Dublin City Council
January 14, 2025

Agenda Item 5.7
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Acceptance of California Department of Justice Tobacco Grant Program Prepared by: Phillip Corvello, Lieutenant Dublin Police Services EXECUTIVE SUMMARY:

The City Council will consider approving a Memorandum of Understanding with the California Department of Justice to accept a grant award from the Tobacco Grant Program for Dublin Police Services. This grant will support increased enforcement of state laws and City ordinances related to the illegal sales and marketing of tobacco, or other nicotine related products, including ecigarettes, to minors for three fiscal years. The grant will also assist in tobacco-related education provided to minors and local businesses.

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016.

FINANCIAL IMPACT:

The grant amount for each fiscal year is shown in the table below. Eligible expenses include enforcement operation costs associated with illegal sales operations and providing education to business owners and minors. There is no matching fund requirement.

Grant Award Amounts
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Personnel Service Costs $19,525 $20,307 $21,118
TOTAL AWARD $60,950
333

DESCRIPTION:

Dublin Police Services has conducted research on underage tobacco use in the City of Dublin and found continued use of and possession of tobacco on school campuses. Additionally, several local tobacco retailers have been cited for selling tobacco to minors. Staff also found continued complaints from school personnel about students using tobacco and vape products in local parks, along the Iron Horse Trail, and on school campuses.

Approved by California voters in 2016, Proposition 56 increased taxes on cigarettes and other tobacco/nicotine related products under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The initiative allocates a portion of annual revenue to the California Department of Justice (DOJ) for enforcement efforts. As an example, $24.6 million was made available statewide in Fiscal Year 2023-24 to support local enforcement efforts to reduce the illegal sale of tobacco products to minors.

Since 2020, the DOJ has awarded grant funds through Proposition 56 to Dublin Police Services to supplement tobacco enforcement operations. Through that grant program, staff successfully reduced tobacco sales violations at local retailers and saw a reduction in the number of minors being found in possession of tobacco/nicotine products. Continued enforcement and education efforts are essential in ensuring tobacco laws are adhered to in the community.

The DOJ recently notified Dublin Police Services that the current grant application for funds will be approved in the amount of $60,950 for three fiscal years. With these funds, Dublin Police Services will perform the following:
 Retail Inspections
o Twenty-three tobacco retailers will be inspected per year. o Quarterly inspections will include one eight-hour inspection of licensed tobacco businesses.
 Minor Decoy Operations
o Five minor decoy operations will be conducted each year. o Fifteen retailers will be targeted during these operations.  Shoulder Tap Operations
o Two shoulder tap operations will be conducted each year. o Six retailers will be targeted during these operations.  Retailer Education
o Twenty-three retailers will receive educational materials and on-site education and will participate in grantee-provided educational classes.  Enforcement Officer Education
o Five enforcement officers will receive education about tobacco laws and ordinances per year.
 Prosecution
o Dublin Police Services will prosecute all tobacco-related citations with adjudication through the Alameda County East County Hall of Justice. 334

The attached resolution authorizes the City Manager to execute a Memorandum of Understanding with the California Department of Justice to accept the grant award. Dublin Police Services will submit quarterly invoices to the Department of Justice outlining the operational costs incurred in meeting the enforcement goals.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 2) Exhibit A to the Resolution – Tobacco Grant Program Memorandum of Understanding 3) Exhibit B to the Resolution – Tobacco Grant Summary of Award (DOJ-PROP56-2024-25-1-021) 4) Exhibit C to the Resolution - Tobacco Grant Program Grantee Handbook 335
Attachment 1
Reso. No. XX-25, Item X.X, Adopted 01/14/25 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF

UNDERSTANDING ACCEPTING THE GRANT AWARD FROM THE CALIFORNIA

DEPARTMENT OF JUSTICE UNDER THE CALIFORNIA HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016
WHEREAS, Dublin Police Services staff conducted extensive research of underage tobacco use in the City of Dublin and found continued use and possession of tobacco/nicotine products in the local high schools and middle schools; and WHEREAS, on February 4, 2020, the City Council adopted an Ordinance Amending Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco products as well as electronic smoking devices within the City of Dublin; and WHEREAS, in an effort to increase enforcement of underage tobacco use, Dublin Police Services submitted a grant application to the California Department of Justice; and WHEREAS, the California Department of Justice recently awarded Dublin Police Services Tobacco Grant Program funds in the amount of $60,950 through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016; and WHEREAS, the Tobacco Grant Program also provides funding for personnel overtime costs for additional tobacco enforcement operations/education; and WHEREAS, Dublin Police Services will submit quarterly invoices to the California Department of Justice outlining the operational costs to meet the enforcement goals; and WHEREAS, the California Department of Justice agrees to reimburse the City of Dublin for the actual expenditures in performing the Scope of Work included in the approved Grant Application.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to enter into a Memorandum of Understanding with the California Department of Justice accepting the Tobacco Grant Program funds (including incurring grant-related expenses and receiving reimbursement for those expenses) included as Exhibit A, and as shown in the Tobacco Grant Summary Award included as Exhibit B, and Tobacco Grant Program Grantee Handbook included as Exhibit C.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the Memorandum of Understanding, including increasing funding provided in the original Grant Agreement, and make any necessary, non-substantive changes to carry out the intent of this Resolution.
336
Reso. No. XX-25, Item X.X, Adopted 01/14/25 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
______________________________
Mayor
_________________________________
City Clerk
337
Attachment 2
Exhibit A to Resolution338
339
340
Tobacco Grant Program

GRANT SERVICES BRANCH - LOCAL ASSISTANCE

DIVISION OF OPERATIONS

TOBACCO GRANT SUMMARY OF AWARD
DOJ-PROP56-2024-25-1-021

DUBLIN POLICE SERVICES
This Summary of Award document will be used by the Tobacco Grant Program when determining whether an activity or expense claimed was approved for funding and is reimbursable. Activities other than those presented here may not be reimbursable. A Grant Modification may be necessary _
for
material deviations. Please consult with your Grant Program Officer before engaging in any activity beyond this scope.

By signing the Memorandum of Understanding, your agency agrees to the commitments outlined _below and this document becomes part of the Grant Agreement.

AWARD SUMMARY
Award Amount: $60,950
Removed from Award: N/A
Other Changes or Stipulations: N/ A
Requested Amount: $60,950
Reduced Line Items: N/A

IMPORTANT PROVISIONS FOR ALL GRANTEES
I. Enforcement Activities
a. Authorized - If enforcement activities were proposed, only activities that target retailers for illegal sales/marketing of tobacco products were approved. It is expected that the flavor ban will be enforced within one or more enforcement activities. b. Unauthorized - Community or school patrols, or other enforcement actions related to tobacco use and possession, are not permitted.

II. Educational Activities
a. Authorized - Retailer and/or officer educational activities on tobacco laws and ordinances, if included, are authorized as noted below. b. Unauthorized - School or community education efforts, including media campaigns, are not permitted as part of this award. All educational efforts should be directed to retailers and/or officers.

Ill. Removed Personnel or Other Items
10/16/2024 Page 1 of 3
Attachment 3
Exhibit B to Resolution
341
342
343

TOBACCO GRANT PROGRAM

GRANTEE HANDBOOK
APRIL 2024

ROB BONTA
Attorney General

OFFICE OF THE ATTORNEY GENERAL
Attachment 4
Exhibit C to the Resolution
344

HANDBOOK FOR GRANTS MADE BY THE CALIFORNIA DEPARTMENT OF JUSTICE (DOJ) TO LOCAL AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016 (ACT)
All items contained in this Handbook are subject to change. 345
1 TABLE OF CONTENTS
GRANT TERMS AND CONDITIONS ....................................................................... 3 Award Acceptance ............................................................................................................. 3 Required Opening Documents.............................................................................................................. 3 Grant Agreement.................................................................................................................................. 4 Start of Grant Activities......................................................................................................................... 4 Declination of Award ............................................................................................................................ 4 Performance Compliance, Audit, and Responsibility........................................................... 4 Reviews of Performance and Compliance ............................................................................................ 4 Non-Assignment.................................................................................................................................... 4 Procurement of Goods or Services....................................................................................................... 4 Supplanting ........................................................................................................................................... 5 Overpayment of Funds ......................................................................................................................... 5 Project Income...................................................................................................................................... 5 Non-Use of Funds.................................................................................................................................. 5 Non-Compliance ................................................................................................................................... 6 Withholding of 10% Pending Closeout ................................................................................................. 6 Audits.................................................................................................................................................... 6 DOJ Grant Management..................................................................................................... 7 Access.................................................................................................................................................... 7 Funding.............................................................................................................................. 7 Cost Criteria....................................................................................................................... 7 Allowable .............................................................................................................................................. 7 Reasonable............................................................................................................................................ 8 Allocable................................................................................................................................................ 8 Project Costs...................................................................................................................... 8 Personal Services (Personnel)............................................................................................................... 8 Operating Expenses and Equipment..................................................................................................... 8 Administrative Costs...........................................................................................................................10 Restricted Items............................................................................................................... 10 Record and Materials Maintenance.................................................................................. 11 346
2 Records Retention Period ...................................................................................................................11 Records to Maintain............................................................................................................................11 Tobacco Products................................................................................................................................11 Equipment...........................................................................................................................................11 Use of Submitted Data ..................................................................................................... 11 Public Records Act Notice................................................................................................. 12 GRANT MANAGEMENT .....................................................................................13 Invoicing .......................................................................................................................... 13 Invoice Packages................................................................................................................................. 13 Other Requirements ...........................................................................................................................13 Invoicing Frequency and Deadlines ....................................................................................................13 Reporting Requirements.................................................................................................. 14 Quarterly Progress Reports.................................................................................................................14 Enforcement Data Requirement.........................................................................................................14 Reporting Frequency and Deadlines...................................................................................................14 Modifications................................................................................................................... 14 Budget Modifications..........................................................................................................................14 Grant Modifications............................................................................................................................15 Extensions...........................................................................................................................................15 Closeout .......................................................................................................................... 15 DEFINITIONS .....................................................................................................16 347
3 GRANT TERMS AND CONDITIONS
By accepting these funds, your agency agrees to comply with, and be bound by, the conditions set forth in the Memorandum of Understanding (MOU) and documents incorporated by reference including the Request for Proposals (RFP), Program Regulations, Summary of Award, and this Handbook.

AWARD ACCEPTANCE

REQUIRED OPENING DOCUMENTS
Agencies must complete and submit each of the following documents in order to receive reimbursement from DOJ. Documents should be sent via email to [email protected].

Letter of Intent
Your award is not final upon initial notification. A Letter of Intent (LOI) to accept the award will be attached to the award notification. An awarded agency must affirm that either (1) it will seek a resolution to accept the award, if your agency has a governing body, or (2) no governing body exists and no resolution is required.

In order to officially accept the award, an awarded agency must return the completed, signed LOI within 15 calendar days of the date of the award letter.

Governing Body Resolution
If the awarded agency has a governing body from which it requires approval, the agency must submit a resolution from this governing body to DOJ in order to formally accept the grant. Once notified of selection, the awarded agency should promptly request the resolution to avoid funding delays.

The resolution must authorize the applicant to enter into agreement with DOJ, incur grant-related expenses, and receive reimbursement for those expenses. Also, the resolution should expressly authorize future amendments, if any, for the purpose of increasing funding provided in the original Grant Agreement, without an additional resolution from the governing body.

Government Taxpayer ID Form
The Governmental Taxpayer ID form is required in order for DOJ to reimburse your agency for grant expenses.

Summary of Award
The Summary of Award must be completed to reflect any reductions, restrictions, or requested revisions communicated by DOJ.

Memorandum of Understanding (MOU)
In order to be eligible for reimbursement of expenditures under the grant and start grant activities, an MOU between DOJ and the awarded agency is required. The MOU must be approved by a duly authorized representative of your agency or your agency’s governing body.

The MOU and other accompanying documents must be returned to DOJ via email to [email protected] within 90 calendar days of receipt. 348
4 GRANT AGREEMENT
The Grant Agreement represents the final agreement between DOJ and a Grantee that sets forth the terms and conditions of the Grant. The Grant Agreement includes the executed MOU, Request for Proposals (RFP) and associated documents, Summary of Award, Budget Detail, and this Handbook.

START OF GRANT ACTIVITIES
As noted above, prompt action to obtain the Governing Body Resolution (if the agency has a governing body) is imperative to start activities in a timely manner.

Once DOJ has signed the fully-executed MOU and verified that all required opening documents have been completed, the Grantee may begin funded activities and be eligible for reimbursement of expenditures.

DECLINATION OF AWARD
DOJ will consider an award declined in one the following instances:
• Failure to return the LOI within 15 calendar days of the date of the Award Letter; • Failure to execute the MOU and any other required documents within 90 calendar days of the date sent by DOJ; or
• Written notification from the awarded agency that they do not wish to accept the grant award.

PERFORMANCE COMPLIANCE, AUDIT, AND RESPONSIBILITY

REVIEWS OF PERFORMANCE AND COMPLIANCE
Grants and funding are subject to performance compliance reviews by DOJ and/or its designee in the form of site visits and other meetings, interviews with Grantees, contractors and other stakeholders, and review of relevant documents.

NON-ASSIGNMENT
The Grantee is the responsible agency and may not transfer or assign the grant to another entity.

PROCUREMENT OF GOODS OR SERVICES
The Grantee shall follow its own written procurement policies and procedures when procuring goods or services for activities relating to performance of the grant. All documents related to the procurement of goods or services shall be maintained by the Grantee for the records retention period of five years and copies shall be provided to DOJ when requesting reimbursement.

Use of Contractors
Grantees may contract for services under the following conditions:
• Contractor services must be clearly included within the Grantee’s approved Summary of Award and limited to the purpose of achieving the grant objectives specified. 349
5 • Grantees shall have a written agreement with each contractor and, prior to execution, shall submit a copy of the agreement to DOJ for review of alignment with the Summary of Award and provisions of the Grant Agreement as applicable.
• Grantees are responsible for ensuring that each contractor complies with the Grant Agreement, including, if applicable, collecting and reporting of progress and inspection data and disallowance of supplanting and restricted items.
• Contracting shall not affect the Grantee’s overall responsibility for the management of a Project, and the Grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities for the grant.

SUPPLANTING
Supplanting is prohibited. Supplanting is defined as using grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.

If DOJ or the California State Auditor identifies that supplanting has occurred, DOJ may pursue remedies for non-compliance.

OVERPAYMENT OF FUNDS
If an agency is inadvertently reimbursed for more than the amount expended, the overpayment of funds must be returned to DOJ. If the grant for which the funds are being returned is still active (within the term of the MOU), then the returned funds can be shown as a credit on the next claim submitted for reimbursement. If the grant term has ended, the agency must return the funds within 90 days of notice of overpayment. Checks should be made payable to the California Department of Justice and mailed to:

California Department of Justice
Division of Operations
Tobacco Grant Program – 8th floor
P.O. Box 160187
Sacramento, CA 95816

PROJECT INCOME
Income generated from a project, if any, may be reinvested by the Grantee into the project for which the grant was awarded, returned to DOJ, or DOJ may approve other uses by the Grantee in accordance with the general purposes of the grant. Project income does not include fines, penalties, legal costs, attorney’s fees, or other property collected as a result of enforcement actions by the Grantee.

NON-USE OF FUNDS
Grantees are expected to start operations within six months of the execution date of the MOU, or approved start date, and are responsible for advising DOJ if they are unable to do so.

Grantees who have not started their project and expended any funds within the first year of the beginning of the grant term shall forfeit their award.
350
6 NON-COMPLIANCE
In the event a Grantee fails to comply with any of the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement, DOJ will notify the Grantee in writing.

In the event DOJ and a Grantee are unable to resolve a Grantee’s non-compliance with the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement within 30 calendar days of the written notice, DOJ may take one or more of the following actions:
• Withhold payments
• Recover funds paid to the Grantee
• Impose additional conditions on the Grantee
• Terminate the Grant Agreement
• Disqualify the Grantee from consideration for future grants WITHHOLDING OF 10% PENDING CLOSEOUT
DOJ may withhold the final reimbursement claim(s) or 10% of the grant amount, whichever is more, pending approval by DOJ of the final Quarterly Progress Report (QPR).

AUDITS
Grantees and sub-recipients are subject to audit by both the California State Auditor and DOJ (Rev. & Tax. Code, § 30130.56, subdiv. (a)). In addition to formal audits, DOJ may conduct site visits and request other meetings with reasonable notice. Grantees are expected to be available for these meetings. All documentation related to the receipt and use of grant funds shall be made open to inspection upon request by the California State Auditor and/or DOJ.

Grantees are subject to a financial compliance review in the form of an audit, an agreed-uponprocedure, and/or both. A review will be conducted in accordance with the Generally Accepted Government Auditing Standards and Revenue and Tax Code, sections 30130.56 and 30130.57, subdivisions (e)(1), (f) & (g), designed to accomplish any one or more of the following: to monitor compliance with the requirements of the grant program and the terms and conditions of the grant agreement; to assess the quantity, quality, timeliness and cost of services the Grantee produces and delivers under the terms and conditions of the grant agreement; and to assess the performance of any contract entered into by a Grantee relating to a grant.

Grounds for Audit Exception
One or more of the following shall be grounds for an audit exception, which may require the refund of amounts paid with grant funds:
(1) Failure to fully complete the work or services described in the Summary of Award document; (2) Failure to assess the performance of any contract entered into by a Grantee; or 351
7 (3) Failure to maintain documents, records, receipts, and financial accounts supporting the expenditures reimbursed with grant funds.

DOJ GRANT MANAGEMENT
Each agency will be assigned a Grant Program Officer from DOJ for assistance with implementation and oversight of the agency’s specific grant program throughout the life cycle of the grant. Grant Program Officers will maintain regular communications with their agencies and will provide administrative direction and guidance.

ACCESS
Upon reasonable notice, Grantees shall allow DOJ access to the records of the project, the project sites (if applicable), and any employees or contractors who may reasonably have information related to the project. Also, upon reasonable notice, Grantees shall allow DOJ to accompany the Grantee on projectrelated activities.

FUNDING
All expenses claimed for reimbursement, including contracted services, must already be paid by the Grantee. Expenses incurred by subcontractors as part of the project must be invoiced to and paid by the Grantee for reimbursement. DOJ will not reimburse any amount greater than the actual cost of the expenses to the Grantee.

Goods and services must be received, invoiced, and paid by the Grantee during the Grant Term in order to be eligible for reimbursement. Any funds spent after the expiration of the Grant Agreement cannot be reimbursed, regardless of when they were obligated or problems with vendor fulfillment.

COST CRITERIA

ALLOWABLE
In general, costs must meet all of the following general criteria to be allowable. An allowable cost must:
• Be reasonable for the performance of the grant, and allocable to the grant • Be accorded consistent treatment
• In the event a cost is assigned in one way and another cost incurred for the same purpose in like circumstances was previously allocated in the agency’s budget in another way, the Grantee shall provide a description of both the current and the prior assignments. The description shall be sufficient for DOJ to ascertain whether or not funds have been supplanted. • Be adequately documented
• Comply with the California Healthcare, Research and Prevention Act and terms and conditions of the Grant Agreement
• Not be disallowed under the terms of the Grant Agreement 352
8 • Comply with applicable laws and regulations

REASONABLE
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

In determining the reasonableness of a given cost, consideration will be given to:
• Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant
• The requirements of the grant program and the terms and conditions of the grant agreement • Market prices for comparable goods or services for the geographic area • Whether the Grantee deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase a cost

ALLOCABLE
A cost is allocable to the grant if the cost is incurred for grant-related activities.

Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grantrelated activities and also for other non-grant-related activities, and benefits both grant and non-grant activities, the proportion that is incurred for the performance of grant-related activities may be approximated using reasonable and properly documented methods and assigned to the grant.

PROJECT COSTS
Project costs may include the reasonable and necessary cost of tobacco-enforcement related items required to conduct grant-related operations. Specific costs that may be supported by funds awarded under the Tobacco Grant Program are as follows:

PERSONAL SERVICES (PERSONNEL)
Salaries, overtime, and benefits are allowable expenses as approved within the Grantee’s budget.

Amounts claimed must be based on actual wages and supported by payroll and attendance records kept by the agency and must be made available to DOJ upon request.

OPERATING EXPENSES AND EQUIPMENT
Equipment
Equipment that directly supports the applicant’s project proposal may be purchased using grant funds if approved within the Grantee’s budget. Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term. Acceptable documentation for equipment purchases include copies of receipts and proof of payment (copies of checks or credit card statements).

Maintenance of property records related to equipment is required.

Travel
Travel by Grantees for tobacco-related grant activities (if approved within the Grantee’s budget) shall be in accordance with the State of California’s written travel policies, and subject to any further 353
9 requirement in the grant agreement. Travel that directly supports the applicant’s project may be reimbursed using grant funds subject to limitations indicated below.

Out-of-state travel requires prior approval and may be subject to additional restrictions.

Travel Cost and Reimbursement Limitations
Travel may be billed and reimbursed only as allowed by the State of California’s established travel reimbursement rates in effect as of the date(s) of travel and must be included in the approved budget.

Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the amount allowed and the Grantee will be responsible for the balance.

Travel costs may only consist of the reasonable and necessary charges for commercial fares, public transportation, private vehicle, overnight and day parking of private or rental vehicles, bridge and road tolls, meals, lodging, and incidentals, incurred for travel necessary for the performance of the grant.

Documentation of Travel Expenses
Travel costs shall be substantiated by receipts made available to DOJ upon request for reimbursement.

Acceptable documentation of travel expenses includes copies of receipts for meals, lodging, etc., and if applicable, completed agency mileage forms. All receipts must show ‘paid’.

Training
Each grant recipient should send at least one representative to a workshop offered by the Tobacco Grant Program during the first year of each grant award.

All trainings must be Tobacco Grant-related. If the training is not offered by DOJ and specifically related to the Grant Agreement, then prior approval must be sought. To obtain prior approval for training, the Grantee must submit specific training information (e.g., flyer, agenda, registration notification, etc.) to confirm it covers tobacco-related content. No portion of training covering non-tobacco topics (e.g. alcohol, cannabis, or other drugs) will be reimbursable. Acceptable documentation for reimbursement of training expenses includes copies of receipts, proof of payment, and training information and approval notification from DOJ as noted above. Any travel associated with the training must comply with travel requirements noted above.

Other Expenses
Supplies and Materials
Supplies and materials that directly support the applicant’s project and are not restricted items may be purchased using grant funds. Items in this category must not meet the definition of Equipment and may be consumable.

All items which include artwork and/or anti-tobacco messaging require pre-approval from DOJ. As a guideline, the anti-tobacco logo/message must be the prominent feature and should be at least 25% larger than any other logo/message in the design. If there is a front and back to an item, the antitobacco logo/message must be placed on the front.

Examples of allowable supplies/materials (if approved in the budget) include but are not limited to:
• Education materials (pamphlets, brochures, flyers).
• Community outreach items (e.g., pop-up tent, table, tablecloth, prize wheel). 354
10 • Promotional materials with an anti-tobacco message (e.g., hats, t-shirts, pencils/pens, water bottles, draw string/reusable bags, lanyards). The anti-tobacco messaging should be predominant and can be an image and/or text. Approval of logo/messaging is required from DOJ prior to purchase of the items.

Operating Costs
Examples of allowable operating costs (if approved in the budget) include, but are not limited to:
• Contracts and inter-agency agreements.
• Cell phone, including monthly service costs, allocable to grant project activities. • Media campaigns (prior approval of logos, language/statements to be used, pictures/graphics, etc., must be obtained from DOJ prior to expenditure of funds). • Office equipment (e.g., laptop/PC/printer) allocable to the grant project activities. • Video/Audio recording devices (for enforcement operations). • “Buy Money” used in the course of enforcement operations.

ADMINISTRATIVE COSTS
Administrative costs, if included in the Grantee’s budget, are limited to no more than 5% of direct project expenses (See Rev. & Tax. Code, § 30130.57, subd. (f) and (g)).

RESTRICTED ITEMS
Grant funds shall not be used to purchase items that are considered restricted and/or intended for personal use. Examples include but are not limited to:
• Ammunition
• Awards
• Award certificates
• Balloons
• Briefcases
• Calendars (decorative)
• Cleaning supplies
• Coffee pots and supplies
• Drones
• Facilities lease/rent
• Facilities renovations
• Firearms and related accessories (scopes, holsters, racks, etc.) • Food, beverages, and any other consumables (including for meetings/conferences) • Gift Cards
• Hand sanitizers
• K9
• Kleenex/tissue papers
• Luggage
355
11 • Luggage carriers
• Pepper spray
• Personalized products used to advertise an agency and/or programs (e.g., pens, magnets) that are not specific to an anti-smoking/anti-tobacco campaign • Picture frames
• Plastic eating utensils
• Portable fans
• Portable heaters
• Refrigerators
• Ribbons
• Uniforms and standard complement items (battle dress uniforms, vests, boots, etc.) • Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage reimbursement are allowable)
If there is a question about whether an item will be approved for reimbursement, then prior approval from the Tobacco Grant Program should be sought.

RECORD AND MATERIALS MAINTENANCE

RECORDS RETENTION PERIOD
Your agency must maintain grant records for the retention period established by your agency for those types of records OR for five years after a grant is closed out by DOJ, whichever is longer.

RECORDS TO MAINTAIN
Your agency must maintain records relating to the application, grant agreement, budget, and performance of projects. These records include, but are not limited to, reports of enforcement activities, educational programs, policy programs; personnel activity records; payroll records; travel claims; receipts; documents showing the calculation or methodology for determining whether funds were supplanted; and documents showing the calculation or methodology for determining administrative costs.

TOBACCO PRODUCTS
Grantees shall retain and preserve the tobacco products purchased or otherwise obtained during the course of performing a project, and the purchase records for such tobacco products, in accordance with the Grantee’s written policies regarding retention, destruction or forfeiture of such items.

EQUIPMENT
Grantees shall maintain property records for the records retention period for each item of tangible property considered as equipment.

USE OF SUBMITTED DATA
Data submitted pursuant to the Grant Agreement may be compiled for DOJ use. 356
12 PUBLIC RECORDS ACT NOTICE
Grant documents, including correspondence, are considered public records and subject to the disclosure requirements of the California Public Records Act (CPRA) as solely determined by DOJ. 357
13 GRANT MANAGEMENT

INVOICING

INVOICE PACKAGES
Submit invoices using DOJ-provided forms with all required attachments via email to [email protected].

A complete invoice package must include:
• The invoice cover page signed by the agency representative; • The invoice detail pages; and
• Documentation of costs incurred and their subsequent payment for all Operating Expenses and Equipment (Section B) claimed. Goods and services received must be shown to have been paid in full.

Grantee must be in possession of supporting documentation for all claimed expenses prior to requesting reimbursement.

OTHER REQUIREMENTS
Prior to authorizing reimbursement on invoices submitted, DOJ will compare expenses claimed against all required reporting.

INVOICING FREQUENCY AND DEADLINES
Invoices, or requests for reimbursement, must be submitted quarterly (in arrears) by the deadlines listed below. If the date falls on a weekend or holiday, the reimbursement package will be due on the next business day:

Table 1. Invoicing Timeline
Quarter Date Range Covered
(based on payment dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15
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14 REPORTING REQUIREMENTS

QUARTERLY PROGRESS REPORTS
Quarterly progress reports (QPRs) must be submitted electronically using a unique link and instructions sent by DOJ via email prior to each report due date. Grantees are expected to describe grant activities undertaken pursuant to the grant during the reporting period.

ENFORCEMENT DATA REQUIREMENT
Grantees performing tobacco retail enforcement or inspections must provide supplemental data regarding these activities on the same schedule as QPRs. This data must be submitted separately to [email protected] using the DOJ-provided form.

REPORTING FREQUENCY AND DEADLINES
Reports referenced below must be submitted quarterly by the deadlines listed below. If the date falls on a weekend or holiday, the report will be due on the next business day.

Table 2. Reporting Timeline
Quarter Date Range Covered
(based on activity dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15

MODIFICATIONS
Grantees seeking to modify any aspect of their grant should first contact their Grant Program Officer by emailing [email protected] for assistance. Specific cut-off dates and limitations may apply.

BUDGET MODIFICATIONS
A Budget Modification is limited to moving funds from one fiscal year to another and/or realigning funds between existing line items up to a 10% increase of the original amount awarded for any single line item across all fiscal years. Budget Modification requests require the submission of the Modification Request form and a revised Budget Detail.

Up to three Budget Modifications are allowed per fiscal year during the Grant Term. 359
15 GRANT MODIFICATIONS
A Grant Modification involves change to the Grant Agreement that exceeds the scope of a Budget Modification. Requests for a Grant Modification may propose changes to the use of grant funds, project description, project timeline, or other changes related to the project or budget. Grant Modification requests require submission of the Modification Request form including written justification of the need for changes and description of how the proposed changes align with the grant award. Requests modifying the budget require submission of a revised Budget Detail. Requests modifying goals and activities require submission of a revised Summary of Award.

Only one Grant Modification is allowed during the Grant Term.

EXTENSIONS
DOJ cannot reimburse for any expenses paid after the end date of the Grant Term as specified in the MOU. Flexibility to expend funds across four fiscal years is built into the MOUs. DOJ will not consider requests to extend the Grant Term unless received by DOJ at least six months prior to the end date of the MOU.

CLOSEOUT
DOJ shall conduct closeout review activities prior to closing out each grant to ensure that all necessary administrative actions and projects have been completed by the Grantee. Closeout review activities include, but are not limited to, review of required reporting, verification that any performance issues are resolved, and verification that any audit or agreed-upon-procedure findings are resolved. 360
16 DEFINITIONS
The following definitions apply to the Tobacco Grant Program:

Administrative Costs
The necessary and reasonable indirect expenses as allowed under the terms and conditions of the grant agreement.

Application
An application is a request by an eligible agency to receive a grant from DOJ pursuant to Revenue and Taxation Code section 30130.57, subdivision(e)(1).

Contractor
An entity or person, including a consultant, that enters into a contract with a Grantee to perform an approved grant-related activity. May also be referred to as a “Partner.” DOJ
The California Department of Justice.

Equipment
An item that has a per-unit acquisition cost of $5,000 or more and a useful life of at least one year.

Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term.

Grant
An award of financial assistance made to a Grantee, the principal purpose of which is the transfer of funds to carry out a project of public benefit authorized and intended by Revenue and Taxation Code section 30130.57, subdivision (e)(1), a Proposal, and the Grant Agreement between the Grantee and DOJ.

Grant Agreement
The final agreement entered into between DOJ and a Grantee, which sets forth the terms and conditions of the Grant. The grant agreement includes the executed MOU, Request for Proposals and associated documents, Summary of Award document, Budget Detail, and this Handbook.

Grant Program Officer
A DOJ staff member assigned as the primary point-of-contact for Grantees with regards to the implementation and administration of the grant. Formerly titled “Grant Administrator.” Grant Term
The period of time provided for in the Grant Agreement. Previously referred to as “Grant Duration.” Grantee
A local agency to which a Grant is awarded.
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17 Inspection Data
Information regarding retailer inspection or enforcement activity by a Grantee under the terms of the grant agreement, including, but not limited to, information about retailer location, retailer violations, retailer inspections, and retail-related citations, licensing actions, administrative proceedings, diversion proceedings, and prosecutions. Inspection data includes information regarding such activities whether or not a violation was found or a citation was issued. A grant agreement may contain further information about what constitutes inspection data, how it is to be gathered and retained by a Grantee, and how and when it is to be reported to DOJ.

Letter of Intent (LOI)
A document affirming an awarded agency’s intent to accept the grant award.

Local Law Enforcement Agency
A local government entity, such as a county, city, district, public authority, public agency, and any other political subdivision or public corporation that can support and hire law enforcement peace officers (as defined in Penal Code section 830) and is authorized to:
(1) Investigate or conduct an official inquiry into enforcement of state and local laws, ordinances, regulation, and policies related to the illegal sales and marketing of tobacco products to minors and youth, or
(2) Prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of tobacco products to minors and youth.

Project
An undertaking that is planned to conduct activities and achieve stated goals and objectives for which funds were awarded by DOJ to a Grantee from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.

Quarterly Progress Reports (QPRs)
Reports of grant-related activity performed in accordance with the approved project. Submission of these reports is required on a quarterly basis.

Records Retention Period
The period of time after the grant is closed out that a Grantee must maintain records related to the grant, which is at least five years from the date the grant is closed by DOJ.

Request for Proposals (RFP)
A solicitation for project proposals from eligible Local Law Enforcement Agencies.

Summary of Award
Document that contains the Grantee’s approved goals/objectives and budget narrative reflective of any reductions and/or revisions.

Supplant
Using grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The 362
18 effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.

Tobacco Products
The same meaning as in Revenue and Taxation Code section 30121. 363

STAFF REPORT

CITY COUNCIL

Agenda Item 5.8
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Revisions to the Personnel System
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

The City Council will consider proposed changes to the City’s Personnel System, specifically the Classification Plan and Salary Plan related to part-time job classifications.

STAFF RECOMMENDATION:

Adopt the following: 1) Resolution Amending the Classification Plan; and 2) Resolution Amending the Salary Plan for Part-Time Personnel.

FINANCIAL IMPACT:

The proposed changes to the Personnel System, if approved by the City Council, will not require a budget adjustment as there are no financial impacts of updating the part-time job classifications.

Part-time salary rate adjustments resulting from updates to the salary ranges have already been projected and included in the approved Fiscal Year 2024-25 budget.

DESCRIPTION:

Pursuant to the City’s Personnel System Rules, a job description must be adopted for each classification in the organization. The job description typically includes key elements, knowledge, skills, abilities, and position requirements. The job descriptions make up the City’s Classification Plan.

The revisions to the part-time, temporary/seasonal job classifications are proposed to restructure some classifications in order to illustrate a clearer path of promotional opportunities within the City’s Park and Community Services Department. The desire is to encourage retention and growth through opportunities for greater responsibility within programmatic areas, which will increase retention and reduce turnover. Specifically, we are proposing moving to a Recreation Leader I/II/III series and the addition of a Pool Manager as the highest level of part-time staff at The 364

Wave.

Attachment 1 includes the following amendments:
 Updating the Classification Plan by eliminating the classifications of Customer Services Assistant and Food Service Worker. These classifications are no longer in use, and there are no plans to utilize them in the future.
 Updating the titles of Recreation Aide to Recreation Leader I (Exhibit A) and Recreation Leader to Recreation Leader II (Exhibit B). Changing titles will easily identify employees' progress through the job series. Additional miscellaneous updates to the job specification are also proposed.
 Adding the classification of Recreation Leader III (Exhibit C) to the Classification Plan.

Recreation Leader III’s will be reserved for a few designated shift-lead roles at after-school recreation, summer camps, and as preschool teachers.
 Adding Pool Manager (Exhibit D) back to the Classification Plan. In 2020, the duties of a Pool Manager were consolidated into the Program Specialist job specification. It has come to the Staff’s attention that the duties of the Pool Manager are different and distinct from the other Program Specialists throughout the Parks and Community Services Department.

This will more clearly delineate career progression, specifically at The Wave.  Revising the Program Specialist (Exhibit E) job specification to remove the components related to pool management, as those duties will now be incorporated into the Pool Manager classification discussed above.
 Revising the Head Lifeguard (Exhibit F) job specification to lower the minimum education requirement. This change will improve retention rates and provide a longer training period for newly promoted employees.

Salary Plan Amendment
Included in the City’s Personnel System are resolutions that address salary ranges for City personnel. Attachment 8 is a proposed amendment to update the salary ranges for the part-time classifications. To maintain competitive in the market, the recommended hourly rates were determined based on an analysis of comparable salaries within surrounding local government agencies in the Bay Area as well as local fast-food and retail establishments in and around Dublin.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
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ATTACHMENTS:
1) Resolution Amending the Classification Plan
2) Exhibit A to the Resolution – Recreation Leader I Job Specification 3) Exhibit B to the Resolution – Recreation Leader II Job Specification 4) Exhibit C to the Resolution – Recreation Leader III Job Specification 5) Exhibit D to the Resolution – Pool Manager Job Specification 6) Exhibit E to the Resolution – Program Specialist Job Specification 7) Exhibit F to the Resolution – Head Lifeguard Job Specification 8) Resolution Amending the Salary Plan for Part-Time Personnel 366
Attachment 1
Reso. No. XX-25, Item X.X, Adopted XX/XX/25 Page 1 of 1 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE CLASSIFICATION PLAN
WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and
WHEREAS, it is necessary to periodically amend job descriptions to the Classification Plan.

NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be further amended to delete the following job descriptions:

Customer Service Assistant
Food Service Worker
BE IT FURTHER RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be further amended to change the titles and update the following job descriptions:

Recreation Aide to Recreation Leader I (Exhibit A)
Recreation Leader to Recreation Leader II (Exhibit B)
BE IT FURTHER RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to include the following position:

Recreation Leader III (Exhibit C)
Pool Manager (Exhibit D)
BE IT FURTHER RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to update the following job description:

Program Specialist (Exhibit E)
Head Lifeguard (Exhibit F)
BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective January 14, 2025.
{Signatures on the following page}
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Reso. No. XX-25, Item X.X, Adopted XX/XX/25 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
Date Adopted: February 18, 2020
Date Revised: January 14, 2025
Title: Recreation Leader I
FLSA: Non-Exempt, Part-Time/Temporary-Seasonal/At-Will
Description
General Purpose
Under general supervision, assist in the proper use of a community recreational facility and assist in providing a variety of recreation programs related to preschool, playground, after-school programs, parks, teens, sports, special events, and senior citizen activities; assist in the oversight of the proper use of a community recreational facility; perform a variety of custodial tasks; assist the public and staff in the use of City facilities.

Supervision Received and Exercised
Receive general supervision from a Recreation Coordinator and may receive technical and/or functional supervision from a Recreation Leader II, Recreation Leader III or Program Specialist.

Essential Duties and Responsibilities
The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.

Inspect playing field area and equipment prior to play to ensure preparation and safety for play to begin, ensuring safety of players and spectators.
 Notify appropriate City staff regarding necessary repair and/or replacement of play areas/related equipment.
 Set up furniture or equipment for activities scheduled and see that it is in proper condition and is replaced after use.
 Assist in setting up, taking down, and cleaning up recreational facilities; as assigned, open and close facilities as scheduled for use, and secure the facility upon leaving.  Assist in carrying out recreational activities appropriate to a variety of locations such as playgrounds, parks, community centers, preschool classrooms, school sites, and sports facilities.  Assist in leading activities in areas such as arts and crafts, games, sports, music, drama, and nature study.
 Monitor activities of facility users for appropriate and safe conduct.  Exercise precautions necessary to ensure the safety of recreation program participants and spectators.
 Answer the telephone, provide information to callers and write messages, as needed.  Assist customers at the front counter.
 Collect fees from public swimming pool patrons and aquatics class registrants, and issue pool passes.
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 Perform general clerical work such as issuing receipts, photocopying, and filing; complete and submit required forms and reports.
 Complete daily attendance and cash receipt report forms.  Assist in interpreting and applying Parks and Community Services Department policies and procedures in various program areas.
 Clean up after facility users and set up for subsequent activities; sweep and mop floors as required, empty trash receptacles throughout the facility, as necessary; keep restrooms and kitchen clean and well stocked with paper towels, tissues, etc.  Clean and sanitize workstation and equipment.
 Provide minor first aid to recreation program participants and/or perform related first aid/emergency techniques.
 Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
 Perform other duties as assigned.

Minimum Qualifications
Knowledge of
 English language skills, including punctuation and spelling.  Basic knowledge of a variety of recreation activities.  Techniques of instruction for conducting recreation programs in preschool, playground, parks, after school programming, teens, sports, museum, special events, and senior citizen activities.  Basic arithmetic, including addition, subtraction, multiplication and division.  Point of sale or cash registers.
 Customer services techniques.

Ability to
 Learn skills needed to conduct basic recreation activities.  Follow written and oral instructions.
 Communicate clearly and concisely, both orally and in writing.  Deal with difficult or stressful situations in a calm and professional manner.  Establish and maintain cooperative working relationships with those contacted in the course of work.
 Use a personal computer (desirable).
 Exercise courtesy and tact in dealing with recreation program participants and spectators.  Work effectively with preschool, elementary and teenage children and parents.  Explain and enforce rules, regulations, procedures, and program objectives.  Administer basic First Aid/CPR.
 Work nights, weekends, and holidays.

Training and Experience
Any combination equivalent to education and experience likely to provide the required knowledge and abilities are qualifying. A typical way to obtain the knowledge and abilities would be:
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Education
There is no educational requirement for this class.

Experience
Work experience is not required; experience in handling money and cashiering is desirable.

Demonstrated experience (paid or volunteer) working with school age children in a structured or supervised social/recreational program is desirable.

Licenses; Certificates; Special Requirements

1. At time of hire, must be 15 years of age or older.

2. Any offer of employment to an adult who will have direct contact with minors is conditional upon submission of completed fingerprint screening and a satisfactory background check.

3. Current certification in First Aid and CPR is required within one month of employment.

4. Possession of a valid California Class C driver’s license is not required for this class; however, if an employee possesses a valid license, he/she may be required to provide a Certificate of Automotive Insurance for Personal Liability.

5. This classification is designated as a Mandated Reporter; Completion of Mandated Reporter training is required within one month of employment.

Other Necessary Requirements
Physical Standards
 The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.  On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and report operational and technical policy and procedures.  Employees must be able to stand and/or sit for extended periods; communicate in person, during meetings, and by phone; and use hands to operate office equipment. Physical tasks include bending, twisting, standing, walking, and lifting up to 50 pounds or pushing/pulling equipment up to 100 pounds. Duties require written and verbal communication, interpreting information and layouts, and interacting with staff, volunteers, vendors, and the public. 371
Attachment 3
Exhibit B to the Resolution
Date Adopted: February 18, 2020
Date Revised: January 14, 2025
Title: Recreation Leader II
FLSA: Non-Exempt, Part-Time/Temporary-Seasonal/At-Will
Description
General Purpose
Under general supervision, lead and conduct activities in the delivery of recreation program areas including preschool, playground, after school programs, parks, teens, sports, special events, and senior citizen; oversee the proper use of a community recreational facility; perform a variety of custodial tasks; assist the public and staff in use of City facilities.

Distinguishing Characteristics
The Recreation Leader II classification is distinguished from the Recreation I classification in the complexity of duties assigned, independence of action taken, the amount of time spent performing the duties, the nature of the public contact made, and its training responsibilities of new staff. Positions at this level are required to be fully trained in all procedures related to assigned area of responsibility.

Supervision Received and Exercised
• Receive general supervision from a Recreation Coordinator and may receive technical and/or functional supervision from a Recreation Leader III or Program Specialist. • Exercise technical and functional supervision over Recreation Leader I.

Essential Duties and Responsibilities
The following duties are typical for this classification. The omission of specific statements of duties does not exclude them from the position if the work is a similar, related, or logical assignment to this class. • Perform all duties and responsibilities as Recreation Leader I. • Lead and conduct recreational activities in program areas such as preschool, playground, parks, after school programming, teens, sports, museum, special events, and senior citizen activities. • Lead and conduct activities in areas such as arts and crafts, games, sports, music, drama, and nature study.
• Lead and instruct participants in the rules and methods of playing indoor and outdoor games. • Inspect activity areas and related equipment, make written reports of damage to equipment or facility and recommend maintenance and repair, as appropriate. • Enforce safety rules and regulations; maintain orderly participant conduct. • Provide minor first aid to recreation program participants/spectators and/or perform related first aid/emergency techniques.
• Exercise precautions necessary to ensure the safety of program participants, spectators, and renters.
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• Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
• Open and close facilities as scheduled for use; clean up after facility users and set up for subsequent activities; secure the facility upon leaving. • Set up furniture or equipment for activities scheduled and see that it is in proper condition and is replaced after use.
• Sweep and mop floors as required; keep restrooms and kitchen clean and well stocked with paper towels, tissues, etc.; empty trash receptacles throughout the facility as necessary. • Responsible for monitoring adherence to building rules and party limitations. • Maintain records and complete written program plans and reports. • When work assignments are in public area of assigned facility, greet visitors, collect fees, have visitors sign guest book.
• Provide facility and exhibit orientations and/or tours including appropriate tour materials. • Lead and conduct lessons, games, crafts and songs for after school, camps, and preschool programs.
• Function as supervising attendant for facility rentals, as necessary. • Monitor patrons, patrol parks and enforce rules to ensure that permit areas are safe, clean, and functional; notify Dublin Police Services as deemed necessary. • Observe park conditions to ensure that permit areas, including picnic areas and fields are within appropriate standards.
• Post City information as required and remove outdated and or unauthorized notices. • Confirm reservations for specific permitted areas; resolve conflicts when appropriate. • Provide advice and information on park and recreation regulations to the public when requested and/or as needed; prepare incident reports and related documentation as needed. • Ensure that activities operate in accordance with general department philosophy, objectives and guidelines.
• Perform related duties as assigned.

Minimum Qualifications
Knowledge of
• English language skills, including punctuation and spelling. • Operational characteristics of assigned recreation programs. • Principles and practices of facility maintenance and operational practices. • Principles and practices of standard safety precautions. • Techniques of instruction, and use of equipment and supplies, for conducting recreation programs in preschool, playground, parks, after school programming, teens, sports, museum, special events, and senior citizen activities.
• Basic arithmetic, including addition, subtraction, multiplication and division. • Point of sale or cash registers.
• Customer service principles and conflict resolution.

Ability to
• Lead and conduct recreation programs and activities.
• Lead and conduct effective program curriculum/content and assist in planning and scheduling activities.
• Organize people, supplies, equipment and facilities.
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• Follow written and oral instructions.
• Express ideas and communicate effectively both verbally and in writing. • Exercise courtesy and tact in dealing with program participants, spectators, and renters. • Deal with difficult or stressful situations in a calm and professional manner. • Problem-solve conflicts and disputes as applicable.
• Establish and maintain cooperative working relationships with those contacted in the course of work.
• Work effectively with preschool, elementary, and teenage children and parents. • Learn tour and exhibit content; provide tours to diverse audiences. • Analyze and interpret facility policies and procedures. • Explain and enforce rules, regulations, procedures and program objectives. • Administer basic First Aid/CPR.
• Work nights, weekends, and holidays.

Training and Experience
Any combination equivalent to education and experience likely to provide the required knowledge and abilities are qualifying. A typical way to obtain the knowledge and abilities would be:

Education
There is no educational requirement for this class.

Experience
A minimum of one-year experience performing duties similar to that of a Recreation Leader I.

Licenses; Certificates; Special Requirements

1. At time of hire, must be 16 years of age (18 years of age or older depending on assignment).

2. Any offer of employment to an adult who will have direct contact with minors is conditional upon submission of completed fingerprint screening and a satisfactory background check.

3. Current certification in First Aid and CPR is required.

4. Possession of a valid California Class C Driver’s License and certificate of automobile insurance for personal liability may be required, depending on assignment.

5. This classification is designated as a Mandated Reporter; Completion of Mandated Reporter training is required within one month of employment.

Physical Standards
• The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and report operational and technical policy and procedures. • Employees must sit and/or stand for extended periods; communicate in person, during meetings, and by phone; and use hands to operate office equipment. Physical tasks include bending, twisting, standing, walking, and lifting up to 50 pounds or pushing/pulling equipment up to 100 pounds. Duties require written and verbal communication, interpreting information and layouts, and interacting with staff, volunteers, vendors, and the public. 374
Attachment 4
Exhibit C to the Resolution
Date Adopted: January 14, 2025
Date Revised:

Title: Recreation Leader III
FLSA: Non-Exempt, Part-Time/Temporary-Seasonal/At-Will
Description
General Purpose
Under general supervision, assist in planning and oversee the delivery of recreation program areas including preschool, playground, after school programs, parks, teens, sports, special events, and senior citizen; oversee the proper use of a community recreation facilities; perform a variety of custodial tasks; assist the public and staff in use of City facilities.

Distinguishing Characteristics
The Recreation Leader III classification is distinguished from the Recreation Leader I/II in the complexity of duties assigned, independence of action taken, the amount of time spent performing the duties, the nature of the public contact made, and its training responsibilities of new staff. Positions at this level are required to be proficient in all tasks associated with the delivery of recreation programs in assigned area of responsibility.

Supervision Received and Exercised
• Receives general supervision from a Recreation Coordinator. May receive technical and/or functional supervision from a Program Specialist.
• Exercise technical and functional supervision over Recreation I/II.

Essential Duties and Responsibilities
The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is a similar, related or logical assignment to this class. • Perform all duties and responsibilities as Recreation Leader I/II. • Assist in planning and oversight of various recreation activities in program areas such as preschool, playground, parks, after school programming, teens, sports, museum, special events, and senior citizen activities.
• Serve as the site or program lead for assigned program area, including but not limited to afterschool programs, summer camps, and preschool programs. • Ensure facilities are safe, clean, and prepared for programs or events. • Develop and implement engaging program activities while addressing participant behavior. • Provide regular updates to parents/guardians and communicate effectively with staff, participants, and the public.
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• Provide minor first aid to recreation program participants/spectators and/or perform related first aid/emergency techniques.
• Exercise precautions necessary to ensure the safety of recreation program participants and spectators.
• Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
• Provide program reports as necessary and assist Recreation Coordinators and Program Specialists.
• Perform other duties as assigned.

Minimum Qualifications
Knowledge of
• English language skills, including punctuation and spelling. • Operational characteristics of assigned recreation programs. • Principles and practices of facility maintenance and operational practices. • Principles and practices of standard safety precautions. • Basic arithmetic, including addition, subtraction, multiplication and division. • Point of sale or cash registers.
• Techniques of instruction, and use of equipment and supplies, for conducting recreation programs in preschool, playground, parks, afterschool programming, teens, sports, museum, special events, and senior citizen activities.
• Principles and techniques of effective leadership and supervision. • Customer service principles and conflict resolution.

Ability to
• Assist in planning and overseeing the delivery of recreation programs and activities. • Provide functional supervision of Staff in Recreation Leader I/II classifications. • Organize people, supplies, equipment and facilities.
• Follow written and oral instructions.
• Express ideas and communicate effectively both verbally and in writing. • Exercise courtesy and tact in dealing with program participants, spectators, and renters. • Deal with difficult or stressful situations in a calm and professional manner. • Problem-solve conflicts and disputes as applicable.
• Establish and maintain cooperative working relationships with those contacted in the course of work.
• Work effectively with preschool, elementary, and teenage children and parents. • Learn tour and exhibit content; provide tours to diverse audiences. • Analyze and interpret facility policies and procedures. • Explain and enforce rules, regulations, procedures, and program objectives. • Administer basic First Aid/CPR.
• Work nights, weekends, and holidays.

Training and Experience
Any combination equivalent to education and experience likely to provide the required knowledge and abilities are qualifying. A typical way to obtain the knowledge and abilities would be:
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Education
Equivalent to the completion of the twelfth grade; college level course work in recreation, leisure services, or a related field is desirable.

Experience
A minimum of two years' experience performing duties similar to that of Recreation Leader II with the City of Dublin.

Licenses; Certificates; Special Requirements

1. At time of hire, must be 18 years of age or older.

2. Any offer of employment to an adult who will have direct contact with minors is conditional upon submission of completed fingerprint screening and a satisfactory background check.

3. Current certification in First Aid and CPR is required.

4. Possession of a valid California Class C Driver’s License and certificate of automobile insurance for personal liability may be required, depending on assignment.

5. This classification is designated as a Mandated Reporter; completion of Mandated Reporter training is required within one month of employment.

Other Necessary Requirements
Physical Standards
• The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and report operational and technical policy and procedures. • Employees must stand and/or sit for extended periods; communicate in person, during meetings, and by phone; and use hands to operate office equipment. Physical tasks include bending, twisting, standing, walking, and lifting up to 50 pounds or pushing/pulling equipment up to 100 pounds. Duties require written and verbal communication, interpreting information and layouts, and interacting with staff, volunteers, vendors, and the public. 377
Attachment 5
Exhibit D to the Resolution
Date Adopted: January 14, 2025
Date Revised:

Title: Pool Manager
FLSA: Non-Exempt, Part-Time/Temporary-Seasonal/At-Will
Description
General Purpose
To plan, organize, and supervise aquatics programs related to the management and operation of a public swimming pool.

Distinguishing Characteristics
The Pool Manager classification is distinguished from the Head Lifeguard classification in the complexity of duties assigned, independence of action taken, the amount of time spent performing the duties, the nature of the public contact made, and its training responsibilities of staff. Positions at this level are required to be proficient in all tasks associated with the delivery of recreation programs in assigned area of responsibility.

Supervision Received and Exercised
 Receives general supervision from a Recreation Coordinator. May receive technical and/or functional supervision from a Program Specialist.  Exercise technical and functional supervision over part-time staff.

Essential Duties and Responsibilities
The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this class.
 Plan, organize, and supervise swimming activities at a public swimming facility.  Schedule, supervise and evaluate part-time staff; plan and conduct in-service training.  Schedule and maintain staff rotation and breaks; determine appropriate duties for lifeguards during periods when not assigned to lifeguard chair.  Assist with staff recruitment and hiring.
 Teach certification classes adhering to all third-party standards, and/or serve as swim instructor or lifeguard, as needed.
 Maintain up-to-date safety inspection records, chemical testing records, employee audit records, related swim lesson records, and prepare required reports promptly.  Assist in the supervision of pool and building maintenance; conduct necessary inventory and notify Recreation Coordinator when supplies are needed, or equipment needs repair.
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 Performs routine administrative duties including answering phone calls, counter reception, cash handling, and participant registration.  Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.  Perform other duties as assigned.

Minimum Qualifications
Knowledge of
 English language skills, including punctuation and spelling.  Operational characteristics of assigned aquatics facilities.  Principles and practices of facility maintenance and operational practices.  Principles and practices of standard safety precautions.  Basic arithmetic, including addition, subtraction, multiplication, and division.  Point of sale or cash registers and cash handling procedures.  Public aquatics facility rules, regulations, and policies.  Principles and techniques of effective leadership and supervision.  Customer service principles and conflict resolution.
 Use and care of lifesaving techniques and equipment used at public aquatics facilities.  Basic pool chemistry and maintenance.
 Basic computer and professional communication skills.

Ability to
 Plan, organize, and supervise programs related to the management and operation of a public aquatic facility.
 Supervise, train, and evaluate part-time staff.
 Demonstrate competency in all swimming strokes and adhere to physical standards.  Exercise courtesy and tact in dealing with program participants, spectators, and renters.  Deal with difficult or stressful situations in a calm and professional manner.  Problem-solve conflicts and disputes as applicable.
 Establish and maintain cooperative working relationships with those contacted during work.
 Analyze, interpret, and enforce facility and city policies and procedures.  Organize people, supplies, equipment, and facilities.  Explain and enforce guidelines, procedures, and program objectives to staff and customers.
 Maintain order and safety in a crowded and noisy environment.  Perform and demonstrate lifesaving and emergency first aid techniques and practices.  Prepare, oversee, and/or review reports related to pool management and operations.  Express ideas and communicate effectively both verbally and in writing.  Independently organize work, set priorities, meet deadlines, and follow-up on assignments.
 Use modern office practices, methods, and computer equipment and applications.  Work nights, weekends, and holidays.
379
Training and Experience
Any combination equivalent to education and experience likely to provide the required knowledge and abilities are qualifying. A typical way to obtain the knowledge and abilities would be:

Education
Equivalent to the completion of the twelfth grade. Some college coursework in recreation administration, sports management or related field is desirable.

Experience
Two years of experience managing aquatics facilities and/or programs like those of the City of Dublin, or experience equivalent to completion of two seasonal assignments as Head Lifeguard with the City of Dublin.

Licenses; Certificates; Special Requirements

1. At time of hire, must be 18 years of age or older.

2. American Red Cross Water Safety Instructor and Lifeguard Instructor certification is desirable.

3. Completion of Rope Access and Fall Protection certification offered by the City of Dublin within one year of employment.

4. Any offer of employment to an adult who will have direct contact with minors is conditional upon submission of a completed fingerprint screening and a satisfactory background check.

5. Current certification in American Red Cross CPR/AED for the Professional Rescuer, First Aid, Administering Emergency Oxygen, Lifeguard Training, Blood Bourn Pathogen, and First Aid for Public Safety Personnel (Title 22).

6. This classification is designated as a Mandated Reporter; Completion of Mandated Reporter training is required within one month of employment.

Physical Standards
 The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
 On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and report operational and technical policy and procedures.
 Employees must stand and/or sit for extended periods; communicate in person, during meetings, and by phone; and use hands to operate office equipment. Physical tasks include bending, twisting, standing, walking, and lifting up to 50 pounds or pushing/pulling equipment up to 100 pounds. Duties require written and verbal communication, interpreting information and layouts, and interacting with staff, volunteers, vendors, and the public.
 The employee is required to adhere to physical standards set by third-party certification requirements during employment and engage in ongoing conditioning during specified employee training.
380
Attachment 6
Exhibit E to the Resolution
Date Adopted: December 16, 2014
Date Revised: February 18, 2020
January 14, 2025
Title: Program Specialist
FLSA: Non-Exempt, Part-Time/Temporary-Seasonal/At-Will
Description
General Purpose
The purpose of the Program Specialist classification is to assist in the development, organization, and operations of programs and projects within the City.

Distinguishing Characteristics:

Employees assigned to this classification are responsible for performing a broad range of tasks that support planning, coordinating and implementing programs within an assigned area. The individual is expected to perform routine and difficult staff work and take specific responsibility for the assigned programs.

Supervision Received/Exercised
Receive direction from full-time personnel. As appropriate, may exercise technical and functional supervision over part-time recreation staff and volunteers Essential Duties and Responsibilities
The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this class.  Under supervision, assist with planning, coordinating and implementing programs and projects within an assigned area.
 Aid in the analysis, implementation and monitoring of City programs.  Assist in the development of new program elements and program modifications as necessary to meet stated goals and objectives.
 Conduct surveys and perform routine research and statistical analyses as requested; prepare related reports.
 Compile materials and assist in the preparation of reports, manuals, publications and miscellaneous public information literature.
 Oversee part-time recreation staff as assigned and review the activities of volunteers.  Assist with administrative tasks including the maintenance of records, files and other data.  Participate in assessing supplies needed for programs and requisition additional supplies as needed.
381
2  Assist in the assurance that City activities start and finish in the prescribed manner and time frames.
 Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Minimum Qualifications
Knowledge of
 Techniques and methods related to the coordination of the assigned program or project.  Basic budgeting techniques.
 Pertinent local, State and Federal laws, ordinances and rules.  English language usage, spelling, punctuation, and grammar.  Principles and practices of record keeping.
 Principles and practices of standard safety precautions.  Methods of program planning and evaluation.
 Operational characteristics of the assigned Parks and Community Services program or project.  Principles and techniques of effective leadership and supervision.  Customer service principles and conflict resolution.

Ability to
 Assist with planning, coordinating and implementing programs and projects.  Communicate in an effective manner, both orally and in writing.  Use a personal computer, including word processing, spreadsheet, database, and desktop publishing applications.
 Establish and maintain cooperative working relationships with those contacted in the course of work.
 Attend day, evening, and weekend meetings and events.  Problem-solve conflicts and disputes.
 Supervise, train, and evaluate part-time staff.
 Analyze, interpret and explain program policies and procedures.  Prepare written reports, newsletters, flyers and other written materials.  Exercise good judgment, tact and courtesy.

Training and Experience
Any combination equivalent to education and experience is likely to provide the required knowledge and abilities are qualifying. A typical way to obtain the knowledge and abilities would be:

Education
 Completion of twelfth grade and some college course work in the area relevant to the assigned program area.
 Completion of Associates Arts or Science degree (A.A/A.S.) is desirable.  If assigned to Preschool Program, college course work must include specialization in early childhood education.

Experience
Two years of progressively responsible paid experience in programming and project areas representative of the assigned program area, with at least one-year of experience supervising 382
3 Staff.

Licenses; Certificates; Special Requirements

1. At time of hire, must be 18 years of age or older

2. Possession of valid Red Cross CPR and First Aid Certification.

3. Any offer of employment to an adult who will have direct contact with minors is conditional upon submission of a completed fingerprint screening and a satisfactory background check.

4. Possession of a valid California Class C Driver’s License and a Certificate of Automotive Insurance for Personal Liability may be required, depending on assignment.

5. This classification is designated as a Mandated Reporter; Completion of Mandated Reporter training is required within one month of employment.

Physical Standards
 The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.  On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and report operational and technical policy and procedures.  Employees must sit and/or stand for extended periods; communicate in person, during meetings, and by phone; and use hands to operate office equipment. Physical tasks include bending, twisting, standing, walking, and lifting up to 50 pounds or pushing/pulling equipment up to 100 pounds. Duties require written and verbal communication, interpreting information and layouts, and interacting with staff, volunteers, vendors, and the public. 383
Attachment 7
Exhibit F to the Resolution
Date Adopted: June 7, 2016
Date Revised: January 14, 2025
Title: Head Lifeguard
FLSA: Non-Exempt, Part-Time/Temporary-Seasonal/At-Will
Description
General Purpose
To assist in planning, organizing, and supervising aquatics programs related to the management and operation of a public swimming pool.

Distinguishing Characteristics
The Head Lifeguard classification is distinguished from the Lifeguard classification in the complexity of duties assigned, independence of action taken, the amount of time spent performing the duties, the nature of the public contact made, and its training responsibilities of staff. Positions at this level are required to be proficient in all tasks associated with the delivery of recreation programs in assigned area of responsibility.

Supervision Received and Exercised
 Receives general supervision from the Recreation Coordinator, Pool Manager, or Program Specialist.
 May exercise technical and functional supervision over part-time staff, as appropriate.

Essential Duties and Responsibilities
The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.  Enforce pool safety rules and regulations; maintain orderly patron conduct.  Oversee lifeguard team; serve as lifeguard as needed.  Maintain up-to-date records and prepare related reports as required.  Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
 Perform other duties as assigned.

Minimum Qualifications
Knowledge of
 City swimming pool rules, regulations, and policies.
 Basic techniques of motivation and leadership.
 Use and care of lifesaving techniques and equipment used at public swimming pools. 384
 English usage, spelling, punctuation, and grammar.

Ability to
 Assist in the management and operation of a public swimming pool.  Oversee part-time staff activities, as assigned.
 Perform all lifesaving strokes according to American Red Cross standards, engage in physical activity.
 Perform and demonstrate lifesaving and emergency first aid techniques and practices.  Deal with difficult or stressful situations in a calm and professional manner.  Prepare reports related to pool management and operations, as assigned.  Communicate clearly and concisely, both orally and in writing.  Establish and maintain cooperative working relationships with those contacted in the course of work.
 Use of computer applications is desirable.
 Explain and enforce rules, regulations, procedures, and program objectives.  Work nights, weekends, and holidays.

Training and Experience
Any combination equivalent to education and experience likely to provide the required knowledge and abilities are qualifying. A typical way to obtain the knowledge and abilities would be:

Education
There is no educational requirement for this class.

Experience
Three years’ experience or equivalent to completion of three seasonal assignments as Lifeguard with the City of Dublin.

Licenses; Certificates; Special Requirements

1. At time of hire, must be 16 years of age or older.

2. American Red Cross Water Safety Instructor and Lifeguard Instructor certification is desirable.

3. Any offer of employment to an adult who will have direct contact with minors is conditional upon submission of a completed fingerprint screening and a satisfactory background check.

4. Current certification in American Red Cross CPR/AED for the Professional Rescuer, First Aid, Administering Emergency Oxygen, Lifeguard Training, Blood Bourn Pathogen, And First Aid for Public Safety Personnel (Title 22).

5. This classification is designated as a Mandated Reporter; Completion of Mandated Reporter training is required within one month of employment.

Other Necessary Requirements
Physical Standards
 The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.  On a continuous basis, know and understand all aspects of the job; intermittently analyze work 385
papers, reports and special projects; identify and interpret technical and numerical information; observe and report operational and technical policy and procedures.  Employees must stand and/or sit for extended periods; communicate in person, during meetings, and by phone; and use hands to operate office equipment. Physical tasks include bending, twisting, standing, walking, and lifting up to 50 pounds or pushing/pulling equipment up to 100 pounds. Duties require written and verbal communication, interpreting information and layouts, and interacting with staff, volunteers, vendors, and the public. 386
Attachment 8
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE SALARY PLAN FOR PART-TIME PERSONNEL
WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 143-21 and subsequent resolutions which comprise the Salary Plan for part-time personnel; and
WHEREAS, competitive salary provisions which will attract and retain quality employees are important to the organization; and
WHEREAS, it is necessary to periodically update salary provisions for part-time employees in the City’s personnel system.

NOW, THEREFORE, BE IT RESOLVED that the following salary ranges are adopted in accordance with the Personnel Rules:

Part-Time Classification Minimum Maximum
Administrative Intern $25.00 $30.00
Head Lifeguard $20.00 $22.50
Lifeguard/Swim Instructor $18.00 $20.50
Pool Manager $22.00 $28.50
Program Specialist $23.00 $33.00
Recreation Leader I Minimum Wage $19.50
Recreation Leader II $18.50 $21.50
Recreation Leader III $21.00 $27.50
Slide Attendant Minimum Wage $19.50
BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective January 14, 2025.
{Signatures on the following page}
387
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
388

STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Housing Element Implementation - Zoning Ordinance Amendments (PLPA4020-2024) Prepared by: Kristie Wheeler, Interim Assistant Community Development Director
EXECUTIVE SUMMARY:

The City Council will consider City-initiated amendments to the Zoning Ordinance to implement certain programs of the General Plan Housing Element. Amendments are proposed to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance). The City Council will also consider an exemption from the requirements of the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, waive the reading, and INTRODUCE the Ordinance Approving Amendments to the Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter

8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance). 389

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of the community.

On November 15, 2022, the City Council adopted Resolution No. 133-22, which approved the draft Housing Element and associated General Plan and Specific Plan amendments and rezonings. The Resolution also directed staff to submit the draft Housing Element to the State Department of Housing and Community Development (HCD) for review and certification. On November 18, 2022, staff submitted the draft 2023-2031 Housing Element for review and certification. The Housing Element was certified by HCD on January 19, 2024, and includes a number of programs that are required to be implemented by the City.

Proposed Project
The City has initiated amendments to the Zoning Ordinance to provide timely and effective implementation of the Housing Element. Amendments are proposed to Dublin Municipal Code (DMC) Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter

8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance).

The proposed amendments would implement the following Housing Element programs:

B.3: Density Bonus – Review and revise the Density Bonus Ordinance to ensure continued compliance with State law through the Planning Period.

B.10: Objective Design Standards and Streamlined Ministerial Review – Amend the Site Development Review Permit findings to remove subjective language in Findings 3 and 6 to provide objective standards in accordance with Senate Bill (SB) 35.

B.11: Transitional and Supportive Housing – Amend the Zoning Ordinance to comply with statutory requirements by permitting transitional and supportive housing as a residential use by-right in all zones where housing is permitted and only subject to those restrictions that apply to other residential dwellings of the same types in the same zones.

B.12: Single Room Occupancy Units (SROs) – Review permitting procedures for SROs and amend 390

DMC Section 8.12.050 to remove potential constraints.

B.17: Community Care Facilities – Amend the Zoning Ordinance to allow community care facilities in all zones allowing residential uses. Amend the Zoning Ordinance to revise the definition of "Family" to eliminate constraints to persons with disabilities.

D.3: Emergency Shelters – Review and amend, if necessary, the Emergency Shelters Ordinance for consistency with Government Code Section 65583(a)(4). Amend the Emergency Shelters Ordinance and Zoning Ordinance to comply with Assembly Bill (AB) 139 parking requirements.

D.6: Parking Requirements Near Public Transit – Amend Zoning Ordinance to comply with the requirements established in AB 2097.

Analysis
The following provides an overview of the proposed amendments to the Zoning Ordinance:

Chapter 8.08 (Definitions) – Amendments to Chapter 8.08 are proposed to remove reference to “small” and “large” in the definitions of “Community Care Facility,” “Supportive Housing” and “Transitional Housing” and to ensure that the definitions of each are consistent with applicable Government Code requirements. In addition, the definition of “Family” has been updated to eliminate constraints to disabled persons. Finally, the definition of “Single-Room Occupancy Unit” has been updated to provide a minimum size requirement.

Chapter 8.12 (Zoning Districts and Permitted Uses of Land) – Amendments are proposed to the permitted and conditionally permitted land use matrix to remove reference to “small” and “large” “Community Care Facility,” “Supportive Housing” and “Transitional Housing” and to permit each land use in zoning districts that permit residential uses by-right and require a Conditional Use Permit approved by the Planning Commission for each land use type in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light Industrial) zoning districts. In addition, the matrix would be amended to permit “Single-Room Occupancy Units” in the C-2 zoning district.

Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts) and Chapter 8.24 (Commercial Zoning Districts) – Amendments are proposed to Chapters 8.16, 8.20 and 8.24 to provide consistency with the amendments proposed to the land use matrix in Chapter

8.12 related to community care facilities, supportive housing, transitional housing and singleroom occupancy units.

Chapter 8.45 (Emergency Shelters) – Amendments are proposed to the development standards in Chapter 8.45 to ensure that they are consistent with Government Code Section 65583(a)(4).

Chapter 8.46 (Single Room Occupancy Units) – Amendments are proposed to Chapter 8.46 to remove potential constraints to development of single room occupancy units, including permitting them by-right subject to ministerial approval of a Zoning Clearance.

Chapter 8.47 (Supportive Housing) and Chapter 8.50 (Transitional Housing) – Amendments are 391

proposed to Chapters 8.47 and 8.50 to remove reference to “small” and “large” and update where supportive housing and transitional housing are permitted by-right and where they require approval of a Conditional Use Permit.

Chapter 8.52 (Density Bonus Regulations) – Amendments are proposed to Chapter 8.52 to ensure continued compliance with State law.

Chapter 8.76 (Off-Street Parking and Loading Regulations) – Amendments are proposed to Chapter

8.76 to add an exception to the City’s off-street parking requirements for residential, commercial and other development projects located within one-half mile of public transit as defined by Section 2155 of the Public Resources Code consistent with AB 2097. In addition, proposed offstreet parking requirements for community care facilities, supportive housing and transitional housing would be updated to ensure that they are the same as would be applied to other residential uses in the same zoning districts. Finally, proposed parking requirements for emergency shelters would be amended consistent with AB 139.

Chapter 8.104 (Site Development Review) – Amendments are proposed to two of the findings required to approve a Site Development Review Permit contained in DMC Sections 8.104.090(C) and (F) to clarify that they would not apply to a housing development project subject to ministerial review under SB 35 as defined by Government Code Section 65589.5(h)(2).

Chapter 8.116 (Zoning Clearance) – Amendments to Chapter 8.116 are proposed to add single room occupancy units as a project that requires ministerial approval of a Zoning Clearance.

Attachment 1 is the draft Ordinance approving the proposed Zoning Ordinance Amendments.

A redlined version of the proposed Zoning Ordinance Amendments is included as Attachment 2 where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted.

Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan in that the amendments are necessary to implement programs identified in the Housing Element.

Specifically, the proposed Zoning Ordinance Amendments would implement Programs B3: Density Bonus, B.10 Objective Design Standards and Streamlined Ministerial Review, B.11 Transitional and Supportive Housing, B.12 Single Room Occupancy Units, B.17: Community Care Facilities, D.3:

Emergency Shelters, and D.6: Parking Requirements Near Transit.

ENVIRONMENTAL DETERMINATION:

The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment and are not subject to CEQA review. 392

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing on December 10, 2024, to consider the proposed Zoning Ordinance Amendments and unanimously recommended approval to the City Council.

Planning Commission Resolution No. 24-09 is included as Attachment 3.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Housing Inclusivity and Affordability
Objective A: Implement the goals, policies, and programs in the 2023-2031 Housing Element.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. Additionally, the City Council Agenda was posted.

ATTACHMENTS:
1) Ordinance Approving Amendments to the Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance) 2) Redlined Zoning Ordinance Amendments
3) Planning Commission Resolution No. 24-09 Recommending City Council Approval of Amendments to the Zoning Ordinance
393
Attachment 1
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 10 ORDINANCE NO. XX – 25

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.16 (AGRICULTURAL ZONING DISTRICT), CHAPTER 8.20 (RESIDENTIAL ZONING DISTRICTS), CHAPTER 8.24 (COMMERCIAL ZONING DISTRICTS), CHAPTER 8.45 (EMERGENCY SHELTERS), CHAPTER 8.46 (SINGLE ROOM OCCUPANCY UNITS), CHAPTER 8.47 (SUPPORTIVE HOUSING), CHAPTER 8.50 (TRANSITIONAL HOUSING), CHAPTER 8.52 (DENSITY BONUS REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.104 (SITE DEVELOPMENT REVIEW), AND CHAPTER 8.116 (ZONING CLEARANCE)
(PLPA-004020-2024)
The Dublin City Council does ordain as follows:

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

B. Staff initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter

8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance) (the “Project”) to implement certain programs contained in the General Plan Housing Element.

C. The Project would implement General Plan Housing Element Programs B.3: Density Bonus, B.10: Objective Design Standards and Streamlined Ministerial Review, B.11: Transitional and Supportive Housing, B.12: Single Room Occupancy Units, B.17: Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit.

D. The Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard, and adopted Resolution No. 24-09 recommending that the City Council approve the Project.

E. A Staff Report was submitted to the Dublin City Council recommending approval of the Project.

F. The City Council held a public hearing on the Project on January 14, 2025, at which time all interested persons had an opportunity to be heard.

G. Proper notice of said hearing was given in all respects as required by law. 394
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 10 H. The City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgment to evaluate the project.

SECTION 2. FINDINGS
A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the Project is consistent with the General Plan in that the proposed Dublin Municipal Code Amendments are necessary to implement programs identified in the General Plan Housing Element. Specifically, the proposed Dublin Municipal Code Amendments would implement Programs B3: Density Bonus, B.10: Objective Design Standards and Streamlined Ministerial Review, B.11: Transitional and Supportive Housing, B.12: Single Room Occupancy Units, B.17: Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit.

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

SECTION 3. AMENDMENT TO CHAPTER 8.08
Dublin Municipal Code Section 8.08.020 is amended to remove reference to “small” and “large” Community Care Facility, Supportive Housing and Transitional Housing and amend the following definitions:

8.08.020 Definitions (A-Z).

Community Care Facility (use type). The term Community Care Facility shall mean a 24-hour residential facility licensed or supervised by a federal, state or local health/welfare agency providing non-medical care to unrelated persons who are disabled and in need of personal services, supervision or assistance that is essential for sustaining the activities of daily living or for the protection of the individual. This may include, elderly persons, persons in an alcoholism or drug abuse recovery or treatment program, persons with developmental disabilities, physically disabled persons or dependent and neglected children, persons living in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/ developmentally disablednursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence.

Family. The term Family shall mean one or more persons who live together in a dwelling as a single, non-profit housekeeping unit.

Single Room Occupancy Units (use type). The term Single Room Occupancy Units shall mean a building or buildings constructed or converted for residential living consisting of one-room dwelling units with a minimum size of 150 square feet, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen 395
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 10 except that if a bathroom or kitchen is not provided within the unit, such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site.

Supportive Housing (use type). The term Supportive Housing shall mean housing with no limit on length of stay, that is occupied by a target population, and that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code.

Transitional Housing (use type). The term Transitional Housing shall mean a dwelling unit occupied by homeless persons or families, which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months.

SECTION 4. AMENDMENT TO CHAPTER 8.12
Dublin Municipal Code Section 8.12.050 is amended to remove reference to “small” and “large” Community Care Facility, Supportive Housing and Transitional Housing, remove Community Care Facility/Large as a Commercial Use Type and amend portions of the land use matrix as follows:

8.12.050 Permitted and Conditionally Permitted Land Uses.

RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Community Care Facility P P P P - - C/PC C/PC C/PC C/PC - Single Room Occupancy Units - - - - - - - P - - -
Supportive Housing P P P P - - C/PC C/PC C/PC C/PC -
Transitional Housing P P P P - - C/PC C/PC C/PC C/PC -
SECTION 5. AMENDMENT TO CHAPTER 8.16
Dublin Municipal Code Section 8.16.020.A. is amended to read as follows:

8.16.020 A (Agricultural Zoning District)
A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care Facility, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator.

SECTION 6. AMENDMENT TO CHAPTER 8.20
Dublin Municipal Code Section 8.20.020.A.1., Section 8.20.020.A.2, Section 8.20.020.B.1, Section 8.20.020.B.2 and Section 8.20.020.C.2 are amended to read as follows:
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Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 4 of 10

8.20.020 Residential Zoning Districts
A. R-1 (Single Family Residential Zoning District).

1. Intent. The R-1 zoning district is intended to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types.

2. Use types permitted in R-1 zoning district. Animal Keeping – Residential, Community Care Facility, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses.

B. R-2 (Two Family Residential Zoning District).

1. Intent. The R-2 zoning district is intended to provide for and protect neighborhoods comprised of single family dwellings, two family dwellings at have development characteristics similar to single-family neighborhoods, duplexes, and residential use types.

2. Use types permitted in R-2 zoning district. Animal Keeping – Residential, Community Care Facility, Duplex, Garage/Yard Sale, Mobile Home, MultiFamily Residence, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses.

C. R-M (Multi-Family Residential Zoning District).

2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning district include Animal Keeping – Residential, Community Care Facility, Duplex, Garage/Yard Sale, Multi-Family Residence, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses.

SECTION 7. AMENDMENT TO CHAPTER 8.24
Dublin Municipal Code Section 8.24.020.D.2. is amended to read as follows:

8.24.020 Commercial Zoning Districts
D. C-2 (General Commercial Zoning District).

2. Use types permitted in the C-2 zoning district. Ambulance Service, Automobile/ Vehicle Brokerage, Automobile/Vehicle Rentals, Automobile/Vehicle Repairs and Service, Banks and Financial Services, Building Materials Sales, Copying and Blueprinting, Eating and Drinking Establishment, Health Services/Clinics, Laboratory, Mini-Storage, Office – Contractor’s, Office – Professional/Administrative, Parking Lot/Garage – Commercial, Personal Services, Repair Shop, Retail – General, Retail – Neighborhood, Retail – Service, Single Room Occupancy Units, and School – Commercial; similar and related uses; temporary uses; and conditional uses.
397
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 5 of 10 SECTION 8. AMENDMENT TO CHAPTER 8.45
Dublin Municipal Code Section 8.45.030 is amended to delete subsections F., H., I. and J. and re-letter as follows:

8.45.030 Development Standards and Regulations
A. Permitted in the M-1 (Light Industrial) Zoning District and Certain PD (Planned Development) Zoning Districts. An Emergency Shelter may only be established in the M-1 (Light Industrial) Zoning District and similar PD (Planned Development) Zoning Districts if the project site has an Industrial Park or Business Park/Industrial General Plan land use designation.

B. Compliance with M-1 (Light Industrial) Zoning District Standards. An Emergency Shelter shall comply with all development standards and regulations contained in Chapter 8.28 (Industrial Zoning Districts) and Chapter 8.36 (Development Regulations) for an M-1 (Light Industrial) Zoning District. An Emergency Shelter located within a PD (Planned Development) Zoning District shall comply with all development standards and regulations contained within the approved Development Plan for the PD Zoning District. Where the PD Zoning District does not specify a development standard or regulation, the M-1 (Light Industrial) standards and regulations shall apply.

C. Off-Street Parking. An Emergency Shelter shall comply with all applicable provisions of Chapter 8.76 (Off-Street Parking and Loading Regulations).

D. On-Site Management and Security. On-site management and on-site security shall be provided during the hours when the Emergency Shelter is in operation.

E. External Lighting. The Emergency Shelter shall provide external lighting in accordance with building security requirements contained in Chapter 7.32 to maintain a safe and secure environment.

F. Length of Stay. No individual or family shall reside in an Emergency Shelter for more than 30 consecutive days.

SECTION 9. AMENDMENT TO CHAPTER 8.46
Dublin Municipal Code Section 8.46.020.A. is amended as follows:

8.46.020 Permitting Procedures
A. C-2 (General Commercial) and Comparable PD (Planned Development) Zoning Districts. Single Room Occupancy Units that meet the development standards and regulations below shall be permitted in the C-2 Zoning District, or comparable PD Zoning District, subject to a Zoning Clearance by the Community Development Director, which shall be processed in accordance with Chapter 8.116 (Zoning Clearance).

Dublin Municipal Code Section 8.46.020.A.1. is deleted and re-numbered as follows:

1. Common bathroom facilities are provided on-site if individual units do not contain a bathroom.
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Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 6 of 10

2. Common kitchen facilities are provided on-site if individual units do not contain a kitchen.

3. Individual Single Room Occupancy Units may contain either kitchen or bathroom facilities, but shall not contain both.

4. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

5. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

6. All other applicable provisions of the Zoning Ordinance are met.

SECTION 10. AMENDMENT TO CHAPTER 8.47
Dublin Municipal Code Section 8.47.020.A. is deleted and Section 8.47.020.B. is re-lettered and amended to read as follows:

8.47.020 Permitting Procedures
A. Supportive Housing. Supportive Housing that provides shelter in a dwelling unit, and such persons are identified as a target population, shall be permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family Residential), and R-M (Multi-Family Residential), and conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met:

1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a Conditional Use Permit is applicable.

2. On-site or off-site services are provided to assist Supportive Housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.

3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

5. All other applicable provisions of the Zoning Ordinance are met.

SECTION 11. AMENDMENT TO CHAPTER 8.50
Dublin Municipal Code Section 8.50.010.A. is deleted and Section 8.50.010.B. is re-lettered and amended to read as follows:

8.50.010 Purpose and Intent.

The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Transitional Housing.
399
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 7 of 10 A. Transitional Housing. Transitional Housing that provides shelter for persons in a dwelling unit shall be permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family Residential), and R-M (Multi-Family Residential), and conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met:

1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a Conditional Use Permit is applicable.

2. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than 6 months.

3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

5. All other applicable provisions of the Zoning Ordinance are met.

SECTION 12. AMENDMENT TO CHAPTER 8.52
Dublin Municipal Code Section 8.52.140.E.2. and Section 8.52.140.F.1. are amended to read as follows:

8.52.140 Density Bonus Application Review.

E. If a request for a concession or incentive is otherwise consistent with this Chapter, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one or more of the following:

2. That the concession or incentive would have a specific adverse impact upon public health or safety or on any real property that is listed in the California Register of Historical Resources and/or National Register of Historic Places, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households.

F. If a request for a waiver or modification is otherwise consistent with this Chapter, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of one of the following:

1. That the waiver or modification would have a specific adverse impact upon health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households.

SECTION 13. AMENDMENT TO CHAPTER 8.76
400
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 8 of 10 Dublin Municipal Code Section 8.76.050 is amended to add subsection D.3. to read as follows:

8.76.050 Adjustment to the Number of Parking Spaces
D. Parking Exception.

3. Near Public Transit. No off-street parking spaces shall be required for a residential, commercial, or other development project, if the project is located within one-half mile of public transit as defined in Section 2155 of the Public Resources Code, unless otherwise authorized by Section 65863.2 of the Government Code.

Dublin Municipal Code Section 8.76.080 is amended to read as follows:

8.76.080 Parking Requirements by Use Type.

Except as provided in Section 8.76.050.D., the number of off-street parking spaces required for the Use Types in this Chapter shall be as provided in this Section. Square footage requirements are in terms of Gross Floor Area.

Dublin Municipal Code Section 8.76.080.B and Section 8.76.080.D are amended to revise the parking requirements for the following use types:

B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows:

RESIDENTIAL USE

TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility 2 per dwelling
Emergency Shelter 1 parking space for each employee on the largest shift, not to exceed the parking requirement for residential or commercial uses in the applicable zoning district Supportive Housing 2 per dwelling
Transitional Housing 2 per dwelling
D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows:

COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility 1 per 3 employees on largest shift, plus 1 per 3 beds Supportive Housing 1 per 3 employees on largest shift, plus 1 per 3 beds Transitional Housing 1 per 3 employees on largest shift, plus 1 per 3 beds 401
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 9 of 10 SECTION 14. AMENDMENT TO CHAPTER 8.104
Dublin Municipal Code Section 8.104.090.C. and Section 8.104.090.F. are amended to read as follows:

8.104.090 Required Findings.

C. Except where the project is a “Housing Development Project” as defined in Government Code Section 65589.5(h)(2), the design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed.

F. Except where the project is a “Housing Development Project” as defined in Government Code Section 65589.5(h)(2), architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity.

SECTION 15. AMENDMENT TO CHAPTER 8.116
Dublin Municipal Code Section 8.116.020 is amended to add subsection L. to read as follows:

8.116.020 Applications Requiring a Zoning Clearance.

L. Single Room Occupancy Units. Single Room Occupancy Units that meet the standards specified in Chapter 8.46 (Single Room Occupancy Requirement).

SECTION 16. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

SECTION 17. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption. {Signatures on the following page}
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Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 10 of 10 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
403
Attachment 2
1 Chapter 8.08

DEFINITIONS

8.08.020 Definitions (A-Z).

Community Care Facility/Large (use type). The
term Community Care Facility/Large shall mean a 24-hour residential facility licensed or supervised by a federal, state or local health/welfare agency providing non-medical care to unrelated persons who are disabled and in need of personal services, supervision or assistance that is essential for sustaining the activities of daily living or for the protection of the individual. This may include, for seven or more persons, including the elderly persons, persons in an alcoholism or drug abuse recovery or treatment program facility, persons with developmental disabilities in a facility for mentally disordered, handicapped physically disabled persons or dependent and neglected children, persons living in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/developmentally disabled-nursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence.

Community Care Facility/Small (use type). The
term Community Care Facility/Small shall mean a 24-hour residential facility providing care for six or fewer persons including the elderly, persons in an alcoholism or drug abuse recovery or treatment facility, persons in a facility for mentally disordered, handicapped persons or dependent and neglected children, persons in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/ developmentally disabled-nursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence.

A Community Care Facility for six or fewer persons shall be considered a residential use of property.

Family. The term Family shall mean one or more persons who live together in occupying a dwelling and living as a single, non-profit housekeeping unit., including any servants. This is distinguished from a group occupying a boarding house, community care facility, supportive or transitional housing when configured as group housing, hotel or motel, club, fraternity or sorority house.

Single Room Occupancy Units (use type). The term Single Room Occupancy Units shall mean a building or buildings constructed or converted for residential living consisting of one-room dwelling units with a minimum size of 150 square feet, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit, such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site.

Supportive Housing - Large (use type). The term Supportive Housing - Large shall mean a dwelling unit housing with no limit on length of stay, that is occupied by a 404
Attachment 2
2 target population of 7 or more persons, with no limit on length of stay, and that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons, with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code.

Supportive Housing - Small (use type). The term Supportive Housing - Small shall mean a dwelling unit occupied by a target population of 6 or fewer persons, with no limit on the length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. Ord. 4-11 (April 2011)
Transitional Housing - Large (use type). The term Transitional Housing - Large shall mean a dwelling unit occupied by 7 or more homeless persons or families, which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months.

Transitional Housing - Small (use type). The term Transitional Housing - Small shall mean a dwelling unit occupied by 6 or fewer homeless persons or families, which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months. 405
Attachment 2
3 Chapter 8.12

ZONING DISTRICTS AND PERMITTED USES OF LAND

8.12.050 Permitted and Conditionally Permitted Land Uses.

RESIDENTIAL USE TYPE A R-1 R-2 R-M CO
CN C-1 C-2 M-P M-1 M2
Community Care Facility/Small P P P P - - C/PC C/PC C/PC C/PC - Single Room Occupancy Units - - - - - - - C/PC
P
- - -
Supportive Housing (Small) P P P P - - -
C/PC
-
C/PC
-
C/PC
-
C/PC
-
Supportive Housing (Large) - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC - Transitional Housing (Small) P P P P - - -
C/PC
-
C/PC
-
C/PC
-
C/PC
-
Transitional Housing (Large) - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC - COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Community Care Facility/Large - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC - Chapter 8.16

AGRICULTURAL ZONING DISTRICT

8.16.020 A (Agricultural Zoning District).

A. Use types permitted in A zoning district. Animal Keeping – Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator.

Chapter 8.20

RESIDENTIAL ZONING DISTRICTS

8.20.020 Residential Zoning Districts.

A. R-1 (Single Family Residential Zoning District).

1. Intent. The R-1 zoning district is intended to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types. compatible with a quiet, family-living environment.

2. Use types permitted in R-1 zoning district. Animal Keeping – Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home, Large Family 406
Attachment 2
4 Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses.

B. R-2 (Two Family Residential Zoning District).

1. Intent. The R-2 zoning district is intended to provide for and protect neighborhoods comprised of single family dwellings, two family dwellings at have development characteristics similar to single-family neighborhoods, duplexes, and residential use types. compatible with a quiet, family-living environment.

2. Use types permitted in R-2 zoning district. Animal Keeping – Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi-Family Residence, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses.

C. R-M (Multi-Family Residential Zoning District).

2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning district include Animal Keeping –
Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, MultiFamily Residence, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses.

Chapter 8.24

COMMERCIAL ZONING DISTRICTS

8.24.020 Commercial Zoning Districts.

D. C-2 (General Commercial Zoning District).

2. Use types permitted in the C-2 zoning district. Ambulance Service, Automobile/ Vehicle Brokerage, Automobile/Vehicle Rentals, Automobile/Vehicle Repairs and Service, Banks and Financial Services, Building Materials Sales, Copying and Blueprinting, Eating and Drinking Establishment, Health Services/Clinics, Laboratory, Mini-Storage, Office – Contractor’s, Office – Professional/Administrative, Parking Lot/Garage – Commercial, Personal Services, Repair Shop, Retail – General, Retail – Neighborhood, Retail – Service, Single Room Occupancy Units, and School – Commercial; similar and related uses; temporary uses; and conditional uses.

Chapter 8.45

EMERGENCY SHELTERS

8.45.030 Development Standards and Regulations.
407
Attachment 2
5 A. Permitted in the M-1 (Light Industrial) Zoning District and Certain PD (Planned Development) Zoning Districts. An Emergency Shelter may only be established in the M-1 (Light Industrial) Zoning District and similar PD (Planned Development) Zoning Districts if the project site has an Industrial Park or Business Park/Industrial General Plan land use designation.

B. Compliance with M-1 (Light Industrial) Zoning District Standards. An Emergency Shelter shall comply with all development standards and regulations contained in Chapter 8.28 (Industrial Zoning Districts) and Chapter 8.36 (Development Regulations) for an M-1 (Light Industrial) Zoning District.

An Emergency Shelter located within a PD (Planned Development) Zoning District shall comply with all development standards and regulations contained within the approved Development Plan for the PD Zoning District. Where the PD Zoning District does not specify a development standard or regulation, the M-1 (Light Industrial) standards and regulations shall apply.

C. Off-Street Parking. An Emergency Shelter shall comply with all applicable provisions of Chapter 8.76 (Off-Street Parking and Loading Regulations).

D. On-Site Management and Security. On-site management and on-site security shall be provided during the hours when the Emergency Shelter is in operation.

E. External Lighting. The Emergency Shelter shall provide external lighting in accordance with building security requirements contained in Chapter 7.32 to maintain a safe and secure environment.

F. Emergency Shelter Management Plan. The operator of
an Emergency Shelter shall prepare and submit a management plan to the Community Development Director that includes, as applicable, the following: staff training to meet the needs of shelter residents; community outreach; adequate security measures to protect shelter residents and surrounding uses; services provided to assist residents with obtaining permanent shelter and income; and screening of residents to ensure compatibility with services provided at or through the shelter.

GF. Length of Stay. No individual or family shall reside in an Emergency Shelter for more than 30 consecutive days.

H. Proximity to Public Transit and Services. An Emergency Shelter shall be located near public transportation, supportive services and/or commercial services to meet the daily needs of shelter residents. If necessary, an Emergency Shelter shall ensure a means of transportation for shelter residents to travel to and from related supportive services provided off-site.

I. Noise/Nuisances. All activities associated with an Emergency Shelter shall be conducted entirely within the building. Noise shall be limited so as not to create an adverse impact on surrounding uses. No loudspeakers or amplified sound shall be placed or project outside of the shelter.
408
Attachment 2
6 J. City, County and State Requirements. An Emergency Shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from City, County and State agencies or departments. An Emergency Shelter shall comply with all County and State health and safety requirements for food, medical and other supportive services provided on-site.

Chapter 8.46

SINGLE ROOM OCCUPANCY UNITS

8.46.020 Permitting Procedures.

A. C-2 (General Commercial) and Comparable PD (Planned Development) Zoning Districts. Single Room Occupancy Units that meet the development standards and regulations below shall be conditionally permitted in the C-2 Zoning District, or comparable PD Zoning District, if the following development standards and regulations are met: subject to a Zoning Clearance by the Community Development Director, which shall be processed in accordance with Chapter 8.116 (Zoning Clearance).

1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made.

21. Common bathroom facilities are provided on-site if individual units do not contain a bathroom.

32. Common kitchen facilities are provided on-site if individual units do not contain a kitchen.

43. Individual Single Room Occupancy Units may contain either kitchen or bathroom facilities, but shall not contain both.

54. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

65. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

76. All other applicable provisions of the Zoning Ordinance are met.

Chapter 8.47

SUPPORTIVE HOUSING

8.47.020 Permitting Procedures.

A. Supportive Housing – Small (6 or Fewer Persons in a Dwelling Unit). Supportive Housing that provides shelter for 6 or fewer persons in a dwelling unit, and such persons are identified as a target population, shall be a permitted use in the A (Agricultural), R-1 (Single Family Residential), R-2 (Two Family Residential), R-M 409
Attachment 2
7 (Multi-Family Residential) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met:

1. On-site or off-site services are provided to
assist Supportive Housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.

2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

3. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

4. All other applicable provisions of the Zoning Ordinance are met.

B A. Supportive Housing – Large (7 or More Persons in a Dwelling Unit). Supportive Housing that provides shelter for 7 or more persons in a dwelling unit, and such persons are identified as a target population, shall be conditionally permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family Residential), and R-M (Multi-Family Residential), and conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met:

1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a Conditional Use Permit is applicable.

2. On-site or off-site services are provided to
assist Supportive Housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.

3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

5. All other applicable provisions of the Zoning Ordinance are met.

Chapter 8.50

TRANSITIONAL HOUSING

8.50.010 Purpose and Intent.

The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Transitional Housing.
410
Attachment 2
8 A. Transitional Housing – Small (6 or Fewer Persons in a Dwelling) Unit). Transitional Housing that provides shelter for 6 or fewer persons in a dwelling unit shall be a permitted use in the A (Agricultural), R-1 (Single Family Residential), R2 (Two Family Residential), R-M (Multi-Family Residential) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met:

1. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than 6 months.

2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

3. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

4. All other applicable provisions of the Zoning Ordinance are met.

B A. Transitional Housing – Large (7 or More Persons in a Dwelling) Unit). Transitional Housing that provides shelter for 7 or more persons in a dwelling unit shall be conditionally permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family Residential), and R-M (Multi-Family Residential), and conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met:

1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a Conditional Use Permit is applicable.

2. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than 6 months.

3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).

4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review).

5. All other applicable provisions of the Zoning Ordinance are met.

Chapter 8.52

DENSITY BONUS REGULATIONS

8.52.140 Density Bonus Application Review.
411
Attachment 2
9 E. If a request for a concession or incentive is otherwise consistent with this Chapter, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one or more of the following:

2. That the concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and/or National Register of Historic Places, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households.

F. If a request for a waiver or modification is otherwise consistent with this Chapter, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of one of the following:

1. That the waiver or modification would have a specific adverse impact upon health, or safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. 412
Attachment 2
10 Chapter 8.76

OFF-STREET PARKING AND LOADING REGULATIONS

8.76.050 Adjustment to the Number of Parking Spaces
D. Parking Exception.

3. Near Public Transit. No off-street parking spaces shall be required for a residential, commercial, or other development project, if the project is located within one-half mile of public transit as defined in Section 2155 of the Public Resources Code, unless otherwise authorized by Section 65863.2 of the Government Code.

8.76.080 Parking Requirements by Use Type.

Except as provided in Section 8.76.050.D., the number of off-street parking spaces required for the Use Types in this Chapter shall be as provided in this Section. Square footage requirements are in terms of Gross Floor Area.

B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows:

RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Community Care Facility/Small 2 per dwelling
Emergency Shelter 1 parking space for every 20 beds plus 1 parking space for each employee on the largest shift, plus 1 parking space for each company vehicle not to exceed the parking requirement for residential or commercial uses in the applicable zoning district
Supportive Housing – Small 2 per dwelling
Supportive Housing – Large 1 per 3 employees on largest shift, plus 1 per 3 beds Transitional Housing – Small 2 per dwelling
Transitional Housing – Large 1 per 3 employees on largest shift, plus 1 per 3 beds D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows:

COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility/Large 1 per 3 employees on largest shift, plus 1 per 3 beds Supportive Housing 1 per 3 employees on largest shift, plus 1 per 3 beds Transitional Housing 1 per 3 employees on largest shift, plus 1 per 3 beds Chapter 8.104

SITE DEVELOPMENT REVIEW
413
Attachment 2
11 8.104.090 Required Findings.

C. Except where the project is a “Housing Development Project” as defined in Government Code Section 65589.5(h)(2), the design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed.

F. Except where the project is a “Housing Development Project” as defined in Government Code Section 65589.5(h)(2), architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity.

Chapter 8.116

ZONING CLEARANCE

8.116.020 Applications Requiring a Zoning Clearance.

L. Single Room Occupancy Units. Single Room Occupancy Units that meet the standards specified in Chapter 8.46 (Single Room Occupancy Requirement). 414
Reso. No. 24-09, Item 6.2, Adopted 12/10/2024 Page 1 of 2 RESOLUTION NO. 24-09

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF DUBLIN

RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.16 (AGRICULTURAL ZONING DISTRICT), CHAPTER 8.20 (RESIDENTIAL ZONING DISTRICTS), CHAPTER 8.24 (COMMERCIAL ZONING DISTRICTS), CHAPTER 8.45 (EMERGENCY SHELTERS), CHAPTER 8.46 (SINGLE ROOM OCCUPANCY UNITS), CHAPTER 8.47 (SUPPORTIVE HOUSING), CHAPTER 8.50 (TRANSITIONAL HOUSING), CHAPTER 8.52 (DENSITY BONUS REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.104 (SITE DEVELOPMENT REVIEW), AND CHAPTER 8.116 (ZONING CLEARANCE) (PLPA-004020-2024)
WHEREAS, the City occasionally initiates amendments to the Dublin Municipal Code to clarify, add, or amend certain provisions to ensure that it remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and
WHEREAS, Staff initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance) ;
and
WHEREAS, the Project would implement General Plan Housing Element Programs B.3:

Density Bonus B.10 Objective Design Standards and Streamlined Ministerial Review, B.11 Transitional and Supportive Housing, B.12 Single Room Occupancy Units, B.17: Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit; and WHEREAS, the California Environmental Quality Act ( CEQA ), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find the Project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Project would not result in any physical changes and it can be seen with certainty that there is no possibility that the Project would have a significant effect on the environment and are not subject to CEQA review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and Attachment 3
415
Reso. No. 24-09, Item 6.2, Adopted 12/10/2024 Page 2 of 2 WHEREAS, a Staff Report dated December 10, 2024, was submitted to the Dublin Planning Commission recommending approval of the proposed amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter

8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance); and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the recommendations.

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

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

PASSED, APPROVED AND ADOPTED this 10th day of December 2024, by the following vote:

AYES: Aini, Grier, Rashid, and Tyler
NOES:

ABSENT: Wright and Ochoa
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST: ______________________________________ Assistant Community Development Director 416

HOUSING ELEMENT
IMPLEMENTATION – ZONING

ORDINANCE AMENDMENTS
City Council Meeting
January 14, 2025
417
Background
• Housing Element one of seven mandatory
elements of General Plan
• Updated every eight years to demonstrate how
existing and projected housing need would be met
• November 15, 2022 - City Council approved draft
Housing Element
• January 19, 2024 - HCD certified Housing Element
418
Proposed Project
• City-initiated
amendments to Zoning
Ordinance
• Implement the following
Housing Element
Programs:
– B.3: Density Bonus
– B.10: Objective Design
Standards and Streamlined
Ministerial Review
– B.11: Transitional and
Supportive Housing
– B.12: Single Room
Occupancy Units
– B.17: Community Care
Facilities
– D.3: Emergency Shelters
– D.6: Parking Requirements
Near Transit
419
Proposed Amendments
• DMC Chapter 8.08 (Definitions)
– Remove reference to small and large in definition of
community care facility, supportive housing and
transitional housing and ensure definitions are
consistent with Government Code
– Update definition of family
– Update definition of single room occupancy (SRO) unit 420
Proposed Amendments
• DMC Chapter 8.12 (Zoning Districts and
Permitted Uses of Land)
– Remove reference to small and large community care
facility, supportive housing and transitional housing
– Allow by-right in residential districts
– Allow in commercial zoning districts with a CUP
– Allow SROs in C-2 district
421
Proposed Amendments
• DMC Chapters 8.16 (Agricultural Zoning
District), 8.20 (Residential Zoning Districts)
and 8.24 (Commercial Zoning Districts
– Amendments proposed to provide consistency
with amendments to land use matrix
422
Proposed Amendments
• DMC Chapter 8.45 (Emergency Shelters)
– Remove four development standards that are
inconsistent with state law
• DMC Chapter 8.46 (Single Room Occupancy
Units)
– Allow SROs in by-right in C-2 district subject to
ministerial review of Zoning Clearance
423
Proposed Amendments
• DMC Chapters 8.47 (Supportive Housing) and

8.50 (Transitional Housing)
– Remove reference to small and large
– Update where supportive and transition housing
are permitted by-right and where they require
approval of CUP
424
Proposed Amendments
• DMC Chapter 8.52 (Density Bonus
Regulations)
– Remove adverse impact to the physical
environment as reason to deny a request for:
• Concession or incentive
• Waiver or modification
425
Proposed Amendments
• DMC Chapter 8.76 (Off-Street Parking and
Loading Regulations)
– Add exception to off-street parking requirements for projects located within one-half mile of public transit
– Update off-street parking requirements for community care facilities, supportive housing and transitional housing to ensure they are the same as would be applied to other residential uses – Update off-street parking requirements for emergency shelters 426
Proposed Amendments
• DMC Chapter 8.104 (Site Development
Review)
– Add exception to two Site Development Review
findings to clarify that they would not apply to
housing projects subject to ministerial review
under SB 35 (Affordable Housing: Streamlined
Review)
427
Proposed Amendments
• DMC Chapter 8.116 (Zoning Clearance)
– Add SRO units as a project that requires
ministerial approval of Zoning Clearance
428
Planning Commission
• On December 10, 2024, Planning Commission
held a public hearing, considered the proposed
Zoning Ordinance Amendments and unanimously
recommended approval to City Council
429
Recommendation
• Waive the reading and INTRODUCE the
Ordinance approving the proposed Zoning
Ordinance Amendments
430

STAFF REPORT

CITY COUNCIL

Agenda Item 6.2
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Planned Development Rezoning (PLPA-4094-2024)
Prepared by: Kristie Wheeler, Interim Assistant Community Development Director
EXECUTIVE SUMMARY:

The City Council will consider a City-initiated rezoning of four residential properties located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi-Family Residential) in response to the recently certified General Plan Housing Element.

Pursuant to Housing Element Program B.18: Planned Development (PD) Zoning, City staff has reviewed vacant and underutilized residential properties with existing PD zoning and proposes to rezone these properties to a residential zoning district with established development standards.

No development is proposed at this time. The City Council will also consider an exemption from the requirements of the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, waive the reading, and INTRODUCE the Ordinance Amending the Zoning Map and Rezoning Property Located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) to R-M (Multi-Family Residential).

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of 431

the community.

On November 15, 2022, the City Council adopted Resolution No. 133-22, which approved the draft Housing Element and associated General Plan and Specific Plan amendments and rezonings. The Resolution also directed Staff to submit the draft Housing Element to the State Department of Housing and Community Development (HCD) for review and certification. On November 18, 2022, Staff submitted the draft 2023-2031 Housing Element for review and certification. The Housing Element was certified by HCD on January 19, 2024, and includes a number of programs that are required to be implemented by the City, including the subject of this Staff Report.

Proposed Project
The City initiated a rezoning of four residential properties located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi-Family Residential) in response to the recently certified Housing Element. Table 1 provides a summary of the proposed rezoning. Figure 1 shows the existing General Plan land use designations for the four properties and Figure 2 shows the existing zoning.

Table 1: Summary of Proposed Rezoning
Property Address Property
Size
Existing Use Existing General
Plan Land Use
Existing Zoning Proposed
Zoning
5378 Tassajara Road 9.43 acres Equestrian center,
single-family home
and associated
structures
Medium Density
Residential
PD (Ordinance
No. 07-00)
R-M
5868 Tassajara Road 1 acre Single-family home
and associated
structures
Medium Density
Residential and
Stream Corridor
PD (Resolution
No. 104-94)
R-M*
6060 Tassajara Road 3.12 acres Single-family home
and associated
structures
Medium Density
Residential and
Open Space
PD (Ordinance
No. 10-05)
R-M*
7440 Tassajara Road 12.5 acres Single-family home
and associated
structures
Medium Density
Residential and
Open Space
PD (Ordinance
No. 09-07)
R-M*
* Rezoning from PD to R-M would only apply to the portion of the property with a Medium Density Residential land use designation
432

Figure 1: Existing General Plan Land Use Designations
433

Figure 2: Existing Zoning
434

Analysis
To eliminate potential constraints to housing development, Housing Element Program B.18:

Planned Development (PD) Zoning specifies that the City will review vacant and underutilized residential properties with existing PD zoning for residential uses and rezone those properties to a residential zoning district with established development standards. Development of property with PD zoning requires legislative action by the City Council, which HCD views as a constraint to residential development. The purpose of the proposed rezoning is to ensure that PD zoning is not mandated on residential properties. The four subject properties would be rezoned R-M but the property owners would still have the option to pursue PD zoning in the future if they desire greater flexibility regarding development standards. The rezoning would benefit property owners by providing zoning certainty without requiring further legislative action by the City while also maintaining the flexibility of PD zoning as an option.

The proposed project would rezone four residential properties with existing PD zoning to R-M. As shown in Table 1 and Figure 1, above, three of the four properties include General Plan land use designations of Open Space or Stream Corridor. Therefore, only those portions of the three properties with a Medium Density Residential land use designation would be rezoned R-M. The remaining portions with Open Space or Stream Corridor land use designations would maintain their existing PD zoning. Refer to Figure 3 for the proposed rezoning. 435

Figure 3: Proposed Rezoning
436

Attachment 1 is the draft Ordinance amending the Zoning Map and approving the proposed rezoning.

Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed rezoning of the four subject properties from PD to R-M is consistent with the Dublin General Plan in that the rezoning would continue to allow residential uses and the rezoning is necessary to implement Housing Element Program B.18.

ENVIRONMENTAL DETERMINATION:

The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed rezoning is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the General Plan land use designations for the subject properties, which establish maximum density and intensity of development, would not change and, thus, the potential development permitted under the current and proposed zoning would not change. Furthermore, no development is proposed at this time. Therefore, it can be seen with certainty that there is no possibility that the rezoning would have a significant effect on the environment and is not subject to CEQA review.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing on December 10, 2024, to consider the proposed rezoning and unanimously recommended approval to the City Council. Planning Commission Resolution No. 24-10 is included as Attachment 2.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Housing Inclusivity and Affordability
Objective A: Implement the goals, policies, and programs in the 2023-2031 Housing Element.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

Planning staff mailed letters to each of the four property owners notifying them of the City-initiated rezoning of their properties and offering to meet with them if they had any questions. To date, Staff has spoken with the property owner at 5378 Tassajara Road and they did not express opposition to the rezoning.

In accordance with State law, a public notice was mailed to the subject property owners and all property owners and occupants within 300 feet of the subject properties. A public notice was also published in the East Bay Times and posted at several locations throughout the City. Additionally, the City Council Agenda was posted.
437

ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Rezoning Property Located at 5378, 5868, 6060, and 7440 Tassajara Road from Planned Development (PD) to R-M (Multi-Family Residential) 2) Planning Commission Resolution No. 24-10 Recommending City Council Approval of the Ordinance Amending the Zoning Map and Approving the Rezoning 438
Attachment 1
Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 1 of 4 ORDINANCE NO. xx-25

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP AND REZONING PROPERTY LOCATED AT 5378, 5868, 6060, AND 7440 TASSAJARA ROAD FROM PLANNED DEVELOPMENT (PD) TO R-M (MULTI-FAMILY RESIDENTIAL)
(APNS 986-0003-001-02, 986-0028-002-00, 986-0027-001-00 AND 986-0004-001-00)
(PLPA-004094-2024)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
A. The City initiated a Rezoning of four residential properties located at 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi-Family Residential).

B. The proposed Rezoning would implement Housing Element Program B.18: Planned Development (PD) Zoning.

C. The Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard, and adopted Resolution No. 24-10 recommending that the City Council approve the Rezoning.

D. A Staff Report was submitted to the Dublin City Council recommending approval of the Rezoning.

E. The City Council held a public hearing on the Rezoning on January 14, 2025, at which time all interested persons had an opportunity to be heard.

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

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

SECTION 2. FINDINGS
A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the Rezoning is consistent with the General Plan in that the Rezoning would continue to allow residential uses and the Rezoning is necessary to implement Housing Element Program B.18.

B. The California Environmental Quality Act (“CEQA”), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Rezoning is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the General Plan land use designations for the subject properties, which 439
Attachment 1
Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 2 of 4 establish maximum density and intensity of development, would not change and, thus, the potential development permitted under the current and proposed zoning would not change.

Furthermore, no development is proposed at this time. Therefore, it can be seen with certainty that there is no possibility that the Rezoning would have a significant effect on the environment and is not subject to CEQA.

SECTION 3. ZONING MAP AMENDMENT
Pursuant to Dublin Municipal Code Chapter 8.120, the Dublin Zoning Map is hereby amended to to Rezone 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi-Family Residential).
440
Attachment 1
Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 3 of 4 A map of the Rezoning is shown below:

SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption. 441
Attachment 1
Ordinance. No. XX-25, Item X.X, Adopted XX/XX/25 Page 4 of 4 SECTION 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
442
Reso. No. 24-10, Item 6.3, Adopted 12/10/2024 Page 1 of 2 RESOLUTION NO. 24 10

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF DUBLIN

RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING THE ZONING MAP AND REZONING PROPERTY LOCATED AT 5378, 5868, 6060 AND 7440

TASSAJARA ROAD FROM PLANNED DEVELOPMENT ZONING DISTRICT TO R-M

ZONING DISTRICT
(APNS 986-0003-001-02, 986-0028-002-00, 986-0027-001-00 AND 986-0004-001-00)
(PLPA-004094-2024)
WHEREAS, the City initiated a Rezoning of four residential properties located at 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi-Family Residential); and
WHEREAS, the proposed Rezoning would implement Housing Element Program B.18:

Planned Development (PD) Zoning; and
WHEREAS, the California Environmental Quality Act ( CEQA ), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find the proposed Rezoning exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the General Plan land use designations for the subject properties, which establish maximum density and intensity of development, would not change and, thus, the potential development permitted under the current and proposed zoning would be the same.

Furthermore, no development is proposed at this time. Therefore, it can be seen with certainty that there is no possibility that the Rezoning would have a significant effect on the environment and is not subject to CEQA review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated December 10, 2024, was submitted to the Dublin Planning Commission recommending approval of the proposed Rezoning of four residential properties located at 5378, 5868, 6060 and 7440 Tassajara Road from Planned Development (PD) Residential to R-M (Multi-Family Residential); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the recommendations.

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

Attachment 2
443
Reso. No. 24-10, Item 6.3, Adopted 12/10/2024 Page 2 of 2 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A, and incorporated herein by reference.

PASSED, APPROVED AND ADOPTED this 10th day of December 2024, by the following vote:

AYES: Aini, Grier, Rashid, and Tyler
NOES:

ABSENT: Wright and Ochoa
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST: ______________________________________ Assistant Community Development Director 444

PLANNED DEVELOPMENT

REZONING
City Council Meeting
January 14, 2025
445
Background
• Housing Element one of seven mandatory
elements of General Plan
• Updated every eight years to demonstrate how
existing and projected housing need would be met
• November 15, 2022 - City Council approved draft
Housing Element
• January 19, 2024 - HCD certified Housing Element
446
Proposed Project
• City-initiated rezoning of four residential
properties from Planned Development to R-M
(Multi-family Residential)
• Implement Housing Element Program B.18:

Planned Development (PD) Zoning
447
Summary of Proposed Rezoning
Property Address Property Size Existing Use Existing General Plan Land Use
Existing Zoning Proposed Zoning
5378 Tassajara Road 9.43 acres Equestrian center,
single-family home
and associated
structures
Medium Density
Residential
PD (Ordinance No.
07-00)
R-M
5868 Tassajara Road 1 acre Single-family home
and associated
structures
Medium Density
Residential and
Stream Corridor
PD (Resolution No.
104-94)
R-M*
6060 Tassajara Road 3.12 acres Single-family home
and associated
structures
Medium Density
Residential and
Open Space
PD (Ordinance No.
10-05)
R-M*
7440 Tassajara Road 12.5 acres Single-family home
and associated
structures
Medium Density
Residential and
Open Space
PD (Ordinance No.
09-07)
R-M*
448
Existing General Plan and Zoning
449
Housing Element Program B.18: Planned
Development (PD) Zoning
• Development of property with PD zoning requires
legislative action by City Council and is viewed by
HCD as constraint to residential development
• Review vacant and underutilized residential properties with existing PD zoning and rezone to residential
district with established development standards
450
Proposed Rezoning
• Proposed rezoning would ensure that PD zoning is not
mandated on residential properties
• Property owners would still have option to pursue PD zoning if they desire greater flexibility regarding development standards
• Rezoning would benefit property owners by providing zoning certainty without requiring further legislative action
• PD zoning would remain an option
• Proposed PD rezoning would not result in additional housing that would not already be allowed under the General Plan 451
Proposed Rezoning
452
Planning Commission
• On December 10, 2024, Planning Commission
held a public hearing, considered the proposed
PD Rezoning and unanimously recommended
approval to City Council
453
Recommendation
• Waive the reading and INTRODUCE the Ordinance
Amending the Zoning Map and Rezoning 5378, 5868,
6060 and 7440 Tassajara Road from Planned
Development (PD) Residential to R-M (Multi-Family
Residential)
454

STAFF REPORT

CITY COUNCIL

Agenda Item 6.3
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Amendment to the General Plan to Update the Economic Development Element (PLPA-004094-2024)
Prepared by: Rhonda Franklin, Management Analyst II and Kristie Wheeler, Interim Assistant Community Development Director
EXECUTIVE SUMMARY:

The City Council will consider an amendment to the General Plan to update the Economic Development Element based on the recently updated Economic Development Strategy. The City Council will also consider an exemption from the requirements of the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the Resolution Approving a General Plan Amendment to Update the Economic Development Element.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The Economic Development Strategy (“Strategy”) and General Plan Economic Development Element (“Element”) were originally adopted by the City Council in 2012 and 2013, respectively.

The overarching objective of the Element is to enhance the competitiveness of the City of Dublin and maintain a strong and diverse economic base. The Element outlines strategies and policies aimed at promoting economic vibrancy and growth, improving conditions for small businesses, encouraging development of strategic employment-supporting sites, and improving overall economic well-being within the community.

Since the original Strategy and Element were approved, there have been significant growth and 455

changes in Dublin, not only in population and residential developments, but also in the economic and business climate, emerging and fast-growing industries, and business operations. These changes warranted a review and update to the Strategy and the Element, as the Element is both guided by and reflective of the Strategy.

On September 5, 2023, the City Council approved an agreement with Strategic Economics, Inc. to assist Staff with updating the Strategy and Element. Efforts toward this goal included:
 Organizing and holding focus group meetings with members of the City Council, Staff, property owners/managers and brokers, regional agencies, business owners/managers, developers, and other stakeholders.
 Developing and conducting online surveys with the business community and the community at large.
 Gathering data relative to the project.
 Analyzing information from the focus group meetings, surveys and data collection to determine the City’s strengths, weaknesses, opportunities, and threats.

On October 1, 2024, the City Council adopted Resolution No. 111-24 approving the updated Strategy with the following seven goals:
 Goal 1 – Innovation Growth
Grow businesses and employment in innovation-oriented and professional services industries matching Dublin’s strengths and opportunities—especially computer technology, professional services, biomedical devices, and other R&D/advanced manufacturing—through business attraction and marketing programs.  Goal 2 – Promote Infill Investment
Promote infill development and reinvestment in older retail, office, and industrial areas— including establishing Downtown Dublin as a vibrant community gathering space with a mix of modern employment, housing, retail, dining, and entertainment uses serving residents and workers.
 Goal 3 – Greenfield Development
Ensure development of major greenfield opportunity sites with modern commercial and light industrial employment uses by supporting infrastructure needs and reducing cost barriers.
 Goal 4 – Retail Vitality
Sustain and strengthen the health of Dublin’s shopping, dining, and entertainment businesses through strategic planning and promotional efforts.  Goal 5 – Hospitality Expansion
Work with regional agencies to expand and highlight Dublin’s potential as a regional hotel and hospitality destination through hotel attraction efforts and advocacy for attracting a multiuse venue to Dublin.
456

 Goal 6 – Small Business Support
Strengthen startup and growth opportunities for small businesses by pursuing improvements to City processes and maintaining and marketing supportive services and programs.
 Goal 7 – Workforce Opportunities
Enhance Dublin’s workforce support and development systems to create opportunities for all members of the workforce through collaboration with regional organizations.

The Element has been updated to ensure consistency and alignment with the content of the updated Strategy. Specifically, the goals outlined in the Element have been updated to align with those in the Strategy, with minor revisions to refine the language and ensure it supports and complements the updates.

A Resolution approving a General Plan Amendment to update the Economic Development Element is provided as Attachment 1 with the draft Element included as Attachment 2. A redlined version of the draft Economic Development Element is provided as Attachment 3.

ENVIRONMENTAL DETERMINATION:

The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. Staff recommends that the Planning Commission find the project is exempt from CEQA requirements in accordance with CEQA Guidelines Section 15061(b)(3), as the proposed update to the Element would not result in any physical changes and it can be seen with certainty that there is no possibility that the update would have a significant effect on the environment and is not subject to CEQA review.

PLANNING COMMISSION REVIEW:

On December 10, 2024, the Planning Commission considered the proposed update to the Economic Development Element and unanimously recommended City Council approval with the following feedback:
 Modify Section 11.3.A to remove environmental justice as it is not a required section for the City of Dublin General Plan.
o Staff has modified the Element to incorporate this change.  Consider modifying Section 11.6.1 to include the exploration of City permit fee reductions. o Staff recommends leaving this section unchanged as the section references evaluating improvements to City processes affecting Dublin’s businesses and Staff can include the exploration of permit fee reduction in the evaluation process.  Consider modifying Section 11.9.1 to include the exploration of tools such as Property and Business Improvement District (PBID) and Tax Increment Financing (TIF) to support retail 457

vitality.
o Staff recommends leaving this section unchanged and incorporating the exploration of this consideration into the Strategy Implementation Workplan.  Consider modifying Section 11.11.1 to include collaboration with research institutions and higher education institutions.
o Staff recommends leaving the section unchanged as the section references regional partnerships and Staff can incorporate the collaboration with research institutions and higher education institutions in the Strategy Implementation Workplan. In addition, the Strategy includes collaboration and partnership with both research and higher education institutions.

Planning Commission Resolution No. 24-08 recommending City Council approval of the proposed amendment to the General Plan to update the Economic Development Element is included as Attachment 4.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

In accordance with State law, a public hearing notice was published in the East Bay Times and posted at several locations throughout the City. Additionally, the City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving a General Plan Amendment to Update the Economic Development Element
2) Exhibit A to the Resolution – Draft Economic Development Element 3) Redlined Draft Economic Development Element
4) Planning Commission Resolution No. 24-08 Recommending City Council Approval of a General Plan Amendment to Update the Economic Development Element 458
Attachment 1
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A GENERAL PLAN AMENDMENT TO UPDATE THE ECONOMIC DEVELOPMENT ELEMENT (PLPA-004079-2024)
WHEREAS, the City Council adopted Resolution No. 54-13 approving a General Plan Amendment for the Revised General Plan and New Economic Development Element (PLPA2011-00050) on April 16, 2013; and WHEREAS, the Economic Development Element is informed and guided by the Economic Development Strategy; and
WHEREAS, the Economic Development Strategy, originally adopted in 2012, underwent an update and the City Council adopted Resolution No. 111-24 approving the Economic Development Strategy on October 1, 2024; and
WHEREAS, the update of the Economic Development Strategy warrants an update to the Economic Development Element (the “Project”); and
WHEREAS, the California Environmental Quality Act (“CEQA”), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City Council finds that the Project is exempt from the requirements for CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Project would have a significant effect on the environment and is not subject to CEQA review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard, and adopted Resolution No. 24-08 recommending City Council approval of a General Plan Amendment to Update the Economic Development Element; and
WHEREAS, a Staff Report dated January 14, 2025, was submitted to the City Council recommending approval of the Project; and
WHEREAS, the City Council held a properly noticed public hearing on the Project on January 14, 2025, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council did review and consider the Staff Report, recommendations, and testimony for this item and used its independent judgment prior to making a recommendation.

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

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve a General Plan Amendment to Update the Economic Development Element attached hereto as Exhibit A and incorporated herein by reference. 459
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
460
Chapter 11

ECONOMIC DEVELOPMENT

ELEMENT
General Plan
Attachment 2
Exhibit A to the Resolution
461
City of Dublin General Plan | Economic Development 11–1

11.1 INTRODUCTION
The Economic Development Element guides the City of Dublin’s efforts to foster business expansion and job growth, providing a framework for economic development programs and acƟviƟes. While the Economic Development Element does not explicitly seek to generate fiscal benefits accruing to the City of Dublin, increased net tax revenue is a likely byproduct of the policies. The overarching objecƟve of the Economic Development Element is to enhance the compeƟƟveness of the City of Dublin and to promote a strong, diverse, and evolving economic base that creates broadly shared economic and employment opportuniƟes for Dublin residents and workers.

11.2 ECONOMIC DEVELOPMENT PRINCIPLES
The City of Dublin desires to undertake economic development acƟviƟes to improve its compeƟƟve posiƟon relaƟve to other California ciƟes. CompeƟƟveness spans a mulƟtude of subjecƟve measures, including (1) aƩracƟveness to companies, (2) aƩracƟveness to individuals, (3) reputaƟon/brand, and (4) innovaƟon environment (i.e., potenƟal for home-grown economic development). Maintaining a compeƟƟve posiƟon is criƟcal to retaining local businesses and aƩracƟng new businesses, thereby sustaining and growing the local job base with high-value employment opportuniƟes for current and future residents.

In addiƟon to tradiƟonal economic development tools that focus primarily on cost-based incenƟves for business, the City of Dublin desires to take a more holisƟc view of economic compeƟƟveness that emphasizes the importance of “quality of place” and “quality of life” factors in aƩracƟng companies and individuals. PotenƟally through physical improvements and other enhancements to community character, the City seeks to promote and foster a built environment that inspires and supports new economic opportuniƟes.

Land use is central to the City of Dublin’s capacity to compete for jobs and economic growth. The community’s ability to develop real estate and public spaces at new and redeveloped sites, locate interrelated companies near each other, encourage growth at key business nodes, and build vibrant, engaging, and contemporary places is vital to its compeƟƟveness. PromoƟng real estate investment and achieving desirable land use outcomes is criƟcal to posiƟoning Dublin for economic growth and long-term economic sustainability. In addiƟon, public development of new and reimagined civic spaces can enhance the City’s aƩracƟveness, reputaƟon, and innovaƟon environment.

The City of Dublin seeks to achieve equitable access to opportuniƟes—further reinforcing the community’s holisƟc compeƟƟveness for jobs, businesses, and individuals. Workforce development and educaƟon partnerships will ensure that residents and workers can access high-quality jobs and build wealth.

Technical resources and simple approval processes for small businesses expand entrepreneurial opportuniƟes. Additionally, culturally relevant engagement and services leverage Dublin’s rapidly diversifying populaƟon to assist in growing the economy. 462
City of Dublin General Plan | Economic Development 11–2

11.3 RELEVANT PLANS AND POLICES
Dublin has adopted a number of plans and policies to guide development. Some of these pertain to the enƟre City, while others have a specific area of focus. As part of the City of Dublin General Plan, this Economic Development Element provides goals, policies, and implementaƟon measures that address the enƟre City, though some specific goals and policies are geographically targeted. The City’s General Plan and the Eastern Dublin and Downtown Dublin Specific Plans are most relevant to the Economic Development Element.

A. City of Dublin General Plan
The City’s General Plan is the policy framework for development decisions. It is the highest-level policy document for the City. State law requires that general plans include land use, circulaƟon, open space, conservaƟon, air quality, safety, noise, and housing elements. AddiƟonal, opƟonal, elements may be included. All elements of a General Plan are considered equal and all other plans and policies are required by state law to be consistent with the General Plan. The Economic Development Element is an opƟonal element of the Dublin General Plan.

The City of Dublin General Plan acknowledges that on the local level, development will be required to respond to community needs for housing, employment, and leisure opportuniƟes and to the natural constraints of the area. In parƟcular, regarding employment-supporƟng uses, the General Plan states that commercial and employment-generaƟng uses will be located near the freeway and transit lines to facilitate efficient transportaƟon. Accordingly, the Economic Development Element offers guidance for economic development acƟviƟes in these areas, with parƟcular focus on three important locaƟons: (1) the Eastern Dublin Transit Center, (2) the Fallon East Economic Development Zone, and (3) Downtown Dublin. Dublin has two Specific Plans that cover these workplace locaƟons.

B. Eastern Dublin Specific Plan
The Eastern Dublin Specific Plan (EDSP) provides policy guidance for exisƟng and future development generally east of the Iron Horse Trail and the Parks Reserve Forces Training Area (Parks RFTA or Camp Parks).

New development in this area requires adopƟon of Planned Development (PD) zoning, which includes development regulaƟons, architectural standards, and preliminary landscape plans. The EDSP provides for employment-generaƟng land uses located on the west side of the planning area, in close proximity to the BART staƟon and near I-580 and Dublin Boulevard where freeway access is convenient. The EDSP was also amended in 2022 to emphasize development of the Fallon Gateway area with employment-generaƟng land uses within the Fallon East Economic Development Zone located in the eastern porƟon of the EDSP. In addiƟon to the Transit Center and Fallon Gateway, the EDSP provides for office space and other employment-generaƟng uses in addiƟonal locaƟons within the Specific Plan area.

C. Downtown Dublin Specific Plan
The Downtown Dublin Specific Plan (DDSP) provides policy guidance, development standards, and design guidelines for Downtown Dublin. The DDSP includes a Retail District, Transit-Oriented District, and Village Parkway District, each of which allow for office space and other employment-generaƟng land uses, which contribute to economic development in Dublin. The City of Dublin adopted a Downtown Dublin Preferred Vision in 2019 and subsequent edits to the DDSP to guide development of the Dublin Commons project within the Retail District of the DDSP.
463
City of Dublin General Plan | Economic Development 11–3

11.4 ORGANIZATION OF ECONOMIC DEVELOPMENT ELEMENT
This Economic Development Element is organized according to the following structure:

Goals
Goals are general and serve as guiding principles for economic development acƟviƟes.

Policies
Policies divide the goals into more specific economic development guidelines.

ImplementaƟon Measures
ImplementaƟon measures are specific tasks needed to achieve the goals and policies.

11.5 GOAL I: INNOVATION GROWTH
Goal 1: InnovaƟon Growth includes policies to support Dublin in aƩracƟng and retaining businesses in a variety of industries, including those that were categorized as high-priority industries in the City of Dublin’s Economic Development Strategy adopted in 2024.

11.5.1 MAINTAIN AND ENHANCE ECONOMIC DEVELOPMENT FUNCTIONS A. Policy

1. The City of Dublin has a well-established pracƟce of economic development work, including a variety of programs that support business aƩracƟon and retenƟon. Through the Economic Development Department, the City currently offers incenƟve programs, business training, business outreach, and business support services. The City shall maintain the funcƟon of Economic Development as a tool to promote innovaƟon growth in the City and the region.

B. ImplementaƟon Measures

1. Maintain Business IncenƟve Programs: Maintain incenƟves that respond to current economic condiƟons and serve to aƩract and retain business acƟvity in the City of Dublin, as appropriate.

2. Establish Industry Stakeholder Groups: Establish standing stakeholder groups for informaƟon technology, professional and financial services, and biomedical businesses.

3. Conduct Business Seminars, Roundtables, and other Related Programs: Offer seminars, discussion meeƟngs, and classes to support business owners, in partnership with the Dublin Chamber of Commerce, the Alameda County Small Business Development Center, and other business support enƟƟes, as appropriate.

4. Coordinate with Regional EnƟƟes: ConƟnue to remain engaged as an acƟve parƟcipant in current efforts to enhance economic development acƟviƟes in the region.

5. ConƟnue the Business VisitaƟon Program: Meet individually with businesses to assist with retenƟon and expansion, and to raise awareness of City services available to local businesses. 464
City of Dublin General Plan | Economic Development 11–4

6. Maintain the Economic Development Strategy: The City shall periodically review and update the Economic Development Strategy to proacƟvely address the evolving needs of businesses and respond to shiŌing economic condiƟons.

11.5.2 ESTABLISH AND MAINTAIN A BUSINESS-FRIENDLY MARKETING AND BRANDING

STRATEGY
A. Policy

1. The City of Dublin produces markeƟng materials and undertakes other acƟviƟes to promote Dublin as a place for business. The City shall formalize its markeƟng acƟviƟes by creaƟng and maintaining a comprehensive markeƟng and branding strategy unique to Dublin’s economic development efforts targeted towards high-priority industries. The markeƟng and branding strategy shall be conƟnually updated to refresh the City of Dublin’s outward idenƟty, publicizing the evoluƟon of the City and business community, as appropriate.

B. ImplementaƟon Measures

1. Prepare a MarkeƟng and Branding Strategy: Develop an economic development-tailored markeƟng and branding strategy that focuses on Dublin’s compeƟƟve assets.

2. Conduct City Staff Trainings: Establish a shared understanding of Dublin’s assets and messaging for economic development.

3. Implement the MarkeƟng and Branding Strategy: Allocate staff Ɵme and/or funds to support markeƟng and branding efforts, as appropriate.

4. Update the MarkeƟng and Branding Strategy: Revisit the strategy periodically to ensure that markeƟng and branding efforts are kept current.

11.5.3 FOCUS BUSINESS VISITATION PROGRAM ON HIGH-PRIORITY INDUSTRIES A. Policy

1. Retaining businesses in high-priority industries is a primary goal for the City of Dublin, given the potenƟal these companies hold for job creaƟon within the City. To target businesses in high-priority industries, the City of Dublin shall maintain a Business VisitaƟon Program that seeks to idenƟfy and solve local economic development constraints.

B. ImplementaƟon Measures

1. Confirm High-Priority Industries: Building on the Economic Development Strategy adopted in 2024, establish and maintain a list of industries to prioriƟze for the Business VisitaƟon Program.

2. Implement Targeted VisitaƟon Program: Conduct business visits and respond to cited concerns and issues, as appropriate.

11.5.4 PARTICIPATE IN REGIONAL ECONOMIC DEVELOPMENT EFFORTS A. Policy

1. The City of Dublin shall coordinate with local and regional enƟƟes to foster regional strengths, leveraging the efforts of organizaƟons that seek to improve the Tri-Valley economy. Regional partners 465
City of Dublin General Plan | Economic Development 11–5 may be tradiƟonal economic development enƟƟes or other organizaƟons that promote quality of place and quality of life through efforts to enhance the cultural and social fabric of the region.

B. ImplementaƟon Measures

1. IdenƟfy Priority EnƟƟes/Programs: Building on the Economic Development Strategy, establish and expand communicaƟons with regional enƟƟes that have the potenƟal to enhance the Tri-Valley economy.

2. ParƟcipate in Regional Economic Development Efforts: Coordinate and partner with regional economic development enƟƟes to support regional economic development efforts, as appropriate.

11.6 GOAL II: SMALL BUSINESS SUPPORT
Small businesses and the jobs they support are criƟcal to the City of Dublin economy. Goal II: Small Business Support seeks to improve City of Dublin pracƟces and procedures to promote small business growth.

11.6.1 IMPROVE AND MAINTAIN SMALL BUSINESS-FRIENDLY DEVELOPMENT SERVICES A. Policy

1. The City of Dublin shall strive to offer small businesses and other City permit applicants an efficient and transparent building permit and inspecƟon process. By providing permit applicants a well-defined roadmap and Ɵmeline for interacƟons with the City of Dublin, the City shall minimize the financial risk to applicants seeking to undertake new projects.

B. ImplementaƟon Measures

1. Maintain Business Concierge Program: ConƟnue maintaining a “concierge” funcƟon to support businesses in navigaƟng processes such as business licenses, tenant improvements, and other permiƫng processes.

2. Survey Small Businesses: Conduct ongoing follow-up surveys with businesses that interact with the City of Dublin to idenƟfy recurring issues affecƟng the clarity and efficiency of these processes.

3. Evaluate and Implement PotenƟal Refinements to City processes and communicaƟon: Based on feedback, review current procedures and implement improvements to permiƫng, licensing, and other City processes affecƟng Dublin’s businesses.

11.6.2 IMPROVE MARKETING OF CITY-OFFERED PROGRAMS AND SERVICES A. Policy

1. The City of Dublin shall strive to improve markeƟng of City-offered incenƟves, services, and programs to exisƟng small businesses in addiƟon to maintaining successful engagement with new businesses.

B. ImplementaƟon Measures

1. Promote City-Offered IncenƟves and Services: Maintain a process and regular Ɵmeline for preparing and sending markeƟng to business license holders and local small businesses. 466
City of Dublin General Plan | Economic Development 11–6

2. Review Small Business Events: ConƟnue conducƟng reviews of small business promoƟonal events and campaigns to assess their impact and relevance to local businesses.

11.6.3 ENHANCE SMALL BUSINESS ENGAGEMENT AND TECHNICAL TRAINING

RESOURCES
A. Policy

1. The City of Dublin shall enhance ongoing engagement between the City and local small businesses to pursue opportuniƟes to support businesses and to share available programs and markeƟng opportuniƟes. As opportuniƟes and funding arise, the City of Dublin shall also expand small business technical training resources.

B. ImplementaƟon Measures

1. Conduct Outreach to Small Businesses: Conduct outreach targeted to Dublin’s diverse communiƟes of local small businesses and business organizaƟons to gather informaƟon about specific needs and concerns.

2. ConƟnue Small Business Navigator Program or Similar Services: ConƟnue to provide service and expand, if possible.

3. Maintain Online Resources: ConƟnue using the City of Dublin’s website to help connect local small businesses to programs and organizaƟons that provide technical assistance.

4. Assist Small Businesses Directly: ConƟnue providing small business assistance through acƟviƟes such as direcƟon to resources, local grant funding and low-cost loan opportuniƟes, landlord outreach, and connecƟons with real estate brokers and other regional partners.

11.7 GOAL III: DEVELOPMENT OF STRATEGIC EMPLOYMENT-SUPPORTING

GREENFIELD SITES
Goal III: Development of Strategic Employment-SupporƟng Greenfield Sites seeks to ensure development of major greenfield opportunity sites with modern commercial and light industrial employment uses by supporƟng infrastructure needs and reducing cost barriers.

11.7.1 PRIORITIZE THE FALLON EAST ECONOMIC DEVELOPMENT ZONE A. Policy

1. The City of Dublin shall conƟnue prioriƟzing the Fallon East Economic Development Zone as a key area for aƩracƟng high priority industries such as those idenƟfied in the Economic Development Strategy adopted in 2024.

B. ImplementaƟon Measures

1. Develop Infrastructure: ConƟnue working with property owners, developers, and the City of Livermore to coordinate, fund, and build out the Dublin Boulevard extension and other required infrastructure, as feasible.
467
City of Dublin General Plan | Economic Development 11–7

2. Maintain and Consider IncenƟves for Development: ConƟnue to prioriƟze aƩracƟng high-priority industries through development incenƟves in the Fallon East Economic Development Zone. Solicit feedback on exisƟng development incenƟves to determine future adjustments.

3. Promote Fallon East Economic Development Zone: Promote greenfield development opportuniƟes as part of Dublin’s markeƟng and branding efforts, especially when undertaking business aƩracƟon efforts focused on R&D, biomedical, office, manufacturing, and other light industrial uses.

11.7.2 MONITOR OPPORTUNITIES AND PROMOTE DEVELOPMENT IN OTHER KEY

GREENFIELD SITES
A. Policy

1. The City of Dublin shall conƟnue to monitor and promote development in key greenfield sites across the City that can accommodate employment-generaƟng uses.

B. ImplementaƟon Measures

1. Promote Dublin Centre Project: Work with the developers of the Dublin Centre Project to ensure the creaƟon of a modern mixed-use community gathering and entertainment desƟnaƟon.

2. Engage With Alameda County Surplus Property Authority (ACSPA): ConƟnue engagement with the ACSPA to determine a vision and work plan for acƟvaƟng and developing county-owned parcels near the Dublin/Pleasanton BART staƟon.

3. Monitor AddiƟonal Greenfield Sites: ConƟnue to monitor opportuniƟes to support commercial development at other greenfield sites such as the vacant property bounded by Arnold Road, MarƟnelli Way, Hacienda Drive, and I-580.

11.8 GOAL IV: PROMOTE INFILL INVESTMENT
Goal IV: Promote Infill Investment enhances Dublin’s ability to compete for innovaƟon-oriented businesses by creaƟng commercial environments that aƩract modern retail, housing, dining, recreaƟon, and entertainment ameniƟes.

11.8.1 ACHIEVE THE DOWNTOWN DUBLIN VISION
A. Policy

1. The City of Dublin shall conƟnue to idenƟfy and implement investments, partnerships, and regulatory changes that accelerate the emergence of Downtown Dublin as a mixed-use innovaƟon district and community desƟnaƟon.

B. ImplementaƟon Measures

1. Partner with Developers and Property Owners: ConƟnue providing supporƟve services, regulatory amendments, and parƟcipaƟng in development negoƟaƟons as part of the public-private partnership to accelerate buildout of the Dublin Commons project.

2. Explore Funding and Financing Tools: Explore adopƟon of funding and financing tools to accelerate construcƟon of public infrastructure that supports buildout of the Dublin Commons project and 468
City of Dublin General Plan | Economic Development 11–8 improves mulƟmodal transportaƟon connecƟons within and between subareas of Downtown Dublin.

3. IdenƟfy Incubator Space OpportuniƟes: Explore the potenƟal creaƟon of a business and innovaƟon incubator space in the Downtown Dublin area.

11.8.2 EXPLORE OPPORTUNITIES WITH HACIENDA CROSSINGS SHOPPING CENTER A. Policy

1. The City of Dublin shall explore opportuniƟes to support tenant aƩracƟon, expansion of entertainment and dining, reduce barriers to diversifying uses, and to incenƟvize reinvestment and new development within the Hacienda Crossings shopping center.

B. ImplementaƟon Measures

1. Maintain Regular Contact with Hacienda Crossings Management: Ensure proacƟve regular contact with Hacienda Crossings management and ownership to idenƟfy and address barriers and opportuniƟes for aƩracƟng tenants and reinvestment at the shopping center.

2. Collaborate In Future Plans: If the Hacienda Crossings ownership chooses to pursue a significant master planning or re-visioning process for the center, collaboraƟvely idenƟfy ways to support and accelerate this process.

11.8.3 EXPLORE THE FUNCTIONALITY OF EXISTING INDUSTRIAL BUILDINGS A. Policy

1. The City of Dublin shall undertake a process to determine the funcƟonality and relevance of exisƟng industrial buildings for manufacturing, R&D, and construcƟon businesses. Based on the results of this process, the City may undertake acƟons to address challenges and implement land use policy as needed to preserve the diversity of spaces available for businesses in Dublin.

B. ImplementaƟon Measures

1. Study FuncƟonality: Study the funcƟonality, relevance, challenges, and opportuniƟes of industrial spaces, especially within the Sierra / Trinity Business Park.

2. InvesƟgate Land Use Policy Changes: Based on the findings of the preceding acƟon, invesƟgate the need for land use policy changes that limit or expand the types of uses permiƩed in specific industrial areas in Dublin, parƟcularly in the Sierra / Trinity Business Park.

3. Implement AcƟons to Support FuncƟonality of Industrial Buildings: Pursue land use policy changes as appropriate to preserve a wide diversity of space available for businesses in all industries in Dublin, as necessary.

11.9 GOAL V: SUPPORT RETAIL VITALITY
Goal V: Support Retail Vitality seeks to support Dublin’s retail opportuniƟes given market trends such as growth of e-commerce sales and the evoluƟon of tenant space and locaƟon preferences. 469
City of Dublin General Plan | Economic Development 11–9

11.9.1 STUDY INCENTIVES AND LAND USE REGULATION TO REDUCE BARRIERS A. Policy

1. The City of Dublin shall study potenƟal incenƟves and changes to zoning and land use regulaƟon that will reduce barriers to flexibly reusing exisƟng retail spaces and to converƟng retail uses to indemand uses such as entertainment, dining, and personal services.

B. ImplementaƟon Measures

1. InvesƟgate and Address Regulatory Barriers: Collect informaƟon regarding specific regulatory barriers to changes of use in retail spaces through ongoing contacts with brokers and retail, dining, and entertainment businesses. Review and modify any regulatory barriers, as needed.

11.9.2 EXPAND AND ENHANCE RETAIL PERFORMANCE MONITORING A. Policy

1. The City of Dublin shall maintain and expand performance monitoring of exisƟng shopping centers and commercial areas.

B. ImplementaƟon Measures

1. Monitor Sales Performance: ConƟnue working with the City of Dublin’s sales tax data provider to establish data reporƟng geographies in Dublin. ConƟnue monitoring sales tax performance on a quarterly basis for all reporƟng geographies.

2. Market City-Offered Services to Businesses: Conduct outreach and market exisƟng City-offered services to owners of shopping centers and businesses experiencing significant declines in sales.

UƟlize the services of the Business Navigator Program as a resource for these businesses.

3. Engage Brokers and Property Owners: ConƟnue ongoing engagement with brokers and property owners to idenƟfy opportuniƟes, challenges, tenant changes, and trends.

11.9.3 MAINTAIN OUTREACH TO LARGE SALES TAX REVENUE GENERATORS A. Policy

1. The City of Dublin shall prioriƟze support for its largest sales tax revenue generators, given the importance of these businesses to the City’s overall retail and fiscal health.

B. ImplementaƟon Measures

1. Perform Annual Outreach: ConƟnue annual outreach to automobile dealership owners and the other top 10 sales tax revenue generators in the City of Dublin to offer City services and idenƟfy and resolve any relevant issues and concerns.
470
City of Dublin General Plan | Economic Development 11–10

11.10 GOAL VI: ENHANCE HOTEL STAYS AND DEVELOPMENT
Goal VI: Enhance Hotel Stays and Development focuses on posiƟoning the City of Dublin to benefit from ongoing efforts to aƩract a new mulƟuse venue in the Tri-Valley and conƟnuing to promote the accessibility of Dublin’s hotels to businesses and Tri-Valley desƟnaƟons.

11.10.1 LEVERAGE REGIONAL VENUE AND HOTEL ATTRACTION EFFORTS A. Policy

1. The City of Dublin shall conƟnue collaboraƟon with regional stakeholders like Visit Tri-Valley to aƩract a potenƟal mulƟuse venue and new hotels that would capture visitaƟon and commercial acƟvity associated with the mulƟuse venue.

B. ImplementaƟon Measures

1. Collaborate with Visit Tri-Valley: Through ongoing collaboraƟon with Visit Tri-Valley, determine potenƟal opportuniƟes for Dublin to aƩract a mulƟuse venue or determine ways the City of Dublin can support the venue’s construcƟon and aƩract new hotels and hotel stays based on the venue’s operaƟons.

11.10.2 MARKET DUBLIN AS A LOCATION FOR OVERNIGHT VISITORS A. Policy

1. The City of Dublin shall support and pursue growth of overnight visits and addiƟonal hotel development to support related tax revenues, spending at local businesses, and the employee accommodaƟon needs of major businesses.

B. ImplementaƟon Measures

1. Convene Annual MeeƟng of Hospitality Stakeholders: Work with Visit Tri-Valley to convene an annual meeƟng of hotel owners and managers in Dublin to offer services, idenƟfy and address concerns, and learn about opportuniƟes to promote the City’s hotels.

2. Promote Dublin: ConƟnue collaboraƟon with Visit Tri-Valley and advocate for promoƟon of Dublin’s hotels and new hotel development.

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City of Dublin General Plan | Economic Development 11–11

11.11 GOAL VII: SUPPORT WORKFORCE OPPORTUNITIES
Goal VII: Support Workforce OpportuniƟes prioriƟzes the support of workforce development services and commute access to jobs are readily available for the City of Dublin’s residents and workers.

11.11.1 LEVERAGE REGIONAL INITIATIVES
A. Policy

1. The City of Dublin shall conƟnue to influence and leverage regional workforce and economic development organizaƟons and iniƟaƟves to ensure workforce development and training services are available to Dublin residents and workers.

B. ImplementaƟon Measures

1. Build Regional Partnerships and Leverage IniƟaƟves for Training and Workforce Development:

Maintain regular contact with and seek opportuniƟes to connect and encourage collaboraƟon between major employers and regional workforce and economic development organizaƟons.

11.11.2 LEVERAGE REGIONAL TRANSPORTATION INITIATIVES
A. Policy

1. The City of Dublin shall support and achieve benefits from ongoing iniƟaƟves to expand and invest in transportaƟon infrastructure.

B. ImplementaƟon Measures

1. Leverage New Commute OpƟons: Consider and incorporate new worker commute access opportuniƟes, such as the planned Valley Link rail project, as part of planning and business aƩracƟon efforts.
472
Attachment 3
Chapter 11

ECONOMIC DEVELOPMENT

ELEMENT
General Plan
473
City of Dublin General Plan | Economic Development 11–1

11.1 INTRODUCTION
The Economic Development Element guides the City of Dublin’s efforts to foster business expansion and job growth, providing a framework for economic development programs and activities. While the Economic Development Element does not explicitly seek to generate fiscal benefits accruing to the City of Dublin, increased net tax revenue is a likely byproduct of the policies. The overarching objective of the Economic Development Element is to enhance the competitiveness of the City of Dublin and to promote a strong, diverse, and evolving economic base that creates broadly shared economic and employment opportunities for Dublin residents and workers.

11.2 ECONOMIC DEVELOPMENT PRINCIPLES
The City of Dublin desires to undertake economic development activities to improve its competitive position relative to other California cities. Competitiveness spans a multitude of subjective measures, including (1) attractiveness to companies, (2) attractiveness to individuals, (3) reputation/brand, and (4) innovation environment (i.e., potential for home-grown economic development). Maintaining a competitive position is critical to retaining local businesses and attracting new businesses, thereby sustaining and growing the local job base with high-value employment opportunities for current and future residents.

In addition to traditional economic development tools that focus primarily on cost-based incentives for business, the City of Dublin desires to take a more holistic view of economic competitiveness that emphasizes the importance of “quality of place” and “quality of life” factors in attracting companies and individuals. Potentially through physical improvements and other enhancements to community character, the City seeks to promote and foster a built environment that inspires and supports new economic opportunities.

Land use is central to the City of Dublin’s capacity to compete for jobs and economic growth. The community’s ability to develop real estate and public spaces at new and reusedredeveloped sites, locate interrelated companies near each other, encourage growth at key business nodes, and build vibrant, engaging, and contemporary places is vital to its competitiveness. Promoting real estate investment and achieving desirable land use outcomes is critical to positioning Dublin for economic growth and long-term economic sustainability. In addition, public development of new and reimagined civic spaces can enhance the City’s attractiveness, reputation, and innovation environment.

The City of Dublin seeks to achieve equitable access to opportunities—further reinforcing the community’s holistic competitiveness for jobs, businesses, and individuals. Workforce development and education partnerships will ensure that residents and workers can access high-quality jobs and build wealth.

Technical resources and simple approval processes for small businesses expand entrepreneurial opportunities. Additionally, culturally relevant engagement and services leverage Dublin’s rapidly diversifying population to assist in growing the economy. 474
City of Dublin General Plan | Economic Development 11–2

11.3 RELEVANT PLANS AND POLICES
Dublin has adopted a number of plans and policies to guide development. Some of these pertain to the entire City, while others have a specific area of focus. As part of the City of Dublin General Plan, this Economic Development Element provides goals, policies, and implementation measures that address the entire City, though some specific goals and policies are geographically targeted. The City’s General Plan and the Eastern Dublin and Downtown Dublin Specific Plans are most relevant to the Economic Development Element.

A. City of Dublin General Plan
The City’s General Plan is the policy framework for development decisions. It is the highest-level policy document for the City. State law requires that the general plans include land use, circulation, open space, conservation, air quality, safety, noise, and housing elements. Additional, optional, elements may be included. All elements of a General Plan are considered equal and all other plans and policies are required by state law to be consistent with the General Plan. The Economic Development Element is an optional element of the Dublin General Plan.

The City of Dublin General Plan acknowledges that on the local level, development will be required to respond to community needs for housing, employment, and leisure opportunities and to the natural constraints of the area. In particular, regarding employment-supporting uses, the General Plan states that commercial and employment-generating uses will be located near the freeway and transit lines to facilitate efficient transportation. Accordingly, the Economic Development Element offers guidance for economic development activities in these areas, with particular focus on twothree important locations: (1) the Eastern Dublin Transit Center, (2) the Fallon East Economic Development Zone, and (23) Downtown Dublin.

Dublin has developedtwo Specific Plans that cover both of these workplace locations.

B. Eastern Dublin Specific Plan
The Eastern Dublin Specific Plan (EDSP) provides policy guidance for existing and future development generally east of the Iron Horse Trail and the Parks Reserve Forces Training Area (Parks RFTA or Camp Parks).

New development in this area requires adoption of Planned Development (PD) zoning, which includes development regulations, architectural standards, and preliminary landscape plans. The EDSP provides for employment-generating land uses located on the west side of the planning area, in close proximity to the BART station and near I-580 and Dublin Boulevard where freeway access is convenient. In addition to at the Transit CenterThe EDSP was also amended in 2022 to emphasize development of the Fallon Gateway area with employment-generating land uses within the Fallon East Economic Development Zone located in the eastern portion of the EDSP. In addition to the Transit Center and Fallon Gateway, the EDSP provides for office space and other employment-generating uses in additional locations within the Specific Plan area.

C. Downtown Dublin Specific Plan
The Downtown Dublin Specific Plan (DDSP) provides policy guidance, development standards, and design guidelines for Downtown Dublin. The DDSP replaced the Dublin Downtown Specific Plan, Downtown Core Specific Plan, San Ramon Road Specific Plan, Village Parkway Specific Plan, and West Dublin BART Specific Plan. The DDSP includes a Retail District, Transit-Oriented District, and Village Parkway District, each of which allow for office space and other employment-generating land uses, which contribute to economic development in Dublin. The City of Dublin adopted a Downtown Dublin Preferred Vision in 2019 and 475
City of Dublin General Plan | Economic Development 11–3 subsequent edits to the DDSP to guide development of the Dublin Commons project within the Retail District of the DDSP.

11.4 ORGANIZATION OF ECONOMIC DEVELOPMENT ELEMENT
This Economic Development Element is organized according to the following structure:

Goals
Goals are general and serve as a guiding principalprinciples for economic development activities.

Policies
Policies divide the goals into more specific economic development guidelines.

Implementation Measures
Implementation measures are specific tasks needed to achieve the goals and policies.

11.5 GOAL I: ECONOMIC VIBRANCY

INNOVATION GROWTH
Economic vibrancy is central to the City’s economic development objective to enhance the competitiveness of the City and to maintain a strong and diverse economic base. Goal I: Economic Vibrancy includes policies to maintain and enhance the City’s economic development programs, including through more robust marketing and branding, highly-targeted outreach, and increased regional coordination.

11.5.1 MAINTAIN AN ECONOMIC DEVELOPMENT FUNCTION
A. Goal 1: Innovation Growth includes policies to support Dublin in attracting and retaining businesses in a variety of industries, including those that were categorized as high-priority industries in the City of Dublin’s Economic Development Strategy adopted in 2024.

11.5.1 MAINTAIN AND ENHANCE ECONOMIC DEVELOPMENT FUNCTIONS A. Policy

1. The City of Dublin has a well-established practice of economic development work, including a variety of programs that support business attraction and retention. Through the Economic Development Department, the City currently offers incentive programs, business training, business outreach, and business support services. The City shall maintain the function of Economic Development as a tool to promote economic vibrancyinnovation growth in the City and the region. 476
City of Dublin General Plan | Economic Development 11–4 B. Implementation Measures

1. Maintain Business Incentive Programs: Maintain incentives that respond to current economic conditions and serve to attract and retain business activity in the City of Dublin, as appropriate.

2. Establish Industry Stakeholder Groups: Establish standing stakeholder groups for information technology, professional and financial services, and biomedical businesses.

2.3. Conduct Business Seminars, Roundtables, and other Related Programs: Offer seminars, discussion meetings, and classes to support business owners, in partnership with the Dublin Chamber of Commerce, the Alameda County Small Business Development Center, and other business support entities, as appropriate.

3.4. 3. CoordinationCoordinate with Regional Entities: At present, there are several regional entities working to advance economic development activities in the region. The City should Continue to remain engaged as an active participant in the current efforts (i-GATE, Tri-Valley Convention and Visitors Bureau, Innovation Tri-Valley, East Bay EDA, just to name a few).

Additionally, the City should coordinate with future regional economic development efforts so long as they are not in conflict with this Element.to enhance economic development activities in the region.

4. Business Recognition Program: Recognize local businesses for significant anniversaries and notable contributions to the community.

4.5. 5. Continue the Business Visitation Program: Meet individually with businesses to assist with retention and expansion, and to raise awareness of City services available to local businesses.

6. Ombudsman Services: Facilitate permitting and other interactions between the business community and local government.

5.6. 7. Maintain the Economic Development Strategy: The City shall periodically review and update the Economic Development Strategy to ensure its relevance to proactively address the evolving marketneeds of businesses and respond to shifting economic forces, as necessaryconditions.

11.5.2 MAINTAIN A COMPREHENSIVE MARKETING AND BRANDING PLAN

11.5.2 A.

ESTABLISH AND MAINTAIN A BUSINESS-FRIENDLY MARKETING AND BRANDING

STRATEGY

A. Policy

1. The City of Dublin produces marketing materials and undertakes other activities to promote Dublin as a place for business. The City shall formalize its marketing activities by creating and maintaining a comprehensive marketing and branding plan.strategy unique to Dublin’s economic development efforts targeted towards high-priority industries. The marketing and branding plan shouldstrategy shall be continually updated to refresh the City’sCity of Dublin’s outward identity, publicizing the evolution of the City and business community, as appropriate.

B. Implementation Measures
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City of Dublin General Plan | Economic Development 11–5

1. Prepare a Marketing and Branding Plan: Building on the Economic Development Strategy,: Develop an economic development-tailored marketing and branding strategy that focuses on Dublin’s competitive assets.

1.2. Conduct City Staff Trainings: Establish a distinct identityshared understanding of Dublin’s assets and messaging for the City and specify appropriate Bay Area media outlets for promotional activities.economic development.

2.3. 2. Implement the Marketing and Branding PlanStrategy: Allocate staff time and/or funds to support marketing and branding efforts, as appropriate.

3.4. 3. Update the Marketing and Branding PlanStrategy: Revisit the planstrategy periodically to ensure that marketing and branding efforts are kept current.

11.5.211.5.3 1

1.5.3 FOCUS BUSINESS VISITATION PROGRAM ON HIGH-GROWTH COMPANIES

PRIORITY INDUSTRIES
A. Policy

1. Retaining businesses in high-growth companies is a priority industries is a primary goal for the City of Dublin, given the potential these companies hold for job creation within the City. TargetingTo target businesses in high-growth companiespriority industries, the City shouldof Dublin shall maintain a Business Visitation Program that seeks to identify and solve local economic development constraints.

B. Implementation Measures

1. Confirm High-Growth CompaniesPriority Industries: Building on the Economic Development Strategy adopted in 2024, establish and maintain a list of priority businessesindustries to prioritize for the Business Visitation Program.

2. Implement Targeted Visitation Program: Conduct business visitationsvisits and respond to cited concerns and issues, as appropriate.

11.5.311.5.4 1

1.5.4 PARTICIPATE IN REGIONAL ECONOMIC DEVELOPMENT EFFORTS A. Policy

1. The City of Dublin shall coordinate with local and regional entities to foster regional strengths, leveraging the efforts of organizations that seek to improve the Tri-Valley economicallyeconomy.

Regional partners may be traditional economic development entities or other organizationorganizations that promote quality of place and quality of life through efforts to enhance the cultural and social fabric of the region.

B. Implementation Measures

1. Identify Priority Entities/Programs: Building on the Economic Development Strategy, establish and maintainexpand communications with regional entities that have the potential to enhance the TriValley economy.

2. Participate in Regional Economic Development Efforts: Coordinate and partner with regional economic development entities to support regional economic development efforts, as appropriate. 478
City of Dublin General Plan | Economic Development 11–6

11.6 GOAL II: IMPROVE CONDITIONS FOR SMALL BUSINESSES

BUSINESS SUPPORT
Small businesses and the jobs they support are critical to the City of Dublin economy. Goal II: Improve Conditions for Small BusinessesBusiness Support seeks to improve City of Dublin practices and procedures to promote small business growth.

11.6.1 IMPROVE AND MAINTAIN SMALL BUSINESS-FRIENDLY DEVELOPMENT SERVICES A. Policy

1. The City of Dublin shall strive to offer small businesses and other City permit applicants a clearan efficient and certaintransparent building permit and inspection process. By providing permit applicants a well-defined roadmap and timeline for interactions with the City of Dublin, the City willshall minimize the financial risk to applicants seeking to undertake new projects. Through an enhanced development services program, the City endeavors to minimize unnecessary costs of business in the City of Dublin.

B. Implementation Measures

1. Maintain Business Concierge Program: Continue maintaining a “concierge” function to support businesses in navigating processes such as business licenses, tenant improvements, and other permitting processes.

2. Survey Small Businesses: Conduct ongoing follow-up surveys with businesses that interact with the City of Dublin to identify recurring issues affecting the clarity and efficiency of these processes.

Evaluate and Implement Electronic Permit Tracking System: Convert to an online building permit process.

1.3. 2. Evaluate Possible Building Permit/Inspection Process Potential Refinements: to City processes and communication: Based on feedback, review current procedures and consider options to improve the City permit and inspection processimplement improvements to permitting, licensing, and other City processes affecting Dublin’s businesses.

11.6.2 IMPROVE MARKETING OF CITY-OFFERED PROGRAMS AND SERVICES

A. Policy

1. The City of Dublin shall strive to improve marketing of City-offered incentives, services, and programs to existing small businesses in addition to maintaining successful engagement with new businesses.

B. Implementation Measures

1. Promote City-Offered Incentives and Services: Maintain a process and regular timeline for preparing and sending marketing to business license holders and local small businesses. 479
City of Dublin General Plan | Economic Development 11–7

2. Review Small Business Events: Continue conducting reviews of small business promotional events and campaigns to assess their impact and relevance to local businesses.

11.6.3 ENHANCE SMALL BUSINESS ENGAGEMENT AND TECHNICAL TRAINING

RESOURCES
A. Policy

1. The City of Dublin shall enhance ongoing engagement between the City and local small businesses to pursue opportunities to support businesses and to share available programs and marketing opportunities. As opportunities and funding arise, the City of Dublin shall also expand small business technical training resources.

B. Implementation Measures

1. Conduct Outreach to Small Businesses: Conduct outreach targeted to Dublin’s diverse communities of local small businesses and business organizations to gather information about specific needs and concerns.

2. Continue Small Business Navigator Program or Similar Services: Continue to provide service and expand, if possible.

3. Maintain Online Resources: Continue using the City of Dublin’s website to help connect local small businesses to programs and organizations that provide technical assistance.

4. Assist Small Businesses Directly: Continue providing small business assistance through activities such as direction to resources, local grant funding and low-cost loan opportunities, landlord outreach, and connections with real estate brokers and other regional partners.

11.7 GOAL III: DEVELOPMENT OF STRATEGIC EMPLOYMENT-SUPPORTING

GREENFIELD SITES
Economic development and job growth will require additional workspaces in the future. Goal III:

Development of Strategic Employment-Supporting Greenfield Sites seeks to maximize the potential for ensure development of workplacemajor greenfield opportunity sites with modern commercial and light industrial employment uses in by supporting infrastructure needs and reducing cost barriers.

11.7.1 PRIORITIZE THE FALLON EAST ECONOMIC DEVELOPMENT ZONE A. Policy

1. The City of Dublin shall continue prioritizing the Fallon East Economic Development Zone as a key area for attracting high priority industries such as those identified in the Economic Development Strategy adopted in 2024.

11.7.1 PARTNER WITH THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY

B. A. Implementation Measures
480
City of Dublin General Plan | Economic Development 11–8

1. Develop Infrastructure: Continue working with property owners, developers, and the City of Livermore to coordinate, fund, and build out the Dublin Boulevard extension and other required infrastructure, as feasible.

2. Maintain and Consider Incentives for Development: Continue to prioritize attracting high-priority industries through development incentives in the Fallon East Economic Development Zone. Solicit feedback on existing development incentives to determine future adjustments.

3. Promote Fallon East Economic Development Zone: Promote greenfield development opportunities as part of Dublin’s marketing and branding efforts, especially when undertaking business attraction efforts focused on R&D, biomedical, office, manufacturing, and other light industrial uses.

11.7.2 MONITOR OPPORTUNITIES AND PROMOTE DEVELOPMENT IN OTHER KEY

GREENFIELD SITES
A. Policy

1. The City of Dublin shall continue to monitor and promote development in key greenfield sites across the City that can accommodate employment-generating uses.

B. Implementation Measures

1. Promote Dublin Centre Project: Work with the developers of the Dublin Centre Project to ensure the creation of a modern mixed-use community gathering and entertainment destination.

2. Engage With Alameda County Surplus Property Authority (ACSPA) controls ): Continue engagement with the ACSPA to determine a vision and work plan for activating and developing county-owned parcels near the Dublin/Pleasanton BART station.

3. Monitor Additional Greenfield Sites: Continue to monitor opportunities to support commercial development at other greenfield sites such as the vacant property bounded by Arnold Road, Martinelli Way, Hacienda Drive, and I-580.

11.8 GOAL IV: PROMOTE INFILL INVESTMENT
Goal IV: Promote Infill Investment enhances Dublin’s ability to compete for innovation-oriented businesses by creating commercial environments that attract modern retail, housing, dining, recreation, and entertainment amenities.

11.8.1 ACHIEVE THE DOWNTOWN DUBLIN VISION
A. Policy

1. The City of Dublin shall continue to identify and implement investments, partnerships, and regulatory changes that accelerate the emergence of Downtown Dublin as a mixed-use innovation district and community destination.

B. Implementation Measures
481
City of Dublin General Plan | Economic Development 11–9

1. Partner with Developers and Property Owners: Continue providing supportive services, regulatory amendments, and participating in development negotiations as part of the public-private partnership to accelerate buildout of the Dublin Commons project.

2. Explore Funding and Financing Tools: Explore adoption of funding and financing tools to accelerate construction of public infrastructure that supports buildout of the Dublin Commons project and improves multimodal transportation connections within and between subareas of Downtown Dublin.

3. Identify Incubator Space Opportunities: Explore the potential creation of a business and innovation incubator space in the Downtown Dublin area.

11.8.2 EXPLORE OPPORTUNITIES WITH HACIENDA CROSSINGS SHOPPING CENTER A. Policy

1. The City of Dublin shall explore opportunities to support tenant attraction, expansion of entertainment and dining, reduce barriers to diversifying uses, and to incentivize reinvestment and new development within the Hacienda Crossings shopping center.

B. Implementation Measures

1. Maintain Regular Contact with Hacienda Crossings Management: Ensure proactive regular contact with Hacienda Crossings management and ownership to identify and address barriers and opportunities for attracting tenants and reinvestment at the shopping center.

2. Collaborate In Future Plans: If the Hacienda Crossings ownership chooses to pursue a significant master planning or re-visioning process for the center, collaboratively identify ways to support and accelerate this process.

11.8.3 EXPLORE THE FUNCTIONALITY OF EXISTING INDUSTRIAL BUILDINGS A. Policy

1. The City of Dublin shall undertake a process to determine the functionality and relevance of existing industrial buildings for manufacturing, R&D, and construction businesses. Based on the results of this process, the City may undertake actions to address challenges and implement land with use policy as needed to preserve the diversity of spaces available for businesses in Dublin.

B. Implementation Measures

1. Study Functionality: Study the functionality, relevance, challenges, and opportunities of industrial spaces, especially within the Sierra / Trinity Business Park.

2. Investigate Land Use Policy Changes: Based on the findings of the preceding action, investigate the need for land use and zoning in place for over two million square feet of office development at the Eastern Dublin Transit Center, developmentpolicy changes that limit or expand the types of uses permitted in specific industrial areas in Dublin, particularly in the Sierra / Trinity Business Park.

3. Implement Actions to Support Functionality of Industrial Buildings: Pursue land use policy changes as appropriate to preserve a wide diversity of space available for businesses in all industries in Dublin, as necessary.
482
City of Dublin General Plan | Economic Development 11–10

11.9 GOAL V: SUPPORT RETAIL VITALITY
Goal V: Support Retail Vitality seeks to support Dublin’s retail opportunities given market trends such as growth of e-commerce sales and the evolution of tenant space and location preferences.

11.9.1 STUDY INCENTIVES AND LAND USE REGULATION TO REDUCE BARRIERS A. Policy

1. The City of Dublin shall study potential that could support significant future job growth in the City.

The City shall seek to strengthen its incentives and changes to zoning and land use regulation that will reduce barriers to flexibly reusing existing retail spaces and to converting retail uses to in-demand uses such as entertainment, dining, and personal services.

B. Implementation Measures

1. Investigate and Address Regulatory Barriers: Collect information regarding specific regulatory barriers to changes of use in retail spaces through ongoing working relationship and partner with ACSPA to position County-owned Eastern Dublin sites as a jobs center for the regioncontacts with brokers and retail, dining, and entertainment businesses. Review and modify any regulatory barriers, as needed.

B. Implementation Measures

1. Evaluate Existing Land Uses/Zoning: In coordination with ACSPA, review current campus office sites for consistency with market demand and potential for job creation.

2. Evaluate the Potential to Offer “Shovel Ready” Parcels: In coordination with ACSPA, explore and implement, as appropriate, entitlement work (e.g., planning, architecture, and engineering) that could shorten the development project delivery timeline for end users.

3. Explore Potential for Increased Site Marketing: In coordination with ACSPA, explore and implement enhanced marketing of development opportunities, as appropriate.

11.7.2 SUPPORT DOWNTOWN BUSINESS ATTRACTION AND DEVELOPMENT EFFORTS

11.9.2 A.

EXPAND AND ENHANCE RETAIL PERFORMANCE MONITORING
A. Policy

1. With the adoption of the Downtown Dublin Specific Plan (DDSP), the City created a vision for a vibrant mixed-use center, with opportunities for development of employment-supporting uses such as office and retail space. The DDSP strives to create a walkable urban environment that when fully realized could have a dramatic positive effect on quality of place and the City’s regional competitiveness. To achieve this vision and foster economic development, the City shall pursue landowner/business coordination and partnerships to promote the continued evolution of the downtown area. 483
City of Dublin General Plan | Economic Development 11–11

1. B. The City of Dublin shall maintain and expand performance monitoring of existing shopping centers and commercial areas.

B. Implementation Measures

1. Conduct Outreach Efforts: Build support for programs and actions that progress the downtown vision.

2. Participate in Coordinated Activities: In partnership with landowners and businesses, contribute to efforts that promote investment opportunities in the downtown area, as appropriate.

11.8 GOAL IV: ACHIEVE THE DOWNTOWN VISION

Quality of place and quality of life factors are increasingly critical to economic development. The Downtown Dublin vision offers an opportunity to improve quality of place and quality of life factors in Dublin. Goal IV: Achieve the Downtown Vision includes policies that encourage the City to be more active in downtown development, and in other strategic projects within the City.

11.8.1 EXPLORE POTENTIAL FUNDING SOURCES AND FINANCING TOOLS TO ADVANCE

REAL ESTATE AND ECONOMIC DEVELOPMENT

1. A. Monitor Sales Performance: Continue working with the City of Dublin’s sales tax data provider to establish data reporting geographies in Dublin. Continue monitoring sales tax performance on a quarterly basis for all reporting geographies.

2. Market City-Offered Services to Businesses: Conduct outreach and market existing City-offered services to owners of shopping centers and businesses experiencing significant declines in sales.

Utilize the services of the Business Navigator Program as a resource for these businesses.

3. Engage Brokers and Property Owners: Continue ongoing engagement with brokers and property owners to identify opportunities, challenges, tenant changes, and trends.

11.9.3 MAINTAIN OUTREACH TO LARGE SALES TAX REVENUE GENERATORS A. Policy

1. A primary challenge associated with positioning opportunity areas for new development is obtaining reliable financial resources for place-making investments, potentially including creation of public spaces (e.g., parks, plazas, and public art), streetscape and gateway improvements, infrastructure, public parking, or other strategic investments (e.g., subsidies for catalytic projects). The City should seek sources of funds and consider available financing mechanisms for strategic projects.

1. B. The City of Dublin shall prioritize support for its largest sales tax revenue generators, given the importance of these businesses to the City’s overall retail and fiscal health. 484
City of Dublin General Plan | Economic Development 11–12 B. Implementation Measures

1. Perform Annual Outreach: Continue annual outreach to automobile dealership owners and the other top 10 sales tax revenue generators in the City of Dublin to offer City services and identify and resolve any relevant issues and concerns.

11.10 GOAL VI: ENHANCE HOTEL STAYS AND DEVELOPMENT
Goal VI: Enhance Hotel Stays and Development focuses on positioning the City of Dublin to benefit from ongoing efforts to attract a new multiuse venue in the Tri-Valley and continuing to promote the accessibility of Dublin’s hotels to businesses and Tri-Valley destinations.

11.10.1 LEVERAGE REGIONAL VENUE AND HOTEL ATTRACTION EFFORTS A. Policy

1. The City of Dublin shall continue collaboration with regional stakeholders like Visit Tri-Valley to attract a potential multiuse venue and new hotels that would capture visitation and commercial activity associated with the multiuse venue.

B. Implementation Measures

1. Identify Funding Sources and Financing Tools: Building on the Economic Development Strategy; maintain a “toolkit” of potential funding sources and financing mechanisms.

2. Identify Strategic Investments: Seek opportunities to make public investments that are likely to have positive economic development effects and advance private sector projects, as appropriate.

11.8.2 EXPLORE THE CREATION OF AN ECONOMIC DEVELOPMENT CORPORATION

A. Policy

1. An Economic Development Corporation (EDC) could be established to expand the City’s ability to invest in real estate ventures, potentially expediting downtown development activities through catalytic projects. The City should explore the potential for establishment of a local EDC in Dublin.

1. B. Collaborate with Visit Tri-Valley: Through ongoing collaboration with Visit Tri-Valley, determine potential opportunities for Dublin to attract a multiuse venue or determine ways the City of Dublin can support the venue’s construction and attract new hotels and hotel stays based on the venue’s operations.

11.10.2 MARKET DUBLIN AS A LOCATION FOR OVERNIGHT VISITORS A. Policy

1. The City of Dublin shall support and pursue growth of overnight visits and additional hotel development to support related tax revenues, spending at local businesses, and the employee accommodation needs of major businesses.
485
City of Dublin General Plan | Economic Development 11–13 B. Implementation Measures

1. Explore the EDC Concept: Identify and analyze the range of EDC business/financial and legal models that could be appropriate for the City of Dublin and advance the concept, as appropriate.

1. Convene Annual Meeting of Hospitality Stakeholders: Work with Visit Tri-Valley to convene an annual meeting of hotel owners and managers in Dublin to offer services, identify and address concerns, and learn about opportunities to promote the City’s hotels.

2. Promote Dublin: Continue collaboration with Visit Tri-Valley and advocate for promotion of Dublin’s hotels and new hotel development.
486
City of Dublin General Plan | Economic Development 11–14

11.11 GOAL VII: SUPPORT WORKFORCE OPPORTUNITIES
Goal VII: Support Workforce Opportunities prioritizes the support of workforce development services and commute access to jobs are readily available for the City of Dublin’s residents and workers.

11.11.1 LEVERAGE REGIONAL INITIATIVES
A. Policy

1. The City of Dublin shall continue to influence and leverage regional workforce and economic development organizations and initiatives to ensure workforce development and training services are available to Dublin residents and workers.

B. Implementation Measures

1. Build Regional Partnerships and Leverage Initiatives for Training and Workforce Development:

Maintain regular contact with and seek opportunities to connect and encourage collaboration between major employers and regional workforce and economic development organizations.

11.11.2 LEVERAGE REGIONAL TRANSPORTATION INITIATIVES
A. Policy

1. The City of Dublin shall support and achieve benefits from ongoing initiatives to expand and invest in transportation infrastructure.

B. Implementation Measures

1. Leverage New Commute Options: Consider and incorporate new worker commute access opportunities, such as the planned Valley Link rail project, as part of planning and business attraction efforts.
487
Reso. No. 24-08, Item 6.1, Adopted 12/10/2024 Page 1 of 2 RESOLUTION NO. 24 08

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF DUBLIN

RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT TO

UPDATE THE ECONOMIC DEVELOPMENT ELEMENT
PLPA-004079-2024
WHEREAS, the City Council adopted Resolution No. 54-13 approving a General Plan Amendment for the Revised General Plan and New Economic Development Element PLPA -2011- 00050 on April 16, 2013; and
WHEREAS, the Economic Development Element is informed and guided by the Economic Development Strategy; and
WHEREAS, the Economic Development Strategy, originally adopted in 2012, underwent an update and the City Council adopted Resolution No. 111-24 approving the Economic Development Strategy on October 1, 2024; and
WHEREAS, the update of the Economic Development Strategy warrants an update to the Economic Development Element ( Project ); and
WHEREAS, the California Environmental Quality Act ( CEQA ), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find that the proposed update to the Economic Development Element is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the update would not result in any physical changes and it can be seen with certainty that there is no possibility that the update would have a significant effect on the environment and is not subject to CEQA review; and WHEREAS, a Staff Report dated December 10, 2024, was submitted to the Planning Commission recommending approval of the proposed update to the Economic Development Element; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the Project on December 10, 2024, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did review and consider the Staff Report, recommendations, and testimony for this item and used its independent judgment prior to making a recommendation.

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

BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend City Council approval of a General Plan Amendment to update the Economic Development Element attached hereto as Exhibit A and incorporated herein by reference.

Attachment 4
488
Reso. No. 24-08, Item 6.1, Adopted 12/10/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 10th day of December 2024, by the following vote:

AYES: Aini, Grier, Rashid, and Tyler
NOES:

ABSENT: Wright and Ochoa
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST: _________________________________ Assistant Community Development Director 489
Update to the Economic
Development Element
January 14, 2025
490
Background
• October 1, 2024 – Approval of the updated Economic
Development Strategy.
– Seven goals with specific strategies, policies, action items, and implementation measures.
– Staff developed an in-progress work plan and will provide progress updates.
• December 10, 2024 – Planning Commission Approval of
updated Economic Development Element with comments.
491
Economic Development Element
• Foundation is the Economic Development Strategy
(Strategy).
• High-level summary of the Strategy and guidance for the General Plan.
• Consistent with and reflective of the Strategy.
• Mirrors and maintains the same goals, strategies, policies, and implementation measures as the Strategy.
492
Seven Adopted Goals
• Goal 1 – Innovation Growth.
• Goal 2 – Promote Infill Investment.
• Goal 3 – Greenfield Development.
• Goal 4 – Retail Vitality.
• Goal 5 – Hospitality Expansion.
• Goal 6 – Small Business Support.
• Goal 7 –Workforce Opportunities.
493
Economic Development Element
• Welcome Derek Braun with Strategic Economics.
• Questions?
494
Recommendation
Conduct the public hearing, deliberate, and adopt the Resolution Approving a General Plan Amendment to Update the Economic Development Element.
495

STAFF REPORT

CITY COUNCIL

Agenda Item 7.1
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Update on the Dublin Boulevard Extension Project and Agreement with GrayBowen-Scott for Project Management Services Prepared by: Pratyush Bhatia, Transportation and Operations Manager and Hazel Wetherford, Deputy City Manager
EXECUTIVE SUMMARY:

The City Council will receive an update on the Dublin Boulevard Extension Project, which will extend Dublin Boulevard approximately 1.5 miles eastward through unincorporated Alameda County and connect to North Canyons Parkway in Livermore, from its current terminus at Fallon Road. The City Council will also consider approving an agreement with Gray-Bowen-Scott for Project Management Services.

STAFF RECOMMENDATION:

Receive the report, adopt the Resolution Approving an Agreement with Gray-Bowen-Scott for Project Management Services, and approve the budget change.

FINANCIAL IMPACT:

The proposed agreement is for a not-to-exceed amount of $250,000 for project management services through June 30, 2028. The agreement will be funded by the Dublin Boulevard Extension Advance Reserve in the General Fund.

DESCRIPTION:

The last update to the City Council on the Dublin Boulevard Extension Project was provided at the March 21, 2023 meeting. Since then, mitigation and design work continued, as did collaboration with the Alameda County Bicycle and Pedestrian Advisory Committee (BPAC), which generated changes to the design and necessitated a contract amendment through Alameda County Transportation Commission (CTC). In addition, Dublin’s Measure II was passed by voters in November, which has some potential bearing on the funding of a portion of the road, as further 496

discussed below. The purpose of this Staff Report is to update the City Council on the current project schedule and next steps.

Background
The Dublin Boulevard Extension Project, which extends Dublin Boulevard from its current terminus at the intersection with Fallon Road to the intersection of North Canyons Parkway and Doolan Road in Livermore, has been planned since 1984. Dublin’s General Plan, the General Plans of Alameda County and Livermore, the Eastern Dublin Specific Plan, the Fallon Village Supplemental Environmental Impact Report, and Plan Bay Area 2040 all include the extension of Dublin Boulevard.

The City of Dublin is the project sponsor and is responsible for the project funding plan, schedule, and construction. Alameda CTC is the implementing agency for the final design phase of the project, and BKF Engineers is the design consultant retained by Alameda CTC to prepare the project plans. The City of Dublin, Alameda CTC, and the City of Livermore have been working in partnership on the project. On May 19, 2020, the City Council approved a Cooperative Agreement with Alameda CTC and the City of Livermore for the design phase (Resolution No. 38-20).

Project Status and Schedule Update
The updated schedule is provided in the below table, followed by discussions on various aspects of the project. Construction will begin once all funding is secured, right-of-way is acquired, and all resource agency permits are issued. Construction is anticipated to take 18 months to complete.

Table 1: Project Schedule Update (Estimated)
Project Milestone/Phase Start Date Anticipated Completion 95% Design In-process Summer 2025
Final Design Summer 2025 Fall 2026
Environmental Mitigation (RES) In Process Summer 2026
Environmental Permitting Summer 2025 TBD
Right of Way Summer 2025 Spring 2027
Construction TBD—Funding Dependent TBD
Contract Amendment
As part of the design review of the Project plans, Alameda CTC, Dublin, and BKF presented the project to the Alameda County BPAC in spring 2023. Through this process it was determined that revisions to the design were needed to address BPAC’s comments and ensure the project’s consistency with the 2022 Alameda County Bike Network guidelines. Additionally, Staff worked with the property owners in the Fallon East Economic Development Zone (EDZ) and recommended design revisions to accommodate access points and turn lanes on Dublin Boulevard to better coordinate with the development plans for those properties. The revisions to the design were extensive and required close collaboration with the Alameda County BPAC and Alameda CTC, and ultimately necessitated a contract amendment with BKF to address the modifications and revise the Plans, Specifications, and Estimates (PS&E) package for the project.

On September 26, 2024, Alameda CTC approved the amendment to BKF’s contract for an 497

additional $1.3 million (for a total not-to-exceed amount of $7.3 million), and a 15-month time extension to December 31, 2026.

Environmental Mitigation
Prior to the project moving into the construction phase, permits are needed from environmental resource agencies due to the project’s direct and indirect impacts on the environment. To receive permits, the project must mitigate these impacts. On February 7, 2023, the City Council approved an agreement with RES Environmental Operating Company, LLC for environmental mitigation services for the project (Resolution No. 09-23). The environmental mitigation task is in process but awaiting completion of the 95% design plans before submitting the mitigation package to the resource agencies.

Project Costs
The preliminary engineering level cost estimate for the entire project is currently $153.6 million, which includes right-of-way, environmental mitigation, and construction costs. Currently, this amount is anticipated to be divided among the cities of Dublin and Livermore based on the roadway length in each jurisdiction and the portion of the roadway in unincorporated Alameda County. It is expected that Dublin’s share will be approximately $126.1 million, and Livermore’s share will be approximately $27.5 million (this assumes that the last half mile of roadway remains County land). An updated cost estimate will be completed as part of the 95% PS&E.

Project Funding and EDTIF Advance
The City currently has identified approximately $76 million for the project, which comprises $63 million from the Eastern Dublin Traffic Impact Fee (EDTIF) program and the remainder in TriValley Transportation Development Fee funds. At the March 21, 2023 meeting, the City Council approved a plan to advance the EDTIF funds using internal funding sources. Under this plan, Staff established an Assigned Reserve in the General Fund, which serves as a cash flow advance from the General Fund to the EDTIF program. The General Fund will be reimbursed by the fee program as development occurs and fees are collected. The Assigned Reserve for the Dublin Boulevard Extension Advance has a current balance of $59.5 million with the remaining $3.5 million to be designated at the year end.

Staff will continue to evaluate federal, state, and local grant opportunities, and work with ACTC to identify funding sources for Dublin’s share of unfunded project costs.

Fallon East EDZ Property Owners
There are five property owners in the Fallon East EDZ with parcels adjacent to or south of the planned Dublin Boulevard extension. Staff continues to hold quarterly meetings with this group to provide updates on various topics, including changes to the project schedule, mitigation efforts for the roadway, the Valley Link project, and the status on development agreements. These meetings also serve as a forum to address any other topics raised for discussion. Staff most recently met with the group on December 12, 2024 to provide an update on the contract amendment with BKF and on Valley Link’s Notice of Availability of the Environmental Assessment that was released to the public for comment.

Ballot Measure II Update
498

The City Council placed the Dublin Traffic Relief, Clean Air/Open Space Preservation Measure (Measure II) on the November 5, 2024 ballot. Measure II was approved by the voters and the election was certified by the City Council on December 17, 2024. The Measure amended the General Plan in a manner that would allow future approval by the City Council for limited commercial development of 80 acres of property east of the city limits along the Dublin Boulevard extension.

A number of things would need to occur for the City to allow development of this area which is currently outside the City limits. This includes the City Council directing Staff to work with the Local Agency Formation Commission (LAFCO) to annex this land into the City of Dublin and prepare corresponding amendments to the General Plan and related zoning for this area. Staff would also communicate openly and work closely with the City of Livermore during that process, as it has during the project design phase.

It should be noted that should the land currently in unincorporated Alameda County be annexed into Dublin, the cost to construct the road extension would be entirely borne by Dublin. Limited commercial development along the last half mile of the extension contemplated with Measure II could provide an opportunity to offset certain costs associated with that portion of the road, including acquisition of right-of-way and mitigation lands. It could also generate a sustainable revenue source for ongoing road maintenance, create opportunities for new uses and services in the community, and bring new jobs to Dublin.

The City Council will discuss at a future meeting the implications of annexation. In the meantime, design of the roadway remains Staff’s primary focus. The City Council will receive another update when the 95% plans and updated cost estimate have been completed.

City Council Approval Needed Tonight
The Dublin Boulevard Extension Project is a transformative and highly complex infrastructure undertaking that has been in the planning stages for decades and involves multiple jurisdictions, agencies, and funding sources. Staff has worked diligently to advance the project, as evidenced by the coordination with ACTC, the City of Livermore, and various stakeholders. However, the sheer scale and complexity of the project necessitates project management services to ensure its timely and successful delivery. A dedicated consultant with expertise in managing multi-jurisdictional infrastructure projects will complement staff efforts by focusing exclusively on coordination, schedule adherence, and issue resolution.

Staff is seeking City Council approval to engage Gray-Bowens-Scott (GBS) for this work. This firm currently has staff members with extensive experience, technical expertise, and a proven track record in delivering projects of this scale. Additionally, bringing on a consultant to help assist the City with project management will enable Staff to focus on critical decision-making and broader strategic objectives.

The proposed agreement is for a not to exceed amount of $250,000 through June 30, 2028 for services based on time and materials. The scope of work includes project management and environmental mitigation coordination for the Project. Additional tasks that are on an as-needed basis include transportation planning/coordination, preparation of grant applications, 499

development of a full funding plan, and assisting the City with potential annexation in the future, including LAFCO coordination and district formation, should that be the direction the City pursues.

A Resolution approving the agreement with Gray-Bowen-Scott is included as Attachment 1.

STRATEGIC PLAN INITIATIVE:

Strategy 1: Economic Development, Small Business Support, and Downtown Dublin Objective C: Continue supporting the Fallon-East Economic Development Zone and associated agreements that effectuate the construction of the Dublin Boulevard extension.

Strategy 4. Inclusive and Effective Government
Objective A: Set reserves aside for major infrastructure investments which are key to the City’s economic future.

Strategy 5: Long-Term Infrastructure and Sustainability Investments Objective B: Focus on major street improvements to assist in improving safety and traffic movement, including Village Parkway, Tassajara Road, and the Dublin Boulevard extension.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this Staff Report was shared with the Fallon East property owners.

ATTACHMENTS:
1) Resolution Approving an Agreement Between the City of Dublin and Gray-Bowen-Scott for Project Management Services
2) Exhibit A to the Resolution – Consulting Services Agreement Between the City of Dublin and Gray-Bowen-Scott for Project Management Services
3) Budget Change
500
Attachment 1
Reso. No. XX-25, Item X.X, Adopted 1/14/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT

BETWEEN THE CITY OF DUBLIN AND

GRAY-BOWEN-SCOTT FOR PROJECT MANAGEMENT SERVICES
WHEREAS, the Dublin Boulevard Extension Project (Project), which extends Dublin Boulevard from its current terminus at the intersection with Fallon Road, to the intersection of North Canyons Parkway and Doolan Road in Livermore, has been planned since 1984; and WHEREAS, the new 1.5-mile extension will provide connections between Dublin and Livermore and enhance regional vehicular connectivity by extending the existing reliever route of Dublin Boulevard along the north side of I-580; and
WHEREAS, the Project is a transformative and highly complex infrastructure undertaking that has been in the planning stages for decades and involves multiple jurisdictions, agencies, and funding sources; and
WHEREAS, the City desires to enter into an Agreement with Gray-Bowen-Scott for a notto-exceed amount of $250,000 for project management services beginning January 14, 2025 through June 30, 2028; and
WHEREAS, the City’s Municipal Code Section 2.36.100 (4) provides an exception to competitive bidding, “When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost;” and
WHEREAS, the City has deemed Gray-Bowen-Scott a sole-source vendor as the project management services needed for the Dublin Boulevard Extension Project are highly complex and technical in nature and requires expertise in managing multi-jurisdictional infrastructure projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the consulting services agreement with Gray-Bowen-Scott, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the follow page}
501
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
502
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 1 of 15

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

GRAY-BOWEN-SCOTT
FOR

PROJECT MANAGEMENT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Gray-Bowen-Scott (“Consultant”) (together sometimes referred to as the “Parties”) as of January 14, 2025 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2028, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $250,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, the Agreement shall prevail.

City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner Attachment 2
Exhibit A to Resolution
503
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 2 of 15 set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
ƒ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ƒ The beginning and ending dates of the billing period; ƒ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
ƒ A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement;
o Hours must be logged in increments of tenths of an hour or quarter hour; o If this Agreement covers multiple projects, all hours must also be logged by project assignment; and
o A brief description of the work, and each reimbursable expense. ƒ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
ƒ The Consultant’s signature;
ƒ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and 504
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 3 of 15 the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above, either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services 505
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 4 of 15 required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
506
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 5 of 15 a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

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

Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
507
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 6 of 15 d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 Professional Liability Insurance.

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 508
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 7 of 15

4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

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

4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
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Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 8 of 15 ƒ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ƒ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ƒ Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.

With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.

Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.

Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 510
Consulting Services Agreement between City of Dublin and 01/14/2025 Gray-Bowen-Scott for Project Management Services Page 9 of 15 The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
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Consulting Services Agreement between City of Dublin and Gray-Bowen-Scott for Project Management Services
01/14/2025