Agenda packet — Dublin City Council, February 6, 2024 (part 2 of 2)

AMENDMENT #1
TO
CONTRACT # 031121-TTC

THIS AMENDMENT is by and between Sourcewell and The Toro Company (Vendor).

Sourcewell awarded a contract to Vendor to provide Grounds Maintenance Equipment, Attachments, and Accessories with Related Services to Sourcewell and its Participating Entities, effective April 29, 2021, through April 30, 2025 (Contract).

The parties wish to amend the following terms within the Contract.

1. This Amendment is effective upon the date of the last signature below.

2. Vendor wishes to modify its pricing model to offer Product-category discounts off of current MSRP will apply as described in items 54-60. In Canada, the pricing model will be US MSRP multiplied by the exchange rate at the time of order (exchange rate based on the monthly average published rate at the time of order, according to the Bank of Canada – Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied. Bank of Canada – Monthly Exchange Rate:
https://www.bankofcanada.ca/rates/exchange/monthly-exchange-rates/

3. Vendor will offer a “Smart Value” volume discount that includes the following incentive for individual large orders.

Toro Commercial
Purchases
Customer
Goods
Toro Commercial
Purchases
Customer
Goods
$ 150K - $ 199K
$ 200K - $ 249K
$ 250K - $ 299K
$ 300K - $ 349K
$ 350K - $ 399K
$ 400K - $ 449K
$ 450K - $ 499K
$ 500K - $ 549K
$ 4,500
$ 6,000
$ 10,000
$ 12,000
$ 14,000
$ 16,000
$ 18,000
$ 20,000
$ 550K - $ 599K
$ 600K - $ 649K
$ 650K - $ 699K
$ 700K - $ 749K
$ 750K - $ 799K
$ 800K - $ 849K
$ 850K - $ 899K
$ 900K*
$ 22,000
$ 24,000
$ 26,000
$ 28,000
$ 30,000
$ 32,000
$ 34,000
$ 36,000

Only single Purchase Orders (POs) on Toro Commercial Equipment qualify. Multiple POs may not be combined to qualify.

Vendor-authorized distributors/dealers understand these are ceiling prices and may choose to provide additional discounts based on unit quantity or total purchase volume.

178
Sourcewell Contract #031121-TTC | Amendment #1

Page 2 of 2 ends

4. Vendor-authorized distributors/dealers may provide third-part equipment that attach to, or are used in, the configuration with any of Toro’s products. These products will be priced no higher than the products List Price.

Freight and setup fees may apply.

Vendor-authorized distributors/dealers may include setup fees – not to exceed 2% of the total Product cost, plus up to an additional 6% for cab-unit setups. Setup fees must be identified as a separate line- item on the quotation.

For the contiguous United States, delivery fees may be included at the distributor/dealer discretion – not to exceed 2% of the total product cost. Delivery fees must be identified as a separate line-item on the quotation.

For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at distributor/dealer discretion – delivery fees not to exceed 2% of the total product cost; freight not to exceed actual pass-through costs. Freight and deliver fees must be identified as a separate line-item on the quotation.

5. Vendor will encourage and incent its authorized dealers to provide contract terms to Sourcewell members consistent with the terms of this Amendment; however, participation in the program described in the Amendment will be at the discretion of each Toro dealer.

Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell The Toro Company

B y : B y :

Jeremy Schwartz, Chief Procurement Officer Brad Hamilton

D a t e : T i t l e :

Approved: Date:

B y :

Chad Coauette, Executive Director/CEO

D a t e :

179

May 12, 2022

Sourcewell
Contract# 031121-TTC-TTC
Andy Campbell, Supplier Development Supervisor
202 12th Street NE
Staples, MN 56479

Dear Mr. Campbell,

Due to unprecedented increases in commodity costs and extreme volatility in component availability and pricing related to all aspects of manufacturing logistics, we find it necessary to modify and provide clarity to our responses related to the following questions:

Table 10: Payment Terms and Financing Options

Line Item 51
Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity will process the Sourcewell participating entities’ purchase orders.

Change response to:

Sourcewell participating entities will work directly with Toro’s authorized local distributors/dealers to identify product options, availability, and receive initial pricing quotation.

Toro will communicate to its distributors/dealers that the following statement is to be provided on all quotations: “Pricing may be subject to change between the original order date and the delivery date.” In addition, Toro suggests the same language to be included in the Sourcewell participating entity’s PO or order agreement.

Prior to delivery, the distributor/dealer may reach out to the participating entity with updated pricing. The updated pricing will not exceed the category discounts off of current MSRP reflected at the time of delivery. At this time, the participating entity may accept the updated pricing and continue with the order or cancel the order without penalty.

Sourcewell participating entities may contact Toro (or Sourcewell) at any time to verify a specific distributor/dealer and/or confirm pricing provided by the local distributor/dealer. Entities may also confirm authorized distributors/dealers online at www.toro.com/locator .

After the order is complete, the local Toro distributor/dealer will deliver the product(s) to the participating entity and provide an invoice requesting payment. All quoting, billing, setup, delivery and ongoing maintenance of the equipment will be handled by the local distributors/dealers.

Toro distributors/dealers supporting the Sourcewell contract will receive rebates from Toro for equipment sold under the Sourcewell contract. Toro distributors/dealers will be required to submit documentation to 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 www.thetorocompany.com

The Toro Company
180
ensure compliance with the contract in order to receive their rebates. This information will be shared with Sourcewell directly from Toro on a quarterly basis, or as requested by Sourcewell. Toro has an impeccable track record of providing this information accurately and on time since the beginning of our first contract. We understand the importance of transparency and accurate reporting for Sourcewell and for Sourcewell participating entities.

Table 11: Pricing and Delivery
Line Item 53
Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response.

Change response to:

Product-category discounts off of current MSRP as reflected at the time of delivery will apply as described in items 54-60.

Toro will communicate to its dealers and distributors that the following statement is provided on all quotations “Pricing may be subject to change between original order date and delivery”. In addition, Toro suggests the same language to be included in the Sourcewell participating entity’s PO or order agreement. The updated pricing will not exceed the category discounts off of the current MSRP as reflected at the time of delivery.

In Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of delivery (exchange rate based on the monthly average published rate at the time of delivery, according to the Bank of Canada – Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied.

Bank of Canada – Monthly Exchange Rate:
https://www.bankofcanada.ca/rates/exchange/monthly-exchange-rates/ Line Item 54
Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.

No changes to previously amended response
Line Item 55
Describe any quantity or volume discounts or rebate programs that you offer.

No changes to previously amended response
Line Item 56
Propose a method of facilitating “sourced” products or related services, whic h may be referred to as
“open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.

No changes to previously amended response
Line Item 57
Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified 181
as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

C
hange response to:

Toro’s authorized distributors/dealers may include setup fees – not to exceed 5% of the total product cost, plus up to an additional 5% for cab-unit setups. Setup fees must be identified as a separate line- item on the quotation.

I
n addition, due to unprecedented market conditions it may be necessary for Toro, or our local distributors/dealers to implement temporary surcharges to offset the volatility of material and/or transportation costs. Surcharge requests will be sent through a Price and Product Change Request Form to the assigned Sourcewell Contract Administrator for approval.

Li
ne Item 58
If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.

C
hange response to:

For the contiguous United States, delivery fees may be included at the distributor/dealer discretion – not to exceed 5% of the total product cost.

Li
ne Item 59
Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.

C
hange response to:

For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at distributor/dealer discretion – delivery fees not to exceed 5% of the total product cost; freight not to exceed actual pass-through costs. Freight and deliver fees must be identified as a separate line-item on the quotation.

Li
ne Item 60
Describe any unique distribution and/or delivery methods or options offered in your proposal.

N
o changes to original response
For
any material changes requiring signature, please direct them to:

B
rad Hamilton
Group President
[email protected]
952-887-8815
Than
k you for your assistance.

Jon S
todola, CSE
Regional Business Manager – Government Contracts
[email protected]
612.597.3224
182
Number GI0224 Program GENERAL
PRIOR
YEARS 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS T
OTALS
9100 $104,000 $104,000
9200 $350,000 $350,000
9400 $721,000 $721,000
9500 $15,000 $15,000
9600 $650,000 $650,000
$1,840,000 $1,840,000
PRIOR
YEARS 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS T
OTALS
1001 $460,000 $460,000
2921 $1,380,000 $1,380,000
$1,840,000 $1,840,000

ANNUAL OPERATING IMPACT
State Grant - General
Salaries & Benefits
Contract Services
Improvements

IRRIGATION SYSTEM UPGRADES
TOTAL
2022-2027 CAPITAL IMPROVEMENT PROGRAM
Miscellaneous
Equipment

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
General Fund

PROJECT DESCRIPTION
The project will include the planning, design and installation of approximately sixty new irrigation controllers along streets, parks and facilities. System-wide communication upgrades with the Central Irrigation System will improve water conservation in response to daily weather conditions. Additionally, consultant services will be utilized to improve system optimization including site specific scheduling for upto twenty-five of the City's large landscapes. A series of training sessions will be held with the City's Maintenance Division to ensure the on-going operation of the system.

The $1.38 million idntified as "State Grant" is from the State of California - Deapartment of Water Resources Urban Community Drought Relief Grant,which was awarded to Alameda County Flood Control and Water Conservation District, Zone 7, as part of a grant application that included several projects from local sponsors in the Livermore-Amador Valley. All activities to implement the project must be completed by December 31, 2026, to be eligible for State Grant funding.

ANNUAL OPERATING IMPACT: Savings in water utility costs.

MANAGING DEPARTMENT: Public Works
Attachment 5
183
Amount
gi0224.2921 (33009310.49999) - (State Grant - Transfer In) 1,380,000.00 gi0224.1101 (33009310.49999) - (General Fund Reserve - Transfer In) 460,000.00 $104,000
$350,000
$721,000
$10,000
$3,000
$2,000
$650,000
1,380,000.00
460,000.00
1,380,000.00
2/6/2024
Posted By:
29210010.89101 - (State Grant - Transfer Out)
11010010.89101 - (General Fund Reserve - 33007 Assigned Reserve for Non-Streets Capital Improvement Program - Transfer Out)
gi0224.9500.9503 (Printing and Binding)
gi0224.9500.9504 (Legal Notices)
gi0224.9600.9605 (Machinery & Equipment)
gi0224.9200.9201 - (Contract Services)
gi0224.9400.9401 (Improvements)
gi0224.9500.9502 (Processing/Filing Fees)
Funding Sources
Expenses

CITY OF DUBLIN
The State Department of Water Resources awarded Zone 7 $2,242,500 in grant funds, which included $1,380,000 in grant funds for the City's Irrigation System Upgrades project. The grant funding requires a City match of $460,000 for a project budget of $1,840,000. The City match will be funded by the General Fund Assigned Reserve for Non-Streets Capital Improvement Program.

REASON FOR BUDGET CHANGE
FISCAL YEAR 2023-24

BUDGET CHANGE FORM
Account
GI0224 Dublin Irrigation System Upgrades
Transfers Out
Revenue Received
29210000.47261 - (State Grant - State Grant Other)

BUDGET INCREASE AMOUNT
gi0224.9100.9101 - (Staff Costs)
**********Finance Use Only**********
As Presented at the City Council Meeting
Attachment 6
184

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.8
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to Consolidated Impact Fee Administrative Guidelines Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider amendments to the City’s Consolidated Impact Fee Administrative Guidelines. The Guidelines are used in the administration of impact fees and include a section on the issuance of trip credit associated with unoccupied space that has been vacant for three years or less. Staff is proposing to remove this section, along with other non-substantive changes.

STAFF RECOMMENDATION:

Adopt the Resolution Amending the Consolidated Impact Fee Administrative Guidelines.

FINANCIAL IMPACT:

None.

DESCRIPTION:

On July 16, 2013, the City of Dublin City Council adopted Resolution No. 122-13 approving the Consolidated Impact Fee Administrative Guidelines for the administration of the City’s impact fee programs. Since that time, the Guidelines have been amended to reflect changes in the way the City administers the impact fee programs.

Section VI.K.3 of the Guidelines provides direction for issuing trip credits for transportation impact fees when there has been a vacancy in a building of three calendar years or less. Staff proposes that the Guidelines be amended to remove the restriction of three years or less and allow trip credits associated with the land use prior to the building’s vacancy be issued to a new tenant who will be occupying the space. An example of this is the vacant building located at 7884 Dublin Blvd. (formerly occupied by Orchard Supply Hardware) which has been vacant for more than three years. The new tenant, H Mart, who has signed a lease to occupy the building would not receive trip credits associated with the former retailer because the building has been vacant for 185

Page 2 of 2 ends

more than three years. Therefore, H Mart would be required to bear the full cost of impact fees with no reductions applied for trips generated by the prior tenant.

Eliminating the "three years or less vacancy" limitation will enhance the City's economic development initiatives, facilitating the attraction, retention, and growth of businesses. This is particularly important as the City moves forward with the Downtown development plan.

Moreover, lifting this restriction will simplify the process of applying trip credits, eliminating potential barriers for businesses to occupy vacant buildings. Staff receives requests from prospective tenants seeking the waiver of this provision, and Staff, when appropriate, has accommodated these requests.

Additional amendments to the Guidelines are non-substantive in nature or clarifications, such as correcting a typo, changing references from Administrative Services Department to Finance Department, correcting Illustrative Example 8 to remove the reference to length of building vacancy, and adjusting calculations in the Illustrative Examples to reflect the new Public Facility Fee program that went into effect on January 1, 2024.

Lastly, Staff proposes to include the Minimum Cash Payment requirement, which is outlined in Resolution No. 144-21 in the Guidelines to make it more apparent and concise in one document.

All changes are shown in the redlined version of the Guidelines (Attachment 3).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Amending the Consolidated Impact Fee Administrative Guidelines 2) Exhibit A to the Resolution – City of Dublin Consolidated Impact Fee Administrative Guidelines 3) City of Dublin Consolidated Impact Fee Administrative Guidelines (Redline version) 186
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE CONSOLIDATED IMPACT FEE ADMINISTRATIVE GUIDELINES WHEREAS, on July 16, 2013, the City Council adopted the Consolidated Impact Fee Guidelines ("the Guidelines"), which superseded the Guidelines previously adopted for the Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee and Public Facilities Fee (Resolution No. 122-13); and
WHEREAS, the City Council also adopted Resolution No. 123-13 to establish a single policy for exemptions for impact fees; and
WHEREAS, on July 15, 2014, the City Council adopted the amendment to the Guidelines by allowing a credit holder to extend expiring credits with a five-year extension for an additional year (Resolution No. 117-14); and
WHEREAS, on June 16, 2016, the City Council adopted the amendment to the Guidelines by allowing Fee Credits to exist in perpetuity and not convert to a right to reimbursement at the end of credit period; one-time allowance for current Right-to-Reimbursement agreements to be re-converted to Fee Credits; and City Manager' s authorization to approve the conversion of credits from one parkland and improvement category to another parkland and improvement (Resolution No. 111-15); and
WHEREAS, on September 6, 2016, the City Council adopted the amendment to the Guidelines due to change fee description to Western Dublin Transportation Impact Fee from Downtown Traffic Impact Fee (Resolution No. 147-16); and WHEREAS, on August 15, 2017, the City Council adopted the amendment to the Guidelines to not allow Fire Impact Fee Credits to exist in perpetuity and allow current Fire Impact Fee Credits that exist in perpetuity to be converted to right to reimbursement with the approval of the City Manager (Resolution 109-17); and
WHEREAS, on December 21, 2021, the City Council adopted a revision to the Eastern Dublin Traffic Impact Fee for future development within the eastern Dublin area, renaming the program as the Eastern Dublin Transportation Impact Fee, and updating the Consolidated Impact Fee Administrative Guidelines (Resolution No. 144-21); and WHEREAS, the City now wishes to amend the Guidelines to remove the requirement for unoccupied space to remain vacant for three years or less in order to issue trip credits, and make the associated updates as well as non-substantive clarifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the amended Consolidated Impact Fee Administrative Guidelines attached hereto as Exhibit A.
187
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
188
Attachment 2
189
b
Document Description
Amendment Control
Project Name Eastern Dublin Transportation Impact Fee Update Related Documents City of Dublin General Plan (Amended –February - 2022), Downtown Dublin Specific Plan (Amended - January -2024 ), City of Dublin Bicycle and Pedestrian Master Plan (Updated January - 2023)
Document Name Consolidated Impact Fee Administrative Guidelines File Path G:\TRANSPORTATION\TIF\Eastern
Dublin\2021\12062021_materials_F&P
Date Document Approved February 6, 2024
City Council
Resolution
Amendment
Date
Description of Change
122-13 07/16/2013 Adoption of Consolidated Impact Fee Guidelines, Superseding previously adopted individual fee program guidelines
117-14 07/15/2014 Extension of Credit Life and Right-to-Reimbursement 111-15 06/16/2015 Extension of Credit for Perpetuity, Right-to- Reimbursement, and Park Credit Conversion
147-16 09/06/2016 Western Dublin Transportation Impact Fee Update 109-17 08/05/2017 Fire Facilities Fee Credit and Right-to-Reimbursement 144-21 12/21/2021 Eastern Dublin Transportation Impact Fee ___-24 02/06/2024 Removal of three (3) years or less vacancy requirement for unoccupied space for issuance of trip credits and inclusion of Minimum Cash Payment
190
Table of Contents
I. Introduction/Overview..................................................................................................................... 1 II. Authority of City Manager to Interpret Situations Not Covered ..................................................... 1 III. Fee Administration...........................................................................................................................2 A. Responsible Departments...................................................................................................... 2 B. Effective Fees........................................................................................................................ 2 C. Basis for Calculating Fees for Projects not Covered in Fee Resolutions.............................. 2 IV. Payment Records ............................................................................................................................. 3 V. Other Miscellaneous Administrative Guidelines ............................................................................. 4 A. Refunds ................................................................................................................................. 4 B. Annual Review of Fee Collection......................................................................................... 4 C. Funds and Accounting .......................................................................................................... 4 D. Exemptions ........................................................................................................................... 5 E. Administrative Fees .............................................................................................................. 6 VI. Developer Fee Credits......................................................................................................................6 A. General.................................................................................................................................. 7 B. Fee Credit/Reimbursement Agreement Required ................................................................. 7 C. Calculating the Fee Credits................................................................................................... 8 D. Use of Fee Credits................................................................................................................. 9 E. Use of Fee Credits requires Completion of Facility or Performance Bonds......................... 9 F. Transferring of Credits........................................................................................................ 10 G. Options At or Prior to Expiration of Credit Life................................................................. 10 H. Reimbursement Rights (Excluding EDTIF Section II Residential BART Garage Fees).... 11 I. Process for Reimbursement of Reimbursement Rights.......................................................11 J. Procedures for Construction of Designated Facilities by Developers................................. 12 K. Guidelines for Issuing Trip Credits for Transportation Impact Fees .................................. 12 L. Eastern Dublin Transportation Impact Fee-Section II Residential BART Garage ............. 13 Appendix A: Illustrative Examples

191
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 1

CITY OF DUBLIN CONSOLIDATED IMPACT FEE

ADMINISTRATIVE GUIDELINES
I. Introduction/Overview
The City of Dublin Consolidated Impact Fee Administrative Guidelines “Guidelines” apply to the Western Dublin Transportation Impact Fees (adopted by the City Council of the City of Dublin through Resolution 210-04 and as subsequently amended), the Eastern Dublin Transportation Impact Fees (adopted by the City Council of the City of Dublin through Resolution 1-95 and as subsequently amended), the Public Facilities Fees (adopted by the City Council of the City of Dublin through Resolution 32-96 and as subsequently amended), the Fire Facilities Fees (adopted by the City Council of the City of Dublin through Resolution 37-97 and as subsequently amended), the Noise Mitigation Fee (adopted by the City Council of the City of Dublin through Resolution 33-96 and as subsequently amended), and the Non-Residential Development Affordable Housing Impact Fee (adopted by the City Council of the City of Dublin through Resolution 70-05 and as subsequently amended) which fees are, unless otherwise provided, hereinafter referred to as the "Fee" or "Fees." Except as otherwise provided herein, terms used in these Guidelines shall be defined in the same manner as such terms are defined in the Resolution.

The application of these Guidelines will, at times, refer to various reference documents adopted by the City of Dublin. These documents include the City's General Plan, Specific Plans, and the most recent Impact Fee Studies. Such reference documents are subject to change and may affect the application of these Guidelines.

II. Authority of City Manager to Interpret Situations Not Covered Should situations arise not covered by these Guidelines, the City Manager will have the authority to determine how the resolutions, ordinances, guidelines, and agreements will be administered.

Such interpretations by the City Manager will be in writing, and the City Manager’s determination will be final and not appealable.
192
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 2 III. Fee Administration
A. Responsible Departments
The Finance Department serves as the lead department to gather and coordinate the information necessary to calculate the Fee. The Community Development Department is responsible for determining the intended land use. The Public Works Department is responsible for determining the number of vehicle trips assigned to the project.

B. Effective Fees
The Fee will be collected at the filing of final map and/or at the issuance of building permit for the development project, unless otherwise provided in the applicable Fee Resolution, or developer enters into a fee deferral agreement with the City. This section shall be applicable whether the Fees are paid in cash or a credit is used.

C. Basis for Calculating Fees for Projects not Covered in Fee Resolutions The Fees for projects will be calculated as provided for in the Fee Resolutions. However, in certain circumstances, the applicable resolutions may not appropriately reflect or apply to a particular project. Examples of this situation could include, but not be limited to mixed use projects or projects that involve land uses that are not included in the Resolution. In those situations, the Guidelines presented in this section will be applied.

For non-residential development projects in which the land use is not included in the definitions contained in the applicable Fee Resolution, the Community Development Director will determine which of the defined categories is appropriate, maintaining as much consistency as possible with the definition of such terms.

For mixed-use development projects in all Fee programs other than the Western Dublin Transportation Impact Fee, the Community Development Director will determine the projected percentage of each of the uses at the time of Final Map, other appropriate entitlement, or building permit is approved. The Fee will be calculated on a pro-rata basis for each different land use. If the project contains both residential and non-residential portions, the Fee will be based upon the residential per dwelling unit or per square foot schedule for the residential portion and the non- residential per square foot schedule for the non-residential portion. (Note that the Western Dublin Transportation Impact Fee directly addresses the effects of mixed-use development.) 193
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 3 If the use(s) are unknown at the time of obtaining a building permit and the building permit does not include adequate interior details to determine the intended use, the use for the initial fee calculation purposes will be determined by the Community Development Director. Any Fee discrepancy as a result of a different final use of the property will be calculated and reconciled at the time that a building permit is issued for interior tenant improvements. Such reconciliation may result in an additional Fee or a partial refund of previously paid Fee(s). This fee calculation shall be at the rate in effect at the issuance of building permit.

Quasi-public uses (churches, non-profit organizations, etc.) shall be subject to the Fees. For these uses, the Community Development Director will determine which of the categories most appropriately reflects the land use and allocate the project to this category. Affordable housing projects developed by government agencies and/or non-profit entities will be subject to the same Fees that are assessed on private residential development.

Where the Fee in question is calculated based on trips generated, the Fee Schedule of the applicable Approving Resolution for the Fee will define appropriate trip rates to be used for the calculation of the Fees. If an applicant disagrees with the Fee calculated based on trips generated by the proposed project per respective Fee program, including but not limited to quasi-public uses, applicant may make a written request to the Public Works Director, requesting that the City undertake a specific traffic study for the purpose of determining the estimated trip generation of the proposed development project. The applicant shall be responsible for all costs associated with the study.

If the Public Works Director determines that the land use of the proposed development project is not appropriately reflected in the Fee Schedule to the Resolution or that the intensity of the proposed land use is not consistent with the adopted land use categories in the Fee Schedule to the Resolution, the Public Works Director will have the option of requiring a traffic analysis or utilizing an existing relevant study for the purpose of determining the estimated trip generation of the proposed development project. The applicant shall be responsible for all costs associated with the study.

IV. Payment Records
The Finance Department will record the payment of the Fees. Records will be maintained to comply with refunding requirements as prescribed by State Law. The Finance Department will obtain a mailing address from each payor, as well as the applicable Assessor’s Parcel Number, and will note the payor as the entity or person whose name appears as the applicant for the building permit. The Finance Department will maintain the records for a period of 10 years from their collection, unless 194
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 4 a legal mandate exists for a longer retention.

V. Other Miscellaneous Administrative Guidelines
A. Refunds
Refunds of Fees associated with withdrawn applications or projects on which construction has not commenced, will be done in accordance with the procedures outlined in the Dublin Municipal Code Section 7.28.450.

If, pursuant to said procedures for paid building permits, a refund is no longer available, and if, within 10 years of the original payment of the Fees, new building permits are issued for a project on the subject property, the developer of the new project shall be required to pay only the difference between the amount of the Fees that were originally paid, and the amount of the Fees in effect at the time of issuance of building permits for the new project. This calculation of the difference in Fee amounts shall be done on a Fee by Fee basis. Thus, if any one Fee is reduced or eliminated between the time of the original payment and the issuance of building permits for the new project, the original payment amount for that reduced or eliminated Fee shall not be included in the calculation of the amount owed for the other Fees.

B. Annual Review of Fee Collection
The City has existing procedures for complying with State Law in regards to accounting for developer Fees. The Finance Department will maintain records to provide the following items:
 A brief description of the Fee;
 An identification of the improvements and the percentage of cost of the improvements which the Fee will be expended upon; and
 For improvements which are funded and yet to be completed, an identification of an expected date by which construction of the facilities will commence.

C. Funds and Accounting
The City will incorporate the following items into its accounting procedures, which are the responsibility of the Finance Department:
 The City will maintain a separate fund for the collection and expenditure of Fees.  The City will allocate interest to Fees collected in the fund based upon month end cash 195
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 5 balances.
 The City will identify, in accordance with State Law, the beginning and ending balance of the funds held for the Fee as of fiscal year end.
 The City will identify the amount of Fees collected and interest earned in each fiscal year for Fees.
 The City will provide a description and accounting of any inter-fund transfers made by the Fee fund.
 The City will calculate reimbursements annually within 180 days of each fiscal year end.  The City will file an annual accounting of all development impact fees with the City Council and for public inspection within 180 days of each fiscal year end.

D. Exemptions

1. Total Exemption. The following types of development will be exempt from the collection of Fees:
a) Any alteration or addition to a residential structure, except to the extent that a residential unit (e.g., second dwelling unit) is added to a single-family unit, or another unit is added to an existing multi-family building.
b) Any replacement or reconstruction of an existing single-family residential structure that has been destroyed or demolished. This exception shall not apply to the extent that the replacement or reconstruction includes the addition of a residential unit (e.g., second dwelling unit).
c) Any replacement or reconstruction of an existing multi-family residential structure without changing the use type as a residential structure that is not part of a mixed used development and that has been destroyed or demolished. This exception shall not apply to the extent that the replacement or reconstruction increases the number of residential units on the property. d) Eastern Dublin Transportation Impact Fee only. Some of the retail uses within the Eastern Dublin Transit Center and the Fairway Ranch High-Density Residential Development may be considered ancillary to the adjoining residential uses and therefore may not generate outside vehicle trips. The Public Works Director shall provide the final determination of land uses that could be considered ancillary. If a land use is found to be not completely ancillary, an appropriate Fee per trip will be charged in accordance with the provisions of these guidelines.
e) The City Council, in its sole discretion, may waive the applicability of the Fee to certain development constructed or to be constructed by a public entity on land having an 196
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 6 appropriate General Plan land use designation upon findings of the City Council that such a waiver is in the interest of the public health, safety, and/or welfare, for reasons specified in the findings.
f) Any alteration or addition to a non-residential building or structure resulting in a net increase of no more than 500 square feet.
g) Any Accessory Dwelling Unit (ADU) that is less than 750 square feet in size per the requirements of Assembly Bill 345.

2. Partial Exemption – Applicable only to Western Dublin and Eastern Dublin TIF A partial exemption may be granted based on prior Fees paid as follows:

If after paying the Fees for a specific development project, the project is demolished and replaced by a new type of development, an exemption may be given for up to the amount which was paid by the prior development project. In the event that the replacement project would result in a lower Fee, the new development shall not accrue any unused credit or reimbursement rights. Any change in use outside of the establishment of the Fee program shall be obligated to pay the entire Fee except to the extent that another exemption applies. Any Transportation Impact Fees will be calculated using the procedures outlined in these Guidelines.

E. Administrative Fees
Developers will pay the City administrative fees, provided the fees are established in the City's Master Fee Schedule, to cover the costs associated with:
 The establishment of the credit/reimbursement agreement  Credit transfers
 Annual credit/Right to Reimbursement maintenance and monitoring F. Minimum Cash Payment – Applicable to the Eastern Dublin TIF The minimum cash payment for the Eastern Dublin Transportation Impact Fee shall be 11% of the total Fee due (Resolution 144-21). Developers may utilize credits for the remainder of the Fee, if authorized by the Guidelines.

VI. Developer Fee Credits
This section applies only to the Western Dublin Transportation Impact Fee, Eastern Dublin 197
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 7 Transportation Impact Fee, Public Facilities Fee, Fire Facilities Fee, Non-Residential Affordable Housing Impact Fee, and the definitions contained in the Resolutions establishing and amending said Fees shall apply. Unless otherwise indicated, all references to the "Fee" or "Fees" in this section shall mean only the Western Dublin Transportation Impact Fee, Eastern Dublin Transportation Impact Fee, Public Facilities Fee, Fire Facilities Fee, and Non-Residential Affordable Housing Impact Fee.

A. General
This section establishes the authority for providing credits and/or reimbursement to developers who construct and/or dedicate any of the improvements and facilities for which the Fees are imposed.

When such public improvements and facilities are constructed and/or dedicated by a developer, the developer shall be given a credit when appropriate to be applied against the Fees due for the development project. The amount of the credit shall be determined pursuant to these Guidelines. If the amount of the credit is greater than the Fees due for the development project, the developer may, subject to the restrictions described herein, use the credit toward the Fees for another development project or transfer the credit to another eligible developer in accordance with these guidelines. If the developer cannot use or transfer the credit within 10 years, then the credit will convert to a reimbursement right unless the developer first extends the credits as provided for in Section VI.G of these Guidelines.

B. Fee Credit/Reimbursement Agreement Required
The allotment of Fee credits and/or provision for a reimbursement will only occur in accordance with a written credit/reimbursement agreement between the City and the developer responsible for the construction of the Fee facilities or dedication of land.

1. All Fee credits will be granted by use of a standard agreement approved by the City Attorney.

2. This credit/reimbursement agreement will be entered into at the time the improvements are secured and/or the right-of-way is accepted for dedication. The terms of this agreement may, at the City's discretion, be included in the agreement entered into with the City to secure certain public improvements as contained on a Final Parcel Map or Final Subdivision Map.

3. Any credits, which are unused within 10 years following their creation, pursuant to Section VI.G.a of these Guidelines, shall convert to a right to reimbursement, unless the developer first extends the credits as provided for in Section VI.G.b of these Guidelines. 198
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 8

4. Neither a credit nor the right to reimbursement shall either be increased for inflation or accrue interest. The park land right to reimbursement amount shall be based on land value at the time of dedication.

5. Credits are transferable, with the written approval of the City Manager, provided that the administrative fee is paid, as specified in these Guidelines.

6. The developer will sign the fee credit/reimbursement agreement attesting that it obtained a copy of these Guidelines and they were read, understood, and accepted.

7. Prior to the 2021 Update, the Eastern Dublin Transportation Impact Fee distinguished between Section I and Section II improvements and, therefore, credits earned by Section I and Section II improvements could only be used to offset fees for that same category. These distinctions were eliminated in the 2021 Update to the Eastern Dublin Transportation Fee.

After the effectiveness of the 2021 Update to the Eastern Dublin Transportation Fee, any previously created credits that were denominated “Section I” or “Section II” credits can be used to satisfy Eastern Dublin Transportation Impact Fee obligations for which credits can be used.

8. With respect to the Eastern Dublin Transportation Impact Fee, no Fee credits shall be established for the "Residential BART Garage Fee" (formerly known as “Section II Residential BART Garage”) component of the Fee. Payments from those monies shall be made in accordance with subsection VI.L below.

9. With respect to the Public Facilities Fee, the City Manager may approve the conversion of credits from one park land category to another park land category based on the land values conversion ratio or may approve the conversion of credits from one park improvement category to another park improvement category. Park land credits cannot convert to park improvement credits nor can park improvement credits convert to park land credits. Any such conversion shall require an amendment to the credit/reimbursement agreement that documents the existing credits or a new credit/reimbursement agreement if the credits have not been documented. Requests for conversion under this section must be made in writing and the decision to approve or deny a request is made at the sole discretion of the City Manager. The City Manager shall approve the conversion only if he or she finds that the conversion would not materially change the Public Facilities Fee program's ability to deliver the acreage in each category specified in the program. This provision does not apply to any other category in the Public Facilities Fee program.

C. Calculating the Fee Credits

1. General
The fee credit/reimbursement agreement will identify the total credit for Fee improvements/facilities constructed or land dedicated for a particular development project. 199
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 9 The contributed land or improvements must be the facilities described in the applicable Fee Resolutions and/or any subsequent replacement resolutions. There must be a minimum value of $50,000 in improvements and/or right of way dedicated before credits will be allotted to a developer.

2. Determination of Value
The Public Works Director will determine the value of the contributed improvements/facilities based upon improvement plans submitted by the developer and approved by the City, which plans shall quantify the size of the Fee facilities to be constructed or dedicated. It is recognized that, in some cases, the scope of construction or dedication will not exactly match the Fee facilities shown in the exhibits to the Fee Resolution.

The credits will be the lesser of the following: a) the estimated cost of the improvements as noted in the Resolution and/or any subsequent replacement resolution; or b) the pro- rated value of the improvement using the standard cost measurements in the Resolution and/or any subsequent replacement resolution. The Fee credits cannot exceed the cost estimates of the improvements in the most recent Fee study and resolution. In no case shall the fee credits include facility financing costs. See Appendix A for illustrative examples 1 through 6, which pertain to this section.

D. Use of Fee Credits

1. Credits expire when used or 10 years from the date of the credit/reimbursement agreement, whichever occurs first.

2. Developer can request that a credit exists in perpetuity, with the exception of the Fire Facilities Fee. To exercise this option, developer must make a written request to the City Manager or designee, and the credit will not be eligible to convert to a right to reimbursement.

The value of the credits will be listed in the agreement and applied as credits to the Fees as authorized by the developer. The City's Finance Department will keep record of credit utilization and balance.

3. Only the developer who builds or dedicates the Fee facilities will be entitled to the original or initial credits, until such time as they may be transferred in accordance with these Guidelines.

E. Use of Fee Credits requires Completion of Facility or Performance Bonds Fee credits cannot be used by the developer until the developer has either:

1. Dedicated the land or constructed improvements/facilities representing the credits to the 200
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 10 City; or

2. Provided the City with a performance bond and a labor and materials bond or other adequate security to ensure that the improvements will be constructed prior to the first Certificate of Occupancy for any building that is part of the project. The performance bond or other security shall be in an amount equal to 100% of the engineer's estimated cost to construct the improvements and the labor and materials bond shall be written by a surety licensed to conduct business in the State of California and approved by the City Manager or designee. See Appendix A for illustrative example 7, which pertains to this section.

F. Transferring of Credits

1. The original holder of credits can request a transfer of credits to a person owning an interest in property that is subject to the same category of the Fee in question. Such transactions shall be subject to an administrative fee, which shall cover the City's administrative costs associated with the credit transfer. The administrative fee shall be established in the City's Master Fee Schedule.

2. There is no limit on the number of times that credits can be transferred between developments.

3. In certain circumstances, and as required in the interest of equity, the City Manager may, at his or her sole discretion, authorize the transfer of credits to a person who does not own an interest in property subject to the Fee.

G. Options At or Prior to Expiration of Credit Life
At or prior to expiration of the credit, the developer has the following options:
a) The expired unused fee credit shall automatically convert to a reimbursement right as provided for under these Guidelines unless developer submits a written request for extension no more than six (6) months prior and no less than three (3) months prior to the credit expiration date or with City Manager's approval if the request passes the City's required timeframe. The period for right to reimbursement extends 10 years from the date of expiration.
b) As an alternative, developer can request that credits, other than credits created under the Fire Facilities Fee, exist in perpetuity and not convert to a right to reimbursement. To exercise this option, developer must make a request, in writing, no more than six (6) months prior and no less than three (3) months prior to credit expiration, or with City Manager's approval if the request passes the City's required timeframe. Developer must secure a written approval from the City Manager or designee for the request. Credits cannot be re- converted to a right to reimbursement.
201
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 11 o Developers that have Fire Facilities Fee credits that would exist in perpetuity may request that the credits be converted to a right to reimbursement with approval, in writing, by the City Manager.

H. Reimbursement Rights (Excluding Eastern Dublin Transportation Impact Fee Residential BART Garage Fees)
Reimbursement rights are created from the conversion of Fee credits, which occurs 10 years after the initial date of the credit/reimbursement agreement, or after credit extension. Right to reimbursement life is 10 years. Reimbursement rights are subject to the following specific guidelines:

1. Reimbursement will only be from funds that were collected in payment of the same Fee as the one for which a developer is seeking reimbursement.

2. The City will determine the amount of funds available for reimbursement on an annual basis based on Fee programs, such as the Eastern Dublin Transportation Impact Fee and Western Dublin Transportation Impact Fee, and the Public Facilities Fee programs.

I. Process for Reimbursement of Reimbursement Rights

1. Determination of Funds Available for Reimbursement
Within 180 days of the end of each fiscal year, the Finance Department will make an accounting of all Fees collected for the fiscal year that just ended. The Finance Department will also determine, for each of the Fees, the amount of Fee funds that are unspent and unplanned. The remaining funds (the reimbursement set-aside) will be used to reimburse holders of reimbursement rights for facilities already contributed, if any such reimbursement rights exist.

2. Allocating the Reimbursement Set-Aside to Outstanding Reimbursement Rights In the event that the City designates that a reimbursement set-aside is available, 50% will be used to pay the oldest reimbursement right outstanding. If the oldest right is paid off before this portion of funds is entirely consumed, then the balance of the 50% will go toward the next oldest right. This portion of reimbursement set-aside funds will be allocated according to this method until it is exhausted. The other half of the reimbursement set-aside will be allocated to all remaining reimbursement rights on a pro-rata basis according to their amounts outstanding, including the remaining un-reimbursed portion of the oldest agreement. Unused reimbursement set-aside funds will not be carried over to another fiscal year. See Appendix A for illustrative example 7, which pertains to this section.

This guideline does not apply to any Fire Facilities Fee reimbursement that was converted from a credit in perpetuity. Upon such conversion, the City Manager shall have the authority, in writing, to establish the right to reimbursement priorities for rights of 202
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 12 reimbursement.

J. Procedures for Construction of Designated Facilities by Developers

1. With respect to the Western Dublin Transportation Impact Fee and the Eastern Dublin Transportation Impact Fee, the improvements requested to be constructed or dedicated must be submitted for approval in writing to the Public Works Director no later than 30 calendar days prior to the approval of the Final/Parcel Map on the development project.

Absent a Map, a letter must be submitted for approval prior to the approval of the improvement agreement. The submittal of the improvement plans and/or description of area to be dedicated shall be in sufficient detail, as determined by the Public Works Director, for the Public Works Director to make a determination regarding the approval.

The developer constructing or dedicating improvements in lieu of paying a portion of the Fee must post a performance bond before the issuance of any grading and/or building permits for the construction of the improvements.

2. With respect to the Public Facilities Fee (PFF), developers may, with City approval, be permitted to design and construct facilities included in the PFF program. The design and construction materials/methods must be in accordance with standard City specifications, and City inspectors shall be responsible for construction inspection throughout the duration of the construction period. The PFF Facilities to be constructed or dedicated by the developer must be submitted for approval in writing to the Public Works Director no later than 30 calendar days prior to the approval of the Final/Parcel Map or improvement program on the development project. The submittal of the improvement plans and/or description of area to be dedicated shall be in sufficient detail, including the layout of timeline/milestones of the construction, as determined by the Public Works Director, for the Public Works Director to make an informed determination regarding the approval. The developer constructing or dedicating PFF Facilities in lieu of paying a portion of the Fee must post a performance bond and a labor and materials bond before the issuance of any grading and/or building permits for the construction of the PFF Facilities.

K. Guidelines for Issuing Trip Credits for Transportation Impact Fees

1. Trip credit shall be determined by the City based upon the adopted trip generation rates as specified in the Fee program. See Appendix A for illustrative examples 8 through 11, which pertain to this section.

2. Trip credits shall follow the land use and not the user. For example, assume User X relocates from Space A to Space B, both of which are located within the Western Dublin TIF area. User X shall not receive trip credit for vacating Space A. User X shall be charged the appropriate TIF amount for moving into Space B, subject to receiving trip credit as specified below. Similarly, the appropriate TIF amount shall be charged to the next user of 203
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 13 Space A, subject to the appropriate trip credit.

3. Trip credit associated with unoccupied space shall be issued based on the most recent land use if the building has been vacant prior to the date when a use permit is issued to the new user.

4. TIF calculations/trip credit for uses, other than Urgent Care Medical Office, located within a general office building that houses multiple tenants (such as professional services, insurance companies, investment brokers, bank or savings and loan institutions, medical offices, restaurant or cafeteria, retail facilities, etc.) shall be based upon a uniform trip generation rate for Standard Commercial Office as specified in the Fee Program. For Urgent Care Medical Office use within a general office building, the trip generation rate for Clinic, as specified in the Fee program, shall be used to calculate the TIF and the trip credit.

5. Trip credit for uses located within a shopping center containing retail stores, as well as nonmerchandising facilities (such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, recreational facilities, etc.) shall be based upon a uniform trip generation rate for the appropriate type of Shopping Center as specified in the Fee program.

L. Eastern Dublin Transportation Impact Fee - Residential BART Garage

1. Payment to Alameda County Surplus Property Authority (ACSPA) for $6 million of BART Garage Costs (Residential BART Garage, formerly known as Section II Residential BART Garage).

Payment to Alameda County Surplus Property Authority is subject to the following specific guidelines:
a) The maximum to be disbursed from Fees collected shall be six million dollars ($6,000,000), which amount shall not be increased for any reason including inflation. In addition, any accrued interest pending disbursement shall be disbursed to ACSPA. b) Disbursement will be only from the Eastern Dublin Transportation Impact Fee Residential BART Garage Fee and will not come from any other source including the City's General Fund.
c) The amount disbursed will depend on the payment of fees by development subject to the fee. There is no guarantee that ACSPA will receive a total of six million dollars 204
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 14 ($6,000,000).
d) The City will determine and report on an annual basis to ACSPA, the amount of funds collected from the Residential BART Garage Fee and the amount available for disbursement, including interest accrued prior to disbursement, if any. e) The procedure for distributing the disbursements to ACSPA is described below.

2. Process for Payment to ACSPA - Residential BART Garage Fee Funds a) Initial Distribution of Residential BART Garage Fee Funds i. Once the BART Garage has been accepted by BART and made available for public use, the ACSPA shall provide to the City a written certification of the completion of the BART Garage.
ii. Within 45 days of receipt of the certification described above, City shall calculate the balance of funds available in Residential BART Garage fee, as of the first day of the month preceding the date of the notice. City shall also calculate and account for accrued interest based on the quarterly balance of Residential BART Garage Fees and the earning rate applied to pooled funds managed by the City. City shall remit to ACSPA the funds as calculated along with a report showing the maximum remaining Fees that may be paid to ACSPA.
iii. Thereafter, funds shall be distributed on an annual basis as described below. b) Annual Determination of Residential BART Garage Fee Funds Available for Payment i. Within 180 days of the end of each fiscal year, the Finance Department will make an accounting of all Residential BART Garage Fees collected, and not previously disbursed, for the fiscal year that just ended. This shall include accrued interest. ii. The City shall distribute to ACSPA, Residential BART Garage Fees available, to the extent that the total distribution including previous payments, excluding any amounts paid as interest, does not exceed the maximum amount described above. iii. The Finance Department shall annually report to the ACSPA the current balance remaining in Residential BART Garage Fees that may be paid. 205
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 15 Appendix A: Illustrative Examples
206
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 16 Illustrative Example 1 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): Assume that a developer dedicates land for the partial widening of a major street to offset the Fees due from a development project. To qualify for a credit, this roadway widening project must be included in the relevant Transportation Impact Fee program. The land dedication to be applied for a Fee credit shall not include improvements immediately adjacent to the development project, as these improvements are entirely the responsibility of the developer and are not to be funded by the Fee. To qualify for a credit for the improvements immediately adjacent to the development project, these improvements must be included in the relevant Fee program. The Resolution used a standard cost measurement on the current value per square foot for right-of-way dedication in calculating the TIF. The Fee credits due to the developer can be calculated by determining the square footage of the land to be dedicated multiplied by the proper square foot cost measurement after automatic annual adjustments based on the change in land acquisition costs.

Illustrative Example 2 (Western Dublin Transportation Impact Fee): A developer constructing multi-family homes contributes traffic signal improvements (TIF improvement) valued at $200,000. Assume that the Fee at the time totals $2,497 per dwelling unit. The credit of $200,000 will cover approximately 80.10 dwelling units. When the building permit is issued for the 81st dwelling unit, the developer will have used up the credit and will have to begin paying the Fee.

Illustrative Example 3 (Eastern Dublin Transportation Impact Fee): A developer constructing single-family homes has a fee credit of $200,000 from previous construction of improvements that were part of the prior Section I Eastern Dublin TIF program. The Eastern Dublin TIF program no longer makes a distinction between Section I and Section II improvements. The Fee credits can be used to offset the developer’s future Eastern Dublin TIF obligations as allowed per the minimum cash payment requirement (see section V.F. of these Guidelines). Assume that the Eastern Dublin TIF at the time totals $13,613 per home. The credit of $200,000 can be used against the developer's Eastern Dublin TIF obligation and will cover approximately 14.69 homes. When the building permit is issued for the 15th home, the developer will have used up the credit and will have to begin paying the Eastern Dublin TIF.

Illustrative Example 4 (Public Facilities Fee): Assume that a developer improves 10 acres of land for a planned 20-acre community park to offset the Fees due for the Community Parks Improvement Fee component. The last adopted Fee study used a standard cost estimate of $1,320,000 per acre for calculating the cost of improved community park land. The Fee credit due to the developer will be calculated using this cost estimate (10 acres, $1,320,000 per acre = $13,200,000). 207
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 17 Illustrative Example 5 (Public Facilities Fee): A developer constructing single-family homes in Dublin contributes neighborhood park improvements valued at $200,000. The Neighborhood Parks Improvements portion of the Fee for a single-family home is $3.98 of the total Fee of $19.27. The developer must pay a Fee of $15.29 per square foot of each single-family home (total Fee of $19.27 less credit of $3.98) until the $200,000 credit is used up. This credit will cover the Neighborhood Parks Improvements component of the Fee for the first 50,251 square feet of single-family homes constructed ($200,000/$3.98 = 50,251). When the developer applies for the building permit for the home that exceeds 50,251 square feet, he or she will begin paying this component of the Fee with the balance of the Public Facilities Fee due for the project.

Illustrative Example 6 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): A developer is constructing certain street improvements, which will be dedicated to the City to offset a portion of the Fee. The improvements are a project in the Fee Program. The developer supplies the City with a right-of-way conveyance, a performance bond, and a labor and materials bond for the completion of the street improvements. Fee credits can be used in advance of completing the improvements, since the City is assured that the land will be dedicated and the improvements will be completed.

Illustrative Example 7 (Eastern Dublin Transportation Impact Fee) : During one fiscal year, the City collects $88,000 in Fees for Eastern Dublin TIF improvements. The total outstanding reimbursements owed for the Eastern Dublin TIF are $100,000 to the following developers:

Developer A (the oldest agreement): $50,000
Developer B: $20,000
Developer C: $30,000
For the upcoming fiscal year, the City retains $44,000 for improvements not built by developers and allocates $44,000 as the reimbursement set-aside to reduce current reimbursement obligations. $22,000 (50% of the $44,000) of the reimbursement setaside is used to pay Developer A, who holds the oldest agreement. Developer A now has $28,000 of outstanding reimbursements (beginning balance of $50,000 less the $22,000 payment). The other half of the reimbursement set- aside ($22,000) is allocated proportionally to all three parties who currently hold reimbursement rights as follows:
208
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 18 Holder of
Reimbursement
Current Value of
Reimbursement
Owed
Percent of Total
Reimbursements
Outstanding
Amt. of $22,000
Reimbursement
Distributed
Reimbursement
Balance
Remaining
Developer A $28,000 35.90% $7,898.00 $20,102.00
Developer B $20,000 25.64% $5,640.80 $14,359.20
Developer C $30,000 38.46% $8,461.20 $21,538.80
TOTAL $78,000 $22,000.00 $56,000.00
Illustrative Example 8 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X moves his/her fast food restaurant business into an individual (standalone) building located within the TIF area. Previous use of the building consisted of a sit- down restaurant, which was vacated prior to User X obtaining his/her use permit. Would User X be entitled to trip credit?
Answer: Yes, he/she would be entitled to trip credit for the previous sit-down restaurant use which generates fewer trips than a fast food restaurant. User X would pay TIF based on the net trips estimated for his/her project.

Illustrative Example 9 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X (insurance company office) and User Y (dental office) occupy office space in two separate general office buildings (building A and building B, respectively).

Both buildings are located within the Western Dublin TIF area. The two users have decided to switch office spaces (e.g., User X would relocate to the space in building B and User Y would relocate to the space in building A). Would either user be required to pay TIF? Answer: No, because as each user moves into the other space, he/she would receive full trip credit for the previous use, based on the uniform trip generation rate for Standard Commercial Office as specified in the Fee program. Note: Although User Y operates a dental office, which generates more trips than an insurance company office (User X), the same trip generation rate (i.e., Standard Commercial Office) is used in both cases to calculate the TIF, as both uses are proposed to take place within a general office building.

Illustrative Example 10 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X proposes to change the use of his/her individual (standalone) space within the Western Dublin TIF area from Health Club to Bowling Center/Video Arcade. How would the TIF be determined?
Answer: The TIF would be determined based on the net change in trips estimated for the proposed 209
City of Dublin Consolidated Impact Fee Administrative Guidelines – February 2024 Page 19 project. For example, User X would be charged TIF based on the proposed Bowling Center/Video Arcade use but would receive trip credit for the discontinued Health Club use.

Illustrative Example 11 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X proposes to establish an Urgent Care Medical Office within a general office building by replacing existing retail/restaurant uses located on the first floor of the building. How would the TIF trip credit be determined?
Answer: The trip credit would be determined based on the trip generation rate for Standard Commercial Office. Note: The TIF would be based upon the increase in trips due to the proposed project (e.g., the difference between Clinic trips and Standard Commercial Office trips). 210
Attachment 3

211

b
Document Description

Amendment Control

Project Name Eastern Dublin Transportation Impact Fee Update Related Documents City of D ublin General Plan (Amended November -– 2014February - 2022 ), Downtown Dublin Specific Plan (Amended - October 2014 January -2024 ), City of Dublin Bicycle and Pedestrian Master Plan (Updated October – 2014January - 2023)
Document Name Consolidated Imp act Fee Administrative Guidelines File Path G:\TRANSPORTATION\TIF\Eastern
Dublin\2021\12062021_materials_F&P
Date Document Approved December 21, 2021February 6, 2024 City Council
Resolution
Amendment
Date
Description of Change
122-13 07/16/2013 Adoption of Consolidated Impact Fee Guidelines, Superseding previously adopted individual fee program guidelines
117-14 07/15/2014 Extension of Credit Life and Right-to-Reimbursement 111-15 06/16/2015 Extension of Credit for Perp etuity, Right-to-Reimbursement, and Par k Credit Conversion
147-16 09/06/2016 Western Dublin Transportation Impact Fee Update 109-17 08/05/2017 Fire Facilities Fee Credit and Right-to-Reimbursement 144-21 12/21/2021 Eastern Dublin Transportation Impact Fee ___-24 02/06/2024 Removal of three (3) years or l ess vacancy requirement for unoccupied space for issuance of trip credits and inclusion of Minimum Cash Payment

212
Table of Contents
I. Introduction/Overview ..................................................................................................................... 1 II. Authority of City Manager to Interpret Situations Not Covered ..................................................... 1 III. Fee Administration ............................................................................................................ .............. 2 A. Responsible Departments ...................................................................................................... 2 B. Effective Fees ........................................................................................................................ 2 C. Basis for Calculating Fees for Projects not Covered in Fee Resolutions .............................. 2 IV. Payment Records ............................................................................................................... ............ 34 V. Other Miscellaneous Administrative Guidelines ............................................................................. 4 A. Refunds ................................................................................................................................. 4 B. Annual Review of Fee Collection ......................................................................................... 4 C. Funds and Accounting ........................................................................................................ 45 D. Exemptions .................................................................................................................... ....... 5 E. Administrative Fees .............................................................................................................. 6 VI. Developer Fee Credits.......................................................................................................... ............ 7 A. General .................................................................................................................................. 7 B. Fee Credit/Reimbursement Agreement Required ................................................................. 7 C. Calculating the Fee Credits ................................................................................................... 9 D. Use of Fee Credits ................................................................................................................. 9 E. Use of Fee Credits requires Completion of Facility or Performance Bonds ....................... 10 F. Transferring of Credits ........................................................................................................ 10 G. Options At or Prior to Expiration of Credit Life ................................................................. 10 H. Reimbursement Rights (Excluding EDTIF Section II Residential BART Garage Fees) .... 11 I. Process for Reimbursement of Reimbursement Rights ...................................................... 11 J. Procedures for Construction of Designated Facilities by Developers ................................. 12 K. Guidelines for Issuing Trip Credits for Transportation Impact Fees .............................. 1213 L. Eastern Dublin Transportation Impact Fee-Section II Residential BART Garage ......... 1314

Appendix A: Illustrative Examples

213

City of Dublin Consolidated Impact Fee Administrative Guidelines – December 2021February 2024 Page 1

CITY OF DUBLIN CONSOLIDATED IMPACT FEE

ADMINISTRATIVE GUIDELINES

I. Introduction/Overview
These City of Dublin Consolidated Im pact Fee Administrative Guidelines “Gguidelines” apply to the Western Dublin Transportation (formerly known as the Downtown Traffic) Impact Fees (adopted by the City Council of the City of Dublin through Resolution 210-04 and as subsequently amended), the Eastern Dublin Transportation (formerly known as the Eastern Dublin Traffic) Impact Fees (adopted by the City Council of the City of Dublin through Resolution 1-95 and as subsequently amended), the Public Facilities Fe es (adopted by the City Council of the City of Dublin through Resolution 32-96 and as subseque ntly amended), the Fire Facilities Fees (adopted by the City Council of the City of Dublin through Resolution 37-97 and as subsequently amended), the Noise Mitigation Fee (adopted by the City Council of the City of Dublin through Resolution 33-96 and as subsequently amended), and the No n-Residential Development Affordable Housing Impact Fee (adopted by the City Council of the C ity of Dublin through Resolution 70-05 and as subsequently amended) which fees are, unless othe rwise provided, hereinafter referred to as the "Fee" or "Fees." Except as otherwise provided he rein, terms used in these Guidelines shall be defined in the same manner as such terms are defined in the Resolution.

The application of these Guidelines will, at times, refer to various reference documents adopted by the City of Dublin. These documents include the City's General Plan, Specific Plans, and the most recent Impact Fee Studies. Such reference documen ts are subject to change and may affect the application of these Guidelines.

II. Authority of City Manager to Interpret Situations Not Covered Should situations arise not covered by these Guide lines, the City Manager will have the authority to determine how the resolutions, ordinances, gui delines, and agreements will be administered.

Such interpretations by the City Manager will be in writing, and the City Manager’s determination will be final and not appealable.

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III. Fee Administration
A. Responsible Departments
The Administrative Services Finance Department serves as the lead department to gather and coordinate the information necessary to calcu late the Fee. The Community Development Department is responsible for determining the intended land use. The Public Works Department is responsible for determining the number of vehicle trips assigned to the project.

For non-residential development projects in which the land use is not included in the definitions contained in the applicable Fee Resolution, th e Community Development Director will determine which of the defined categories is appropriate, maintaining as much cons istency as possible with the definition of such terms.

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If the use(s) are unknown at the time of obtaining a building permit and the building permit does not include adequate interior de tails to determine the intended use, the use for the initial fee calculation purposes will be determined by th e Community Development Director. Any Fee discrepancy as a result of a different final use of the property will be calculated and reconciled at the time that a building permit is issued for interior tenant improvements. Such reconciliation may result in an additional Fee or a partial refund of previously paid Fee(s). This fee calculation shall be at the rate in effect at the issuance of building permit.

Quasi-public uses (churches, non-profit organizations, etc.) shall be subject to the Fees. For these uses, the Community Development Director w ill determine which of the categories most appropriately reflects the land use and allocate th e project to this category. Affordable housing projects developed by government agencies and/or non-profit entities will be subject to the same Fees that are assessed on private residential development.

Where the Fee in question is calculated based on trips generated, the Fee Schedule of the applicable Approving Resolution for the Fee will define appropriate trip rates to be used for the calculation of the Fees. If an applicant disagrees with the Fee calculated based on trips generated by the proposed project per respective Fee program, including but not limited to quasi-public uses, applicant may make a written request to the P ublic Works Director, requesting that the City undertake a specific traffic study for the purpose of determining th e estimated trip generation of the proposed development project. The applicant shall be responsible for all costs associated with the study.

If the Public Works Director determines that th e land use of the proposed development project is not appropriately reflected in the Fee Schedule to the Resolution or that the intensity of the proposed land use is not consistent with the adopted land use categories in the Fee Schedule to the Resolution, the Public Works Director will have the option of requiring a traffic analysis or utilizing an existing relevant study for the purpose of determining th e estimated trip generation of the proposed development project. The applicant shall be responsible for all costs associated with the study.

IV. Payment Records
The Administrative ServicesFinance Department will record the payment of the Fees. Records will be maintained to comply with refunding requirements as prescribed by State Law. The Administrative ServicesFinance Department will obtain a mailing address from each payor, as well as the applicable Assessor’s Parcel Number, and will note the payor as the entity or person whose name appears as the applicant for the building permit. The Administrative Services Finance 216

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Department will maintain the records for a period of 10 years from their collection, unless a legal mandate exists for a longer retention.

If, pursuant to said procedures for paid building pe rmits, a refund is no longer available, and if, within 10 years of the original payment of the F ees, new building permits are issued for a project on the subject property, the developer of the new project shall be required to pay only the difference between the amount of the Fees that were originally paid, and the amount of the Fees in effect at the time of issuance of building permits for the ne w project. This calculation of the difference in Fee amounts shall be done on a Fee by Fee basis. Th us, if any one Fee is reduced or eliminated between the time of the original payment and the issuance of building permits for the new project, the original payment amount for that reduced or eliminated Fee shall not be included in the calculation of the amount owed for the other Fees.

B. Annual Review of Fee Collection
The City has existing procedur es for complying with State La w in regards to accounting for developer Fees. The Administrative ServicesFinance Department will maintain records to provide the following items:
 A brief description of the Fee;
 An identification of the improvements and th e percentage of cost of the improvements which the Fee will be expended upon; and
 For improvements which are funded and yet to be completed, an identification of an expected date by which construction of the facilities will commence.

C. Funds and Accounting
The City will incorporate the following items into its accounting procedures, which are the responsibility of the Administrative ServicesFinance Department:
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 The City will maintain a separate fund for the collection and expenditure of Fees.  The City will allocate interest to Fees co llected in the fund based upon month end cash balances.
 The City will identify, in accordance with State Law, the beginning and ending balance of the funds held for the Fee as of fiscal year end.
 The City will identify the amount of Fees collect ed and interest earned in each fiscal year for Fees.
 The City will provide a description and accounting of any inter-fund transfers made by the Fee fund.
 The City will calculate reimbursements annually within 180 days of each fiscal year end.  The City will file an annual accounting of a ll development impact fees with the City Council and for public inspection within 180 days of each fiscal year end.

D. Exemptions

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e) The City Council, in its sole discretion, ma y waive the applicability of the Fee to certain development constructed or to be constructed by a pub lic entity on land having an appropriate General Plan land use designation upon findings of the City Council that such a waiver is in the interest of the public health, safety, and/or welfare, for reasons specified in the findings.
f) Any alteration or addition to a non-residential building or structure resulting in a net increase of no more than 500 square feet.
g) Any Accessory Dwelling Unit (ADU) that is less than 750 square feet in size per the requirements of Assembly Bill 345.

2. Partial Exemption – Applicable only to Western Dublin and Eastern Dublin TIF A partial exemption may be granted based on prior Fees paid as follows:

If after paying the Fees for a specific development project, the project is demolished and replaced by a new type of development, an exemption ma y be given for up to the amount which was paid by the prior development project. In the event that the replacement project would result in a lower Fee, the new development shall not accrue any unused credit or reimbursement rights. Any change in use outside of the establishment of the Fee pr ogram shall be obligated to pay the entire Fee except to the extent that another exemption ap plies. Any Transportation Impact Fees will be calculated using the procedures outlined in these Guidelines.

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VI. Developer Fee Credits
This section applies only to the Western Dublin Transportation Impact Fee, Eastern Dublin Transportation Impact Fee, Public Facilities Fee, Fire Facilities Fee, Non-Residential Affordable Housing Impact Fee, and the definitions contai ned in the Resolutions establishing and amending said Fees shall apply. Unless otherwise indicated, all references to the "Fee" or "Fees" in this section shall mean only the Western Dublin Transportatio n Impact Fee, Eastern Dublin Transportation Impact Fee, Public Facilities Fee, Fire Faciliti es Fee, and Non-Residential Affordable Housing Impact Fee.

When such public improvements and facilities are constructed and/or dedicated by a developer, the developer shall be given a credit when appropria te to be applied against the Fees due for the development project. The amount of the credit shall be determined pursuant to these Guidelines. If the amount of the credit is greater than the Fees due for the development project, the developer may, subject to the restrictions described he rein, use the credit toward the Fees for another development project or transfer the credit to a nother eligible developer in accordance with these guidelines. If the developer cannot use or transfer the credit within 10 years, then the credit will convert to a reimbursement right unless the devel oper first extends the credits as provided for in Section VI.G of these Guidelines.

1. All Fee credits will be granted by use of a standard agreement approved by the City Attorney.

2. This credit/reimbursement agreement will be entered into at the time the improvements are secured and/or the right-of-way is accepted fo r dedication. The terms of this agreement may, at the City's discretion, be included in the agreement entered into with the City to secure certain public improvements as cont ained on a Final Parcel Map or Final Subdivision Map.
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5. Credits are transferable, with the written approv al of the City Manager, provided that the administrative fee is paid, as specified in these Guidelines.

6. The developer will sign the fee credit/reimbursement agreement attesting that it obtained a copy of these Guidelines and they were read, understood, and accepted.

8. With respect to the Eastern Dublin Transpor tation Impact Fee, no Fee credits shall be established for the "Residential BART Gara ge Fee" (formerly known as “Section II Residential BART Garage”) component of the Fee. Payments from those monies shall be made in accordance with subsection VI.L below.

9. With respect to the Public Facilities Fee, the City Manager may approve the conversion of credits from one park land category to another park land category based on the land values conversion ratio or may appr ove the conversion of credits from one park improvement category to another park improvement category. Park land credits cannot convert to park improvement credits nor can park improvement credits convert to park land credits. Any such conversion shall require an amendment to the credit/reimbursement agreement that documents the existing credits or a new credit/reimbursement agreement if the credits have not been documented. Requests for conversion under this section must be made in writing and the decision to approve or deny a request is made at the sole discretion of the City Manager. The City Manager shall approve the conversion only if he or she finds that the conversion would not materially change th e Public Facilities Fee program's ability to deliver the acreage in each category specified in the program. This provision does not apply to any other category in the Public Facilities Fee program. 221

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C. Calculating the Fee Credits

1. General
The fee credit/reimbursement agreement will identify the total credit for Fee improvements/facilities constructed or land dedicated for a particular development project.

The contributed land or improvements must be the facilities described in the applicable Fee Resolutions and/or any subsequent replaceme nt resolutions. There must be a minimum value of $50,000 in improvements and/or right of way dedicated before credits will be allotted to a developer.

2. Determination of Value
The Public Works Director will determine the value of the contributed improvements/facilities based upon improvement plans submitted by the developer and approved by the City, which plans shall quan tify the size of the Fee facilities to be constructed or dedicated. It is recognized that, in some cases, the scope of construction or dedication will not exactly match the Fee fa cilities shown in the exhibits to the Fee Resolution.

The credits will be the lesser of the following: a) the estimated cost of the improvements as noted in the Resolution and/or any subse quent replacement resolution; or b) the pro- rated value of the improvement using the st andard cost measurements in the Resolution and/or any subsequent replacement resoluti on. The Fee credits cannot exceed the cost estimates of the improvements in the most recent Fee study and resolution. In no case shall the fee credits include facility financing costs. See Appendix A for illustrative examples 1 through 6, which pertain to this section.

D. Use of Fee Credits

1. Credits expire when used or 10 years from the date of the credit/reimbursement agreement, whichever occurs first.

2. Developer can request that a credit exists in perpetuity, with the exception of the Fire Facilities Fee. To exercise this option, devel oper must make a written request to the City Manager or designee, and the credit will not be eligible to convert to a right to reimbursement.

The value of the credits will be listed in the agreement and applied as credits to the Fees as authorized by the developer. The City's Administrative ServicesFinance Department will keep record of credit utilization and balance.

3. Only the developer who builds or dedicates the Fee facilities will be entitled to the original or initial credits, until such time as they ma y be transferred in accordance with these Guidelines.
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E. Use of Fee Credits requires Completion of Facility or Performance Bonds Fee credits cannot be used by the developer until the developer has either:

1. Dedicated the land or constructed improvement s/facilities representing the credits to the City; or

2. Provided the City with a performance bon d and a labor and materials bond or other adequate security to ensure that the improve ments will be constructed prior to the first Certificate of Occupancy for any building that is part of the project. The performance bond or other security shall be in an amount equal to 100% of the engineer's estimated cost to construct the improvements and the labor and materials bond shall be written by a surety licensed to conduct business in the State of California and approved by the City Manager or designee. See Appendix A for illustrative example 7, which pertains to this section.

F. Transferring of Credits

1. The original holder of credits can request a transfer of credits to a person owning an interest in property that is subject to the same cate gory of the Fee in question. Such transactions shall be subject to an administrative fee, wh ich shall cover the City's administrative costs associated with the credit transfer. The administrative fee shall be established in the City's Master Fee Schedule.

2. There is no limit on the number of times th at credits can be transferred between developments.

3. In certain circumstances, and as required in th e interest of equity, the City Manager may, at his or her sole discretion, authorize the transfer of credits to a person who does not own an interest in property subject to the Fee.

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exercise this option, developer must make a request, in writing, no more than six (6) months prior and no less than three (3) months prior to credit expiration, or with City Manager's approval if the request passes the City's required timeframe. Developer must secure a written approval from the City Manager or desi gnee for the request. Credits cannot be re- converted to a right to reimbursement.
o Developers that have Fire Facilities Fee credits that would exist in perpetuity may request that the credits be converted to a right to reimbursement with approval, in writing, by the City Manager.

H. Reimbursement Rights (Excluding Eastern Dublin Transportation Impact Fee Residential BART Garage Fees)
Reimbursement rights are created from the conversi on of Fee credits, which occurs 10 years after the initial date of the credit/reimbursement agre ement, or after credit extension. Right to reimbursement life is 10 years. Reimbursement rights are subject to the following specific guidelines:

1. Reimbursement will only be from funds that were collected in payment of the same Fee as the one for which a developer is seeking reimbursement.

2. The City will determine the amount of f unds available for reimbursement on an annual basis based on Fee programs, such as the E astern Dublin Transportation Impact Fee and Western Dublin Transportation Impact Fee, and the Public Facilities Fee programs.

I. Process for Reimbursement of Reimbursement Rights

1. Determination of Funds Available for Reimbursement
Within 180 days of the end of each fiscal year, the Administrative Services Finance Department will make an accounting of all Fees collected for the fiscal year that just ended.

The Administrative ServicesFinance Department will also determine, for each of the Fees, the amount of Fee funds that are unspent and unplanned. The remaining funds (the reimbursement set-aside) will be used to reimburse holders of reimbursement rights for facilities already contributed, if any such reimbursement rights exist.

2. Allocating the Reimbursement Set-Aside to Outstanding Reimbursement Rights In the event that the City d esignates that a reimbursement set-aside is available, 50% will be used to pay the oldest reimbursement right outstanding. If the oldest right is paid off before this portion of funds is entirely c onsumed, then the balance of the 50% will go toward the next oldest right. This porti on of reimbursement set-aside funds will be allocated according to this method until it is exhausted. The other half of the reimbursement set-aside will be allocated to all remain ing reimbursement rights on a pro-rata basis according to their amounts outstanding, including the remaining un-reimbursed portion of 224

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the oldest agreement. Unused reimbursement set-aside funds will not be carried over to another fiscal year. See Appendix A for illustrative example 7, which pertains to this section.

This guideline does not apply to any Fire Facilities Fee reimbursement that was converted from a credit in perpetuity. Upon such conve rsion, the City Manager shall have the authority, in writing, to establish the right to reimbursement priorities for rights of reimbursement.

J. Procedures for Construction of Designated Facilities by Developers

1. With respect to the Western Dublin Trans portation Impact Fee and the Eastern Dublin Transportation Impact Fee, the improvements requested to be constructed or dedicated must be submitted for approval in writing to the Public Works Director no later than 30 calendar days prior to the approval of the Final/Parcel Map on the development project.

Absent a Map, a letter must be submitted fo r approval prior to the approval of the improvement agreement. The submittal of th e improvement plans and/or description of area to be dedicated shall be in sufficient detail, as determined by the Public Works Director, for the Public Works Director to make a determination re garding the approval.

2. With respect to the Public Facilities Fee (PFF) , developers may, with City approval, be permitted to design and construct facilities in cluded in the PFF program. The design and construction materials/methods must be in accordance with standard City specifications, and City inspectors shall be responsible for construction inspection throughout the duration of the construction period. The PFF Facilities to be constructed or dedicated by the developer must be submitted for approval in writing to the Public Works Director no later than 30 calendar days prior to the approva l of the Final/Parcel Map or improvement program on the development project. The s ubmittal of the improvement plans and/or description of area to be dedicated shall be in sufficient detail, including the layout of timeline/milestones of the construction, as dete rmined by the Public Works Director, for the Public Works Director to make an informed determination regarding the approval. The developer constructing or dedicating PFF Fac ilities in lieu of paying a portion of the Fee must post a performance bond and a labor and materials bond before the issuance of any grading and/or building permits for the construction of the PFF Facilities.

K. Guidelines for Issuing Trip Credits for Transportation Impact Fees

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2. Trip credits shall follow the land use and not the user. For example, assume User X relocates from Space A to Space B, both of whic h are located within the Western Dublin TIF area. User X shall not receive trip credit for vacating Space A. User X shall be charged the appropriate TIF amount for moving into Space B, subject to receiving trip credit as specified below. Similarly, the appropriate TIF amount shall be charged to the next user of Space A, subject to the appropriate trip credit.

3. Trip credit associated with uno ccupied space shall be issued if, and only if, the space has been vacant for three (3) calendar years or less based on the most recent land use if the building has been vacant prior to the date when a use permit is issued to the new user.

4. TIF calculations/trip credit for uses, other than Urgent Care Medical Office, located within a general office building that houses multip le tenants (such as professional services, insurance companies, investment brokers, ba nk or savings and loan institutions, medical offices, restaurant or cafeteria, retail faciliti es, etc.) shall be based upon a uniform trip generation rate for Standard Commercial O ffice as specified in the Fee Program. For Urgent Care Medical Office use within a gene ral office building, the trip generation rate for Clinic, as specified in the Fee program, sha ll be used to calculate the TIF and the trip credit.

5. Trip credit for uses located within a shopping center containing retail stores, as well as non-merchandising facilities (such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, recreational facilities, etc.) shall be based upon a uniform trip generation rate for the appropriate type of Shopping Center as specified in the Fee program.

L. Eastern Dublin Transportation Impact Fee - Residential BART Garage

1. Payment to Alameda County Surplus Property Authority (ACSPA) for $6 million of BART Garage Costs (Residential BART Garage, formerly known as Section II Residential BART Garage).

With respect to the Eastern Dublin Transpor tation Impact Fee, payment of Residential BART Garage Fees, payment shall be made to the Alameda County Surplus Property Authority (ACSPA), which is responsible for the parking garage construction and dedication of the improvement to the Bay Area Rapid Transit (BART) District for public use. Except for interest earned on Residential BART Garage fees prior to distribution, the maximum amount to be paid to ACSPA shall not exceed six million dollars ($6,000,000) (six million dollars). Payment to Alameda County Surplus Property Authority is subject to the following specific guidelines:
a) The maximum to be disbursed from Fees collected shall be six million dollars ($6,000,000), which amount shall not be increas ed for any reason including inflation. In addition, any accrued interest pending disbursement shall be disbursed to ACSPA. 226

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b) Disbursement will be only from the Eastern Dublin Transportation Impact Fee Residential BART Garage Fee and will not come from a ny other source including the City's General Fund.
c) The amount disbursed will depend on the paymen t of fees by development subject to the fee. There is no guarantee that ACSPA will receive a total of six million dollars ($6,000,000).
d) The City will determine and report on an annual basis to ACSPA, the amount of funds collected from the Residential BART Ga rage Fee and the amount available for disbursement, including interest accrued prior to disbursement, if any. e) The procedure for distributing the disbursements to ACSPA is described below.

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Appendix A: Illustrative Examples
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Illustrative Example 1 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): Assume that a developer dedicates land for the partial widening of a major street to offset the Fees due from a development project. To qualify for a credit, this roadway widening project must be included in the releva nt Transportation Impact Fee program. The land dedication to be applied for a Fee credit shall not include improvements immediately adjacent to the development project, as these improvements are entirely the responsibility of the developer and are not to be funded by the Fee. To qualify for a credit for the improvements immediately adjacent to the development project, these improvements must be included in the relevant Fee program. The Resolution used a standard cost measurement on the current value per square foot for right-of-way dedication in calculating the TIF. The Fee credits due to the developer can be calculated by determining the square footage of the land to be dedicated multiplied by the proper square foot cost measurement after automatic annual adjustments based on the change in land acquisition costs.

Illustrative Example 2 (Western Dublin Transportation Impact Fee): A developer constructing multi-family homes contributes traffic signal im provements (TIF improvement) valued at $200,000. Assume that the Fee at the time totals $2,497 per dwelling unit. The credit of $200,000 will cover approximately 80.10 dwelling units. Wh en the building permit is issued for the 81st dwelling unit, the developer will have used up the credit and will have to begin paying the Fee.

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$13,200,0004,200,000).

Illustrative Example 5 (Public Facilities Fee): A developer constructing single-family homes in Dublin contributes neighborhood park improvements valued at $200,000. The Neighborhood Parks Improvements portion of the Fee for a single-family home is $ 3.982,280 of the total Fee of $19.2732,643. The developer must pay a Fee of $ 15.2930,363 per square foot of for each single-familysingle-family home (total Fee of $ 19.2732,643 less credit of $ 3.982,280) until the $200,000 credit is used up. This credit w ill cover the Neighborhood Parks Improvements component of the Fee for the first 50,251 square feet 87 of single-family homes constructed ($200,000/$3.982,280 = 50,25187.72). When the developer applies for the building permit for the 88th home that exceeds 50,251 square feet , he or she will begin paying this component of the Fee with the balance of the Public Facilities Fee due for the project.

Illustrative Example 7 (Eastern Dublin Transportation Impact Fee) : During one fiscal year, the City collects $88,000 in Fees for Eastern Dub lin TIF improvements. The total outstanding reimbursements owed for the Eastern Dublin TIF are $100,000 to the following developers:

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rights as follows:

Holder of
Reimbursement
Current Value of
Reimbursement
Owed
Percent of Total
Reimbursements
Outstanding
Amt. of $22,000
Reimbursement
Distributed
Reimbursement
Balance
Remaining
Developer A $28,000 35.90% $7,898.00 $20,102.00
Developer B $20,000 25.64% $5,640.80 $14,359.20
Developer C $30,000 38.46% $8,461.20 $21,538.80
TOTAL $78,000 $22,000.00 $56,000.00

Illustrative Example 8 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X moves his/her fast food restaurant business into an individual (standalone) building located within the TIF area. Previous use of the building consisted of a sit- down restaurant, which was vacated approximately two years prior to User X obtaining his/her use permit. Would User X be entitled to trip credit?
Answer: Yes, because the previous use was vacated only two years before he/she would be entitled to trip credit for the previous sit-down restaurant use which generates fewer trips than a fast food restaurant. User X would pay TIF based on the net trips estimated for his/her project.

Illustrative Example 9 ( Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X (insurance company office) and User Y (dental office) occupy office space in two separate general office buildi ngs (building A and building B, respectively).

Both buildings are located within the Western D ublin TIF area. The two users have decided to switch office spaces (e.g., User X would relocat e to the space in building B and User Y would relocate to the space in building A). Would either user be required to pay TIF? Answer: No, because as each user moves into the other space, he/she would receive full trip credit for the previous use, based on the uniform trip generation rate for Standard Commercial Office as specified in the Fee program. Note: Although User Y operates a dental office, which generates more trips than an insurance company office (User X), the same trip generation rate (i.e., Standard Commercial Office) is used in both cases to calcul ate the TIF, as both uses are proposed to take place within a general office building.

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Answer: The TIF would be determined based on the net change in trips estimated for the proposed project. For example, User X would be charged TIF based on the proposed Bowling Center/Video Arcade use but would receive trip credit for the discontinued Health Club use.

Illustrative Example 11 (Eastern Dublin Transportation Impact Fee or Western Dublin Transportation Impact Fee): User X proposes to establish an Urgent Care Medical Office within a general office building by replacing existing retail/r estaurant uses located on the first floor of the building. How would the TIF trip credit be determined?
Answer: The trip credit would be determined based on the trip generation rate for Standard Commercial Office. Note: The TIF would be based upon the increase in trips due to the proposed project (e.g., the difference between Clinic trips and Standard Commercial Office trips). 233

STAFF REPORT

CITY COUNCIL

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Agenda Item 5.9
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Small Business Assistance Grant Program Agreement with International Brotherhood of Electrical Workers Local Union 595
Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider approving a Small Business Assistance Grant Program Agreement with International Brotherhood of Electrical Workers Local Union 595 for their property on Village Parkway. The business has requested participation in the program to assist with improvements to the site’s accessibility, trash enclosures, and building energy efficiency.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Small Business Assistance Grant Program Agreement with the International Brotherhood of Electrical Workers Local Union 595.

FINANCIAL IMPACT:

The proposed Agreement provides a $75,000 reimbursement grant to the applicant. There is sufficient funding available in the Fiscal Year 2023-24 Budget for this grant.

DESCRIPTION:

On July 16, 2013, the City Council approved the creation of the Small Business Assistance Grant Program to assist Dublin-based businesses with the cost of complying with federal, state, and local laws relating to disability access requirements, trash enclosures, building energy efficiency, and other such obligations.

The Program was created from an agreement amendment with Amador Valley Industries (AVI), approved by the City Council on June 5, 2012, to bring construction and demolition collection services under an exclusive agreement. As part of the agreement amendment, AVI agreed to provide an annual economic benefit payment to the City in the amount of $100,000 to be used to establish the Small Business Assistance Program.
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Under the Program, commercial property owners or tenants can apply for the following:
 Small Business Regulatory Compliance Grant – this grant has an annual budget of $75,000 and provides support to Dublin-based businesses seeking to comply with various requirements including, but not limited to Solid Waste and Recycling Enclosure Standards (Dublin Municipal Code Chapter 7.98); federal, state, and local laws related to disability access requirements, Title 24 (building energy efficiency), sewer connections, and other such obligations deemed to be consistent with the intent of the Program.  Small Business Support – this grant can be utilized for one-on-one business advising targeted for Dublin-based businesses, as well as for special events designed to support and assist small businesses.

In February 2022, Staff received an application for a Small Business Assistance Grant from the International Brotherhood of Electrical Workers Local Union 595 (IBEW) for their property located at 6250 Village Parkway in the amount of $75,000 to help offset the costs for building and site improvements related to accessibility requirements, waste enclosure, and building energy efficiency. The property site houses IBEW as well as other tenants.

The proposed Agreement (Attachment 2) provides IBEW with a grant of $75,000 towards an estimated project cost between $5 million and $7 million. While the proposed grant is a fraction of the costs, it provides additional bandwidth for the business to complete the full scope of improvements and upgrades for the project.

Economic Development Committee Consideration
On March 15, 2022, the City Council’s Economic Development Committee considered the application and by consensus, recommended City Council approval of the Agreement in the requested amount of $75,000. This recommendation falls under the Committee’s purview to provide policy guidance and direction on economic development activities.

Since then, the applicant has been in the process of submitting building/site improvement plans, working with City Staff for review and subsequent plan revisions, and completing submittal requirements. During this time, the applicant requested to postpone the agreement execution until the applicant could comply with certain requirements, specifically commencement of the project (Section 2.4 of the Agreement).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this Staff Report was sent to the applicant. 235

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ATTACHMENTS:
1) Resolution Approving a Small Business Assistant Grant Program Agreement with the International Brotherhood of Electrical Workers Local Union 595 2) Exhibit A to the Resolution – Small Business Assistance Grant Program Agreement 236
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 595 WHEREAS, state and local governments have and continue to use economic development incentives to attract or retain jobs and /or improve the local tax base; and WHEREAS, the City Council adopted Resolution No. 131-13 which established a Small Business Assistance Program (“Program”) intended to assist Dublin-based businesses with the cost of complying with federal, state, and local laws relating to disability access requirements, trash enclosures, sewer connections and other such obligations imposed on small businesses; and
WHEREAS, the Program authorizes the City of Dublin to enter into agreements with commercial, industrial, and retail businesses located in the City of Dublin, as well as owners of property located in Dublin for Small Business Regulatory Compliance Grants, which provides for reimbursement of up to $75,000 for eligible improvements; and WHEREAS, the applicant owns certain real property located at 6250 Village Parkway (APN 941-1401-009-00), (“Property”), located in the City of Dublin; and WHEREAS, the applicant intends to make improvements to the Property site related to accessibility, trash enclosures, and building energy efficiency; and WHEREAS, the City Council finds that this agreement serves a public purpose in that it will help improve the Property site and its compliance with accessibility, waste enclosure, and energy efficiency requirements; and thereby encourage and support increased property values and tenant stability, thus benefitting the City and its residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Small Business Assistance Grant Program Agreement with International Brotherhood of Electrical Workers Local Union 595 not to exceed $75,000.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, 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}
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Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2 - Exhibit A to the Resolution
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STAFF REPORT

CITY COUNCIL

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Agenda Item 8.1
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2024 Draft City of Dublin Legislative Platform Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will receive a report on the draft 2024 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government, and will provide direction to City Staff.

STAFF RECOMMENDATION:

Receive the report and provide direction.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Each year the City Council approves a Legislative Platform that includes the goals, strategies, and priorities for organizing the City’s legislative advocacy efforts. The draft 2024 Platform (Attachment 1) was prepared to initiate the discussion with the City Council on the fundamental legislative issues important to the City over the next year. This attachment includes tracked changes to identify proposed revisions to the Platform.

The draft 2024 Platform is substantially similar to the 2023 Platform, however it includes modifications to account for changes in state law, anticipated issues for the current legislative session, and non-substantive grammatical and wording changes.

The guiding principles for the City’s legislative advocacy efforts continue to include the following:
 Preserving and/or increasing local government discretion.  Promoting or enhancing revenue sources.
 Advancing the City of Dublin’s Mission and Vision Statements. 251

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The draft 2024 Platform identifies specific Public Policy Priorities for the following categories:

1. General Administration

2. Fiscal Sustainability

3. Community and Economic Development

4. Transportation and Public Works

5. Public Safety

6. Parks and Community Services

7. Climate and Environment

8. Technology and Cyber Security
These priorities will further guide the positions and advocacy efforts the City will take on all relevant legislation, policies, programs, ballot measures, mandates, and budgets.

New or modified Public Policy Priorities in the draft 2024 Platform include:
 Supporting legislation that increases the voting requirement for future measures to be approved by the same proportion of votes cast as the measure requires and preserves agency rights to place advisory questions on the ballot (new). o Assembly Constitutional Amendment (ACA) 13 (Ward) proposes this to voters to consider this change.
 Supporting legislation that provides for more stable and equitable long-term funding sources for transportation (existing).
o Priority 3.2 includes the added language of “such as the Cap and Trade program and various programs funded through the revenue generated via Cap and Trade” to address the specific impacts of the Cap and Trade program on future transportation funding opportunities.
 Opposing legislation that reduces local government’s ability to enact transportation impact fees that fund transportation improvements (new).
 Opposing legislation that would divert traffic from freeways or highways to local streets (new).
 Supporting legislation that supports sensible public safety reforms, especially regarding retail theft, burglary, and assault (new).
 Supporting legislation that supports funding or promoting parks and park-related amenities to increase community resilience, including mitigating climate change effects and increasing access (new).
 Supporting legislation that supports or pursues expanding funding sources available to make technological updates to existing and new parks and recreation spaces (new).  Supporting legislation that requires that manufacturers be responsible for the end of useful life cost of collecting, processing, recycling, and disposing of products they manufacture (existing).
o Priority 7.5 includes the added language of “supports circular economy solutions, extended producer responsibility, and” to place importance on processes such as reuse, recycling, and composting.
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It should be noted that the list of Public Policy Priorities is not exhaustive. In those instances where potential legislation, policies, programs, ballot measures, mandates, and budgets do not fit within the specific Public Policy Priorities, the General Legislative Principles will guide City action.

The draft 2024 Platform was reviewed by Townsend Public Affairs to ensure it contains appropriate language for proposed and future legislation. The Platform also includes language around regional collaboration, specifically the Tri-Valley cities, whose 2024 Legislative Framework is attached as an addendum to the Legislative Platform for reference.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Draft 2024 Legislative Platform (Redlined)
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2024 LEGISLATIVE PLATFORM

FEDERAL AND STATE POLICY PRIORITIES
FEBRUARY 2024
Attachment 1
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Introduction
Many public policies intersect with City priorities, programs, and services. This 2024 Legislative Platform (Platform) outlines the City of Dublin’s legislative priorities and positions on these policies to inform residents, representatives, and policymakers. These priorities are applicable to all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets.

The Mission of the City of Dublin is to promote and support a high quality of life, ensure a safe and secure environment, foster new opportunities, provide equity across all programs, and champion a culture of diversity and inclusion. This Mission shall guide the City’s Legislative Platform.

This Platform provides Staff with direction and authorizes them, on the City Council’s behalf, to quickly respond in support of or opposition to bills and other legislative or gubernatorial actions in time-sensitive situations. Additionally, the Platform enables Staff to communicate Dublin-specific issues and impacts with state legislators. Staff may draft letters, direct our legislative advocates, or speak on behalf of the City regarding the legislative priorities this document outlines.

Any correspondence signifying the City’s support or opposition of a given bill must be signed by the Mayor and / or City Manager with notification to the City Council.

Any questions regarding this Legislative Platform can be directed to Jordan FossJohn Stefanski, Assistant to the City ManagerManagement Analyst II at
[email protected]@dublin.ca.gov.

Platform Overview and Coordination
This Legislative Platform serves as the foundation for City legislative advocacy at all levels of government. It informs the City’s legislative representatives of the key issues and legislation that could have a potential impact on the City and the process in which the City will participate in the legislative process. The City will employ several strategies to advocate or advance the City’s public policy interests, which include:

• Position Development
o Reviewing analyses and positions by the Cal Cities, legislative advocates, and other local government / professional associations in formulating the City’s position. o Working with City departments, legislative advocate(s) to develop this platform and identify positions on proposed legislative measures.
• Status Tracking
o Tracking key bills through the legislative process.
• Communication and Advocacy
o Communicating the City’s position, in accordance with this Platform, through correspondence, testimony, and meetings.
o Working cooperatively with other cities (including the Tri-Valley Cities), associations, and Cal Cities on advocating the City’s legislative position. o Meeting with legislators and their representatives, as well as other federal, state, and county government officials on a regular basis, to discuss local government issues, proposed legislation, requests for funding assistance, and City programs and services.

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The City Manager’s Office will exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City Council, the City Manager and their designee will manage the City’s Legislative Platform.

Staff will follow the process below when responding to all proposed and relevant legislation, policies, programs, ballot measures, mandates, and budgets.

1. Review and determine whether a proposal will impact the City.

2. Prepare a letter outlining the City’s position for the Mayor’s or City Manager’s signature.

3. Distribute the letter to the legislation’s author(s), key legislative committees, the City Council, and other relevant parties.

In scenarios where a proposal or regulation arises that may impact the City and is not covered by this Legislative Platform, Staff will prepare a draft position letter for the City Council to review prior to distribution.

General Legislative Principles
The guiding principles for the City’s legislative advocacy efforts include:

Advancing Existing City Mission, Vision, Values, and Policies Preserving and/or Increasing Local Government Discretion Promoting or Enhancing Revenue Sources

Public Policy Priorities
This Legislative Platform identifies specific Public Policy Priorities by topic area. Informed by the General Legislative Principles, these priorities will guide the positions the City will take on all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets.

The Public Policy Priorities are categorized as follows:

1. General Administration

2. Fiscal Sustainability

3. Community and Economic Development

4. Transportation and Public Works

5. Public Safety

6. Parks and Community Services

7. Climate and Environment

8. Technology and Cybersecurity

1. General Administration

Staff recommends that the City Council support legislation that:

1. Enhances or streamlines local control and allows cities to address the needs of local constituents within a framework of regional cooperation. 256

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2. Streamlines the process to apply for, to receive approval of, and to receive state or federal funding.

3. Assures every person the right to equal treatment in and access to all government- sponsored benefits or funded programs.

4. Provides the ability to conduct public meetings using a hybrid approach that allow for equitable access and participation of elected officials and the public while considering privacy, health, and safety of all stakeholders.

5. Provides alternative methods of meeting public noticing requirements through cost- effective, innovative, and technological methods of communication, and changes the definition of “newspaper of general circulation” due to realities of consolidated newspaper publications and the increase in on-line publications.

5.6. Increases the voting requirement for future measures to be approved by the same proportion of votes cast as the measure requires, and preserves agency rights to place advisory questions on the ballot.

Staff recommends that the City Council oppose legislation that:

6.7. Attempts to restrict local authority or decision-making whether by state or federal legislation or ballot propositions.

7.8. Diminishes or eliminates local governments’ ability to contract out for the provision of services.

2. Fiscal Sustainability

Staff recommends that the City Council support legislation that:

1. Maintains or enhances ongoing revenues to the City.

2. Updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased consumption of services rather than durable goods, and innovations in technology.

3. Ensures timely distribution of mandated reimbursements owed to the City.

4. Removes unnecessary state-imposed mandates.

5. Provides for the use of incentives for local government action rather than mandates (funded or unfunded).

6. Establishes new and innovative revenue options and resources to finance public infrastructure construction and maintenance.

7. Streamlines the establishment and utilization of infrastructure financing districts or other funding mechanisms for infrastructure improvements.

8. Changes the Communications Act of 1934 that removes the distinction between “capital” and “operating” funds to provide more local control for community television stations in the use of their public, educational, and government (PEG) channel fees.

9. Supports measures to increase transparency of all public employee salaries and benefits.

10. Supports measures to provide sustainable public pensions and other post-retirement benefits.

11. Lowers the necessary voter threshold from a two-thirds supermajority to 55-percent to approved local general obligation bonds and special taxes for affordable housing and public infrastructure projects.

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Staff recommends that the City Council oppose legislation that:

12. Undermines and preempts local authority over local taxes and fees.

13. Shifts funds from local governments to the state or federal government.

14. Imposes unfunded or inadequately funded federal and state mandates on local governments.

15. Eliminates development fees or limits the ability of cities to levy such fees to provide for infrastructure or services.

16. Requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller, or other state agencies.

17. Defers reimbursements for state mandated programs.

3. Public Works and Transportation

Staff recommends that the City Council support legislation that:

1. Ensures the City receive its fair share of transportation funding and that keeps the funding decisions at the local level.

2. Provides for more stable and equitable long-term funding sources for transportation, such as the Cap and Trade program and various programs funded through the revenue generated via Cap and Trade.

3. Leverages local funds to the maximum extent possible to implement transportation improvements through grants and partnerships with regional, state, and federal agencies.

4. Reduces Vehicle Miles Traveled (VMT) and encourages developing and implementing Transportation Demand Management (TDM) plans and strategies.

5. Expands opportunities and funding for connected and shared autonomous vehicles, high occupancy vehicles, managed lane policies, improved enforcement, new technology deployment, and reducing traffic congestion and delay.

6. Improves multimodal freight movement between the San Francisco Bay Area and the Central Valley and projects that reduce freight traffic on I-580.

7. Encourages active transportation, enhances the safety of all modes of transportation, particularly bicycles and pedestrians, and reduces vehicle speeds and traffic congestion.

8. Increases and funds local control and local regulation of shared mobility, transportation network companies (TNCs), and other emerging industries that use city infrastructure to offer private services.

9. Enables the sale of traffic data to recover the cost of data collection.

10. Enables innovative rail connectivity projects which aim to address the jobs/housing/transit imbalance (i.e., Valley Link).

Staff recommends that the City Council oppose legislation that:

11. Infringes upon the ability of local governments to effectively administer and modify state and local construction provisions and standards.

12. Takes away local control of managing and operating local streets.

13. Reduces the City’s condemnation authority regarding acquisition of properties required for public projects.

14. Reduces local government’s ability to enact transportation impact fees that fund transportation improvements.
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13.15. Diverts traffic from freeways or highways to local streets.

4. Community and Economic Development

Staff recommends that the City Council support legislation that:

1. Maintains the City’s authority over land use decisions.

2. Strengthens local regulatory authority and control over the siting of medical or recreational marijuana dispensaries.

3. Creates a more equitable Regional Housing Needs Allocation (RHNA) process.

4. Creates more flexibility for local jurisdictions to work together to provide housing that counts toward RHNA requirements.

5. Eliminates redundant, costly, and cumbersome mandates and restrictions required by CEQA (California Environmental Quality Act).

6. Provides incentives or new funding mechanisms for affordable housing and transit- oriented development.

7. Increases financial assistance to provide affordable, transitional, special needs and emergency housing to the homeless, seniors, veterans, and people with special needs.

8. Expands STEM (Science, Technology, Engineering and Mathematics) programs in K-12, higher education, and libraries.

9. Enhances the City’s efforts to retain existing businesses and attract new businesses.

10. Provides tangible and productive tools and incentives to support job creation, business attraction, and business retention.

11. Advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development.

Staff recommends that the City Council oppose legislation that:

12. Interferes with or reduces local land use control and decision making.

13. Diminishes or eliminates the authority of cities to zone and plan for the development of telecommunications infrastructure, including the siting of cellular communications towers or transmission sites.

14. Diminishes or eliminates cities’ authority to regulate condominium conversions.

15. Interferes with the ability to provide productive incentives to support job creation, business attraction, and business retention.

5. Public Safety

Staff recommends that the City Council support legislation that:

1. Increases funding for local law enforcement, fire suppression and prevention, hazardous materials mitigation, and emergency medical services.

2. Funds local agencies for training, disaster preparedness, crime prevention, public outreach, and emergency planning.

3. Ensures cities have control of regulating local medical marijuana facilities instead of the state, protects public safety with standardized security requirements, protects public health with uniform health and safety standards, and ensures patient safety with a quality assurance protocol.
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4. Improves data and information dissemination, preparedness funding, and first-responder training for oil-by-rail shipments.

5. Maintains or increases grant funding for the Community Oriented Police Services (COPS) program.

6. Provides a greater share of asset forfeiture funds for cities and increases latitude for spending local funds.

7. Supports funding to prepare, mitigate, adapt, and respond to extreme weather or emergency events.

8. Supports alternative crisis response programs for mental health, substance abuse, or homelessness related calls for emergency service.

8.9. Supports sensible public safety reforms, especially regarding retail theft, burglary, and assault.

6. Parks and Community Services

Staff recommends that the City Council support legislation that:

1. Creates new funding opportunities for parks and community facilities.

2. Provides funding for ADA (Americans with Disabilities Act) facility and park upgrades.

3. Increases available financial assistance to local non-profit and community-based organizations who provide social services and mental health services to residents in need.

4. Efforts to provide funding for the rehabilitation, development, and capital improvements for park improvements in order to enhance the active and passive recreational infrastructure.

5. Supports funding or regulations for cooling strategies in local and regional parks.

6. Supports funding or promotinge parks and park-related amenities to increase community resilience, including mitigating climate change effects and increasing access.

4.7. Support or pursue legislation to expand funding sources available to make technological updates to existing and new parks and recreation spaces.

Staff recommends that the City Council oppose legislation that:

5.8. Reduces or eliminates the City’s ability to levy park impact fees.

6.9. Imposes regulations that create cost prohibitive administrative burdens which likelymay result in the reduction of parks programming.

7. Climate and Environment

Staff recommends that the City Council support legislation that:

1. Assists local governments in meeting or exceeding local or state goals to reduce global warming pollution levels, to develop alternate energy resources and fuel efficiency programs, and to reduce fossil fuel dependence.

2. Streamlines development of and provides funding for electric vehicle (EV) charging and hydrogen fueling infrastructure locally and regionally. 260

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3. Supports current waste diversion goals, local compliance efforts, and associated measurement and reporting requirements.

4. Assists the City in meeting or exceeding established goals of reducing water consumption and increasing water supply without preempting local planning decisions.

5. Supports circular economy solutions, extended producer responsibility, and Requires requires manufacturers be responsible for the end of useful life cost of collecting, processing, recycling, and disposing of products they manufacture.

6. Protects the interest of California’s Community Choice clean electricity providers and their customers.

7. Incentivizes regional and local government efforts to develop and implement programs to reduce air pollution.

8. Funds compliance and full life cycle costs of current and new mandatory storm water quality permit requirements.

9. Addresses litter control and abatement problems in California.

10. Reduces the financial impact of state and federal funded and unfunded mandates related to compliance with environmental programs and regulations.

Staff recommends that the City Council oppose legislation that:

11. Preempts local planning decisions regarding solid waste facility sites.

12. Preempts local solid waste and AB 939 fee setting authority or imposes taxes or fees on local solid waste programs to fund state programs not directly related to solid waste management.

8. Technology and Cybersecurity

Staff recommends that the City Council support legislation that:

1. Promotes the use of data and technologies to create efficiencies, promote economic development, enhance public safety, improve transportation and mobility, improve sustainability, increase transparency to public information, enhance municipal quality of life factors and help solve other civic challenges.

2. Maintains local control over municipal assets in the deployment of next generation technological infrastructure.

3. Increases the City’s capacity to protect against cyber security attacks.

4. Provides funding for programs that seek to expand digital access for residents and businesses.

Staff recommends that the City Council oppose legislation that:

5. Limits or removes local review and permitting of emerging telecommunications technologies, such as Small Cell technology.

Regional Collaboration
The City of Dublin is a member of the Tri-Valley Cities (TVC), a coalition of the five Tri-Valley municipalities who work together to advocate for issues and funding at the regional, state, and federal levels. The TVC is governed by the five Mayors of each municipality who develop and adopt 261

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a TVC Legislative Framework which guides the advocacy efforts of the TVC. A copy of the 2024 TVC Legislative Framework is attached as Addendum A to this Legislative Platform.

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Addendum A: 2024 Tri-Valley Cities Legislative Framework

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TRI-VALLEY CITIES
Legislative Framework

2024
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TRI-VALLEY CITIES VALUES STATEMENT

The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region.

Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley.

TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK

The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision- making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas.

Transportation and Infrastructure
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the region’s freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. The TVC also seeks to partner on other significant non- transportation infrastructure projects, especially those with regional and multi-regional benefits.

Climate, Environment, and Health
The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government. 265

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Public Safety
The TVC prides itself on providing the highest quality of life for its residents, businesses, workers, and visitors alike – a critical part of which is ensuring the basic right to safety, without fear of harm to oneself or one’s property. As such, the coalition will advocate for reasonable public safety reforms, especially with regard to retail theft, burglary, and assault, all while maintaining a lens of equity.

Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region.

Affordable Housing and Homelessness
The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness.

Mental Health
The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non-profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all our residents.

Fiscal Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments.

2024
PAGE
1 266
Draft 2024 Legislative
Platform
February 6, 2024
267
Background
• Each year the City Council adopts a Legislative
Platform to guide legislative advocacy efforts for the
upcoming year.
• Structured in two tiers:
– Guiding Principles, which set the broad goals for
advocacy efforts.
– Public Policy Priorities, which provide more specific positions in certain policy areas.
• Not an exhaustive list.
268
Background, 2
• The draft 2024 Platform is substantially similar to the 2023 Platform.
• The 2024 Platform makes modifications to account for:
– Changes in state law
– Anticipated issues for the upcoming legislative session – Non-substantive grammatical and wording changes
269
Modified 2023 Public Policy Priorities
• The 2024 Platform modifies 2023 priorities:
– Reference to Cap-and-Trade Program revenue for
transportation funding
– Reference to circular economy solutions for reuse,
recycling, and composting
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New Public Policy Additions
• New additions to the Platform include supporting legislation that:
– Increases voting requirement for future measures be approved by the same proportion as votes cast
• ACA 13 (Ward) proposes to submit this to voters to consider this change – Supports sensible public safety reforms (e.g., retail theft, burglary, assault) – Supports funding or regulations for cooling strategies in parks – Funds or promotes parks and amenities to increase community resilience, including mitigating climate change effects and access – Pursues expanded funding sources for technological upgrades at existing and new parks and recreation spaces
271
New Public Policy Additions, 2
• New additions to the Platform include
opposing legislation that:
– Reduces the City’s ability to enact transportation
impact fees for improvements
– Diverts traffic from freeways or highways to local
streets
272
Staff Recommendation
• Receive the report and provide direction
• Questions
273

Dublin City CouncilFebruary 6, 2024

Dublin City Council
February 6, 2024