the retention of existing businesses, and increase property values, tenant stability, and lease rates in the area. The Program leverages public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Program Area.

In June 2016, the City Council adopted changes to the Program to:
 expand the allowance of architectural assistance;
 encourage timely results;
 prioritize selection of projects which promote downtown activation (such as outside 327

gathering and dining spaces);
 promote project competitiveness;
 clarify applicant preparedness; and
 make the requirements of the Program more understandable to applicants.

Under the Program, commercial property owners or tenants with long-term leases (five years or more) within the Program Area can apply for one of two façade improvement grants:
 Mini-Grant – provides reimbursement of up to $5,000 for commercial building façade improvements with no match requirement.
 Matching Grant – provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000. The total cost of the improvement work must be greater than $5,000. Receipt of a matching grant requires the approved applicant to contribute a minimum of one-third of the total cost of the façade improvement costs.

In January 2022, Staff received an application for a Mini-Grant from Box World (7007 Dublin Boulevard). The business leases retail space in the Dublin Plaza shopping center where there are other retail, restaurant, and personal services establishments, such as Athens Burger, Dublin Cyclery, Hair Emporium, and CosmoProf. The shopping center recently underwent façade improvements and was approved for a Master Sign Program (MSP). As a result, updated exterior signage was required for all the tenants to conform to the new MSP requirements.

The applicant is requesting a Mini-Grant in an amount not to exceed $5,000 to help offset the costs of installing new signage, including but not limited to fabrication and installation.

The applicant’s proposed signage has been reviewed and approved by the Community Development Department – Planning Division to ensure the signage meets the approved MSP requirements. The new signage matches the existing façade and provides a clean and uniform look for the shopping center.

Economic Development Committee Consideration
On March 15, 2022, the City Council’s Economic Development Committee considered the application and by consensus, recommended City Council approval of the application. This recommendation falls under the Committee’s purview to provide policy guidance and direction on economic development activities.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this Staff Report was sent to the applicant.

ATTACHMENTS:
328

1) Resolution Approving Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World
2) Exhibit A to the Resolution – Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World 329
Attachment 1
RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING A COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM

AGREEMENT BETWEEN THE CITY OF DUBLIN, DUBLIN PLAZA,

AND BOX WORLD
WHEREAS, for decades, state and local governments have used economic development incentives to attract or retain jobs and/or improve the local tax base; and WHEREAS, the City Council of the City of Dublin adopted Resolution No. 216-11 on December 20, 2011, which established a Commercial Façade Improvement Grant Program ("Program") intended to improve the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, encouraging the retention of existing businesses, as well as increase property values, tenant stability, and lease rates for the property; and WHEREAS, the Program authorizes the City of Dublin to enter into agreements with commercial property owners, or tenants with long-term leases (five or more years remaining on the lease at the time a Program application is submitted) to apply for either 1) a mini-grant for reimbursement of up to $5,000; or 2) a matching grant, that provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000; and WHEREAS, Box World (applicant) leases from Property Owner certain real property located at 7007 Dublin Boulevard (APN 941-0210-027-02), located in the Program area within the City; and WHEREAS, the Applicant intends to improve the façade of the building on the property identified in this Resolution; and
WHEREAS, the City Council finds that the Agreement serves a public purpose in that it will help improve the physical appearance of Dublin Boulevard in the Program area, encourage the retention of existing businesses, and increase property values and tenant stability, thus benefitting the City and its residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Commercial Façade Improvement Grant Program Agreement between the City of Dublin, Dublin Plaza, and Box World, attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, in substantially the form attached, and to make any minor modifications to the Agreement as necessary to carry out the intent of this Resolution.
{Signatures on the following page}
330
PASSED, APPROVED AND ADOPTED this 7th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

____________________________
City Clerk
331
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 1 of 12 City Grant Amount up to: $5,000
Estimated Project Costs: $4,535
COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF DUBLIN, PETER (FRED) N. DELANOY, TRUSTEE, AND BOX WORLD INC.

THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated 7, 2022, the date of execution by the City (the “Effective Date”) is entered into by and between the City of Dublin, a public body corporate and politic ("City"), Peter (Fred) N. Delanoy, Trustee (“Owner”), and Box World Inc.(“Tenant”). Owner and Tenant shall be collectively referred to as “Applicant”.

R E C I T A L S
A. The City has adopted a Commercial Façade Improvement Grant Program (“Program”) in order to provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the facades of their buildings.

B. Applicant is the tenant/owner of that certain real property located at 7007 Dublin Boulevard (A.P.N. 941-0210-027-02), in Dublin, California (the “Site”), and within the boundaries outlined by the Commercial Façade Improvement Grant Program Guidelines (“Program Guidelines”).

C. Applicant has submitted an application to the City pursuant to the Program Guidelines for a grant for certain improvements to the Site, and City has determined that Applicant and the Site meet the eligibility criteria for the Program.

D. City desires to enter into this Agreement because improvement of the Site will enhance the physical appearance and economic vitality of commercial businesses, encourage full occupancy of storefronts, generate additional tax revenue and assist in providing an environment for the social, psychological and economic growth and well-being in the boundaries outlined by the Program Guidelines and the citizens of the City.

E. Applicant desires to enter into this Agreement with City to receive assistance in making certain improvements to the Site, and City is willing to do so on the terms and conditions set forth in this Agreement.

A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:

Section 1. GENERAL.

1.1 Term. This Agreement shall begin on the Effective Date and expire five (5) years following the Applicant’s approval of contractor’s notice of completion (“Term”).

Section 2. IMPROVEMENT OF THE SITE.

Attachment 2
Exhibit A to the Resolution
332
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 2 of 12

2.1 Scope of Work. Applicant shall complete the proposed project in accordance with the Scope of Work attached hereto as Exhibit A (the “Project”).

2.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse to the Applicant a sum not to exceed five thousand dollars ($5,000) (the “Grant Amount”), for certain eligible improvements (the “Eligible Improvements”) as set forth below:
a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit B attached hereto.
b. All services to be performed by a third-party contractor shall be the subject of agreement between Applicant and the third-party contractors. The City shall not assume any liability for such agreements. The Applicant shall submit to the City all invoices from the contractor or contractors for work performed on the Eligible Improvements in order to receive reimbursement.
c. A representative of the City shall inspect the completed Project after a notice of completion has been submitted to the City.
d. The City will only issue the Grant Amount after the Project has been completed. Upon determination by the City's representative that Project has been completed in conformance with the Scope of Work (Exhibit A) and the City approvals, the City shall issue a check made payable to the Applicant in an amount equal to the lesser of the Grant Amount or the actual amount of the invoices submitted to the City by the Applicant. The City Manager in his or her sole discretion may issue the Grant Amount at an earlier time than set forth in this Section 2.2(d), if the Applicant can demonstrate good cause. e. Any and all costs of the Project including, but not limited to the Eligible Improvements, which are in excess of the Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant.

2.3 Permits and Approvals. Before commencement of the Project, Applicant shall secure or cause to be secured any and all permits which may be required by the City and any other governmental agency affected by such construction or work.

2.4 Commencement of the Project. Within 60 days after the Effective Date, Applicant shall have selected and authorized one or more contractors to complete the Project, and shall have provided notice to the City of such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors to complete the Project within such 60-day period, the City may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement. All contractors performing work on the Project must be licensed in the State of California.

2.5 Building Permit. A Building Permit must be obtained within six months of the Effective Date. In the event the Applicant fails to obtain a Building Permit within such six-month period, the City may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party 333
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 3 of 12 shall have any further rights against or liability to the other in connection to this Agreement. An additional six-month extension may be approved with the City’s prior written consent. Notwithstanding the foregoing, no work shall be performed prior to both 1) issuance of the Building Permit and 2) approval of this Agreement by the Dublin City Council. Any work performed prior to both building permit issuance and City Council approval will not be eligible for reimbursement.

2.6 Completion of the Project. Applicant shall complete the Project and satisfy all other obligations and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision from time to time as mutually agreed upon in writing between Applicant and the City Manager, or their designee. Upon completion, Applicant shall require contractors’ completion notice signed by the contractor. When the Project is completed as set forth in this Agreement, a notice of completion shall be delivered to and approved by the Applicant. Notice of completion shall then be delivered to the City as set forth in this Section 2.6.

Section 3. INSURANCE REQUIREMENTS.

Before fully executing this Agreement, Applicant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Applicant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement. Applicant shall not allow any contractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED

INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Applicant shall maintain all required insurance listed herein for the duration of this Agreement.

3.1 Workers’ Compensation.

3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a selfinsurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
334
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 4 of 12

3.1.2 Submittal Requirements. To comply with Subsection 3.1, Applicant shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section for all contractor(s) performing work related to the Project; and b. Waiver of Subrogation Endorsement as required by the section for all contractor(s) performing work related to the Project.

3.2 Commercial General and Automobile Liability Insurance Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Applicant or its contractor and its agents, representatives, employees, and subcontractors. Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement. Applicant shall not allow any contractor or subcontractor to commence work on until Applicant has obtained all insurance required herein for the contractor or subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 10. In the event Applicant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later.

3.2.1 Commercial General and Automobile Liability Insurance.

3.2.1.1 General requirements. Applicant and all contractors and subcontractors, at their own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
335
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 5 of 12

3.2.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). No endorsement shall be attached limiting the coverage.

3.2.1.3 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

3.2.1.4 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Any failure of Applicant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

3.2.1.4.1 An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Applicant shall notify City within 14 days of notification from Applicant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

3.2.1.4.2 For Applicant’s contractors and subcontractors, an endorsement for completed operations for the construction project, such as the CG 20 37 “Additional Insured— Owners, Lessees or Contractors—Completed Operations” endorsement form, 336
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 6 of 12 shall be submitted by Applicant to the City no later than 30 days after completion of the Project.

3.2.1.5 Submittal Requirements and Verification of coverage. Applicant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
a. Prior to execution of this Agreement, Applicant shall submit:
i. Certificate(s) of Commercial General Insurance and Automobile Liability Insurance; and
ii. Additional Insured Endorsement such as CG 20 10 “Designated Person Or Organization Endorsement”.
b. Prior to commencement of the Project as described in Section 2.4., Applicant shall furnish City with contractor’s certificates of insurance and with original endorsements effecting coverage required herein.

3.2.1.6 Contractors and Subcontractors. Applicant agrees to include with all contractors or subcontracts the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound to Applicant and the City in the same manner and to the same extent as Applicant is bound to the City under the Contract Documents.

3.2.1.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.

3.2.1.8 Deductibles and Self-Insured Retentions. Applicant and its contractor(s) shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

3.2.1.9 Wasting Policies. No policy required by this Section 3 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 337
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 7 of 12

3.2.1.10 Endorsement Requirements. Each insurance policy required by this Section 3 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

3.2.1.11 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

3.2.1.12 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Applicant shall provide written notice to City at Applicant’s earliest possible opportunity and in no case later than five days after Applicant is notified of the change in coverage.

3.2.2 Term of Coverage. Applicant, at its own cost and expense, shall maintain all insurance policies required by this Agreement for the duration of the Agreement’s Term. Applicant shall require that all contractors and subcontractors, at their own cost and expense, maintain the insurance policies required by this Agreement until the Project is complete and the Applicant accepts contractor’s completion notice.

3.2.3. Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Applicant’s breach:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Applicant to stop work under this Agreement or withhold any payment that becomes due to Applicant hereunder, or both stop work and withhold any payment, until Applicant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.

Section 4. PREVAILING WAGES.

Applicant shall require any contractors performing work under this Agreement to pay prevailing wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the project.
338
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 8 of 12 The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors or subcontractors in connection with the Project. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with requirements of such Section 1776.

Section 5. MAINTENANCE COVENANTS.

The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if any, at least once a year.

The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Project. During this 60-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the improvements made with City funds, without the prior written consent of City which consent may be conditioned by City to preserve those features to the extent necessary to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation.

5.1 Improvements Cannot Be Removed by Applicant Without City’s Consent. All Eligible Improvements will become permanent fixtures of the property and cannot be removed by Owner upon expiry or termination of the lease of current tenant at the Site or sale of the property. Exceptions can be made with the prior written consent of the City. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Applicant and its Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Applicant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

6.4 Licenses and Permits. Applicant represents and warrants to City that its Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Applicant represents and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole 339
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 9 of 12 cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City and Applicant’s Contractor and any subcontractors shall obtain and maintain a valid Business Licenses from City during the construction phase of the project.

6.5 Nondiscrimination and Equal Opportunity. Applicant and its Contractor and any subcontractors shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Applicant under this Agreement.

Section 7. GENERAL PROVISIONS.

7.1 Rights of Access. Representatives of the City shall have the reasonable right to access the Site, without charges or fees, for the purpose of inspecting the Project, including the Eligible Improvements. City (or its representatives) shall, except in emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of the Site in accordance with applicable law.

7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

7.3 Assignment. Applicant shall have the right to assign all of its rights and obligations under this Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice of the assignment.

7.4 Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City:

City of Dublin
100 Civic Plaza
340
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 10 of 12 Dublin, CA 94568
Attention: City Manager
Phone: (925) 833-6650
Email: [email protected]
To Applicant:

Owner
Dublin Plaza
373 Village Square
Orinda, CA 94563
Attention: Fred Delanoy
And
Tenant
Box World Inc.
7007 Dublin Boulevard
Dublin, CA 94568
Attention: Rommel Guevara
Phone: (925) 833-0738
Email: [email protected]
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party.

7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements. Applicant agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Applicant with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements.

7.6 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, contains the entire understanding between the parties relating to the transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.
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Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 11 of 12

7.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

7.8 Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

7.9 Applicant's Indemnity; Waiver. Applicant shall indemnify, defend (with counsel reasonably acceptable to City), protect and hold City, and its officers, employees, agents and representatives, harmless from, any and all Claims of any kind or nature arising out of the Project or this Agreement or the implementation hereof, including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees and costs), which may be caused by the work performed under this Agreement or any activities associated with the Project, whether such activities or work is performed by Applicant or by anyone directly or indirectly employed or contracted with by Applicant.

Applicant's indemnity obligations under this section shall survive termination of this Agreement. Applicant's indemnity obligations under this section shall not extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the active negligence or willful misconduct of the City, or its officers, employees, agents or representatives.

Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with this Agreement, the performance of the work, or Applicant's obligation to comply with all laws with respect to the work.

7.10 Non-liability of Officials and Employees of City. No member, official or employee of the City shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Applicant or its successors, or on any obligations under the terms of this Agreement.

7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

7.12 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the City and Applicant and no other third party shall have any right of action under this Agreement.

7.13 Disclosure of Documents. Applicant acknowledges that the City is subject to the provisions of the California Public Records Act and that any information submitted to the City may be disclosed to the extent required by law.

7.14 Liability. Owner is wholly liable for any Claims arising out of this Agreement.

7.15 Termination. In addition to City’s right to terminate under Section 2.4 and 2.5, City or Applicant may terminate this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations under this Agreement. 342
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter (Fred) N. Delanoy, Trustee, and Box World Inc. Page 12 of 12 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY:

CITY OF DUBLIN, a municipal corporation
By:
____________________________________
Linda Smith, City Manager
Attest:
____________________________________
Marsha Moore, City Clerk
Approved as to form
____________________________________
John D. Bakker, City Attorney
PROPERTY OWNER:

Dublin Plaza
By:
____________________________________
Peter (Fred) N. Delanoy, Trustee, Owner
TENANT:

Box World Inc., a California sole proprietorship
By:
____________________________________
Rommel Guevara, Owner
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Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter ( Fred) N. Delanoy, Trustee, and Box World Inc. Exhibit A - Page 1

EXHIBIT A

SCOPE OF WORK
344
Commercial Façade Improvement Grant Program Agreement Between City of Dublin, Peter ( Fred) N. Delanoy, Trustee, and Box World Inc. Exhibit B - Page 1

EXHIBIT B

ELIGIBLE IMPROVEMENTS
Applicant is the property/business owner of Box World located at 7007 Dublin Boulevard (A.P.N. 941-0210- 027-02) in Dublin, California and shall construct and install the façade improvements including, but not limited to the following:

Box World exterior signage, 3” deep, face-lit illuminated metal channel letters with translucent white acrylic faces and vinyl overlays, returns are painted white. 345

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