Dublin City Council
July 15, 2025

July 15, 2025 Dublin City Council Regular Meeting Agenda 1

COUNCILMEMBERS Peter W. Snyder Council Chamber
Dr. Sherry Hu, Mayor Dublin Civic Center
Kashef Qaadri, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Michael McCorriston, Councilmember www.dublin.ca.gov
John Morada, Councilmember

Regular Meeting of the

DUBLIN CITY COUNCIL

Tuesday, July 15, 2025 Location: Peter W. Synder
Council Chamber
100 Civic Plaza
Dublin, CA 94568

CLOSED SESSION 6:00 PM
REGULAR MEETING 7:00 PM

Additional Meeting Procedures

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:

- Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, July 15, 2025. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.

- Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

- When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.

- Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.
1 July 15, 2025 Dublin City Council Regular Meeting Agenda 2

CLOSED SESSION

I. Public Employee Performance Evaluation
Title: City Manager

REGULAR MEETING

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Recognition of the Dublin Rotary for their Donation to the City of Dublin for Planting Trees
The City Council will recognize the Dublin Rotary for their recent donation of $2,000. The donation will be used to plant trees in the City of Dublin.

STAFF RECOMMENDATION:

Formally accept the donation and present a Certificate of Recognition to the donor.

Staff Report
Attachment 1 - Certificate of Recognition to Dublin Rotary

3.2 Employee Introductions
New City of Dublin staff members, Natalie Guerrero, Office Assistant II with Dublin Police Services, and Brittany Miranda, Office Assistant II with Community Development, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin staff members.

Staff Report

4. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

5. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

2 July 15, 2025 Dublin City Council Regular Meeting Agenda 3

5.1 Approval of June 17, 2025 Regular City Council Meeting Minutes The City Council will consider approving the minutes of the June 17, 2025 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the June 17, 2025 Regular City Council Meeting.

Staff Report
Attachment 1 -June 17, 2025 Regular City Council Meeting Minutes

5.2 Second Reading of an Ordinance Amending Chapter 4.04 (Business Registration) of the Dublin Municipal Code
The City Council will consider adopting an Ordinance amending Dublin Municipal Code Chapter 4.04, which governs the City’s business registration program. These updates are intended to improve clarity, enhance operational efficiency, and support a better customer experience for businesses. The City Council waived the first reading and introduced the Ordinance on June 17, 2025, and is now being asked to waive the second reading and adopt the Ordinance.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration.

Staff Report
Attachment 1 - Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration
Attachment 2 - Exhibit A to the Ordinance - Amendments to Section 4.04 of the Dublin Municipal Code, Related to Business Registration

5.3 Legislation/Housing Element Implementation – Zoning Ordinance Amendments (PLPA- 004154-2025)
On June 17, 2025, the City Council considered City -initiated amendments to the Zoning Ordinance to implement recent changes in state law and 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 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings). In addition, the proposed amendments include a new chapter, Chapter 8.49 (Low -Barrier Navigation Centers). On June 17, 2025, the City Council waived the first reading and introduced the Ordinance amending the Zoning Ordinance. The City Council is now requested to waive the second reading and adopt the proposed Ordinance.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter 8.49 (Low-Barrier Navigation Centers). 3 July 15, 2025 Dublin City Council Regular Meeting Agenda 4

Staff Report
Attachment 1 - Ordinance Approving Amendments to Dublin Municipal Code Attachment 2 - City Council Staff Report dated June 17, 2025 (without attachments)

5.4 Citywide Trash Capture Devices, CIP No. ST0121 – Approval of Plans and Specifications and Award of Contract to American Enviro Services, Inc.

The City Council will consider approving the plans and specifications and awarding a construction contract to American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No. ST0121. The project will install new and replace existing small trash capture devices in 86 storm drain inlets throughout the City.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No.

ST0121.

Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No.

ST0121
Attachment 2 - Exhibit A to Resolution - Agreement with American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No. ST0121
Attachment 3 - Exhibit B to Resolution - Citywide Trash Capture Devices Project Plans and Specifications
Attachment 4 - Bid Results
Attachment 5 - CIP No. ST0121

5.5 Citywide Bicycle and Pedestrian Improvements – Regional Street Crossing Project, CIP No. ST0517, and Downtown Dublin – Village Parkway Conduit Project, CIP No. PA0123 – Approval of Plans and Specifications and Award of Contract to Golden Bay Construction, Inc.

The City Council will consider approving the plans and specifications and awarding a construction contract to Golden Bay Construction Inc. for work that combines portions of the Citywide Bicycle and Pedestrian Improvements Project (CIP No. ST0517) and the Downtown Dublin Project (CIP No. PA0123). The contract provides for the installation of a new crosswalk with Rectangular Rapid Flashing Beacons, curb ramps, bulb outs, drainage improvements, and streetlight improvements on Regional Street, between Dublin Boulevard and Amador Valley Boulevard. The contract will also install a conduit on the northside of the intersection of Dublin Boulevard and Village Parkway for future electrical service for public art in the Village Parkway District of Downtown Dublin.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Golden Bay Construction, Inc. for the Citywide Bicycle and Pedestrian Improvements – Regional Street Crossing Project, CIP No. ST0517, and the Downtown Dublin – Village Parkway Conduit Project, CIP No. PA0123.

Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to Golden Bay Construction, Inc.

Attachment 2 - Exhibit A to the Resolution - Agreement with Golden Bay Construction, Inc. for CIP No. ST0517 and CIP No. PA0123
4 July 15, 2025 Dublin City Council Regular Meeting Agenda 5

Attachment 3 - Exhibit B to the Resolution - Regional Street Crossing and Village Parkway Conduit Project Plans and Specifications
Attachment 4 - Bid Results
Attachment 5 - CIP No. ST0517
Attachment 6 - CIP No. PA0123

5.6 Amendment to the Letter of Agreement with the Dublin San Ramon Services District for Continued Administration of the Sewer Capacity Assistance Program The City Council will consider approving an amendment to the Letter of Agreement with the Dublin San Ramon Services District for the continued administration of the Sewer Capacity Assistance Program. The amendment consolidates previous agreements and incorporates updated program terms and a 10-year extension of the program through June 30, 2035.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Amended Letter of Agreement with Dublin San Ramon Services District for the Continued Administration of the Sewer Capacity Assistance Program.

Staff Report
Attachment 1 - Resolution Approving the Amended Letter of Agreement with Dublin San Ramon Services District for the Continued Administration of the Sewer Capacity Assistance Program
Attachment 2 - Exhibit A to the Resolution - Amended Letter of Agreement for the Administration of Unused City of Dublin Wastewater Capacity

5.7 Annual Street Resurfacing - 2024 Overlay Project, CIP No. ST0117 and Persimmon Drive Pedestrian Path Rehabilitation Project, PK0123 – Acceptance of Work The City Council will consider accepting the Annual Street Resurfacing - 2024 Overlay Project and the Persimmon Drive Pedestrian Path Rehabilitation Project. The projects, which used the same contractor, removed and replaced existing concrete curb ramps, resurfaced a segment of Dublin Boulevard and John Monego Court, and rehabilitated the existing Persimmon Drive pedestrian path.

STAFF RECOMMENDATION:

Adopt the Resolution Accepting the Annual Street Resurfacing - 2024 Overlay Project, CIP No. ST0117 and the Persimmon Drive Pedestrian Path Rehabilitation Project, CIP No. PK0123.

Staff Report
Attachment 1 - Resolution Accepting the Annual Street Resurfacing - 2024 Overlay Project, CIP No. ST0117 and the Persimmon Drive Pedestrian Path Rehabilitation Project, CIP No.

PK0123
Attachment 2 - CIP No. ST0117
Attachment 3 - CIP No. PK0123

5.8 Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc, a new veterinary hospital located at 7667 Amador Valley Boulevard. This grant of $70,000 will be allocated for exterior improvements, including new horizontal siding, metal awnings at both entrances, updated paint for the siding and parapet, window upgrades, an entry door compliant with the Americans with Disabilities Act (ADA), refreshed landscaping with gravel, and new signs.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc. 5 July 15, 2025 Dublin City Council Regular Meeting Agenda 6

Staff Report
Attachment 1 - Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc Attachment 2 - Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc

5.9 Small Business Assistance Grant Program Agreements for The Sand Trapp and AVA Jiu Jitsu
The City Council will consider approving two separate Small Business Assistance Grant Program Agreements for The Sand Trapp and AVA Jiu Jitsu. The Sand Trapp, an indoor golf facility located at 7802 Dublin Boulevard, is requesting $28,000 for improvements related to the Americans with Disabilities Act (ADA) including an accessible restroom and exterior ramp. AVA Jiu Jitsu, a new martial arts studio at 7236 San Ramon Road, is requesting $23,930 for ADA upgrades, sewer connection fees, and design-related costs. The Program supports business openings and the activation of long-vacant spaces through reimbursement-based grants.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Small Business Assistance Grant Program Agreement Between the City of Dublin and The Sand Trapp, and a Small Business Assistance Grant Program Agreement Between the City of Dublin and AVA Jiu Jitsu.

Staff Report
Attachment 1 - Resolution Approving a Small Business Assistance Program Agreement Between the City of Dublin and The Sand Trapp, and a Small Business Assistance Program Agreement Between the City of Dublin and AVA Jiu Jitsu
Attachment 2 - Exhibit A to the Resolution - Small Business Assistance Grant Program Agreement Between the City of Dublin and The Sand Trapp Attachment 3 - Exhibit B to the Resolution - Small Business Assistance Grant Program Agreement Between the City of Dublin and AVA Jiu Jitsu

5.10 Mayor’s Appointment to Heritage and Cultural Arts Commission and Senior Center Advisory Committee Unscheduled Vacancies
The City Council will consider the Mayor’s appointments to fill an unscheduled vacancy on the Heritage and Cultural Arts Commission and an unscheduled vacancy on the Senior Center Advisory Committee.

STAFF RECOMMENDATION:

Confirm the Mayor’s appointment of Jackson Berg to the Heritage and Cultural Arts Commission unscheduled vacancy for the remainder of a term ending December 2028 and Michael Goldstein to the Senior Center Advisory Committee unscheduled vacancy for the remainder of a term ending December 2026.

Staff Report
Attachment 1 - Heritage and Cultural Arts Commission Applications Attachment 2 - Senior Center Advisory Committee Applications

5.11 Payment Issuance Report and Electronic Funds Transfer The City Council will receive a listing of payments issued from June 1, 2025 – June 30, 2025, totaling $8,726,432.28.

STAFF RECOMMENDATION:

Receive the report.

Staff Report
6 July 15, 2025 Dublin City Council Regular Meeting Agenda 7

Attachment 1 - Payment Issuance Report for June 2025

5.12 Appointments to the City Council 2025 Ad-Hoc Audit Review Committee The City’s independent auditor, Badawi and Associates, has commenced the field work necessary to complete the Annual Comprehensive Financial Report for year ending June 30, 2025. The City Council will consider the establishment of an Ad-Hoc Committee consisting of two members of the City Council who will review the audit process and final report with the auditors.

STAFF RECOMMENDATION:

Confirm the Mayor’s recommendation, which includes her own appointment along with Councilmember Morada, to the 2025 Ad-Hoc Audit Review Committee.

Staff Report

6. PUBLIC HEARING

6.1 Assembly Bill 562 (2013) Final Outcome Report on Economic Development Subsidy Provided to Regency Village at Dublin, LLC (Regency Centers) The City Council will hold a required public hearing to receive comments on the conclusion and final reporting period of the economic development business incentive, Sewer Capacity Assistance Program, with Regency Village at Dublin, LLC (Regency Centers).

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and accept the report.

Staff Report
Attachment 1 - 2025 Report on Economic Development Subsidy Provided to Regency Village at Dublin, LLC (Regency Centers)

6.1 - PowerPoint Presentation

7. UNFINISHED BUSINESS – None.

8. NEW BUSINESS – None.

9. CITY MANAGER AND CITY COUNCIL REPORTS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT

This AGENDA is posted in accordance with Government Code Section 54954.2(a)

If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.

7 July 15, 2025 Dublin City Council Regular Meeting Agenda 8

Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.

Mission

The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion.

8 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Recognition of the Dublin Rotary for their Donation to the City of Dublin for Planting Trees
Prepared by: Cierra Fabrigas, Executive Aide

EXECUTIVE SUMMARY:

The City Council will recognize the Dublin Rotary for their recent donation of $2,000. The donation will be used to plant trees in the City of Dublin.

STAFF RECOMMENDATION:

Formally accept the donation and present a Certificate of Recognition to the donor.

FINANCIAL IMPACT:

Upon acceptance of the donation, Staff will reflect the $2,000 in the Fiscal Year 2024-25 revenue and expenditure budgets in the Public Works Department and will carry that amount into Fiscal Year 2025-26 for use in planting trees.

DESCRIPTION:

In June of 2025, the Dublin Rotary donated $2,000 to the City of Dublin to plant new trees. The City Council will accept the donation and present a Certificate of Recognition to the Dublin Rotary.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

9

ATTACHMENTS:

1) Dublin Rotary Certificate of Recognition
10 Attachment 1

CERTIFICATE OF RECOGNITION

Presented to the

DUBLIN ROTARY

In Special Recognition and Appreciation for Your Generous Donation of $2,000 Supporting Tree Planting.

Presented by the

City Council of the City of Dublin
July 15, 2025

Mayor Sherry Hu Vice Mayor Kashef Qaadri

_______ __________________
Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 11 STAFF REPORT

CITY COUNCIL

Agenda Item 3.2
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Employee Introductions
Prepared by: Sarah Monnastes, Human Resources Director

EXECUTIVE SUMMARY:

New City of Dublin staff members, Natalie Guerrero, Office Assistant II with Dublin Police Services, and Brittany Miranda, Office Assistant II, with Community Development, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin staff members.

FINANCIAL IMPACT:

None.

DESCRIPTION:

New City of Dublin staff members, Natalie Guerrero, Office Assistant II with Dublin Police Services, and Brittany Miranda, Office Assistant II, with Community Development, will be introduced.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
12 STAFF REPORT

CITY COUNCIL

Agenda Item 5.1

EXECUTIVE SUMMARY:

The City Council will consider approving the minutes of the June 17, 2025 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the June 17, 2025 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approving the minutes of the June 17, 2025 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) June 17, 2025 Regular City Council Meeting Minutes

DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Approval of June 17, 2025 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
13 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

Regular Meeting: June 17, 2025

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings

CLOSED SESSION 6:30 PM

I. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Dublin v. Brad Benson Motorsports Corporation, et al., Alameda County Superior Court Case No. 23CV045872

REGULAR MEETING 7:00 PM

Mayor Hu stated she was participating remotely via teleconference. Pursuant to Government Code §54953(b), the meeting location was posted on the agenda and the agenda was posted at the teleconference location 72 hours before the meeting. All votes during the teleconference session will be conducted by roll call vote.

Mayor Hu handed the gavel to Vice Mayor Qaadri to chair the meeting from inside the City Council Chamber.

A Regular Meeting of the Dublin City Council was held on Tuesday, June 17, 2025, in the Peter W. Snyder Council Chamber. The meeting was called to order at 7:06 PM, Vice Mayor Qaadri.

1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Attendee Name Status
Dr. Sherry Hu, Mayor Present (Via Zoom)
Kashef Qaadri, Vice Mayor Present
Jean Josey, Councilmember Present
Michael McCorriston, Councilmember Present
John Morada, Councilmember Present

2) REPORT ON CLOSED SESSION

Vice Mayor Qaadri reported there was no reportable action out of Closed Session.

Attachment 1
14 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

3) PRESENTATIONS AND PROCLAMATIONS

3.1) Update from Three Valleys Community Foundation

The City Council received an update from Kelly Bowers, Ed.D., CEO and President of Three Valleys Community Foundation.

3.2)

Employee Introduction

New City of Dublin Staff member, Clement Lui, Summer Intern with Information Systems, was introduced.

4) PUBLIC COMMENT

Tom Evans provided public comment.

Mike Grant provided public comment.

Shubha Kandukoori provided public comment.

Jeanine Gillengerten provided public comment.

Guy Houston provided public comment.

5) CONSENT CALENDAR

5.1) Approved June 3, 2025 Regular City Council Meeting Minutes.

5.2) Adopted Resolution No. 46-25 titled, “Approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for City Access Through BART-Owned Property, Assessor’s Parcel Number 941-0550-023-03.”

5.4) Waived the reading and introduced an Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration.

5.6) Adopted Resolution No. 50-25 titled, “Approving Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services.”

5.7) Adopted Resolution No. 51-25 titled, “Approving an Agreement with SCA of CA, LLC for Street Sweeping Services.”

5.9) Adopted Resolution No. 53-25 titled, “Approving an Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services.”
15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

5.10) Adopted Resolution No. 54-25 titled, “Approving the Plans and Specifications and Awarding a Contract to Granite Construction Company for the Dougherty Hills Open Space Slide and Trail Repair Project, CIP No. GI0221, FEMA Project No. 716372”; Resolution No. 55-25 titled, “Approving the Plans and Specifications and Awarding a Contract to Granite Construction Company for the Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project, CIP No. GI0221, FEMA Project No. 733034”; and approved the budget change.

5.11) Adopted Resolution No. 56-25 titled, “Approving the First Amendment to Contractor Services Agreement Between the City of Dublin and All City Management Services, Inc.”

5.13) Confirmed the Mayor’s Appointment of Councilmember Josey as the City of Dublin delegate for the 2025 Association of Bay Area Governments General Assembly.

5.14) Adopted Resolution No. 58-25 titled, “Adopting an Appropriations Limit for Fiscal Year 2025-2026.”

5.15) Received the report of payments issued from May 1, 2025 – May 31, 2025, totaling $22,110,296.26.

5.16) Adopted Resolution No. 45-25 titled, “Amending the Schedule of Service Rates for Integrated Solid Waste Services.”

5.18) Adopted Resolution No. 60-25 titled, “Approving the Second Amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. for Grant Strategy and Writing Services.”

On a motion by Councilmember Josey, seconded by Councilmember McCorriston, and by unanimous roll call vote, the City Council adopted the Consent Calendar, except for items 5.3, 5.5, 5.8, 5.12, and 5.17.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri, Morada

5.3) Adopted Resolution No.47-25 titled, “Approving a Fourth Amendment to the Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.”; Resolution No. 48-25 titled, “Approving a Third Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services”; and approved the budget change.
16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

This item was pulled from the consent calendar by Councilmember Morada for clarifying questions.

5.5) Adopted Resolution No. 49-25 titled, “Approving the Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre Development.”

This item was pulled from the consent calendar by Councilmember Morada for clarifying questions.

5.8) Adopted Resolution No. 52-25 titled, “Approving Agreement with Universal Building Services and Supply Co. for Carpet and Window Cleaning Services.”

This item was pulled from the consent calendar by Councilmember Josey for clarifying questions.

5.12) Adopted Resolution No. 57-25 titled, “Approving the Agreement with Casey Printing for Printing and Bulk Mail Preparation Services.”

This item was pulled from the consent calendar by Vice Mayor Qaadri for clarifying questions.

By consensus, the City Council directed Staff to look at including key performance metrics in future agreements with vendors.

On a motion by Councilmember Josey, seconded by Councilmember McCorriston, and by unanimous roll call vote, the City Council adopted the Consent Calendar items 5.3,

5.5, 5.8, and 5.12.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri, Morada

5.17) Adopted Resolution No. 59-25 titled, “Authorizing a Special Designation of General Fund Committed Reserves for Fiscal Year 2024-25 and confirm changes to General Fund Assigned Reserves.”

This item was pulled from the Consent Calendar for discussion.

On a motion by Councilmember Josey, seconded by Councilmember McCorriston, and by a four-to-one roll call vote, the City Council adopted the Consent Calendar item 5.17.

17 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

RESULT: ADOPTED [4-1]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri
NOES: Morada

6) PUBLIC HEARING

6.1) Legislation/Housing Element Implementation – Zoning Ordinance Amendments (PLPA-004154-2025)

The City Council received a presentation regarding City-initiated amendments to the Zoning Ordinance to implement recent changes in state law and certain programs of the General Plan Housing Element.

Vice Mayor Qaadri opened the Public Hearing. Upon receiving no public comment Vice Mayor Qaadri closed the Public Hearing.

On a motion by Councilmember McCorriston, seconded by Councilmember Josey, and by unanimous roll call vote, the City Council waived the reading and introduced an Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter 8.49 (Low-Barrier Navigation Centers), with corrections as presented by Staff.

RESULT: INTRODUCED [UNANIMOUS]
MOVED BY: Michael McCorriston, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri, Morada

7) UNFINISHED BUSINESS

7.1)

Proposed Fiscal Year 2025-26 Budget

The City Council received a presentation regarding the Proposed Budget for Fiscal Year 2025-26 and related salary plans.

Vice Mayor Qaadri opened the public comment period. Upon receiving no public 18 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

comment, Vice Mayor Qaadri closed the public comment period.

On a motion by Councilmember McCorriston, seconded by Councilmember Josey, and by unanimous roll call vote, the City Council adopt Resolution No. 61-25 titled, “Adopting a Budget for the City of Dublin for Fiscal Year 2025-26”; Resolution No. 62-25 titled, “Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules”; Resolution No. 63-25 titled, “Establishing a Salary Plan for Management Positions Exempt from Competitive Services”; and Resolution No. 64-25 titled, “Amending the Classification Plan.”

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Michael McCorriston, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri, Morada

7.2)

Five-Year Capital Improvement Program 2024-2029 Update

The City Council received a presentation regarding proposed updates to the Five-Year Capital Improvement Program 2024-2029, which includes capital project funding from Fiscal Year 2024-25 through Fiscal Year 2028-29.

Vice Mayor Qaadri opened the public comment period.

Guy Houston provided public comment.

Vice Mayor Qaadri closed the public comment period.

On a motion by Councilmember Josey, seconded by Councilmember Morada, and by unanimous roll call vote, the City Council adopted Resolution No. 65-25 titled, “Adopting the Five-Year Capital Improvement Program 2024-2029 Update.”

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: John Morada, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri, Morada

Vice Mayor Qaadri called for a break at 9:24 PM.

Vice Mayor Qaadri reconvened the meeting at 9:30 PM.

8) NEW BUSINESS

8.1) 2025 Dublin Community Survey

19 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 17, 2025

The City Council received a presentation on the results from the 2025 Dublin Community Survey.

9) CITY MANAGER AND CITY COUNCIL REPORTS

The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234).

By consensus, the City Council directed Staff to bring a report back to a future meeting regarding the cost to the City for services related to safe and sane fireworks.

10) ADJOURNMENT

Vice Mayor Qaadri adjourned the meeting at 10:46 PM.

Mayor
ATTEST:

City Clerk

20 STAFF REPORT

CITY COUNCIL

Agenda Item 5.2
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Second Reading of an Ordinance Amending Chapter 4.04 (Business Registration) of the Dublin Municipal Code
Prepared by: Felicia Escover, Economic Development Manager

EXECUTIVE SUMMARY:

The City Council will consider adopting an Ordinance amending Dublin Municipal Code Chapter 4.04, which governs the City’s business registration program. These updates are intended to improve clarity, enhance operational efficiency, and support a better customer experience for businesses. The City Council waived the first reading and introduced the Ordinance on June 17, 2025, and is now being asked to waive the second reading and adopt the Ordinance.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
On June 17, 2025, the City Council waived the reading and introduced an ordinance (Attachment 1) to amend Chapter 4.04 of the Dublin Municipal Code. The proposed ordinance updates to Chapter 4.04 of the Dublin Municipal Code are part of a broader effort to modernize and streamline the City’s Business Registration Program. These changes align with the City Council’s adopted Economic Development Strategy and follow the transition to a new business license software platform administered by HdL Companies.

Following a comparative review of other jurisdictions and input from HdL, the ordinance amendments aim to:
21

 Transition to an anniversary-based renewal cycle.
 Maintain full annual fees regardless of registration date.  Implement a simplified, flat penalty structure.
 Clarify and limit exemption categories to those required by law.

Additional revisions proposed by Staff include updated definitions, expanded enforcement provisions, and clearer processes for revocation and amendments. Together, these updates are intended to improve clarity, consistency, and ease of administration, while supporting a more business-friendly environment. If adopted, Staff will implement the changes in coordination with HdL, update related procedures and materials, and notify impacted businesses to ensure a smooth transition.

STRATEGIC PLAN INITIATIVE:

Strategy 1: Economic Development, Small Business Support, and Downtown Dublin.

Objective A: Support the implementation of the 2024 Economic Development Strategy, including pursuing growth industries.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration
2) Exhibit A to the Ordinance – Amendments to Section 4.04 of the Dublin Municipal Code, Related to Business Registration
22 Attachment 1
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 ORDINANCE NO. XX – 25

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING SECTION 4.04 OF THE DUBLIN MUNICIPAL CODE, RELATED TO BUSINESS

REGISTRATION

WHEREAS, the City of Dublin requires all businesses operating within its jurisdiction to register in accordance with Chapter 4.04 of the Dublin Municipal Code; and

WHEREAS, the City administers its Business Registration Program through the Office of Economic Development, including registrations for commercial businesses, home occupations , massage establishments, and out-of-city businesses operating within Dublin; and

WHEREAS, on February 18, 2025, the City Council approved a Contractor Services Agreement with Hinderliter de Llamas & Associates (HdL ) for business license software and administration services to replace the Energov Permitting and Licensing (EP&L) system, which had presented administrative and user experience challenges; and

WHEREAS, City staff and HdL conducted a comprehensive review of Dublin Municipal Code Chapter 4.04 to identify policy updates and process improvements that align with the City's new software system, modernize operations, and enhance service delivery; and

WHEREAS, the recommended amendments improve clarity, increase operational efficiency, and align the business registration program with best practices used in other jurisdictions; and

WHEREAS, the proposed amendments are consistent with Goal 6 of the City Council - adopted Economic Development Strategy to strengthen startup and growth opportunities for small businesses by pursuing improvements to City processes.

NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:

Section 1. Chapter 4.04 of the Dublin Municipal Code is hereby amended to revise the City’s Business Registration requirements as shown in Exhibit A.

Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption.

Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

[Signatures on the following page]

23 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2

PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

24 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION

Chapter 4.04

BUSINESS REGISTRATION
Sections:

4.04.010 Purpose—Authority.

4.04.020 Definitions.

4.04.030 Registration fees—Limitations on effect of license.

4.04.040 Provisions not exclusive.

4.04.050 Business registration fee required—Exceptions.

4.04.060 Exemptions—Generally.

4.04.190 Evidence of doing business.

4.04.200 Branch establishments—Separate licenses.

4.04.205 Master license—Festival organizers.

4.04.210 License—Contents—Issuance conditions.

4.04.220 Application—First license.

4.04.225 Application—Amendments.

4.04.230 Application—Renewal license.

4.04.240 Payment—Time and method.

4.04.250 Business registration fee.

4.04.270 Denial and Revocation of license—Grounds.

4.04.280 Transferability—Change of ownership or location.

4.04.300 Posting and display of licenses.

4.04.310 Collector’s powers—Filing deadline.

4.04.320 Business registration fee—Penalty.

4.04.330 Doing business without license does not waive requirements.

4.04.340 Enforcement authority—Inspection of premises.

4.04.350 Appeal procedure.

4.04.360 Violations—Infraction.

4.04.370 Violation—Remedies cumulative.

4.04.380 First license required by October 1, 1990.

4.04.010 Purpose—Authority.

This chapter is enacted to register businesses, trades, occupations and professions in the city of Dublin solely for the purpose of regulation and is enacted pursuant to Business and Professions Code Sections 460 and 16000 an d California Constitution Article XI, Section 7. (Ord. 10-90 § 1)

4.04.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:
“Business” means and includes professions, trades and occupations, and all and every kind of ca lling, whether or not carried on for profit.
“City” means the city of Dublin, a municipal corporation of the state of California. “Collector” means the Finance Director or any other person the City Manager may designate to administer the business registration program.
“Engaging in business” means commencing, conducting or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
“Person” and “persons” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, trusts, societies and individuals acting and carrying on any business in the city, other than as an employee. “Person” and “persons” shall also include the operator of a festival, fair, farmers’ market or similar event for which one person (the “organizer”) obtains required permits and licenses Attachment 2
Exhibit A to the Ordinance
25 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION

and which includes other persons who sell or offer to sell goods and/or food at the event (“purveyors”) through contract with the organizer or otherwise. (Ord. 11-20 § 2: Ord. 10-98 § 1; Ord. 10-90 § 2)

4.04.030 Registration fees—Limitations on effect of license.

The terms “license” and “registration,” as used herein, shall not be construed to mean a permit. The fees prescribed by Section 4.04.210 of this chapter do not constitute a tax for revenue purposes, but are regulatory fees. The payment of a business registration fee required by this chapter and its acceptance by the city, and the issuance of such license to any person, shall not entitle the holder thereof to carry on any business unless he or she has complied with all of the requirements of this chapter and all other applicable laws, nor to carry on any business in any building or any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. (Ord. 10 -90 § 3)

4.04.040 Provisions not exclusive.

Persons required to pay a business registration fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license fee or permit for the privilege of doing such business required under any other ordinance of the city, and shall remain subject to the regulatory provisions of other ordinances. (Ord. 10-90 § 4)

4.04.050 Business registration fee required—Exceptions.

A. There are imposed upon the businesses, trades, professions, calling and occupations specified in this chapter business registration fees in the amounts set forth in Section 4.04.250. It is unlawful for any person to transact, carry on and/or engage in any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so and paying the prescribed business registration fee, and without complying with any and all applicable provisions of this chapter.

B. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless are encouraged to comply with the reporting requirements of this chapter as set forth in Section 4.04.220. (Ord. 10 -90 § 5)

4.04.060 Exemptions—Generally.

A. Any person claiming an exemption shall submit to the Collector, upon a form provided by the Collector, a request for such exemption and statement of the facts upon which exemption is claimed, and in the absence of such request and statement substantiating the claim, such person shall be liable for the paym ent of the fees imposed by this chapter. (Ord. 11-20 § 3: Ord. 10-90 § 6)
B. Any business that is exempt from business license fees or local regulatory licensing under federal or state law shall be exempt from local business registration fees that would otherwise apply under this program.

4.04.190 Evidence of doing business.

When any person makes use of signs, circulars, cards, telephone books or newspapers, websites, social media platforms, and advertises, holds out or represents that he or she is in busi ness in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by an affidavit sworn to before a person authorized to take oaths or a declaration or certificate under penalty of perjury given to the Collector that he or she is conducting a business in the city, after being requested to do so by the Collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city. (Ord. 11-20 § 4: Ord. 10-90 § 19)

4.04.200 Branch establishments—Separate licenses.

A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments, and provided further that only one (1) license is required for the rental or lease of real property within the city regardless of the number of locations or units of real property being rented or leased. (Ord. 12 -91 § 2) 26 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION

4.04.205 Master license—Festival organizers.

The organizer of a festival, fair, farmers’ market or similar event shall obtain a master license for himself and all purveyors of goods and/or food who will participate in the event. No individual purveyors shall be required to obtain a separate license. (Ord. 10-98 § 2)

4.04.210 License—Contents—Issuance conditions.

Every person required to have a license under the provisions of this chapter shall make application as hereinafter prescribed for the same to the Collector, and upon the payment of the prescribed business registration fee, the Collector shall issue to such person a license, which shall contain the following information:

A. The name of the person to whom the license is issued; B. The name of the business licensed;
C. The place where such business is to be transacted and carried on; D. The date of the expiration of such license; and
E. Such other information as may be necessary for the enforcement of the provisions of this chapter. (Ord. 10 -90 § 21)

4.04.220 Application—First license.

A. Upon a person making application for the first license to be issued under this chapter, or for a newly established business, such person shall furnish to the Collector, upon a form provided by the Collector, the following information:

1. The exact nature or kind of business for which a license is requested;

2. The place where such business is to be carried on, along with all required documentation confirming approval to operate at that site, and if the business is not to be conducted at a permanent place of business, the residential addresses of the business owners shall also be provided;

3. In the event that application is made for issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of business of those owning the business;

4. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of business of the officers or partners thereof;

5. For established and operating businesses: the daily average number of employees employed in furtherance of the business being licensed during the ninety (90) day period preceding the date of application. For new businesses:
the daily average number of employees anticipated to be employed to conduct the business during the ninety (90) day period following the date of the application;

6. In the event the application is made for issuance of a master license to a festival organizer, the application shall set forth the names and addresses of all purveyors, and the goods and/or food to be purveyed;

7. Any further information which the Collector may require to enable him or her to issue the license.

B. The Collector shall not issue to any such person another license for the same or any other business until such person has furnished to him or her the information required by subsection A of this section and paid the business registration fee as herein required. (Ord. 11-20 § 5: Ord. 10-98 § 3; Ord. 10-90 § 22) 27 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION

4.04.225 Application—Amendments.

A. If any information provided in the application filed with the city changes, or if the business ceases operations, the applicant shall report these changes to the city within seven days of such changes or cessation..

B. Amendments shall not be used to change the business location or ownership. Any such changes must follow the procedures outlined in Section 4.04.280.

4.04.230 Application—Renewal license.

A. The applicant for the renewal of a license shall submit to the Collector, on or before the expiration date of the license, the applicable renewal fee and, on a form provided by the Collector, the information described in Section

4.04.220. (Ord. 11-20 § 6: Ord. 10-90 § 23)
B. All licenses shall be valid through the last day of the month preceding the one-year anniversary of the date of issuance, unless revoked, suspended, or otherwise subject to a different expiration period under the terms of the individual license.

4.04.240 Payment—Time and method.

Unless otherwise specifically provided, all annual business registration fees under the provisions of this chapter shall be due and payable in advance on the first day of October of each year. (Ord. 10 -90 § 24)

4.04.250 Business registration fee.

The business registration fees, which are found to be commensurate with the cost of issuance of the license, shall be as fixed by the City Council by resolution. (Ord. 2-18 § 1(A): Ord. 10-98 § 4: Ord. 10-90 § 25)

4.04.270 Denial and Revocation of license—Grounds.

A business license may be denied or revoked by the Collector for any of the following causes:

A. The application is incomplete, not submitted on the required form, or contains materially false information; B. The applicant or licensee has failed to comply with the requirements of this chapter or other applicable provisions of the Dublin Municipal Code, including but not limited to zoning, land use, or building regulations ; C. The business premises or associated vehicle is unsafe, inadequate, or noncompliant with applicable laws or codes;
D. The applicant or licensee has outstanding administrative citations or unresolved code violations ; E. The business would interfere with or unreasonably obstruct the free flow of vehicular traffic, or with other means of travel on any public street, or with pedestrian traffic on the sidewalks; F. Required permits from the City or other agencies have not been obtained; or G. The proposed or ongoing business activity violates local, state, or federal law or will interfere with the preservation of the public peace, health, safety or welfare of the public. (Ord. 10 -90 § 27)

4.04.280 Transferability—Change of ownership or location.

No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. Provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section, provided application is made for transfer of the license and a fee to the Collector in an amount as fixed by the City Co uncil by resolution. (Ord. 2-18 § 1(C): Ord. 12-91 § 3; Ord. 10-90 § 28)

4.04.300 Posting and display of licenses.

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. 28 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION

B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person or in the vehicle used for the business at all times while transacting and carrying on the business for which it is issued. (Ord. 10-90 § 30)

4.04.310 Collector’s powers—Filing deadline.

A. In addition to all other power conferred upon him, the Collector shall have the power, for goo d cause shown, to extend the time for filing any required application for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued.

B. For the purposes of regulation under this chapter, the Collector shall also have the power to determine whether or not a person is engaged in business in the city when such question arises as a result of an occasional or a single isolated transaction during the course of one (1) or more calendar years. (Ord. 11 -20 § 7: Ord. 10-90 § 31)

4.04.320 Business registration fee—Penalty.

A. A penalty of twenty-five percent (25%) of the unpaid business registration fee shall be added for each month or portion thereof that the fee remains unpaid, beginning thirty (30) days after the license’s expiration date. Penalties shall continue to accrue monthly at this rate, up to a maximum total penalty equal to one hundred percent (100%) of the original registration fee.

B. In addition, on the first day of each month that the registration fee remains unpaid, interest in the amount of

1.5% of the delinquent amount excluding penalties and previously accrued interest shall be added to the amount due.

C. The amount of any business registration fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city but may be reduced or waived, in the discretion of the Collector or on appeal, where appropriate. An action may be commenced in the name of the city in any court of competent jurisdiction for collection of such amounts. (Ord. 12-91 § 6)

4.04.330 Doing business without license does not waive requirements.

The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter. (Ord. 10 -90 § 33)

4.04.340 Enforcement authority—Inspection of premises.

A. It shall be the duty of the Collector, and they are hereby directed, to enforce each and all of the provisions of this chapter, and Collector or designees shall render such assistance in the enforcement hereof as may from time to time be required by the Collector.

B. The Collector, in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with. Absent consent to enter the premises, the Collector shall request the City Attorney to obtain the necessary judicial authority for entry and inspection.

C. The Collector, and each and all of their designees and peace officers shall have the power and authority (upon obtaining an inspection warrant therefor) to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license. Any person having such license theretofore issued, in his or her possession or under control, who willfully fails to exhibit the same on demand, is guilty of an infraction, and subject to the penalties provided for by the provisions of this c hapter. (Ord. 12-91 § 5; Ord. 10-90 § 34)

4.04.350 Appeal procedure.

Any person aggrieved by any decision of the Collector with respect to the issuance, refusal, or revocation of such license may appeal to the City Manager pursuant to the provisions of Section 1.04.050 of this code. (Ord. 10-90 § 35)

4.04.360 Violations—Infraction.

Violation of the provisions of this chapter shall be an infraction. Upon determination by the Collector or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an 29 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION

administrative citation that may result in administrative fines in accordance with Chapter 1.06 of the Dublin Municipal Code. (Ord. 10-90 § 36)

4.04.370 Violation—Remedies cumulative.

All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 10 -90 § 37)

4.04.380 First license required by October 1, 1990.

Notwithstanding the provisions of Sections 4.04.240 and 4.04.260, no license shall be required under this chapter and no business registration fee shall be due until October 1, 1990. (Ord. 10 -90 § 39) 30 STAFF REPORT

CITY COUNCIL

Agenda Item 5.3
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Legislation/Housing Element Implementation – Zoning Ordinance Amendments (PLPA-004154-2025)
Prepared by: Kristie Wheeler, Special Projects Manager

EXECUTIVE SUMMARY:

On June 17, 2025, the City Council considered City-initiated amendments to the Zoning Ordinance to implement recent changes in state law and 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 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter

8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings). In addition, the proposed amendments include a new chapter, Chapter 8.49 (Low-Barrier Navigation Centers). On June 17, 2025, the City Council waived the first reading and introduced the Ordinance amending the Zoning Ordinance. The City Council is now requested to waive the second reading and adopt the proposed Ordinance.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter 8.49 (Low-Barrier Navigation Centers).

31

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City has initiated amendments to the Zoning Ordinance to ensure that it complies with state law and provides timely and effective implementation 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 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings). The proposed amendments also include the addition of a new chapter, Chapter 8.49 (Low-Barrier Navigation Centers).

On June 17, 2025, the City Council waived the first reading and introduced the Ordinance approving the proposed Zoning Ordinance Amendments as provided in Attachment 1. The June 17, 2025 City Council staff report is included as Attachment 2. The City Council will now consider adopting the Ordinance.

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.

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.

32

ATTACHMENTS:

1) Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter

8.49 (Low-Barrier Navigation Centers)
2) City Council Staff Report dated June 17, 2025 (without attachments) 33 Attachment 1

Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 13 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 8.36 (DEVELOPMENT REGULATIONS), CHAPTER 8.38 (REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES), CHAPTER 8.64 (HOME OCCUPATIONS REGULATIONS), CHAPTER 8.68 (INCLUSIONARY ZONING REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.81 (SB 9 UNIT DEVELOPMENTS), CHAPTER 8.104 (SITE DEVELOPMENT REVIEW), CHAPTER 8.116 (ZONING CLEARANCE) AND CHAPTER 8.132 (NOTICE AND HEARINGS), AND THE ADDITION OF CHAPTER 8.49 (LOW-

BARRIER NAVIGATION CENTERS)
(PLPA-004154-2025)

The Dublin City Council does ordain as follows:

SECTION 1. RECITALS

A. 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.

B. Staff has initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter

8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off - Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings). In add ition, the proposed amendments include a new chapter, Chapter 8.49 (Low - Barrier Navigation Centers). The proposed amendments (the “Project”) would implement recent changes in state law and certain programs contained in the General Plan Housing Element.

C. The Project would implement Assembly Bill (AB) 626, Senate Bill (SB) 450, AB 2085 and AB 2904.

In addition, the Project would implement General Plan Housing Element Programs B.4:

Inclusionary Zoning Regulations, E.3: Reasonable Accommodations, E.4: Low-Barrier Navigation Centers, and E.6: Farmworker and Employee Housing.

D. The Planning Commission held a duly noticed public hearing on May 27, 2025, during which all interested persons were heard, and adopted Resolution No. 25-02 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 June 17, 2025, at which time all interested persons had an opportunity to be heard.
34 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 13

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

H. The City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgement 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 Zoning Ordinance Amendments are necessary to comply with state law and implement programs identified in the Housing Element.

Specifically, the proposed Zoning Ordinance Amendments would implement AB 626, SB 450, AB 2085 and AB2904 and Housing Element Programs B.4: Inclusionary Zoning Regulations, E.3:

Reasonable Accommodations, E.4: Low -Barrier Navigation Centers and E.6: Farmworker and Employee Housing.

B. 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. The City Council finds that the Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Project would not r esult 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 is not subject to CEQA review.

SECTION 3: AMENDMENT TO CHAPTER 8.08

Dublin Municipal Code Section 8.08.020 is amended to delete the definition of Farm Mobile Home (use type).

Dublin Municipal Code Section 8.08.020 is amended to add the following definitions:

Agricultural Employee. The term Agricultural Employee shall mean an individual, operator, or owner who is primarily engaged in agricultural operations and derives a substantial portion of their income from such operations.

Agricultural Operation. The term Agricultural Operation shall mean farming and ranching in all its forms.

Low-Barrier Navigation Center (use type). The term Low-Barrier Navigation Center shall mean a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low-Barrier Navigation Center may be non-congregate and relocatable. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
b. Pets.
c. The storage of possessions.
35 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 13 d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Microenterprise Home Kitchen Operations (use type). The term Microenterprise Home Kitchen Operations (MEHKO) shall mean a retail food facility that is operated by a resident in a private home where food is stored, handled, and prepared for service or delivery to customers, and that meets all the requirements of Health and Safety Code Section 113825, as may be amended.

Reproductive Health Services (use type). The term Reproductive Health Services shall mean services provided in a hospital, clinic, physician’s office, or other facility and include medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

Dublin Municipal Code Section 8.08.020 is amended to amend the following definitions:

Agricultural Employee Housing (use type). The term Agricultural Employee Housing shall mean housing accommodation that is available to agricultural employees who are employed on a full-time or seasonal/temporary basis, and their families. Agricultural Employee Housing may consist of individual or group living quarters, and may include dwellings, mobile homes, manufactured homes, or other housing accommodations. Agricultural Employee Housing provides individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom and is maintained in connection with any work or place where work is being performed whether or not rent is involved. Agricultural Employee Housing shall not be in addition to a Caretaker Residence.

Caretaker Residence (use type). The term Caretaker Residence shall mean permanent or temporary housing that is secondary or accessory to the primary use of the property. Such dwellings are used for housing a caretaker employed full-time on the site of a non-residential use where a caretaker is needed for security purposes or to provide 24-hour care or monitoring of facilities, equipment, or other conditions on the site. A Caretaker Residence shall not be in addition to Agricultural Employee Housing.

SECTION 4. AMENDMENT TO CHAPTER 8.12

Dublin Municipal Code Section 8.12.050 is amended to delete Farm Mobile Home (use type) from the land use matrix and amend portions of the land use matrix as follows:

36 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 4 of 13

8.12.050 Permitted and Conditionally Permitted Land Uses.

COMMERCIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Agricultural
Employee Housing
P5
C/ZA
5 P6

Low-Barrier
Navigation Center7
- - - - - - - - - - -
Microenterprise
Home Kitchen
Operation

P P P P - - - - - - -
Reproductive Health
Services
- - - - P P P P P P P
5Housing consisting of up to 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is permitted as an agricultural land use. A conditional use permit by the Zoning Administrator is required for housing consisting of more than 36 beds in a group quarters or m ore than 12 units or spaces designed for use by a single family or household.
6Permitted for six or fewer agricultural employees in a single-family residence. 7Permitted in the Downtown Dublin Zoning Districts, and in the Planned Development (PD) Zoning District, if the approved PD allows mixed-use or is a commercial PD permitting multifamily uses.

SECTION 5. AMENDMENT TO CHAPTER 8.36

Dublin Municipal Code Section 8.36.020 is amended to add the following:

8.36.020 Agricultural and Residential Development Regulations.

C. All new single-family residential development shall comply with the objective design standards below. Additions to single-family residences shall also comply with the objective design standards for the portion of the residence that is the proposed addition. If there is a question about the applicability of an objective design standard to a proposed addition, the Community Development Director shall make a determination. Any deviation from these standards may be reviewed through the discretionary Site Development Review process if it can be shown that the intent of the standard is met through other means.

1. Balconies/Decks. Balconies and decks shall not be located on an elevation directly facing a side lot line. Rooftop terraces/rooftop decks are not permitted.

2. Building Facades and Materials.
a. Front elevations shall provide volumetric elements with a minimum projection of two feet beyond the plane of the facade with use of window bays, building recesses, or porches with columns. A minimum of one projection shall be provided per story. b. A minimum of four feet of landscaping shall be provided adjacent to the foundation of the street facing facade or porch, unless the property is in a special fire area with more restrictive standards.
c. A minimum of three exterior building colors shall be used on the front facade. 37 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 5 of 13 d. Material and color changes shall occur at inside corners of walls or at architectural features that break up the wall plane
e. Facades that use stucco as the primary material shall be combined with a secondary wall material.
f. T-111 and similar plywood siding, corrugated and standing seam metal, and vinyl and plastic siding shall be prohibited, except for an addition to an existing single-family residence that has these as existing materials.
g. Fire-resistant alternatives, such as fiber cement siding, are permitted as a substitution for traditional materials such as wood shake, horizontal siding, or board and batten paneling.

3. Building Separation. A minimum separation of 15 feet shall be provided between a proposed upper story and an existing single-story or multi-story structure on an adjacent property.

4. Fenestration. Windows and glazing areas shall comply with the following:
a. Tinted windows and colored glazing are prohibited.
b. Plastic glazing shall be prohibited for windows and skylights. c. Functional and decorative shutters shall maintain the same dimensions as the associated glazing. Functional and decorative shutters shall be half the width of the associated window glazing (for paired shutters), or matching width for a single shutter. d. Window materials, color, and style shall be consistent on all elevations. e. Window trim, sills, and shutters shall be differentiated with accent materials or colors that vary from the adjacent building wall surfaces.
f. Window reveals and design for additions shall match the existing windows. For new construction, windows shall be recessed at least two inches from surrounding exterior wall to the window glass surface or windows shall provide built-up sills and trim, at a minimum one- half inch thick, to create surface relief and texture.

5. Garages.
a. Front- or side-entry attached garages are permitted and shall meet the dimensional requirements specified in Chapter 8.76.
b. An attached, front-entry garage shall be set back at least four feet behind the front plane of the structure to which it is attached.
c. Garage doors located in stucco walls shall be recessed a minimum of three inches from the surrounding building wall.
d. Garage doors located in masonry, wood clad, or similar siding shall provide surrounding trim with a minimum width of three inches.

6. Impervious Area. Front and street side yard setbacks shall be limited to a total of 40 percent impervious coverage.

7. Lighting. Lighting shall comply with the following:
a. Light fixtures shall be mounted below the second story of two-story homes, unless otherwise required by the Building Code.
38 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 6 of 13 b. Light fixtures shall be designed to direct light downward and shielded from off-site view.

8. Mechanical Equipment. Mechanical and utility equipment shall be concealed from view from the public right-of-way. With the objective of fully screening the equipment, ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of four feet.

9. Refuse Containers. Refuse containers or areas shall not be located within private driveways.

10. Roof.
a. Roofs that result from alteration or addition to an existing main structure shall match the existing form and materials of the main structure.
b. Roof material and color shall be consistent throughout the entirety of the roof within each new or modified building. Nondimensional three-tab asphalt shingles, wood shake, corrugated metal, metal roll, and plastic roofing materials shall be prohibited, except for an addition to an existing single-family residence that has an existing roof with one of these roof materials. c. Fire-resistant alternatives, such as cement S-tile roofing, are permitted as a substitution for traditional materials such as clay tile.
d. New structures that have a sloped roof shall provide a roof that has a minimum slope of 3:12. A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs shall be prohibited. Flat roofs that reflect modern architecture are allowed.
e. A minimum of 25 percent of the roof area shall be articulated with any combination of hip, gable, or shed dormers, except for a flat roof that is proposed with modern architecture. f. Where there is a roof overhang, it shall be a minimum of 12 inches. g. The roof styles and materials of detached garages and carports shall match the materials and detailing of main and accessory structures.

11. Stairs. Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story shall not be allowed on a front or side building facade.

SECTION 6. AMENDMENT TO CHAPTER 8.38

Dublin Municipal Code Section 8.38.050 is amended to read as follows:

8.38.050 Development Standards and Regulations.

C. Design Compatibility. Any exterior modification to the dwelling shall use the same colors materials and textures as the existing dwelling.

D. Uncovered Access Ramp. An uncovered access ramp may be located within a front, side or rear yard setback so long as the height of the ramp does not exceed the grade level finish floor of the dwelling.

Dublin Municipal Code Section 8.38.060 is amended to read as follows:

39 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 7 of 13

8.38.060 Other Discretionary Permits.

No other discretionary permit shall be required for requests for reasonable accommodations. If the project for which the reasonable accommodation s is being requested also requires a discretionary approval (such as a Conditional Use Permit, General Plan Amendment, Rezoning, or subdivision map), the applicant shall submit the request for reasonable accommodation s application first for a determination by the Community Development Director, before proceeding with the other applications.

Dublin Municipal Code Section 8.38.070 is amended to read as follows:

8.38.070 Zoning Clearance.

In deciding whether to approve a Zoning Clearance for a request for reasonable accommodations, the Community Development Director shall base the decision on the following criteria:

SECTION 7. ADDITION OF CHAPTER 8.49

Dublin Municipal Code Chapter 8.49 is added to read as follows:

Chapter 8.49

LOW-BARRIER NAVIGATION CENTERS

8.49.010 Purpose and Intent.

The purpose of this Chapter is to establish development standards for Low-Barrier Navigation Centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law.

8.49.020 Permitting Procedure.

A Low-Barrier Navigation Center that meets the Development Standards and Regulations contained within this Chapter shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing.

8.49.030 Development Standards and Regulations.

A Low-Barrier Navigation Center development is permitted in the Downtown Dublin Zoning Districts, and in the Planned Development (PD) Zoning District, if the approved PD allows mixed-use or is a commercial PD permitting multifamily uses. Any PD regulations that might be interpreted to require a Conditional Use Permit for a Low-Barrier Navigation Center shall be superseded by this Chapter.

Low-Barrier Navigation Centers must meet the following requirements:

A. Connected Services. The Low-Barrier Navigation Center offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. The Low-Barrier Navigation Center is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

40 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 8 of 13 C. Code Compliant. The Low-Barrier Navigation Center complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. The Low-Barrier Navigation Center has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

8.49.040 Zoning Clearance.

A Zoning Clearance shall document compliance of the Low-Barrier Navigation Center with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Low-Barrier Navigation Center.

SECTION 8. AMENDMENT TO CHAPTER 8.64

Dublin Municipal Code Section 8.64.050 is amended to add the following:

8.64.050 Exclusions.

B. Microenterprise Home Kitchen Operations. Microenterprise Home Kitchen Operations (MEHKO) are subject to the requirements of Health and Safety Code Section 113825, as may be amended, and must obtain a permit from the Alameda County Department of Environmental Health prior to operating.

SECTION 9. AMENDMENT TO CHAPTER 8.68

Dublin Municipal Code Section 8.68.050.D. is amended to read as follows:

8.68.050 General Procedures for Implementing Inclusionary Zoning Requirements.

D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this Chapter to be affordable unless the City or its designee has approved the household’s eligibility.

Eligible potential occupants of affordable units will be qualified on the basis of household income as defined by this Chapter. The selection criteria for a qualified household may not distinguish between adults and children. Selection of qualified person should be based on priorities established using the point system described below:

 Employed within the boundaries of the City of Dublin (3 points per household)  Public Service employee working in the City of Dublin (1 point, one per household)  Dublin resident (3 points per household)
 Seniors (1 point, one per household)
 Permanently disabled (1 point, one per household)
 Immediate family member of Dublin resident (1 point, one per household)  Required to relocate from current Dublin residence due to demolition of dwelling or conversion of dwelling from rental to for-sale unit (1 point, one per household)  Veterans (1 point, one per household)

To qualify as a “Public Service Employee,” the person shall be employed by a Public Agency. 41 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 9 of 13

To qualify as “Employed within the boundaries of the City of Dublin,” the person shall have been employed within the City of Dublin for at least six months.

To qualify as a “Dublin resident,” the person shall have been a resident of the City of Dublin for at least a one-year period prior to the eligibility determination.

To qualify as a “Senior,” the person shall be 62 years of age or older.

SECTION 10. AMENDMENT TO CHAPTER 8.76

Dublin Municipal Code Section 8.76.080.B is amended to delete Farm Mobile Home and further amended as follows:

RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Agricultural Employee Housing 2 per dwelling

SECTION 11. AMENDMENT TO CHAPTER 8.81

Dublin Municipal Code Section 8.81.030 is amended to delete subsection E.

Dublin Municipal Code Section 8.81.060 is amended to delete subsections G.7, H. and U. and further amended to read as follows:

8.81.060 Standards.

B. Balconies/Decks. Balconies and decks shall not be located on an elevation directly facing a side lot line. Rooftop terraces/rooftop decks are not permitted.

C. Building Facades and Materials.

1. Street-Facing Elevations.
a. Shall provide volumetric elements with a minimum projection of two feet beyond the plane of the facade with use of window bays, building recesses, or porches with columns. A minimum of one projection shall be provided per story.
b. Shall be designed with a minimum four-foot landscaping zone adjacent to their foundation or porch, unless the property is in a special fire area with more restrictive standards.

4. Material and color changes shall occur at inside corners of walls or at architectural features that break up the wall plane.

6. T-111 and similar plywood siding, corrugated and standing seam metal, and vinyl and plastic siding shall be prohibited, except for an addition to an existing single-family residence that has these as existing materials.

E. Building Separation. A minimum separation of 15 feet shall be provided between a proposed upper story and an existing single-story or multi-story structure on an adjacent property.

42 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 10 of 13 H. Garages.

1. Front- or side-entry attached garages are permitted and shall meet the dimensional requirements specified in Chapter 8.76.

2. An attached, front-entry garage shall be set back at least four feet behind the front plane of the structure to which it is attached.

3. Garage doors located in stucco walls shall be recessed a minimum of three inches from the surrounding building wall.

4. Garage doors located in masonry, wood clad, or similar siding shall provide surrounding trim with a minimum width of three inches.

I. Impervious Area. Front and side yard setbacks shall be limited to a total of 40 percent impervious coverage.

J. Lighting. Lighting shall comply with the following:

1. Light fixtures shall be mounted below the second story of two-story homes, unless otherwise required by the Building Code.

2. Light fixtures shall be designed to direct light downward and shielded from off-site view.

K. Lot Coverage. The Lot Coverage for any combination of SB 9 Units and Primary Dwelling Unit shall be cumulatively limited to the maximum lot coverage allowed by the residential zoning district where the lot is located, except as required to meet the By Right Provisions of this Chapter.

L. Mechanical Equipment. Mechanical and utility equipment shall be concealed from view from the public right-of-way. With the objective of fully screening the equipment, ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of four feet.

M. Parking. Parking shall conform to the Off-Street Parking and Loading Regulations (Chapter 8.76) except as modified by this Chapter.

1. A minimum of one off-street parking space shall be provided per unit, except if the parcel is located within:
a. One-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155 or a major transit stop, as defined in the Public Resources Code Section 21064.3. The transit frequency shall be based on the schedule posted by the transit agency when the City issues the first “completeness” letter for the respective application for an SB 9 Unit Development; or
b. One block of a car share vehicle.

2. Parking spaces shall not be located within the minimum side and rear yard setbacks. Parking spaces within an enclosed structure are encouraged.

N. Refuse Containers. Refuse containers or areas shall not be located within private driveways.

O. Rental Restrictions. Rental of any SB 9 Units or Primary Dwelling Unit shall not be less than for 30 consecutive days. Prior to the construction of an SB 9 Unit, a deed restriction, in a form approved 43 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 11 of 13 by the City Attorney, shall be recorded setting forth this limitation, and that the deed restriction may be enforced against future purchasers.

P. Roof.

1. Roofs that result from alteration or addition to an existing main structure shall match the existing form and materials of the main structure.

2. Roof material and color shall be consistent throughout the entirety of the roof within each new or modified building. Nondimensional three-tab asphalt shingles, wood shake, and corrugated metal, metal roll, and plastic roofing materials shall be prohibited, except for an addition to an existing main structure that has an existing roof with one of these roof types.

3. Fire-resistant alternatives, such as cement S-tile roofing, are permitted as a substitution for traditional materials such as clay tile.

4. New structures that have a sloped roof shall provide a roof that has a minimum slope of 3:12.

A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof.

Mansard roofs shall be prohibited. Flat roofs that reflect modern architecture are allowed.

5. A minimum of 25 percent of the roof area shall be articulated with any combination of hip, gable, or shed dormers, except for a flat roof that is proposed with modern architecture.

6. Where there is a roof overhang, it shall be a minimum of 12 inches.

7. The roof styles and materials of detached garages and carports shall match the materials and detailing of main and accessory structures.

Q. Separate Connections.

1. All attached or detached SB 9 Units shall have separate utility connections and meters.

2. Any attached or detached Accessory Dwelling Unit that becomes reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit Development shall have separate utility connections and meters.

R. Separate Conveyance. SB 9 Units shall be designed for separate conveyance, as defined in this Chapter, in accordance with applicable building and fire code requirements.

S. Stairs. Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story shall not be allowed on a front or side building facade.

SECTION 12. AMENDMENT TO CHAPTER 8.104

Dublin Municipal Code Section 8.104.020 is amended to add the following:

8.104.020 Exemptions from Site Development Review.

L. Reproductive Health Services. Development of a community clinic providing reproductive health services provided that the development complies with all applicable objective design standards, would not require demolition of a historic structure, would not be located on a site described in Government Code Section 65913.4(a)(6), would not likely result in adverse impacts to tribal cultural resources, and would not require demolition of housing.

44 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 12 of 13 SECTION 13. AMENDMENT TO CHAPTER 8.116

Dublin Municipal Code Section 8.116.020 is amended to add the following:

8.116.020 Applications Requiring a Zoning Clearance.

M. Low-Barrier Navigation Centers. Requests to establish and operate a Low-Barrier Navigation Center that meet the standards specified in Chapter 8.49 (Low-Barrier Navigation Center).

SECTION 14. AMENDMENT TO CHAPTER 8.132

Dublin Municipal Code Section 8.132.030 is amended to read as follows:

8.132.030 Notice of Public Hearing.

A. Timing. Notice shall be given not less than 10 days before the date of a scheduled public hearing, except notice of a Zoning Ordinance Amendment affecting the permitted uses of real property or a Rezoning shall be given not less than 20 days before the date of a scheduled Planning Commission public hearing.

SECTION 15. POSTING OF ORDINANCE

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

SECTION 16. EFFECTIVE DATE

This Ordinance shall take effect 30 days following its adoption.

{Signatures on the following page}
45 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 13 of 13 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of July 2025, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________
Mayor
ATTEST:

___________________________
City Clerk

46 STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Legislation/Housing Element Implementation – Zoning Ordinance Amendments (PLPA-004154-2025)
Prepared by: Kristie Wheeler, Special Projects Manager
EXECUTIVE SUMMARY:

The City Council will consider City-initiated amendments to the Zoning Ordinance to implement recent changes in state law and 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 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter

8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter

8.132 (Notice and Hearings). In addition, the proposed amendments include a new chapter, Chapter 8.49 (Low-Barrier Navigation Centers). The City Council will also consider an exemption from the requirements of the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, and adopt the Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter 8.49 (Low-Barrier Navigation Centers).

Attachment 2
47

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
Periodically, the City initiates amendments to the Zoning Ordinance to ensure that it complies with changes in state law, implements the General Plan and remains internally consistent.

Recent legislation requires amendments to the Zoning Ordinance to address microenterprise home kitchen operations (MEHKO), SB 9 unit development1, community clinics that provide reproductive health care, and Planning Commission public notices.

In addition, the City Council approved the General Plan Housing Element in November 2022, and, subsequently, the State Department of Housing and Community Development (HCD) certified the Housing Element in January 2024. The Housing Element includes a number of programs that the City must implement, which require amendments to the Zoning Ordinance.

This includes amendments to the City’s reasonable accommodation regulations, the addition of procedures and regulations to process low-barrier navigation centers, and amendments to allow agricultural employee housing by-right.

Proposed Project
The City has initiated amendments to the Zoning Ordinance to ensure that it complies with state law and provides timely and effective implementation 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 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings). The proposed amendments also include the addition of a new chapter, Chapter 8.49 (Low-Barrier Navigation Centers). The proposed amendments would implement the following legislative bills:

 Assembly Bill (AB) 626: Microenterprise Home Kitchen Operations. AB 626 established “microenterprise home kitchen operations,” also referred to as MEHKO, as a new type of retail food facility operated by the resident of a private home kitchen.  Senate Bill (SB) 450: Amendments to California HOME Act (SB 9). SB 450 stipulates that local agencies cannot impose objective zoning, subdivision and design standards on SB 9 unit developments that do not apply uniformly to other development within the same zoning district, unless the SB 9 standards are more permissive. In

1 An SB 9 unit development is a housing development with no more two primary residences on a lot in a single- family residential zoning district, the subdivision of a lot in a single-family residential zoning district into two lots, or both. SB 9 unit development allows the creation of up to four housing units within the lot area typically used for one single-family residence.

48

addition, SB 450 permits an SB 9 unit development even if it would demolish more than 25 percent of the exterior walls of an existing single-family residence.  AB 2085: Community Clinics. AB 2085 requires local agencies to allow community clinics providing reproductive health services as a permitted use and provide ministerial review of development applications that meet specified objective planning standards, including, among other things, that they are on a parcel that is within a zone where office, retail, health care, or parking are principally permitted uses.  AB 2904: Zoning Ordinance Notices. AB 2904 requires a planning commission public hearing notice for a proposed zoning ordinance amendment that affects the permitted uses of real property to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing. Previously, the requirement was 10 days.

In addition to implementing the above legislation, the proposed amendments to the Zoning Ordinance would implement the following Housing Element programs:

 B.4: Inclusionary Zoning Regulations. Review the Inclusionary Zoning Regulations.  E.3: Reasonable Accommodations. Amend the Zoning Ordinance to remove potential constraints for reasonable accommodation requests.
 E.4: Low-Barrier Navigation Centers. Adopt and implement procedures and regulations to process low-barrier navigation centers, including a ministerial approval process.
 E.6: Farm Worker and Employee Housing. Amend the Zoning Ordinance to allow agricultural employee housing by-right in the Agricultural (A) and Single-Family Residential (R-1) zoning districts in compliance with the Health and Safety Code.

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 add definitions for “Agricultural Employee” and “Agricultural Operation,” and change the definitions of “Agricultural Housing” and “Caretaker Residence.” In addition, “Farm Mobile Home” would be deleted and definitions for “Low- Barrier Navigation Center,” “Microenterprise Home Kitchen Operations” and “Reproductive Health Services” would be added.

Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Amendments are proposed to the permitted and conditionally permitted land uses matrix to permit “Agricultural Employee Housing” in the A and R-1 zoning districts. In the A zoning district, housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household would be permitted. A Conditional Use Permit approved by the Zoning Administrator would be required if it exceeds that amount. In the R-1 zoning district, housing accommodation for six or fewer employees would be permitted. “Farm Mobile Home” would be deleted from the land use matrix as a mobile home is a type of 49

agricultural employee housing that is permitted in the A zoning district. “Low-Barrier Navigation Centers” would be permitted in the Downtown Dublin zoning districts, and in the Planned Development (PD) zoning district, if the approved PD allows mixed-use or is a commercial PD permitting multifamily uses. “Microenterprise Home Kitchen Enterprises” would be permitted in the A, R-1, R-2 and R-M zoning districts. “Reproductive Health Services” would be permitted in all commercial and industrial zoning districts.

Chapter 8.36 (Development Regulations)
Amendments are proposed to Chapter 8.36 to add objective design standards for new single- family residential development and additions to existing single-family residences. The proposed objective design standards would be consistent with the objective design standards for SB 9 unit development as required by SB 450.

Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) Amendments are proposed to remove subjective design compatibility requirements in Chapter

8.38 to eliminate constraints to requests for reasonable accommodations. In addition, the amendments would clarify that if the project for which reasonable accommodations are being requested also requires a discretionary approval (such as a Conditional Use Permit, General Plan Amendment, Rezoning or subdivision map), the request for reasonable accommodations must be submitted first before proceeding with the other applications.

Chapter 8.49 (Low-Barrier Navigation Centers)
Amendments are proposed to add Chapter 8.49 to establish development standards for low- barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law. A low-barrier navigation center is a temporary, service-oriented shelter that helps homeless individuals and families quickly find permanent housing.

Chapter 8.64 (Home Occupations Regulations)
An amendment is proposed to exclude Microenterprise Home Kitchen Operations (MEHKO) from the regulations in Chapter 8.64. The Alameda County Environmental Health Department is the local enforcement agency for MEHKO and issues permits to ensure they comply with state law. Therefore, no other permit is required from the City beyond a Business License.

Chapter 8.68 (Inclusionary Zoning Regulations)
Amendments are proposed to the selection criteria for affordable housing units. Eligible occupants are qualified on the basis of household income and selection is based on a point system set forth in Chapter 8.68. Amendments are proposed to the points awarded for individuals employed within the boundaries of Dublin and/or Dublin residents from three points maximum, one per household member, to three points per household to ensure fairness between smaller households and multi-member households. In addition, the amendments would add veterans to the point system with one point per household as provided in the City’s Guidelines to the Inclusionary Zoning Regulations Ordinance.

Chapter 8.76 (Off-Street Parking and Loading Regulations) Amendments are proposed to Chapter 8.76 to remove Farm Mobile Home from the parking 50

table and update Agricultural Employee Housing consistent with the new land use type name.

Chapter 8.81 (SB 9 Unit Developments)
Amendments are proposed to Chapter 8.81 to allow an SB 9 unit development that involves the demolition of more than 25 percent of the exterior walls of an existing single-family residence. In addition, amendments are proposed to the objective design standards for SB 9 unit development to provide consistency with the objective design standards proposed in Chapter 8.36 for new single-family development and additions to existing single-family residences as required by SB 450.

Chapter 8.104 (Site Development Review)
An amendment is proposed to Chapter 8.104 to add development of a community clinic providing reproductive health services as a type of project that is exempt from Site Development Review.

Chapter 8.116 (Zoning Clearance)
An amendment is proposed to Chapter 8.76 to add low-barrier navigation centers as a type of use requiring ministerial review and approval of a Zoning Clearance.

Chapter 8.132 (Notice and Hearings)
An amendment is proposed to Chapter 8.132 to require a 20-day public notice of a Planning Commission hearing for a Zoning Ordinance Amendment or Rezoning affecting the permitted uses of real property as required by AB 2904.

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 comply with state law and implement programs identified in the Housing Element. Specifically, the proposed Zoning Ordinance Amendments would implement AB 626, SB 450, AB 2085 and AB2904 and Housing Element Programs B.4:

Inclusionary Zoning Regulations, E.3: Reasonable Accommodations, E.4: Low-Barrier Navigation Centers and E.6: Farmworker and Employee Housing.

51

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.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing on May 27, 2025, to consider the proposed Zoning Ordinance Amendments and unanimously recommended approval to the City Council.

Planning Commission Resolution No. 25-02 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 Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter

8.49 (Low-Barrier Navigation Centers)
2) Redlined Zoning Ordinance Amendments
3) Planning Commission Resolution No. 25-02 Recommending City Council Approval of Amendments to the Zoning Ordinance
52 STAFF REPORT

CITY COUNCIL

Agenda Item 5.4
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Citywide Trash Capture Devices, CIP No. ST0121 – Approval of Plans and Specifications and Award of Contract to American Enviro Services, Inc.

Prepared by: Laurie Sucgang, City Engineer

EXECUTIVE SUMMARY:

The City Council will consider approving the plans and specifications and awarding a construction contract to American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No. ST0121. The project will install new and replace existing small trash capture devices in 86 storm drain inlets throughout the City.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No.

ST0121.

FINANCIAL IMPACT:

The bid submitted by American Enviro Services, Inc. for the Citywide Trash Capture Devices Project is $224,254. Sufficient funds are available in the approved budget for CIP No. ST0121.

DESCRIPTION:

The 2024-2029 Capital Improvement Program (CIP) includes the Green Stormwater Infrastructure Project, CIP No. ST0121. The Green Stormwater Infrastructure Project provides for planning, design, and construction of various citywide projects that will improve water quality and provide other environmental benefits in accordance with the Green Stormwater Infrastructure Plan, which was approved by the City Council on June 18, 2019.

One of the projects included in this CIP is the Citywide Trash Capture Devices Project. This Project will install small trash capture devices in existing storm drain inlets throughout the City.

The small trash capture devices filter trash and other pollutants from surface water runoff before the water enters the underground storm drainpipes, which connect to channels, creeks, 53

and eventually the San Francisco Bay. The Project is necessary to meet 100% trash load reduction requirements as mandated by Provision C.10 of the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit No. CAS612008, Order No. R2-2022- 0018 (known as the “MRP”), issued by the San Francisco Regional Water Quality Control Board.

Bid Process and Results
The City issued the bid package for the Citywide Trash Capture Devices Project on May 21, 2025. The bid package consisted of eight bid items. Two sealed bids were received, and all bids were publicly opened on June 18, 2025. The two bids were $224,254 and $331,600, with the lowest bid submitted by American Enviro Services, Inc. A summary of the bids is provided as Attachment 4.

Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council award a construction contract to American Enviro Services, Inc. as the lowest responsive and responsible bidder.

If the construction contract is awarded to American Enviro Services, Inc., Staff anticipates work to begin in August and be completed in the fall before the rainy season.

California Environmental Quality Act (CEQA)
The project is exempt under Section 15301 Existing Facilities of the CEQA Guidelines.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this report was provided to American Enviro Services, Inc.

ATTACHMENTS:

1) Resolution Approving the Plans and Specifications and Awarding a Contract to American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No. ST0121 2) Exhibit A to Resolution – Agreement with American Enviro Services, Inc. for the Citywide Trash Capture Devices Project, CIP No. ST0121
3) Exhibit B to Resolution – Citywide Trash Capture Devices Project Plans :
https://www.dublinplanroom.com/projects/1930/plans/citywide-trash-capture- devices/?preview=22795; and Specifications:
https://www.dublinplanroom.com/projects/1930/specs/citywide-trash-capture- devices/?preview=22796
4) Bid Results
5) CIP No. ST0121
54 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 07/15/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO AMERICAN ENVIRO SERVICES, INC. FOR THE CITYWIDE TRASH CAPTURE DEVICES PROJECT, CIP NO. ST0121

WHEREAS, the design team has completed the plans and specifications for the Citywide Trash Capture Devices Project, CIP No. ST0121, which consists of the installation, replacement, or removal of small trash capture devices in 86 storm drain inlets throughout the City; and

WHEREAS, the City of Dublin did, on June 18, 2025, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and

WHEREAS, said bids were submitted to Staff, and American Enviro Services, Inc. was determined to be the lowest responsive and responsible bidder for doing said work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project, attached hereto as Exhibit B.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest responsive and responsible bidder, American Enviro Services, Inc. at a bid of two-hundred twenty-four thousand two-hundred fifty-four dollars and zero cents ($224,254.00), the particulars of which bids are on file at the Office of the Public Works Director.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with American Enviro Services, Inc. attached hereto as Exhibit A to this Resolution.

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

{Signatures on the following page}

55 Reso. No. XX-25, Item X.X, Adopted 07/15/2025 Page 2 of 2

PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

56 CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568

CONSTRUCTION AGREEMENT
The City of Dublin, (“City”) enters into this agreement, dated for reference purposes only, with American Enviro Services Inc. (“Contractor”).

RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., June 18, 2025 for the Citywide Trash Capture Devices Project by published notice and/or posting pursuant to California Public Contract Code Section 20164 and other applicable law.

B. BID OPENING. On June 18, 2025 , City representatives opened the bids for the Citywide Trash Capture Devices Project and read the bids aloud.

C. PROJECT AWARD. On July 15, 2025, the City Council awarded the Citywide Trash Capture Devices Project to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor’s providing executed copies of all documents specified in the contract check list included in the bid package within fifteen (15) calendar days of receiving written notice of award of the project.

D. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within fifteen (15) calendar days of receiving written notice of award.

AGREEMENT TERMS
The City and the Contractor agree as follows:

1. THE WORK . The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the Citywide Trash Capture Devices (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.

2. LOCATION OF WORK. The Work will be performed at the following location:

Various locations citywide in Dublin, California.

3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within seventy (70) working days from the date specified in the City’s Notice to Proceed (“Time for Completion”).

4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this Attachment 2
Exhibit A to Resolution
57 agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $ 1,000 per day pursuant to California Government Code Section 53069.85 and section SC-03 of the Special Conditions, and/or obtaining or providing for substitute performance in accordance with the Contract Documents.

5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of $224,254.00 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated June 18, 2025, and attached to and incorporated in this agreement. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.

6. PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Pursuant to California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and ove rtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. Pursuant to California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.

The Contractor is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations. The contractor or subcontractor(s) shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chap ter, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to California Labor Code Section 1725.5 at the time the contract is awarded.

58 7. THE CONTRACT DOCUMENTS . This agreement consists of the following documents (“Contract Documents” The Contract documents consist of the Plans as signed by the City Engineer and issued for the project, and the entire set of Specifications incorporating Sections P, IB, GC, SC, TP, including the appendices, all addendums and change orders issued.), all of which are incorporated into and made a part of this agreement as if set forth in full. See section GC-14 general for document precedence in the event there is a conflict that arises from section GC -14 “ Document Precedence” , shall be per the following provisions. Written numbers and notes on a drawing govern over graphics, a detail drawing governs over a general drawing, a detail specification governs over a general specification, and a specification in a section governs ove r a specification referenced by that section. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:

7.1 This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor.

7.2 The Technical Provisions and change orders and other amendments to the Special Conditions signed by authorized representatives of the City and the Contractor.

7.3 The Special Provisions, addenda to the General Conditions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor.

7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and chang e orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor.

7.5 The General Provisions

7.6 The Project Specifications.

7.7 The Revised Standard Specifications.

7.8 The Standard Specifications.

7.9 The City’s standard plans.

7.10 Revised Caltrans standard plans.

7.11 Caltrans standard plans.

7.12 Notice Inviting Bids.

7.13 Instructions to Bidders.

7.14 The successful bidder’s completed Proposal Form and Bidder’s Sheet.

7.15 The successful bidder’s completed Contractor License Information.

7.16 The successful bidder’s completed List of Proposed Subcontractors.

7.17 The successful bidder’s Insurance Certifications.

7.18 The successful bidder’s completed Non-collusion Affidavit.

7.19 The successful bidder’s Debarment Certification.

7.20 The successful bidder’s completed Certificates of Insurance and Endorsements.

7.21 The successful bidder’s executed Performance Bond.

7.22 The successful bidder’s executed Payment Bond.

7.23 Executed Escrow for Deposit Agreement, if applicable.

7.24 Change Order Form.

7.25 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract.

7.26 The successful bidder’s Qualification Statement, if any.

7.27 The successful bidder’s signed Signature Form.
59 8. AMENDMENTS. This Agreement may be amended from time to time as necessary by formal and written amendment executed by the City Manager or his designee and principal acting on behalf of the Contractor.

9. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of pro visions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreem ent to the extent expressly incorporated in this Agreement by section number, and references in the Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require.

10. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation a nd/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final.

11. ASSIGNMENT PROHIBITED . The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and th e Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity.

12. CERTIFICATION OF CONTRACTOR’S LICENSE . By signing this Agreement the Contractor certifies that the Contractor holds a valid Type “ A or C” license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity.

13. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

60 14. INSURANCE. Contractor Agrees to have and maintain the insurance coverages and polices set forth in Exhibit A to this Agreement, “Insurance Requirements”, which is incorporated by this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required insurance coverage during this agreement shall constitute a material breach of this Agreement. The cost of such insurance shall be included in the Contractor’s bid.

a. Contractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers’ compensation insurance as required by law.

b. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work.

Subcontractors hired by the Contractor agree t o be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractors further agree to include these same provisions with any sub -subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorseme nts included in the Agreement prior to commencement of any work and will provide proof of compliance to the City.

c. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California.

d. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may terminate this Agreement.

e. At all times during the term of this Agreement, Contractor shall maintain on file with the City a certificate or certificates of the required insurance as set forth in the Exhibit A Insurance Requirements showing that the required insurance policies are in effect in the required amounts.

f. It is requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage for coverage and limits shall be (1) the minimum coverage and limits of coverage and the limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of an insurance policy or proceeds available to the named Insured; whichever is greater.

15. INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees to defend (with legal counsel selected by the City), including the cost to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, attorneys, agents, employees, consultants, and volunteers, and each of them from and against any and all claims, damages, losses and expenses, including attorney’s fees, and from any and all suits, actions or claims filed or brought by and all person or persons arising out of the 61 performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration. The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Contractor. b. Survival. Contractor and any subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement
d. Scope. This section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, and volunteers, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, and, volunteers from such liability. The Contractor will indemnify, defend and hold harmless the City, the City’s officials, officers, employees and volunteers for all liability on account of any patent rights, copyrights, trade name s or other intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid.

16. BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond and payment bond for Labor and Materials, or other guarantees, in the required amounts 62 upon bond forms provided by the City, guarantying the performance of the terms of this Agreement.

17. MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace, restore, or rebuild, as the CITY may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) year period after the date of the City Council‘s acceptance of the project.

This Article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer give a guaranty for a longer period, nor does it limit the other remedies of the City in respect to a latent defect, fraud or implied warranties. Contractor shall furnish the City all appropriate guaranties or warranty certificates upon completion of the project.

18. MAINTENANCE BOND. The Contractor further agrees to post a maintenance bond in the amount equal to at least 10 percent (10%) of the total value of the entire work prior to CITY's acceptance of the project. The maintenance bond shall remain in effect for a period of one (1) year after the City Council’s acceptance of the work to guarantee the repair and/or replacement of the defective materials provided and/or workmanship performed under this contract.

19. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City Shall provide the Contractor with notice of Claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for r eimbursing the City for its reasonable costs in providing the notification.

20. SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring, and bracing for all trenching and excavations in accordance to applicable Safety Regulations, and the California Labor Code.

Attention is directed to Sections 6423, 6424, 6705, and 6707 of the Labor Code of the State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards-Excavation, and elsewhere within these Contract Documents.

The Contractor shall not commence with any excavation with a depth of five feet or deeper without first complying with all applicable Labor Code and Safety Regulations. The Contractor shall designate a competent person who is responsible for trench and structure excavation, shall obtain a Cal/OSHA Safety Permit for excavation, and shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground dur ing the excavation of such trench or trenches.

21. CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with the Contract Documents, any changes or extra work must be authorized in writing by the City prior to the Contractor performing said work. Contractor further acknowledges that it is solely responsible f or obtaining written authorization from the City and that it shall not be compensated for any additional work performed without said written authorization. Oral authorization shall not be sufficient to bind the City absent specific written authorization. 63 22. MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public Contract Code Section 20104 et seq.

Executed on _______________________, __________, by

CONTRACTOR CITY OF DUBLIN
________________________________ _________________________________

By:_____________________________ By:_______________________________

Title:___________________________ Title:_____________________________

[Attach Notary Page] Attest:

By:_________________________________

64 EXHIBIT A -- INSURANCE REQUIREMENTS

1. Insurance Requirements . Before commencing any Work under the Contract Documents, Contractor shall furnish to the City satisfactory proof that Contractor has in force continuously for the entire period covered by this Contract the following classes of insurance in the form and with limits specified below.

1.1 Commercial General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage no less broad than that of the current ISO Commercial General Liability policy (Occurrence Form, number CG 00 01). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations, contractual liability, personal and advertising injury. Contractor shall keep the commercial general liability insurance in place for 10 years following completion of the work. The commercial general liability insurance limits shall be dedicated solely to the specific Project described in the Contract Documents, and shall have limits not less than:

1.1.1 $1 million each Occurrence;

1.1.2 $1 million each Occurrence for personal injury and advertising injury;

1.1.3 $2 million aggregate for products and completed operations;

1.1.4 $2 million general aggregate limit, which shall apply separately and be reinstated annually.

Except for any exclusions relating to EIFS, lead and asbestos risks, the policy shall not contain any exclusions directed toward any types of projects, materials, or processes involved in the Work. Coverage shall include but not be limited to the following and shall not include any endorsements restricting these coverages:

1.1.5 Contractual liability to cover liability assumed under the Contract Documents;

1.1.6 Products/Completed Operations Liability Insurance;

1.1.7 Broad Form Property Damage;

1.1.8 Explosion, collapse and underground hazards, if such exposure exists;

1.1.9 Independent subcontractors;

1.1.10 Severability of interests;

1.1.11 Cross liability;

1.1.12 Limited Professional Liability - contractor means and methods - CG 2279.

Any self-insured retention shall be selected by the City pursuant to these requirements.
65 1.2 Business Auto Insurance covering all owned, non-owned, and hired vehicles on and off-site. Such insurance shall provide coverage not less than the standard ISO Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12, CA 00 20), with limits not less than $2 milli on each accident, and $2 million each occurrence for claims subject to the Motor Carrier Act of 1980. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor shall provide pollution auto coverage equivalent to that provided under the ISO pollution liability-broaden coverage for covered autos endorsement (CA 99 48) shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be attached. Any statutorily required “No -Fault” benefits and uninsured/underinsured motorists coverage should be included.

1.3 Worker’s Compensation and Employers Liability Insurance for all persons whom the Contractor may employ carrying out Work contemplated under the Contract Documents, in accordance with the Act of Legislature of State of California, known as “Worker’s Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount. Coverages and limits shall include:

1.3.1 Worker’s Compensation – statutory limit;

1.3.2 Employer’s liability;

(a) $1 million bodily injury for each accident;

(b) $1 million bodily injury by disease for each employee;

(c) $1 million bodily injury disease aggregate;

1.3.3 Voluntary Compensation;

1.3.4 If there is an exposure or injury to Contractor’s employees under the US Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employees, coverage shall be included for all such injuries or claims.

1.4 Umbrella/Excess Liability Insurance on an Occurrence basis in excess of the underlying insurance identified in paragraphs 1.1, 1.2, and 1.3.2 above, and which is at least as broad as each and every one of the underlying policies. The umbrella/excess liability policy shall be written on a “ drop-down-following form” basis, with only such exceptions as the City shall expressly approved in writing.

The amounts of insurance required in paragraphs 1.1, 1.2, and 1.3.2 and this Section may be satisfied by Contractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified below for these types when added to the limit for this section. The umbrella/excess liability insurance limits shall be dedicated solely to the specific Project described in this Contract Documents, and shall have limits of not less than the following amounts:

66 1.4.1 $5 million any one occurrence and annually reinstating General Aggregate; and

1.4.2 $5 million any one occurrence and Aggregate Products/Completed Operations.

The umbrella/excess liability insurance shall be kept in place for 10 years following completion of the work. Any self -insured retention shall be selected by the City pursuant to these requirements.

1.5 Contractor’s equipment. Contractor will maintain All Risk Equipment Insurance covering all risk of physical damage to equipment provided for use at the Project site by the Contractor, whether owned, leased, rented, borrowed or used at the Project site. Contractor agrees to waive and does hereby waive its rights of recovery against the City and each of its officers, employees, consultants and agents including, but not limited to the City’s council members and each City representative, as to any damage or loss which may occur to its equipment to the extent covered by insurance. Contractor will have the insurance company specifically agree to this waiver. If uninsured, Contractor will hold harmless the City and each of its officers, employees, consultants and agents including, but not limited to the City’s Board of Trustees and each City representative, for loss or damage to its tools and equipment.

1.6 Contractors Pollution Legal Liability Insurance covering claims for bodily injury, property damage, including mold and loss of use of damage property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any pollution conditions arising from Contractor’s operations or completed operations, performed by or on behalf of Contractor.

Completed operations coverage will remain in effect for no less than 5 years after substantial completion of the work. Such coverage shall be written on an occurrence basis and shall apply to sudden and non -sudden pollution conditions and shall be placed with an insurer and in a form acceptable to the City. If any pollution liability coverages cannot be obtained on an occurrence form, after using best efforts to do so, such coverages may be provided on a claims -made basis.

The pollution legal liability policy shall be dedicat ed solely to the specific Project described in the Contract Documents, and shall have limits not less than $5 million per occurrence and in the aggregate. Any self-insured retention shall be selected by the City pursuant to these requirements.

1.7 Builder’s Risk. The Contractor must, at the Contractor’s own expense, maintain a builder’s risk policy covering “all risks”, including special form including extended coverage and vandalism, and malicious mischief endorsements. The policy must name the City and the Contractor as insureds. Such insurance must be carried in the amount of 100% of the Contract Price. In the event of a partial or total destruction of any or all of the Work at any time prior to the completion and acceptance thereof, the Contr actor shall promptly reconstruct all Work so destroyed or injured at the Contractor’s own cost and expense and at no cost to the City.

67 1.8 If any aircraft are to be used in the performance of the work, Contractor shall provide Aircraft Liability Insurance (including owned and non -owned) with the following minimum limits: Bodily Injury – $10 million each occurrence, $2 million each person; Property Damage – $10 million each occurrence.

1.9 All policies of insurance shall be placed with insurers acceptable to the City. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for Worker’s Compensation) must have a rating of A XV or better in the most recent edition of Best’s Insurance Reports or otherwise satisfactory to the City. Required minimum amounts of insurance may be increased should conditions of Work, in the sole opinion of the City, warrant such increase. Contractor shall increase required insurance amounts upon direction by the City.

2. Certificates of Insurance.

2.1 Contractor shall furnish the City with certificates of insurance completed by a duly authorized representative evidencing coverage required under Section 1 of these requirements. Such certificates shall be delivered to the City before any Work hereunder is commenced by Contractor and annually thereafter on or before the policy effective dates of Contractor’s general liability insurance policy, and shall provide that no coverage under the policy shall be terminated, canceled or materially modified unless and until at least thirty (30) days prior written notice has been given to the Cit y. Contractor shall inform the City in writing thirty (30) days prior to terminating or materially modifying coverage required in these requirements.

2.2 Failure of the City to demand such certificate or other evidence of full compliance with these insurance requirements, or failure of the City to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such insurance.

2.3 The City’s acceptance of delivery of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by the City that the insurance requirements have been met or that the insurance policy shown in the certificates of insurance are in compliance with the requirements.

2.4 The City has the right, but not the obligation, of prohibiting Contractor or any subcontractor from entering the Project site until the City receives all certificates or other evidence that insurance has been placed in complete compliance with these requirements.

2.5 If any of the coverages are required to remain in force after Substantial Completion, Contractor shall submit an additional certificate evidencing continuation of such coverage with its final billing and at each subsequent renewal of Contractor’s insurance.

3. Required Endorsements. Except as provided below, the policies required under Section 1 of these requirements shall be endorsed, in a form and manner acceptable to the City, providing as follows:

68 3.1 Except with regard to the Worker’s Compensation and Employer’s Liability Insurance, the City, its parent, subsidiary and affiliated organizations, and its City council, employees, representatives, consultants, and agents, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured. Such additional insured endorsement for Commercial General Liability and excess/umbrella coverages shall be equivalent to ISO form GC 20 10 07 04, together with ISO form GC 20 37 07 04. The additional insured requirement for Commercial General Liability and excess/umbrella coverages is for the duration of this Agreement and an additional ten (10) years following Substantial Completion of the Work.

3.2 Except with regard to the Worker’s Compensation and Employer’s Liability insurance, each policy, including additional insured coverages, shall be primary and no other insurance or self-insured retention carried or held by the City shall be called upon to contribute to a loss covered by insurance for the named insured.

3.3 The insurance carriers waive their rights of subrogation against the City and all additional insureds, as well as other insurance carriers for the Work.

3.4 Declarations pages required . Contractor or its insurance broker shall submit a copy of the declarations page for each policy. The page shall include the name of the carrier, policy number, the types of coverages and limits, the effective dates of the policy, and the broker’s name and license number.

4. Certificates of Insurance and Endorsements shall have clearly typed thereon the City’s name and title of the Contract Documents. Written notice of cancellation, non-renewal, or reduction in coverage of any policy shall be mailed to the City Manager at 100 Civic Plaza, Dublin, CA, 94568, 30 days in advance of the effective date of the cancellation, non - renewal, or reduction in coverage. Contractor shall maintain insurance in full force and effect during entire period of performance of this Agreement, and such additional periods as required in these requirements. At the time of making an application for extension of the Time for Completion, and during all periods exceeding the Time for Completion resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. Upon the City’s request, Contractor shall submit to the City, within 10 days, copies of the actual insurance policies or renewals or replacements.

5. Insurance Primary . All limits and coverage is required of the Contractor in these requirements shall be primary over any insurance or self -insurance program carried by the City and the additional insureds.

6. Joint ventures. If the Contractor is a joint venture involving two or more entities, each independent entity will satisfy the limits and coverage is specified in these requirements or the joint venture will be named insured under each policy specified.

7. Waiver of Right to Recovery Including Subrogation . Contractor hereby waives all its rights of recovery and shall require all insurance policies in any way related to the Work secured and maintained by the Contractor to include clauses stating each insurer will waive all rights of recovery, under subroga tion or otherwise, against the City and all tiers of contractors or consultants engaged directly by the City. Contractor will require all tiers 69 of subcontractors, vendors and suppliers, by appropriate written agreements, to provide similar waivers each in favor of all parties enumerated in this paragraph.

8. Cooperation. Contractor shall fully cooperate, participate, and comply with all reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of the required policies, in all areas of safety, insurance program administration, claim reporting and investigating, and audit procedures.

9. If injury occurs to any employee of Contractor, subcontractor, or sub -subcontractor for which the employee, or the employee’s dependents in the event of the employee’s death, is entitled to compensation from the City under provisions of the Worker’s Compen sation Insurance and Safety Act, as amended, or for which compensation of any kind is claimed from the City, the City may retain out of sums due Contractor under the Contract Documents, an amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If the City is compelled to pay compensation, the City may, in its discretion, either deduct and retain from the Contract Price the amount so paid, or requ ire Contractor to reimburse the City.

10. Nothing in these requirements shall be construed as limiting in any way the extent to which Contractor or any subcontractor may be held responsible for payment damages resulting from their operations. Contractor’s obligations to procure insurance are sepa rate and independent of, and shall not limit Contractor’s contractual indemnity and defense obligations. The City does not represent that coverages and limits required in this contract will necessarily be adequate to protect the Contractor.

11. Except for Worker’s Compensation coverages, Contractor shall by appropriate written agreements flow-down the additional insured coverage, certificate, endorsement, waiver of subrogation, and all other requirements of these requirements to all tiers of subcontractors for all insurance required of such subcontractors by Contractor for the work.

12. Contractor shall pay all insurance premiums including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, the City may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under the Contract Documents. If the aggregate limits on any Contractor’s insurance policy are no longer available, Contractor must notify the City and immediately, at Contractor’s expense, purchase replacemen t coverage to meet the insurance requirements as specified in these requirements. Alternatively, the Contractor’s failure to maintain the required insurance shall be grounds for a termination for default in accordance with the Contract Documents.

END OF INSURANCE REQUIREMENTS
70 Attachment 3
Exhibit B
Citywide Trash Capture Devices

Plans: https://www.dublinplanroom.com/projects/1930/plans/citywide-trash-capture- devices/?preview=22795

Specifications: https://www.dublinplanroom.com/projects/1930/specs/citywide-trash- capture-devices/?preview=22796
71 Citywide Trash Capture Devices
ST0121
Bid Date:

BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension 11 LS $22,652.00 $22,652.00 $20,000.00 $20,000.00
21 LS $22,652.00 $22,652.00 $30,000.00 $30,000.00
31 LS $4,530.00 $4,530.00 $5,000.00 $5,000.00
44 9 EA $1,387.00 $67,963.00 $1,800.00 $88,200.00
52 4 EA $2,454.00 $58,896.00 $1,800.00 $43,200.00
64 EA $3,397.25 $13,589.00 $1,800.00 $7,200.00
79 EA $1,510.00 $13,590.00 $1,000.00 $9,000.00
88 6 EA $237.00 $20,382.00 $1,500.00 $129,000.00
BASE BID TOTAL: $224,254.00 $331,600.00

DETERMINATION OF LOW BID
American Enviro Services Inc. CF Contracting, Inc.

None
American Enviro Services Inc. CF Contracting, Inc.
$224,254.00 $331,600.00
CF Contracting, Inc.American Enviro Services Inc.

None
List of Sub-Contractors

APPARENT LOW BIDDER
Description

CITY OF DUBLIN

ENGINEERING DIVISION

BID SUMMARY
Project Name:

Project No. :

PUBLIC WORKS DEPARTMENT
Storm Drain Diversion (revocable bid item)
June 18, 2025
Traffic Control
Connecter Pipe Screens (CPS)
Catch Basin Inserts (CBI)
Connector Pipe Screens (CPS) Removal
Water Pollution Control Plan (WPCP)
Connecter Pipe Screens (CPS) Retrofits
Mobilization (10%)

Attachment 4
72 Green Stormwater Infrastructure
Overview
Project Number ST0121
Description
This project provides for the planning, design, and construction of various citywide projects that will improvewater quality and provide other environmental benets in accordancewith the Green Stormwater Infrastructure(GSI) Plan. The GSI Plan and associated projects and trash load reduction requirements aremandated bythe Municipal Regional Stormwater Permit (MRP). Projects include stormwater full trash capturedeviceinstallation throughout the City, and construction of GSI along the Iron Horse Regional Trail corridor, south of Amador ValleyBoulevard. The City and Alameda CTC entered intoCooperative Agreements on February7, 2023 and April 16, 2024topartner on the design, environmental permitting, and construction phases for a bio-retention and hydromodication management facility along the Iron Horse Regional Trail corridor, south of Amador ValleyBoulevard, that satises a portion of the City's GSI requirement and Alameda CTC's project, SR84 Expressway Widening and SR84/I-680 Interchange Improvements. Construction is anticipated tobe completein summer 2025.

Alameda CTC's shareof the costs is 75% of the total, whichwill be reimbursed tothe City after expenditure. Both agencies will enter intoa subsequent agreement for the maintenancephase. The "Other CountyReimbursement" funding is from Alameda CTC.

The design of the Citywide Trash CaptureDevices phase of the project is completed and is anticipated tobegin construction in summer 2025.

Capital Cost
Historical
$3.29M
FY2025 Budget
$420K
Total Budget (all years)
$870K
Project Total (todate)
$4.16M
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 9400- Improvements $2,333,670 $275,000 $0 $300,000 $0 $0 $0 $2,908,670 9200- ContractServices $847,053 $115,000 $0 $120,000 $0 $0 $0 $1,082,053 9100- Salaries& Benefits $96,340 $30,000 $0 $30,000 $0 $0 $0 $156,340 9500- Miscellaneous $12,000 $0 $0 $0 $0 $0 $0 $12,000
Total $3,289,063 $420,000 $0 $450,000 $0 $0 $0 $4,159,063 Green Stormwater Infrastructure
2024-2029 Five-Year Capital Improvement Program Update | Dublin Attachment 5
73 Funding Sources
Historical
$3.29M
FY2025 Budget
$420K
Total Budget (all years)
$870K
Project Total (todate)
$4.16M
Operational Costs
FY2025 Budget
$0
Total Budget (all years)
$7.5K
Project Total
$7.5K
Project Timeline
● 06/18/2019
Green Stormwater Infrastructure Plan approved.
● 07/1/2021
Planning phase began.
● 02/7/2023
Cooperative Agreement with Alameda CTC approved for the design and environmental permitting phase.
● 04/16/2024
Cooperative Agreement with Alameda CTC approved for the construction phase. ● 07/1/2025
Planning for trash capture device installation began in Fiscal Year 2021-22. Staff have identi ed approximately 80 locations for potential device installation anticipated in summer 2025. Construction of GSI along the Iron Horse Regional Trail corridor began in summer 2024 and is anticipated to be completed in summer 2025.

Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 9901- Other County
Reimbursement
$2,335,687 $0 $0 $0 $0 $0 $0 $2,335,687
1101- General Fund
DesignatedReserve
$953,376 $420,000 $0 $450,000 $0 $0 $0 $1,823,376
Total $3,289,063 $420,000 $0 $450,000 $0 $0 $0 $4,159,063 Green Stormwater Infrastructure
2024-2029 Five-Year Capital Improvement Program Update | Dublin 74

STAFF REPORT

CITY COUNCIL

Agenda Item

5.5 DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Citywide Bicycle and Pedestrian Improvements – Regional Street Crossing Project, CIP No. ST0517, and Downtown Dublin – Village Parkway Conduit Project, CIP No. PA0123 – Approval of Plans and Specifications and Award of Contract to Golden Bay Construction, Inc.

Prepared by: Oliver Castillo, Assistant Civil Engineer

EXECUTIVE SUMMARY:

The City Council will consider approving the plans and specifications and awarding a construction contract to Golden Bay Construction Inc. for work that combines portions of the Citywide Bicycle and Pedestrian Improvements Project (CIP No. ST0517) and the Downtown Dublin Project (CIP No. PA0123). The contract provides for the installation of a new crosswalk with Rectangular Rapid Flashing Beacons, curb ramps, bulb outs, drainage improvements, and streetlight improvements on Regional Street, between Dublin Boulevard and Amador Valley Boulevard. The contract will also install a conduit on the northside of the intersection of Dublin Boulevard and Village Parkway for future electrical service for public art in the Village Parkway District of Downtown Dublin.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Golden Bay Construction, Inc. for the Citywide Bicycle and Pedestrian Improvements – Regional Street Crossing Project, CIP No. ST0517, and the Downtown Dublin – Village Parkway Conduit Project, CIP No. PA0123.

FINANCIAL IMPACT:

The bid submitted by Golden Bay Construction, Inc. for the work is $572,397. Staff recommends a construction contingency of $60,000 (approximately 10%) to facilitate change orders for unforeseen construction issues, bringing the total potential construction cost to $632,397. Sufficient funds are available in the Capital Improvement Program, Project Nos.

ST0517 and PA0123.

75

DESCRIPTION:

The 2024-2029 Capital Improvement Program (CIP) includes the Citywide Bicycle and Pedestrian Improvements Project, CIP No. ST0517, which provides for the planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City, including pedestrian/bicycle bridges, annual sidewalk repair, and the Regional Street Crossing between Dublin Boulevard and Amador Valley Boulevard.

The Regional Street Crossing portion of the project will include the installation of Rectangular Rapid Flashing Beacons and a new crosswalk between Dublin Boulevard and Amador Valley Boulevard, adjacent to the Wells Fargo building. The project will also install and upgrade existing pedestrian curb ramps in accordance with Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) requirements, bulb outs, drainage improvements, and streetlighting improvements.

The 2024-2029 CIP also includes the Downtown Dublin Project, CIP No. PA0123, which provides for public art projects in the Downtown area, including Village Parkway. In anticipation of future public artwork at the intersection of Dublin Boulevard and Village Parkway, Staff worked with the design team to identify site constraints and needs, such as utilities and other infrastructure to support future public art at the site, and to develop plans for installing conduit for future electrical service to the site. The plans and specifications were then added to the Regional Street Crossing project construction documents, which creates economies of scale and reduces costs as compared to completing the work as a standalone project.

Bid Process and Results
The City issued a bid package for the combined project on May 16, 2025, consisting of 45 base bid items. Five sealed bids were received on June 19, 2025, with the base bids ranging from $572,397 to $896,100. The lowest base bid of $572,397 was submitted by Golden Bay Construction, Inc. A summary of the bids is provided as Attachment 4.

Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council award a construction contract to Golden Bay Construction, Inc. as the lowest responsive and responsible bidder.

To facilitate the approval of contract change orders and avoid construction delays, it is requested that the City Manager be authorized to approve change orders up to the contingency amount of $60,000. The resolution will authorize this change as it relates to the projects. If the construction contract is awarded to Golden Bay Construction, Inc., Staff anticipates work to begin in August and be completed in late 2025.

California Environmental Quality Act (CEQA)
The project is exempt under Section 15301, Class 1 Repair or Minor Alteration of Existing Public Facilities; Section 15302, Class 2 Replacement or Reconstruction of Existing Facilities, and Section 15304, Class 4 Minor Alterations of the CEQA Guidelines.

76

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this report was provided to Golden Bay Construction, Inc. and to the Independent Watchdog Committee of the Alameda County Transportation Commission.

ATTACHMENTS:

1) Resolution Approving the Plans and Specifications and Awarding a Contract to Golden Bay Construction, Inc. for the Citywide Bicycle and Pedestrian Improvements – Regional Street Crossing Project, CIP No. ST0517, and the Downtown Dublin – Village Parkway Conduit Project, CIP No. PA0123
2) Exhibit A to the Resolution – Agreement with Golden Bay Construction, Inc. for the Citywide Bicycle and Pedestrian Improvements Project, CIP No. ST0517 and the Downtown Dublin Project, CIP No. PA0123
3) Exhibit B to the Resolution – Regional Street Crossing and Village Parkway Conduit Project Plans: https://www.dublinplanroom.com/projects/1925/plans/citywide-bicycle-and- pedestrian-regional-street-crossing/?preview=22769; and Specifications:
https://www.dublinplanroom.com/projects/1925/specs/citywide-bicycle-and-pedestrian- regional-street-crossing/?preview=22770
4) Bid Results
5) CIP No. ST0517
6) CIP No. PA0123
77 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 07/15/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO GOLDEN BAY CONSTRUCTION, INC. FOR THE CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS – REGIONAL STREET CROSSING PROJECT, CIP NO. ST0517, AND THE DOWNTOWN DUBLIN – VILLAGE PARKWAY CONDUIT PROJECT, CIP NO. PA0123

WHEREAS, the design team has completed the plans and specifications for a Project that combines portions of the Citywide Bicycle and Pedestrian Improvements – Regional Street Crossing Project, CIP No. ST0517, and the Downtown Dublin – Village Parkway Conduit Project, CIP No. PA0123. The Project will install a crosswalk and Rectangular Rapid Flashing Beacons, new curb ramp upgrades, and other appurtenant improvements, on Regional Street, between Dublin Boulevard and Amador Valley Boulevard , as well as conduit on the northside of the intersection of Dublin Boulevard and Village Parkway for future electrical service; and

WHEREAS, the City of Dublin did, on June 19, 2025, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and

WHEREAS, said bids were submitted to Staff, and Golden Bay Construction , Inc. was determined to be the lowest responsive and responsible bidder for doing said work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project, attached hereto as Exhibit B.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest, responsive, and responsible bidder, Golden Bay Construction, Inc., at a bid of five -hundred seventy -two thousand three -hundred ninety -seven dollars and zero cents ($572,397.00), the particulars of which bids are on file at the Office of the Public Works Director.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager, or designee, to approve project contract change orders based on the appropriated funds designated for the Project up to the contingency amount of sixty-thousand dollars and zero cents ($60,000.00).

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Golden Bay Construction, Inc., attached hereto as Exhibit A to this Resolution.

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

78 Reso. No. XX-25, Item X.X, Adopted 07/15/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

79 Attachment 2

CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568

CONSTRUCTION AGREEMENT

The City of Dublin, (“City”) enters into this agreement, dated for reference purposes only, with Golden Bay Construction, Inc. (“Contractor”).

RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., June 19 , 2025 for the Regional Street Crossing and Village Parkway Conduit Project by published notice and/or posting pursuant to California Public Contract Code Section 20164 and other applicable law.

B. BID OPENING. On June 19, 2025, City representatives opened the bids for the Regional Street Crossing and Village Parkway Conduit Project and read the bids aloud.

C. PROJECT AWARD. On July 15, 2025, the City Council awarded the Regional Street Crossing and Village Parkway Conduit Project to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor’s providing executed copies of all documents specified in the contract check list included in the bid package within fifteen (15) calendar days of receiving written notice of award of the project.

D. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within fifteen (15) calendar days of receiving written notice of award.

AGREEMENT TERMS

The City and the Contractor agree as follows:

1. THE WORK . The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the Regional Street Crossing and Village Parkway Conduit (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.

2. LOCATION OF WORK. The Work will be performed at the following location:

Regional Street between Dublin Boulevard and Amador Valley Boulevard and the intersection of Dublin Boulevard at Village Parkway in Dublin, California.

3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within fifty-five (55) working days from the date specified in the City’s Notice to Proceed (“Time for Completion”).

4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this Exhibit A to Resolution
80 agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $ 1,000 per day pursuant to California Government Code Section 53069.85 and section SC -03 of the Special Conditions, and/or obtaining or providing for substitute performance in accordance with the Contract Documents.

5. CONTRACT PRICE AND PAYMENT . As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of $572,397 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated June 19, 2025 and attached to and incorporated in this agreement. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.

6. PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Pursuant to California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. Pursuant to California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.

The Contractor is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations.

The contractor or subcontractor(s) shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chap ter, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Busines s and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to California Labor Code Section 1725.5 at the time the contract is awarded.
81 7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents (“Contract Documents” The Contract documents consist of the Plans as signed by the City Engineer and issued for the project, and the entire set of Specifications incorporating Sections P, IB, GC, SC, TP, including the appendices, all addendums and change orders issued.), all of which are incorporated into and made a part of this agreement as if set forth in full. See section GC-16 general for document precedence in the event there is a conflict that arises from section GC-16 “Document Precedence”, shall be per the following provisions. Written numbers and notes on a drawing govern over graphics, a detail drawing governs over a general drawing, a detail specification governs over a general specification, and a specification in a section governs over a specification referenced by that section. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:

7.1 This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor.

7.2 The Technical Provisions and change orders and other amendments to the Special Conditions signed by authorized representatives of the City and the Contractor.

7.3 The Special Provisions, addenda to the General Conditions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor.

7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor.

7.5 The General Provisions

7.6 The Project Specifications.

7.7 The Revised Standard Specifications.

7.8 The Standard Specifications.

7.9 The City’s standard plans.

7.10 Revised Caltrans standard plans.

7.11 Caltrans standard plans.

7.12 Notice Inviting Bids.

7.13 Instructions to Bidders.

7.14 The successful bidder’s completed Proposal Form and Bidder’s Sheet.

7.15 The successful bidder’s completed Contractor License Information.

7.16 The successful bidder’s completed List of Proposed Subcontractors.

7.17 The successful bidder’s Insurance Certifications.

7.18 The successful bidder’s completed Non-collusion Affidavit.

7.19 The successful bidder’s Debarment Certification.

7.20 The successful bidder’s completed Certificates of Insurance and Endorsements.

7.21 The successful bidder’s executed Performance Bond.

7.22 The successful bidder’s executed Payment Bond.

7.23 Executed Escrow for Deposit Agreement, if applicable.

7.24 Change Order Form.
82 7.25 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract.

7.26 The successful bidder’s Qualification Statement, if any.

7.27 The successful bidder’s signed Signature Form.

8. AMENDMENTS. This Agreement may be amended from time to time as necessary by formal and written amendment executed by the City Manager or his designee and principal acting on behalf of the Contractor.

9. PROVISIONS INCORPORATED BY REFERENCE . Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the State Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in the State Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require.

10. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final.

11. ASSIGNMENT PROHIBITED . The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity.

12. CERTIFICATION OF CONTRACTOR’S LICENSE . By signing this Agreement the Contractor certifies that the Contractor holds a valid Type “ A” license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity.

13. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then 83 the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

14. INSURANCE. Contractor Agrees to have and maintain the insurance coverages and polices set forth in Exhibit A to this Agreement, “Insurance Requirements”, which is incorporated by this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required insurance coverage during this agreement shall constitute a material breach of this Agreement. The cost of such insurance shall be included in the Contractor’s bid.

a. Contractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers’ compensation insurance as required by law.

b. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work.

Subcontractors hired by the Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractors further agree to include thes e same provisions with any sub- subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and will provide proof of compliance to the City.

c. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California.

d. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may terminate this Agreement.

e. At all times during the term of this Agreement, Contractor shall maintain on file with the City a certificate or certificates of the required insurance as set forth in the Exhibit A Insurance Requirements showing that the required insurance policies are in effect in the required amounts.

f. It is requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage for coverage and limits shall be (1) the minimum coverage and limits of coverage and the limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of an insurance policy or proceeds available to the named Insured; whichever is greater.

15. INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees to defend (with legal counsel selected by the City), including the cost to defend, indemnify and hold 84 harmless the City, its elected and appointed officials, officers, attorneys, agents, employees, consultants, and volunteers, and each of them from and against any and all claims, damages, losses and expenses, including attorney’s fees, and from any and all suits, actions or claims filed or brought by and all person or persons arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration. The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Contractor. b. Survival. Contractor and any subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement d. Scope. This section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, and volunteers, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, and, volunteers from such liability. The Contractor will indemnify, defend and hold harmless the City, the City’s officials, officers, employees and volunteers for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid.

16. BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond and payment bond for Labor and Materials, or other guarantees, in the required amounts 85 upon bond forms provided by the City, guarantying the performance of the terms of this Agreement.

17. MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace, restore, or rebuild, as the CITY may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) year period after the date of the City Council‘s acceptance of the project.

This Article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer give a guaranty for a longer period, nor does it limit the other remedies of the City in respect to a latent defect, fraud or implied warranties. Contractor shall furnish the City all appropriate guaranties or warranty certificates upon completion of the project.

18. MAINTENANCE BOND. The Contractor further agrees to post a maintenance bond in the amount equal to at least 10 percent (10%) of the total value of the entire work prior to CITY's acceptance of the project. The maintenance bond shall remain in effect for a period of one (1) year after the City Council’s acceptance of the work to guarantee the repair and/or replacement of the defective materials provided and/or workmanship performed under this contract.

19. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City Shall provide the Contractor with notice of Claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim.

The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification.

20. SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring, and bracing for all trenching and excavations in accordance to applicable Safety Regulations, and the California Labor Code.

Attention is directed to Sections 6423, 6424, 6705, and 6707 of the Labor Code of the State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards-Excavation, and elsewhere within these Contract Documents.

The Contractor shall not commence with any excavation with a depth of five feet or deeper without first complying with all applicable Labor Code and Safety Regulations.

The Contractor shall designate a competent person who is responsible for trench and structure excavation, shall obtain a Cal/OSHA Safety Permit for excavation, and shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

21. CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with the Contract Documents, any changes or extra work must be authorized in writing by the City prior to the Contractor performing said work. Contractor further acknowledges that it is solely responsible for obtaining written authorization from the City and that it shall not be compensated for any additional work performed without said written authorization.

Oral authorization shall not be sufficient to bind the City absent specific written authorization.

86 22. MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public Contract Code Section 20104 et seq.

Executed on _______________________, __________, by

CONTRACTOR CITY OF DUBLIN
________________________________ _________________________________

By:_____________________________ By:_______________________________

Title:___________________________ Title:_____________________________

Attest:

[Attach Notary Page]

By:________________________________
87 EXHIBIT A -- INSURANCE REQUIREMENTS

1. Insurance Requirements. Before commencing any Work under the Contract Documents, Contractor shall furnish to the City satisfactory proof that Contractor has in force continuously for the entire period covered by this Contract the following classes of insurance in the form and with limits specified below.

1.1 Commercial General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage no less broad than that of the current ISO Commercial General Liability policy (Occurrence Form, number CG 00 01). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations, contractual liability, personal and advertising injury. Contractor shall keep the commercial general liability insurance in place for 10 years following completion of the work. The commercial general liability insurance limits shall be dedicated solely to the specific Project described in the Contract Documents, and shall have limits not less than:

1.1.1 $1 million each Occurrence;

1.1.2 $1 million each Occurrence for personal injury and advertising injury;

1.1.3 $2 million aggregate for products and completed operations;

1.1.4 $2 million general aggregate limit, which shall apply separately and be reinstated annually.

Except for any exclusions relating to EIFS, lead and asbestos risks, the policy shall not contain any exclusions directed toward any types of projects, materials, or processes involved in the Work. Coverage shall include but not be limited to the following and shall not include any endorsements restricting these coverages:

1.1.5 Contractual liability to cover liability assumed under the Contract Documents;

1.1.6 Products/Completed Operations Liability Insurance;

1.1.7 Broad Form Property Damage;

1.1.8 Explosion, collapse and underground hazards, if such exposure exists;

1.1.9 Independent subcontractors;

1.1.10 Severability of interests;

1.1.11 Cross liability;

1.1.12 Limited Professional Liability - contractor means and methods - CG 2279.

Any self-insured retention shall be selected by the City pursuant to these requirements.
88 1.2 Business Auto Insurance covering all owned, non-owned, and hired vehicles on and off-site. Such insurance shall provide coverage not less than the standard ISO Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12, CA 00 20), with limits not less than $2 million each accident, and $2 million each occurrence for claims subject to the Motor Carrier Act of 1980. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor shall provide pollution auto coverage equivalent to that provided under the ISO pollution liability-broaden coverage for covered autos endorsement (CA 99 48) shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be attached. Any statutorily required “No-Fault” benefits and uninsured/underinsured motorists coverage should be included.

1.3 Worker’s Compensation and Employers Liability Insurance for all persons whom the Contractor may employ carrying out Work contemplated under the Contract Documents, in accordance with the Act of Legislature of State of California, known as “Worker’s Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount. Coverages and limits shall include:

1.3.1 Worker’s Compensation – statutory limit;

1.3.2 Employer’s liability;

(a) $1 million bodily injury for each accident;

(b) $1 million bodily injury by disease for each employee;

(c) $1 million bodily injury disease aggregate;

1.3.3 Voluntary Compensation;

1.3.4 If there is an exposure or injury to Contractor’s employees under the US Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employees, coverage shall be included for all such injuries or claims.

1.4 Umbrella/Excess Liability Insurance on an Occurrence basis in excess of the underlying insurance identified in paragraphs 1.1, 1.2, and 1.3.2 above, and which is at least as broad as each and every one of the underlying policies. The umbrella/excess liability policy shall be written on a “drop- down-following form” basis, with only such exceptions as the City shall expressly approved in writing.

The amounts of insurance required in paragraphs 1.1, 1.2, and 1.3.2 and this Section may be satisfied by Contractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified below for these types when added to the limit for this section. The umbrella/excess liability insurance limits shall be dedicated solely to the specific Project described in this Contract Documents, and shall have limits of not less than the following amounts:

89 1.4.1 $5 million any one occurrence and annually reinstating General Aggregate; and

1.4.2 $5 million any one occurrence and Aggregate Products/Completed Operations.

The umbrella/excess liability insurance shall be kept in place for 10 years following completion of the work. Any self-insured retention shall be selected by the City pursuant to these requirements.

1.5 Contractor’s equipment. Contractor will maintain All Risk Equipment Insurance covering all risk of physical damage to equipment provided for use at the Project site by the Contractor, whether owned, leased, rented, borrowed or used at the Project site. Contractor agrees to waive and does hereby waive its rights of recovery against the City and each of its officers, employees, consultants and agents including, but not limited to the City’s council members and each City representative, as to any damage or loss which may occur to its equipment to the extent covered by insurance. Contractor will have the insurance company specifically agree to this waiver. If uninsured, Contractor will hold harmless the City and each of its officers, employees, consultants and agents including, but not limited to the City’s Board of Trustees and each City representative, for loss or damage to its tools and equipment.

1.6 Contractors Pollution Legal Liability Insurance covering claims for bodily injury, property damage, including mold and loss of use of damage property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any pollution conditions arising from Contractor’s operations or completed operations, performed by or on behalf of Contractor. Completed operations coverage will remain in effect for no less than 5 years after substantial completion of the work. Such coverage shall be written on an occurrence basis and shall apply to sudden and non- sudden pollution conditions and shall be placed with an insurer and in a form acceptable to the City. If any pollution liability coverages cannot be obtained on an occurrence form, after using best efforts to do so, such coverages may be provided on a claims-made basis. The pollution legal liability policy shall be dedicated solely to the specific Project described in the Contract Documents, and shall have limits not less than $5 million per occurrence and in the aggregate. Any self -insured retention shall be selected by the City pursuant to these requirements.

1.7 Builder’s Risk. The Contractor must, at the Contractor’s own expense, maintain a builder’s risk policy covering “all risks”, including special form including extended coverage and vandalism, and malicious mischief endorsements. The policy must name the City and the Contractor as insureds. Such insurance must be carried in the amount of 100% of the Contract Price. In the event of a partial or total destruction of any or all of the Work at any time prior to the completion and acceptance thereof, the Contr actor shall promptly reconstruct all Work so destroyed or injured at the Contractor’s own cost and expense and at no cost to the City.

90 1.8 If any aircraft are to be used in the performance of the work, Contractor shall provide Aircraft Liability Insurance (including owned and non-owned) with the following minimum limits: Bodily Injury – $10 million each occurrence, $2 million each person; Property Damage – $10 million each occurrence.

1.9 All policies of insurance shall be placed with insurers acceptable to the City. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for Worker’s Compensation) must have a rating of A XV or better in the most recent edition of Best’s Insurance Reports or otherwise satisfactory to the City. Required minimum amounts of insurance may be increased should conditions of Work, in the sole opinion of the City, warrant such increase. Contractor shall increas e required insurance amounts upon direction by the City.

2. Certificates of Insurance.

2.1 Contractor shall furnish the City with certificates of insurance completed by a duly authorized representative evidencing coverage required under Section 1 of these requirements. Such certificates shall be delivered to the City before any Work hereunder is commenced by Contractor and annually thereafter on or before the policy effective dates of Contractor’s general liability insurance policy, and shall provide that no coverage under the policy shall be terminated, canceled or materially modified unless and until at least thirty (30) days prior written notice has been given to the City. Contractor shall inform the City in writing thirty (30) days prior to terminating or materially modifying coverage required in these requirements.

2.2 Failure of the City to demand such certificate or other evidence of full compliance with these insurance requirements, or failure of the City to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such insurance.

2.3 The City’s acceptance of delivery of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by the City that the insurance requirements have been met or that the insurance policy shown in the certificates of insurance are in compliance with the requirements.

2.4 The City has the right, but not the obligation, of prohibiting Contractor or any subcontractor from entering the Project site until the City receives all certificates or other evidence that insurance has been placed in complete compliance with these requirements.

2.5 If any of the coverages are required to remain in force after Substantial Completion, Contractor shall submit an additional certificate evidencing continuation of such coverage with its final billing and at each subsequent renewal of Contractor’s insurance.

3. Required Endorsements. Except as provided below, the policies required under Section 1 of these requirements shall be endorsed, in a form and manner acceptable to the City, providing as follows:

91 3.1 Except with regard to the Worker’s Compensation and Employer’s Liability Insurance, the City, its parent, subsidiary and affiliated organizations, and its City council, employees, representatives, consultants, and agents, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured. Such additional insured endorsement for Commercial General Liability and excess/umbrella coverages shall be equivalent to ISO form GC 20 10 07 04, together with ISO form GC 20 37 07 04. The additional insured requirement for Commercial General Liability and excess/umbrella coverages is for the duration of this Agreement and an additional ten (10) years following Substantial Completion of the Work.

3.2 Except with regard to the Worker’s Compensation and Employer’s Liability insurance, each policy, including additional insured coverages, shall be primary and no other insurance or self -insured retention carried or held by the City shall be called upon to contribute to a loss covered by insurance for the named insured.

3.3 The insurance carriers waive their rights of subrogation against the City and all additional insureds, as well as other insurance carriers for the Work.

3.4 Declarations pages required. Contractor or its insurance broker shall submit a copy of the declarations page for each policy. The page shall include the name of the carrier, policy number, the types of coverages and limits, the effective dates of the policy, and the broker’s name and license number.

4. Certificates of Insurance and Endorsements shall have clearly typed thereon the City’s name and title of the Contract Documents. Written notice of cancellation, non- renewal, or reduction in coverage of any policy shall be mailed to the City Manager at 100 Civic Plaza, Dublin, CA, 94568, 30 days in advance of the effective date of the cancellation, non-renewal, or reduction in coverage. Contractor shall maintain insurance in full force and effect during entire period of performance of this Agreement, and s uch additional periods as required in these requirements. At the time of making an application for extension of the Time for Completion, and during all periods exceeding the Time for Completion resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. Upon the City’s request, Contractor shall submit to the City, within 10 days, copies of the actual insurance policies or renewals or replacements.

5. Insurance Primary. All limits and coverage is required of the Contractor in these requirements shall be primary over any insurance or self -insurance program carried by the City and the additional insureds.

6. Joint ventures. If the Contractor is a joint venture involving two or more entities, each independent entity will satisfy the limits and coverage is specified in these requirements or the joint venture will be named insured under each policy specified.

7. Waiver of Right to Recovery Including Subrogation. Contractor hereby waives all its rights of recovery and shall require all insurance policies in any way related to the Work secured and maintained by the Contractor to include clauses stating each insurer will waive all rights of recovery, under subrogation or otherwise, against the City and all tiers of contractors or consultants engaged directly by the City. Contractor will require all tiers 92 of subcontractors, vendors and suppliers, by appropriate written agreements, to provide similar waivers each in favor of all parties enumerated in this paragraph.

8. Cooperation. Contractor shall fully cooperate, participate, and comply with all reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of the required policies, in all areas of safety, insurance program administration, claim reporting and investigating, and audit procedures.

9. If injury occurs to any employee of Contractor, subcontractor, or sub- subcontractor for which the employee, or the employee’s dependents in the event of the employee’s death, is entitled to compensation from the City under provisions of the Worker’s Compensation Insurance and Safety Act, as amended, or for which compensation of any kind is claimed from the City, the City may retain out of sums due Contractor under the Contract Documents, an amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If the City is compelled to pay compensation, the City may, in its discretion, either deduct and retain from the Contract Price the amount so paid, or require Contractor to reimburse the City.

10. Nothing in these requirements shall be construed as limiting in any way the extent to which Contractor or any subcontractor may be held responsible for payment damages resulting from their operations. Contractor’s obligations to procure insurance are separate and independent of, and shall not limit Contractor’s contractual indemnity and defense obligations. The City does not represent that coverages and limits required in this contract will necessarily be adequate to protect the Contractor.

11. Except for Worker’s Compensation coverages, Contractor shall by appropriate written agreements flow-down the additional insured coverage, certificate, endorsement, waiver of subrogation, and all other requirements of these requirements to all tiers of subcontractors for all insurance required of such subcontractors by Contractor for the work.

12. Contractor shall pay all insurance premiums including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, the City may take out comparable insurance, and deduct and retain a mount of premium from any sums due Contractor under the Contract Documents. If the aggregate limits on any Contractor’s insurance policy are no longer available, Contractor must notify the City and immediately, at Contractor’s expense, purchase replacemen t coverage to meet the insurance requirements as specified in these requirements.

Alternatively, the Contractor’s failure to maintain the required insurance shall be grounds for a termination for default in accordance with the Contract Documents.

END OF INSURANCE REQUIREMENTS

93 Attachment 3
Exhibit B
Regional Street Crossing and Village Parkway Conduit Project Plans and Specifications

Plans: https://www.dublinplanroom.com/projects/1925/plans/citywide-bicycle-and- pedestrian-regional-street-crossing/?preview=22769

Specifications: https://www.dublinplanroom.com/projects/1925/specs/citywide-bicycle- and-pedestrian-regional-street-crossing/?preview=22770
94 Attachment 4
Citywide Bicycle and Pedestrian Improvements - Regional Street Crossing & Downtown Dublin - Village Parkway Conduit ST0517 & PA0123
Bid Date:

ITEM Qty. UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $42,055.00 $42,055.00 $15,000.00 $15,000.00 $71,440.00 $71,440.00 $34,000.00 $34,000.00 $43,750.00 $43,750.00 2 1 LS $6,500.00 $6,500.00 $2,500.00 $2,500.00 $2,600.00 $2,600.00 $10,000.00 $10,000.00 $33,250.00 $33,250.00 3 1 LS $25,000.00 $25,000.00 $166,000.00 $166,000.00 $48,000.00 $48,000.00 $30,000.00 $30,000.00 $37,500.00 $37,500.00 4 1 LS $6,500.00 $6,500.00 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $10,000.00 $10,000.00 $35,000.00 $35,000.00 5 1 LS $800.00 $800.00 $18,400.00 $18,400.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,800.00 $4,800.00 6 1 LS $2,400.00 $2,400.00 $2,600.00 $2,600.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $4,500.00 $4,500.00 7 1 LS $500.00 $500.00 $9,500.00 $9,500.00 $1,000.00 $1,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 8 1 LS $2,000.00 $2,000.00 $25,200.00 $25,200.00 $9,000.00 $9,000.00 $12,000.00 $12,000.00 $8,250.00 $8,250.00 9 100 CY $260.00 $26,000.00 $270.00 $27,000.00 $425.00 $42,500.00 $200.00 $20,000.00 $250.00 $25,000.00 10 60 SY $54.00 $3,240.00 $64.00 $3,840.00 $91.00 $5,460.00 $250.00 $15,000.00 $150.00 $9,000.00 11 1,700 SF $8.00 $13,600.00 $5.00 $8,500.00 $12.00 $20,400.00 $12.00 $20,400.00 $15.00 $25,500.00 12 220 SF $11.00 $2,420.00 $5.00 $1,100.00 $14.00 $3,080.00 $15.00 $3,300.00 $20.00 $4,400.00 13 290 SF $12.00 $3,480.00 $12.00 $3,480.00 $14.00 $4,060.00 $18.00 $5,220.00 $25.00 $7,250.00 14 60 LF $18.00 $1,080.00 $21.00 $1,260.00 $10.00 $600.00 $50.00 $3,000.00 $40.00 $2,400.00 15 270 LF $25.00 $6,750.00 $21.00 $5,670.00 $20.00 $5,400.00 $40.00 $10,800.00 $30.00 $8,100.00 16 190 TON $370.00 $70,300.00 $312.50 $59,375.00 $576.00 $109,440.00 $300.00 $57,000.00 $480.00 $91,200.00 17 2500 SF $18.00 $45,000.00 $18.50 $46,250.00 $20.00 $50,000.00 $30.00 $75,000.00 $35.00 $87,500.00 18 340 LF $80.00 $27,200.00 $85.00 $28,900.00 $60.00 $20,400.00 $100.00 $34,000.00 $180.00 $61,200.00 19 20 LF $78.00 $1,560.00 $52.00 $1,040.00 $45.00 $900.00 $120.00 $2,400.00 $175.00 $3,500.00 20 35 LF $45.00 $1,575.00 $30.00 $1,050.00 $50.00 $1,750.00 $120.00 $4,200.00 $145.00 $5,075.00 21 200 SF $25.00 $5,000.00 $28.00 $5,600.00 $25.00 $5,000.00 $70.00 $14,000.00 $55.00 $11,000.00 22 360 SF $35.00 $12,600.00 $31.00 $11,160.00 $30.00 $10,800.00 $50.00 $18,000.00 $50.00 $18,000.00 23 360 SF $31.00 $11,160.00 $35.00 $12,600.00 $32.00 $11,520.00 $45.00 $16,200.00 $30.00 $10,800.00 24 100 SF $50.00 $5,000.00 $62.00 $6,200.00 $26.00 $2,600.00 $80.00 $8,000.00 $75.00 $7,500.00 25 180 SF $20.00 $3,600.00 $12.50 $2,250.00 $39.00 $7,020.00 $60.00 $10,800.00 $10.00 $1,800.00 26 1 EA $1,000.00 $1,000.00 $250.00 $250.00 $2,900.00 $2,900.00 $3,500.00 $3,500.00 $2,250.00 $2,250.00 27 1 EA $11,000.00 $11,000.00 $8,900.00 $8,900.00 $21,200.00 $21,200.00 $35,000.00 $35,000.00 $14,750.00 $14,750.00 28 1 EA $46,000.00 $46,000.00 $36,550.00 $36,550.00 $37,000.00 $37,000.00 $65,150.00 $65,150.00 $32,750.00 $32,750.00 29 1 EA $19,000.00 $19,000.00 $17,300.00 $17,300.00 $18,000.00 $18,000.00 $35,000.00 $35,000.00 $15,250.00 $15,250.00 30 2 EA $6,500.00 $13,000.00 $5,200.00 $10,400.00 $17,000.00 $34,000.00 $15,000.00 $30,000.00 $17,250.00 $34,500.00 31 17 LF $275.00 $4,675.00 $450.00 $7,650.00 $600.00 $10,200.00 $1,500.00 $25,500.00 $515.00 $8,755.00 32 2 EA $6,100.00 $12,200.00 $8,500.00 $17,000.00 $8,400.00 $16,800.00 $6,000.00 $12,000.00 $3,200.00 $6,400.00 33 1 EA $190.00 $190.00 $220.00 $220.00 $115.00 $115.00 $500.00 $500.00 $100.00 $100.00 34 1 EA $330.00 $330.00 $375.00 $375.00 $115.00 $115.00 $600.00 $600.00 $350.00 $350.00 35 3 EA $440.00 $1,320.00 $500.00 $1,500.00 $170.00 $510.00 $900.00 $2,700.00 $200.00 $600.00 36 3 EA $715.00 $2,145.00 $820.00 $2,460.00 $490.00 $1,470.00 $2,000.00 $6,000.00 $650.00 $1,950.00 37 1 LS $9,350.00 $9,350.00 $10,700.00 $10,700.00 $9,800.00 $9,800.00 $9,200.00 $9,200.00 $2,500.00 $2,500.00 38 90 LF $16.50 $1,485.00 $19.00 $1,710.00 $17.00 $1,530.00 $25.00 $2,250.00 $25.00 $2,250.00 39 450 LF $3.00 $1,350.00 $4.00 $1,800.00 $3.50 $1,575.00 $9.00 $4,050.00 $8.00 $3,600.00 40 170 LF $3.00 $510.00 $4.00 $680.00 $3.50 $595.00 $9.00 $1,530.00 $4.00 $680.00 41 78 SF $16.50 $1,287.00 $19.00 $1,482.00 $17.00 $1,326.00 $16.00 $1,248.00 $15.00 $1,170.00 42 210 LF $3.50 $735.00 $4.00 $840.00 $3.50 $735.00 $7.00 $1,470.00 $7.00 $1,470.00 43 100 LF $40.00 $4,000.00 $45.00 $4,500.00 $41.00 $4,100.00 $36.00 $3,600.00 $65.00 $6,500.00 44 1 LS $85,000.00 $85,000.00 $108,400.00 $108,400.00 $110,000.00 $110,000.00 $105,250.00 $105,250.00 $127,000.00 $127,000.00 45 1 LS $32,500.00 $32,500.00 $24,500.00 $24,500.00 $64,000.00 $64,000.00 $29,500.00 $29,500.00 $77,000.00 $77,000.00 TOTAL $572,397.00 * $724,692.00 $781,441.00 $809,368.00 $896,100.00 * Mathematical error "summation of bid items"
List of Sub-Contractors
Utility Storm Drain John Boylan Engineering, Inc.

Zara Construction
Zara Construction
Gremelli Industries
Asphalt Impressions
T.D.W Construction
Tully Consulting Group
Remove Conflicting Striping and Pavement Markings
Thermoplastic Traffic Stripe (24") (White)
Asphalt Impressions
T.D.W Construction
Traffic Control
W. Bradley Electric
Remove Concrete (Driveway)
Remove Concrete (Valley Gutter)
Remove Concrete (Curb)
Thermoplastic Traffic Stripe (Detail 39)
FBD Vangaurd Construction
Inc.

FBD Vangaurd Construction
Inc.

Remove Concrete (Curb and Gutter)
Hot Mix Asphalt (Type A)
Sidewalk
Curb and Gutter
Thermoplastic Traffic Stripe (Detail 39A)
Concrete Curb (Type A1-6)
6" Retaining Curb
Install Roadside Sign
Install Post and Foundation for Roadside Sign
Remove Roadside Sign
Install New Tree Well Grate
Install Modified Type A Inlet
Remove Post and Foundation for Roadside Sign
Wood Bark Mulch
Water Polution Control Work (Village Parkway)
Clear and Grub
Sheeting, Shoring, and Bracing
Roadway Excavation

0.17' Cold Plane Asphalt Concrete
Remove Concrete (Sidewalk)
Survey Mike O'dell Surveys
Water Pollution Control Plan
MZB Engineering
Ray's Electric
Ray's Electric
Asphalt Impressions
Underground
Striping and Signage
Textured Asphalt Pattern
Bayside StripeSierra Traffic Markings
Gremelli Industries
Sierra Traffic Markings
Asphalt Impressions
Sposeto Engineering Inc.

Asphalt Impressions
Gremelli Industries
Sposeto Engineering Inc.

APPARENT LOW BIDDER
Golden Bay Construction Inc.

Golden Bay Construction Inc.

CITY OF DUBLIN

ENGINEERING DIVISION

BID SUMMARY
June 19, 2025
Project Name:

Project No. :

PUBLIC WORKS DEPARTMENT
Electrical
15" RCP Class IV
Description
Install Storm Drain Inlet
Reconstruct Existing Storm Drain Manhole Top
Red Curb Paint
Traffic Control and Public Convenience (Regional Street) Traffic Control and Public Convenience (Village Parkway) Watter Pollution Control Work (Regional Street)
RRFB Installation and Street Light Modification
Thermoplastic Green Bike Lane Striping
Thermoplastic Pavement Marking (Arrows, Words, Symbols) Conduit Installation at Village Pkwy & Dublin Blvd

DESCRIPTION
Driveway
Install Storm Drain Manhole
Textured Asphalt Pattern
Adjust Utility to Grade

BASE BID
Striping Sierra Traffic Markings Tri-Valley Striping
Valley Gutter
Mobilization (Regional Street)
Mobilization (Village Parkway)
Detectable Warning Surface
95 Citywide Bicycle and Pedestrian
Improvements
Overview
Project Number ST0517
Description
This project includes planning, design, and construction of improvements tovarious pedestrian and bicycle facilities throughout the City, including pedestrian/bicycle bridges and annual sidewalk repair. This project includes design and construction of improvements recommended in the updated Bicycle and Pedestrian Plan, whichwas adopted bythe City Council on January10, 2023, as well as the SafeRoutes toSchool improvements. The project also includes an updatetothe Americans with Disabilities Act (ADA) Transition Plan and implementation of Public Right-of-way Accessibility Guidelines (PROWAG). The plan updatewill include a reviewof City buildings, parks, and rights-of-way.

Capital Cost
Historical
$4.66M
FY2025 Budget
$2.47M
Total Budget (all years)
$7.33M
Project Total (todate)
$12M
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 9400- Improvements $3,173,298 $1,861,445 $2,381,000 $525,000 $525,000 $525,000 $0 $8,990,743 9200- ContractServices $1,314,668 $555,000 $200,000 $200,000 $200,000 $200,000 $0 $2,669,668 9100- Salaries& Benefits $127,372 $50,728 $20,000 $20,000 $20,000 $20,000 $0 $258,100 9500- Miscellaneous $40,034 $7,500 $5,000 $5,000 $5,000 $5,000 $0 $67,534 Total $4,655,372 $2,474,673 $2,606,000 $750,000 $750,000 $750,000 $0 $11,986,045 Table of ContentsCitywide Bicycle and Pedestrian Improvements 2024-2029 Five-Year Capital Improvement Program Update | Dublin Attachment 5 96
Funding Sources
Historical
$4.66M
FY2025 Budget
$2.47M
Total Budget (all years)
$7.33M
Project Total (todate)
$12M
Operational Costs
FY2025 Budget
$12K
Total Budget (all years)
$12K
Project Total
$12K
Project Timeline
● 01/10/2023
Adopted updated Bicycle and Pedestrian Plan.
● 07/1/2024
In July2024, the Citywas awarded $400,000 in funding fromAlameda CountyHealthServices Department through the EnhancingVision2026(EV2026)Fundand willbeused for the Regional StreetMid-block Crossingproject.
● 09/25/2024
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 2214- Measure BBSales Tax
- Local Streets Fund
(AlamedaCTC)
$1,471,600 $630,000 $250,000 $250,000 $250,000 $250,000 $0 $3,101,600 2215- Measure BBSales Tax
- Bike& Ped. Fund
(AlamedaCTC)
$601,872 $698,228 $250,000 $250,000 $250,000 $250,000 $0 $2,300,100 2220- RoadMaint. & Rehab
Account (RMRA)
$0 $355,000 $250,000 $250,000 $250,000 $250,000 $0 $1,355,000 2217- Measure BBGrants $135,000 $0 $1,053,000 $0 $0 $0 $0 $1,188,000 1001- General Fund $858,000 $105,000 $0 $0 $0 $0 $0 $963,000 2924- VRF (ACTC)Grants $0 $0 $803,000 $0 $0 $0 $0 $803,000 2212- Vehicle Registration
Fee (AlamedaCTC)
$726,000 $0 $0 $0 $0 $0 $0 $726,000
2204- Measure B Sales Tax
- Local Streets Fund
(AlamedaCTC)
$510,000 $0 $0 $0 $0 $0 $0 $510,000
2203- Transportation
Development Act
$210,000 $286,445 $0 $0 $0 $0 $0 $496,445
2923- Alameda County
Grant
$0 $400,000 $0 $0 $0 $0 $0 $400,000
2205- Measure B Sales Tax -
Bike& Ped. Fund(Alameda
CTC)
$142,900 $0 $0 $0 $0 $0 $0 $142,900
Total $4,655,372 $2,474,673 $2,606,000 $750,000 $750,000 $750,000 $0 $11,986,045 Citywide Bicycle and Pedestrian Improvements
2024-2029 Five-Year Capital Improvement Program Update | Dublin 97 OnSeptember 25, 2024, Staff was notied that the Citywas awarded $286,445inTransportation Development Act (TDA) fundingafter approvalbythe MetropolitanTransportationCommission(MTC) in March 2025, which willbeusedfor pedestrianand trail improvements along Amador Valley Boulevard and atthe IronHorse RegionalTrail crossing.
● 05/22/2025
OnMay 22, 2025Alameda CTC awarded grant funding inthe amount of$1,053,000 inMeasure BB funds and $803,000inVRF fundsfor San Ramon Roadand AmadorValley Boulevard intersection improvements,whichwillbeallocated in Fiscal Year2025-26. ● 07/1/2025
The SafeRoutestoSchoolimprovements atthe intersections ofCentral Parkway at Aspen Street and HiberniaDrive, Grafton StreetatAntoneWay, and Amador Valley Boulevard atBurton Street are anticipated tobecompleted late2025.The DowntownDublinpedestrian crossingimprovements on RegionalStreetisanticipated tobegin construction insummer 2025. TheADA Transition Planupdate, funded bythe General Fund, isanticipated tobecompleted in2026.

Citywide Bicycle and Pedestrian Improvements
2024-2029 Five-Year Capital Improvement Program Update | Dublin 98 Downtown Dublin
Overview
Project Number PA0123
Description
This project provides for public art commissions in Downtown Dublin. The project includes a comprehensivereviewof existing Downtown Dublin planning documents and the Public Art Master Plan, as well as the development of a guide for public art in the Downtown.

Capital Cost
Historical
$650K
FY2025 Budget
$300K
Total Budget (all years)
$850K
Project Total (todate)
$1.5M
Funding Sources
Historical
$650K
FY2025 Budget
$300K
Total Budget (all years)
$850K
Project Total (todate)
$1.5M
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 9400-
Repairs/Improvements
$300,000 $300,000 $300,000 $250,000 $0 $0 $0 $1,150,000 9500- Miscellaneous $250,000 $0 $0 $0 $0 $0 $0 $250,000 9200- ContractServices-
Engineering/Architecture
$75,040 $0 $0 $0 $0 $0 $0 $75,040
9100- Salaries& Benefits-
Planning
$24,960 $0 $0 $0 $0 $0 $0 $24,960
Total $650,000 $300,000 $300,000 $250,000 $0 $0 $0 $1,500,000 Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 2801- PublicArt Fund $650,000 $300,000 $300,000 $250,000 $0 $0 $0 $1,500,000 Total $650,000 $300,000 $300,000 $250,000 $0 $0 $0 $1,500,000 Table of ContentsDowntown Dublin
2024-2029 Five-Year Capital Improvement Program Update | Dublin Attachment 6 99
Operational Costs
FY2025 Budget
$0
Total Budget (all years)
$5K
Project Total
$5K
Project Timeline
● 07/1/2025
The planning phase began in 2025.

Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total General Maintenance $0 $0 $0 $5,000 $0 $0 $0 $5,000
Total $0 $0 $0 $5,000 $0 $0 $0 $5,000
Downtown Dublin
2024-2029 Five-Year Capital Improvement Program Update | Dublin 100

STAFF REPORT

CITY COUNCIL

Agenda Item 5.6
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Amendment to the Letter of Agreement with the Dublin San Ramon Services District for Continued Administration of the Sewer Capacity Assistance Program
Prepared by: Felicia Escover, Economic Development Manager

EXECUTIVE SUMMARY:

The City Council will consider approving an amendment to the Letter of Agreement with the Dublin San Ramon Services District for the continued administration of the Sewer Capacity Assistance Program. The amendment consolidates previous agreements and incorporates updated program terms and a 10-year extension of the program through June 30, 2035.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Amended Letter of Agreement with Dublin San Ramon Services District for the Continued Administration of the Sewer Capacity Assistance Program.

FINANCIAL IMPACT:

There is no direct cost associated with executing the amended Letter of Agreement. Extending the Sewer Capacity Assistance Program facilitates the attraction of commercial properties to Dublin, providing a general economic benefit to the City.

DESCRIPTION:

Background
On May 4, 2010, the City Council adopted Resolution No. 53-10 approving the creation of a Sewer Capacity Assistance Program in partnership with Dublin San Ramon Services District (DSRSD). The Program, which has been amended and extended multiple times since its inception, allows the City to transfer unused sewer capacity from City-owned properties to private properties, supporting the recruitment, renovation, and re-use of commercial properties in Dublin.

Through the Program, the City initially transferred 66.2 Dwelling Unit Equivalents (DUEs) of 101

sewer capacity. An additional 63.24 DUEs were allocated in January 2015. The Program has successfully attracted restaurants and other businesses to Dublin by helping reduce upfront wastewater-related costs. To date, 17 businesses and/or property owners have participated, leaving a remaining balance of 21.93 DUEs.

On May 20, 2025, the City Council adopted Resolution No. 31-25, extending the Program through June 30, 2030. Following this action, DSRSD staff proposed additional updates to streamline Program administration and recommended extending the Program further to June 30, 2035. Key proposed updates include:

 DUEs allocated to a parcel will remain with that parcel and may not be reallocated back to the City;
 The City will provide a schedule and plan for the use of the remaining DUEs;  The City and DSRSD will meet annually to review and update the Program; and  The City and District will establish mutually agreed-upon procedures to simplify Program administration.

City Staff support these changes, which will enhance long-term economic development efforts by continuing to offset wastewater-related costs for new, expanding, and relocating businesses. The amended Letter of Agreement incorporates these updates and extends the Program accordingly.

STRATEGIC PLAN INITIATIVE:

Strategy 1: Economic Development, Small Business Support, and Downtown Dublin.

Objective D: Continue to evaluate and implement small business programs that provide financial assistance, business development, permit processing, and support services to the community.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and the Staff Report was shared with Dublin San Ramon Services District in advance of the meeting.

ATTACHMENTS:

1) Resolution Approving the Amended Letter of Agreement with Dublin San Ramon Services District for the Continued Administration of the Sewer Capacity Assistance Program 2) Exhibit A to the Resolution - Amended Letter of Agreement for the Administration of Unused City of Dublin Wastewater Capacity

102
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 THE AMENDED LETTER OF AGREEMENT WITH DUBLIN SAN RAMON

SERVICES DISTRICT FOR THE CONTINUED ADMINISTRATION OF THE SEWER

CAPACITY ASSISTANCE PROGRAM

WHEREAS, the City of Dublin and the Dublin San Ramon Services District (DSRSD) established the Sewer Capacity Assistance Program in 2010 to allow the City to transfer unused sewer capacity from City -owned properties to private properties in order to support economic development and encourage the reuse and renovation of properties in the City; and

WHEREAS, the Program has successfully supported 17 businesses and /or property owners and has served as an effective tool for business attraction; and

WHEREAS, the Program has been amended and extended multiple times since its inception, including through Resolutions N o. 53 -10, 67 -13, 161 -14, 34 -19, and most recently through 31-25, which extended the Program through June 30, 2030; and

WHEREAS, on June 3, 2025, DSRSD adopted Resolution No. 20 -25 formalizing a further 10-year extension of the Program through June 30, 2035, and requested that the City execute a new Amended Letter of Agreement consolidating and replacing all prior agreements; and

WHEREAS, the Amended Letter of Agreement includes updated program terms, such as a revised capacity limit of 21.93 Dwelling Unit Equivalents (DUEs), a requirement to submit a written utilization plan, and clarified procedures for allocation and project-specific agreements, as further described in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Amended Letter of Agreement with the Dublin San Ramon Services District for the continued administration of the Sewer Capacity Assistance Program.

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

BE IT FURTHER RESOLVED that the City Manager is authorized to make changes to the Program’s procedures to streamline the Program’s administration.

{Signatures on the following page}

103
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2

PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

104
H:\ENGDEPT\PERMITS\Development\Industrial_Commercial\City of Dublin\City of Dublin DUE Program\Revised Letter of Agreement\Revised Letter of Agreement - DUE reallocation_06.24.2025_final.docx
June 24, 2025
Colleen Tribby, City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
SUBJECT: Amended Letter of Agreement for the Administration of Unused City of Dublin Wastewater Capacity
Dear Ms. Tribby:

At the request of the City of Dublin (City), on June 17, 2025, the Board of Directors of Dublin San Ramon Services District (District) adopted Resolution No. 20-25(Attachment A) extending certain unused wastewater capacity allocated to City properties. The City wishes to use this wastewater capacity as a credit against wastewater capacity needed for projects on City-owned properties, as credit against wastewater capacity that would otherwise be purchased by new, expanding, or relocating businesses, or as credit against wastewater capacity needed for new development projects (the “Program”). Resolution No. 20-25 acknowledges the prior letter agreements dated May 11, 2010 and February 4, 2016, respectively, and requires a new revised Letter of Agreement between the City and District to consolidate the two existing letter agreements, and to reflect the additional conditions required by the District Board of Directors.

Upon the City's approval and acceptance, evidenced by your signature below, this letter will serve as the Amended Letter of Agreement.

The conditions and procedures for administering the Program shall be as follows:

City shall provide to District Engineer a letter providing the name and contact information for the applicant for the new or expanding business, residential development project, or City Project (hereinafter collectively referenced as the "Project") the City is supporting, the name and contact information for the owner(s) of the property on which the Project is located (if different than the applicant for the Project) and the number of dwelling unit equivalents ("DUEs") the City desires to allocate to the Project.

The District Engineer shall have the discretion to determine whether the number of DUEs the City desires to allocate to the Project are consistent with the wastewater flow Attachment 2
Exhibit A to
the Resolution
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Letter of AgreementPage 2 of 3
H:\ENGDEPT\PERMITS\Development\Industrial_Commercial\City of Dublin\City of Dublin DUE Program\Revised Letter of Agreement\Revised Letter of Agreement - DUE reallocation_06.24.2025_final.docx characteristics, including volume and strength in terms of BOD and SS, for the proposed use. Such determination will be based, at the sole discretion of the District Engineer, on information concerning the wastewater flow characteristics provided by the Applicant, and/or on a schedule of wastewater flow characteristics for the category or categories of use classifications determined by the District Engineer to be most applicable to the proposed use. The Applicant shall be responsible for complying with the District Code of Regulations with respect to commencing wastewater service, including but not limited to the acquisition of all additional DUEs determined to be necessary, the application for a District Facilities Construction Permit and compliance with all conditions thereto, and for paying all fees and changes attributable to the Project. Prior to and as a condition of District authorizing a Project to proceed, City shall sign an agreement with the District, the applicant, and the landowner (if different from the applicant) regarding management of the DUEs allocated for the Project, which agreement shall be substantially in the form attached hereto as Attachment B, which form of agreement shall be revised to conform to this Amended Letter Agreement, and changes made from time to time to pertinent portions of the District Code of Regulations. The Program will be effective for a ten (10) year term, through June 30, 2035, after which date the Program and Amended Letter of Agreement shall terminate and any unused DUE credits made available for reallocation pursuant to the Program will expire. DUEs allocated by the City to any parcel of land for commercial, residential or City projects under the Program shall not be eligible for reallocation back to the City for use on a different parcel should a Program Project fail to proceed. Within one hundred and eighty (180) days after the effective date of this Amended Letter Agreement, the City shall submit to the District a written plan to utilize the remaining DUE credits within the ten (10) years provided. The aggregate total of DUEs allocated under the Program shall not exceed twenty-oneand ninety-three hundredths (21.93) DUEs at any time. As of the effective date (which shall be July 1, 2025), this Amended Letter of Agreement shall supersede the letter agreements as required by Resolution No. 9-10 and No. 5-15 106
Letter of AgreementPage 3 of 3
H:\ENGDEPT\PERMITS\Development\Industrial_Commercial\City of Dublin\City of Dublin DUE Program\Revised Letter of Agreement\Revised Letter of Agreement - DUE reallocation_06.24.2025_final.docx signed on May 11, 2010, and July 7, 2016, respectively, and these prior letter agreements shall expire and be of no further force or effect. If this Amended Letter of Agreement is satisfactory to the City, please sign and return one copy to the District. Sincerely, Jan R. Lee General Manager ACCEPTED for City of Dublin ___________________________ ________ Colleen Tribby Date City Manager Attachments: (A) DSRSD Board Resolution No. 20-25 (B) Dublin Sewer Capacity Transfer Agreement template (C) Letter of Agreement for the Administration of Unused City of Dublin Sewer Capacity (Res No. 9-10) (D) Letter of Agreement for the Administration of Unused City of Dublin Sewer Capacity (Res No. 5-15) JY cc: Steve Delight, District Engineer 107
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AGREEMENT PERMITTING REALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY RIGHTSThis Agreement, made and entered into this _______ day of _________________, 20__, by and between the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the Counties of Alameda and Contra Costa, California (“District”), CITY OF DUBLIN, a general law city in the County of Alameda (“City”), PROPERTY OWNER’S NAME IN ALL CAPS(“Owner”) andAPPLICANT’S NAME IN ALL CAPS (“Applicant”);WITNESSETH: WHEREAS, Applicant has requested and applied for a Certificate of Capacity Rightsfrom the District to receive service from the District’s wastewater facilities; andWHEREAS, City has agreed to allocate City wastewater capacity rights for Applicant’s new, expanding, or relocating business (hereinafter, “project” or “Applicant’s Project”); andWHEREAS, Owner acknowledges the benefits of using such an allocation to support Applicant’s Project, and believes that those benefits outweigh the risk that such an allocation could subsequently be removed from the Owner’s Property if Applicant’s Project is unsuccessful; and WHEREAS, Owner is therefore willing to agree that if Applicant’s Project fails, City may recover the full amount of City’s wastewater capacity rights that City has allocated to Applicant’s project; and WHEREAS, under the circumstances specified in, and pursuant to the provisions of, Resolution No. ______, a portion of City’s wastewater capacity rights may be allocated to Applicant’s Project pursuant to written agreement in a form approved by the District’s Board of Directors; andWHEREAS, City, Owner and Applicant desire to enter into such agreement in the form hereof as heretofore approved by the District’s Board of Directors;NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. Definitions. The following words and terms as used herein shall have themeanings respectively ascribed thereto except to the extent that any one or moreof said definition(s) may from time to time be amended or revised by theDistrict’s Board of Directors through amendment of the District Code affecting(and/or renumbering) the provisions referenced below:A. Applicant – hereinabove described. B. Applicant’s Project – (DESCRIPTION OF PROJECT)1114 C. BOD – defined in the District Code, Section 1.20.080, as follows: “BOD (biochemical oxygen demand)” means the quantity of dissolved oxygen utilized in the biochemical oxidation of organic matter measured using the standard laboratory method therefor, usually expressed in milligrams per liter (mg/L).D. Capacity Rights – defined in the District Code, Section 1.20.080, with respects to wastewater connection, as follows: “Capacity rights” means the flow, BOD and suspended solids (SS) capacity purchased by a user upon obtaining a certificate of capacity rights, or, if such data is not available, the average month loadings of a user during some prior calendar year when it can be shown to the satisfaction of the District Engineer that such prior year’s average month loadings are more representative of a user’s use of the wastewater system.E. Certificate of Capacity Rights – defined in the District Code, Section 1.20.080, as follows: “Certificate of capacity rights” (formerly known as “connection permit” or “sewer permit”) means a certificate granted by the District to an applicant reserving capacity sufficient to provide potable and/or recycled water service through a specified number of equivalent 5/8-inch water meters to be provided on the parcel which will be served by the District, or to provide the wastewater capacity in terms of flow and strength allocated to the parcel to be served by the District, or both. F. District – hereinabove defined.G. District Code – the District Code of the Dublin San Ramon Services District, as adopted, and as amended from time to time by the District’s Board of Directors.H. Local Wastewater Capacity Fee – defined in the District Code, Section 3.70.010.C.2, as follows: Local wastewater capacity reserve fees for service from and use of the District’s wastewater collection system, based on average daily flow proposed to be discharged to the wastewater system, within the area served by the District or a specified portion thereof, as estimated by the District Engineer.I. Non-transferability of certificate of capacity rights – defined in the District Code, Section 3.60.040, as follows: 2115 Capacity rights, when a certificate therefor is issued, shall attach to and run with the lot or parcel of land for which the certificate was issued; capacity rights for multiple parcels, including landscaped parcels along roadways, under common ownership and served by a single irrigation water meter shall attach to and run with the parcels of land for which the certificate was issued. The certificate of capacity rights is not transferable except with the land to which it is attached.J. Owner - hereinabove defined. K. Owner’s Property – Assessor’s Parcel No. __________.L. Regional Wastewater Capacity Reserve Fee – defined in the District Code, Section 3.70.010.C.1, as follows: Regional wastewater capacity reserve fees for service from and use of the District’s regional wastewater treatment plant, as determined by the District Engineer, based on the average daily flow, BOD and SS proposed to be discharged to the wastewater system within the area served by the District or a specified portion thereof as estimated by the District Engineer. M. Residential Discharge Equivalency – as defined herein, as follows: Residential discharge equivalency means a unit of wastewater discharge equal in volume and strength to the discharge of a typical single-family residential user. This shall be 220 gallons per day of flow, 0.42 lb. per day of BOD, and 0.45 lb. per day of SS. N. SS– defined in the District Code, Section 1.20.080, as follows: “SS (suspended solids)” means solids, as measured using the standard laboratory method therefor, that are in suspension in wastewater and which are largely removable by laboratory filtration procedures.Notwithstanding any implication to the contrary, this Agreement shall remain in effect despite the revision or repeal of any of the sections of the District Code, including without limitation those referenced above. 2. Allocated Wastewater Capacity Rights. In response to the Applicant’s requestCity shall, subject to the right to terminate set forth in Paragraph 4, allocateWastewater Capacity Rights to Owner’s Property in the amount of xxxxx gpd(gallons per day) flow, xxxxxpounds per day BOD and xxxxxpounds per day SS[or, xx.xxResidential Discharge Equivalencies, as applicable]. Said allocationshall be provided to Applicant as an equivalent portion of credit toward bothRegional Wastewater Capacity Reserve Fee and Local Wastewater Capacity3116 Reserve Fee due for Applicant’s Project. Said allocation shall become effective upon Applicant’s payment of the remainder of fees due and District issuance to Applicant a Certificate of Capacity Rights for Applicant’s Project. In recognition of the benefits flowing from the allocation of additional Capacity Rights to Owner’s Property as specified in this Agreement, Owner expressly waives the protections that would otherwise be afforded to Owner by the District Code, including without limitation those sections referenced above, to the extent they are determined by the District to be inconsistent with the provisions of this Agreement.3. Term of Agreement; Effect of Termination. This Agreement shall become effective upon the date first hereinabove written and, unless earlier terminated pursuant to Paragraphs 4 or 6 hereof, shall expire ten (10) years from the date of issuance of a Certificate of Occupancy pertaining to the Applicant’s Project located on Owner’s Property. In the event of termination by District pursuant to Paragraph 4 or Paragraph 6 of this Agreement, all rights and privileges of Owner and Applicant hereunder shall cease and terminate, and all Wastewater Capacity Rights allocated pursuant to this Agreement shall forthwith revert to City, and become the property of City, and the Certificate of Capacity Rights issued hereunder shall be amended to reflect the re-allocation to City of all Wastewater Capacity Rights allocated pursuant to this Agreement and the commensurate reduction in Wastewater Capacity Rights allocated to Owner’s Property. District or City may, but shall not be required to, record a Notice of Termination against the Owner’s Property upon which the Applicant’s Project is or was located.Notwithstanding the foregoing, the Wastewater Capacity Rights allocated to Owner’s Property by virtue of the Wastewater Capacity Reserve Fees paid by Applicant shall remain allocated to Owner’s Property and shall run with such land, subject to the provisions of to the District Code relating to the reduction, expiration, or termination of Sewer Permits and Capacity Rights.4. Allocation Expressly Conditional on Continuing Operations:During the term of this Agreement, should the City determine that Applicant’s Project has ceased operations, all rights and privileges of Owner and Applicant under this Agreement, shall cease and, upon the written request of City, the District may terminate this Agreement upon five (5) days’ written notice, whereupon all Wastewater Capacity Rights allocated pursuant to the Certificate of Capacity Rights issued hereunder shall, as specified in Paragraph 3 (Term of Agreement; Effect of Termination), revert to City, and become the property of City. District’s right of termination under this Paragraph 4 is in addition to, and separate from, District’s right of termination pursuant to Paragraph 6 (Hold Harmless). 5. Non-Assignability. Neither this Agreement, nor any interest herein, may be assigned, conveyed, or in any manner transferred by Owner or Applicant to anyone, including any successor to the Owner (of the Owner’s Property) or any 4117 successor to the owner of Applicant’s Project, or to or by one or more tenants thereof, without the prior written consent thereto signed by the City Manager and the District’s General Manager, which consent may be conditioned upon the signature of the successor(s) upon a recordable instrument by which the successor(s) assume(s) all of the rights and obligations of its predecessor under this Agreement, which shall, at the election of either the City of the District, be recorded against the Owner’s Property upon which the Applicant’s Project is or was located. District and City shall not unreasonably withhold its consent to an assignment to the successive owner(s) of Owner’s Property or to the successive owner(s) of Applicant’s Project. Notwithstanding the foregoing, no assignment of the Certificate of Capacity Rights issued hereunder, or the Capacity Rights pertaining thereto, shall be made with respect to any other property than Owner’s Property hereinabove defined except as specified in Paragraphs 2 or 4 above. 6. Hold Harmless. Applicant shall hold harmless, defend, and indemnify District,its Board of Directors, officers, employees, consultants, and agents from andagainst any and all claims, suits, causes of action, or other proceedings fordamages, injuries, losses, costs (including attorneys’ fees and costs of suit or otherdispute resolution processes), or any other liability arising out of, or in connectionwith, the performance, or failure to perform, any of the duties and obligations ofApplicant hereunder. The duty to defend shall include provision for all costs andfees, including attorneys’ fees, associated with such defense, and the selection ofdefense counsel for District, its Board, officers, employees, consultants, andagents shall be by District.The duty of Applicant to indemnify District shall include the duty to defend as set forth in California Civil Code Section 2778; provided that nothing herein contained shall require Applicant to defend against claims for a liability excluded under the provisions of California Civil Code Section 2782. 7. Successors. If, and to the extent, approved by the City Manager and the District’sGeneral Manager pursuant to Paragraph 5 hereof, entitled Non-Assignability, theduties, responsibilities, and rights pertaining and accruing to the parties hereto,shall run with the land, and be binding upon and inure to the benefit of thesuccessors, administrators, assigns, and transferees of the respective partieshereto, subject to the provisions of to the District Code relating to the reduction,expiration, or termination of Certificate of Capacity Rights and Capacity Rights.8. Notices. All notices, necessary or convenient to the performance of the partieshereunder, shall be in writing, and may be given to the parties by personaldelivery, or by mail, first class (or equivalent) postage prepaid, addressed in thecase of District as follows:5118 Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568-3018 Attention: General Managerin the case of City, as follows:City of Dublin100 Civic Plaza Dublin, CA 94568 Attention: City Managerin the case of Owner, as follows: Applicant Company Name Applicant Street Address Applicant City, State, and Zip Attention: Applicant Contact Person and Title and in the case of Applicant, as follows: Applicant Company Name Applicant Street Address Applicant City, State, and Zip Attention: Applicant Contact Person and Title 9. Recordation. This Agreement shall be submitted by the to the CountyRecorder’s Office for the county in which the Owner’s Property is located, forrecordation in the Official Records thereof, to give notice of the Agreement in thepublic records. Upon recordation, the terms, conditions and obligations of theAgreement shall run with such land, subject to the provisions of to the DistrictCode relating to the reduction, expiration, or termination of Certificate ofCapacity Rights and Capacity Rights.10. Paragraph Headings. Paragraph headings as used herein are for convenienceand shall not be deemed to alter or amend the paragraphs headed thereby.11. Integration. This Agreement comprises the entire agreement between the partieswith respect to the subject matter thereof, and supersedes and replaces any and allprior understandings, oral or written, between the parties.6119 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and effective as of the date first hereinabove written.DUBLIN SAN RAMON SERVICES DISTRICT, a public agency of the State of California By:_______________________________ General ManagerATTEST:_________________________________ District SecretaryCity of Dublin,By:_______________________________ City ManagerATTEST:_________________________________Name & Title__________________________________[TYPE Owners’s Name & Title Here]__________________________________[TYPE Applicant’s Name & Title Here]_____________________Date7120 121
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and effective as of the date first hereinabove written.APPLICANT COMPANY NAMEBy:_________________________ ______ Applicant Contact Person, Title 9122
ACKNOWLEDGMENTState of California County of _____________________________) On _________________________ before me, _________________________________________ (insert name and title of the officer) personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 123
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STAFF REPORT

CITY COUNCIL

Agenda Item 5.7
##.##.#
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Annual Street Resurfacing - 2024 Overlay Project, CIP No. ST0117 and Persimmon Drive Pedestrian Path Rehabilitation Project, PK0123 – Acceptance of Work
Prepared by: Michael Boitnott, Capital Improvement Program Manager

EXECUTIVE SUMMARY:

The City Council will consider accepting the Annual Street Resurfacing - 2024 Overlay Project and the Persimmon Drive Pedestrian Path Rehabilitation Project. The projects, which used the same contractor, removed and replaced existing concrete curb ramps, resurfaced a segment of Dublin Boulevard and John Monego Court, and rehabilitated the existing Persimmon Drive pedestrian path.

STAFF RECOMMENDATION:

Adopt the Resolution Accepting the Annual Street Resurfacing - 2024 Overlay Project, CIP No. ST0117 and the Persimmon Drive Pedestrian Path Rehabilitation Project, CIP No.

PK0123.

FINANCIAL IMPACT:

The work was completed within the approved project budgets. The remaining budget within the Annual Street Resurfacing Project will be utilized for the 2024 Slurry Seal currently underway.

The remaining budget within the Persimmon Drive Pedestrian Path Rehabilitation Project will be retained in the project and utilized for future improvements.

The funding sources, expenditures, and project balances are as follows:

Annual Street Resurfacing Project:

Funding Sources
General Fund $1,250,000
State Gas Tax Fund $700,000
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Measure BB Sales Tax Local Streets Fund $200,000
Road Maintenance & Rehab Account (RMRA) $2,350,000
CalRecycle Grant $103,324
Total Funding $4,603,324

Expenditures

2024 Overlay Project: $2,184,575
Construction Contract - $1,881,244
Change Orders - $32,331
Contract Services, Design, Salary, and Testing - $271,000 2024 Cape Seal Project (completed previously) $1,019,000 Total Expenditures $3,203,575
Project Balance $1,399,749

Persimmon Drive Pedestrian Path Rehabilitation Project:

Funding Sources
Landscape and Lighting District Santa Rita 1997-1 $195,000

Expenditures
Construction Contract $63,170
Change Orders $6,725
Contract Services, Design, Salary, and Testing $26,906
Total Expenditures $96,801
Project Balance $98,199

DESCRIPTION:

On June 25, 2024, the City Council awarded a construction contract in the amount of $1,944,413.50 to O’Grady Paving, Inc. for the Annual Street Resurfacing - 2024 Overlay Project and the Persimmon Drive Pedestrian Path Rehabilitation Project, CIP Nos. ST0117 and PK0123.

The project included crack sealing, base repairs, asphalt concrete overlay, and pavement delineation along a portion of Dublin Boulevard, from Myrtle Drive to just east of John Monego Court, and along John Monego Court. It also included rehabilitation of the Persimmon Drive pedestrian pathway along Tassajara Creek, such as overlaying a portion of the existing pathway with asphalt concrete and removing and replacing other portions of the existing pathway with new pavement, as well as upgrades to existing curb ramps at street intersections (see Figure 1 for a Location Map). This work was in compliance with current Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) requirements.

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Figure 1. Location Map

Staff has determined that the projects are complete and recommends that the City Council accept the projects and begin the warranty period.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted. A copy of this Staff Report was provided to O’Grady Paving, Inc. and to the Independent Watchdog Committee of the Alameda County Transportation Commission.

ATTACHMENTS:

1) Resolution Accepting the Annual Street Resurfacing - 2024 Overlay Project, CIP No.

ST0117 and the Persimmon Drive Pedestrian Path Rehabilitation Project, CIP No. PK0123 2) CIP No. ST0117
3) CIP No. PK0123
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Attachment 1

Reso. No. XX-25, Item X.X, Adopted 07/15/2025 Page 1 of 2 RESOLUTION NO. XX - 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

ACCEPTING THE ANNUAL STREET RESURFACING - 2024 OVERLAY PROJECT, CIP NO.

ST0117 AND THE PERSIMMON DRIVE PEDESTRIAN PATH REHABILITATION PROJECT, CIP NO. PK0123

WHEREAS, on June 24, 2024, the City entered into a Construction Contract with O’Grady Paving, Inc. for the Annual Street Resurfacing - 2024 Overlay Project and Persimmon Drive Pedestrian Path Rehabilitation Project, CIP No s. ST0117 and PK0123 , to remove and replace existing concrete curb ramps, resurface a segment of Dublin Boulevard and John Monego Court, and rehabilitate the existing Persimmon Drive pedestrian path; and

WHEREAS, said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and

WHEREAS, as a condition of the contract, O’Grady Paving, Inc. is required to warranty the improvements for a period of one year following the completion of the work and maintain a maintenance bond in the amount of 10% of the final contract value.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Annual Street Resurfacing - 2024 Overlay Project, CIP No. ST0117, and the Persimmon Drive Pedestrian Path Rehabilitation Project, CIP No. PK0123, and authorize Staff to file a Notice of Completion with Alameda County.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager, or designee, to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager, or designee, to release the maintenance bond at the end of the one- year warranty period.

{Signatures on the following page}

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Reso. No. XX-25, Item X.X Adopted 07/15/2025 Page 2 of 2

PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

134
Annual Street Resurfacing
Overview
Project Number ST0117
Description
This project provides for the design and construction of a varietyof pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of newor upgrades of existing ADAcurbramps on roads that arereconstructed or receivean asphaltconcreteoverlay. Streets areselected for improvements based on the City’sPavement Management System tooptimizethe pavement condition in relation tothe available budget. The City owns and maintains approximately148 centerline miles of streets.

The Metropolitan Transportation Commission groups Pavement Condition Index(PCI) ratings intothe following categories:
80-100 VeryGood-Excellent, 70-79 Good, 60-69 Fair, 50-59 AtRisk, 25-49Poor, and 0-24 Failed. The City of Dublin is rated very good with a three-year moving average PCI of 79.

Capital Cost
Historical
$15.5M
FY2025 Budget
$4.6M
Total Budget (all years)
$22.6M
Project Total (todate)
$38.1M
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 9400- Improvements $12,737,648 $3,653,324 $3,550,000 $3,550,000 $3,550,000 $3,550,000 $0 $30,590,972 9200- ContractServices $2,509,344 $775,000 $775,000 $775,000 $775,000 $775,000 $0 $6,384,344 9100- Salaries& Benefits $227,235 $167,500 $167,500 $167,500 $167,500 $167,500 $0 $1,064,735 9500- Miscellaneous $56,311 $7,500 $7,500 $7,500 $7,500 $7,500 $0 $93,811 Total $15,530,538 $4,603,324 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $0 $38,133,862 Annual Street Resurfacing
2024-2029 Five-Year Capital Improvement Program Update | Dublin Attachment 2
135
Funding Sources
Historical
$15.5M
FY2025 Budget
$4.6M
Total Budget (all years)
$22.6M
Project Total (todate)
$38.1M
Operational Costs
FY2025 Budget
$0
Total Budget (all years)
$0
Project Total
$0
Project Timeline
● 04/1/2025
The Citywas awarded grant funding fromthe Department ofResources Recyclingand Recovery (CalRecycle)RubberizedPavementGrantProgram intheamountof $103,324 and willbeusedfor a rubberizedcapesealtreatment thatwillbeconstructed in 2026. ● 07/1/2025
Constructionofthe 2024Overlay, and 2024CapeSeal projectsare complete. Constructionbegan in May 2025for the 2025SlurrySealproject. Designiscurrentlyunderway for the 2026Street Resurfacing Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 2220- RoadMaint. &
Rehab Account (RMRA)
$4,263,599 $2,350,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $0 $14,613,599 1001- General Fund $467,999 $1,250,000 $2,086,900 $1,750,000 $1,850,000 $1,850,000 $0 $9,254,899 2201- State Gas Tax $5,289,941 $700,000 $413,100 $750,000 $650,000 $650,000 $0 $8,453,041 2214- Measure BBSales
Tax - Local Streets Fund
(AlamedaCTC)
$2,831,020 $200,000 $0 $0 $0 $0 $0 $3,031,020
2204- Measure B Sales
Tax - Local Streets Fund
(AlamedaCTC)
$1,784,999 $0 $0 $0 $0 $0 $0 $1,784,999
2215- Measure BBSales
Tax - Bike& Ped. Fund
(AlamedaCTC)
$304,500 $0 $0 $0 $0 $0 $0 $304,500
2205- Measure B Sales
Tax - Bike& Ped. Fund
(AlamedaCTC)
$300,000 $0 $0 $0 $0 $0 $0 $300,000
2304- Local Recycling
Programs
$160,000 $0 $0 $0 $0 $0 $0 $160,000
9997- Other $0 $103,324 $0 $0 $0 $0 $0 $103,324
2216- Measure B Grants $82,500 $0 $0 $0 $0 $0 $0 $82,500 4309- Mitigation
Contributions
$45,980 $0 $0 $0 $0 $0 $0 $45,980
Total $15,530,538 $4,603,324 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $0 $38,133,862 Annual Street Resurfacing
2024-2029 Five-Year Capital Improvement Program Update | Dublin 136 project and the preliminary engineeringbegan for the 2027Street Resurfacingproject. Improvements are typically constructed eachyearbetween springand fall.

Annual Street Resurfacing
2024-2029 Five-Year Capital Improvement Program Update | Dublin 137 Persimmon Drive Pedestrian Path
Rehabilitation
Overview
Project Number PK0123
Description
This project will provide for the removal and replacement of approximately 1,250 linear feet of asphalt pathway along Persimmon Drive between Gleason Drive and Central Parkway. The asphalt concrete surface has experienced distress due to soil expansion, the encroachment of tree roots, and some slope creep along the adjacent Tassajara Creek bank.

Capital Cost
Historical
$195K
FY2025 Budget
$0
Total Budget (all years)
$0
Project Total (to date)
$195K
Funding Sources
Historical
$195K
FY2025 Budget
$0
Total Budget (all years)
$0
Project Total (to date)
$195K
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 9400 - Improvements $150,000 $0 $0 $0 $0 $0 $0 $150,000 9200 - Contract Services $29,920 $0 $0 $0 $0 $0 $0 $29,920 9100 - Salaries & Benefits $15,080 $0 $0 $0 $0 $0 $0 $15,080 Total $195,000 $0 $0 $0 $0 $0 $0 $195,000
Detailed Breakdown
Category Historical FY2025 FY2026 FY2027 FY2028 FY2029 Future Total 2704 - Landscape District
Santa Rita 1997-1
$195,000 $0 $0 $0 $0 $0 $0 $195,000
Total $195,000 $0 $0 $0 $0 $0 $0 $195,000
Persimmon Drive Pedestrian Path Rehabilitation
2024-2029 Five-Year Capital Improvement Program Update | Dublin Attachment 3
138
Operational Costs
FY2025 Budget
$0
Total Budget (all years)
$0
Project Total
$0
Project Timeline
● 07/1/2024
Design began in spring 2023 in conjunction with the Annual Street Resurfacing Project. The project is currently in design and construction is anticipated to begin in 2024. ● 07/1/2025
Construction of the asphalt pathway resurfacing along Persimmon Drive was completed in 2024. The project is currently in the closeout phase and is anticipated to be completed in 2025.

Persimmon Drive Pedestrian Path Rehabilitation
2024-2029 Five-Year Capital Improvement Program Update | Dublin 139

STAFF REPORT

CITY COUNCIL

Agenda Item 5.8
DATE: July 15, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc
Prepared by: Felicia Escover, Economic Development Manager

EXECUTIVE SUMMARY:

The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc, a new veterinary hospital located at 7667 Amador Valley Boulevard. This grant of $70,000 will be allocated for exterior improvements, including new horizontal siding, metal awnings at both entrances, updated paint for the siding and parapet, window upgrades, an entry door compliant with the Americans with Disabilities Act (ADA), refreshed landscaping with gravel, and new signs.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc.

FINANCIAL IMPACT:

There is sufficient funding available in the adopted Fiscal Year 2025-26 operating budget for this expenditure.

DESCRIPTION:

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

Under the Program, commercial property owners or tenants with long-term leases (five years 140

or more) within the Program Area can apply for one of two façade improvement grants:

 Mini-Grant – provides reimbursement of up to $5,000 for commercial building façade improvements with no match requirement.
 Matching Grant – provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000. The total cost of the improvement work must be greater than $5,000. Receipt of a matching grant requires the approved applicant to contribute a minimum of one-third of the total cost of the façade improvement costs.

Eligible improvements may include, but are not limited to, the removal of outdated signs, awnings, and exterior clutter; exterior painting; and the repair or replacement of exterior siding, including the addition of new façade elements and architectural details. Other eligible upgrades include the installation of new entry doors that meet ADA accessibility standards, display windows, canvas awnings over windows and entryways, new signs, and exterior lighting.

Permanent landscaping enhancements and non-affixed structures such as monument signs may also qualify, along with mandatory Title 24 exterior upgrades and the construction of outdoor dining or community gathering areas.

Applicant Information
Vets for Pets is a new veterinary clinic under development at 7667 Amador Valley Boulevard in Dublin. The project is led by Dr. Rajbir Grewal and Dr. Daleep Arora, who bring extensive experience in both clinical care and veterinary practice ownership. Together, they previously owned and operated Yosemite Veterinary Hospital in Modesto, a successful, community- focused clinic they built and managed from 2016 until its sale in 2024. They also currently co- own Hardin Veterinary Hospital in Stockton, a general practice offering comprehensive veterinary services. With the new Dublin facility, Dr. Grewal and Dr. Arora plan to shift their full professional focus to this location, which is envisioned as a combined general and emergency care hospital. Their goal is to expand access to high-quality veterinary services and improve continuity of care for pet owners across the region, with long-term plans to develop the clinic into a full-service, 24-hour emergency animal hospital.

The applicant is requesting a Matching Grant of $70,000 through the City’s Commercial Façade Improvement Grant Program to support the cost of substantial exterior renovations to the building. The total project cost is estimated at $144,384, with the applicant contributing more than the required one-third match. The site has been vacant since March 2020, following the closure of an urgent care facility. Transforming this long-unused space into a vibrant, community-oriented veterinary clinic directly supports the City’s goals of revitalizing key corridors, enhancing economic vitality, and fostering job creation.

Proposed improvements include horizontal siding, ADA-compliant entry doors, a refreshed paint scheme, new monument and building signage, exterior lighting, and permanent landscaping. To date, the applicant has invested more than $900,000 in personal funds into interior construction, infrastructure upgrades, and the purchase of advanced medical equipment, and diagnostic tools. The scope of the project demonstrates a strong commitment to providing exceptional care and a long-term presence in Dublin. However, due to higher- 141

than-anticipated construction costs, additional funding is now needed to complete the exterior portion of the project.

The clinic anticipates creating eight to 10 full-time jobs upon opening, including veterinarians, veterinary technicians, receptionists, and support staff. Over time, as the clinic expands into a 24-hour emergency facility, staffing is expected to grow to 25 to 30 employees. The model of care is specifically designed to bridge the gap between standard veterinary hours and the high cost of emergency services, offering evening and weekend urgent care for common but time- sensitive issues such as allergic reactions, minor injuries, and infections.

The proposed façade improvements are an essential step in restoring this long-vacant building back into productive use and ensuring the clinic presents a welcoming, professional appearance upon opening. By transforming an underutilized property into a vibrant, community-serving veterinary facility, the project directly supports the objectives of the Commercial Façade Improvement Grant Program. It represents a significant small business investment that enhances the visual character of the area, stimulates economic activity, and delivers essential veterinary care and job opportunities to Dublin residents.

Economic Development Committee Consideration
On June 24, 2025, the Economic Development Committee reviewed an application from the business owner of Vets for Pets Inc. The Committee reviewed the application and, by consensus, recommended City Council approval of the $70,000 grant. This recommendation aligns with the Committee’s role in providing policy guidance and direction on economic development initiatives.

STRATEGIC PLAN INITIATIVE:

Strategy 1: Economic Development, Small Business Support, and Downtown Dublin.

Objective D: Continue to evaluate and implement small business programs that provide financial assistance, business development, permit processing, and support services to the community.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc
2) Exhibit A to the Resolution – Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc
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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 COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT

BETWEEN THE CITY OF DUBLIN AND VETS FOR PETS INC

WHEREAS, for decades, state and local governments have used economic development tools to attract or retain jobs and/or improve the local tax base; and

WHEREAS, the City Council of the City of Dublin adopted Resolution No. 216 -11 on December 20, 2011, which established a Commercial Façade Improvement Grant Program ("Program") intended to improve the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, encouraging the retention of existing businesses, as well as increasing property values and tenant stability; and

WHEREAS, under the Program, commercial property owners, or tenants with long -term leases (five or more years remaining on the lease at the time a Program application is submitted), can apply for either 1) a mini-grant for reimbursement of up to $5,000; or 2) a matching grant that provides a reimbursable matching grant of two -thirds (66%) of eligible project costs, up to a maximum of $70,000; and

WHEREAS, Vets for Pets Inc (the “Applicant”), a new veterinary hospital located at 7667 Amador Valley Boulevard, has submitted a Commercial Façade Improvement Grant application requesting funding for exterior improvements, including new horizontal siding, metal awnings at both entrances, updated paint for siding and parapet, window upgrades, ADA -compliant entry door, refreshed landscaping with gravel, and new signage with installation; and

WHEREAS, on June 24, 2025, the Economic Development Commit tee reviewed the application and recommended City Council approval of a grant totaling $70,000, which would cover at minimum two-thirds of the eligible project costs; and

WHEREAS, the City Council finds that the Agreement serves a public purpose in that it will help improve the physical appearance of the Program area, encourage the retention and attraction of businesses, and increase property values and tenant stability, thus benefitting the City and its residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Commercial Façade Improvement Grant Program Agreement between the City of Dublin and Vets for Pets Inc, attached hereto as Exhibit A.

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

143
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

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City Grant Amount: $70,000
Matching Funds: $74,384
Estimated Project Total: $144,384
COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM

AGREEMENT BETWEEN THE CITY OF DUBLIN AND VETS FOR PETS INC THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated July 15, 2025 the date of execution by the City (the “Effective Date”) is entered into by and between the City of Dublin, a public body corporate and politic ("City"), 7667 Amador Valley Blvd LLC (“Owner"), and Vets For Pets Inc, a California S-Corp (“Tenant” and “Applicant”).

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

B. Applicant leases certain real property located at 7667 Amador Valley Boulevard, Ste A&B (A.P.N. 941-0173-003), in Dublin, California (the “Site”), and within the boundaries outlined by the Commercial Façade Improvement Grant Program Guidelines (“Program Guidelines”).

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

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

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

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

Section 1. GENERAL.

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

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Exhibit A to the Resolution
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Section 2. IMPROVEMENT OF THE SITE.

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

2.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse to the Applicant a sum not to exceed seventy thousand dollars ($70,000) (the “Grant Amount”), for certain eligible improvements (the “Eligible Improvements”) as set forth below:
a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit B attached hereto.
b. All services to be performed by a third-party contractor shall be the subject of agreement between Applicant and the third-party contractors. The City shall not assume any liability for such agreements. The Applicant shall submit to the City all invoices from the contractor or contractors for work performed on the Eligible Improvements in order to receive reimbursement. c. A representative of the City shall inspect the completed Project after a notice of completion has been submitted to the City.
d. The City will only issue the Grant Amount after the Project has been completed. Upon determination by the City's representative that Project has been completed in conformance with the Scope of Work (Exhibit A) and the City approvals, the City shall issue a check made payable to the Applicant in an amount equal to the lesser of the Grant Amount or the actual amount of the invoices submitted to the City by the Applicant. The City Manager in his or her sole discretion may issue the Grant Amount at an earlier time than set forth in this Section 2.2(d), if the Applicant can demonstrate good cause.
e. Any and all costs of the Project including, but not limited to the Eligible Improvements, which are in excess of the Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant.

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

2.4 Commencement of the Project. Within 60 days after the Effective Date, Applicant shall have selected and authorized one or more contractors to complete the Project, and shall have provided notice to the City of such selection and authorization.

In the event the Applicant fails to select and authorize a contractor or contractors to complete the Project within such 60-day period, the City may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement.

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All contractors performing work on the Project must be licensed in the State of California.

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

2.6 Completion of the Project. Applicant shall complete the Project and satisfy all other obligations and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision from time to time as mutually agreed upon in writing between Applicant and the City Manager, or their designee.

Upon completion, Applicant shall require contractors’ completion notice signed by the contractor. When the Project is completed as set forth in this Agreement, a notice of completion shall be delivered to and approved by the Applicant. Notice of completion shall then be delivered to the City as set forth in this Section 2.6.

Section 3. INSURANCE REQUIREMENTS.

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

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

3.1 Workers’ Compensation.

3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 147
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Insurance for any and all persons employed directly or indirectly by contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a 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 City for all work performed by the Contractor, its employees, agents, and subcontractors.

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

3.2 Commercial General and Automobile Liability Insurance Requirements.

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

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 148
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insurance or self-insurance and shall be at least as broad as CG 20 10. In the event Applicant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Applicant.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

3.2.1 Commercial General and Automobile Liability Insurance.

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

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

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

3.2.1.4 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a.The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 149
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of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any
endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

3.2.1.4.2 For Applicant’s contractors and subcontractors, an endorsement for completed operations for the construction project, such as the CG 20 37 “Additional Insured—Owners, Lessees or Contractors— Completed Operations” endorsement form, shall be submitted by Applicant to the City no later than 30 days after completion of the Project.

3.2.1.5 Submittal Requirements and Verification of coverage.

Applicant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
a. Prior to execution of this Agreement, Applicant shall submit:

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i. Certificate(s) of Commercial General Insurance and
Automobile Liability Insurance; and
ii. Additional Insured Endorsement such as CG 20 10
“Designated Person Or Organization Endorsement”.
b. Prior to commencement of the Project as described in Section 2.4., Applicant shall furnish City with contractor’s certificates of insurance and with original endorsements effecting coverage required herein.

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

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

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

3.2.1.9 Wasting Policies. No policy required by this Section 3 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

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

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

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

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

3.2.3. Remedies. In addition to any other remedies City may have if Applicant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Applicant’s breach:
▪Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪Order Applicant to stop work under this Agreement or withhold any payment that becomes due to Applicant hereunder, or both stop work and withhold any payment, until Applicant demonstrates compliance with the requirements hereof; and/or
▪Terminate this Agreement.

Section 4. PREVAILING WAGES.

Applicant shall require any contractors performing work under this Agreement to pay prevailing wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 152
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Relations of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the project.

The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors or subcontractors in connection with the Project. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with requirements of such Section 1776.

Section 5. MAINTENANCE COVENANTS.

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

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

5.1 Improvements Cannot Be Removed by Applicant Without City’s Consent.

All Eligible Improvements will become permanent fixtures of the property and cannot be removed by Owner upon expiry or termination of the lease of current tenant at the Site or sale of the property. Exceptions can be made with the prior written consent of the City. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation.

Section 6. LEGAL REQUIREMENTS.

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

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

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

6.4 Licenses and Permits. Applicant represents and warrants to City that its Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Applicant represents and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions.

In addition to the foregoing, Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City and Applicant’s Contractor and any subcontractors shall obtain and maintain a valid Business Licenses from City during the construction phase of the project.

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

Section 7. GENERAL PROVISIONS.

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

7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 154
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codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

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

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

To City:

City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
Phone: (925) 833-6650
Email:
[email protected]
To Property Owner:
7667 Amador Valley Boulevard LLC
1777 Manor Drive
Hillsborough, CA 94010
Phone: 415-272-0666
To Applicant:

Vets For Pets Inc
7667 Amador Valley Boulevard, Ste
A&B
Dublin, CA 94568
Attention: Daleep Arora, President
Phone: 209-992-9904
Email:
[email protected]
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier.

Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party.

7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be deemed or construed for any purpose to be the Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 155
Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 12 of 12
agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements. Applicant agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Applicant with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements.

7.6 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, contains the entire understanding between the parties relating to the transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.

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

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

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

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

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

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

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

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

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

7.15 Termination. In addition to City’s right to terminate under Section 2.4 and

2.5, City or Applicant may terminate this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations under this Agreement.

The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

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Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 14 of 12
CITY:

CITY OF DUBLIN, a municipal corporation
By:
____________________________________
Colleen Tribby, City Manager
Attest:
____________________________________
Marsha Moore, City Clerk
Approved as to form
____________________________________
City Attorney
PROPERTY OWNER:
7667 Amador Valley Blvd LLC
By:
____________________________________
7667 Amador Valley Blvd LLC
TENANT/BUSINESS OWNER:

Vets for Pets Inc, a California S-Corp
By:
____________________________________
Rajbir Grewal on behalf of Daleep Arora,
President
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Commercial Façade Improvement Grant Program Agreement between City of Dublin and Vets For Pets IncExhibit A - Page 1

EXHIBIT A

SCOPE OF WORK
Proposed improvements include horizontal siding, ADA-compliant entry doors, a refreshed paint scheme, new monument and building signage, exterior lighting, and permanent landscaping. However, Staff recommends prioritizing the funding for all eligible exterior improvements except landscaping, as those plans have not yet been approved through the City’s review process.
•Exterior to be wrapped with new horizontal siding
•Two new metal awnings added to both entrances
•New siding and parapet to be painted new color
•All exterior window updates
•Entry door to be ADA compliant
•Landscaping update to include gravel
•New signage and installation
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Commercial Façade Improvement Grant Program Agreement between City of Dublin and Vets For Pets Inc - Exhibit B Page 1

EXHIBIT B

ELIGIBLE IMPROVEMENTS
Applicant is the business owner of Vets For Pets Inc (A.P.N. 941-0173-003 in Dublin, California and shall construct and install the façade improvements including, but not limited to the following (not including landscaping):
•Exterior to be wrapped with new horizontal siding
•Two new metal awnings added to both entrances
•New siding and parapet to be painted new color
•All exterior window updates
•Entry door to be ADA compliant
•New signage and installation
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STAFF REPORT

CITY COUNCIL