Cities Index.
Agenda packet

Dublin City Council
July 19, 2022

Document
Agenda packet
Meeting
July 19, 2022
Body
Dublin City Council
Pages
16
Original file
76.6 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

Agenda Item 4.10
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Proclamations for the Month of August
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:

The City Council will consider the following proclamations for the month of August in the City of Dublin: National Night Out and American Muslim Appreciation and Awareness Month.

STAFF RECOMMENDATION:

Approve the proclamations.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider the following proclamation for the month of July:

1. National Night Out

2. American Muslim Appreciation and Awareness Month
STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
387

Page 2 of 2 ends

1) National Night Out Proclamation
2) American Muslim Appreciation and Awareness Month Proclamation 388
Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“National Night Out”
WHEREAS, National Night Out was introduced by the National Association of Town Watch (NATW) in 1984 and began as a concept for generating greater crime prevention involvement among residents; and WHEREAS, what started with residents simply leaving their porch lights on soon progressed to something bigger: neighbors organizing cookouts, parades, contests, neighborhood walks, festivals, rallies, and community service events; and WHEREAS, National Night Out was designed to promote civic pride and unity among neighbors who share an anti-drug and anti- crime stance; and
WHEREAS, today, more than 35 million people and over 15,000 communities participate in National Night Out; and WHEREAS, this year, National Night Out will be celebrated on Tuesday, August 2 in the City of Dublin; and WHEREAS, the “39th Annual National Night Out” gives the citizens of the City of Dublin a great chance to be part of a nationwide effort to promote police and community crime prevention efforts.

NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim August 3, 2021 as “National Night Out” in the City of Dublin and encourages all citizens to participate in this community event.

DATED: July 19, 2022

Mayor Melissa Hernandez Vice Mayor Jean Josey

Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 389
Attachment 2

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“American Muslim Appreciation and Awareness Month”
WHEREAS, Freedom of religion holds distinction as a cherished right and a fundamental value upon which the law and ethics of the United States are based; and
WHEREAS, the City of Dublin takes great pride in supporting individual religious freedoms and is strengthened by contributions of its diverse population, including those Americans who practice Islam, and WHEREAS, the earliest Muslim immigrants worked on farms and made significant contributions to early agricultural efforts, and approximately one million Muslim Americans currently reside in communities throughout California, the highest number in the United States, and
WHEREAS, the citizens of the City of Dublin benefit from Muslim religious, charitable, educational and empowerment organizations that operate within the City, and
WHEREAS, members of the Dublin Muslim community have been strong advocates for equity and inclusion at the municipal and state levels of education and social programs that support all Dubliners, and WHEREAS, it is appropriate to promote awareness of the many contributions of American Muslims in Dublin and across the nation and extend to them the respect every American deserves.

NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim August 2022 as “American Muslim Appreciation and Awareness Month” in the City of Dublin and encourages all citizens to affirm and celebrate the contributions of our Muslim community members.

DATED: July 19, 2022

Mayor Melissa Hernandez Vice Mayor Jean Josey

Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 390

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 4.11
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Third Amendment to Land Lease with U.S. Bank National Association Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:

The City Council will consider a Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association.

FINANCIAL IMPACT:

The Lease Amendment will provide the City with rental income for the lease term in the amount of $119,040 per year for five years, an increase from the current lease rate of $54,528 per year.

Additionally, U.S. Bank will surrender the current bank building to the City upon the expiration of the lease. Staff recommends that all lease revenue be deposited in a General Fund Assigned Reserve to fund any future desired building improvements.

DESCRIPTION:

In May 2007, the City acquired fee title to the real property formerly known as the Dublin Square Shopping Center located at 11759 Dublin Boulevard (APN 941-1560-007-01) from Berkeley Land Co. through a Purchase and Sale Agreement. The City acquired the property for the development of Dublin Heritage Park and Museums. By acquiring this property, the City then became the landlord for U.S. Bank’s Land Lease dated April 14, 1967, and LeaseAmendment dated May 9, 1990. This lease is set to expire on October 31, 2022.

At this time, the City and U.S. Bank National Association (as tenant) desire to amend the lease to 391

Page 2 of 2 ends

extend the lease term by five years, adjust the rent to market rate, and clarify the process by which U.S. Bank will surrender the building and improvements to the City upon the expiration of the lease and at no cost to the City.

The Dublin Heritage Park Master Plan identifies the area where the current bank building is located for a 45-space parking lot. However, Staff recommends establishing a new General Fund Assigned Reserve for future building improvements and deposit all lease revenues for the extended term to fund such improvements when the City assumes the building. Over the next five years Staff will work with the City Council to identify and plan for the future use of this building through the normal Capital Improvement Program process.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Third Amendment to Land Lease Between the City of Dublin and U.S.

Bank National Association
2) Exhibit A to the Resolution – Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association
3) Ground Lease and First and Second Amendments
392
Attachment
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 THE THIRD AMENDMENT TO LAND LEASE
BETWEEN THE CITY OF DUBLIN AND U.S. BANK NATIONAL ASSOCIATION WHEREAS, in May 2007 the City acquired the property formerly known as the Dublin Square Shopping Center located at 11759 Dublin Boulevard (APN 941-1560-007-01) for the development of Dublin Heritage Park and Museums; and
WHEREAS, by acquiring the property, the City became the landlord of U.S. Bank’s Land Lease dated April 14, 1967, which was subsequently amended on May 9, 1990, and December 18, 2007; and
WHEREAS, the term of the lease is set to expire on October 31, 2022; and WHEREAS, the City and U.S. Bank National Association desire to amend the Original Land Lease to extend the lease term by five years, adjust the rent to market rate, and clarify the process by which U.S. Bank will surrender the building and improvements to the City upon the expiration of the lease and at no cost to the City; and WHEREAS, the City and U.S. Bank National Association have negotiated a Third Amendment to Land Lease, attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Third Amendment to Land Lease, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution. {Signatures on the following page}
393
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
394
Third Amendment to Land Lease July 19, 2022
Between the City of Dublin and U.S. National Bank Assoc. Page 1 of 5

THIRD AMENDMENT TO LAND LEASE
THIS THIRD AMENDMENT TO LAND LEASE (this “ Amendment”) is made effective as of July 19, 2022 (the “Effective Date”), by and between the City of Dublin, a California Municipal Government (“Lessor”), and U.S. Bank National Association, a national banking association (“Lessee”).

RECITALS
A. Berkeley Land Company (“ Original Lessor ”) and First National Bank of Pleasanton (“Original Lessee”) entered into that certain Land Lease dated as of April 14, 1967 (the “Original Land Lease”), under which Original Lessor leased to Original Lessee , the real property located at the address commonly known as 11805 Dublin Boulevard, Dublin, California (APN 941-1560-007-01) and legally described in the Original Lease (the “ Premises”). The Original Land Lease was subsequently extended by letter dated December 5, 1986.

B. Original Lessor and Community First National Bank, as successor-in-interest to Original Lessee, entered into that certain Lease Amendment dated as of May 9, 1990 (the “First Amendment”).

C. Lessor succeeded to the interest of Original Lessor pursuant to that certain Assignment and Assumption of Leases dated May 9, 2007, under which Lessor acquired all of Original Lessor’s right, title and interest in, to and under the Original Lease, as amended.

D. Lessor and Lessee subsequently entered into that certain Second Amendment to Land Lease dated as of December 18, 2007 (the “Second Amendment”).

E. The Original Lease, the First Amendment and the Second Amendment shall hereinafter be collectively referred to as the “Lease”.

F. The term of the Lease is set to expire on October 31, 2022, and Lessor and Lessee desire to amend the Lease to alter certain provisions thereof upon the terms and conditions set forth below.

NOW, THEREFORE, for valuable considerations, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows.

1. Term. The term of this Lease shall be extended for an additional period of five (5) years commencing on November 1, 2022 and expiring on October 31, 2027 (the “Extended Term”).

2. Rent. Commencing on November 1, 2022, Lessee shall pay to Lessor annual rent in the amount of One Hundred Nineteen Thousand Forty and 00/100 Dollars ( $119,040.00) in advance in equal monthly installments of Nine Thousand Nine Hundred Twenty and 00/100 Dollars ($9,920.00).

3. Directional Signage. U.S. Bank shall have the right, at its sole cost and expense, to install directional signage on the Premises for purposes of directing the flow of traffic to, from and within the Premises.

Attachment 2
Exhibit A to the Resolution
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Third Amendment to Land Lease July 19, 2022
Between the City of Dublin and U.S. National Bank Assoc. Page 2 of 5

4. Surrender. The parties deem Lessee to be the owner of the approximately 3,100 square foot building and improvements located on the Premises (the “ Improvements”) so long as the Lease remains in effect. Upon expiration of this Lease, Lessee shall surrender the Premises to Lessor and leave any Improvements in their as-is, where-is condition. Lessee, at its sole cost and expense, shall remove Lessee’s signs, including directional signage, furniture, equipment (other than building service equipment, such as HVAC equipment), appliances, trade fixt ures, personal property and inventory at the expiration of the Lease Term . The Improvements and the appurtenances thereto remaining upon the Premises after surrender thereof shall automatically become the property of the Lessor from and after the expiratio n of the Lease term. Upon the expiration of th is Lease, or the sooner termination thereof, upon Lessor’s written request, Lessee agrees to execute, acknowledge, and deliver to Lessor a proper instrument in writing drafted by Lessor, at its sole expense, releasing, and quitclaiming to Lessor all right, title, and interest of Lessee in and to the Premises and all improvements thereon. Notwithstanding anything herein to the contrary, Lessor must provide Lessee with written notice of any claim or demand relating to this Section or the surrender condition of the Premises on or before the thirtieth (30 th) day after the earlier of the day on which (i) Lessee surrenders the Premises to Lessor, or (ii) the Lease term expires or the Lease otherwise terminates.

If Lessor fails to provide such notice, Lessor shall be deemed to have waived all claims against Lessee for any damages that arise out of or money owed as a result of Lessee’s surrender of the Premises. Nothing by way of this section is intended to relieve Lessee of its obligation to surrender the Premises at the expiration of the Lease Term. This Section 4, is intended to, and expressly does, replace and supersede Section 10, Option to Purchase Building of the Original Land Lease.

5. Operating. Notwithstanding anything to the contrary contained in the Lease, Lessee shall not be required to operate at the Premises and shall not be subject to any operating restrictions within any distance or geographic area surrounding the Premises.

6. Self-Insurance. Notwithstanding anything to the contrary contained in the Lease, Lessee shall have the right to self-insure, in whole or in part, for any insurance requirement contained in the Lease.

7. Confidentiality. Lessor acknowledges that Lessee is a federally regulated financial institution that must comply with the safeguards for customer information contained in the Gramm-Leach-Bliley Act and regulations promulgated pursuant to the Gramm -Leach-Bliley Act. Lessee agrees to take reasonable measures to protect its confidential and proprietary information, including but not limited to Lessee’s customer, commercial or technical information (collectively, “ Confidential Information”).

In certain situations contemplated under this Lease, Lessor may have access to the Premises and, therefore, to Lessee’s Confidential Information. Lessor hereby agrees that it shall not reproduce or disclose any of Lessee’s Confidential Infor mation to any third party nor may it remove any such Confidential Information from the Premises. Notwithstanding anything to the contrary in this Lease, upon expiration of this Lease, if any Confidential Information remains on the Premises, Lessor shall either return the same to Lessee or destroy it. If Lessor or any of its representatives or agents breaches the covenants set forth in this paragraph, irreparable injury may result to Lessee or such third parties entrusting Confidential Information to Lessee. Therefore, Lessee’s remedies at law may be inadequate and Lessee shall be entitled to seek an injunction to restrain any continuing breach.

If Lessor or any of its agents knows or reasonably believes that any Confidential Information in Lessor’s control has been stolen, disclosed, lost, or is unaccounted for (collectively, a “Disclosure”), 396
Third Amendment to Land Lease July 19, 2022
Between the City of Dublin and U.S. National Bank Assoc. Page 3 of 5 Lessor must immediately notify Lessee and take commercially reasonable measures to assist Lessee in determining the extent of the Disclosure.

8. Authority. Lessor and Lessee represent and warrant that each has all the necessary approvals and authority to enter into this Lease and shall indemnify and hold each other harmless for any breach of this representation and warranty.

9. No Existing Defaults. Lessor and Lessee represent and warrant that there are currently no defaults by either party under the Lease.

10. Notices. Any notices to Lessor and/or Lessee under this Lease must be in writing and must be hand- delivered, sent by prepaid certified mail or by reputable overnight courier addressed to the following, all other notice requests shall remain as stated herein:

Lessee: U.S. Bank National Association
Attn: Corporate Real Estate
800 Nicollet Mall, BC-MN-H15F
Minneapolis, Minnesota 55402

With a copy to: U.S. Bank National Association
800 Nicollet Mall, BC-MN-H21R
Minneapolis, Minnesota 55402
Attn: Corporate Real Estate Counsel

Lessor: City of Dublin
100 Civic Plaza
Dublin, California 94568
Attn: Linda Smith, City Manager

With a copy to: Meyers Nave
555 12th Street, Suite 1500
Oakland, California 94607
Attn: John D. Bakker, City Attorney

11. Counterparts and Electronic Signatures . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

12. Ratification. All of the terms of the Lease, as amended hereby, are hereby ratified and confirmed.

13. Defined Terms. Unless otherwise stated, all capitalized words in this Amendment that are not normally capitalized shall have the meaning ascribed in the Lease. 397
Third Amendment to Land Lease July 19, 2022
Between the City of Dublin and U.S. National Bank Assoc. Page 4 of 5

14. Entire Agreement . This Amendment, together with the Original Land Lease contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto.

[Space Intentionally Left Blank; Signature Page Follows]

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STAFF REPORT

CITY COUNCIL

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Agenda Item 4.12
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Boulevard Development Public Art
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:

The City Council will consider Dublin Crossing, LLC.’sproposal for public art at the Boulevard Development and the associated Public Art Installation and Maintenance Agreement.

STAFF RECOMMENDATION:

Approve the artworks and adopt the Resolution Approving a Public Art Installation and Maintenance Agreement with Dublin Crossing, LLC., for Public Art at the Boulevard Development.

FINANCIAL IMPACT:

This is developer-installed artwork. There is no impact on City funds. The developer's Public Art obligation is $2,720,401.

DESCRIPTION:

Background and Public Art Master Plan
Dublin Crossing, LLC. is the developer completing the multi-neighborhood residential development as part of the Dublin Crossing Specific Plan, commonly known as the Boulevard. The development is being constructed in five phases, with the public art obligation for all phases totaling more than $2.7 million. As part of the Site Development Review approved by the City Council, Dublin Crossing has elected to install public art on site.

Due to the size and complexity of the project, phased nature of construction, and high valuation of the obligation, Dublin Crossing completed the Boulevard Public Art Master Plan that the City Council approved in October 2017. That plan, included in Attachment 2, outlines locations, types of artworks, and artists.
420

Page 2 of 3 ends

Since the approval of the Boulevard Public Art Master Plan, Staff has been collaborating with the developer on project implementation. In July 2019, the Heritage and Cultural Arts Commission reviewed the developer-proposed artists and artworks. Following deliberation, the Commission voted unanimously to approve the artworks with considerations.

Design Proposals
The developer has proposed three monument sculptures and one functional artwork. The artists and proposals are included in Attachment 2.

The first two pieces are by artist Kevin Box of Santa Fe, New Mexico. Kevin Box has received numerous awards, including the Award of Excellence by the Structural Engineers Association of California, and his work is part of art collections worldwide. Mr. Box creates monumental metal sculptures that mimic delicate origami, the Japanese art of paper folding.

Mr. Box’s Rising Peace will serve as a gateway monument opposite the Recreation Center. It will feature five orizuru, or paper cranes, stacked upon a natural boulder in an arch. Cranes are considered the most classic of origami designs and symbolize peace in Japan. Mr. Box will also create Iron Horses, a trio of monumental origami horses in white, black, and natural bronze, to serve as a gateway to the Iron Horse Trail.

The next piece is by artist David Duskin of Petaluma, California. Mr. Duskin is a trained artist, blacksmith, metal fabricator, and instructor at the Academy of Art University in San Francisco. The artwork, titled “Each Other,”are two inflated cor-ten steel sculptures with textured planes and vertical engravings. The columns are created using an unusual heating technique and inflating the steel to create a balloon-like effect. Standing at approximately 14 feet tall, these two pieces will be located in a pocket park near the intersection of Arnold Road and Central Parkway.

The last piece is by artist Tyler Van Der Stappen of Ogden, Utah. The piece features a corkscrew- like bike rack that will be located outside of the Boulevard Recreation Center. The bike rack will resemble a wine cork with a spiral corkscrew upon which bikes can be locked. Mr. Van Der Stappen’s original proposal also included a series of public art benches that the Heritage and Cultural Arts Commission appreciated but had concerns about how diverse cultures could perceive the designs. Following research on the proposed hand positions that were creating the bases for the functional benches, these proposals have been omitted from the final proposal.

Staff Review and Community Outreach
Designs have been reviewed internally by the Planning Division and Public Art Staff. Staff has no concerns with the safety or design of the proposed artworks. Complete structural design and permitting will be required before fabrication and installation.

As specified in the City’s Public Art Master Plan, members of the public were invited to participate in the review and selection of artists and artworks. In June 2019, the developer hosted a public reception where the public met with the artists to view renderings and maquettes of the proposed artworks. Approximately 75 people attended the reception, and all feedback was positive.

Installation and Maintenance Agreement
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As part of the Site Development Review process, a condition of approval is established to ensure the requirements of the Public Art Ordinance are met. Furthermore, on private developments that choose to install public art on site, the City and Developer enter into a Public Art Installation and Maintenance Agreement (Attachment 2). The agreement will ensure the art is installed as proposed and the Developer is familiar with the maintenance requirements that must be conducted for the life of the art.

The Public Art Installation and Maintenance Agreement also details the public art obligation. For this project, the total obligation is $2,720,401, of which $750,000 has been satisfied in the form of cash contributions to the City, insurance and maintenance endowments to the Boulevard Homeowners Association, and a cash contribution for the inclusion of the Don Biddle Bust at the future Don Biddle Community Park.

Furthermore, the Public Art Installation and Maintenance Agreement establishes an agreed-upon installation timeline. The City and Dublin Crossing desire to have all artworks completed and installed prior to occupancy of the 1,500th unit. As of June 30, 2022, 983 of the planned 1,758 units have been completed. Should the artworks not be done before the completion of the 1,500th unit, Dublin Crossing will be required to obtain faithful performance labor and material bonds to ensure the artworks are completed as proposed.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of the Staff Report was provided to Dublin Crossing, LLC.

ATTACHMENTS:
1) Resolution Approving a Public Art Installation and Maintenance Agreement with Dublin Crossing, LLC., for Public Art at the Boulevard Development. 2) Exhibit A to the Resolution – Public Art Installation and a Maintenance Agreement with Dublin Crossing, LLC., for Public Art at the Boulevard Development. 422
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 07/19/2022 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT WITH DUBLIN CROSSING, LLC., FOR PUBLIC ART AT THE BOULEVARD DEVELOPMENT WHEREAS, Dublin Crossing, LLC., (“Developer”) is currently developing a multi-phased development of up to 1,995 residential units known as Boulevard; and WHEREAS, Developer is required under Dublin’s Public Art Ordinance, Municipal Code sections 8.58.060(A) and 8.58.070(D), to install public art approved by the City Council and enter into a Public Art Installation and Maintenance Agreement; and WHEREAS, on October 17, 2017, the City Council approved Developer’s Public Art Master Plan that outlined potential artists and locations for public art; and WHEREAS, on July 11, 2019, the Heritage and Cultural Arts Commission reviewed the Developers public art proposal and voted unanimously to recommend the artworks to the City Council; and
WHEREAS, upon recommendation by the Heritage and Cultural Arts Commission, on July 19, 2022, the City Council approved Developer’s proposed public artworks by artists Kevin Box, David Duskin, and Tyler Van Der Stappen; and
WHEREAS, Developer has entered into contracts with the selected artists to complete the approved artwork; and
WHEREAS, Developer is prepared to install the completed artwork as required and as outlined in the Public Art Installation and Maintenance Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the artworks as proposed and approve the Public Art Installation and Maintenance Agreement with Dublin Crossing, LLC., attached hereto as Exhibit A, and authorizes the City Manager to execute the Agreement and make any necessary, non- substantive changes that carry out the intent of this Resolution. {Signatures on the follow page}
423
Reso. No. XX-22, Item X.X, Adopted 07/19/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
424
{7288.01/00572604.1}

PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT FOR THE

PUBLIC ART AT THE BOULEVARD DEVELOPMENT
This

PUBLIC ART INSTALLATION AND MAINTENANCE
AGREEMENT (this "Agreement") is dated as of July 19, 2022 (the "Effective Date"), and is entered into between the City of Dublin , a California municipal corporation ("City"), and Dublin Crossing, LLC , a Delaware limited liability company ("Developer"), and Boulevard Master Owners Association, a California nonprofit mutual benefit corporation ("Association"). City, Developer, and Association may be referred to individually as a "Party" or collectively as the "Parties." City and Developer enter into this Agreement with reference to the following recitals of fact (each, a “Recital”):

RECITALS
A. Developer and Association are the owners of certain real property located in the City of Dublin, State of California, and commonly referred to as " Boulevard". Boulevard is generally located between Scarlett Drive to the West, Dublin Boulevard to the South, Arnold Road to the East and 5th Street to the North (APN: 986-0001-20 and a portion of APN 986-0001-15) (the "Property").

B. Developer is currently developing a multi-phased development comprised of up to 1,995 residential units and 35 acres of public parkland (the "Project").

C. On June 14, 2016, the City’s Planning Commission approved Resolution 16-10, which approved a Site Development Review permit ("SDR") for Phases 1A and 1B of the Project. Condition #16 of the SDR Permit (the "Phase 1A-1B Condition") requires Developer to acquire and install a public art project in accordance with Chapter 8.58 of the City Municipal Code valued at a minimum of 0.5% of the building valuation (exclusive of land) for the entire Project ($2,720,401.25), and prior to occupancy of the first unit, (a) prepare a Public Art Master Plan for the entire Project area (“Boulevard Public Art Master Plan”) and (b) execute an agreement that sets forth the ownership, maintenance responsibilities and insurance coverage for the public art project.

D. On May 9, 2017, the City’s Planning Commission approved Resolution 17- 05, which approved a SDR permit for Phases 2 and 3 of the Project. Condition #16 of the SDR Permit (the "Phase 2- 3 Condition") requires Developer to acquire and install a public art project in accordance with Chapter

8.58 of the City Municipal Code valued at a minimum of 0.5% of the building valuation (exclusive of land) for the entire Project, and prior to occupancy of the first unit in each neighborhood, install public art in accordance with the Boulevard Public Art Master Plan. For Phases 2 -3, the total Public Art valuation is $1,125,178.23.

E. On September 14, 2017, the City’s Heritage and Cultural Arts Commission reviewed the Boulevard Public Art Master Plan and recommended approval to the City Council. The Boulevard Public Art Master Plan consists of various functional art pieces, benches, bik e racks, shade structure, located at the entrance to the recreation center, entry and various pocket parks (collectively the "Public Art"), F. On October 17, 2017 the City Council revi ewed and approved the Boulevard Public Art Master Plan, a copy of which is attached hereto and incorporated herein as Exhibit A.

G. On March 20, 2018 the City requested and the Developer provided a contribution in the amount of $250,000.00 for the City’s Don Biddle Bust and Veteran Art Project at Don Biddle Community Park, with the intent that this contribution shall apply to the Developer’s total public art obligations. This Attachment 2
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{7288.01/00572604.1}
request was fulfilled with a $200,000 cash contribution paid to the City for the Veterans Art and $50,000 paid to artist Steven Whyte for the Don Biddle Bust.

H. On May 8, 2018, the City’s Planning Commission approved Resolution 18- 12, which approved a SDR permit for Phases 4 and 5 of the Project. Condition #16 of the SDR Permit (the "Phase 4- 5 Condition") requires Developer to acquire and install a public art project in accordance with Chapter

8.58 of the City Municipal Code valued at a minimum of 0.5% of the building valuation (exclusive of land) for the entire Project, and prior to occupancy of the last unit in each neighborhood, install public art in accordance with the Public Art Master Plan. For Phases 4-5, the total Public Art valuation is $898,857.68.

I. Developer’s total public art obligation for the entire Project is $2 ,720,401.25 (“Total Obligation”). To date, Developer has satisfied $750,000.00 of its Total Obligation, including $500,000.00 in form of insurance and maintenance endowments paid to the Association, plus the $250,000.00 pursuant to Recital G above. The remainder of the Total Obligation, $1,970,401.25, shall be installed throughout the Project area, expended pursuant to Section 8.58.060 of the Dublin Municipal Code, and/or contributed as a monetary payment to the City pursuant to the terms of this Agreement and the Boulevard Public Art Master Plan.

J. All public art installations are subject to approval by the City Council upon recommendation by the Heritage and Cultural Arts Commission.

K. On July 11, 2019, the City's Heritage and Cultural Arts Commission reviewed the proposed Public Art designs for the Project and recommended approval to the City Council.

L. On Jul y 19, 2022 the City Council adopted Resolution XX-22, approving the Public Art designs for the Project . The Public Art to be installed pursuant to the Boulevard Public Art Master Plan shall be installed in the locations specified in Exhibit B, attached hereto and incorporated herein.

M. Conditioned on the written approval by Association , which shall not be unreasonably withheld, conditioned or delayed, Developer shall enter into separate public art agreements (each, an "Artist Agreement") with David Duskin, Kevin Box, and Tyler van der Stappen, each a sole proprietor (each, an "Artist"). Under each Artist Agreement, the Artist shall design, fabricate, and install public art on the Property. Each Artist Agreement will contain maintenance provisions, warranties, standards, and releases.

A copy of the Artist Agreements is attached hereto and incorporated herein as Exhibit C.

N. The Parties desire to enter into this Agreement to memorialize City’s approval of the Public Art. Further, compliance with this Agreement is intended to fully satisfy the Phase 1A-1B Condition, Phase 2-3 Condition, and Phase 4-5 Condition (hereafter, the “ Conditions”) and the Developer ’s public art obligation under Chapter 8.58 of the Dublin Municipal Code.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE

PROMISES AND COVENANTS OF CITY, DEVELOPER, AND ASSOCIATION SET FORTH IN THIS AGREEMENT, CITY, DEVELOPER, AND ASSOCIATION AGREE, AS FOLLOWS:

TERMS AND CONDITIONS

1. PUBLIC ART INSTALLATION, OWNERSHIP, AND MAINTENANCE

1.1 Installation and City Manager Determination. Developer shall cause the Public Art to be installed on the Property prior to the occupancy of the 1,500th unit at the locations set forth on Exhibit B.

Within Ten (10) working days of notice of the installation, the City Manager, or his /her designee, shall Attachment 2
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determine if the Public Art has been completed in a satisfactory manner, which determination shall not be unreasonably withheld, conditioned or delayed and shall be made if the Public Art is in compliance with this Agreement, and the applicable Artist Agreements, and if such determination cannot be made, the City Manager shall provide written notice to Developer, pursuant to Section 2.2 herein, specifying the corrective work needed for compliance within this ten (10) day time period. In the event that corrective work is required to bring the Public Art into compliance, Developer shall notify City upon completion of the corrective work pursuant to Section 2.2, and the City Manager will again be permitted ten (10) days to inspect the work as provided in this section. If written notice of the City Manager’s approval of the Public Art and/or approval of any corrective work needed is not timely provided to Developer, pursuant to Section

2.2 herein, the Public Art shall be deemed approved and completed to the City Manager’s satisfaction, and certificates of occupancy shall not be withheld for failure to satisfy the Condition.

1.2 Security.

1.2.1 If the installation of the Public Art will not take place prior to occupancy of the 1,500th unit, Developer shall furnish City with the following security in a form satisfactory to the City Attorney for the installation of Public Art.
(a) Faithful Performance. E ither a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Exhibit D and sufficient to assure City that the Public Art will be satisfactorily installed. (b) Labor and Materials. Eit her a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred percent (100%) of the estimate set forth in Exhibit D and sufficient to assure City that persons furnishing labor, materials, or equipment shall be paid therefore. (c) City shall be the sole indemnitee named on any security required by this Agr
eement.
(d) Within fifteen (15) calend ar days of notice of the installation, the City Manager, or his/her designee, shall determine if the Public Art has been completed and installed in a satisfactory manner, which determination shall not be unreasonably withheld, conditioned or delayed and shall be made if the Public Art is in substantial compliance with compliance with this Agreement, and the applicable Artist Agreements, as applicable. The security set forth in this Section 1.2 shall be released upon such determination. If such determination cannot be made, the City Manager shall provide written notice to pursuant to Section 2.2 specifying the corrective work needed for compliance within this fifteen (15) day time period. In the event that corrective work is required to bring the Public Art into compliance, Developer will notify the City upon completion of the corrective work, and the City Manager will again be permitted fifteen (15) days to inspect the work as provided in this paragraph. If written notice of the City Manager’s approval of the Public Art and/or approval of any corrective work needed is not timely provided, pursuant to Section 2.2 herein, the Public Art shall be deemed approved and completed to the City Manager’s satisfaction, and the security set forth in this Section 1.2 shall be released.

1.3 Monetary Payment. W
ithin 30 days of City’s approval or deemed approval, as set forth in Section 1.1 or 1.2.1(d) above, Developer shall satisfy any remaining amount of its Total Obligation by making a monetary payment directly to the City.

1.4 Ownership and Association's Main tenance. Following City’s approval or deemed approval, as set forth in Section 1.1 or 1.2.1(d) above, Association shall accept the Public Art from the Attachment 2
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Artist. Thereafter, Association shall own and maintain the Public Art, at its sole cost and expense, in good repair and condition and in accordance with the general maintenance plan prepared by the Artist under terms set forth in the applicable Artist Agreement. Association shall use reasonable efforts to maintain the Public Art in good repair and condition. If the Public Art suffers deterioration due to any cause other than Association's failure to maintain the Public Art, then Association and City shall meet and confer in good faith to determine whether to: (a) replace any portion of the Public Art , (b) translate any component into new media, or (c) restore the Public Art.

1.5 Destruction and Replacement of Public Art. The anticipated life span of the Public Art is a minimum of twenty-five (25) years from the date of approval or deemed approval by City, as set forth in Section 1.1 or 1.2.1 (d) above. After that time, Association may, in consultation with City, re-evaluate the Public Art to determine if it retains its identity as a work of art and, if not, whether to take appropriate action, including the possibility of destroying the Public Art. In the event that Association, in consultation with City, determines that the Public Art does not retain its identity as a work of art and Association wishes to destroy the Public Art, Association must replace the Public Art with art of similar value, adjusted for inflation (“Replacement Art”). Any proposed Replacement Art must be approved by City prior to the destruction of the Public Art.

1.6 City’s Maintenance Option. In the event that Association fails to maintain the Public Art in accordance with this Agreement, City shall provide written notice of such condition pursuant to Section

2.2. In the event that Association fails to cure or commence to cure the condition within thirty (30) days following receipt of such notice, City shall have the right, but not the obligation, to perform all acts necessary to cure such condition (or to pursue such other remedy available to City), including without limitation the right to access the Public Art, and to receive from Association the City’s reasonable costs for such action.

1.7 Modifications; R el
ocation. Association intends to display the Public Art as originally created by each Artist at the locations set forth on Exhibit B. Notwithstanding the foregoing, Association may make minor modifications to the Public Art and/or relocate the Public Art with the consent of City which shall not be unreasonably withheld, conditioned, or delayed.

1.8 Visual Barriers. The P arties agree that no structures or visual barriers of any kind that impair or impede the public’s ability to view the Public Art shall be constructed or maintained on or adjacent to the Public Art , nor shall the Parties do anything that shall prevent, impair, or discourage the public’s ability to view the Public Art.

1.9 Insurance. Deve loper and Artist are required to secure and maintain insurance during the fabrication and installation phases of the Public Art as set forth further in the Artist Agreement. Developer shall provide City with verification of the required insurance under the Artist Agreement. In addition, Association shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars ($1,000,000) covering the Public Art once it is placed, with insurers with a Bests’ rating of no less than A:VII and shall name City as an additional insured on such policy. An endorsement must state that coverage is primary insurance with respect to City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. Any failure of Developer or Association to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and voluntee rs.

Developer and Association shall notify City, pursuant to Section 2.2, within fourteen (14) days of notification from Developer’s or Association’s respective insurer if such coverage is suspended, voided or reduced in coverage or in limits.

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1.10 Satisfaction of the Condition. City agrees that compliance with this Agreement shall fully satisfy the Condition. Provided Developer is in substantial compliance with this Agreement and has otherwise fulfilled any non-Public Art-related requirements, City may not withhold issuance of the Project's building permits and/or certificates of occupancy, including but not limited to the 1,500th certificate of occupancy for the Project.

2. GENERAL PROVISIONS

2.1 Incorporation of Recitals . T h e Recitals set forth above are true and correct and incorporated into this Agreement by reference.

2.2 Notices, Demands and Communications Between the Parties.

2.2.1 Delivery. Any and all notices submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, nationally recognized overnight (one business day) courier (i.e., United Parcel Service, Federal Express, etc.) or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the recipient Party , as designated in this Section. Notices may be sent in the same manner to such other addresses as the Parties may from time to time designate by notice in accordance with this Section. Notice shall be deemed received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, one business day after delivery to a nationally recognized overnight carrier or two (2) calendar days after it is placed in the United States mail in accordance with this Section 2.2.1. Any attorney representing a Party may give any notice on behalf of such Party.

2.2.2 Addresses. The notice addresses for the Parties, as of the Effective Date, are as follows:

Developer:

Association:

City:

Dublin Crossing, LLC,
12657 Alcosta Blvd. Suite 250
San Ramon, CA 94583
Attn: Josh Roden
[email protected]
Boulevard Master Owners Association
c/o Associa Northern California
4305 Hacienda Drive, Suite 140
Pleasanton, CA 94588
Attn: Evette Pope
Email: [email protected]
C
ity of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
E
mail: [email protected]
With a copy to:

Meyers Nave
1999 Harrison St ., 9t h Floor
Oakland, CA 94607
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Attn: John D. Bakker, Esq.

Email: [email protected]

2.3 Relationship of Parties . The Parties each intend and agree that City , Developer, and Association are independent entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association between them.

2.4 Legal Actions. Eit her Party may institute legal action, at law or in equity, to enforce or interpret the rights or obligations of the Parties under this Agreement or recover damages.

2.5 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies for the same default or the same rights or remedies for any other default by the other Party or Parties.

2.6 Principles of Inte rpr
etation. A word, term or phrase defined in the singular in this Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words “include” and “including” in this Agreement shall be construed to be followed by the words: “without limitation.” Each collective noun in this Agreement shall be interpreted as if followed by the words “(or any part of it),” except where the context clearly requires otherwise. Every reference to any document, including this Agreement, refers to such document, as modified from time to time (excepting any modification that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document. The word “or” in this Agreement includes the word “and.” Every reference to a law, statute, regulation, order, form or similar governmental requirement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time.

2.7 Governing Law. The procedural and substantive laws of California shal l govern the
interpretation and enforcement of this Agreement, without application of conflicts or choice of laws principles. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the County of Alameda , State of California. All legal actions arising from this Agreement shall be filed in the Superior Court of California in and for the Count y of Alameda or in the United States District Court with jurisdiction in Alameda County.

2.8 No Third-Par
ty Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person or entity other than the Parties and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any Party or give any third person any right of subrogation or action over or against any Party.

2.9 Time Declared to be of the Essence. As to the performance of any obligation under this Agreement of which time is a component, the performance of such obligation within the time specified is of the essence.

2.10 Legal Cos
ts. In the event that a Party brings an action to enforce this Agreement or otherwise arising out of this Agreement, the prevailing Party in such action shall be entitled to recover from the other Party its Legal Costs. As used in this section, the t erm "Legal Costs" is hereby defined as all reasonable costs and expenses such Party incurs in any legal proceeding , or other matter for which such Party is entitled to be reimbursed for its Legal Costs, including reasonable attorneys’ fees, court costs and expenses and consultant and expert witness fees and expenses.

Attachment 2
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2.11 Entire Agreement. This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to all or any portion of the Public Art.

2.12 Waivers and Amendments . Al l waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the appropriate authorities of the Parties.

Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition, restriction or agreement, nor shall any waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times, be deemed a waiver or relinquishment of such right or power at any other time or times.

2.13 Assignment. Nei ther this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto (whether by operation of law or otherwise) without the prior written consent of the other parties, which shall not be unreasonably withheld, conditioned or delayed. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

2.14 Successors and Assigns. All references to Developer in this Agreement shall be deem ed to refer to and include Dublin Crossing, LLC, a Delaware limited liability company, and all of its successors and assigns.

2.15 Survival of Agreement. All provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement, until any such dispute is finally and completely resolved between the Parties, either by written settlement, entry of a non-appealable judgment or expiration of all applicable statutory limitations periods and all terms and conditions of this Agreement relating to dispute resolution and limitations on damages or remedies shall survive any expiration or termination of this Agreement.

2.16 Counterparts. T h
is Assignment may be executed in one or more counterparts. All counterparts so executed shall constitute one agreement, binding on all Parties, even though all Parties are not signatory to the same counterpart. The Parties agree to accept signed copies of this Agreement transmitted by electronic facsimile copies as original documents. The Parties acknowledge that copies of this Assignment may be transmitted by a Party over the Internet and printed by the recipient and that the printed document may contain different type s tyles and type sizes, different pagination and different formatting that the original copy of the Assignment in the possession of the Party sending the Assignment.

The Parties agree that any such copies of this Assignment shall be accepted by the Parties as true and correct originals of the Assignment so long as the actual text of the Assignment remains the same. This Agreement constitutes the entire understanding and Agreement of the Parties regarding the subject matter of this Agreement.

[SI
GNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties have signed this Agreement by and through the signatures of their respective authorized representative(s) as follow:

CITY:

CITY OF DUBLIN,
a California municipal corporation

By:

Name: Linda Smith

Title: City Manager

ATTEST:

By:

Name: Marsha Moore

Title: City Clerk

APPROVED AS TO FORM:

By:

Name:

Title: City Attorney

DEVELOPER:

Dublin Crossing, LLC,
a Delaware limited liability company

By: BrookCal Dublin, LLC, Member
a Delaware Limited Liability Company

By:__________________________

Name: Josh Roden

Title: President

By:__________________________

Name: Gonzalo Rodriguez

Title: Vice President

By: SPIC Dublin, LLC,
a Delaware Limited Liability Company

Standard Pacific Investment, LLC, Sole Member
a Delaware Limited Liability Company
(as successor-in-interest by conversion to Standard
Pacific Investment Corp)

By:__________________________

Name: Bridgit Koller

Title: Vice President

ASSOCIATION:

Boulevard Master Owners Association
a California nonprofit mutual benefit corporation

By:__________________________

Name: Evette Pope

Title: General Manager

Attachment 2
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EXHIBIT A

Boulevard Public Art Master Plan
Attachment 2
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Art Master Plan
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1TABLE OF CONTENTS |

TABLE OF CONTENTS
Introduction.....................................................2 City Goals........................................................3 Boulevard Vision...............................................4 The Art Selection Process....................................5 Developer Financial Obligation..........................6 Site Plan...........................................................7 Locations.........................................................8 The Office Pocket Park.......................................9 Dimensions...........................................10 Rendering........................................11
The G
allery Pocket Park.....................................12 Dimensions...........................................13 Rec Cente
r&Ped Corridor.................................14
Dimensions...........................................15 The Town Square Pocket Park
.............................16
Dimensions...........................................17 Culvert Plaza..................................................18 Dimensions.....................................19
Horizon
Parkway..............................................20 Dimensions....................................21
Veteran’s Memorial - 30-acre Public Park.............22 Artists......................... .......................................23 Attachment 2
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2 INTRODUCTION
Public art is not an art “form.” Its size can be huge or small. It can tower 50 high or call attention to the paving beneath your feet. Its shape can be abstract or realistic or both, and it may be cast, carved, built, assembled, or painted. It can be site-specific or stand in contrast to its surroundings. What distinguishes public art is the unique association of how it is made, where it is, and what it means. Public art can express community values, enhance our environment, transform a landscape, heighten our awareness, or question our assumptions. Placed in public sites, this art is there for everyone, a form of collective community expression. Public art is a reflection of how we see the world – the artist’s response to our time and place combined with our own sense of who we are.

INTRODUCTION |
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3 CITY GOALS

PUBLIC ART PROGRAM GOALS
Establish and enhance pedestrian friendly public spaces such as parks, plazas, path- ways, public restrooms, parking lots and other places where people gather.

Strengthen the unique character of individual neighborhoods, business districts and transit corridors with artwork that relates to the site’s purpose, history and nat- ural environment.

Provide numerous opportunities for Dublin’s citizens to gain a deeper understand- ing and appreciation for visual art.

Enhance the City’s identity and regional image by actively promoting Dublin’s unique public art collection.

Encourage the creation of artworks that are integrated into the City’s built environ- ment, including signage, gateways, sidewalks, bus stops, bollards, parking structures, crosswalks and other public amenities.

Ensure community support for the artworks through public participation in artist selection and artwork development.

CITY GOALS |
Attachment 2
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4 BOULEVARD VISION
Boulevard is a master-planned community buzzing with life in the heart of Dublin and walking distance to the Dublin/Pleasanton BART Station. It is also conveniently located near local eateries, shopping, entertainment and the 580/680 freeway inter- change.

Our vision is for Boulevard to be Northern California’s destination for vibrant living.

Boulevard will be an active, urban community comprised of single-family homes, penthouses, flats, townhomes, and condos. Here, residents will connect and mingle in dynamic social spaces, pedestrian-friendly streets, a walk/bike trail, a Recreation Center with Co-Working Spaces, and 15 uniquely themed neighborhood parks also known as the following Pocket Parks:
•
The Lounge • The Kitchen • The Retrea
t
• The Well • The Gym • The Garden
• The Playground • The Town Square • The Dog House
• The Office • The Lawn • The Hangout
• The Library • The Track • The Gallery

Our Public Art
locations were selected based upon the best pedestrian interface po- tential and highest visibility. Nestled throughout the community, the public art pieces will aspire to add visual interest as well as dialog in bringing people together. The Bike Rack Art is both form and functional with the hope to encourage cycling throughout the community which may foster a greener and healthier lifestyle.

Our master plan includes an intended donation to the City of Dublin toward the Vet- eran’s Memorial Artwork, currently planned in our Community Park. This donation will require future City Council approval.

BOULEVARD VISION |
Attachment 2
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5PUBLIC ART SELECTION PROCESS |

PUBLIC ART SELECTION

PROCESS

DEVELOPER SELECTION OF ARTISTS
The Developer Selection Committee reviews the qualifications of up to 20 artists.

PUBLIC REVIEW OF DESIGNS
An outreach meeting will be convened at a local and public event that allows for the public to review and comment on the concepts in detail, sample renderings and ma- quette.

HERITAGE AND CULTURAL ARTS COMMISSION MEETING
The Heritage and Cultural Arts Commission reviews the outcome of the Public Re- view meeting. The Heritage and Cultural Arts Commission reviews projects based on whether or not they meet the goals and criteria identified in the Public Art Master Plan. Artists are required to attend the Heritage and Cultural Arts Commission Meet- ing and are expected to briefly present their concept, material samples renderings and maquette. The Heritage and Cultural Arts Commission will make a recommenda- tion to the City Council to accept one design.

CITY COUNCIL REVIEW
City Council will review the proposed design recommended by the Heritage and Cul- tural Arts Commission. The Artist is required to attend the City Council meeting. The Artist will be notified in advance if City Council requests a presentation. In many cas- es, the Artists is present only to answer questions from the City Council regarding the proposal. The City Council approves design proposals and artist contracts.

ADDITIONAL LOCATIONS
With any remaining funds available, the developer may opt to add Public Art in the additional locations or pay the remaining amount in the form of an in-lieu fee to the City after the completion of the six approved locations.

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6DEVELOPER FINANCIAL OBLIGATION

DEVELOPER FINANCIAL

OBLIGATION

PUBLIC ART DEVELOPER FINANCIAL OBLIGATION

PHASE BUILDING VALUA

TION PUBLIC ART VALU
ATION

(0.5% of Building Valuation)
N1-N6 1 $139,273,068.00 $696,365.34
N7-N18 2-3 $225,035,646.00 $1,125,178.23
N19-N24 4-5 $179,771,535.00 $898,857.68
Attachment 2
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7SITE PLAN |
BO ULEVARD DUBLIN, CALI FORNIA AUGUST 2017

PUBLIC ART MASTE R PLAN
0 100 200 400
Option 1
Option 2
Benches and Bike Racks at Rec Center Plaza
Tall Statement Art at Pedestrian Corridor
Tall Statement Art at Pocket Park The Gallery
Shade Structure and Bike Racks at Pocket Park The Office Veteran’s Memorial in 30-acre Public Park
Tall Statement Art at Corner of Horizon Parkway and Scarlett Tall Statement Art at Culvert Plaza
Bike Racks at Pocket Park The Town Square
BO ULEVARD DUBLIN, CALI FORNIA AUGUST 2017

PUBLIC ART MASTE R PLAN
0 100 200 400
Option 1
Option 2
Benches and Bike Racks at Rec Center Plaza
Tall Statement Art at Pedestrian Corridor
Tall Statement Art at Pocket Park The Gallery
Shade Structure and Bike Racks at Pocket Park The Office Veteran’s Memorial in 30-acre Public Park
Tall Statement Art at Corner of Horizon Parkway and Scarlett Tall Statement Art at Culvert Plaza
Bike Racks at Pocket Park The Town Square
Attachment 2
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8 LOCATIONS
LOCATIONS |
Attachment 2
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9 STERLING STREET

NUGGET WAY

THE OFFICE-POCKET PARK

OVERALL
THE OFFICE POCKET PARK|
Public Art - Trellis
Public Art - Bike Racks
Attachment 2
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TR
D
10'-0"
27'
PATH: P:\DUBLIN\BOULEVARD NEIGHBORHOODS\ACAD\NEIGH 4\2B\DG-L-HUNTINGTON 2B.DWG PLOT DATE: 8/22/2017 11:26 AM
1"=20'-0"
10' 20' 40'0
of
DRAWN:

PROJECT NUMBER:

DATE:

SCALE:

CHECK:
2671 CROW CANYON RD. SAN RAMON, CA 94583
DATE:ISSUE: DESCRIPTION:

GATE

A SOCI ATESS
MM
MNO
07/27/2017
05/22/20171ST CD SUBMITTAL1

CALIFORNIA
DUBLIN

BOULEVARD

HUNTINGTON
N4 PHASE 2
0" 12" 1" 2"
S
2ND CD SUBMITTAL2 07/27/2017
TRACT 8375
PLAN A

ENLARGEMENT
5 (2)
L1.2
ENLARGEMENT PLAN A - SCALE 1"=10'-0"

STERLING STREET

NUGGET WAY
10DIMENSIONS |
9’6’
Attachment 2
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11THE OFFICE POCKET PARK - RENDERING |
Public Art - Trellis
Public Art - Bike Racks
Attachment 2
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12 Sidewalk
Boulevard Accent Paving
Park Entry Monumentation
Street Tree

ARNOLD ROAD
Trees in Tree Grates
CANAL
AC Access Road
Public Art
Seating
PSE (Public Service Easement)
Prop Boundary

THE GALLERY-POCKET PARK

OVERALL
THE GALLERY POCKET PARK |
Attachment 2
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T RD

FUTURE LOCATION

OF PUBLIC ART

SEE ARNOLD ROAD

PLANS FOR

STREETSCAPE

IMPROVEMENTS
BIKE RACK A, TYP. OF (3)

INSTALLATION OF BIKE

RACKS SHALL BE THE CITY

OF DUBLIN STANDARD

INSTALLATION AS
LIGHT POLE, S.E.D.

INTEGRAL COLOR PEDESTRIAN
CONCRETE PAVING TYP.

PA
PA
30'-10"
40'-5"
35'-9"
13DIMENSIONS |
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14 REC CENTER&PED CORRIDOR

OVERALL
Public Art - Benches
Public Art
Bike Racks
Public Art - Tall
Statement Piece
REC CENTER & PED CORRIDOR |
Attachment 2
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15 UP
DIMENSIONS |
Attachment 2
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16 THE TOWN SQUARE-POCKET PARK
Public Art Installation

OVERALL
THE LOUNGE POCKET PARK |
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TR
D

INEGRAL COLOR

PEDESTRIAN

CONCRETE PAVING,
TYP.
1 L4.2

ENTRY FOUNTAIN

FEATURE
1,2,3
L4.6

INEGRAL COLOR
PEDESTRIAN CONCRETE PAVING, TYP.
1 L4.2
3'H STUCCO WALL 6
L4.3

SOMA STONES
PA
PA
PA
BIKE RACK B, TYP. OF (3)

INSTALLATION OF BIKE

RACKS SHALL BE THE CITY

OF DUBLIN STANDARD

INSTALLATION AS

INTENDED IN THE

BICYCLE AND PEDESTRIAN

DESIGN GUIDELINES OR

AS APPROVED BY THE
TRAFFIC ENGINEER.
29'-3"
11'-8"
26'-3"
18'
4'-3"

DUBLIN BOULEVARD
17DIMENSIONS |
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 451
18 HORIZON PARKWAY

CULVERT PLAZA

OVERALL
CULVERT PLAZA|
Public Art
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 452
C25

STERLING ST
55 56
CCC C
19DIMENSIONS |
6’
85’
ROW - Art must be installed
outside of public ROW.

Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 453
20 HORIZON PARKWAY

HORIZON PARWAY

OVERALL

HORIZON PARKWAY
Public Art

SCARLETT DRIVE
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 454
LOW

VOLTAGE
21DIMENSIONS |
68’
26’
11’
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 455
22 VETERAN’S MEMORIAL
VETERANS MEMORIAL - 30 ACRE PUBLIC PARK |
Permanent Public Art
Temporary Public Art
Option 1
Option 2
Option 1
Option 2
This is a separate City project to which the developer will be contributing funds in the amount of $200,000.

Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 456
BH022550_BoulevardGalleryNightArtistsBio_FNL2 | 24”w x 36”h | Artist Bio Kevin Box is recognized for his ability to
capture the delicate nature of paper in
museum-quality metal sculpture. Box’s work
has received numerous awards and is held
in prominent collections worldwide. In 2015,
his collaborative work was recognized with
the Award of Excellence by the Structural
Engineers Association of California for “Hero’s
Horse,” a 25-foot-tall, fabricated steel Pegasus
that was also featured on the cover of Art
Business News. Box works closely with his
wife, Jennifer, at their home and studio in
Santa Fe, New Mexico. Together, they created
“Origami in the Garden,” a monumental
outdoor sculpture exhibition that has been
traveling to botanical gardens and museums
throughout North America since 2014.

Box continues to push the boundaries of
sculptural processes. This approach, combined
with his fearless vision for collaboration, will
continue to define Box’s contribution to the
history of art in the 21st century.

KEVIN BOX STUDIO
Santa Fe, New Mexico
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 457
BH022550_BoulevardGalleryNightArtistsBio_FNL2 | 24”w x 36”h | Artist Bio Trained as an artist, blacksmith and metal
fabricator, David Duskin works just north of
San Francisco, CA. He has a B.A. in art and
English literature and an M.F.A. in sculpture.

Building on his formal education and a series
of apprenticeships, Duskin went into business
full-time in 1998. Currently he is working
on both public and private commissions
and teaching grad students once a week at
the Academy of Art University in San Francisco.

While David’s work includes both traditional
sculpture and architectural metalwork, his
focus centers on conceptually driven art in
which the work and the site collaborate to
bring a more potent experience to the viewer.

Some of these pieces are clearly sculpture,
while others blur the line between the fine and
applied arts. However, in addition to specific
conceptual goals, there is always an intention
to find new ways to bind location, the object
and the artist/viewer in a single web.

DAVID DUSKIN
Petaluma, California
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 458
BH022550_BoulevardGalleryNightArtistsBio_FNL2 | 24”w x 36”h | Artist Bio Tyler van der Stappen is a multidisciplinary
artist, designer, sculptor, painter, photographer
and musician who holds a B.F.A. from
Washington State University. He earned the
distinguished honor of receiving one of only 38
spots awarded at the National Undergraduate
Student Art Show his senior year. He draws
much of his inspiration from the natural world,
music, sounds, communication and emerging
technologies. When he isn’t working, you
can find him drawing, learning and studying,
writing, spending time with his family and
friends, getting into some sort of great
outdoor adventure in his home state of Utah
or out on the road.

TYLER VAN DER STAPPEN
Ogden, Utah
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 459
BH022550_BoulevardGalleryNightArtistsBio_FNL2 | 24”w x 36”h | Artist Renderings Iron Horses

KEVIN BOX
STUDIO
Rising Peace
Rising Peace
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 460
BH022550_BoulevardGalleryNightArtistsBio_FNL2 | 24”w x 36”h | Artist Renderings

DAVID DUSKIN

INFLATED COR-TEN STEEL
external planes are convex due to inflating process
internal textured planes are straight for contrast
measures roughly 20 ft tall x 13 ft x 9 ft
passage between the two forms is 3 ft minimum
hand-carved vertical engraving
welded and brazed stainless and or bronze application

BOULEVARD SCULPTURE
Boulevard Public Art Project, Brookfield Residential, Dublin CA

R UNNING WITH STICKS
S I N C E 1 9 9 8
w w w . D a v i d D u s k i n . c o m d a v i d D a v i d D u s k i n . c o m 4 1 5 2 6 0 8 6 3 0 2 2 2 F a i r S t r e e t P e t a l u m a C A 9 4 9 5 2@

INFLATED COR-TEN STEEL
external planes are convex due to inflating process
internal textured planes are straight for contrast
measures roughly 20 ft tall x 13 ft x 9 ft
passage between the two forms is 3 ft minimum
hand-carved vertical engraving
welded and brazed stainless and or bronze application

BOULEVARD SCULPTURE
Boulevard Public Art Project, Brookfield Residential, Dublin CA

R UNNING WITH STICKS
S I N C E 1 9 9 8
w w w . D a v i d D u s k i n . c o m d a v i d D a v i d D u s k i n . c o m 4 1 5 2 6 0 8 6 3 0 2 2 2 F a i r S t r e e t P e t a l u m a C A 9 4 9 5 2@ Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 461
BH022550_BoulevardGalleryNightArtistsBio_FNL2 | 24”w x 36”h | Artist Renderings

TYLER VAN DER

STAPPEN
“Cork Wine Key” Bike Racks
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 462
{7288.01/00572604.1}

EXHIBIT B

Public Art Locations

Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 463
7SITE PLAN |
Bike Rack at Rec Center Plaza (Cork Screw - Van Der Stappen) Tall Statement Art at Pedestrian Corridor (Rising Peace - Box) Tall Statement Art at Pocket Park The Gallery (Each Other - Duskin) Tall Statement Art at Corner of Horizon Pkwy and Scarlett (Iron Horses - Box) Veteran’s Memorial in 30-acre Public Park (City Managed Public Art Project) Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 464
{7288.01/00572604.1}

EXHIBIT C

Artist Agreements
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 465

Agreement for Services - Public Art Page 1 of 13

AGREEMENT FOR SERVICES

Public Art Design, Fabrication and Installation

This Agreement is dated this 28th day of April, 2022, by and between Dublin Crossing, LLC (hereinafter referred to as the "Client"), and BoxStudio LLC (hereinafter referred to as the "Artist").

RECITALS

A. The Client has requested the Artist to design, fabricate, and install public art at The Boulevard Master Plan, on Scarlett Drive & Horizon Parkway, Dublin, CA 94568

B. The Artist is qualified and experienced to provide such services.

NOW, THEREFORE, the Client and the Artist, for the consideration hereinafter set forth, mutually agree as follows:

1. SCOPE OF WORK. The Artist shall develop the final design of the artwork (see Exhibit A) to complete all phases of development (including the acquisition of materials, fabrication ) that shall lead to and include the successful installation of the artwork. Artist shall perform all services as detailed in the attached "Schedule of Performance and Compensation Schedule," attached hereto as Exhibit "B."

2. WARRANTIES.

A. Warranty of Title: The Artist warrants that the artwork is original and solely the product of Artist’s own creative efforts and does not infringe on the rights of any person or entity. Except as otherwise disclosed in writing to Client, the artwork is unique and original and does not infringe upon any copyright or the rights of any person.

B. The Artist shall faithfully perform the work required under this agreement in accordance with standards of care, skill, training, diligence, and judgment provided by highly competent professionals who perform work of a similar nature to the work described in this agreement. Ar tist shall assign only competent personnel to perform services pursuant to this agreement.

C. Warranty of workmanship. The artist shall guarantee its work to be free from faults or defects of material and workmanship for a period of one (1) year after installation and final acceptance of all work by Client.

D. Warranty of public safety. Artist represents and warrants that the work will not pose a danger to public health or safety, including through the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this agreement.

E. Warranty of acceptable standard of display and operation. Artist represents and warrants that:
(1) Occasional or minimal cleaning and repair of the work and any associated working parts and/or equipment will be sufficient to maintain the work within an acceptable standard for public display.
(2) With general routine cleaning and repair, foreseeable exposure to the elements and general wear and tear will cause the work to experience only minor repairable damage or deterioration, and will not cause the work to experience irreparable damage or deterioration below an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling.

F. Manufacturer’s Warranty. To the extent the work incorporates products covered by a manufacturers’ warranty, artist shall assign, hereby assigns, and shall provide copies of, such warranties to Client.

G. Warranties provided herein shall inure to the benefit of the ultimate owner (s) of the subject work including Boulevard Master Owners Association, a California nonprofit mutual benefit corporation DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE Attachment 2
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Agreement for Services - Public Art Page 2 of 13

(hereinafter “Master Association”) . Master Association is an intended beneficiary of this Agreement.

3. COORDINATION. Artist shall personally participate in said project to coordinate all activities of the project. The Client authorizes Josh Roden [Client Authorized Representative ] to act on behalf of the Client in accordance with the terms of this Agreement, and to take all actions authorized or required to be taken by the Client.

4. COMPENSATION.

A. Client shall pay Artist as compensation for such services and conveyance of title to the completed work as set forth in the "Schedule of Performance and Compensation Schedule" attached hereto as Exhibit "B" and incorporated herein by reference. Client shall pay Artist the amount identified under the "Payment Amount" column after each corresponding phase of work has been completed to the satisfaction of the Client. Artist shall complete all the services required under this Agreement for a total payment from the Client in an amount not to exceed four-hundred thirty thousand hour hundred thirty-four dollars ($430,434.00)

B. Upon completion of each Phase as described on Exhibit "B", Artist shall submit invoices for work performed . Client shall make payment within thirty (30) days after approval of the invoice by Client.

5. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final installation unless terminated earlier as provided herein.

6. NOTICES. Any notice (including any demand, request, consent, approval , or communication that any part y desires or is required to give to any other party or any other person under this Agreement) shall be in writing and either served personally or sent by prepaid, certified or registered mail, return receipt requested. Any such notice shall be addressed as follows:

TO Client: Dublin Crossing, LLC
Josh Roden, President
12657 Alcosta Blvd, Suite 250, San Ramon, CA 94583
925.743.8000
[email protected]

TO ARTIST: BoxStudio LLC
3453 State Hwy 14 N, Cerrillos New Mexico 87010
505.471.4688
[email protected]

Any party may change its address by notifying the other parties of the change of address. All notices shall be effective on the date of actual delivery, or the date set forth on the return receipt of a certified or registered mail delivery.

7. AMENDMENT OF SCOPE OF WORK. Client may request an amendment to the Scope of Work within the Agreement by written notification to the Artist. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE Attachment 2
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Agreement. The Artist may request an adjustment to the contract price or time for performance only if the Artist establishes to the satisfaction of the Client's Authorized Representative that there was an unforeseen and unforeseeable condition that was outside of the responsibility or control of the Artist. Failure of the Artist to secure Client's written authorization for extra or changed work shall constitute a waiver of all right to adjustment in t he contract price or time due.

8. CLIENT'S RIGHT TO TERMINATE/SUSPEND CONTRACT. At any time and for any or no reason, Client shall have the right to terminate this Agreement, and pay the Artist (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist at the time of such termination bears to the t otal services otherwise required to be performed under the Agreement. Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whether or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artist is determined. If Client terminates without cause, Client shall have no right of use to any of Artist's work, e.g. studies, preliminary drawings, computations, specifications, etc., without further agreement with Artist.

9. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Artist shall not relieve the Artist from obligation to correct any defective, inaccurate or incomplete work for which Artist is responsible under this Agreement that is subsequently discovered, and all such work shall be remedied by the Artist on demand without cost to the Client.

10. DELAYS AND EXTENSIONS. Time is of the essence concerning performance of this Agreement; however, the Artist will be granted time extensions for delays beyond the Artist's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Artist and the Client.

11. INSURANCE.

A. Prior to commencing the work that is the subject of this agreement, and throughout the period of this Agreement, and Artist shall obtain and maintain the following policies of insurance, in a form and from insurance companies reasonably acceptable to Client, and shall require any subcontractors to obtain and maintain equivalent coverage: Comprehensive or Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, with insurers with a Bests’ rating of no less than A:VII.

B. Prior to commencing the work that is the subject of this agreement, Artist shall provide Client with certificates of insurance evidencing the above coverage, and upon request by Client shall provide certified copies of all required insurance policies maintained by Artist .

C. Prior to commencing the work that is the subject of this agreement, Artist shall obtain and deliver to Client an additional insured endorsement naming Client, City of Dublin, and Master Association as additional insureds, as primary insurance, under Artist’s Commercial General Liability policy.

D. If Artist fails to procure, maintain or pay for the required insurance, Client shall have the right (but not the obligation) to secure the same in the name of and for the account of Artist, in which event, Artist shall pay the cost thereof and shall furnish upon demand, all information that may be required to procure such insurance.

E. Upon receipt of any notice of such insurance carrier’s cancellation or alteration, Artist shall within ten (10) calendar days procure other policies of insurance (or make payment of premium DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE Attachment 2
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Agreement for Services - Public Art Page 4 of 13

if that was the reason for such notice), similar in all respects to the policy or policies about to expire, be canceled or altered.

12. STANDARD OF CARE. The Client relies upon the professional ability of Artist and representations regarding the type of work to be performed as a material inducement to entering into this Agreement.

Artist agrees to use reasonable care and diligence in rendering services under this Agreement. Artist is responsible for the work of all employees, subcontractors, and agents, and the negligence of one of them, if not adequately remedied by Artist, shall be conclusively deemed the negligence of Artist.

Artist agrees that the acceptance of his work by Client shall not operate as a waiver or release of said obligation of Artist. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve specialized professional judgment appropriate to the type of work to be performed under this Agreement shall not be used as a basis for submission of inadequate work or incomplete performance.

13. COVENANT AGAINST CONTINGENT FEES. The Artist warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Artist, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the Client shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

14. LIENS AND PAYMENTS. Artist shall convey title to the work free from all liens. Artist, independent of Client’s payment obligations hereunder, shall timely compensate its subcontractors, employees and suppliers in connection with the services performed hereunder, shall take necessary actions to prevent any lien upon the property that is the subject of Artist’s services, and shall defend, indemnify and hold harmless Client against any loss or expense arising out of any labor code violation, or claim of lien from Artist, its subcontractors, employees, or suppliers.

15. CONFLICT OF INTEREST . Artist covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder . Artist further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

16. DEFAULT. If Artist fails to perform any obligation under this Agreement, within the time and in the manner herein provided or otherwise violates any term of this Agreement, Client may terminate this Agreement by giving Artist written notice of such termination, stating the reason for such termination. In such event, Artist shall be entitled to receive (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist bear to the total services otherwise required to be performed under th e Agreement.

Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whether or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artis t is DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE Attachment 2
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Agreement for Services - Public Art Page 5 of 13

determined.

17. INDEPENDENT CONTRACTOR. The parties intend that Artist, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Artist is not to be considered an agent or employee of the Client and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Client provides its employees. In the event Client exercises its right to terminate this Agreement, Artist expressly agrees that he/she shall have no recourse o r right of appeal under rules, regulations, ordinances or laws applicable to employees.

18. EMPLOYMENT PRACTICES. Artist shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex , age, national origin, or other prohibited grounds.

19. COMPLIANCE WITH LAW.

A. Artist shall comply with all applicable federal, state and local laws, rules and regulations applicable to the Artist and his/her work hereunder and shall ensure that all subcontractors do the same. Artist represents and warrants to Client that Artist has and will keep in effect during the term of this Agreement all licenses, qualifications and approvals of whatsoever nature, which are legally required for Artist to practice Artist's profession and to do the work hereunder.

B. Artist agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all newly -hired employees of Artist performing any services under this Agreement have a legal right to work in t he United States of America, that all required documentation of such right to work is inspected, and that INS Form 1 -9 (as it may be amended from time to time) is completed and on file for each employee. Artist shall make the required documentation availab le upon request to Client for inspection.

20. WORK PRODUCT AND ACCEPTANCE OF WORK

A. Upon the Client's acceptance of the work required by this Agreement as complete the Client or Master Association shall have no obligation to display or maintain any physical works or art or projects constructed using Artist's conceptual design for any particular time and within the scope of its legal authority . Client and Master Association may in their sole discretion remove, relocate , restore, modify or destroy the physical works or art or projects constructed using Artist's conceptual design at any time after the completion of the project.

Client and Master Association owe no obligation to Artist to maintain the work.

B. As to the Client , the Master Association and their agents, employees and contractors, the Artist hereby waives any and all rights he may have to prevent or cause the prevention of the removal, relocation or destruction of the project once constructed; or to seek other relief in connection with any such removal or destruction, pursuant to Title 17, Section 106A of the United States Code, or pursuant to Section 987 of the California Civil Code as such sections now exist or may hereafter be amended .

DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE Attachment 2
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C. Within the scope of its legal authority, Client and Master Association shall have the right to make photographs, drawings, or other two-dimensional reproductions of the work and the conceptual design without prior consent of the Artist if used solely for non -commercial purposes, advertising, descriptive br ochures, and similar purposes.

D. Final Acceptance. Artist shall advise client in writing when Artist has completed all obligations, services, and deliverables under this agreement. The work shall not be officially accepted by the Client unless the City of Dublin has also issued a determination of final acceptance. Client shall make a good faith effort to promptly request a determination as to final acceptance from City.

21. OWNERSHIP AND RISK OF LOSS. Except in the case of early termination of this agreement, title to the artwork shall transfer from Artist to Client or Master Association upon Client’s final acceptance of the work. Title transfer shall be self-executing upon Client’s final acceptance of the work. Artist will cooperate in providing Client or Master Association any title transfer documents that Client or Master Association may request or require during or after the term of this agreement.

The risk of loss or damage to the artwork shall be borne solely by Artist until delivery of the artwork to the property. Artist shall take steps to protect the artwork from loss or damage until final acceptance by Client.

22. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arises with respect to the performance of either party, the other may in writing demand adequate assurance of due performance, and until it receives such assurance, may, if reasonable, suspend any performance for which the agreed return has not been received. "Reasonable" includes not only the conduct of a party with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceed fifteen (15) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

23. CONFIDENTIALITY. Artist shall treat all information obtained from Client in the performance of this Agreement as confidential and proprietary to Client. Artist shall treat all records and work product prepared or maintained by Artist in the performance of this Agreement as confidential. Artist agrees that it will not use any information obtained because of the performance of work for any purpose other than fulfillment of Artist's scope of work. Artist will not disclose any information prepared for Client, or obtained from Client or obtained as a consequence of the performance of work, to any person other than Client, or its own employees, agents or subcontractors, who have a need for the informat ion for the performance of work under this Agreement unless such disclosure is specifically authorized in writing by the Client. Artist shall advise Client of any request for disclosure of information or of any actual or potential disclosure of information. Artist's obligations under this paragraph shall survive the termination of this Agreement.

24. ACCIDENT REPORT. If any damage (including death, personal injury, or property damage) occurs in connection with the performance of this Agreement, Artist shall promptly submit to the Client a written notice of such accident with the following information:

DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE Attachment 2
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A. Name and address of the injured or deceased person(s); B. Name and address of any witness;
C. Name and address of Artist's insurance company; and
D. A detailed description of the damage and whether any Client property was involved.

25. ELECTRONIC COMMUNICATIONS. During the course of this Agreement, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer software and Internet access. Artist and the Client acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses or similar destructive electronic programs. Artist and the Client view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Artist agrees to update its system with the software vendor's most current releases at regular intervals. Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The Parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that, its respective communications and documents will be virus free. Occasionally, a Virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are viruses free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

26. ELECTRONIC OR MAGNETIC DATA . If the Scope of Work requires that Artist provide documents in electronic or magnetic formats, they shall be provided in a manipulative form.

Client recognizes that electronic or magnetic data and its transmission may be damaged, may develop inaccuracies during use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. Artist shall not be liable for any loss of use, profit, or any other damages arising from Client's reuse, misuse, modification, or misinterpretation of the data submitted in electronic or magnetic form. Nothing contained in this paragraph shall affect the indemnification or standard of care required hereunder for Artist with respect to Artist’s work and work products deli vered in hard copy.

27. GENERAL PROVISIONS.

A. Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

B. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.

C. Governing Law. Jurisdiction. In addition, Venue. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

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D. Attorney's Fees . In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred, whether or not such action proceeds to judgment.

E. Indemnification . Artist will indemnify, hold harmless, and defend Client (including its managers, officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements , interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, that are incurred by Indemnified Party/awarded against Indemnified Party (collectively, "Losses"), arising out of any: a) material breach or non -fulfillment of any material representation, warranty, or covenant in this Agreement, (b) any negligent or more culpable act or omission of Artist [or its Personnel] in connection with the performance of its obligations under this Agreement; or (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the acts or omissions of the Artist (including injury to Artist's personnel) or (d) the failure of Artist to materially comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.

F. Assignment and Delegation. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Artist's duties be delegated without the written consent of Client. Any attempt to assign or delegate this Agreement without the written consent of the Client shall be void and of no force or effect. Consent by the Client to one assignment shall not be deemed consent to any subsequent assignment.

G. Modifications . This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

H. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

I. Time. Time is of the essence in carrying out the duties hereunder.

J. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and underst andings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

K. Each Party's Role in Drafting the Agreement. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

L. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Artist and the Client.

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28. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

Dublin Crossing, LLC BoxStudio LLC

By: By: _________________________

Print Name: _________ Print Name: __________________

Title: ___ Title: ____

Date: _____________ Date: _______

DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE 5/11/2022
Jennifer Box
Executive Director
Gonzalo Rodriguez
VP, Land & Planning
5/11/2022
Attachment 2
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EXHIBIT A
Project Description

Project Description:

“IRONHORSES” by Kevin Box
 Powder coated and rusted, fabricated steel
 Horses are planned to be 20’, 18’ and 12’. Final heights to be determined based on material costs at the time of fabrication.

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Artist's Responsibilities :

The Artist will complete the following tasks:

Attend a site visit; meet with client and the design team, walk-through the existing structure.

Review architectural drawings and renderings.

Review the structural and functional conditions of the project.

Review the code requirements for the project.

Produce drawings, renderings, videos, budget, and project narrative of initial concepts.

Meet with project team, as needed.

Meet with art conservator or provide art conservator report on materials to be used.

Present a proposal consisting of drawings, renderings, video rendering, budget, project narrative.

Revise the proposal based on feedback from the client and design team.

Fabricate a mo ck-up or a sample of the proposed artwork.

Document the sample with photos and videos.

Assist client and design team with permitting, inspection and approval process for artwork and its support structure
Provide all needed design and engineering for support structure, foundation and wind loads.

Procure materials and parts for full -scale artwork.

Fabricate and assemble artwork.

Attend a meeting on -site to coordinate installation and verify that support structure is ready.

Crate and ship the artwork components to the job site.

Unload and store the artwork components at the job site.

Install and anchor the artwork upon the support structure, including any needed crane/rigging.

Document the final installation with photographs and video.

Provide final statement and drawings.

Create a maintenance manual for the artwork.

Comply with [Contractor] site logistics and safety plans.

Attend meeting with the City of Dublin to review logistics and "overhead work." All install work must be at prevailing wage rate.

Client and Design Team Responsibilities:

The client and design team will complete the following tasks:

Review artist's proposal and provide feedback .

Obtain and assume the cost of any necessary permits, inspections and approvals for artwork from local authorities.

Client is responsible for all expenses, materials, labor and equipment to prepare the site for the timely installation of the work. This preparation of the site shall include the cost and construction of the foundation.

Meet with artist 's installer to coordinate delivery and installation of artwork components.

Provide a place to store the artist's materials during installation.

Process invoices net 30 days from the end of the month .

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EXHIBIT B
Schedule of Performance & Compensation Schedule

The artist will complete the tasks described under Artist’s Responsibilities in this agreement for a total fee four-hundred thirty thousand hour hundred thirty -four dollars.

Costs

Total Cost (Includes Design, Fabrication, Delivery and Installation) $ 430,434.00

Payment Schedule

1. Due upon acceptance of proposal (50%) $ 215,217.00

2. Due upon notice to proceed with installation (25%) $ 107,608.50

3. Due upon final acceptance of artwork (25%) $ 107,608.50

Schedule

1. Acceptance of proposal Date__________________

2. Notice to proceed with installation Date__________________

3. Completion of installation Date__________________

DocuSign Envelope ID: 1825CF52-30CF-4CBB-8ACE-6737BAD29DFE ETA July 15, 2023
ETA October 1, 2023
May 11, 2022
Attachment 2
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AGREEMENT FOR SERVICES

Public Art Design, Fabrication and Installation

This Agreement is dated this 29th day of October, 2021, by and between Dublin Crossing, LLC (hereinafter referred to as the "Client"), and BoxStudio LLC (hereinafter referred to as the "Artist").

RECITALS

A. The Client has requested the Artist to design, fabricate, and install public art at The Boulevard Master Plan, on Sterling Street & Nugget Way, Dublin, CA 94568

B. The Artist is qualified and experienced to provide such services.

NOW, THEREFORE, the Client and the Artist, for the consideration hereinafter set forth, mutually agree as follows:

1. SCOPE OF WORK. The Artist shall develop the final design of the artwork (see Exhibit A) to complete all phases of development (including the acquisition of materials, fabrication ) that shall lead to and include the successful installation of the artwork. Artist shall perform all services as detailed in the attached "Schedule of Performance and Compensation Schedule," attached hereto as Exhibit "B."

2. WARRANTIES.

A. Warranty of Title: The Artist warrants that the artwork is original and solely the product of Artist’s own creative efforts and does not infringe on the rights of any person or entity. Except as otherwise disclosed in writing to Client, the artwork is unique and original and does not infringe upon any copyright or the rights of any person.

B. The Artist shall faithfully perform the work required under this agreement in accordance with standards of care, skill, training, diligence, and judgment provided by highly competent professionals who perform work of a similar nature to the work described in this agreement. Artist shall assign only competent personnel to perform services pursuant to this agreement.

C. Warranty of workmanship. The artist shall guarantee its work to be free from faults or defects of material and workmanship for a period of one (1) year after installation and final acceptance of all work by Client.

D. Warranty of public safety. Artist represents and warrants that the work will not pose a danger to public health or safety, including through the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this agreement.

E. Warranty of acceptable standard of display and operation. Artist represents and warrants that:
(1) Occasional or minimal cleaning and repair of the work and any associated working parts and/or equipment will be sufficient to maintain the work within an acceptable standard for public display.
(2) With general routine cleaning and repair, foreseeable exposure to the elements and general wear and tear will cause the work to experience only minor repairable damage or deterioration, and will not cause the work to experience irreparable damage or deterioration below an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling.

F. Manufacturer’s Warranty. To the extent the work incorporates products covered by a manufacturers’ warranty, artist shall assign, hereby assigns, and shall provide copies of, such warranties to Client.

G. Warranties provided herein shall inure to the benefit of the ultimate o wner(s) of the subject work including Boulevard Master Owners Association, a California nonprofit mutual benefit corporation DocuSign Envelope ID: F246F323-EAA9-4364-AB6E-58E966C99FDA Attachment 2
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(hereinafter “Master Association”) . Master Association is an intended beneficiary of this Agreement.

3. COORDINATION. Artist shall personally participate in said project to coordinate all activities of the project. The Client authorizes Josh Roden [Client Authorized Representative ] to act on behalf of the Client in accordance with the terms of this Agreement, and to take all actions authorized or required to be taken by the Client.

4. COMPENSATION.

A. Client shall pay Artist as compensation for such services and conveyance of title to the completed work as set forth in the "Schedule of Performance and Compensation Schedule" attached hereto as Exhibit "B" and incorporated herein by reference. Client shall pay Artist the amount identified under the "Payment Amount" column after each corresponding phase of work has been completed to the satisfaction of the Client. Artist shall complete all the services required under this Agreement for a total payment from the Client in an amount not to exceed one-hundred seventeen thousand six hundred seven dollars ($117,607.00)

B. Upon completion of each Phase as described on Exhibit "B", Artist shall submit invoices for work performed . Client shall make payment within thirty (30) days after approval of the invoice by Client.

5. TERM. The term of this Agreement shall be from the date of its execution un til the completion of the work contemplated by this Agreement and its final installation unless terminated earlier as provided herein.

6. NOTICES. Any notice (including any demand, request, consent, approval , or communication that any party desires or is req uired to give to any other party or any other person under this Agreement) shall be in writing and either served personally or sent by prepaid, certified or registered mail, return receipt requested. Any such notice shall be addressed as follows:

TO Client: Dublin Crossing, LLC
Josh Roden, President
12657 Alcosta Blvd, Suite 250, San Ramon, CA 94583
925.743.8000
[email protected]

TO ARTIST: BoxStudio LLC
3453 State Hwy 14 N, Cerrillos New Mexico 87010
505.471.4688
[email protected]

Any party may change its address by notifying the other parties of the change of address. All notices shall be effective on the date of actual delivery, or the date set forth on the return receipt of a certified or registered mail delivery.

7. AMENDMENT OF SCOPE OF WORK. Client may request an amendment to the Scope of Work within the Agreement by written notification to the Artist. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the DocuSign Envelope ID: F246F323-EAA9-4364-AB6E-58E966C99FDA Attachment 2
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Agreement. The Artist may request an adjustment to the contract price or time for performance only if the Artist establishes to the satisfaction of the Client's Authorized Representative that there was an unforeseen and unforeseeable condition that was outside of the responsibility or control of the Artist. Failure of the Artist to secure Client's written authorization for extra or changed work shall constitute a waiver of all right to adjustment in t he contract price or time due.

8. CLIENT'S RIGHT TO TERMINATE/SUSPEND CONTRACT. At any time and for any or no reason, Client shall have the right to terminate this Agreement, and pay the Artist (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist at the time of such termination bears to the t otal services otherwise required to be performed under the Agreement. Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whether or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artist is determined. If Client terminates without cause, Client shall have no right of use to any of Artist's work, e.g. studies, preliminary drawings, computations, specifications, etc., without further agreement with Artist.

9. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Artist shall not relieve the Artist from obligation to correct any defective, inaccurate or incomplete work for which Artist is responsible under this Agreement that is subsequently discovered, and all such work shall be remedied by the Artist on demand without cost to the Client.

10. DELAYS AND EXTENSIONS. Time is of the essence concerning performance of this Agreement; however, the Artist will be granted time extensions for delays beyond the Artist's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Artist and the Client.

11. INSURANCE.

A. Prior to commencing the work that is the subject of this agreement, and throughout the period of this Agreement, and Artist shall obtain and maintain the following policies of insurance, in a form and from insurance companies reasonably acceptable to Client, and shall require any subcontractors to obtain and maintain equivalent coverage: Comprehensive or Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, with insurers with a Bests’ rating of no less than A:VII.

B. Prior to commencing the work that is the subject of this agreement, Artist shall provide Client with certificates of insurance evidencing the above coverage, and upon request by Client shall provide certified copies of all required insurance policies maintained by Artist .

C. Prior to commencing the work that is the subject of this agreement, Artist shall obtain and deliver to Client an additional insured endorsement naming Client, City of Dublin, and Master Association as additional insureds, as primary insurance, under Artist’s Commercial General Liability policy.

D. If Artist fails to procure, maintain or pay for the required insurance, Client shall have the right (but not the obligation) to secure the same in the name of and for the account of Artist, in which event, Artist shall pay the cost thereof and shall furnish upon demand, all information that may be required to procure such insurance.

E. Upon receipt of any notice of such insurance carrier’s cancellation or alteration, Artist shall within ten (10) calendar days procure other policies of insurance (or make payment of premium DocuSign Envelope ID: F246F323-EAA9-4364-AB6E-58E966C99FDA Attachment 2
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if that was the reason for such notice), similar in all respects to the policy or policies about to expire, be canceled or altered.

12. STANDARD OF CARE. The Client relies upon the professional ability of Artist and representations regarding the type of work to be performed as a material inducement to entering into this Agreement.

Artist agrees to use reasonable care and diligence in rendering services under this Agreement. Artist is responsible for the work of all employees, subcontractors, and agents, and the negligence of one of them, if not adequately remedied by Artist, shall be conclusively deemed the negligence of Artist.

Artist agrees that the acceptance of his work by Client shall not operate as a waiver or release of said obligation of Artist. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve specialized professional judgment appropriate to the type of work to be performed under this Agreement shall not be used as a basis for submission of inadequate work or incomplete performance.

13. COVENANT AGAINST CONTINGENT FEES. The Artist warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Artist, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the Client shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

14. LIENS AND PAYMENTS. Artist shall convey title to the work free from all liens. Artist, independent of Client’s payment obligations hereunder, shall timely compensate its subcontractors, employees and suppliers in connection with the services performed hereunder, shall take necessary actions to prevent any lien upon the property that is the subject of Artist’s services, and shall defend, indemnify and hold harmless Client against any loss or expense arising out of any labor code violation, or claim of lien from Artist, its subcontractors, employees, or suppliers.

15. CONFLICT OF INTEREST . Artist covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder . Artist further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

16. DEFAULT. If Artist fails to perform any obligation under this Agreement, within the time and in the manner herein provided or otherwise violates any term of this Agreement, Client may terminate this Agreement by giving Artist written notice of such termination, stating the reason for such termination. In such event, Artist shall be entitled to receive (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist bear to the total services otherwise required to be performed under th e Agreement.

Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whether or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artis t is DocuSign Envelope ID: F246F323-EAA9-4364-AB6E-58E966C99FDA Attachment 2
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determined.

17. INDEPENDENT CONTRACTOR. The parties intend that Artist, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Artist is not to be considered an agent or employee of the Client and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Client provides its employees. In the event Client exercises its right to terminate this Agreement, Artist expressly agrees that he/she shall have no recourse o r right of appeal under rules, regulations, ordinances or laws applicable to employees.

18. EMPLOYMENT PRACTICES. Artist shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex , age, national origin, or other prohibited grounds.

19. COMPLIANCE WITH LAW.

A. Artist shall comply with all applicable federal, state and local laws, rules and regulations applicable to the Artist and his/her work hereunder and shall ensure that all subcontractors do the same. Artist represents and warrants to Client that Artist has and will keep in effect during the term of this Agreement all licenses, qualifications and approvals of whatsoever nature, which are legally required for Artist to practice Artist's profession and to do the work hereunder.

B. Artist agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all newly -hired employees of Artist performing any services under this Agreement have a legal right to work in t he United States of America, that all required documentation of such right to work is inspected, and that INS Form 1 -9 (as it may be amended from time to time) is completed and on file for each employee. Artist shall make the required documentation availab le upon request to Client for inspection.

20. WORK PRODUCT AND ACCEPTANCE OF WORK

A. Upon the Client's acceptance of the work required by this Agreement as complete the Client or Master Association shall have no obligation to display or maintain any physical works or art or projects constructed using Artist's conceptual design for any particular time and within the scope of its legal authority . Client and Master Association may in their sole discretion remove, relocate , restore, modify or destroy the physical works or art or projects constructed using Artist's conceptual design at any time after the completion of the project.

Client and Master Association owe no obligation to Artist to maintain the work.

B. As to the Client , the Master Association and their agents, employees and contractors, the Artist hereby waives any and all rights he may have to prevent or cause the prevention of the removal, relocation or destruction of the project once constructed; or to seek other relief in connection with any such removal or destruction, pursuant to Title 17, Section 106A of the United States Code, or pursuant to Section 987 of the California Civil Code as such sections now exist or may hereafter be amended .

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C. Within the scope of its legal authority, Client and Master Association shall have the right to make photographs, drawings, or other two-dimensional reproductions of the work and the conceptual design without prior consent of the Artist if used solely for non -commercial purposes, advertising, descriptive br ochures, and similar purposes.

D. Final Acceptance. Artist shall advise client in writing when Artist has completed all obligations, services, and deliverables under this agreement. The work shall not be officially accepted by the Client unless the City of Dublin has also issued a determination of final acceptance. Client shall make a good faith effort to promptly request a determination as to final acceptance from City.

21. OWNERSHIP AND RISK OF LOSS. Except in the case of early termination of this agreement, title to the artwork shall transfer from Artist to Client or Master Association upon Client’s final acceptance of the work. Title transfer shall be self-executing upon Client’s final acceptance of the work. Artist will cooperate in providing Client or Master Association any title transfer documents that Client or Master Association may request or require during or after the term of this agreement.

The risk of loss or damage to the artwork shall be borne solely by Artist until delivery of the artwork to the property. Artist shall take steps to protect the artwork from loss or damage until final acceptance by Client.

22. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arises with respect to the performance of either party, the other may in writing demand adequate assurance of due performance, and until it receives such assurance, may, if reasonable, suspend any performance for which the agreed return has not been received. "Reasonable" includes not only the conduct of a party with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceed fifteen (15) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

23. CONFIDENTIALITY. Artist shall treat all information obtained from Client in the performance of this Agreement as confidential and proprietary to Client. Artist shall treat all records and work product prepared or maintained by Artist in the performance of this Agreement as confidential. Artist agrees that it will not use any information obtained because of the performance of work for any purpose other than fulfillment of Artist's scope of work. Artist will not disclose any information prepared for Client, or obtained from Client or obtained as a consequence of the performance of work, to any person other than Client, or its own employees, agents or subcontractors, who have a need for the informat ion for the performance of work under this Agreement unless such disclosure is specifically authorized in writing by the Client. Artist shall advise Client of any request for disclosure of information or of any actual or potential disclosure of information. Artist's obligations under this paragraph shall survive the termination of this Agreement.

24. ACCIDENT REPORT. If any damage (including death, personal injury, or property damage) occurs in connection with the performance of this Agreement, Artist shall promptly submit to the Client a written notice of such accident with the following information:

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A. Name and address of the injured or deceased person(s); B. Name and address of any witness;
C. Name and address of Artist's insurance company; and
D. A detailed description of the damage and whether any Client property was involved.

25. ELECTRONIC COMMUNICATIONS. During the course of this Agreement, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer software and Internet access. Artist and the Client acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses or similar destructive electronic programs. Artist and the Client view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Artist agrees to update its system with the software vendor's most current releases at regular intervals. Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The Parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that, its respective communications and documents will be virus free. Occasionally, a Virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are viruses free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

26. ELECTRONIC OR MAGNETIC DATA . If the Scope of Work requires that Artist provide documents in electronic or magnetic formats, they shall be provided in a manipulative form.

Client recognizes that electronic or magnetic data and its transmission may be damaged, may develop inaccuracies during use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. Artist shall not be liable for any loss of use, profit, or any other damages arising from Client's reuse, misuse, modification, or misinterpretation of the data submitted in electronic or magnetic form. Nothing contained in this paragraph shall affect the indemnification or standard of care required hereunder for Artist with respect to Artist’s work and work products deli vered in hard copy.

27. GENERAL PROVISIONS.

A. Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

B. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.

C. Governing Law. Jurisdiction. In addition, Venue. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

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D. Attorney's Fees . In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred, whether or not such action proceeds to judgment.

E. Indemnification . Artist will indemnify, hold harmless, and defend Client (including its managers, officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements , interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, that are incurred by Indemnified Party/awarded against Indemnified Party (collectively, "Losses"), arising out of any: a) material breach or non -fulfillment of any material representation, warranty, or covenant in this Agreement, (b) any negligent or more culpable act or omission of Artist [or its Personnel] in connection with the performance of its obligations under this Agreement; or (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the acts or omissions of the Artist (including injury to Artist's personnel) or (d) the failure of Artist to materially comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.

F. Assignment and Delegation. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Artist's duties be delegated without the written consent of Client. Any attempt to assign or delegate this Agreement without the written consent of the Client shall be void and of no force or effect. Consent by the Client to one assignment shall not be deemed consent to any subsequent assignment.

G. Modifications . This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

H. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

I. Time. Time is of the essence in carrying out the duties hereunder.

J. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and underst andings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

K. Each Party's Role in Drafting the Agreement. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

L. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Artist and the Client.

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28. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

Dublin Crossing, LLC BoxStudio LLC

By: By: _________________________

Print Name: _________ Print Name: __________________

Title: ___ Title: ____

Date: _____________ Date: _______

DocuSign Envelope ID: F246F323-EAA9-4364-AB6E-58E966C99FDA Jennifer Box
Executive Director
5/3/20225/3/2022
Gonzalo Rodriguez
VP, Land & Planning
Attachment 2
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EXHIBIT A
Project Description

Project Description:

Rising Peace is one of Kevin’s favorite sculptures to make. Each one is different and starts off with an interesting large rock the artist finds in the landscape. One at a time he welds the cranes together until the composition—the flock—takes off as a whole.

Tsuru, the Japanese word for crane, is among the oldest origami forms folded from a single, uncut square of paper. Images and references to this iconic design date back to the Edo period in Japan, 1603 to 1868. The crane has become a symbol of peace around the world, and folding cranes continues to be an inspirational experience for many. “To me, the cranes in this sculpture represent many generations helping one another find joy and peace,” Kevin says. “They are lifting each other up and in all directions, spreading their message into the world.”

Rising Peace, 2021
Kevin Box
Powder coated cast stainless steel on stone

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Artist's Responsibilities :

The Artist will complete the following tasks:

Attend a site visit; meet with client and the design team, walk-through the existing structure.

Review architectural drawings and renderings.

Review the structural and functional conditions of the project.

Review the code requirements for the project.

Produce drawings, renderings, videos, budget, and project narrative of initial concepts.

Meet with project team, as needed.

Meet with art conservator or provide art conservator report on materials to be used.

Present a proposal consisting of drawings, renderings, video rendering, budget, project narrative.

Revise the proposal based on feedback from the client and design team.

Fabricate a mock -up or a sample of the proposed artwork.

Document the sample with pho tos and videos.

Assist client and design team with permitting, inspection and approval process for artwork and its support structure
Provide all needed design and engineering for support structure, foundation and wind loads.

Procure materials and parts for full-scale artwork.

Fabricate and assemble artwork.

Attend a meeting on -site to coordinate installation and verify that support structure is ready.

Crate and ship the artwork components to the job site.

Unload and store the artwork components at the job site.

Install and anchor the artwork upon the support structure, including any needed crane/rigging.

Document the final installation with photographs and video.

Provide final statement and drawings.

Create a maintenance manual for the artwork.

Comply with [Contractor] site logistics and safety plans.

Attend meeting with the City of Dublin to review logistics and "overhead work." All install work must be at prevailing wage rate.

Client and Design Team Responsibilities:

The client and design team will complete the following tasks:

Review artist's proposal and provide feedback .

Obtain and assume the cost of any necessary permits, inspections and approvals for artwork from local authorities.

Client is responsible for all expenses, materials, labor and equipment to prepare the site for the timely installation of the work. This preparation of the site shall include the cost and construction of the foundation.

Meet with artist's installer to coordinate delivery and installation of artwork components.

Provide a place to store the artist's materials during installation.

Process invoices net 30 days from the end of the month .

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EXHIBIT B
Schedule of Performance & Compensation Schedule

The artist will complete the tasks described under Artist’s Responsibilities in this agreement for a total fee one-hundred seventeen tho usand six hundred seven dollars.

Costs

Total Cost (Includes Design, Fabrication, Delivery and Installation) $ 117,607

Payment Schedule

1. Due upon acceptance of proposal (50%) $ 58,803.50

2. Due upon notice to proceed with installation (25%) $ 29,401.75

3. Due upon final acceptance of artwork (25%) $ 29,401.75

Schedule

1. Acceptance of proposal Date__________________

2. Notice to proceed with installation Date__________________

3. Completion of installation Date__________________

DocuSign Envelope ID: F246F323-EAA9-4364-AB6E-58E966C99FDA May 3, 2022
September 1, 2022
By December 15, 2022
Attachment 2
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AGREEMENT FOR SERVICES

Public Art Design, Fabrication and Installation

This Agreement is dated this 29th day of October, 2021, by and between Dublin Crossing, LLC (hereinafter referred to as the "Client"), and David Duskin (hereinafter referred to as the "Artist").

RECITALS

A. The Client has requested the Artist to design, fabricate, and install public art at The Boulevard Master Plan, on Arnold Road. & Central Parkway, Dublin, CA 94568

B. The Artist is qualified and experienced to provide such services.

NOW, THEREFORE, the Client and the Artist, for the consideration hereinafter set forth, mutually agree as follows:

1. SCOPE OF WORK. The Artist shall develop the final design of the artwork (see Exhibit A) to complete all phases of development (including the acquisition of materials, fabrication ) that shall lead to and include the successful installation of the artwork. Artist shall perform all services as detailed in the attached "Schedule of Performance and Compensation Schedule," attached hereto as Exhibit "B."

2. WARRANTIES.

A. Warranty of Title: The Artist warrants that the artwork is original and solely the product of Artist’s own creative efforts and does not infringe on the rights of any person or entity. Except as otherwise disclosed in writing to Client, the artwork is unique and original and does not infringe upon any copyright or the rights of any person.

B. The Artist shall faithfully perform the work required under this agreement in accordance with standards of care, skill, training, diligence, and judgment provided by highly competent professionals who perform work of a similar nature to the work described in this agreement. Ar tist shall assign only competent personnel to perform services pursuant to this agreement.

C. Warranty of workmanship. The artist shall guarantee its work to be free from faults or defects of material and workmanship for a period of one (1) year after installation and final acceptance of all work by Client.

D. Warranty of public safety. Artist represents and warrants that the work will not pose a danger to public health or safety, including through the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this agreement.

E. Warranty of acceptable standard of display and operation. Artist represents and warrants that:
(1) Occasional or minimal cleaning and repair of the work and any associated working parts and/or equipment will be sufficient to maintain the work within an acceptable standard for public display.
(2) With general routine cleaning and repair, foreseeable exposure to the elements and general wear and tear will cause the work to experience only minor repairable damage or deterioration, and will not cause the work to experience irreparable damage or deterioration below an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling.

F. Manufacturer’s Warranty. To the extent the work incorporates products covered by a manufacturers’ warranty, artist shall assign, hereby assigns, and shall provide copies of, such warranties to Client.

G. Warranties provided herein shall inure to the benefit of the ultimate owner (s) of the subject work including Boulevard Master Owners Association, a California nonprofit mutual benefit corporation DocuSign Envelope ID: 87B46547-F794-48FE-A8F7-67BE49552687 Attachment 2
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(hereinafter “Master Association”) . Master Association is an intended beneficiary of this Agreement.

3. COORDINATION. Artist shall personally participate in said project to coordinate all activities of the project. The Client authorizes Josh Roden [Client Authorized Representative ] to act on behalf of the Client in accordance with the terms of this Agreement, and to take all actions authorized or required to be taken by the Client.

4. COMPENSATION.

A. Client shall pay Artist as compensation for such services and conveyance of title to the completed work as set forth in the "Schedule of Performance and Compensation Schedule" attached hereto as Exhibit "B" and incorporated herein by reference. Client shall pay Artist the amount identified under the "Payment Amount" column after each corresponding phase of work has been completed to the satisfaction of the Client. Artist shall complete all the services required under this Agreement for a total payment from the Client in an amount not to exceed six-hundred thousand dollars ($600,000.00).

B. Upon completion of each Phase as described on Exhibit "B", Artist shall submit invoices for work performed . Client shall make payment within thirty (30) days after approval of the invoice by Client.

5. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final installation unless terminated earlier as provided herein.

6. NOTICES. Any notice (including any demand, request, consent, approval , or communication that any party desires or is required to give to any other party or any other person under this Agreement) shall be in writing and either served personally or sent by prepaid, certified or registered mail, return receipt requested. Any such notice shall be addressed as follows:

TO Client: Dublin Crossing, LLC
Josh Roden, President
12657 Alcosta Blvd, Suite 250, San Ramon, CA 94583
925.743.8000
[email protected]

TO ARTIST: David Duskin
222 Fair Street, Petaluma CA, 94952
415.260.8630
[email protected]

Any party may change its address by notifying the other parties of the change of address. All notices shall be effective on the date of actual delivery, or the date set forth on the return receipt of a certified or registered mail delivery.

7. AMENDMENT OF SCOPE OF WORK. Client may request an amendment to the Scope of Work within the Agreement by written notification to the Artist. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. The Artist may request an adjustment to the contract price or time for performance DocuSign Envelope ID: 87B46547-F794-48FE-A8F7-67BE49552687 Attachment 2
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only if the Artist establishes to the satisfaction of the Client's Authorized Representative that there was an unforeseen and unforeseeable condition that was outside of t he responsibility or control of the Artist. Failure of the Artist to secure Client's written authorization for extra or changed work shall constitute a waiver of all right to adjustment in the contract price or time due.

8. CLIENT'S RIGHT TO TERMINATE/SUSPEND CONTRACT At any time and for any or no reason, Client shall have the right to terminate this Agreement, and pay the Artist (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist at the time of such termination bears to the total services otherwise required to be performed under the Agreement. Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whether or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artist is determined. If Client terminates without cause, Client shall have no right of use to any of Artist's work, e.g. studies, preliminary drawings, computations, specifications, etc., without further agreement with Artist.

9. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Artist shall not relieve the Artist from obligation to correct any defective, inaccurate or incomplete work for which Artist is responsible under this Agreement that is subsequently discovered, and all such work shall be remedied by the Artist on demand without cost to the Client.

10. DELAYS AND EXTENSIONS. Time is of the essence concerning performance of this Agreement; however, the Artist will be granted time extensions for delays beyond the Artist's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Artist and the Client.

11. INSURANCE.

A. Prior to commencing the work that is the subject of this agreement, and throughout the period of this Agreement, and Artist shall obtain and maintain the following policies of insurance, in a form and from insurance companies reasonably acceptable to Client, and shall require any subcontractors to obtain and maintain equivalent coverage: Comprehensive or Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, with insurers with a Bests’ rating of no less than A:VII.

B. Prior to commencing the work that is the subject of this agreement, Artist shall provide Client with certificates of insurance evidencing the above coverage, and upon request by Client shall provide certified copies of all required insurance policies maintained by Artist .

C. Prior to commencing the work that is the subject of this agreement, Artist shall obtain and deliver to Client an additional insured endorsement naming Client, City of Dublin, and Master Association as additional insureds, as primary insurance, under Artist’s Commercial General Liability policy.

D. If Artist fails to procure, maintain or pay for the required insurance, Client shall have the right (but not the obligation) to secure the same in the name of and for the account of Artist, in which event, Artist shall pay the cost thereof and shall furnish upon demand, all information that may be required to procure such insurance.

E. Upon receipt of any notice of such insurance carrier’s cancellation or alteration, Artist shall within ten (10) calendar days procure other policies of insurance (or make payment of premium if that was the reason for such notice), similar in all respects to the policy or policies about to DocuSign Envelope ID: 87B46547-F794-48FE-A8F7-67BE49552687 Attachment 2
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expire, be canceled or altered.

12. STANDARD OF CARE. The Client relies upon the professional ability of Artist and representations regarding the type of work to be performed as a material inducement to entering into this Agreement.

Artist agrees to use reasonable care and diligence in rendering services under this Agreement. Artist is responsible for the work of all employees, subcontractors, and agents, and the negligence of one of them, if not adequately remedied by Artist, shall be conclusively deemed the negligence of Artist.

Artist agrees that the acceptance of his work by Client shall not operate as a waiver or release of said obligation of Artist. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve specialized professional judgment appropriate to the type of work to be performed under this Agreement shal l not be used as a basis for submission of inadequate work or incomplete performance.

13. COVENANT AGAINST CONTINGENT FEES. The Artist warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Artist, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the Client shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

14. LIENS AND PAYMENTS. Artist shall convey title to the work free from all liens. Artist, independent of Client’s payment obligations hereunder, shall timely compensate its subcontractors, employees and suppliers in connection with the services performed hereunder, shall take necessary actions to prevent any lien upon the property that is the subject of Artist’s services, and shall defend, indemnify and hold harmless Client against any loss or expense arising out of any labor code violation, or claim of lien from Artist, its subcontractors, employees, or suppliers.

15. CONFLICT OF INTEREST . Artist covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder . Artist further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

16. DEFAULT. If Artist fails to perform any obligation under this Agreement, within the time and in the manner herein provided or otherwise violates any term of this Agreement, Client may terminate this Agreement by giving Artist written notice of such termination, stating the reason for such termination. In such event, Artist shall be entitled to receive (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist bear to the total services otherwise required to be performed under the Agreement.

Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whet her or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artist is determined.

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17. INDEPENDENT CONTRACTOR. The parties intend that Artist, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Artist is not to be considered an agent or employee of the Client and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Client provides its employees. In the event Client exercises its right to terminate this Agreement, Artist expressly agrees that he/she shall have no recourse or right of appeal under rules, regulations, ordinances or laws applicable to employees.

18. EMPLOYMENT PRACTICES. Artist shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex , age, national origin, or other prohibited grounds.

19. COMPLIANCE WITH LAW.

A. Artist shall comply with all applicable federal, state and local laws, rules and regulations applicable to the Artist and his/her work hereunder and shall ensure that all subcontractors do the same. Artist represents and warrants to Client that Artist has and will keep in effect during the term of this Agreement all licenses, qualifications and approvals of whatsoever nature, which are legally required for Artist to practic e Artist's profession and to do the work hereunder.

B. Artist agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all newly -hired employees of Artist performing any services under this Agreement have a le gal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1 -9 (as it may be amended from time to time) is completed and on file for each employee. Artist shall make the required documentation available upon request to Client for inspection.

20. WORK PRODUCT AND ACCEPTANCE OF WORK

A. Upon the Client's acceptance of the work required by this Agreement as complete the Client or Master Association shall have no obligation to display or maintain any physical works or art or projects constructed using Artist's conceptual design for any particular time and within the scope of its legal authority . Client and Master Association may in their sole discretion remove, relocate , restore, modify or destroy the physical works or art or projects constructed using Artist's conceptual design at any time after the completion of the project.

Client and Master Association owe no obligation to Artist to maintain the work.

B. As to the Client , the Master Association and their agents, employees and contractors, the Artist hereby waives any and all rights he may have to prevent or cause the prevention of the removal, relocation or destruction of the project once constructed; or to seek other relief in connection with any such removal or destruction, pursuant to Title 17, Section 106A of the United States Code, or pursuant to Section 987 of the California Civil Code as such sections now exist or may hereafter be amended .

C. Within the scope of its legal authority, Client and Master Association shall have the right to DocuSign Envelope ID: 87B46547-F794-48FE-A8F7-67BE49552687 Attachment 2
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make photographs, drawings, or other two-dimensional reproductions of the work and the conceptual design without prior consent of the Artist if used solely for non -commercial purposes, adver tising, descriptive brochures, and similar purposes.

D. Final Acceptance. Artist shall advise client in writing when Artist has completed all obligations, services, and deliverables under this agreement. The work shall not be officially accepted by the Client unless the City of Dublin has also issued a determination of final acceptance. Client shall make a good faith effort to promptly request a determination as to final acceptance from City.

21. OWNERSHIP AND RISK OF LOSS. Except in the case of early termination of this agreement, title to the artwork shall transfer from Artist to Client or Master Association upon Client’s final acceptance of the work. Title transfer shall be self-executing upon Client’s final acceptance of the work. Artist will cooperate in providing Client or Master Association any title transfer documents that Client or Master Association may request or require during or after the term of this agreement.

The risk of loss or damage to the artwork shall be borne solely by Artist until del ivery of the artwork to the property. Artist shall take steps to protect the artwork from loss or damage until final acceptance by Client.

22. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arises with respect to the performance of either party, the other may in writing demand adequate assurance of due performance, and until it receives such assurance, may, if reasonable, suspend any performance for which the agreed return has not been received. "Reasonable" includes not only the conduct of a party with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceed fifteen (15) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

23. CONFIDENTIALITY. Artist shall treat all information obtained from Client in the performance of this Agreement as confidential and proprietary to Client. Artist shall treat all records and work product prepared or maintained by Artist in the performance of this Agreement as confidential. Artist agrees that it will not use any information obtained because of the performance of work for any purpose other than fulfillment of Artist's scope of work. Artist will not disclose any information prepared for Client, or obtained from Client or obtained as a consequence of the performance of work, to any person other than Client, or its own employees, agents or subcontractors, who have a need for the informat ion for the performance of work under this Agreement unless such disclosure is specifically authorized in writing by the Client. Artist shall advise Client of any request for disclosure of information or of any actual or potential disclosure of information. Artist's obligations under this paragraph shall survive the termination of this Agreement.

24. ACCIDENT REPORT. If any damage (including death, personal injury, or property damage) occurs in connection with the performance of this Agreement, Artist shall promptly submit to the Client a written notice of such accident with the following information:

A. Name and address of the injured or deceased person(s); DocuSign Envelope ID: 87B46547-F794-48FE-A8F7-67BE49552687 Attachment 2
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B. Name and address of any witness;
C. Name and address of Artist's insurance company; and
D. A detailed description of the damage and whether any Client property was involved.

25. ELECTRONIC COMMUNICATIONS. During the course of this Agreement, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer software and Internet access. Artist and the Client acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses or similar destructive electronic programs. Artist and the Client view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Artist agrees to update its system with the software vendor's most current releases at regular intervals. Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The Parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that, its respective communications and documents will be virus free. Occasionally, a Virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are viruses free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

26. ELECTRONIC OR MAGNETIC DATA . If the Scope of Work requires that Artist provide documents in electronic or magnetic formats, they shall be provided in a manipulative form.

Client recognizes that electronic or magnetic data and its transmission may be damaged, may develop inaccuracies during use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. Artist shall not be liable for any loss of use, profit, or any other damages arising from Client's reuse, misuse, modification, or misinterpretation of the data submitted in electronic or magnetic form. Nothing contained in this paragraph shall affect the indemnification or standard of care required hereunder for Artist with respect to Artist’s work and work products deli vered in hard copy.

27. GENERAL PROVISIONS.

A. Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

B. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.

C. Governing Law. Jurisdiction. In addition, Venue. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

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D. Attorney's Fees . In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred, whether or not such action proceeds to judgment.

E. Indemnification . Artist will indemnify, hold harmless, and defend Client (including its managers, officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements , interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, that are incurred by Indemnified Party/awarded against Indemnified Party (collectively, "Losses"), arising out of any: a) material breach or non -fulfillment of any material representation, warranty, or covenant in this Agreement, (b) any negligent or more culpable act or omission of Artist [or its Personnel] in connection with the performance of its obligations under this Agreement; or (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the acts or omissions of the Artist (including injury to Artist's personnel) or (d) the failure of Artist to materially comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.

F. Assignment and Delegation. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Artist's duties be delegated without the written consent of Client. Any attempt to assign or delegate this Agreement without the written consent of the Client shall be void and of no force or effect. Consent by the Client to one assignment shall not be deemed consent to any subsequent assignment.

G. Modifications . This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

H. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

I. Time. Time is of the essence in carrying out the duties hereunder.

J. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and underst andings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

K. Each Party's Role in Drafting the Agreement. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

L. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Artist and the Client.

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28. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

Dublin Crossing, LLC David Duskin

By: By: _________________________

Print Name: _________ Print Name: __________________

Title: ___ Title: ____

Date: _____________ Date: _______

DocuSign Envelope ID: 87B46547-F794-48FE-A8F7-67BE49552687 David Duskin
Owner
10/29/2021
Josh Roden
10/30/2021
President
Attachment 2
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EXHIBIT A
Project Description

Project Description:

Client and Artist agreed to the change in dimensions to approximately 14’ tall x 9’ x 6.5’ on June 29, 2021.

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Artist's Responsibilities :

The Artist will complete the following tasks:

Attend a site visit; meet with client and the design team, walk-through the existing structure.

Review architectural drawings and renderings.

Review the structural and functional conditions of the project.

Review the code requirements for the project.

Produce drawings, renderings, videos, budget, and project narrative of initial concepts.

Meet with project team, as needed.

Meet with art conservator or provide art conservator report on materials to be used.

Present a proposal consisting of drawings, renderings, video rendering, budget, proj ect narrative.

Revise the proposal based on feedback from the client and design team.

Fabricate a mock -up or a sample of the proposed artwork.

Document the sample with photos and videos.

Assist client and design team with permitting, inspection and approval process for artwork and its support structure.

Design, engineer, fabricate and install the support structure for the artwork.

Provide all needed engineering for support structure, foundation, wind loads, and construction of the foundation.

Procure materials and parts for full -scale artwork.

Fabricate and assemble artwork.

Attend a meeting on -site to coordinate installation and verify that support structure is ready.

Crate and ship the artwork components to the job site.

Unload and store the artwork components at the job site.

Install and anchor the artwork upon the support structure, including any needed crane/rigging.

Document the final installation with photographs and video.

Provide final statement and drawings.

Create a maintenance manual for the artwork.

Comply with [Contractor] site logistics and safety plans.

Attend meeting with the City of Dublin to review logistics and "overhead work." All install work must be at prevailing wage rate.

Client and Design Team Responsibilities:

The client and design team will complete the following tasks:

Review artist's proposal and provide feedback .

Obtain and assume the cost of any necessary permits, inspections and approvals for artwork from local authorities.

Meet with artist's installer t o coordinate delivery and installation of artwork components.

Provide a place to store the artist's materials during installation.

Process invoices net 30 days from the end of the month .

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EXHIBIT B
Schedule of Performance & Compensation Schedule

The artist will complete the tasks described under Artist’s Responsibilities in this agreement for a total fee twenty eight thousand dollars.

Costs

Total Cost (Includes Design, Fabrication, Delivery and Installation) $ 600,000

Payment Schedule

1. Due upon acceptance of proposal (50%) $ 300,000

2. Due upon notice to proceed with installation (25%) $ 150,000

3. Due upon final acceptance of artwork (25%) $ 150,000

Schedule

1. Acceptance of proposal

2. Notice to proceed with installation

3. Completion of installation

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2022
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AGREEMENT FOR SERVICES

Public Art Design, Fabrication and Installation

This Agreement is dated this 29th day of October , 2021 , by and between Dublin Crossing.

LLC (hereinafter referred to as the "Client"), and Tyler Van Der Stappen (hereinafter referred to as the "Artist").

RECITALS

A. The Client has requested the Artist to design, fabricate, and install public art at The Boulevard Master Plan, on Sterling Street & Nugget Way, Dublin, CA 94568

B. The Artist is qualified and experienced to provide such services.

NOW, THEREFORE, the Client and the Artist, for the consideration hereinafter set forth, mutually agree as follows:

1. SCOPE OF WORK. The Artist shall develop the final design of the artwork (see Exhibit A) to complete all phases of development (including the acquisition of materials, fabrication ) that shall lead to and include the successful installation of the artwork. Artist shall perform all services as detailed in the attached "Schedule of Performance and Compensation Schedule," attached hereto as Exhibit "B."

2. WARRANTIES.

A. Warranty of Title: The Artist warrants that the artwork is original and solely the product of Artist’s own creative efforts and does not infringe on the rights of any person or entity. Except as otherwise disclosed in writing to Client, the artwork is unique and original and does not infringe upon any copyright or the rights of any person.

B. The Artist shall faithfully perform the work required under this agreement in accordance with standards of care, skill, training, diligence, and judgment provided by highly competent professionals who perform work of a similar nature to the work described in this agreement. Ar tist shall assign only competent personnel to perform services pursuant to this agreement.

C. Warranty of workmanship. The artist shall guarantee its work to be free from faults or defects of material and workmanship for a period of one (1) year after installation and final acceptance of all work by Client.

D. Warranty of public safety. Artist represents and warrants that the work will not pose a danger to public health or safety, including through the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this agreement.

E. Warranty of acceptable standard of display and operation. Artist represents and warrants that:
(1) Occasional or minimal cleaning and repair of the work and any associated working parts and/or equipment will be sufficient to maintain the work within an acceptable standard for public display.
(2) With general routine cleaning and repair, foreseeable exposure to the elements and general wear and tear will cause the work to experience only minor repairable damage or deterioration, and will not cause the work to experience irreparable damage or deterioration below an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling.

F. Manufacturer’s Warranty. To the extent the work incorporates products covered by a manufacturers’ warranty, artist shall assign, hereby assigns, and shall provide copies of, such warranties to Client.

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including Boulevard Master Owners Association, a California nonprofit mutual benefit corporation (hereinafter “Master Association”) . Master Association is an intended beneficiary of this Agreement.

3. COORDINATION. Artist shall personally participate in said project to coordinate all activities of the project. The Client authorizes Josh Roden Client Authorized Representative ] to act on behalf of the Client in accordance with the terms of this Agreement, and to take all actions authorized or required to be taken by the Client.

4. COMPENSATION.

A. Client shall pay Artist as compensation for such services and conveyance of title to the completed work as set forth in the "Schedule of Performance and Compensation Schedule" attached hereto as Exhibit "B" and incorporated herein by reference. Client shall pay Artist the amount identified under the "Payment Amount" column after each corresponding phase of work has been complet ed to the satisfaction of the Client. Artist shall complete all the services required under this Agreement for a total payment from the Client in an amount not to exceed Twenty Eight Thousand Dollars ($28,000).

B. Upon completion of each Phase as described on Exhibit "B", Artist shall submit invoices for work performed . Client shall make payment within thirty (30) days after approval of the invoice by Client.

5. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final installation unless terminated earlier as provided herein.

6. NOTICES. Any notice (including any demand, request, consent, approval , or communication that any party desires or is required to give to any oth er party or any other person under this Agreement) shall be in writing and either served personally or sent by prepaid, certified or registered mail, return receipt requested. Any such notice shall be addressed as follows:

TO Client: Dublin Crossing, LLC
Josh Roden, President
12657 Alcosta Blvd, Suite 250, San Ramon, CA 94583
925.743.8000
[email protected]

TO ARTIST: Tyler van der Stappen
1050 Creekside Drive, Ogden, UT 84404
801.920.2403
[email protected]

Any party may change its address by notifying the other parties of the change of address. All notices shall be effective on the date of actual delivery, or the date set forth on the return receipt of a certified or registered mail delivery.

7. AMENDMENT OF SCOPE OF WORK. Client may request an amendment to the Scope of Work within the Agreement by written notification to the Artist. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the DocuSign Envelope ID: 44BBCBF1-BF35-4785-BED4-35F211937332 Attachment 2
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Agreement. The Artist may request an adjustment to the contract price or time for performance only if the Artist establishes to the satisfaction of the Client's Authorized Representative that there was an unforeseen a nd unforeseeable condition that was outside of the responsibility or control of the Artist. Failure of the Artist to secure Client's written authorization for extra or changed work shall constitute a waiver of all right to adjustment in the contract price or time due.

8. CLIENT'S RIGHT TO TERMINATE/SUSPEND CONTRACT At any time and for any or no reason, Client shall have the right to terminate this Agreement, and pay the Artist (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist at the time of such termination bears to the total services otherwise required to be performed under the Agreement. Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whether or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artist is determined. If Client terminates without cause, Client shall have no right of use to any of Artist's work, e.g. studies, preliminary drawings, computations, specifications, etc., without further agreement with Artist.

9. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Artist shall not relieve the Artist from obligation to correct any defective, inaccurate or incomplete work for which Artist is responsible under this Agreement that is subsequently discovered, and all such work shall be remedied by the Artist on demand without cost to the Client.

10. DELAYS AND EXTENSIONS. Time is of the essence concerning performance of this Agreement; however, the Artist will be granted time extensions for delays beyond the Artist's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Artist and the Client.

11. INSURANCE.

A. Prior to commencing the work that is the subject of this agreement, and throughout the period of this Agreement, and Artist shall obtain and maintain the following policies of insurance, in a form and from insurance companies reasonably acceptable to Client, and shall require any subcontractors to obtain and maintain equivalent coverage: Comprehensive or Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, with insurers with a Bests’ rating of no less than A:VII.

B. Prior to commencing the work that is the subject of this agreement, Artist shall provide Client with certificates of insurance evidencing the above coverage, and upon request by Client shall provide certified copies of all required insurance policies maintained by Artist .

C. Prior to commencing the work that is the subject of this agreement, Artist shall obtain and deliver to Client an additional insured endorsement naming Client, City of Dublin, and Master Association as additional insureds, as primary insurance, under Artist’s Commercial General Liability policy.

D. If Artist fails to procure, maintain or pay for the required insurance, Client shall have the right (but not the obligation) to secure the same in the name of and for the account of Artist, in which event, Artist shall pay the cost thereof and shall furnish upon demand, all information that may be required to procure such insurance.

E. Upon receipt of any notice of such insurance carrier’s cancellation or alteration, Artist shall within ten (10) calendar days procure other policies of insurance (or make payment of premium DocuSign Envelope ID: 44BBCBF1-BF35-4785-BED4-35F211937332 Attachment 2
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if that was the reason for such notice), similar in all respects to the policy or policies about to expire, be canceled or altered.

12. STANDARD OF CARE. The Client relies upon the professional ability of Artist and representations regarding the type of work to be performed as a material inducement to entering into this Agreement.

Artist agrees to use reasonable care and diligence in rendering services under this Agreement. Artist is responsible for the work of all employees, subcontractors, and agents, and the negligence of one of them, if not adequately remedied by Artist, shall be conclusively deemed the negligence of Artist.

Artist agrees that the acceptance of his work by Client shall not operate as a waiver or release of said obligation of Artist. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve specialized professional judgment appropriate to the type of work to be performed under this Agreement shal l not be used as a basis for submission of inadequate work or incomplete performance.

13. COVENANT AGAINST CONTINGENT FEES. The Artist warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Artist, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the Client shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

14. LIENS AND PAYMENTS. Artist shall convey title to the work free from all liens. Artist, independent of Client’s payment obligations hereunder, shall timely compensate its subcontractors, employees and suppliers in connection with the services performed hereunder, shall take necessary actions to prevent any lien upon the property that is the subject of Artist’s services, and shall defend, indemnify and hold harmless Client against any loss or expense arising out of any labor code violation, or claim of lien from Artist, its subcontractors, employees, or suppliers.

15. CONFLICT OF INTEREST . Artist covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder . Artist further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

16. DEFAULT. If Artist fails to perform any obligation under this Agreement, within the time and in the manner herein provided or otherwise violates any term of this Agreement, Client may terminate this Agreement by giving Artist written notice of such termination, stating the reason for such termination. In such event, Artist shall be entitled to receive (as full payment for all services satisfactorily rendered and expenses incurred hereunder) a proportionate amount of the total fees specified in this Agreement equal to the ratio that the services satisfactorily rendered by the Artist bear to the total services otherwise required to be performed under the Agreement.

Notwithstanding the above, Artist shall not be relieved from liability to Client for damages sustained by virtue of any breach of this Agreement by Artist, whet her or not the Agreement was terminated for convenience or cause, and Client may withhold payments not yet made to Artist for the purpose of setoff until such time as the exact amount of damages due Client from Artist is DocuSign Envelope ID: 44BBCBF1-BF35-4785-BED4-35F211937332 Attachment 2
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determined.

17. INDEPENDENT CONTRACTOR. The parties intend that Artist, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Artist is not to be considered an agent or employee of the Client and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Client provides its employees. In the event Client exercises its right to terminate this Agreement, Artist expressly agrees that he/she shall have no recourse or right of appeal under rules, regulations, ordinances or laws applicable to employees.

18. EMPLOYMENT PRACTICES. Artist shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex , age, national origin, or other prohibited grounds.

19. COMPLIANCE WITH LAW.

A. Artist shall comply with all applicable federal, state and local laws, rules and regulations applicable to the Artist and his/her work hereunder and shall ensure that all subcontractors do the same. Artist represents and warrants to Client that Artist has and will keep in effect during the term of this Agreement all licenses, qualifications and approvals of whatsoever nature, which are legally required for Artist to practic e Artist's profession and to do the work hereunder.

B. Artist agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all newly -hired employees of Artist performing any services under this Agreement have a le gal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1 -9 (as it may be amended from time to time) is completed and on file for each employee. Artist shall make the required documentation available upon request to Client for inspection.

20. WORK PRODUCT AND ACCEPTANCE OF WORK

A. Upon the Client's acceptance of the work required by this Agreement as complete the Client or Master Association shall have no obligation to display or maintain any physical works or art or projects constructed using Artist's conceptual design for any particular time and within the scope of its legal authority . Client and Master Association may in their sole discretion remove, relocate , restore, modify or destroy the physical works or art or projects constructed using Artist's conceptual design at any time after the completion of the project.

Client and Master Association owe no obligation to Artist to maintain the work.

B. As to the Client , the Master Association and their agents, employees and contractors, the Artist hereby waives any and all rights he may have to prevent or cause the prevention of the removal, relocation or destruction of the project once constructed; or to seek other relief in connection with any such removal or destruction, pursuant to Title 17, Section 106A of the United States Code, or pursuant to Section 987 of the California Civil Code as such sections now exist or may hereafter be amended .

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C. Within the scope of its legal authority, Client and Master Association shall have the right to make photographs, drawings, or other two-dimensional reproductions of the work and the conceptual design without prior consent of the Artist if used solely for non -commercial purposes, adver tising, descriptive brochures, and similar purposes.

D. Final Acceptance. Artist shall advise client in writing when Artist has completed all obligations, services, and deliverables under this agreement. The work shall not be officially accepted by the Client unless the City of Dublin has also issued a determination of final acceptance. Client shall make a good faith effort to promptly request a determination as to final acceptance from City.

21. OWNERSHIP AND RISK OF LOSS. Except in the case of early termination of this agreement, title to the artwork shall transfer from Artist to Client or Master Association upon Client’s final acceptance of the work. Title transfer shall be self-executing upon Client’s final acceptance of the work. Artist will cooperate in providing Client or Master Association any title transfer documents that Client or Master Association may request or require during or after the term of this agreement.

The risk of loss or damage to the artwork shall be borne solely by Artist until del ivery of the artwork to the property. Artist shall take steps to protect the artwork from loss or damage until final acceptance by Client.

22. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arises with respect to the performance of either party, the other may in writing demand adequate assurance of due performance, and until it receives such assurance, may, if reasonable, suspend any performance for which the agreed return has not been received. "Reasonable" includes not only the conduct of a party with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceed fifteen (15) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

23. CONFIDENTIALITY. Artist shall treat all information obtained from Client in the performance of this Agreement as confidential and proprietary to Client. Artist shall treat all records and work product prepared or maintained by Artist in the performance of this Agreement as confidential. Artist agrees that it will not use any information obtained because of the performance of work for any purpose other than fulfillment of Artist's scope of work. Artist will not disclose any information prepared for Client, or obtained from Client or obtained as a consequence of the performance of work, to any person other than Client, or its own employees, agents or subcontractors, who have a need for the informat ion for the performance of work under this Agreement unless such disclosure is specifically authorized in writing by the Client. Artist shall advise Client of any request for disclosure of information or of any actual or potential disclosure of information. Artist's obligations under this paragraph shall survive the termination of this Agreement.

24. ACCIDENT REPORT. If any damage (including death, personal injury, or property damage) occurs in connection with the performance of this Agreement, Artist shall promptly submit to the Client a written notice of such accident with the following information:

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A. Name and address of the injured or deceased person(s); B. Name and address of any witness;
C. Name and address of Artist's insurance company; and
D. A detailed description of the damage and whether any Client property was involved.

25. ELECTRONIC COMMUNICATIONS. During the course of this Agreement, communications may occur through sending, receiving or exchanging electronic versions of documents and e-mails using commercially available computer software and Internet access. Artist and the Client acknowledge that the Internet is occasionally victimized by the creation and dissemination of so-called viruses or similar destructive electronic programs. Artist and the Client view the issues raised by these viruses seriously and have invested in document and e-mail scanning software that identify and reject files containing known viruses. Artist agrees to update its system with the software vendor's most current releases at regular intervals. Because of the virus scanning software, the respective computer systems of the parties may occasionally reject a communication. The Parties acknowledge that this occurrence is to be expected as part of the ordinary course of business. Because the virus protection industry is generally one or two steps behind new viruses, neither party can guarantee that, its respective communications and documents will be virus free. Occasionally, a Virus will escape and go undetected as it is passed from system to system. Although each party will use all reasonable efforts to assure that its communications are viruses free, neither party warrants that its documents will be virus free. Each party agrees to advise the other if it discovers a virus in its respective system that may have been communicated to the other party.

26. ELECTRONIC OR MAGNETIC DATA . If the Scope of Work requires that Artist provide documents in electronic or magnetic formats, they shall be provided in a manipulative form.

Client recognizes that electronic or magnetic data and its transmission may be damaged, may develop inaccuracies during use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. Artist shall not be liable for any loss of use, profit, or any other damages arising from Client's reuse, misuse, modification, or misinterpretation of the data submitted in electronic or magnetic form. Nothing contained in this paragraph shall affect the indemnification or standard of care required hereunder for Artist with respect to Artist’s work and work products deli vered in hard copy.

27. GENERAL PROVISIONS.

A. Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

B. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.

C. Governing Law. Jurisdiction. In addition, Venue. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

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D. Attorney's Fees . In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred, whether or not such action proceeds to judgment.

E. Indemnification . Artist will indemnify, hold harmless, and defend Client (including its managers, officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements , interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, that are incurred by Indemnified Party/awarded against Indemnified Party (collectively, "Losses"), arising out of any: a) material breach or non -fulfillment of any material representation, warranty, or covenant in this Agreement, (b) any negligent or more culpable act or omission of Artist [or its Personnel] in connection with the performance of its obligations under this Agreement; or (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the acts or omissions of the Artist (including injury to Artist's personnel) or (d) the failure of Artist to materially comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.

F. Assignment and Delegation. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Artist's duties be delegated without the written consent of Client. Any attempt to assign or delegate this Agreement without the written consent of the Client shall be void and of no force or effect. Consent by the Client to one assignment shall not be deemed consent to any subsequent assignment.

G. Modifications . This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

H. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

I. Time. Time is of the essence in carrying out the duties hereunder.

J. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and underst andings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

K. Each Party's Role in Drafting the Agreement. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

L. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Artist and the Client.

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28. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

Dublin Crossing, LLC Tyler van der Stappen

By: By: _________________________

Print Name: _________ Print Name: __________________

Title: ___ Title: ____

Date: _____________ Date: _______

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Tyler van der Stappen
CEO
11/15/2021
Gonzalo Rodriguez
VP
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EXHIBIT A
Project Description

Project Description:

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Artist's Responsibilities :

The Artist will complete the following tasks:

Attend a site visit; meet with client and the design team, walk-through the existing structure.

Review architectural drawings and renderings.

Review the structural and functional conditions of the project.

Review the code requirements for the project.

Produce drawings, renderings, videos, budget, and project narrative of initial concepts.

Meet with project team, as needed.

Meet with art conservator or provide art conservator report on materials to be used.

Present a proposal consisting of drawings, renderings, video rendering, budget, project narrative.

Revise the proposal based on feedback from the client and design team.

Fabricate a mo ck-up or a sample of the proposed artwork.

Document the sample with photos and videos.

Assist client and design team with permitting, inspection and approval process for artwork and its support structure.

Design, engineer, fabricate and install the support structure for the artwork.

Provide all needed engineering for support structure, foundation, wind loads, and construction of the foundation.

Procure materials and parts for full -scale artwork.

Fabricate and assemble artwork.

Attend a meeting on -site to coordinate installation and verify that support structure is ready.

Crate and ship the artwork components to the job site.

Unload and store the artwork components at the job site.

Install and anchor the artwork upon the support structure, including any needed crane/rigging.

Document the final installation with photographs and video.

Provide final statement and drawings.

Create a maintenance manual for the artwork.

Comply with [Contractor] site logistics and safety plans.

Attend meeting with the City of Dublin to review logistics and "overhead work." All install work must be at prevailing wage rate.

Client and Design Team Responsibilities:

The client and design team will complete the following tasks:

Review artist's proposal and provide feedback .

Obtain and assume the cost of any necessary permits, inspections and approvals for artwork from local authorities.

Meet with artist's installer to coordinate delivery and installation of artwork components.

Provide a place to store the artist's materials during installation.

Process invoices net 30 days from the end of the month .

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EXHIBIT B
Schedule of Performance & Compensation Schedule
The artist will complete the tasks described under Artist’s Responsibilities in this agreement for a total fee twenty eight thousand dollars.

Costs
Engineering $ 15,000
Fabrication $ 9,000
Delivery & Installation $ 4,000
Total Cost $ 28,000
Payment Schedule

1. Due upon acceptance of proposal (50%) $ 14,000

2. Due upon notice to proceed with installation (25%) $ 7,000

3. Due upon final acceptance of artwork (25%) $ 7,000
Schedule

1. Acceptance of proposal December 31, 2022

2. Notice to proceed with installation December 31, 2022

3. Completion of installation December 31, 2022
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Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 513
{7288.01/00572604.1}

EXHIBIT D

Bond Estimates

Faithful Performance: $1,97 0,401.25

Labor and Materials: $1,97 0,401.25

3673321.1
Attachment 2
DocuSign Envelope ID: F9F84C8E-D529-45EA-A165-603C3976224D 514

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 4.13
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Contract Change Order Authorization for Parking Lot Resurfacing Improvements at Fallon Sports Park
Prepared by: William Wahbeh, Associate Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider increasing the contract change order authority of the City Manager for American Asphalt Repair & Resurfacing Co., Inc., the contractor of the Annual Street Resurfacing Project (CIP No. ST0117), to resurface and restripe the upper terrace parking lot at Fallon Sports Park, using available budget from Fallon Sports Park – Phase 3 (CIP No. PK0119).

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing the City Manager to Approve Contract Change Orders with American Asphalt Repair and Resurfacing Co., Inc. for the Fallon Sports Park Upper Terrace Parking Lot.

FINANCIAL IMPACT:

The cost to resurface and restripe the upper terrace parking lot at Fallon Sports Park is estimated at $100,000. There is approximately $900,000 remaining in the construction budget for Fallon Sports Park – Phase 3 (CIP No. PK0119), that can be used for these improvements.

DESCRIPTION:

On June 15, 2021, the City Council approved Resolution No. 79-21 approving a contract with American Asphalt Repair & Resurfacing Co., Inc. (American Asphalt) for the Annual Street Resurfacing Project (CIP No. ST0117) and authorizing the City Manager to approve contract change orders up to a contingency amount of $150,000 (Attachment 2 Resolution No. 79-21). The total potential construction contract amount, including the contingency, is $1,176,323.

The Annual Street Resurfacing Project (Attachment 3) is currently under construction and has repaired localized failed asphalt concrete pavement, slurry sealed, and installed pavement 515

Page 2 of 2 ends

delineation on 80 street segments. The project has one remaining roadway segment to complete, Positano Parkway between Fallon Road and La Strada Drive, which is scheduled to be repaired this summer prior to the start of the upcoming school year.

Proposed Change Order
The Fallon Sports Park upper terrace parking lot asphalt surface and pavement marks need repair.

Staff recommends that the repair be completed prior to completion and use of the Fallon Sports Park – Phase 3 improvements. Because American Asphalt still has Annual Street Resurfacing Project work to complete, Staff solicited a quote for the cost to repair the parking lot surface. The repair will include cleaning and preparing the existing asphalt surface for application of a sand/oil slurry seal. New pavement delineation and markings will be installed at drive aisles, parking stalls, and crosswalks. American Asphalt Repair & Resurfacing Co., Inc. provided a quote of up to $100,000 to resurface the parking lot while completing the remaining work on Positano Parkway.

To utilize the contractor for this additional scope of work, the City Council will need to approve an increase in the construction contingency amount to $250,000, which increases the not-to-exceed contract total to $1,276,323. The existing contingency amount of $150,000 is already anticipated to be used for the Annual Street Resurfacing Project. The cost for the additional parking lot work would be charged to the Fallon Sports Park, Phase 3 (CIP No. PK0119, Attachment 4).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a courtesy copy of this report was sent to American Asphalt Repair & Resurfacing Co., Inc.

ATTACHMENTS:
1) Resolution Authorizing the City Manager to Approve Contract Change Orders with American Asphalt Repair & Resurfacing Co., Inc. for the Fallon Sports Park Upper Terrace Parking Lot 2) Resolution No. 79-21 – Approving the Plans and Specifications and Delegating Authority to the City Manager to Award a Construction Contract for Annual Street Resurfacing Project (2021 Slurry Seal), CIP No. ST0117
3) CIP No. ST0117
4) CIP No. PK0119
516
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 07/19/22 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS WITH AMERICAN ASPHALT REPAIR AND RESURFACING CO., INC. FOR THE FALLON SPORTS

PARK UPPER TERRACE PARKING LOT
WHEREAS, on June 15, 2021, the City Council of the City of Dublin adopted Resolution No. 79-21, authorizing the City Manager or designee to consider, approve, award, and execute the contract for the Annual Street Resurfacing Project (2021 Slurry Seal, CIP No. ST0117) (“Project”); and
WHEREAS, the City Council authorized the City Manager or designee to approve contract change orders based on the appropriated funds designated for the Project up to the contingency amount of $150,000; and
WHEREAS, on July 15, 2021, the City Manager executed a construction agreement with American Asphalt Repair and Resurfacing Co., Inc. in the amount of $1,026,323; and WHEREAS, additional resurfacing has been identified at the Fallon Sports Park upper terrace parking lot to be completed as a part of the Project; and WHEREAS, sufficient budget is available in the Fallon Sports Park, Phase 3 project (CIP No. PK0119) to complete the additional scope of work, estimated at $100,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby incorporates into the contract with American Asphalt Repair and Resurfacing Co., Inc. the additional work to resurface and restripe the upper terrace parking lot at Fallon Sports Park.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve contract change orders with American Asphalt Repair and Resurfacing Co., Inc. up to the revised contingency amount of $250,000 and increase the not-to-exceed construction contract total to $1,276,323. {Signatures on the following page}
517
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 07/19/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
518
Reso. No. 79-21, Item 4.8, Adopted 06/15/2021 Page 1 of 2 RESOLUTION NO. 79 - 21

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE PLANS AND SPECIFICATIONS AND DELEGATING AUTHORITY TO THE

CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT FOR ANNUAL STREET RESURFACING PROJECT (2021 SLURRY SEAL), CIP NO. ST0117

WHEREAS, the design team has completed the plans and specifications for the Annual Street Resurfacing Project (2021 Slurry Seal), CIP No. ST0117 (“Project”) which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and

WHEREAS, the City Council will be in recess from June 15, 2021 through July 20, 2021; and

WHEREAS, Staff is aware of specific actions that will be needed for the Project during the City Council recess; and

WHEREAS, the City Council will be exercising authority pursuant to Section 2.04.190 of the Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin Municipal Code to the City Manager, provided the bids come in within the budget pre -approved by the City Council and that all other competitive bidding procedures are satisfied.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the plans and specifications for the Project.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to consider, approve, award, an d execute the contract and other associated administrative matters needed for the Project within existing budgetary appropriations during the City Council’s scheduled recess.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of $150,000.

BE IT FURTHER RESOLVED that the City Manager shall report to the City Council regarding the actions taken under this resolution at the July 20, 2021 City Council meeting.

PASSED, APPROVED AND ADOPTED this 15th day of June 2021, by the following vote:

AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez

NOES:

ABSENT:

ABSTAIN:
519
Reso. No. 79-21, Item 4.8, Adopted 06/15/2021 Page 2 of 2

______________________________
Mayor
ATTEST:

_____________________________
City Clerk

520
Number ST0117 Program STREETS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALS
9100 $83,320 $73,195 $35,360 $35,360 $35,360 $35,360 $35,360 $333,315 9200 $1,178,945 $650,400 $340,000 $340,000 $340,000 $360,000 $360,000 $3,569,345 9400 $6,774,286 $2,028,561 $2,017,401 $1,917,401 $1,917,401 $2,170,601 $2,170,601 $18,996,252 9500 $3,366 $38,706 $7,120 $7,120 $7,120 $8,000 $8,000 $79,432 $8,039,917 $2,790,862 $2,399,881 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,344 PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALS
1001 $400,043 $67,957 $468,000
2201 $3,068,518 $1,094,584 $525,920 $600,920 $725,920 $800,000 $800,000 $7,615,862 2204 $984,999 $500,000 $300,000 $1,784,999
2205 $300,000 $300,000
2214 $1,702,000 $104,020 $450,000 $575,000 $450,000 $650,000 $650,000 $4,581,020 General Fund

ANNUAL STREET RESURFACING

ESTIMATED COSTS
Measure B Sales Tax - Local Streets
Fund (ACTC)
Salaries & Benefits

FUNDING SOURCE
Contract Services
Improvements
Miscellaneous
TOTAL
State Gas Tax
2022-2027 CAPITAL IMPROVEMENT PROGRAM
Measure BB Sales Tax - Local
Streets Fund (ACTC)
Measure B Sales Tax - Bike &
Pedestrian Fund (ACTC)

PROJECT DESCRIPTION
This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of new or upgrades of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 147 centerline miles of streets.

The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 V ery Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a rolling three-year average PCI of 81.

This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program protects the substantial investment the City has in the public street system.

ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
Attachment 3
521
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALSFUNDING SOURCE
2215 $304,500 $304,500
2216 $82,500 $82,500
2220 $1,041,717 $973,961 $1,123,961 $1,123,961 $1,123,961 $1,123,961 $1,123,961 $7,635,483 2304 $155,640 $4,360 $160,000
4309 $45,980 $45,980
$8,039,917 $2,790,862 $2,399,881 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,344

ANNUAL OPERATING IMPACT
TOTAL
Road Maint. & Rehab. Account
(RMRA)
Mitigation Contributions
Measure BB Sales Tax - Bike &
Pedestrian Fund (ACTC)
Measure B Grants
Local Recycling Programs
522
Number PK0119 Program PARKS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALS
9100 $110,492 $59,526 $170,018
9200 $530,378 $1,463,734 $1,994,112
9400 $1,414,615 $6,819,155 $8,233,770
9500 $23,774 $176,326 $200,100
$2,079,260 $8,518,740 $10,598,000
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALS
4100 $2,079,260 $8,518,740 $10,598,000
$2,079,260 $8,518,740 $10,598,000
ANNUAL OPERATING IMPACT $195,000 $260,000 $260,000 $260,000 $260,000 2022-2027 CAPITAL IMPROVEMENT PROGRAM
FALLON SPORTS PARK - PHASE 3

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
Miscellaneous
TOTAL
Public Facility Fees
Salaries & Benefits
Contract Services
Improvements

PROJECT DESCRIPTION
Fallon Sports Park is a 60-acre community park bordered by Fallon Road, Central Parkway, Lockhart Street and Gleason Drive. Phases 1 and 2 of the park have been completed and Phase 3 represents the final phase of park development.

The Phase 3 project provides for the design and construction of the remaining 14 acres of Fallon Sports Park, referred to as the Upper Terrace. On December 17, 2019, City Council approved the concept design that includes a cricket field, two ballfields, sand volleyball courts and multi-sport batting cages. Construction is underway and is projected to be substantially complete in summer 2022 with a park opening in fall 2022.

ANNUAL OPERATING IMPACT: $260,000
MANAGING DEPARTMENT: Public Works
Attachment 4
523

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 4.14
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendment to Agreement with Wesco Graphics, Inc.

Prepared by: Shari Jackman, Communications Manager
EXECUTIVE SUMMARY:

The City Council will consider approving an amendment to the agreement with Wesco Graphics, Inc. to increase the compensation for printing and distribution services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Amendment to the Agreement Between the City of Dublin and Wesco Graphics, Inc.

FINANCIAL IMPACT:

The amendment to the agreement would increase the not-to-exceed compensation by $16,652.78, from $99,184.58 to $115,837.36. There is sufficient funding in the General Fund operating budget to cover the increase.

DESCRIPTION:

On July 20, 2021, the City Council approved a two-year agreement with Wesco Graphics, Inc., for the printing and distribution of the City’s newsletters and Activity Guides (Resolution 89-21).

These brochures are mailed to each residence in the City of Dublin and are available at each City facility.

Recent global increases in the cost of paper necessitate an increase in the not-to-exceed amount provided in the agreement from $99,184.58 to $115,837.36 for Wesco’s services. 524

Page 2 of 2 ends

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 Wesco Graphics, Inc.
2) Exhibit A to the Resolution – First Amendment to Contracting Services Agreement Between the City of Dublin and Wesco Graphics
3) Contractor Services Agreement Between City of Dublin and Wesco Graphics 525
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 AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND WESCO GRAPHICS, INC.

WHEREAS, on July 20, 2021, the City of Dublin and Wesco Graphics entered into a Contracting Services Agreement for printing services; and WHEREAS, the existing agreement will expire on June 30, 2023; and WHEREAS, the existing agreement has a not-to-exceed amount of $99,184.58, and due to an increase in the cost of paper, the contract requires additional funds; and WHEREAS, the City and Wesco Graphics now wish to modify Section 2 of the Agreement to increase the not-to-exceed amount to $115,837.36; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of supplies, equipment, and services with a cost greater than or equal to $45,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with Wesco Graphics, Inc., attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
526

FIRST AMENDMENT TO CONTRACTING SERVICES AGREEMENT

BETWEEN THE CITY OF DUBLIN AND

WESCO GRAPHICS
WHEREAS, on July 20, 2021, the City of Dublin (hereinafter referred to as "CITY") and Wesco Graphics (hereinafter referred to as "CONTRACTOR") entered into a Contracting Services Agreement for printing services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT is scheduled to expire June 30, 2023; and
WHEREAS, the existing agreement has a not to exceed amount of $99, 184.58, however, due to an increase in the cost of paper, the contract requires additional funds; and WHEREAS, the CITY and Wesco Graphics now wish to amend the Agreement to modify Section 2 of the Agreement to increase the not-to exceed amount to $115,837.36, and Exhibit B with the updated quote for paper costs.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2.0 shall be rescinded in its entirety and replaced with the following:

Section 2.0 COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $115,837.36, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and

Page 1 of 4 ends

Attachment 2
527
subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Paragraph 10.10 Exhibit B shall be rescinded in its entirety and replaced with the attached and incorporated herein.
3) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE

Page 2 of 4 ends

528
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager's signature below.

CITY OF DUBLIN
By:-------------
Linda Smith, City Manager
Dated: -------
ATTEST:

By:

Marsha Moore, City Clerk
APPROVED AS TO FORM:

By:----------­
City Attorney

WESCO GRAPHICS
By [�'•;;,I ---c ... --------
Betty Estes, Vice President

Page 3 of 4 ends

529

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Please see attached quote.

Page 4 of 4 ends

530
Exhibit B

WESCO GRAPHICS, INC.
410 East Grant Line Rd #B. Tracy, CA 95376
Phone 209-832-1000 Fax 209-832-7800
RFQ #3227
9 June 2022

Printing Quotation
For
City of Dublin

Quantity: See Below

Pages: See Below

Finished Size: 8.25” x 10.75”

Paper Stock: Cover - 80# Satin
Inside – 40# Estar 84 Brite
Annual Report -All Gloss

Color: All 4 Color

Copy Preparation: Postscript PDF files in CMYK color mode FTP to Wesco Graphics

Inserting: $12 per thousand

Mailing: EDDM carrier route presort

Delivery: Included to Post Office and Office

Cost to Print:

Fall Winter Guide 84 Pages - 24,000 copies $10,693.39 Spring Guide 76 Pages – 24,000 copies $10,033.05
Summer Camps 60 Pages – 24,000 copies $ 8,492.37
Summer Guide 92 Pages – 24,000 copies $11,353.73
Annual Report 12 Pages – 23,900 copies $ 7,536.80
City Report 20 Pages – 23,900 copies $11,936.80
DPS Annual Report 20 Pages – 1,000 copies $ 2,912.00

531
Attachment 3
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550

STAFF REPORT

CITY COUNCIL

Page 1 of 5 ends

Agenda Item 6.1
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Zoning Ordinance Amendments for Outdoor Seating and Master Fee Schedule Amendments (PLPA-2022-00020)
Prepared by: Gaspare Annibale, Associate Planner
EXECUTIVE SUMMARY:

The City Council will consider City-initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis to aid in the economic recovery from the COVID-19 pandemic. The City Council will also consider adopting changes to the Master Fee Schedule pertaining to the application fees for Temporary Use Permits for temporary outdoor seating and Site Development Review Waivers for permanent outdoor seating. Additionally, the City Council will consider an exemption from the requirements of the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, and: 1) waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section

8.108.020 (Uses Permitted with a Temporary Use Permit); and 2) adopt the Resolution Amending the Master Fee Schedule by Extending the Application Fee for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review Waiver – Permanent Outdoor Seating Until September 30, 2023.

FINANCIAL IMPACT:

On April 20, 2021, the City Council approved the American Rescue Plans Act (ARPA) Budget and established a fund to track related expenditures. The approved budget includes grant funds for eating and drinking establishments to cover the costs of time and materials associated with processing Temporary Use Permit applications for outdoor seating and Site Development Review Waivers for permanent outdoor seating. The City Council will consider amending the Master Fee Schedule to extend the current application fees for Temporary Use Permit – Temporary Outdoor 551

Page 2 of 5 ends

Seating and Site Development Review Waiver – Permanent Outdoor Seating until September 30, 2023. The application fees will continue to be based on time and materials to ensure the City recovers the actual costs associated with reviewing these applications utilizing ARPA funding.

These fees will be valid until the City’s ARPA budget allocation is exhausted, or until September 30, 2023, whichever occurs first. Upon the ARPA budget allocation exhaustion, the TUP and SDR Waiver application fees would revert to the existing flat fee at that time.

DESCRIPTION:

Background
On June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow transmission of the Novel Coronavirus (COVID-19). Subsequently, the City established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land uses that facilitate business operations, but deviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use.

Ordinance No. 08-20 and the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021.

In April 2021, Staff held a roundtable meeting with restaurant owners to understand ways the City could assist with their recovery from the COVID-19 environment. Based upon the success of the COVID-19 Relief TUP program and concerns about business operations and consumer preferences related to COVID-19, the restaurant owners expressed an overwhelming desire for the City to continue to facilitate outdoor seating on both a long-term temporary and permanent basis through relaxed regulations.

On August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), Section 8.104.030 (Site Development Review Waiver), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit) to permit outdoor seating on a long-term temporary basis and on a permanent basis. The regulations for permitting outdoor seating on a long-term temporary basis are set to expire on September 30, 2022.

The City Council also adopted a companion Resolution (No. 93-21) amending the Master Fee Schedule by establishing two new application fees, based on time and materials, for Temporary Use Permit – Outdoor Seating and Site Development Review Waiver – Outdoor Seating, which are valid until the City’s applicable American Rescue Plan Act (ARPA) budget allocation is exhausted, or until September 30, 2022, whichever occurs first.

Since the establishment of the COVID-19 Relief TUP program, the City has approved 47 TUP applications for eating and drinking establishments on a long-term temporary basis.

During the spring of 2022, Staff performed additional outreach to the restaurant owners, including conducting a business survey, walking tour, and another roundtable meeting with the restaurant 552

Page 3 of 5 ends

owners to understand their evolving needs. The restaurant owners continue to express overwhelming support for the City to facilitate the provision of outdoor dining on a long-term temporary basis. Some smaller users expressed concern about the size of the outdoor seating area allowed by the current regulations and requested that the City allow a certain minimum size for such areas.

Proposed Project
To address the needs of the business community, the City has initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis to aid in economic recovery from the COVID-19 pandemic.

Amendments are proposed to DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit). The proposed project also includes amending the Master Fee Schedule to extend the application fees for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review (SDR) Waiver – Permanent Outdoor Seating, based on time and materials.

Analysis
Zoning Ordinance Amendments
The proposed Zoning Ordinance Amendments would extend the current regulations and continue to permit outdoor seating on a long-term temporary basis with the approval of a Temporary Use Permit, until September 30, 2023. This would also extend the expiration date for all existing approved Temporary Use Permits for temporary outdoor seating until September 30, 2023.

The existing regulations allow temporary outdoor seating to occupy up to 20% of the required parking for an eating and drinking establishment or an equivalent area without having to provide parking for the temporary outdoor seating. To provide greater flexibility to eating and drinking establishments, the proposed Zoning Ordinance Amendments include a minor modification to allow temporary outdoor seating to occupy 20% of the required parking or a minimum two parking spaces, whichever is greater. The remainder of the existing regulations for outdoor seating would remain unchanged.

The proposed amendments would continue to facilitate temporary outdoor seating for eating and drinking establishments to aid in economic recovery as the COVID-19 pandemic continues to evolve, and concerns about business operations and consumer preferences persist. The draft Ordinance is included as Attachment 1.

Fee Amendments
The California Constitution authorizes local governments to recover the reasonable costs of providing services. Temporary outdoor seating requires approval of a Temporary Use Permit (TUP) and permanent outdoor seating requires approval of a Site Development Review Waiver (SDRW). The current TUP application fee is $286 and the current SDRW application fee is $401.

However, those fees do not recover the full cost to process an application and instead require a General Fund subsidy.

The actual cost of Staff from Planning, Building, Public Works, and Fire Prevention to review a TUP 553

Page 4 of 5 ends

for outdoor seating is estimated to be approximately $1,631 and the cost to review an SDRW for permanent outdoor seating is estimated to range from $2,929 to $4,529. These costs are eligible for reimbursement through the American Rescue Plans Act (ARPA) Budget. In April 2021, the City established an ARPA funded grant program to pay these application fees on behalf of eating and drinking establishment owners. Staff recommends extending the existing application fees that are due to expire on September 30, 2022, to recover the City’s full cost. The proposed fees would be valid until the City’s ARPA budget allocation is exhausted, or until September 30, 2023, whichever occurs first. Upon the ARPA budget allocation exhaustion, the TUP and SDR Waiver application fees would revert to the existing flat fee at that time. The draft Resolution, amending the Master Fee Schedule for outdoor seating is included as Attachment 2.

Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed Zoning Ordinance Amendments are consistent with the General Plan and any applicable specific plan in that the amendments are necessary to facilitate outdoor seating for eating and drinking establishments to facilitate business operations and aid in economic recovery post-COVID-19. Specifically, General Plan Goal 11.6.1 call for the City to maintain small-business- friendly development services and Implementation Measure 11.6.1.B.3 to “implement permit/inspection process refinements: improve City procedures, as appropriate.” ENVIRONMENTAL DETERMINATION:

The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council will consider finding the proposed Zoning Ordinance Amendments exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. The City Council will also consider finding the proposed Master Fee Schedule Amendments exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15378(b)(4) because revising fees is not a project and, therefore, is exempt from the requirements of CEQA.

PLANNING COMMISSION REVIEW:

On June 28, 2022, the Planning Commission held a public hearing to consider the proposed Zoning Ordinance Amendments and unanimously adopted Resolution No. 22-10 (Attachment 3), recommending the City Council adopt amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

In accordance with State law, a public notice was published in the East Bay Times on July 9, 2022, 554

Page 5 of 5 ends

and July 14, 2022, and posted at several locations throughout the City. The City Council Agenda was posted.

ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Municipal Code Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit) 2) Resolution Amending the Master Fee Schedule by Extending the Application Fee for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review Waiver – Permanent Outdoor Seating Until September 30, 2023
3) Planning Commission Resolution No. 22-10
555
Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 5 ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.12.050 (PERMITTED AND CONDITIONALLY PERMITTED LAND USES), SECTION 8.76.080 (PARKING REQUIREMENTS BY USE TYPE), AND SECTION 8.108.020 (USES

PERMITTED WITH A TEMPORARY USE PERMIT)

EFFECTIVE CITY-WIDE
PLPA-2021-00024
The Dublin City Council does ordain as follows:

SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community.

B. On June 16, 2020, the City Council adopted Ordinance No. 08-20, approving an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow transmission of the Novel Coronavirus (COVID-19).

C. Subsequently, the City established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land uses that facilitate business operations, but deviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use.

D. The waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021.

E. In April 2021, Staff held a roundtable meeting with restaurant owners to understand ways the City could assist with their recovery in a post COVID-19 environment. Based upon the success of the COVID-19 Relief TUP program and concerns about business operations and consumer preferences post COVID-19, the restaurant owners expressed an overwhelming desire for the City to continue to facilitate outdoor dining on both a long- term temporary and permanent basis through relaxed regulations.

F. On August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), Section 8.104.030 (Site 556
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 5 Development Review Waiver), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit) to permit outdoor seating on a long-term temporary and permanent basis.

G. During the spring of 2022, Staff performed additional outreach to restaurant owners, including a business survey, walking tour and another roundtable meeting to understand their evolving needs and how the City could assist them. The restaurant owners continue to express overwhelming support for the City to facilitate the ability to provide outdoor dining on a long-term temporary basis.

H. The provision of Ordinance No. 07-21 permitting outdoor seating on a long-term temporary basis will expire on September 30, 2022.

I. The COVID-19 pandemic continues to evolve along with efforts to slow the spread of the virus, and concerns about business operations and consumer preferences persist.

J. The City has initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating on a long-term temporary basis.

K. The proposed Zoning Ordinance Amendments include modifications to DMC Section

8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit).

L. The Planning Commission held a duly noticed public hearing on June 28, 2022, during which all interested persons were heard, and adopted Resolution No. 22-10 recommending City Council adoption of the proposed Zoning Ordinance Amendments.

M. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments.

N. The City Council held a public hearing on the proposed Zoning Ordinance Amendments on July 19, 2022, at which time all interested parties had the opportunity to be heard.

O. Proper notice of said hearing was given in all respects as required by law.

P. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project.

SECTION 2. FINDINGS
A. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and any applicable Specific Plan in that the amendments are necessary to facilitate temporary outdoor seating for eating and drinking establishments to aid in economic recovery post- COVID-19. Specifically, General Plan Goal 11.6.1 calls for the City to maintain small- business-friendly development services and Implementation Measure 11.6.1.B.3 to “implement permit/inspection process refinements: improve City procedures, as appropriate.”
557
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 5 SECTION 3.

A. The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review.

SECTION 4.

A. The Dublin Municipal Code is amended as follows:

Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is amended to add the following row to the table of Commercial Use Types:

COMMERCIAL USE TYPES

COMMERCIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Outdoor Seating –
Temporary
- - - - TUP TUP TUP TUP TUP TUP -
Subsection D of Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is amended to add the following in alphabetical order

COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Outdoor Seating – Temporary None
Section 8.108.020 (Uses Permitted with a Temporary Use Permit) of Title 8 of the Dublin Municipal Code is amended by adding provisions for “Outdoor Seating – Temporary” and the remainder of this subsection shall be re-lettered:

N. Outdoor Seating - Temporary. Outdoor Seating - Temporary may be permitted, subject to the following conditions:

1. Temporary outdoor seating is permitted until September 30, 2023. The expiration date of all existing approved Temporary Use Permits for temporary outdoor seating are extended to September 30, 2023.
558
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 5

2. Temporary outdoor seating may occupy up to 20 percent of the required parking for that Eating and Drinking Establishment or two parking spaces, whichever is greater.

3. Temporary outdoor seating that is not located in a parking space(s) is limited to a maximum area equivalent to the area of 20 percent of the required parking for that Eating and Drinking Establishment or the area of two parking spaces, whichever is greater.

4. No additional parking is required for the temporary outdoor seating.

5. Tents, canopies, and shade structures.
a. Tents, canopies, and shade structures are subject to review and approval by the Planning Division, Building Division, and Fire Prevention. b. No advertising, logos, banners, or balloons are permitted on any tents, canopies, or shade structures, except with approval of a Temporary Sign.
c. If a business utilizes more than one tent, canopy, or shade structure, they should be of uniform color and design.

SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption and shall remain in effect until September 30, 2023.

SECTION 6. Severability. The provision 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 circumstance, 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 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. {Signatures on the following page}
559
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 5 PASSED, APPROVED AND ADOPTEDthis __ day of ____, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:
_________________________________
City Clerk
560
Attachment 2
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

AMENDING THE MASTER FEE SCHEDULE BY EXTENDING THE APPLICATION FEE FOR TEMPORARY USE PERMIT – TEMPORARY OUTDOOR SEATING AND SITE DEVELOPMENT REVIEW WAIVER – PERMANENT OUTDOOR SEATING UNTIL SEPTEMBER 30, 2023

EFFECTIVE CITY-WIDE
PLPA-2022-00021
WHEREAS, the California Constitution authorizes local governments to recover the reasonable costs of providing services; and
WHEREAS, the City processes various permits, applications, and licenses; and WHEREAS, on June 21, 2022, the Dublin City Council adopted Resolution No. 83-22, adopting an annual update to the Master Fee Schedule for services provided to the City, effective July 1, 2022; and
WHEREAS, the Master Fee Schedule includes application fees for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review Permit – Permanent Outdoor Seating based on time and materials. These fees are valid until the City’s American Rescue Plan Act budget allocation is exhausted or until September 30, 2022, whichever occurs first; and WHEREAS, on July 19, 2022, the City Council considered City-initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis to aid in economic recovery from COVID-19 through September 30, 2023; and
WHEREAS, the City Council desires to extend the application fee for processing Temporary Use Permits for long-term temporary outdoor seating and Site Development Review Waivers for permanent outdoor seating; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15378(b)(4), revising fees is not a project and, therefore, is exempt from the requirements of CEQA.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED that the City of Dublin City Council adopts the amendments to the Master Fee Schedule as follows:
# Item / Service Description / Unit Fee
564 Temporary Use Permit –
Temporary Outdoor Seating
Per application. This fee shall be
valid until the City’s applicable
American Rescue Plan Act budget
T&M
561
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 allocation is exhausted, or until
September 30, 2023, whichever
occurs first. Upon expiration, this fee
shall be superseded by Fee #562
(Temporary Use Permit - Minor).
597 Site Development Review
Waiver – Permanent Outdoor
Seating
Per application. This fee shall be
valid until the City’s applicable
American Rescue Plan Act budget
allocation is exhausted, or until
September 30, 2023, whichever
occurs first. Upon expiration, this fee
shall be superseded by Fee #593
(Site Development Review Waiver).

T&M
PASSED, APPROVED AND ADOPTED this 19th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
ATTEST:

City Clerk
562
Reso. No. 22-10, Item 6.1, Adopted 06/28/22 Page 1 of 2 RESOLUTION NO. 22-10

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF DUBLIN

RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.12.050 (PERMITTED AND CONDITIONALLY PERMITTED LAND USES), SECTION 8.76.080 (PARKING REQUIREMENTS BY USE TYPE), AND SECTION 8.108.020 (USES PERMITTED WITH A TEMPORARY USE PERMIT)

EFFECTIVE CITY-WIDE
PLPA-2021-00024

WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and

WHEREAS, on June 16, 2020, the City Council adopted Ordinance No. 08-20, approving an amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by public health orders of the federal, state, or county government designed to slow transmission of the Novel Coronavirus (COVID-19); and

WHEREAS, subsequently, the City established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land uses that facilitate business operations, but d eviate from certain development standards, provided they are temporary in nature and do not increase the intensity of the use; and

WHEREAS, the waiver of certain Zoning Ordinance requirements remain ed in effect for one year from adoption and expired on June 16, 2021; and

WHEREAS, in April 2021, Staff held a roundtable meeting with restaurant owners to understand ways the City could assist with their recovery in a post COVID-19 environment. Based upon the success of the COVID-19 Relief TUP program and concerns about business operations and consumer preferences post COVID -19, the restaurant owners expressed an overwhelming desire for the City to continue to facilitate outdoor seating on both a long -term temporary and permanent basis through relaxed regulations; and

WHEREAS, on August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), Section 8.104.030 (Site Development Review Waiver), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit) to permit outdoor seating on a long-term temporary and permanent basis; and

WHEREAS, the provision of Ordinance No. 07 -21 permitting outdoor seating on a long - term temporary basis will expire on September 30, 2022; and

WHEREAS, during the spring of 2022, Staff performed additional outreach to restaurant owners, including a business survey, walking tour and another roundtable meeting to understand their evolving needs and how the City could assist them . The restaurant owners continue to 563
Reso. No. 22-10, Item 6.1, Adopted 06/28/22 Page 2 of 2 express overwhelming support for the City to facilitate the ability to provide outdoor dining on a long-term temporary basis; and

WHEREAS, the COVID-19 pandemic continues to evolve along with efforts to slow the spread of the virus, and concerns about business operations and consumer preferences persist; and

WHEREAS, the City has initiated amend ments to the Zoning Ordinance to continue to facilitate outdoor seating on a long-term temporary basis; and

WHEREAS, the proposed Zoning Ordinance Amendments include modifications to DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit); and

WHEREAS, the Planning Commission held a duly noticed public hearing on June 28, 2022, during which all interested persons were heard; and

WHEREAS, a Staff Report was submitted to the Dublin Planning Commission recommending approval of the proposed Zoning Ordinance Amendments; and

WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference.

PASSED, APPROVED AND ADOPTED this 28th day of June, 2022 by the following vote:

AYES: Dawn Benson, Catheryn Grier, Renata Tyler, Kashef Qaadri, Stephen Wright

NOES:

ABSENT:

ABSTAIN:

Planning Commission Chair

ATTEST:

Assistant Community Development Director
564
Zoning Ordinance Amendments
for Outdoor Seating and Master
Fee Schedule Amendments
City Council
July 19, 2022
Item 6.1
565
Background
• June 16, 2020 – City Council adopted Ordinance No. 08- 20 authorizing City Manager to waive certain Zoning
requirements to facilitate business operations during the pandemic
– City established COVID-19 Relief Temporary Use Permit application (expired June 16, 2021)
• August 17, 2021 – City Council adopted Ordinance No.
07-21 approving amendments for outdoor seating on
long-term temporary and permanent basis
– Regulations for long-term temporary outdoor seating
permitted until September 30, 2022
566
Long-T erm T emporary TUPs
• Since June 2020, 47 TUPs have been approved
to allow long-term outdoor seating for eating
and drinking establishments
567
Restaurant Roundtable
• Spring 2022 – Outreach/roundtable, business
survey and walking tour
– Continued support for long-term temporary outdoor
seating and requested City allow a minimum size for
outdoor seating in parking areas
568
Proposed Project
• Amendments to Zoning Ordinance to continue
to facilitate outdoor seating for eating and
drinking establishments on a long-term
temporary basis
• New and existing temporary outdoor seating
permitted until September 30, 2023
• Continue to allow temporary outdoor seating to
occupy 20 percent of the required parking or a
minimum two parking spaces, whichever is greater
569
Proposed Fee Amendment
• Current Application Fees:
– Temporary Use Permit for Temporary Outdoor
Seating and Site Development Review Waiver for
Permanent Outdoor Seating: T+M
– Set to expire September 30, 2022
• Proposed Fee Amendment would extend
current T+M fees until City’s ARPA budget
allocation is exhausted or September 30, 2023,
whichever occurs first
570
Planning Commission Review
• On June 28, 2022, the Planning Commission
considered the proposed Zoning Ordinance
Amendments and recommended approval to the
City Council
571
Recommendation
• Waive the reading and introduce the
Ordinance approving amendments to Dublin
Municipal Code
• Adopt the Resolution amending the Master
Fee Schedule by extending the application fee
for Temporary Use Permit – Temporary
Outdoor Seating and Site Development Review
Waiver – Permanent Outdoor Seating until
September 30, 2023
572
573

STAFF REPORT

CITY COUNCIL

Page 1 of 5 ends

Agenda Item 6.2
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Dublin Districts— Public Hearing 4: Draft Final District Map Review and Community Feedback Opportunity
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:

The City Council will hold a Public Hearing to give the community an opportunity to provide feedback regarding the boundaries and composition of the Draft Final Maps. The City Council will review and/or revise Draft Final Maps, select a Final Map, and determine election sequencing. At the February 15, 2022 meeting, the City Council adopted a Resolution Declaring its Intention to Transition From an At-Large Election System to a District-Based Election System. Under California Elections Code, the City must hold a series of Public Hearings to allow the community to provide input on the composition of districts and Communities of Interest as well as the potential district boundaries, draft maps, and sequence of elections. Maps considered at this meeting must have been published at least seven days before the Public Hearing. Representatives from National Demographics Corporation will provide a brief presentation prior to the Public Hearing to review the draft maps and legal criteria for district maps.

STAFF RECOMMENDATION:

Receive the presentation, conduct the Public Hearing to receive input, review and/or revise Draft Final Maps, and select a Final Map and determine election sequencing.

FINANCIAL IMPACT:

There is no financial impact associated with the presentation of this information. Costs borne by the City for consultants working on this project were provided in previous Staff Reports to the City Council.
574

Page 2 of 5 ends

DESCRIPTION:

Background
On February 15, 2022, the City Council adopted Resolution 17-22 Declaring its Intention to Transition from an At-Large Election System to a District-Based Election System in conformance with the California Voting Rights Act of 2001 (CVRA). The Resolution declares the City’s intent to consider adoption of an ordinance establishing district-based elections beginning with the November 2024 regular municipal election.

Under Elections Code Section 10010, a city is required to hold at least five Public Hearings during the transition process. The first two Public Hearings gave the community an opportunity to provide input on the composition of the districts before any maps are drawn. Subsequently, draft district maps will be drawn by the City’s demographer, and two additional Public Hearings will be held for the public to provide input regarding draft maps, sequence of elections, Communities of Interest, and potential district boundaries, and to provide direction on draft maps options and refinements. The maps must be published at least seven days before the Public Hearing to be considered by the City Council. This is the fourth Public Hearing. The fifth, and final, Public Hearing will be for the City Council to consider an ordinance that establishes the district-based elections and approves the maps.

District Drawing Factors
The public is requested to provide input regarding Communities of Interest and other local factors that should be considered while drafting district maps. A Community of Interest is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics. Examples of these include, but are not limited to:
- Natural dividing lines such as major roads, hills, or highways. - Areas around parks and other neighborhood landmarks/amenities. - School attendance areas.
- Common issues, neighborhood activities, or legislative/election concerns; and - Shared demographic characteristics, such as:
o Similar levels of income, education, or linguistic insolation. o Languages spoken at home.
o Single-family and multi-family housing unit areas.

The district boundary maps must meet certain criteria. In particular, the districts must be roughly equal in population, excluding persons incarcerated in federal prisons. However, persons incarcerated at Santa Rita Jail are included in the population count for the districts (Elec. Code, § 21601, subd. (a)).

The districts are further subject to the following criteria in order of priority:
- Geographical contiguity.
- Minimize the division of any local neighborhood or local community of interest. - Easily identified and understood by residents.
- Geographical compactness. (Elec. Code, § 21601, subd. (c).) 575

Page 3 of 5 ends

Community Outreach
In April, the City of Dublin launched an extensive and robust outreach process to ensure that the Dublin community is engaged and empowered to participate in the districting process. Staff began by creating dedicated districting web pages on the City website and expanded to a multi-media outreach approach.

As a part of Dublin’s districting outreach process, the City posted weekly social media posts to Facebook, Instagram, Twitter, and Nextdoor to inform and encourage the public to participate.

The City collected reach and impressions for all platforms to gauge the unique number of people reached and the number of times a social media post appeared on someone's platform between April 8 through July 1. These two metrics help portray the breadth of the number of people that were informed about the districting process through social media.

Throughout the posting period, Facebook reached over 2,900 people, Instagram reached over 5,800 people and Twitter had over 9,200 impressions. The City also posted weekly to Nextdoor and included posts in recurring “Backyard Briefs” and had over 11,000 impressions.

In addition to gaining organic views on Facebook, the City launched two paid Facebook advertisements to ensure that the public knew about the districting process and was aware of draft map deadlines specifically on Facebook. The City’s Facebook advertisements promoted the animated districting video, and the draft maps deadline, targeting residents 18 and older that lived within City limits. The two Facebook advertisements successfully reached over 11,500 people.

Additional outreach included a Citywide Community Workshop postcard to all Dublin postal customers, several press releases, emails to website districting subscribers, calls and emails to civic and community business organizations, and process flyers posted to the website and distributed at the Dublin Farmer’s Market. Staff were present at each Farmer’s Market for the months of May and June and spoke to an estimated 30-40 people each day or 240-280 people in total.

The City hosted two Community Workshops for the public, which had a total attendance of 53.

Information on the workshops were provided in previous Staff Reports to the City Council.

District Map Selection Process
Attachment 1 includes draft final maps for the City Council’s consideration. These maps include both those drafted by members of the community as well as National Demographics Corporation.

Next Steps
Staff is requesting the City Council do the following:

1. Receive the presentation.

2. Conduct the Public Hearing to receive input.

3. Review and/or revise Draft Final Maps.

4. Select a Final Map and determine election sequencing. 576

Page 4 of 5 ends

This information will be used to draft the Ordinance and Resolution to facilitate the transition to District Based Elections, which will be introduced and considered by the City Council at the August 16, 2022 meeting. If necessary, the City Council may use this fifth Public Hearing to select or make minor/technical adjustments to a final map.

All information relating to the transition to district-based elections can be found at www.dublin.ca.gov/dublindistricts. Anyone with questions or comments on this process can email the City at [email protected] or call the District Formation Call Line at 925-574-4875.

The tentative schedule for future hearing dates and workshops regarding the City’s potential transition from at-large to district-based elections is as follows:

Table 1: Tentative Schedule
Date Meeting Topics
Thursday
April 28, 2022
6:00 p.m.

Virtual Workshop 1 Overview of Process, Parameters, Mapping Tools; Community Feedback.
(Done)
Wednesday
May 4, 2022
6:00 p.m.

In-Person Workshop 2 Overview of Process, Parameters, Mapping Tools; Community Feedback.
(Done)
Tuesday
May 17, 2022
7:00 p.m.

Public Hearing 2 Map Drawing Criteria, Communities of
Interest; Mapping Tools; Community
Feedback.
(Done)
Tuesday
June 21, 2022
7:00 p.m.

Public Hearing 3 NDC and Community Draft Maps;
Community Feedback.

Wednesday
July 6, 2022
**Deadline to Submit Community Draft Maps for Public Hearing 4** Tuesday
July 19, 2022
7:00 p.m.

Public Hearing 4 NDC and Community Revised Maps; City
Council Selects Finalist(s); Sequencing of
District Elections.

Tuesday
August 16, 2022
7:00 p.m.

Public Hearing 5 City Council Final Map Selection;
Introduction of Ordinance.

Tuesday
September 6, 2022
City Council Consent
Calendar
Second Reading of Ordinance.
577

Page 5 of 5 ends

7:00 p.m.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City published a Public Hearing Notice in the East Bay Times and posted on www.dublin.ca.gov/dublindistricts on July 13, 2022. Individuals subscribed to the Dublin Districts notification list were emailed regarding this meeting. The City Council Agenda was posted.

ATTACHMENTS:
1) Draft Final Maps
2) Public Comment and Correspondence
578
Dublin 2022 Districting
Proposed Election Sequence:
2024: Districts 1 (McCorriston) and 3 (Hu)
2026: Districts 2 Qosey & Kumagai) and 4 (vacant)
Alternative Election Sequence:
2024: Districts 1 (McCorriston) and 4 (vacant)
2026: Districts 2 Qosey & Kumagai) and 3 (Hu)
D Pink Map
-- River/Creek
Streets
Pink Map
©2021 CALIPER

6.43% Total Deviation
Attachment 1
579
NDC Pink
District 1
Total Pop 17,562
Deviation from ideal -305
% Deviation -1.71%
% Hisp 10.8%
% NH White 31%
% NH Black 6%
% Asian-American 50%
Total 13,640
% Hisp 10%
% NH White 33%
% NH Black 5%
% Asian/Pac.Isl. 48%
Total 8,562
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 20%
% Filipino-Surnamed 2%
% NH White est. 60%
% NH Black 6%
Total 7,244
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 20%
% Filipino-Surnamed 2%
% NH White est. 60%
% NH Black 6%
Total 4,604
% Latino est. 10%
% Spanish-Surnamed 9%
% Asian-Surnamed 16%
% Filipino-Surnamed 2%
% NH White est. 66%
% NH Black est. 5%
ACS Pop. Est. Total 14,204
age0-19 25%
age20-60 60%
age60plus 16%
immigrants 33%
naturalized 53%
english 60%
spanish 5%
asian-lang 20%
other lang 14%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 24%
bachelor 40%
graduatedegree 25%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 72%
income 0-25k 7%
income 25-50k 9%
income 50-75k 7%
income 75-200k 48%
income 200k-plus 28%
single family 65%
multi-family 35%
rented 40%
owned 60%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,362
495

2.77%
21%
40%
4%
29%
14,491
21%
42%
5%
27%
9,926
15%
14%
13%
3%
66%
3%
8,364
14%
13%
12%
3%
67%
3%
5,826
13%
13%
8%
2%
72%
3%
16,038
25%
57%
18%
31%
50%
65%
7%
18%
10%
11%
31%
35%
20%
41%
69%
4%
9%
9%
57%
21%
75%
25%
35%
65%
3 17,213
-654
-3.66%
7%
19%
4%
68%
12,182
7%
21%
4%
65%
7,175
10%
10%
30%
3%
49%
7%
6,044
10%
9%
31%
3%
49%
7%
3,772
10%
9%
25%
3%
51%
7%
17,272
30%
58%
12%
37%
44%
42%
5%
35%
18%
18%
16%
39%
36%
51%
74%
5%
7%
7%
46%
36%
56%
44%
43%
57%
4 18,331
464

2.60%
4%
11%
2%
81%
12,070
4%
12%
2%
80%
8,544
6%
6%
45%
3%
37%
7%
7,476
6%
6%
45%
3%
37%
7%
4,033
6%
6%
42%
3%
40%
6%
12,819
32%
56%
12%
58%
57%
39%
3%
35%
22%
17%
13%
37%
39%
63%
74%
5%
1%
2%
33%
59%
94%
6%
11%
89%
Total
71,468
1,149

6.43%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 20:34 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
580
Dublin 2022 Districting
Proposed Election Sequence:
2024: Districts 2 (McCorriston) and 3 (Hu)
2026: Districts 1 Qosey & Kumagai) and 4 (vacant)
Alternative Election Sequence:
2024: Districts 3 (Hu) and 4 (vacant)
2026: Districts 1 Qosey & Kumagai) and 2 (McCorriston)
Map layers
□ Gold Map
-- River
Streets
Gold Map
©2021 CALIPER

3.12% Total Deviation
581
Gold Map
District 1
Total Pop 17,856
Deviation from ideal -11
% Deviation -0.06%
% Hisp 15.4%
% NH White 39%
% NH Black 3%
% Asian-American 39%
Total 13,613
% Hisp 14%
% NH White 43%
% NH Black 3%
% Asian/Pac.Isl. 36%
Total 11,035
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 9,375
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 6,844
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 11%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 17,123
age0-19 26%
age20-60 55%
age60plus 19%
immigrants 27%
naturalized 58%
english 67%
spanish 7%
asian-lang 17%
other lang 9%
Language Fluency Speaks Eng. "Less than Very Well" 10%
hs-grad 30%
bachelor 36%
graduatedegree 21%
Child in Household child-under18 41%
Pct of Pop. Age 16+ employed 70%
income 0-25k 4%
income 25-50k 9%
income 50-75k 8%
income 75-200k 52%
income 200k-plus 26%
single family 85%
multi-family 15%
rented 26%
owned 74%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,650
-217
-1.21%
10%
27%
6%
54%
13,410
10%
30%
6%
52%
7,778
12%
11%
22%
3%
56%
7%
6,548
11%
11%
22%
3%
56%
7%
4,023
11%
10%
17%
3%
60%
6%
13,471
26%
63%
12%
37%
47%
58%
6%
19%
17%
15%
23%
40%
26%
41%
74%
8%
9%
7%
50%
26%
53%
47%
51%
49%
3 18,208
341

1.91%
12%
20%
4%
60%
13,191
14%
23%
5%
55%
7,837
8%
8%
35%
3%
47%
6%
6,769
8%
8%
35%
3%
47%
6%
3,812
8%
8%
30%
3%
51%
5%
16,759
31%
57%
13%
38%
52%
40%
3%
37%
20%
18%
15%
39%
36%
59%
71%
4%
2%
4%
42%
48%
82%
18%
21%
79%
4 17,754
-113
-0.63%
6%
13%
3%
76%
12,169
6%
15%
4%
73%
7,557
8%
8%
38%
3%
40%
8%
6,436
8%
8%
39%
3%
40%
8%
3,556
8%
8%
35%
3%
43%
8%
12,981
30%
57%
13%
57%
49%
42%
5%
35%
18%
17%
16%
38%
37%
49%
74%
5%
7%
7%
42%
38%
56%
44%
42%
58%
Total
71,468
558

3.12%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 22:56 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
582

4.87% Total Deviation
Proposed Election Sequence:
2024: Districts 1 Qosey & McCorriston) and 3 (Hu)
2026: Districts 2 (Kumagai) and 4 (vacant)
Alternative Election Sequence:
2024: Districts 3 (Hu) and 4 (vacant)
2026: Districts 1 Qosey & McCorriston) and 2 (Kumagai)
Map layers
D Map 110
-- River
Streets
Map 110
©2021 CALIPER
Croi1k l?C/ Collier. Car.won Rd
Dublin 2022 Districting
583
Map 110
District 1
Total Pop 17,588
Deviation from ideal -279
% Deviation -1.56%
% Hisp 15.0%
% NH White 40%
% NH Black 3%
% Asian-American 39%
Total 13,353
% Hisp 14%
% NH White 43%
% NH Black 3%
% Asian/Pac.Isl. 37%
Total 10,953
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 2%
Total 9,335
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 2%
Total 6,885
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 17,081
age0-19 25%
age20-60 55%
age60plus 19%
immigrants 26%
naturalized 61%
english 68%
spanish 6%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 36%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 4%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 89%
multi-family 11%
rented 21%
owned 79%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,386
519

2.90%
17%
31%
7%
40%
14,809
18%
33%
7%
38%
7,623
13%
12%
17%
3%
59%
8%
6,354
12%
11%
17%
3%
59%
7%
3,561
11%
11%
12%
3%
65%
7%
13,184
24%
62%
13%
40%
43%
57%
6%
20%
17%
14%
25%
39%
26%
40%
73%
7%
9%
8%
55%
22%
49%
51%
56%
44%
3 17,516
-351
-1.96%
7%
19%
4%
68%
12,392
7%
21%
4%
65%
7,253
10%
9%
30%
3%
49%
7%
6,113
10%
9%
31%
3%
49%
7%
3,807
10%
9%
25%
3%
51%
7%
17,415
30%
58%
12%
37%
44%
42%
5%
35%
18%
18%
16%
39%
36%
51%
74%
5%
7%
7%
46%
36%
56%
44%
43%
57%
4 17,978
111

0.62%
4%
10%
2%
82%
11,829
4%
12%
2%
81%
8,378
6%
6%
45%
3%
36%
7%
7,326
6%
6%
45%
3%
37%
7%
3,982
6%
6%
42%
3%
40%
6%
12,654
32%
56%
12%
57%
57%
40%
3%
35%
22%
17%
13%
37%
39%
63%
74%
5%
1%
2%
33%
59%
94%
6%
11%
89%
Total
71,468
870

4.87%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 2:09 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
584

1.46% Total Deviation
Proposed Election Sequence:
2024: Districts 1 Qosey & McCorriston) and 3 (Hu)
2026: Districts 2 (Kumagai) and 4 (vacant)
Alternative Election Sequence:
2024: Districts 3 (Hu) and 4 (vacant)
2026: Districts 1 Qosey & McCorriston) and 2 (Kumagai)
Map layers
D Map 111
-- River
Streets
Map 111
4 ©2021 CALIPER
Dublin 2022 Districting
585
Map 111
District 1
Total Pop 17,717
Deviation from ideal -150
% Deviation -0.84%
% Hisp 15.1%
% NH White 39%
% NH Black 3%
% Asian-American 39%
Total 13,458
% Hisp 14%
% NH White 43%
% NH Black 3%
% Asian/Pac.Isl. 37%
Total 11,005
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 2%
Total 9,377
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 2%
Total 6,907
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 17,157
age0-19 25%
age20-60 55%
age60plus 19%
immigrants 26%
naturalized 61%
english 68%
spanish 6%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 36%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 4%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 89%
multi-family 11%
rented 21%
owned 79%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,796
-71
-0.40%
18%
31%
8%
39%
14,325
18%
33%
7%
37%
7,424
13%
12%
17%
3%
59%
8%
6,188
12%
11%
17%
3%
59%
7%
3,490
11%
11%
12%
3%
66%
7%
12,819
24%
62%
13%
40%
43%
57%
6%
20%
17%
14%
25%
39%
25%
40%
73%
7%
9%
8%
55%
22%
49%
51%
56%
44%
3 17,977
110

0.62%
7%
19%
4%
68%
12,771
7%
22%
5%
65%
7,400
10%
10%
30%
3%
49%
7%
6,237
10%
9%
30%
3%
49%
7%
3,856
10%
9%
25%
3%
51%
7%
17,703
30%
58%
12%
37%
44%
42%
5%
35%
18%
18%
16%
39%
36%
51%
74%
5%
7%
7%
46%
36%
56%
44%
44%
56%
4 17,978
111

0.62%
4%
10%
2%
82%
11,829
4%
12%
2%
81%
8,378
6%
6%
45%
3%
36%
7%
7,326
6%
6%
45%
3%
37%
7%
3,982
6%
6%
42%
3%
40%
6%
12,654
32%
56%
12%
57%
57%
40%
3%
35%
22%
17%
13%
37%
39%
63%
74%
5%
1%
2%
33%
59%
94%
6%
11%
89%
Total
71,468
261

1.46%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 2:26 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
586

1.79% Total DeviationProposed Election Sequence:
2024: Districts 1 Gosey & McCorriston) and 3 (Hu)
2026: Districts 2 (Kumagai) and 4 (vacant)
Alternative Election Sequence:
2024: Districts 3 (Hu) and 4 (vacant)
2026: Districts 1 Gosey & McCorriston) and 2 (Kumagai)
Map layers
D Map 112
-- River
Streets
©2021 CALIPER
Map 112
Broder Blvd
Glr-a.s_o.o Dr
Fai1field St "-�----'
Sur
mer Glen Dr
ual '?1<-'i
l'faven Pl cel"I O �
2nd St Dublin Bi'vd 3: � -� I � VJ Ma�tinelle
\
Way ,..,. 3: �ro g ic.:
41,ltamirano Ave 1 �_l_;l,_�:
0 u
Q
Dublin 2022 Districting
587
Map 112
District 1
Total Pop 17,867
Deviation from ideal
% Deviation 0.00%
% Hisp 15.0%
% NH White 39%
% NH Black 3%
% Asian-American 40%
Total 13,714
% Hisp 14%
% NH White 42%
% NH Black 3%
% Asian/Pac.Isl. 37%
Total 10,907
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 9,270
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 6,726
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 16,939
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 67%
spanish 7%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 37%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 87%
multi-family 13%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,057
190

1.06%
18%
32%
7%
39%
14,417
18%
34%
7%
37%
7,581
13%
12%
17%
3%
60%
7%
6,338
12%
11%
17%
3%
61%
7%
3,808
11%
11%
11%
3%
65%
6%
13,304
25%
61%
14%
39%
43%
57%
6%
20%
17%
14%
25%
39%
25%
41%
72%
7%
9%
8%
55%
21%
50%
50%
55%
45%
3 17,737
-130
-0.73%
6%
18%
4%
70%
12,458
7%
20%
4%
66%
7,126
10%
9%
30%
3%
49%
8%
6,013
9%
9%
31%
3%
48%
8%
3,567
10%
9%
26%
3%
52%
8%
16,586
30%
58%
12%
42%
45%
41%
4%
36%
18%
18%
16%
38%
37%
51%
74%
5%
7%
7%
44%
37%
56%
44%
42%
58%
4 17,807
-60
-0.34%
5%
11%
2%
80%
11,794
4%
13%
2%
79%
8,593
7%
7%
45%
3%
37%
6%
7,507
7%
7%
44%
3%
38%
6%
4,134
7%
7%
42%
3%
41%
5%
13,504
32%
56%
12%
50%
57%
40%
3%
34%
23%
17%
13%
38%
38%
63%
74%
5%
1%
2%
36%
55%
90%
10%
15%
85%
Total
71,468
320

1.79%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 2:45 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
588

0.83% Total Deviation
Proposed Election Sequence:
2024: Districts 1 Gosey & McCorriston) and 3 (Hu)
2026: Districts 2 (Kumagai) and 4 (vacant)
Alternative Election Sequence:
2024: Districts 3 (Hu) and 4 (vacant)
2026: Districts 1 Gosey & McCorriston) and 2 (Kumagai)
Map layers
D Map 113
-- River
Streets
Map 113
©2021 CALIPER
Dublin 2022 Districting
589
Map 113
District 1
Total Pop 17,887
Deviation from ideal 20
% Deviation 0.11%
% Hisp 15.0%
% NH White 39%
% NH Black 3%
% Asian-American 40%
Total 13,728
% Hisp 14%
% NH White 42%
% NH Black 3%
% Asian/Pac.Isl. 37%
Total 10,908
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 9,271
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 6,726
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 16,951
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 67%
spanish 7%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 37%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 87%
multi-family 13%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,782
-85
-0.48%
14%
24%
5%
55%
13,203
15%
26%
5%
50%
7,941
10%
9%
30%
3%
50%
5%
6,832
9%
9%
30%
3%
51%
5%
3,943
9%
9%
25%
3%
56%
4%
13,718
29%
57%
14%
41%
51%
46%
5%
29%
20%
15%
19%
37%
33%
54%
71%
4%
3%
5%
51%
37%
72%
28%
35%
65%
3 17,930
63 0.35%
10%
26%
6%
55%
13,475
9%
29%
6%
53%
7,815
12%
11%
23%
3%
54%
8%
6,547
12%
11%
24%
3%
54%
7%
3,957
11%
10%
18%
3%
58%
7%
15,102
27%
62%
11%
37%
45%
53%
5%
24%
18%
16%
21%
40%
30%
45%
75%
7%
9%
7%
48%
29%
52%
48%
51%
49%
4 17,869
2 0.01%
5%
11%
3%
79%
11,977
5%
13%
3%
77%
7,543
7%
7%
41%
3%
39%
8%
6,478
7%
7%
41%
3%
39%
8%
3,609
7%
7%
37%
3%
42%
8%
14,563
31%
56%
13%
53%
50%
39%
4%
39%
18%
18%
15%
38%
38%
54%
73%
5%
6%
6%
38%
45%
68%
32%
30%
70%
Total
71,468
148

0.83%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 3:09 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
590

9.96% Total DeviationProposed Election Sequence:
2024: Districts 1 Gosey, Kumagai, & McCorriston) and 4 (Hu) 2026: Districts 2 (vacant) and 3 (vacant)
Alternative Election Sequence:
2024: Districts 2 (vacant) and 4 (Hu)
2026: Districts 1 Gosey, Kumagai, & McCorriston) and 3 (vacant) Map layers
D Map 114
-- River
Streets
Map 114
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©2021 CALIPER
4 Dublin 2022 Districting
591
Map 114
District 1
Total Pop 19,011
Deviation from ideal 1,144
% Deviation 6.40%
% Hisp 15.4%
% NH White 40%
% NH Black 4%
% Asian-American 38%
Total 14,587
% Hisp 14%
% NH White 43%
% NH Black 4%
% Asian/Pac.Isl. 35%
Total 11,455
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 9,708
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 3%
Total 6,995
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 11%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 17,922
age0-19 25%
age20-60 56%
age60plus 18%
immigrants 29%
naturalized 54%
english 64%
spanish 7%
asian-lang 19%
other lang 10%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 36%
graduatedegree 22%
Child in Household child-under18 41%
Pct of Pop. Age 16+ employed 70%
income 0-25k 4%
income 25-50k 8%
income 50-75k 8%
income 75-200k 54%
income 200k-plus 25%
single family 79%
multi-family 21%
rented 31%
owned 69%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,705
-162
-0.91%
11%
29%
6%
51%
13,660
11%
32%
6%
49%
8,019
12%
11%
19%
3%
59%
7%
6,715
12%
11%
19%
3%
59%
7%
4,146
12%
11%
14%
2%
65%
6%
14,730
26%
62%
13%
34%
47%
61%
5%
18%
17%
14%
24%
40%
26%
39%
75%
8%
9%
8%
51%
25%
53%
47%
51%
49%
3 17,520
-347
-1.94%
11%
16%
4%
66%
12,437
13%
18%
4%
62%
7,627
7%
7%
41%
3%
39%
6%
6,641
7%
7%
41%
3%
40%
6%
3,601
7%
7%
37%
3%
42%
5%
13,327
31%
57%
12%
41%
57%
43%
5%
30%
22%
17%
15%
39%
35%
62%
71%
5%
2%
2%
40%
51%
86%
14%
20%
80%
4 17,232
-635
-3.55%
5%
14%
4%
75%
11,699
5%
16%
4%
73%
7,106
8%
8%
37%
3%
43%
8%
6,064
8%
7%
38%
3%
43%
8%
3,493
8%
7%
33%
3%
46%
8%
14,354
31%
56%
13%
54%
47%
36%
4%
43%
17%
19%
14%
38%
39%
54%
73%
5%
7%
7%
39%
44%
66%
34%
31%
69%
Total
71,468
1,779

9.96%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 3:28 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
592
Not Population BalancedProposed Election Sequence:
2024: Districts 1 (Josey & McCorriston) and 4 (Hu)
2026: Districts 2 (Kumagai) and 3 (vacant)
Alternative Election Sequence:
2024: Districts 3 (vacant) and 4 (Hu)
2026: Districts 1 (Josey & McCorriston) and 2 (Kumagai) Map layers
D Map 115
-- River
Streets
Map 115
©2021 CALIPER
Dublin 2022 Districting

14.06% Total Deviation
593
Map 115
District 1
Total Pop 17,328
Deviation from ideal -539
% Deviation -3.02%
% Hisp 14.7%
% NH White 38%
% NH Black 3%
% Asian-American 41%
Total 13,314
% Hisp 14%
% NH White 41%
% NH Black 3%
% Asian/Pac.Isl. 38%
Total 10,429
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 4%
Total 8,859
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 6,382
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 70%
% NH Black est. 3%
ACS Pop. Est. Total 16,209
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 68%
spanish 7%
asian-lang 17%
other lang 9%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 38%
graduatedegree 21%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 70%
income 0-25k 5%
income 25-50k 9%
income 50-75k 7%
income 75-200k 50%
income 200k-plus 29%
single family 86%
multi-family 14%
rented 24%
owned 76%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 16,576
-1,291
-7.23%
14%
34%
7%
42%
12,804
12%
37%
6%
41%
7,746
14%
13%
15%
3%
62%
6%
6,476
13%
12%
15%
3%
63%
5%
4,015
12%
11%
10%
3%
69%
5%
13,110
25%
61%
14%
36%
43%
59%
5%
20%
16%
14%
27%
37%
25%
41%
73%
6%
9%
8%
56%
21%
52%
48%
53%
47%
3 19,088
1,221

6.83%
10%
17%
4%
67%
13,769
12%
19%
4%
62%
8,375
8%
8%
39%
3%
43%
6%
7,235
8%
8%
39%
3%
43%
6%
4,199
8%
8%
34%
3%
45%
5%
16,095
30%
58%
11%
38%
54%
45%
5%
28%
23%
16%
16%
39%
35%
57%
73%
5%
3%
4%
44%
44%
72%
28%
33%
67%
4 18,476
609

3.41%
5%
13%
3%
76%
12,496
5%
16%
4%
74%
7,657
8%
7%
38%
3%
42%
9%
6,558
8%
7%
38%
3%
42%
8%
3,639
8%
7%
34%
3%
46%
8%
14,919
31%
56%
13%
55%
48%
37%
4%
42%
17%
19%
14%
38%
38%
54%
73%
5%
6%
7%
38%
44%
67%
33%
30%
70%
Total
71,468
2,512

14.06%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
07/07/2022 3:46 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
594
Public Hearing #3 Draft Maps
Public Submitted Maps (101-109)
NDC Submitted Maps (Green, Purple, Orange)
595
596
NDC Green Map
District 1
Total Pop 17,434
Deviation from ideal -433
% Deviation -2.42%
% Hisp 15.1%
% NH White 40%
% NH Black 3%
% Asian-American 39%
Total 13,241
% Hisp 14%
% NH White 43%
% NH Black 3%
% Asian/Pac.Isl. 36%
Total 10,887
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 2%
Total 9,276
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 2%
Total 6,874
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 16,990
age0-19 26%
age20-60 55%
age60plus 19%
immigrants 26%
naturalized 61%
english 68%
spanish 6%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 36%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 4%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 89%
multi-family 11%
rented 21%
owned 79%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,490
623

3.49%
17%
31%
7%
40%
14,890
17%
33%
7%
38%
7,601
13%
12%
17%
3%
59%
8%
6,332
12%
11%
17%
3%
59%
8%
3,660
11%
11%
12%
3%
63%
7%
13,253
24%
62%
13%
40%
43%
57%
6%
20%
17%
14%
25%
39%
26%
40%
73%
7%
9%
8%
55%
22%
49%
51%
56%
44%
3 17,766
-101
-0.57%
6%
17%
3%
73%
12,250
5%
19%
3%
70%
8,274
8%
8%
37%
3%
44%
6%
7,168
8%
8%
38%
3%
44%
6%
4,017
8%
8%
33%
3%
49%
5%
15,143
31%
58%
11%
40%
54%
43%
4%
31%
22%
17%
15%
39%
37%
58%
74%
5%
3%
4%
43%
45%
74%
26%
31%
69%
4 17,778
-89
-0.50%
5%
12%
3%
77%
12,002
5%
14%
4%
75%
7,445
8%
8%
39%
3%
41%
8%
6,352
8%
7%
39%
3%
41%
8%
3,684
8%
7%
36%
3%
43%
8%
14,948
31%
56%
13%
52%
48%
39%
4%
39%
18%
18%
15%
38%
38%
53%
73%
5%
7%
6%
39%
43%
65%
35%
33%
67%
Total
71,468
1,056

5.91%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/13/2022 3:06 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
597
598
NDC Orange Map
District 1
Total Pop 18,441
Deviation from ideal 574
% Deviation 3.21%
% Hisp 15.6%
% NH White 39%
% NH Black 4%
% Asian-American 38%
Total 14,116
% Hisp 14%
% NH White 43%
% NH Black 4%
% Asian/Pac.Isl. 36%
Total 11,021
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 9,332
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 6,699
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 11%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 17,389
age0-19 25%
age20-60 56%
age60plus 18%
immigrants 29%
naturalized 54%
english 65%
spanish 7%
asian-lang 19%
other lang 10%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 36%
graduatedegree 22%
Child in Household child-under18 41%
Pct of Pop. Age 16+ employed 70%
income 0-25k 4%
income 25-50k 8%
income 50-75k 8%
income 75-200k 55%
income 200k-plus 25%
single family 78%
multi-family 22%
rented 32%
owned 68%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,018
151

0.85%
11%
30%
6%
50%
13,926
11%
33%
6%
48%
8,423
12%
11%
19%
2%
60%
7%
7,062
12%
11%
19%
3%
60%
6%
4,440
12%
11%
14%
2%
66%
6%
15,143
26%
62%
13%
34%
48%
60%
5%
18%
16%
14%
24%
40%
26%
39%
75%
7%
9%
8%
50%
25%
54%
46%
50%
50%
3 17,955
88 0.49%
11%
18%
4%
65%
12,766
13%
20%
4%
60%
7,519
7%
7%
39%
3%
43%
6%
6,546
7%
7%
39%
3%
43%
6%
3,696
7%
7%
34%
3%
46%
5%
15,667
31%
56%
12%
40%
54%
38%
4%
37%
21%
19%
14%
39%
37%
64%
70%
4%
2%
3%
38%
53%
89%
11%
15%
85%
4 17,054
-813
-4.55%
5%
12%
3%
77%
11,575
6%
14%
4%
75%
7,244
8%
8%
39%
3%
39%
8%
6,188
8%
7%
40%
3%
39%
8%
3,400
8%
7%
37%
3%
42%
8%
12,134
30%
57%
13%
59%
49%
41%
5%
36%
18%
17%
16%
38%
37%
50%
74%
5%
7%
7%
41%
40%
58%
42%
39%
61%
Total
71,468
1,387

7.76%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/13/2022 2:52 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
599
600
NDC Purple Map
District 1
Total Pop 18,092
Deviation from ideal 225
% Deviation 1.26%
% Hisp 11.2%
% NH White 31%
% NH Black 6%
% Asian-American 49%
Total 13,964
% Hisp 10%
% NH White 34%
% NH Black 6%
% Asian/Pac.Isl. 47%
Total 8,660
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 20%
% Filipino-Surnamed 2%
% NH White est. 60%
% NH Black 6%
Total 7,306
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 20%
% Filipino-Surnamed 2%
% NH White est. 60%
% NH Black 6%
Total 4,619
% Latino est. 10%
% Spanish-Surnamed 9%
% Asian-Surnamed 16%
% Filipino-Surnamed 2%
% NH White est. 66%
% NH Black est. 5%
ACS Pop. Est. Total 14,451
age0-19 25%
age20-60 60%
age60plus 16%
immigrants 34%
naturalized 53%
english 60%
spanish 5%
asian-lang 20%
other lang 14%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 24%
bachelor 40%
graduatedegree 25%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 72%
income 0-25k 7%
income 25-50k 9%
income 50-75k 7%
income 75-200k 48%
income 200k-plus 28%
single family 65%
multi-family 35%
rented 40%
owned 60%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,832
-35
-0.20%
21%
40%
4%
30%
14,167
21%
42%
4%
28%
9,828
15%
14%
12%
3%
66%
3%
8,302
14%
13%
12%
3%
67%
3%
5,811
13%
13%
8%
2%
72%
3%
15,791
25%
57%
18%
31%
50%
66%
7%
18%
10%
11%
32%
35%
20%
41%
69%
4%
9%
9%
57%
21%
75%
25%
35%
65%
3 17,213
-654
-3.66%
7%
19%
4%
68%
12,182
7%
21%
4%
65%
7,175
10%
10%
30%
3%
49%
7%
6,044
10%
9%
31%
3%
49%
7%
3,772
10%
9%
25%
3%
51%
7%
17,272
30%
58%
12%
37%
44%
42%
5%
35%
18%
18%
16%
39%
36%
51%
74%
5%
7%
7%
46%
36%
56%
44%
43%
57%
4 18,331
464

2.60%
4%
11%
2%
81%
12,070
4%
12%
2%
80%
8,544
6%
6%
45%
3%
37%
7%
7,476
6%
6%
45%
3%
37%
7%
4,033
6%
6%
42%
3%
40%
6%
12,819
32%
56%
12%
58%
57%
39%
3%
35%
22%
17%
13%
37%
39%
63%
74%
5%
1%
2%
33%
59%
94%
6%
11%
89%
Total
71,468
1,118

6.26%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/13/2022 1:47 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
601
3 4
1 2
680
580
Croak Rd
Creekview Dr
Albrook Rd
Northside Dr
Barner Ave
Broder Blvd
Dublin Blvd
Fallon Rd
Sebille Rd
Valley Vista Dr
Fall Creek Rd
Dublin Blvd
Hillrose Dr
Bloom
ingto
n W
ay
Syrah Dr
Inspiration Dr
La
Vina St
Gle
ason Dr
Ebensburg Ln
Dougherty Rd
Creekside Dr
Scarlett Ct
Sunset View Dr
Palisades Dr
Colton Hills Dr
Amador Plz Rd
San Ramon Rd
Wicklow Ln
Central Pky
Sierra Ct
Frog Bend Rd
3rd St
Crossridge Rd
M
artinelle W
ay
Porcellano Ln
Galindo Dr
Dublin Blvd
Saint Patrick W
ayVillage Pky
Carbondale Cir
Alliston Loop
Schaefer Ln
Ram
part Dr
Marshall Canyon Dr
Bay Laurel St
Persimmon Dr
John Monego Ct
Palerm
o W
ay
Cam Tassajara
Firebrand Dr
Longford Way
M
adden W
ay
Inspiration Cir
Fenwick W
ay
Valencia St
Silvera Ranch Dr
Bellevue Cir
San Sabana Rd
N Forestdale Cir
Kingsmill Ter
Roys Hill Ln
Oak Knl Dr
Elgin Ln
W
hitehorse W
ay
Dublin Ct
Goodfellow Ave
Rhoda Ave
Forino Dr
Frederiksen Ln
Tulare
Hills Dr
Quartz Cir Dublin Meadow St
Annandale Way
Newfields Ln
Sutton Ln
Hansen Dr
Arnold Rd
Mitchel Dr
12th St
Beverly Ln
Haven Pl
Osborne Ct
Bristol Rd
Rolling Hills Dr
North Ave
Positano Pw
Briarwood Ln
Melodia Cir
Haggerty Dr
Foxford W
ay
Monroe Ave
Bassetts W
ay
6th St
Brandi
ni Dr
5th St
Cresta Ln
Sierra Ln
W Vomac Rd
Amador Valley Blvd
Sable Oaks Way
Schaefer Heights Rd
Cranford Ln
Myrtle Dr
Cavalier Ln
Campus Dr
Jade Cir
Silvertree Ln
Ledgewood Ter
Hacienda Dr
Aspen St
Civic Plz
8th St
2nd St
M
aguire W
ay
Grafton St
Brittany Ln
Ironhorse Pky
Brighton Dr
Furore W
ay
Shannon Ave
Spruce Ln
Cam Tassajara
Langm
uir Ln
Madigan Dr
Brannigan St
Castilian Rd
15th St
Prince Dr
Mo
linaro W
ay
Fernandez Ave
Cypress Ct
Clark Ave
Trolan Ln
Royal Pines Way
S Lake Dr
Stagecoach Rd
Alcosta Blvd
Maymont Ln
Davona Dr
Houston Pl
Locust Pl N
Penn Dr
Wildwo
od Rd
Boxw
ood W
ay
Woodren Ct
Te
rracina Dr
Evans Ave
Perugia St
Davis Ave
Amarillo Rd
Galway Ct
Loring Ave
Trinity Ct
Portage Rd
Denise Ct
W
allis R
anch Dr
Tassajara Rd
Cronin Cir
Stags Leap Ln
Marini St
Iglesia Dr
Via Zapata
Se
quoia Ave
Amanda St
Saddlecreek Ter
Donlon Way
Ventura Dr
Southbridge Way
7th St
Adams Ave
Montiano Ln
Albert Dr
Betlen Dr
Delm
ar Dr
Ione Ct
Powers St
4th St
Bloomfield Ter
Brookdale Ct
Mazzoni Te
Mulberry Pl
Thorndike Ln
Ducale W
ay
N Lake Dr
Round Hill Dr
Hillbrook Pl
Cardiff Dr
Reim
ers W
ay
Bent Tree Dr
Tamarack Dr
Chancery Ln
Montese Ct
Demarcus Blvd
Dover Ct
Brittany Dr
Jones St
Finnian W
ay
W
estside Dr
Pea
rl Pl
San
Vicient
e Ter
Contrada Ct
Collier Canyon Rd
W
illow Creek Dr
Holanda Ln
Peppertree Rd
Burton St
Campbell Ln
Flanders Way
Vinton Ave
Oak Bluff Ln
Eden St
13th St
11th St
Cherico Ln
Ferncroft Ct
Lilly Pad Lake Ct
Ridgeline Ct
Dillon W
ay
Casterson Dr
Brigadoon Way
Mancini Ct
Topaz C
ir
Cydonia Ct
Croy Ln
Carnmore Pl
Barner Blvd
Strafford Ct
Shadow Pl
Oxford Pl
Sussex Dr
Gorham Ct
S Dean Dr
Vomac Ct
Buckeye Ct
Allen Rd
Hopyard Rd
Cerreto St
Pietro Pl
Pino Grande Rd
Loyalton Rd
Proposed Election Sequence:
2024: Districts 1 (Josey & McCorriston) and 3 (Hu)
2026: Districts 2 (Kumagai) and 4 (vacant)
Alternatve Election Sequence:
2024: Districts 3 (Hu) and 4 (vacant)
2026: Districts 1 (Josey & McCorriston) and 2 (Kumagai) �2021 CALIPER
602
Map 101
District 1
Total Pop 18,056
Deviation from ideal 189
% Deviation 1.06%
% Hisp 14.6%
% NH White 38%
% NH Black 3%
% Asian-American 41%
Total 11,998
% Hisp 13%
% NH White 56%
% NH Black 3%
% Asian/Pac.Isl. 27%
Total 10,860
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 9,230
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 6,664
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 70%
% NH Black est. 3%
ACS Pop. Est. Total 16,883
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 68%
spanish 7%
asian-lang 17%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 37%
graduatedegree 20%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 70%
income 0-25k 5%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 87%
multi-family 13%
rented 24%
owned 76%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,868
1 0.01%
18%
33%
7%
38%
9,528
18%
48%
7%
25%
7,628
13%
12%
16%
3%
61%
6%
6,378
13%
12%
16%
3%
62%
6%
3,766
11%
11%
11%
3%
68%
5%
13,359
25%
61%
14%
38%
43%
57%
6%
21%
16%
15%
26%
38%
25%
41%
72%
7%
9%
8%
55%
21%
51%
49%
54%
46%
3 17,455
-412
-2.31%
6%
17%
3%
72%
7,581
6%
24%
5%
62%
8,575
8%
8%
38%
3%
45%
5%
7,396
8%
8%
38%
3%
44%
5%
4,658
8%
8%
33%
3%
47%
5%
19,206
31%
57%
11%
33%
52%
41%
3%
34%
22%
18%
14%
39%
38%
59%
74%
5%
3%
4%
41%
48%
78%
22%
26%
74%
4 18,089
222

1.24%
5%
12%
3%
77%
6,662
9%
21%
4%
64%
7,144
8%
8%
38%
3%
40%
9%
6,124
8%
8%
39%
3%
39%
9%
3,147
8%
8%
35%
3%
44%
8%
10,885
30%
57%
13%
69%
50%
41%
5%
38%
17%
18%
16%
38%
37%
49%
74%
5%
8%
7%
41%
38%
56%
44%
40%
60%
Total
71,468
634

3.55%
11%
25%
4%
57%
35,769
12%
41%
5%
41%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
05/05/2022 13:25 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
603
4 1
3 2
680
580
Croak Rd
Creekview Dr
Albrook Rd
Northside Dr
Barner Ave
Broder Blvd
Dublin Blvd
Fallon Rd
Sebille Rd
Valley Vista Dr
Fall Creek Rd
Dublin Blvd
Hillrose Dr
Bloom
ingto
n W
ay
Syrah Dr
Inspiration Dr
La
Vina St
Gle
ason Dr
Ebensburg Ln
Dougherty Rd
Creekside Dr
Scarlett Ct
Sunset View Dr
Palisades Dr
Colton Hills Dr
Amador Plz Rd
San Ramon Rd
Wicklow Ln
Central Pky
Sierra Ct
Frog Bend Rd
3rd St
Crossridge Rd
M
artinelle W
ay
Porcellano Ln
Galindo Dr
Dublin Blvd
Saint Patrick W
ayVillage Pky
Carbondale Cir
Alliston Loop
Schaefer Ln
Ram
part Dr
Marshall Canyon Dr
Bay Laurel St
Persimmon Dr
John Monego Ct
Palerm
o W
ay
Cam Tassajara
Firebrand Dr
Longford Way
M
adden W
ay
Inspiration Cir
Fenwick W
ay
Valencia St
Silvera Ranch Dr
Bellevue Cir
San Sabana Rd
N Forestdale Cir
Kingsmill Ter
Roys Hill Ln
Oak Knl Dr
Elgin Ln
W
hitehorse W
ay
Dublin Ct
Goodfellow Ave
Rhoda Ave
Forino Dr
Frederiksen Ln
Tulare
Hills Dr
Quartz Cir Dublin Meadow St
Annandale Way
Newfields Ln
Sutton Ln
Hansen Dr
Arnold Rd
Mitchel Dr
12th St
Beverly Ln
Haven Pl
Osborne Ct
Bristol Rd
Rolling Hills Dr
North Ave
Positano Pw
Briarwood Ln
Melodia Cir
Haggerty Dr
Foxford W
ay
Monroe Ave
Bassetts W
ay
6th St
Brandi
ni Dr
5th St
Cresta Ln
Sierra Ln
W Vomac Rd
Amador Valley Blvd
Sable Oaks Way
Schaefer Heights Rd
Cranford Ln
Myrtle Dr
Cavalier Ln
Campus Dr
Jade Cir
Silvertree Ln
Ledgewood Ter
Hacienda Dr
Aspen St
Civic Plz
8th St
2nd St
M
aguire W
ay
Grafton St
Brittany Ln
Ironhorse Pky
Brighton Dr
Furore W
ay
Shannon Ave
Spruce Ln
Cam Tassajara
Langm
uir Ln
Madigan Dr
Brannigan St
Castilian Rd
15th St
Prince Dr
Mo
linaro W
ay
Fernandez Ave
Cypress Ct
Clark Ave
Trolan Ln
Royal Pines Way
S Lake Dr
Stagecoach Rd
Alcosta Blvd
Maymont Ln
Davona Dr
Houston Pl
Locust Pl N
Penn Dr
Wildwo
od Rd
Boxw
ood W
ay
Woodren Ct
Te
rracina Dr
Evans Ave
Perugia St
Davis Ave
Amarillo Rd
Galway Ct
Loring Ave
Trinity Ct
Portage Rd
Denise Ct
W
allis R
anch Dr
Tassajara Rd
Cronin Cir
Stags Leap Ln
Marini St
Iglesia Dr
Via Zapata
Se
quoia Ave
Amanda St
Saddlecreek Ter
Donlon Way
Ventura Dr
Southbridge Way
7th St
Adams Ave
Montiano Ln
Albert Dr
Betlen Dr
Delm
ar Dr
Ione Ct
Powers St
4th St
Brookdale Ct
Mazzoni Te
Mulberry Pl
Thorndike Ln
Ducale W
ay
N Lake Dr
Round Hill Dr
Hillbrook Pl
Cardiff Dr
Reim
ers W
ay
Tamarack Dr
Montese Ct
Demarcus Blvd
Dover Ct
Brittany Dr
Jones St
Finnian W
ay
W
estside Dr
Dry Creek Dr
Pea
rl Pl
San
Vicient
e Ter
Contrada Ct
Collier Canyon Rd
W
illow Creek Dr
Holanda Ln
Peppertree Rd
Burton St
Campbell Ln
Flanders Way
Vinton Ave
Oak Bluff Ln
Eden St
13th St
11th St
Cherico Ln
Ferncroft Ct
Lilly Pad Lake Ct
Ridgeline Ct
Dillon W
ay
Casterson Dr
Brigadoon Way
Mancini Ct
Topaz C
ir
Cydonia Ct
Croy Ln
Carnmore Pl
Barner Blvd
Strafford Ct
Shadow Pl
Oxford Pl
Sussex Dr
Gorham Ct
S Dean Dr
Vomac Ct
Buckeye Ct
Allen Rd
Hopyard Rd
Pietro Pl
Pino Grande Rd
Loyalton Rd
Proposed Election Sequence:
2024: Districts 1 (Josey & McCorriston) and 4 (Hu)
2026: Districts 2 (Kumagai) and 3 (vacant)
Alternatve Election Sequence:
2024: Districts 3 (vacant) and 4 (Hu)
2026: Districts 1 (Josey & McCorriston) and 2 (Kumagai) �2021 CALIPER
604
Map 102
District 1
Total Pop 16,715
Deviation from ideal -1,152
% Deviation -6.45%
% Hisp 14.6%
% NH White 38%
% NH Black 3%
% Asian-American 41%
Total 11,131
% Hisp 13%
% NH White 56%
% NH Black 2%
% Asian/Pac.Isl. 27%
Total 10,155
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 8,631
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 6,267
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 70%
% NH Black est. 3%
ACS Pop. Est. Total 15,902
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 68%
spanish 7%
asian-lang 17%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 38%
graduatedegree 21%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 70%
income 0-25k 5%
income 25-50k 9%
income 50-75k 7%
income 75-200k 50%
income 200k-plus 29%
single family 87%
multi-family 13%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,538
1,671

9.35%
16%
32%
6%
42%
10,133
16%
46%
7%
27%
8,940
13%
12%
19%
3%
60%
5%
7,553
12%
11%
19%
3%
61%
5%
4,656
11%
10%
14%
3%
66%
4%
14,892
25%
60%
15%
35%
44%
56%
6%
23%
16%
15%
26%
38%
23%
44%
70%
6%
9%
7%
56%
22%
59%
41%
47%
53%
3 17,077
-790
-4.42%
4%
11%
2%
81%
6,921
8%
17%
2%
72%
7,929
6%
6%
45%
3%
36%
7%
6,926
6%
6%
45%
3%
37%
7%
3,690
6%
6%
42%
3%
40%
6%
10,774
32%
56%
12%
63%
57%
41%
3%
33%
23%
17%
13%
37%
39%
63%
75%
5%
1%
2%
33%
59%
93%
7%
12%
88%
4 18,138
271

1.52%
8%
19%
5%
66%
7,583
9%
31%
7%
51%
7,183
11%
10%
29%
3%
48%
9%
6,018
11%
10%
30%
3%
48%
8%
3,622
11%
10%
26%
3%
52%
8%
18,765
30%
58%
11%
38%
45%
42%
4%
35%
19%
18%
16%
39%
37%
50%
75%
5%
6%
7%
44%
37%
54%
46%
44%
56%
Total
71,468
2,823

15.80%
11%
25%
4%
57%
35,769
12%
41%
5%
41%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
05/05/2022 13:21 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
605
2 41
3 680
580
Croak Rd
Creekview Dr
Albrook Rd
Northside Dr
Barner Ave
Broder Blvd
Dublin Blvd
Fallon Rd
Sebille Rd
Valley Vista Dr
Fall Creek Rd
Dublin Blvd
Hillrose Dr
Bloom
ingto
n W
ay
Syrah Dr
Inspiration Dr
La
Vina St
Gle
ason Dr
Ebensburg Ln
Dougherty Rd
Creekside Dr
Scarlett Ct
Sunset View Dr
Palisades Dr
Colton Hills Dr
Amador Plz Rd
San Ramon Rd
Wicklow Ln
Central Pky
Sierra Ct
Frog Bend Rd
3rd St
Crossridge Rd
M
artinelle W
ay
Porcellano Ln
Galindo Dr
Dublin Blvd
Saint Patrick W
ayVillage Pky
Carbondale Cir
Alliston Loop
Schaefer Ln
Ram
part Dr
Marshall Canyon Dr
Bay Laurel St
Persimmon Dr
John Monego Ct
Palerm
o W
ay
Cam Tassajara
Firebrand Dr
Longford Way
M
adden W
ay
Inspiration Cir
Fenwick W
ay
Valencia St
Silvera Ranch Dr
Bellevue Cir
San Sabana Rd
N Forestdale Cir
Kingsmill Ter
Roys Hill Ln
Oak Knl Dr
Elgin Ln
W
hitehorse W
ay
Dublin Ct
Goodfellow Ave
Rhoda Ave
Forino Dr
Frederiksen Ln
Tulare
Hills Dr
Quartz Cir Dublin Meadow St
Annandale Way
Newfields Ln
Sutton Ln
Hansen Dr
Arnold Rd
Mitchel Dr
12th St
Beverly Ln
Haven Pl
Osborne Ct
Bristol Rd
Rolling Hills Dr
North Ave
Positano Pw
Briarwood Ln
Melodia Cir
Haggerty Dr
Foxford W
ay
Monroe Ave
Bassetts W
ay
6th St
Brandi
ni Dr
5th St
Cresta Ln
Sierra Ln
W Vomac Rd
Amador Valley Blvd
Sable Oaks Way
Schaefer Heights Rd
Cranford Ln
Myrtle Dr
Cavalier Ln
Campus Dr
Jade Cir
Silvertree Ln
Ledgewood Ter
Hacienda Dr
Aspen St
Civic Plz
8th St
2nd St
M
aguire W
ay
Grafton St
Brittany Ln
Ironhorse Pky
Brighton Dr
Furore W
ay
Shannon Ave
Spruce Ln
Cam Tassajara
Langm
uir Ln
Madigan Dr
Brannigan St
Castilian Rd
15th St
Prince Dr
Mo
linaro W
ay
Fernandez Ave
Cypress Ct
Clark Ave
Trolan Ln
Royal Pines Way
S Lake Dr
Stagecoach Rd
Alcosta Blvd
Maymont Ln
Davona Dr
Houston Pl
Locust Pl N
Penn Dr
Wildwo
od Rd
Boxw
ood W
ay
Woodren Ct
Te
rracina Dr
Evans Ave
Perugia St
Davis Ave
Amarillo Rd
Galway Ct
Loring Ave
Trinity Ct
Portage Rd
Denise Ct
W
allis R
anch Dr
Tassajara Rd
Cronin Cir
Stags Leap Ln
Marini St
Iglesia Dr
Via Zapata
Se
quoia Ave
Amanda St
Saddlecreek Ter
Donlon Way
Ventura Dr
Southbridge Way
7th St
Adams Ave
Montiano Ln
Albert Dr
Betlen Dr
Delm
ar Dr
Ione Ct
Powers St
4th St
Bloomfield Ter
Brookdale Ct
Mazzoni Te
Mulberry Pl
Thorndike Ln
Ducale W
ay
N Lake Dr
Round Hill Dr
Hillbrook Pl
Cardiff Dr
Reim
ers W
ay
Bent Tree Dr
Tamarack Dr
Chancery Ln
Montese Ct
Demarcus Blvd
Dover Ct
Jones St
Finnian W
ay
W
estside Dr
Pea
rl Pl
San
Vicient
e Ter
Contrada Ct
Collier Canyon Rd
W
illow Creek Dr
Holanda Ln
Peppertree Rd
Burton St
Campbell Ln
Flanders Way
Vinton Ave
Oak Bluff Ln
Eden St
13th St
11th St
Cherico Ln
Ferncroft Ct
Lilly Pad Lake Ct
Ridgeline Ct
Dillon W
ay
Casterson Dr
Brigadoon Way
Mancini Ct
Topaz C
ir
Cydonia Ct
Croy Ln
Carnmore Pl
Barner Blvd
Strafford Ct
Shadow Pl
Seine Ct
Oxford Pl
Sussex Dr
Gorham Ct
S Dean Dr
Vomac Ct
Buckeye Ct
Allen Rd
Hopyard Rd
Cerreto St
Pietro Pl
Pino Grande Rd
Loyalton Rd
Proposed Election Sequence:
2024: Districts 1 (Josey & McCorriston) and 4 (Hu)
2026: Districts 2 (Kumagai) and 3 (vacant)
Alternatve Election Sequence:
2024: Districts 3 (vacant) and 4 (Hu)
2026: Districts 1 (Josey & McCorriston) and 2 (Kumagai) �2021 CALIPER
606
Map 103
District 1
Total Pop 18,331
Deviation from ideal 464
% Deviation 2.60%
% Hisp 14.8%
% NH White 38%
% NH Black 3%
% Asian-American 40%
Total 12,241
% Hisp 13%
% NH White 58%
% NH Black 2%
% Asian/Pac.Isl. 26%
Total 11,109
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 9,443
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 6,874
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 17,354
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 61%
english 67%
spanish 7%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 36%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 87%
multi-family 13%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,054
-813
-4.55%
11%
28%
6%
51%
8,216
12%
42%
6%
39%
7,914
13%
12%
20%
3%
57%
7%
6,607
13%
12%
20%
3%
57%
7%
4,075
12%
11%
15%
3%
63%
7%
14,667
26%
62%
12%
36%
43%
56%
5%
20%
18%
14%
23%
39%
29%
40%
77%
7%
10%
8%
51%
24%
43%
57%
60%
40%
3 17,817
-50
-0.28%
13%
21%
5%
59%
8,054
16%
30%
7%
43%
7,174
8%
8%
34%
3%
47%
6%
6,209
8%
8%
34%
3%
46%
6%
3,284
8%
8%
29%
3%
51%
5%
11,633
28%
58%
13%
45%
52%
45%
5%
29%
21%
16%
18%
39%
31%
55%
69%
4%
3%
4%
51%
38%
72%
28%
34%
66%
4 18,266
399

2.23%
5%
13%
3%
78%
7,258
7%
21%
5%
65%
8,010
7%
7%
41%
3%
40%
8%
6,869
7%
7%
41%
3%
40%
8%
4,002
7%
7%
38%
3%
43%
7%
16,679
32%
56%
13%
49%
50%
37%
3%
41%
19%
19%
13%
38%
39%
59%
73%
4%
4%
5%
36%
50%
79%
21%
21%
79%
Total
71,468
1,277

7.15%
11%
25%
4%
57%
35,769
12%
41%
5%
41%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
05/12/2022 13:27 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
607
608
Map 104
District 1
Total Pop 17,887
Deviation from ideal 20
% Deviation 0.11%
% Hisp 15.0%
% NH White 39%
% NH Black 3%
% Asian-American 40%
Total 13,728
% Hisp 14%
% NH White 42%
% NH Black 3%
% Asian/Pac.Isl. 37%
Total 10,908
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 9,271
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 6,726
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 16,951
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 67%
spanish 7%
asian-lang 18%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 30%
bachelor 37%
graduatedegree 20%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 87%
multi-family 13%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,576
-291
-1.63%
18%
32%
7%
39%
14,024
18%
34%
7%
37%
7,433
13%
12%
17%
3%
60%
7%
6,213
12%
11%
17%
3%
61%
6%
3,655
11%
11%
11%
3%
68%
6%
13,003
25%
61%
14%
38%
43%
57%
6%
20%
17%
14%
26%
39%
25%
40%
72%
7%
9%
8%
55%
21%
50%
50%
55%
45%
3 18,413
546

3.06%
7%
19%
4%
68%
13,031
7%
21%
4%
65%
7,607
10%
9%
31%
3%
49%
7%
6,424
10%
9%
31%
3%
48%
7%
3,982
10%
9%
26%
3%
51%
7%
18,414
30%
58%
12%
37%
45%
42%
4%
35%
18%
18%
16%
39%
36%
51%
74%
5%
6%
7%
45%
37%
57%
43%
42%
58%
4 17,592
-275
-1.54%
4%
11%
2%
81%
11,600
4%
12%
2%
80%
8,259
6%
6%
45%
3%
37%
7%
7,220
6%
6%
45%
3%
37%
7%
3,872
6%
6%
42%
3%
40%
6%
11,966
32%
56%
12%
59%
57%
40%
3%
34%
23%
17%
13%
37%
39%
63%
74%
5%
1%
2%
33%
59%
94%
6%
11%
89%
Total
71,468
837

4.68%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/03/2022 15:49 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
609
610
Map 105
District 1
Total Pop 16,715
Deviation from ideal -1,152
% Deviation -6.45%
% Hisp 14.6%
% NH White 38%
% NH Black 3%
% Asian-American 41%
Total 12,844
% Hisp 14%
% NH White 42%
% NH Black 3%
% Asian/Pac.Isl. 38%
Total 10,155
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 8,631
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 6,267
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 70%
% NH Black est. 3%
ACS Pop. Est. Total 15,902
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 27%
naturalized 60%
english 68%
spanish 7%
asian-lang 17%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 38%
graduatedegree 21%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 70%
income 0-25k 5%
income 25-50k 9%
income 50-75k 7%
income 75-200k 50%
income 200k-plus 29%
single family 87%
multi-family 13%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,103
236

1.32%
16%
32%
6%
42%
14,007
17%
34%
6%
39%
8,383
12%
12%
19%
3%
61%
4%
7,081
12%
11%
19%
3%
61%
4%
4,397
10%
10%
14%
3%
66%
4%
14,168
25%
60%
15%
35%
43%
55%
6%
23%
16%
16%
26%
38%
24%
45%
69%
6%
9%
7%
56%
22%
59%
41%
47%
53%
3 19,583
1,716

9.60%
9%
20%
5%
64%
14,248
8%
23%
5%
61%
7,729
11%
10%
29%
3%
48%
9%
6,482
11%
10%
29%
3%
48%
9%
3,880
11%
10%
25%
3%
52%
9%
19,504
30%
59%
11%
38%
45%
43%
4%
35%
19%
18%
16%
39%
37%
49%
75%
5%
7%
7%
44%
36%
55%
45%
45%
55%
4 17,067
-800
-4.48%
4%
11%
2%
81%
11,284
4%
12%
2%
80%
7,940
6%
6%
45%
3%
37%
7%
6,934
6%
6%
45%
3%
37%
7%
3,691
6%
6%
42%
3%
40%
6%
10,759
32%
56%
12%
63%
57%
41%
3%
33%
23%
17%
13%
37%
39%
63%
75%
5%
1%
2%
33%
59%
93%
7%
12%
88%
Total
71,468
2,868

16.05%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/03/2022 17:32 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
611
612
Map 106
District 1
Total Pop 17,994
Deviation from ideal 127
% Deviation 0.71%
% Hisp 14.7%
% NH White 40%
% NH Black 3%
% Asian-American 39%
Total 13,706
% Hisp 14%
% NH White 44%
% NH Black 3%
% Asian/Pac.Isl. 36%
Total 11,102
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 2%
Total 9,460
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 67%
% NH Black 2%
Total 6,979
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 11%
% Filipino-Surnamed 2%
% NH White est. 72%
% NH Black est. 2%
ACS Pop. Est. Total 17,653
age0-19 26%
age20-60 55%
age60plus 19%
immigrants 26%
naturalized 59%
english 67%
spanish 6%
asian-lang 18%
other lang 9%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 36%
graduatedegree 22%
Child in Household child-under18 41%
Pct of Pop. Age 16+ employed 70%
income 0-25k 4%
income 25-50k 9%
income 50-75k 8%
income 75-200k 52%
income 200k-plus 27%
single family 86%
multi-family 14%
rented 25%
owned 75%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 17,555
-312
-1.75%
13%
29%
7%
48%
13,650
12%
33%
6%
46%
8,227
13%
12%
18%
3%
59%
7%
6,837
13%
12%
18%
3%
59%
7%
4,144
13%
12%
14%
3%
63%
7%
14,456
25%
63%
12%
36%
44%
58%
5%
20%
17%
15%
24%
40%
26%
38%
76%
8%
9%
8%
53%
22%
45%
55%
58%
42%
3 18,387
520

2.91%
11%
17%
4%
66%
13,023
13%
19%
4%
61%
7,162
7%
7%
38%
3%
42%
6%
6,265
7%
7%
38%
3%
42%
6%
3,300
7%
7%
33%
3%
46%
5%
14,707
31%
56%
12%
42%
54%
38%
4%
37%
21%
19%
14%
39%
36%
64%
70%
4%
3%
2%
40%
51%
88%
12%
17%
83%
4 17,532
-335
-1.87%
5%
13%
3%
76%
12,004
5%
15%
4%
74%
7,716
8%
8%
40%
3%
40%
8%
6,566
8%
8%
40%
3%
40%
8%
3,812
8%
7%
37%
3%
43%
8%
13,518
30%
57%
13%
55%
49%
41%
5%
36%
18%
17%
16%
38%
37%
51%
74%
5%
7%
6%
40%
41%
61%
39%
37%
63%
Total
71,468
855

4.79%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/03/2022 17:31 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
613
614
Map 107
District 1
Total Pop 17,806
Deviation from ideal -61
% Deviation -0.34%
% Hisp 11.8%
% NH White 33%
% NH Black 6%
% Asian-American 47%
Total 13,808
% Hisp 11%
% NH White 36%
% NH Black 6%
% Asian/Pac.Isl. 45%
Total 9,306
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 19%
% Filipino-Surnamed 2%
% NH White est. 62%
% NH Black 5%
Total 7,874
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 19%
% Filipino-Surnamed 2%
% NH White est. 62%
% NH Black 5%
Total 5,136
% Latino est. 10%
% Spanish-Surnamed 10%
% Asian-Surnamed 15%
% Filipino-Surnamed 2%
% NH White est. 68%
% NH Black est. 4%
ACS Pop. Est. Total 14,923
age0-19 25%
age20-60 59%
age60plus 16%
immigrants 32%
naturalized 54%
english 61%
spanish 5%
asian-lang 20%
other lang 13%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 25%
bachelor 38%
graduatedegree 24%
Child in Household child-under18 38%
Pct of Pop. Age 16+ employed 72%
income 0-25k 7%
income 25-50k 10%
income 50-75k 8%
income 75-200k 49%
income 200k-plus 27%
single family 67%
multi-family 33%
rented 38%
owned 62%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,095
228

1.28%
21%
38%
4%
32%
14,308
20%
40%
5%
30%
9,050
14%
13%
13%
3%
65%
4%
7,623
14%
13%
13%
3%
66%
4%
5,375
13%
12%
9%
3%
70%
4%
15,309
25%
58%
17%
32%
49%
65%
7%
18%
10%
11%
31%
37%
21%
42%
69%
4%
8%
8%
57%
22%
74%
26%
37%
63%
3 17,883
16 0.09%
6%
17%
3%
72%
12,226
6%
19%
4%
69%
8,286
9%
8%
37%
3%
44%
7%
7,135
8%
8%
37%
3%
44%
7%
4,323
8%
8%
33%
3%
47%
7%
18,027
31%
56%
13%
37%
51%
39%
4%
38%
20%
18%
14%
38%
37%
58%
72%
4%
4%
4%
40%
47%
76%
24%
25%
75%
4 17,684
-183
-1.02%
5%
13%
3%
77%
12,041
5%
15%
3%
76%
7,565
7%
7%
40%
3%
41%
7%
6,496
7%
7%
40%
3%
40%
7%
3,401
8%
8%
36%
3%
45%
6%
12,075
30%
59%
11%
59%
51%
44%
4%
31%
21%
17%
15%
38%
37%
51%
76%
5%
5%
6%
43%
40%
59%
41%
42%
58%
Total
71,468
411

2.30%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/06/2022 14:52 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
615
616
Map 108
District 1
Total Pop 15,243
Deviation from ideal -2,624
% Deviation -14.69%
% Hisp 14.9%
% NH White 39%
% NH Black 2%
% Asian-American 40%
Total 11,600
% Hisp 14%
% NH White 43%
% NH Black 2%
% Asian/Pac.Isl. 37%
Total 9,558
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 8,142
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 16%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 2%
Total 6,036
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 15,030
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 26%
naturalized 61%
english 68%
spanish 7%
asian-lang 17%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 38%
graduatedegree 21%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 9%
income 50-75k 7%
income 75-200k 49%
income 200k-plus 30%
single family 89%
multi-family 11%
rented 22%
owned 78%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 20,220
2,353

13.17%
17%
32%
7%
39%
16,152
18%
34%
7%
37%
8,783
13%
12%
16%
3%
60%
7%
7,342
13%
12%
16%
3%
61%
6%
4,345
12%
11%
11%
3%
68%
6%
14,924
25%
61%
14%
38%
45%
58%
6%
21%
15%
15%
27%
37%
24%
41%
72%
7%
9%
8%
55%
21%
54%
46%
51%
49%
3 14,697
-3,170
-17.74%
8%
19%
5%
66%
10,612
8%
22%
5%
63%
5,943
11%
11%
28%
3%
50%
8%
4,971
11%
10%
29%
3%
49%
7%
3,085
11%
10%
24%
3%
51%
7%
12,356
28%
60%
12%
41%
42%
47%
6%
29%
18%
17%
19%
40%
34%
45%
74%
6%
8%
8%
51%
27%
41%
59%
57%
43%
4 21,308
3,441

19.26%
4%
12%
2%
80%
14,019
4%
13%
2%
79%
9,923
6%
6%
44%
3%
38%
7%
8,673
6%
6%
44%
3%
38%
7%
4,769
6%
6%
40%
3%
42%
6%
18,023
32%
56%
12%
49%
56%
37%
2%
39%
22%
18%
12%
38%
40%
65%
73%
4%
1%
3%
32%
59%
95%
5%
9%
91%
Total
71,468
6,611

37.00%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/06/2022 15:50 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
617
618
Map 109
District 1
Total Pop 18,631
Deviation from ideal 764
% Deviation 4.28%
% Hisp 15.0%
% NH White 39%
% NH Black 3%
% Asian-American 39%
Total 14,292
% Hisp 14%
% NH White 42%
% NH Black 3%
% Asian/Pac.Isl. 37%
Total 11,407
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 3%
Total 9,693
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 15%
% Filipino-Surnamed 3%
% NH White est. 66%
% NH Black 3%
Total 7,021
% Latino est. 12%
% Spanish-Surnamed 12%
% Asian-Surnamed 12%
% Filipino-Surnamed 2%
% NH White est. 71%
% NH Black est. 3%
ACS Pop. Est. Total 17,924
age0-19 25%
age20-60 56%
age60plus 19%
immigrants 26%
naturalized 61%
english 68%
spanish 7%
asian-lang 17%
other lang 9%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 29%
bachelor 37%
graduatedegree 20%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 70%
income 0-25k 5%
income 25-50k 9%
income 50-75k 8%
income 75-200k 50%
income 200k-plus 28%
single family 86%
multi-family 14%
rented 24%
owned 76%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 15,273
-2,594
-14.52%
13%
32%
7%
44%
11,826
12%
35%
7%
43%
6,768
13%
12%
16%
3%
61%
7%
5,642
12%
11%
16%
3%
61%
6%
3,480
11%
11%
11%
3%
65%
6%
11,395
25%
61%
14%
39%
42%
57%
5%
21%
17%
15%
26%
38%
26%
41%
73%
7%
9%
8%
55%
21%
49%
51%
56%
44%
3 19,691
1,824

10.21%
6%
17%
4%
71%
13,671
6%
19%
4%
68%
7,845
9%
9%
32%
3%
47%
8%
6,645
9%
9%
33%
3%
47%
8%
3,894
10%
9%
28%
3%
51%
8%
17,995
30%
58%
12%
44%
46%
40%
4%
37%
18%
18%
16%
38%
37%
52%
74%
5%
6%
7%
43%
39%
59%
41%
40%
60%
4 17,873
6 0.03%
10%
13%
3%
71%
12,594
12%
15%
3%
67%
8,187
7%
7%
44%
3%
37%
6%
7,148
7%
7%
44%
3%
38%
6%
3,840
7%
6%
41%
3%
41%
5%
13,019
31%
56%
12%
48%
57%
42%
4%
32%
23%
17%
14%
38%
36%
62%
72%
5%
1%
2%
37%
55%
90%
10%
16%
84%
Total
71,468
4,418

24.73%
11%
25%
4%
57%
52,383
11%
28%
4%
54%
34,207
11%
10%
26%
3%
54%
6%
29,128
10%
10%
26%
3%
54%
5%
18,235
10%
10%
21%
3%
59%
5%
60,333
28%
58%
14%
39%
51%
52%
5%
27%
16%
15%
22%
38%
30%
47%
72%
5%
7%
7%
47%
34%
70%
30%
35%
65%
06/06/2022 16:42 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
619
From: Tom Evans
To: Marsha Moore
Subject: district voting map submittal
Date: Thursday, June 30, 2022 12:06:18 PM
Attachments: Dublin District Map - balance.pdf
Hello Ms. Moore –
I am submitting a proposed district-election map. It is published on the Dave’s Redistricting app as Dublin District Map – balance. It features a very balanced population, keeps Camp Parks together, keeps west Dublin together, does not dilute the Asian community vote, it uses primarily well-known street boundaries.

Would you please add this to the group of maps submitted by residents for consideration by the City Council?
Thank you,
Tom Evans
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Attachment 2
620
621
2 [email protected] |
https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dublin.ca.gov%2F&amp;data=05%7C01%7C %7C2da2ab30de7048f8425d08da55613c13%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C6379161733816901 50%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3 000%7C%7C%7C&amp;sdata=FZ8W1YPdGXegCVNEloqjm4hJKam76JDMIgHZh2AiaNE%3D&amp;reserved=0 Mission Statement: The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.

‐‐‐‐‐Original Message‐‐‐‐‐
From: Tom Evans <[email protected]>
Sent: Wednesday, June 22,
2022 2:17 PM
To: Marsha Moore <[email protected]>
Subject: question on district stats

Hello Ms. Moore ‐
Hope things are well.  I'm hoping to get some help with district map drawing ‐ specifically with statistics.  If you pop open the attachment, it has a page of statistics with many stats.  When drawing a map on Dave's app, I don' t see but two statistics ‐ 1) overall population, and 2) breakdown of ethnic population.  Where can I get all of those other stats?

In addition, I heard the demographer last night that people can contact here if they like.  What is her contact info?

Thank you,
Tom Evans
925‐997‐9625
CAUTION:

This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments un less you recognize the sender and know the content is safe.

622
From: Richard Li
To: Dublin Districts
Subject: Proposed Map for New Dublin Election Districts Date: Wednesday, July 6, 2022 1:28:39 AM
Attachments: block-assignments.csv
Hi all,

Hope everyone is having a nice week! Linking a proposed map (titled "Proposed Map
for New Dublin Election Districts" -- super creative stuff!) I whipped up for our city's redistricting efforts. Also attaching the block assignments of the map to this email. It's not perfect, but this is the best I could come up with in two hours. It was pretty fun!

This map is considering that the top three factors of consideration as mentioned during the City Council hearing on 6/21 are:

1. Keeping neighborhoods/communities of interest together

2. District lines falling on major roads/easily identifiable boundaries

3. Compactness
On that third point, you may notice that the most egregious part of this map is the little strip jutting out in a southwest direction at the bottom of District 4. Unfortunately, this was a relatively large chunk of land that couldn't be split up further. Same goes for that block at the bottom right of District 4, which is one large strip of land that runs pretty far north.

I also took school boundaries into consideration. Although not perfect, I did my best to keep school boundaries of all levels (elementary, middle, high) together.

Similarly, I did my best to keep neighborhoods of similar housing types together. For example, the Gleason Boulevard boundary between the northern border of District 3 and the southern border of District 4 was made specifically because the units above the line tend to be large single-family homes, while the units below the line tend to be more like townhouses and apartments. This remains true even considering the SCS Property land use plan, as that plan assumes larger, less dense units in the north with denser housing in the south.

I did my best to keep commercial/transit areas together:

District 1 contains Amador Plaza and the West Dublin/Pleasanton BART Station.

District 2 consolidates pretty much all of Downtown Dublin, the Dublin/Pleasanton BART Station (and the commercial shops around it), and Persimmon Place.

District 3 includes Hacienda Crossings and the Waterford Shops.

District 4 includes the Lowe's plaza in the southwest and Fallon Gateway in the southeast.

Finally, demographically, no district contains more or less than a 200- person differential than the average, and the 1.78% population deviation is well under the 10% threshold. We also have three majority-minority districts. One slight con to this map is that none of the four districts are considered "competitive," but this is a city where we have over twice as many registered Democrats as Republicans anyways, so drawing for "competitiveness" was not very realistic. 623

I tried my best! Please let me know if there are any questions, thanks!

Richard Li

624
City of Dublin
Public Hearing 4
July 19, 2022
Kristen Parks, Consultant625
2 Public Outreach Summary
❑ Digital
❑ Print
❑ In-person
July 19, 2022
626
3 Public Outreach
❑ Digital
❑ Dedicated Districting
Webpages
❑ Animated Video
❑ Weekly Social Media Content
(Facebook, Instagram, Twitter
and Nextdoor),
❑ 2 Facebook Ads
❑ Phone and Email Community
Group Outreach
❑ City Newsflashes
❑ Backyard Brief Newsletter
July 19, 2022
627
4 Public Outreach (cont.)
❑ Digital Advertising
❑ FB Ad #1: Animated Video, May
18 – May 24
■ Reach: 7,017
■ Engagement: 3,687
❑ FB Ad #2: Map Deadline, June 2
– June 5
■ Reach: 4,528
■ Engagement: 169
July 19, 2022
628
5 Public Outreach (cont.)
❑ Print
❑ Postcard shared with all postal
customers in Dublin
❑ Flyers
❑ Press Releases shared with
print media outlets
❑ Public Notices
❑ Mapping tools
July 19, 2022
629
6 Public Outreach (cont.)
❑ In-Person
❑ Two Community Workshops
(one virtual, one in person)
❑ City Staff participation at
weekly Farmers Market to pass
out flyers and mapping
materials
July 19, 2022
630
7 Districting Timeline
Step Description
Public Hearing 1
April 19, 2022
Overview of Process, Outreach Preview, Mapping Tools,
Communities of Interest; Community Feedback.

Workshops
(1) April 28, 2022
(2) May 4, 2022
Overview of Process, Parameters, Mapping Tools;
Community Feedback.

Public Hearing 2
May 17, 2022
Map Drawing Criteria, Communities of Interest; Mapping
Tools; Community Feedback.

Public Hearing 3
June 21, 2022
NDC and Community Draft Maps; Community Feedback.

July 6, 2022 Deadline to submit draft maps for Council consideration at the July 19th Public Hearing.

Public Hearing 4
July 19, 2022
7:00 pm
NDC and Community Revised Maps; City Council Selects
Finalist(s); Sequencing of District Elections.

July 19, 2022 631
8 Step Description
Public Hearing 5
August 16, 2022
7:00 pm
City Council Final Map Selection; Introduction of
Ordinance.

City Council Consent
Calendar
September 6, 2022
7:00 pm
Second Reading of Ordinance.

Districting Timeline (cont.)
July 19, 2022 632
9 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Respect voters’ choices /
continuity in office
Future population growth

1. Federal Laws 2. California Criteria for
Cities

1. Geographically contiguous

2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”

3. Other Traditional
Districting Principles
Districting Rules and Goals
July 19, 2022 633
Draft Maps (20)
June 21, 2022
Public Submissions (15) Demographer Maps (5)
Map 101
Map 102 (Not Population Balanced)
Map 103
Map 104
Map 105 (Not Population Balanced)
Map 106
Map 107
Map 108 (Not Population Balanced)
Map 109 (Not Population Balanced)
Map 110
Map 111
Map 112
Map 113
Map 114
Map 115 (Not Population Balanced)
Green Map
Orange Map
Purple Map
Gold Map
Pink Map
New Submissions (8)634
11 Staff Recommendation
◻ Receive the presentation
◻ Conduct the Public Hearing to receive input.
◻ Review and/or revise Draft Final Maps.
◻ Select a Final Map and determine election sequencing.

July 19, 2022 635
12 Map 110
July 19, 2022

4.87% Total Deviation
636
13 Map 111
July 19, 2022

1.46% Total Deviation
637
14 Map 112
July 19, 2022

1.79% Total Deviation
638
15 Map 113
July 19, 2022

0.83% Total Deviation
639
16 Map 114
July 19, 2022

9.96% Total Deviation
640
17 Map 115
July 19, 2022

14.06% Total Deviation
Not Population Balanced
641
18 Gold Map
July 19, 2022

3.12% Total Deviation
642
19 Pink Map
July 19, 2022

6.43% Total Deviation
643
20 Summary List of Balanced Maps (15)
June 21, 2022
Public Submissions (10) Total Dev. Demographer Maps (5) Total Dev.

Map 101
Map 103
Map 104
Map 106
Map 107
Map 110
Map 111
Map 112
Map 113
Map 114

3.55%

7.15%

4.68%

4.79%

2.30%

4.87%

1.46%

1.79%

0.83%

9.96%
Green Map
Orange Map
Purple Map
Gold Map
Pink Map

5.91%

7.76%

6.26%

3.12%

6.43%
644
Group 1
Map 113
Map 114
Gold Map
Orange Map
Map 103
Map 106
645
Group 2
Map 110
Map 111
Map 112
Map 104
646
Group 3
Purple Map
Pink Map
Map 107
647
24 Group 4
July 19, 2022
Green Map
Map 101
648
25 Summary List of Balanced Maps (15)
June 21, 2022
Public Submissions (10) Total Dev. Demographer Maps (5) Total Dev.

Map 101
Map 103
Map 104
Map 106
Map 107
Map 110
Map 111
Map 112
Map 113
Map 114

3.55%

7.15%

4.68%

4.79%

2.30%

4.87%

1.46%

1.79%

0.83%

9.96%
Green Map
Orange Map
Purple Map
Gold Map
Pink Map

5.91%

7.76%

6.26%

3.12%

6.43%
649
26 Staff Recommendation
◻ Receive the presentation
◻ Conduct the Public Hearing to receive input.
◻ Review and/or revise Draft Final Maps.
◻ Select a Final Map and determine election sequencing.

July 19, 2022 650
27 For More Information
Click “Subscribe” on
Dublin.ca.gov/DublinDistricts to sign up for
updates
Email: [email protected]
July 19, 2022 651

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