HomeMy WebLinkAboutJanuary 10, 2017 Agenda PacketJanuary 10, 2017 Dublin City Council Agenda Page 1 of 5
REGULAR MEETING
Tuesday, January 10, 2017
Council Chamber, 100 Civic Plaza
DUBLIN CITY COUNCIL
A G E N D A
Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)
Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on
the annual subscription list, please call 833-6650.
A complete packet of information containing Staff Reports and exhibits relate to each item is available of public
review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council
members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is
available in the City Clerk’s Office and also at the Dublin Library.
CLOSED SESSION 6:00 P.M.
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of Dublin Blvd.
and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Chris Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
1 potential case
REGULAR MEETING 7:00 PM
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Recognition of Outgoing City of Dublin Commissioners and Committee Members
The City Council will recognize outgoin g City of Dublin Commissioners and Committee
Members from the City of Dublin Planning Commission; Parks & Community Services
Commission; Heritage & Cultural Arts Commission; Human Services Commission; and
Senior Center Advisory Committee.
STAFF RECOMMENDATION:
Present plaques of recognition.
3.2. Recognition of 2016 Decorate Dublin Holiday Contest Winners
The City Council will recognize the four Dublin businesses that won the 2016 Decorate
Dublin Holiday Contest.
STAFF RECOMMENDATION:
Recognize the Decorate Dublin contest winners.
3.3. Acceptance of Gifts to City from Dublin Senior Center Sponsors
The City Council will receive a report on the various 2016 sponsors who provided monetary
donations and in-kind gifts to support the Dublin Senior Center programs and events.
STAFF RECOMMENDATION:
Recognize the sponsors and formally accept the contributions.
3.4. 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
January 10, 2017 Dublin City Council Agenda Page 2 of 5
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).
4. 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.
4.1. Minutes of the December 20, 2016 Regular City Council Meeting
The City Council will consider approval of the minutes of the December 20, 2016 Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the December 20, 2016 Regular City Council meeting.
4.2. Agreement with Geosyntec Consultants for Assistance with Green Infrastructure
Planning and Stormwater Resource Plan Evaluation
The City Council will consider approval of an Agreement with Geosyntec Consultants to
assist Staff with the conceptual development of the Green Infrastructure Work plan as
described in the Municipal Regional Stormwater Permit provisions, including providing
preliminary green infrastructure project identification and budget analysis. In addition,
Geosyntec Consultants will assist the City in evaluating the benefits of developing a
stormwater resource plan.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Consultant Services Agreement with Geosyntec
Consultants for Assistance with Green Infrastructure Planning and Stormwater Resource Plan
Evaluation.
4.3. Participation in the California Statewide Communities Development Authority
(CSCDA) Open Property Assessed Clean Energy (PACE) Program
The California Statewide Communities Development Authority (CSCDA) is implementing
Property Assessed Clean Energy (PACE) under the provisions of Chapter 29 of Division 7 of
the Streets & Highways Code (commonly referred to as AB 811) on behalf of its member
counties and cities. AB811 authorizes a legislative body to designate an area within which
authorized public officials (including a JPA like CSCDA) and free and willing property
owners may enter into voluntary contractual assessments to finance the installation of
renewable energy, energy efficiency, water efficiency, seismic strengthening improvements ;
and electric vehicle charging infrastructure affixed to real property. CSCDA’s
Commissioners pre-qualified and appointed several PACE Administrators to manage the
CSCDA Open PACE program in order to offer members turn-key PACE solutions that
provide residential and commercial property owners choice among prequalified PACE
financing providers. The City Council will consider authorizing Open PACE Programs in
Dublin.
STAFF RECOMMENDATION:
Adopt the Resolution Consenting to the Inclusion of Properties within the Territory of the
City of Dublin in the CSCDA Open PACE Programs; Authorizing the California Statewide
Communities Development Authority to Accept Applications from Property Owners,
Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the
Territory of the City of Dublin; and Authorizing Related Actions.
4.4. Joint Community Facilities Agreement Amongst the City of Dublin, Dublin San Ramon
Services District and Dublin Crossing LLC.
The City Council will consider approval of a Joint Community Facilities Agreement among
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the City of Dublin, Dublin San Ramon Services District (DSRSD), and Dublin Crossing
LLC, in order to authorize the City of Dublin Community Facilities District 2015-1 (Dublin
Crossing) to finance the improvements to be owned, maintained and operated by DSRSD.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing Execution of a Joint Community Facilities Agreement
Among the City of Dublin, Dublin San Ramon Services District, and Dublin Crossing LLC,
for the City of Dublin Community Facilities District 2015-1 (Dublin Crossing).
4.5. Utility Box Art Pilot Program Design Selection
The City Council will consider a recommendation from the Heritage and Cultural Arts
Commission for artwork to be painted on six utility boxes along Village Parkway, under the
Utility Box Art Pilot Program.
STAFF RECOMMENDATION:
Approve the Heritage and Cultural Arts Commission's selections for the Utility Box Art Pilot
Program.
4.6. Approval of Calendar for Development of Fiscal Year 2017-18 Budget Update
The City Council will consider approval of a calendar of key dates to guide the development
of the City’s Fiscal Year 2017-18 Budget Update.
STAFF RECOMMENDATION:
Approve the budget calendar to guide the development of the City’s FY 2017-18 Budget
Update.
4.7. Approval of City Debt Management Policy
The City Council will consider approval of a Debt Management Policy, in compliance with
SB 1029, which requires state and local agencies to adopt comprehensive debt management
policies before any new debt can be issued, starting in January 2017. While the City currently
does not anticipate going to the debt markets in the foreseeable future, it does anticipate
issuing debt on behalf of the City of Dublin Community Facilities District No. 2015-1
(Dublin Crossing), and is therefore required to comply with the mandate of SB 1029.
STAFF RECOMMENDATION:
Adopt the Resolution Establishing the City of Dublin Debt Management Policy.
4.8. Acceptance of Dublin Library Tenant Improvements and Related Actions
On June 7, 2016 the City Council awarded a construction contract for the Dublin Library
Tenant Improvements (CIP Project No. PK0315). The work is now complete and ready for
City Council acceptance. Staff is also seeking City Council approval of a contract
amendment for architectural services, a change order for construction costs, and a budget
change to cover the increased costs to close out the project.
STAFF RECOMMENDATION:
Adopt the Resolution Accepting the Dublin Library Tenant Improvements (CIP No.
PK0315); adopt the Resolution Approving Amendment #2 to the Consulting Services
Agreement between the City of Dublin and Bull Stockwell Allen Architects; authorize the
City Manager to execute Contract Change Order #4 with A & E Emaar Company; and
approve the budget change.
4.9. Amendment to Agreement with Triple HS, Inc. dba HT Harvey & Associates for the
Dougherty Road Improvements, Project No. ST0911
The City Council will consider approval of an amendment to the agreement with Triple HS,
Inc. dba HT Harvey & Associates to provide additional wildlife monitoring in conformance
with the various regulatory permits required for the Dougherty Road Improvements (CIP No.
ST0911).
STAFF RECOMMENDATION:
January 10, 2017 Dublin City Council Agenda Page 4 of 5
Adopt the Resolution Approving Amendment No. 1 to the Agreement with Triple HS, Inc.
dba HT Harvey & Associates to Provide Consulting Services for the Dougherty Road
Improvements, Project No. ST0911.
4.10. Amendment No. 1 to Consulting Services Agreement with Contract Sweeping Services
The City Council will consider an amendment to the consulting services agreement with
Contract Sweeping Services for street sweeping services to include term expiration
clarification, a Consumer Price Index (CPI) compensation increase, and amend invoicing
terms and conflict of interest language.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment No. 1 to the Consulting Services Agreement
with Contract Sweeping Services.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING
6.1. Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory Structures and
Uses Regulations) and Chapter 8.80 (Second Units Regulations) PLPA 2016-00062
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 broaden the State’s affordable housing
efforts by relaxing the standards for second units (aka “accessory dwelling units”). Among
other things, the enactment of SB 1069 and AB 2099 requires that local agencies provide for
a ministerial review of proposed accessory dwelling units, and limits the regulations that
local agencies can impose on such units. Additionally, the bills prohibit the imposition of
parking standards under specified circumstances. The proposed Zoning Ordinance
amendments reflect these changes to the law as they relate to setbacks, allowable unit size
and the parking requirement based on specified parameters. Additionally, other minor
amendments are proposed to clarify the review of second dwelling units.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Approving
Amendments to Dublin Zoning Ordinance Chapters 8.40 (Accessory Structures and Uses
Regulations) and 8.80 (Second Units Regulations) Effective City-Wide PLPA-2016-00062.
7. UNFINISHED BUSINESS – NONE.
8. NEW BUSINESS
8.1. Dublin Boulevard Improvements - Sierra Court to Dublin Court: Project Update,
Approval of Plans and Specifications and Authorization to Bid a Project Phase
The City Council will receive an update on the Dublin Boulevard Improvements Project (CIP
No. ST1012). Additionally, Staff is requesting City Council approve the plans and
specifications, as well as authorize the bidding of the first phase of the project. The
undergrounding of utilities is the first phase of construction and provides for the
undergrounding of electric, cable TV, and communication lines, and the removal of overhead
poles, along Dublin Boulevard from Sierra Court to Dublin Court.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Authorizing Bidding for
the Undergrounding of Utilities in the City Of Dublin Underground Utility District 2013-1 as
Part of the Dublin Boulevard Improvements – Sierra Court to Dublin Court Project (CIP No.
St1012).
8.2. Fire Prevention, Planning and Building Code Enforcement Overview
January 10, 2017 Dublin City Council Agenda Page 5 of 5
The City Council will receive a report on code enforcement activities within the City of
Dublin.
STAFF RECOMMENDATION:
Receive the report and provide feedback to Staff as appropriate.
8.3. Mayor’s Appointments of Planning Commissioners and Potential Changes to
Appointment Process
At the December 20, 2016 meeting, the City Council considered the Mayor’s appointments
to various commissions, including the Planning Commission. After approving the balance of
the appointments, the City Council asked that the City Attorney provide the City Council
with information regarding the City Council’s options for changing the process for making
appointments to the Planning Commission. This item includes the requested information and
in addition gives the City Council the opportunity to act on the Mayor’s appointments to the
Planning Commission.
STAFF RECOMMENDATION:
Receive the report, and consider the Mayor’s appointments to the Planning Commission or
provide other appropriate direction.
9. OTHER BUSINESS - 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), and the federal rules and regulations adopted in implementa tion 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.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
Vision
Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will
balance history with progress, to sustain an enlightened, economically balanced and diverse community.
Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City
life, including programs to strengthen our economic vitality, and preserve our natural surr oundings through
environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle
through the creation of first-class recreational opportunities, facilities and programs.
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of Outgoing City of Dublin Commissioners and Committee
Members
Prepared by: Taryn Gavagan Bozzo, Executive Aide
EXECUTIVE SUMMARY:
The City Council will recognize outgoing City of Dublin Commissioners and Committee
Members from the City of Dublin Planning Commission; Parks & Community Services
Commission; Heritage & Cultural Arts Commission; Human Services Commission; and
Senior Center Advisory Committee.
STAFF RECOMMENDATION:
Present plaques of recognition.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will recognize the following outgoing City of Dublin Commissioners a nd
Committee Members for their years of service with the City of Dublin:
Name Commission/Committee Years of Service
Lynna Do Planning Commission January 2013 - December 2016
Arun Goel Planning Commission January 2013 - December 2016
Rameet Kohli Planning Commission January 2013 - December 2016
Anthony Totaro Park & Community Services
Commission
January 2008 - December 2016
Mona Lisa Ballesteros Park & Community Services
Commission
January 2013 - December 2016
Joseph Giannini Park & Community Services
Commission
January 2014 - December 2016
Steve Minniear Heritage & Cultural Arts Commission January 2008 - December 2016
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Name Commission/Committee Years of Service
Dayna Tutino Heritage & Cultural Arts Commission January 2008 - December 2016
Richard Deets Heritage & Cultural Arts Commission January 2012 - December 2016
Timea Iharosi Heritage & Cultural Arts Commission January 2012 - December 2016
Melissa Hernandez
Strah
Human Services Commission January 2014 - December 2016
Holly Ito Senior Center Advisory Committee January 2012 - December 2016
Ramona Krausick Senior Center Advisory Committee January 2012 - December 2016
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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None.
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of 2016 Decorate Dublin Holiday Contest Winners
Prepared by: Erin Steffen, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will recognize the four Dublin businesses that won the 2016 Decorate
Dublin Holiday Contest.
STAFF RECOMMENDATION:
Recognize the Decorate Dublin contest winners.
FINANCIAL IMPACT:
None.
DESCRIPTION:
To raise awareness of the “Discover Dublin CA” social media -based campaign and to
promote Dublin businesses, the City of Dublin, in collaboration with the Chamber of
Commerce, facilitated the Decorate Dublin Holiday Contest. The contest, timed to
coincide with the national “Small Business Saturday” shopping campaign, encouraged
seasonal decorations to promote shopping locally during the holiday season. The free
contest sought to elevate the festive aesthetic in Dublin’s retail areas during the busy
holiday shopping season and to promote Dublin businesses to a broader audience
through participation in the contest.
Participating businesses displayed their festive decor throughout the month of
December. The first three categories were selected by committe e; over 80 members of
the Dublin community provided feedback, through the City’s Open City Hall online
forum, to determine the “People’s Choice” award winner from among ten contestants.
Category Award Winner
Most Festive/Creative Select Imaging
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Best Use of Light Dublin Cyclery
Best Interior Ducky Wash & Dry
People’s Choice Iceland Skating Rink
Winners were promoted on the City’s website and social media. Representatives of the
winning businesses were invited to attend the City Council meeting and to receive
recognition for their accomplishment.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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None.
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Gifts to City from Dublin Senior Center Sponsors
Prepared by: Micki Cronin, Ass't Director Parks & Community Services
EXECUTIVE SUMMARY:
The City Council will receive a report on the various 2016 sponsors who provided
monetary donations and in-kind gifts to support the Dublin Senior Center programs and
events.
STAFF RECOMMENDATION:
Recognize the sponsors and formally accept the contributions.
FINANCIAL IMPACT:
Dublin Senior Center received $2,753 in monetary contributions, in -kind donations, and
sponsorships during the 2016 calendar year.
DESCRIPTION:
The Dublin Senior Center actively seeks organizations or individuals who are interested
in supporting a specific class, program, or event. The sponsorships and donations
received help to enhance the activities and sustain the daily programming provided at
the Senior Center. There is an average of over 230 visitors a day that participate in a
variety of recreational activities at the Dublin Senior Center.
The following is a list of the sponsors being recognized for their support of the Dublin
Senior Center for the 2016 calendar year.
DUBLIN SENIOR CENTER MONETARY SPONSORS and IN-KIND DONATIONS
Private Donors
Anonymous Multiple Donors $603
Corporate Sponsors: $2,150
Intero Chiropractic $650
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Horizon Elder Law $500
Kaiser Permanente $500
Palo Alto Medical Foundation $500
In-Kind Donations:
Brookdale Senior Solutions: Sandwiches for 200 guests at the Senior Info Fair
Refreshments for 100 guests at December Social Dance
In recognition of the contributions, these organizations and individuals will be presented
with certificates of appreciation for supporting City of Dublin Senior Center programs
and events.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Sponsors were notified and invited to attend the City Council meeting.
ATTACHMENTS:
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Minutes of the December 20, 2016 Regular City Council Meeting
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the December 20, 2016
Regular City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the December 20, 2016 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the December 20, 2016
Regular City Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Draft Minutes of the December 20, 2016 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – DECEMBER 20, 2016
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
DECEMBER 20, 2016
A Regular Meeting of the Dublin City Council was held on Tuesday, December 20,
2016, in the City Council Chamber. The meeting was called to order at 7:00 PM., by
Mayor Haubert.
Closed Session
A closed session was held at 6:30 PM, regarding:
I. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section
54956.9: 2 potential cases
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 fe et northwest of intersection of
Dublin Blvd. and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Chris Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
1. Call to Order and Pledge of Allegiance – The pledge of allegiance was recited by the
City Council, Staff and those present at the meeting.
Attendee Name Title Status
Arun Goel Councilmember Present
Melissa Hernandez Councilmember Present
David Haubert Mayor Present
Abe Gupta Councilmember Present
Don Biddle Vice Mayor Present
2. Report on Closed Session – There was no reportable action out of Closed Session.
3. Oral Communications
3.1. Annual Report by Senior Center Advisory Committee
Holly Ito and Eddie Jo Mack presented the Senior Center Advisory Committee
Annual Report.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
DECEMBER 20, 2016
3.2. Dublin Historical Preservation Association Donations
The City Council accepted the donations from the Dublin Historical Preservation
Association.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Vice Mayor
SECONDER: Abe Gupta, Councilmember
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
3.3. Presentation from Alameda County Mosquito Abatement District
The City of Dublin received the report from Ryan Clausnitzer, District Manager of
the Alameda County Mosquito Abatement District.
3.4. Public Comment – There were no public comments made.
4. Consent Calendar
Megan Rouse, Dublin Unified School District (DUSD) Board President, pulled Item 4.18
for further discussion.
Cm. Goel pulled Items 4.8 and 4.12 for further discussion.
On motion of Cm. Gupta, seconded by Mayor Haubert and by unanimous vote, the City
Council took the following actions:
4.1. Approved the minutes of the December 6, 2016 Special City Council meeting.
4.2. Adopted the Sports Field Use Policy Update and the Memorandums of
Understanding with Dublin Little League and Dublin United Soccer League.
4.3. Approved January 31, 2017 as the date for AB 1234 Ethics Training Session for
City Officials.
4.4. Adopted
RESOLUTION NO. 186 - 16
APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH BELLECCI &
ASSOCIATES, INC. TO PROVIDE CONSULTING SERVICES FOR THE DUBLIN
BOULEVARD IMPROVEMENTS - SIERRA COURT/CIVIC PLAZA TO DUBLIN
COURT, PROJECT NO. ST1012
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
DECEMBER 20, 2016
4.5. Adopted
RESOLUTION NO. 177 – 16
AMENDING THE MASTER FEE SCHEDULE FOR FEES
AT THE WAVE AT EMERALD GLEN PARK
4.6. Accepted the Annual Report of Developer Impact Fee Funds for the Year Ended
June 30, 2016, and adopted
RESOLUTION NO. 178 – 16
MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION
CONTRIBUTIONS FOR FISCAL YEAR 2015-16
4.7. Adopted
RESOLUTION NO. 179 - 16
APPROVING A PUBLIC ART REPAIR AND MAINTENANCE AGREEMENT WITH SF
ART CONSERVATION
4.9. Received the Payment Issuance and Electronic Funds Transfers reports .
4.10. Adopted
RESOLUTION NO. 180 – 16
APPROVING THE 2017 CITY OF DUBLIN LEGISLATIVE PLATFORM
4.11. Adopted
RESOLUTION NO. 181 – 16
AMENDING THE DUBLIN TRAFFIC CODE
APPROVING PARKING REGULATIONS ALONG SCARLETT COURT
4.13. Received the new Recreation Management Software System update report.
4.14. Adopted
RESOLUTION NO. 182 – 16
AUTHORIZING THE CITY MANAGER TO
PURCHASE EQUIPMENT FOR THE IT INFRASTRUCTURE
IMPROVEMENTS PROJECT (CIP NO. GI0117) FROM CDW
4.15. Received the Notice of Pending Decision on Final Map fo r Tract 8267, Parcel H at
Jordan Ranch.
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
DECEMBER 20, 2016
4.16. Adopted
RESOLUTION NO. 183 – 16
AWARDING A CONTRACT FOR THE
EMERALD GLEN AQUATIC COMPLEX - AUDIO SYSTEM AS PART OF THE
EMERALD GLEN RECREATION AND AQUATIC COMPLEX PROJECT –
PHASE I (CIP NO. PK0105) TO 54 ELECTRIC INC.
4.17. Received and filed the Comprehensive Annual Financial Report (CAFR) and
Annual Audit for Fiscal Year Ending June 30, 2016 and Supplemental Reports
Completed by the Auditors.
Cm. Goel pulled Item 4.8, Appointments to East Bay Community Energy Authority
(EBCEA) Joint Powers Agency, for further discussion. Cm. Goel recused himself from
voting on this item as he works for PG&E.
On motion of Cm. Gupta, seconded by Mayor Haubert and by unanimous vote (Cm.
Goel having recused himself), the City Council confirmed the Mayor's appointments of
himself and Vm. Biddle as the alternate, to the EBCEA JPA Board.
Cm. Goel pulled Item 4.12, City Council Organization/Committee
Appointments/Assignments, for further discussion.
On motion of Vm. Biddle, seconded by Cm. Gupta and by majority vote (Cm. Goel
voting no), the City Council confirmed the Mayor's Appointment/Assignment List and
directed Staff to notify affected agencies, as appropriate.
Megan Rouse, DUSD Board President, pulled Item 4.18, Second Amendment to
Memorandum of Understanding (MOU) between the City of Dublin and the Dublin
Unified School District (DUSD) for 12-Acre School/Park Site with the Dublin Crossing
Project, for further discussion.
On motion of Cm. Gupta, seconded by Cm. Hernandez, and by unanimous vote, the
City Council adopted
RESOLUTION NO. 184 – 16
APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED
SCHOOL DISTRICT
4.1.a
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DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
DECEMBER 20, 2016
5. Written Communication
5.1. Traffic Operations Along Major Corridors
The City Council accepted the report.
6. Public Hearings – None.
7. Unfinished Business – None.
8. New Business
8.1. Cultural Arts Needs Assessment
Kathy Blackburn, Chair of the Heritage and Cultural Arts Commission, provided
public comment on this item.
Steve Minnear, Heritage and Cultural Arts Commissioner, provided public comment
on this item.
By consensus, the City Council directed Staff to return with an item reviewing the
Public Art Master Plan.
8.2. Dublin's 35th Anniversary
Steve Minniear, Dublin resident, provided public comment.
The City Council directed Staff to proceed with Option #3 in celebrating Dublin’s 35 th
Anniversary, as detailed in the Staff Report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Councilmember
SECONDER: Arun Goel, Councilmember
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
8.3. City Councilmember Dublin Pride Week Committee Appointments
The City Council appointed Cms. Goel and Hernandez and members of the Dublin
Pride Week Committee, and Cm. Gupta as an alternate.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
DECEMBER 20, 2016
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Councilmember
SECONDER: Abe Gupta, Vice Mayor
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
8.4. Mayor’s Appointments to City Commissions and Committee
On motion of Vm. Biddle, seconded by Cm. Gupta and by unanimous vote, the City
Council confirmed the appointment to the various Commissions and Committees,
with the exception of the Planning Commission.
On motion of Cm. Gupta, seconded by Vm. Biddle and by majority vote (Mayo r
Haubert and Cm. Goel voting no), the City Council directed the City Attorney to
clarify the role of the Mayor in the appointment process, and discuss alternatives
that would comply with State law, in appointing members of the Planning
Commission.
8.5. Ap pointment of Delegate to Attend the National League of Cities
Congressional City Conference and Designation of Voting Delegate for the
2017 National League of Cities Annual Conference
On motion of Cm. Gupta, seconded by Mayor Haubert and by unanimous vote , the
City Council appointed Cm. Goel as the delegate to attend the Congressional City
Conference in March, with Cm. Hernandez and Vm. Biddle as the alternates; and
appointed Cm. Hernandez as the delegate to attend the City Summit in November,
with Cm. Goel and Vm. Biddle as the alternates.
9. Other Business
By consensus, the City Council directed Staff to return with Brown Act Training for all
Commissioners and Committee members; a Code of Conduct for City Commissions and
Committees, regarding expectations and rules; cost to televise and/or record Planning
Commission meetings, and if other cities televise Planning Commission meetings.
10. Adjournment
The meeting was adjourned at 10:00 p.m. in honor of Staff Sgt. Sean Diamond and all
of our fallen troops
Mayor
ATTEST:
___________________________
4.1.a
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DUBLIN CITY COUNCIL MINUTES 7
REGULAR MEETING
DECEMBER 20, 2016
City Clerk
4.1.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with Geosyntec Consultants for Assistance with Green
Infrastructure Planning and Stormwater Resource Plan Evaluation
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approval of a an Agreement with Geosyntec Consultants
to assist Staff with the conceptual development of the Green Infrastructure Work plan as
described in the Municipal Regional Stormwater Permit provisions, including providing
preliminary green infrastructure project identification and budget analysis. In addition,
Geosyntec Consultants will assist the City in evaluating the benefits of developing a
stormwater resource plan.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Consultant Services Agreement with Geosyntec
Consultants for Assistance with Green Infrastructure Planning and Stormwater
Resource Plan Evaluation.
FINANCIAL IMPACT:
Sufficient funds are available in the Environmental Services Program budget for Fiscal
Year 2016-17.
DESCRIPTION:
The reissued Municipal Regional Stormwater Permit (MRP), of which the City of Dublin
is a co-permittee, went into effect on January 1, 2016. The MRP includes a new
requirement for each permittee to prepare a Green Infrastructure Plan that
demonstrates it can meet targets for the amount of impervious surfaces to be retrofitted
with green infrastructure by 2020, 2030, and 2040, in accordance with mercury and
polychlorinated biphenyls load reduction requirements in Provisions C.11 and C.12 of
the MRP. Green infrastructure allows for the management of stormwater using
vegetation, soils, cisterns, and natural processes. At the citywide level, green
infrastructure refers to the patchwork of natural areas that provides flood protection,
cleaner water, and other benefits. At the neighborhood or site level, green infrastructure
4.2
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Page 2 of 2
refers to stormwater management systems that mimic nature by soaking up and storing
water (also referred to as low impact development, or LID).
Green Infrastructure Plans are intended to:
Set goals for reducing, over the long term, adverse water quality impacts of
urbanization on receiving waters; and
Serve as an implementation guide to provide reasonable assurance that pollutant
load allocations in MRP Provision C.11 and C.12 will be met.
The green infrastructure planning process will account for:
Past projects, as indicated in the MRP;
Planned and potential projects required to include green infrastructure (private
development and capital improvements); and
Identification of additional projects for which Green Infrastructure may be required
in order to meet impervious surface area retrofit targets.
By June 30, 2017, a Green Infrastructure Framework for completing the City of Dublin’s
Green Infrastructure Work Plan must be approved by City Council. The Green
Infrastructure Work Plan must be completed by June 30, 2019. Geosyntec Consul tants
will assist the City as it begins the Green Infrastructure planning process.
Separately but related, California Water Code section 10560 requires the development
of a Stormwater Resource Plan and compliance with the provisions in the section to
receive grant funds from any bond act approved by the voters after January 1, 2014 for
stormwater and dry weather runoff capture projects. Geosyntec Consultants will
provide technical assistance to conduct an evaluation into whether it would be beneficial
for the City to complete a Stormwater Resource Plan or functionally equivalent
document to better position the City for grant funding opportunities to implement
projects which will help meet Green Infrastructure requirements.
Staff completed a Request for Proposal (RFP) process in the months of November and
December, 2016 to hire a consultant to assist with Green Infrastructure planning and a
Stormwater Resource Plan evaluation. Six responses to the RFP were received. Staff
interviewed the two most qualified firms, based on recent work projects, experience with
the MRP Green Infrastructure requirements, and cost proposals. Geosyntec
Consultants is the consultant selected as a result of that process with a not -to-exceed
budget of $85,000 over the contract term ending August 31, 2017.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was sent to Geosyntec Consultants.
ATTACHMENTS:
1. Approving a Consultant Service Agreement between the City of Dublin and
Geosyntec Consultants for Green Inf rastructure Planning and Stormwater Resource
Plan Evaluation, with Agmt Attached
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1
RESOLUTION NO. xx-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND GEOSYNTEC CONSULTANTS FOR GREEN INFRASTRUCTURE
PLANNING AND STORMWATER RESOURCE PLAN EVALUATION
WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for
consultant services for Green Infrastructure Planning and Stormwater Resource Plan
evaluation; and
WHEREAS, Staff reviewed and selected the most qualified firm to complete the
Green Infrastructure Planning and Stormwater Resource Plan Evaluation ; and
WHEREAS, the City has accepted a proposal from Geosyntec Consultants; and
WHEREAS, the term of the Agreement shall begin on January 10, 2017 and
shall end on August 31, 2017; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the Consultant Services Agreement with Geosyntec
Consultants; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Consultant Services Agreement on behalf of the City Council, attached hereto as Exhibit
“A.”
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
4.2.a
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ATTEST:
_______________________________________
City Clerk
4.2.a
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Exhibit A to the Resolution
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GEOSYNTEC CONSTULTANTS, INC.
This Agreement is made and entered into between the City of Dublin (“City”) and Geosyntec
Consultants, Inc. (“Consultant”) as of January 10, 2017 (the “Effective Date”). In consideration
of their mutual covenants, the parties hereto agree as follows:
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in the Scope of Work attached as Exhibit
A at the time and place and in the manner specified therein. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end on August 31, 2017, the date of completion specified
in Exhibit A, and Consultant shall complete the work described in Exhibit A prior
to that date, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Consultant to
complete the services required by this Agreement shall not affect the City’s right
to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is
engaged in the geographical area in which Consultant practices its profession.
Consultant shall prepare all work products required by this Agreement in a
substantial, first-class manner and shall conform to the standards of quality
normally observed by a person practicing in Consultant’s profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel
to perform services pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
standard of performance provided in Section 1.1 above and to satisfy
Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$85,000.00, notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit
A, regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
4.2.a
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the manner specified herein. Except as specifically authorized by City, Consultant shall not bill
City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant
under this Agreement is based upon Consultant’s estimated costs of providing the services
required hereunder, including salaries and benefits of employees and subcontractors of
Consultant. Consequently, the parties further agree that compensation hereunder is intended to
include the costs of contributions to any pensions and/or annuities to which Consultant and its
employees, agents, and subcontractors may be eligible. City therefore has no responsibility for
such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during
the term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Contract shall bill
more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
A Task Summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of completion;
The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder, as well as a separate notice when the
total number of hours of work by Consultant and any individual employee,
agent, or subcontractor of Consultant reaches or exceeds 800 hours,
which shall include an estimate of the time necessary to complete the
work described in Exhibit A;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any
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expense or cost whatsoever incurred by Consultant in rendering services
pursuant to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall
not exceed the amounts shown on the fee schedule set forth on the
compensation schedule attached as Exhibit B.
2.5 Reimbursable Expenses. RESERVED
2.6 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8, the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination. Consultant
shall maintain adequate logs and timesheets in order to verify costs incurred to
that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of this
Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at
its sole cost and expense, provide all facilities and equipment that may be necessary to perform
the services required by this Agreement. City shall make available to Consultant only the
facilities and equipment listed in this section, and only under the terms and conditions set forth
herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may
be reasonably necessary for Consultant’s use while consulting with City employees and
reviewing records and the information in possession of the City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
obligated to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
4.2.a
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Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, 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 Consultant and its agents,
representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to
City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Consultant shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant’s bid. Consultant shall not allow any subcontractor to commence
work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence 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 Consultant’s policy shall be “primary and non-contributory” and will not seek contribution
from City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the
event Consultant 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 Consultant. Failure
to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed
to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change,
or lapse.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers’ Compensation Insurance and Employer’s Liability
Insurance for any and all persons employed directly or indirectly by Consultant.
The Statutory Workers’ Compensation Insurance and Employer’s Liability
Insurance shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those 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
Labor Code shall be solely in the discretion of the Contract Administrator. The
insurer, if insurance is provided, or the Consultant, if a program of self-insurance
is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under
this Agreement.
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
4.2.a
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been given to the City. Consultant shall notify City within 14 days of notification
from Consultant’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the
term of this Agreement in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00) 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.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001
Code 1 (“any auto”).
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be
covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf
of Consultant, including the insured’s general supervision of
Consultant; products and completed operations of Consultant;
premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The
coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
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c. An endorsement must state that coverage is primary insurance
with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by
the City shall be called upon to contribute to a loss under the
coverage.
d. Any failure of CONSULTANT to comply with reporting provisions
of the policy shall not affect coverage provided to CITY and its
officers, employees, agents, and volunteers.
e. 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. Consultant
shall notify City within 14 days of notification from Consultant’s
insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement professional liability
insurance for licensed professionals performing work pursuant to this Agreement
in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the
licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $250,000 per
claim.
4.3.2 An endorsement shall state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits, except
after thirty (30) days’ prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages
are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be
before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable
rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
4.2.a
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extended reporting coverage for a minimum of five years after
completion of the Agreement or the work. The City shall have the
right to exercise, at the Consultant’s sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests’ rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with 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.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in
their subcontract 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.
Subcontractors hired by Consultant agree to be bound to Consultant and
the City in the same manner and to the same extent as Consultant is
bound to the City under the Contract Documents. Subcontractor further
agrees to include these same provisions with any Sub-subcontractor. A
copy of the Owner Contract Document Indemnity and Insurance
provisions 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.
4.4.4 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.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions
(SIR) and/or deductibles must be disclosed to the City for approval and
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shall not reduce the limits of liability. Policies containing any self-insured
retention provision and/or deductibles shall provide or be endorsed to
provide that the SIR and/or deductibles may be satisfied by either the
named insured or the City.
4.4.6 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.
4.4.7 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, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than five
days after Consultant is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option exercise any of
the following remedies, which are alternatives to other remedies City may have
and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment
that becomes due to Consultant hereunder, or both stop work and withhold
any payment, until Consultant demonstrates compliance with the
requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the
maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City,
and City Councilmembers, officers, agents and employees against any and all suits, claims or
actions arising out of any injury to persons or property, including death, that may occur, or that
may be alleged to have occurred, in the course of the performance of this Agreement by a
negligent act or omission or wrongful misconduct of the Consultant or its employees,
subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or
claims and pay all charges of attorneys and all other costs and expenses arising therefrom or
incurred in connection therewith; and if any judgment be rendered against the City or any of the
other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy
and discharge the same. Consultant’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. 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.
4.2.a
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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing
services under this Agreement is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS
as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the
payment of any employee and/or employer contributions for PERS benefits on behalf of
Consultant or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of City.
Consultant/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.
Section 6. STATUS OF CONSULTANT
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of
City. City shall have the right to control Consultant only insofar as the results of
Consultant’s services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have
the right to control the means by which Consultant accomplishes services
rendered pursuant to this Agreement. Notwithstanding any other City, state, or
federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and
any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive
any and all claims to, any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and entitlement
to any contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied,
pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Consultant and
any subcontractors shall comply with all applicable rules and regulations to which
City is bound by the terms of such fiscal assistance program.
4.2.a
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7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant 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. Consultant represents and
warrants to City that Consultant 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, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,
on the basis of a person’s race, religion, color, national origin, age, physical or
mental handicap or disability, medical condition, marital status, sex, or sexual
orientation, 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 Consultant under this Agreement. Consultant
shall comply with all applicable federal, state, and local laws, policies, rules, and
requirements related to equal opportunity and nondiscrimination in employment,
contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations
required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Consultant with compensation beyond the
4.2.a
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maximum amount provided for in this Agreement. Similarly, unless authorized by
the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree
that this Agreement contemplates personal performance by Consultant and is
based upon a determination of Consultant’s unique personal competence,
experience, and specialized personal knowledge. Moreover, a substantial
inducement to City for entering into this Agreement was and is the professional
reputation and competence of Consultant. Consultant may not assign this
Agreement or any interest therein without the prior written approval of the
Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the
Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of
the terms of this Agreement, City’s remedies shall included, but not be limited to,
the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents,
and any other work product prepared by Consultant pursuant to this
Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A
not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the
amount that City would have paid Consultant pursuant to Section 2 if
Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS
9.1 Records Created as Part of Consultant’s Performance. All reports, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans,
4.2.a
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studies, specifications, records, files, or any other documents or materials, in
electronic or any other form, that Consultant prepares or obtains pursuant to this
Agreement and that relate to the matters covered hereunder shall be the property
of the City. Consultant hereby agrees to deliver those documents to the City
upon termination of the Agreement. It is understood and agreed that the
documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City
and are not necessarily suitable for any future or other use. City and Consultant
agree that, until final approval by City, all data, plans, specifications, reports and
other documents are confidential and will not be released to third parties without
prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement for a
minimum of three (3) years, or for any longer period required by law, from the
date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2
of this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of the City. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement exceeds
TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County of Alameda or in the
United States District Court for the Northern District of California.
4.2.a
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10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of
location, would place Consultant in a “conflict of interest,” as that term is defined
in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest in
this Agreement that would violate California Government Code Sections 1090 et
seq.
Consultant hereby warrants that it is not now, nor has it been in the previous
twelve (12) months, an employee, agent, appointee, or official of the City. If
Consultant was an employee, agent, appointee, or official of the City in the
previous twelve months, Consultant warrants that it did not participate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code §1090 et.seq., the entire
Agreement is void and Consultant will not be entitled to any compensation for
services performed pursuant to this Agreement, including reimbursement of
expenses, and Consultant will be required to reimburse the City for any sums
paid to the Consultant. Consultant understands that, in addition to the foregoing,
it may be subject to criminal prosecution for a violation of Government Code §
1090 and, if applicable, will be disqualified from holding public office in the State
of California.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
4.2.a
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additional information, proposers should refer to the FPPC website at
http://www.fppc.ca.gov/Form700.html.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus
group, or interview related to this Agreement, either orally or through any written
materials.
10.9 Contract Administration. This Agreement shall be administered by the City
Manager (“Contract Administrator”). All correspondence shall be directed to or
through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Geosyntec Consultants, Inc.
Nancy Bice, Senior Principal
900 Broken Sound Parkway NW, Suite 200
Boca Raton, FL 33487
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A and B, represents the entire
and integrated agreement between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral.
4.2.a
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IN WITNESS HEREOF, the parties have caused their authorized representatives to
execute this Agreement on the 10th day of January, 2017.
CITY OF DUBLIN CONSULTANT
____________________________ ______________________________
Christopher L. Foss, City Manager Nancy Bice, Senior Principal
Attest:
_____________________________
Caroline Soto, City Clerk
Approved as to Form:
______________________________
John Bakker, City Attorney
4.2.a
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EXHIBIT A
SCOPE OF SERVICES
.
4.2.a
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Exhibit A
SCOPE OF SERVICES – City of Dublin Green Infrastructure/ Stormwater Resource
Plan
Task 1 – Kick-off Meeting
As part of Task 1, Geosyntec will conduct a kick-off meeting with the City’s Project
Manager to discuss: 1) the goals of the project; 2) proposed methodology to complete
the scope; and 3) proposed workflow and schedule. The objectives for the meeting will
be to obtain an understanding of the project goals, as well as the available data related
to past, current, and planned development projects and any efforts conducted by the
City which may contribute to the GI planning effort. Geosyntec will prepare a meeting
agenda and handouts for discussion prior to the meeting.
Deliverables: Kick-off meeting with meeting agenda and handouts.
Task 2 – Develop GI Analyses Methodology and Data Needs Memorandum
Following the discussion with the City regarding data availability and analyses
methodologies in the kick-off meeting, Geosyntec will develop a memorandum to
describe the analyses methodologies that will be used to:
1. Estimate the total impervious area needed to meet the City’s portion of the load
reductions required by the MRP using GI (e.g., 0.7 grams per year by 2020 and
18 grams per year by 2040 for PCBs);
2. Identify existing public and private development projects (MRP 1.0 C.3 projects),
current public and private development projects (MRP 2.0 C.3 projects), and
potential future private development projects (2020 – 2040);
3. Estimate the public impervious retrofit area needed to meet the City’s portion of
the PCBs and mercury load reductions, if needed based on the C.3 project
analysis; and
4. Identify potential public parcel-based and regional project locations.
The methodology to identify the public impervious area targets (#3) and potential GI
retrofit locations is anticipated to entail a combination of GIS analyses and load
reduction calculation.
Public Impervious Area Targets for Retrofit or Redevelopment
During the kick-off meeting, Geosyntec will discuss with the City how best to incorporate
the spreadsheet tool developed for ACCWP member agencies (distributed in August
2016) to quantify the area of impervious surface that must receive GI stormwater
treatment to meet the TMDL wasteload allocations in the MRP. The method for
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establishing public impervious area targets is proposed to entail identification of two
estimates of retrofit and/or redevelopment area:
1. Approximating the total area needed to be redeve loped or retrofit to meet the
load reduction targets for years 2020 and 2040 by land use category (i.e., 28
acres of Old Urban area would meet the City’s PCBs-related GI requirement for
2020 and 681 acres would be required by 2040 per the spreadsheet tool default
inputs).
2. Identifying the public and private parcels or areas that could feasibly be retrofitted
or redeveloped by 2020, 2030, and 2040.
Identifying the area needed from a load-reduction perspective can be answered by
utilizing the ACCWP GI Implementation Tool.
Any approach will entail identification of all C.3 projects that are currently or will be
implemented in the City and an estimation of the extent to which C.3 projects could be
implemented by 2040. Geosyntec will discuss with the City the best approach to
understand what data are available to identify specific parcels or areas that could be
subject to C.3 requirements during the kick-off meeting. Once the load reduction
associated with the C.3 projects has been calculated, the difference bet ween the
required load reduction and the C.3 load reduction can be used to calculate the required
retrofit area.
The total area feasibly retrofitted or redeveloped, from a total available area and cost
perspective, will be discussed with the City during the kick-off meeting, and a method to
identify this total area will be established in the memorandum. This method may include
a cost-based analysis along with other data gathering steps. The cost -based analysis
method is anticipated to be either qualitative or on a planning level, using rough
approximations for cost/acre/year.
The methodology for this total area analysis will be discussed during the kick -off
meeting and documented in the memorandum. The analyses will be carried out as part
of Task 3.
Public Retrofit Projects and Regional Projects for MRP Term 2.0
The approach proposed to identify potential regional or public GI retrofit project
locations is anticipated to entail a detailed GIS desktop analyses used to identify
specific parcels or locations for regional facilities within the City for GI retrofit project
opportunities. ACCWP is developing an online GIS Tool that could be used to identify
and prioritize opportunities for C.3.j projects. This GIS Tool, if available in time, will be
used in combination with any other desktop analyses conducted as part of this task. At
the project kick-off meeting, Geosyntec will discuss how to best incorporate this GIS
Tool into the analysis or alternatives if the Tool is not available in time for this project.
4.2.a
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It is anticipated that the GIS analyses will use specific characteristics of parcels to
screen for feasible project locations. Parcel data will be obtained from the City or other
publicly available sources. Geosyntec will also utilize this approach to eval uate
opportunities for installing regional controls (i.e., facilities that treat drainage from
multiple parcels), potentially in combination with existing flood control basins, if present.
The GI retrofit sites identified as potentially feasible through the GIS analysis can then
be analyzed in terms of potential for reduction of POC loads and runoff volume for the
area tributary to each potential retrofit location. The evaluation will be based on a
hydrologic budget combined with land use-based pollutant loading. Ideal locations are
those where GI control measures could be installed that can treat higher pollutant-
loading land uses, such as old industrial and old urban, as well as those that can retain
and/or treat as much runoff onsite from the target design storm as is feasible using
infiltration and evapotranspiration.
The approach to identifying public retrofit project sites and regional project sites will be
documented in the memorandum produced as part of this Task, and carried out as part
of Task 4.
Memorandum
Based on discussions with the City during the kick-off meeting, Geosyntec will
document the proposed approach to conducting the two main analyses identified (i.e.
calculating total area targets, and identifying public GI retrofit and regional project
locations) in a technical memorandum. The memorandum will be provided to the City in
draft form for review, and a conference call will be set following City review to discuss
any major questions or revisions the City may have. This memorandum will a lso be
revised as needed and incorporated into the final Project Documentation as part of Task
6. The memorandum will serve to guide the analyses conducted as part of Tasks 3 and
4.
Data Needs
An initial data needs document will be sent to the City as an attachment to the draft
Memorandum. The initial data needs will be based on the discussions with the City and
the content in the draft memorandum; however, it will be updated as needed based on
comments received from the City and changes incorporated into a final Data Needs
request.
The GIS files required to conduct the analyses are anticipated to include land use,
existing stormwater and flood control infrastructure, parcel ownership, tributary
information, and available information regarding site constraints, such as geotechnical
hazards, groundwater contamination, underground utilities, or other data. Any of this
4.2.a
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information contained within the ACCWP GIS Tool provided is not anticipated to be
requested from the City.
Deliverables: Draft GI Analyses Methodology Memorandum, Initial Data Needs request,
Conference Call, Final Data Needs request.
Task 3 – Identify Public Impervious Area Targets for Retrofit or Redevelopment
Utilizing the data, ACCWP spreadsheet tool, and methodology documented in the GI
Analyses Methodology Memorandum, the targets for public impervious surfaces to be
retrofitted or redeveloped by 2020, 2030, and 2040, as connected to mercury and PCB
load reduction requirements in MRP Provisions C.11 and C.12 will be calculated.
The result of these analyses are anticipated to provide an estimation of the total area
needed to be retrofit or redeveloped as well as the total area feasibly retrofit or
redeveloped by the target dates. The area targets will be summarized in a table and
planning level map and shared with the City.
Deliverables: Target area calculation result table, planning level map.
Task 4 – Identify Retrofit Projects and Regional Projects
Utilizing the methodology summarized in the GI Analyses Methodology Memorandum,
ACCWP GIS Tool (if available), and data provided by the City, public and private GI
retrofit projects and potential regional project locations will be identified. Prior to
initiating the analyses and/or as part of Task 3, Geosyntec will work with the City to
identify existing, planned, or potential GI projects that should be included in the
prioritization analysis.
These identified parcels or regional facility locations will then be prioritized based on
their implementation feasibility and load reduction potential, utilizing the approach
documented in the GI Analyses Methodology Memorandum. Ideal locations are those
where GI BMPs could be installed that can retain and/or treat as much runoff onsite
from the target design storm as is feasible using infiltration and evapotranspiration. GI
BMPs should also target areas that are comprised of higher pollutant -loading land uses,
such as industrial, commercial or transportation land uses. To examine load reduction
potential, the methodology described in the GI Analyses Methodology Memorandum will
be used along with the ACCWP GIS Tool (if available). It is anticipated that this
analyses will include an estimation of the hydrologic volume potentially captured by the
proposed site (using available tributary area data) along with the potential pollutant load
from adjacent land-uses.
Geosyntec’s preliminary analysis of land use data shows that there are less than 9.8
acres of Old Industrial land uses within the City; however, there are approximately 2,058
4.2.a
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acres of Old Urban land uses. Geosyntec will also examine locations where
opportunistic retrofits could be implemented which may not meet the target design
storm volume (due to site conditions/constraints), as allowed by the Draft Framework for
GI Plan Development, but could result in some hydrologic or water quality benefits.
The results of the prioritized analysis will be delivered to the City in a list of potentially
feasible GI project sites, as well as a planning-level map of project locations. The map
will indicate the identified site locations, the volume that could be captured based on the
hydrologic calculations conducted using available data, the land use types draining to
the site locations, and a baseline estimate of load tributary to the sites. Following
delivery, the sites will be discussed with the City to eliminate any sites that are
infeasible.
Deliverables: List and map of potential GI project locations, including baseline estimate
of tributary load.
Task 5 – Cost Analysis and Memorandum
Following delivery of the target area calculation list and map, as well as the list and map
of potential GI project locations, Geosyntec will schedule an in-person meeting or
conference call with the City of Dublin to discuss the best approach for developing a
cost estimate for implementing the GI Plan, including O&M of GI projects. At this time,
cost data needs will also be discussed and/or delivered to the City.
Geosyntec will utilize cost data provided by the City as well as available cost data
obtained from other regions that have implemented GI, including extensive data from
Los Angeles County Enhanced Watershed Management Plans, to examine costs. Cost
data requested from the City to conduct the analysis is anticipated to include
construction costs from GI projects that have been implemented, as well as O&M costs
or annual budgets, coupled with estimations of hours spent maintaining GI sites. The
City cost data will be extrapolated using cost data from other regions to estimate the
planning level costs of implementation of GI over MRP Term 2.0, as well as the time
ranges from 2020 to 2030, and 2030 to 2040.
The cost data will be documented in a short memorandum along with a summary of the
calculation approach.
Deliverables: In-person cost discussion meeting and data needs; Cost Analysis
Memorandum including estimated costs for implementation and description of
calculation approach.
4.2.a
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Task 6 – Modification of Countywide Clean Water Program GI Details for City
Standards
Geosyntec will also meet with the City to discuss changes to the ACCWP GI Details to
meet the City Standards. This meeting could take place at the same time as the cost
meeting or could be scheduled as a subsequent conference call. Prior to the meeting,
Geosyntec will review applicable City Standards (stormwater standards as well as
additional standards identified by the City) which could affect the details. Geosyntec will
discuss with the City the changes needed for the details and will utilize CAD to make
the changes to the files. Draft CAD detail files will be submitted to the City for review
and comment. Based on feedback from the City, Final CAD detail drawings (in CAD and
pdf) will be submitted to the City. This task assumes that the City or ACCWP will
provide Geosyntec with the original CAD files that will be revised.
Deliverables: Meeting or conference call to discuss details; Draft GI Details; Final GI
Details.
Task 7 – Final Documentation
Geosyntec will compile the memoranda, tables, maps, and figures from Tasks 2 through
6 and develop documentation to summarize the project methods and findings. The
documentation will be prepared consistent with the format included in the Framework for
Green Infrastructure Plan Development (ACCWP, 2016, currently DRAFT) and
anticipated planning documents. The documentation developed as part of this scope will
be prepared with the intent of being directly utilized in the City’s Green Infrastructure
Workplan document.
Deliverables: Draft documentation summarizing the project methods, findings, and
compiled result figures and tables; final documentation summarizing the methods and
findings and compiled result figures and tables.
Task 8 – Identify Additional Needs for SWRP
As part of Task 8, Geosyntec will review plans and reports relevant to the SWRP
prepared for and provided by the City. Then, using a comparison table, the work
needed to complete the GI Plan will be compared to the water code requirements for
the SWRP to understand the additional analyses and SWRP text that will be needed. A
summary of the additional needs for the SWRP will be provided to the City of Dublin for
discussion. Based on the requirements above, they are anticipated to include but are
not limited to:
1. A more comprehensive summary of City watersheds and the water quality
priorities for those watershed (in addition to the TMDL POCs);
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2. A summary of Plan consistency or integration with GI Plan and MRP
Requirements;
3. Identification of projects which could meet multiple benefits (not just reduction of
TMDL POCs), including flooding, water supply, and other environmental and
community benefits, using input from stakeholders and an expanded GIS
analysis;
4. Prioritization of projects based on a multiple benefit approach (not just reduction
of TMDL POCs);
5. Expansion on GI Plan-required implementation strategy and schedule to include
additional projects; and
6. Expansion on Education and Outreach.
An estimate of effort associated with the development of the SWRP will also be
developed and provided to the City.
Deliverables: Table comparing SWRP requirements to GI Plan requirements; Estimate
of additional effort needed to complete SWRP.
Task 9 – Analysis of Stormwater Capture Project Feasibility
For Task 9, Geosyntec will conduct a desktop analysis to examine the feasibility of
implementing stormwater capture projects in the City. These include projects that use
stormwater and urban runoff as a water supply either directly via surface storage, or
indirectly through groundwater recharge. The approach is anticipated to include an
analysis of potential stormwater supply sources, as well as an examination of possible
integration of stormwater sources to optimize yield, and a planning level investigation of
where and how to transport, treat, and store the captured stormwater. Water storage
and/or recharge locations are anticipated to be identified using a GIS-based feasibility
analysis. Parameters which affect feasibility may include but are not limited to: d rainage;
parcel ownership; geotechnical constraints; soils and geology; depth to groundwater;
transport feasibility; treatment capability; runoff quantities; environmental
considerations; community impacts; aesthetic concerns; and others.
Feasibility data will be requested and obtained from the City, the ACCWP Tool, or other
publicly available sources discussed with the City. Following receipt of data, Geosyntec
will conduct an analysis to identify feasible stormwater capture project locations in GIS.
Based on the watershed area and imperviousness obtained from available data, an
estimate of the total runoff that could be captured in the identified project locations can
be calculated. The identified locations will be displayed in a map format and the
methodology used to identify the locations (which will be similar to that developed for
Task 4), will be summarized in a memorandum.
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In addition to a map of locations, Geosyntec will include a section in the memorandum
which describes example stormwater capture technology, and identify potential project
partners that could design, install, and maintain (if needed) the technology.
Deliverables: Map of potential stormwater capture locations; memorandum describing
methods, potential stormwater capture technologies, and potential project partners.
Task 10 – Project Management and Meetings
This task provides the overall management of the project. Immediately upon award of
the contract, the Geosyntec PM will develop a Project Administration Plan (PAP) based
on discussions with the City.
This task will also include conference calls and other communications that Geosyntec
has with the City that are not specifically called out in tasks above. These are
anticipated to include phone meetings that occur as needed for projec t coordination or
to discuss emerging issues that require prompt attention.
Deliverables: Project Management; Client Communication.
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Exhibit B December 28, 2016
EXHIBIT B
COMPENSATION SCHEDULE
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Exhibit B December 28, 2016
EXHIBIT B
COMPENSATION SCHEDULE
Project Schedule
The project will begin January 11, 2017 and the scope will be completed by August 31,
2017, with an estimated 7-month total duration.
Task Anticipated Completion Date
1 – Kickoff Meeting and Prep January 20, 2017
2 – GI Analyses Memo and Data Needs February 28, 2017
3 – Identify Impervious Area Targets February 28, 2017
4 – Identify Projects for MRP Term 2.0 April 30, 2017
5 – Cost Analysis April 30, 2017
6 – GI Details May 31, 2017
7a – draft of Final documentation May 15, 2017
7b – Final Documentation May 31, 2017
8 – Identify Additional Needs for SWRP June 30, 2017
9 – Analysis of Stormwater Capture Project Feasibility August 31, 2017
10 – Project Management August 31, 2017
Project Budget
The budget for completion of tasks outlined in the scope of work included as Exhibit A is
included in the Table following. A Geosyntec rate schedule is included at the end of this
section. Cost estimates are provided on a time and materials basis with a total budget of
approximately $85,000. The budget assumes the following:
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Exhibit B December 28, 2016
1. Data needed for the analyses conducted as part of Tasks 3, 4, 5, 8, and 9 will be
provided by ACCWP or the City of Dublin unless stated in Exhibit A, in the GI
Analyses Methodology Memorandum, or specific discussions with the City that
data will be obtained or provided by Geosyntec.
2. There will be no more than two (2) in-person meetings with the City.
3. The Draft ACCWP Framework for GI Plan Development and associated tools will
not change to the extent that they would cause subst antial changes to the
proposed budget.
4. CAD files of details which require modification will be provided by ACCWP or the
City to complete Task 6.
Budget Summary Table
Task Total Labor
Cost
3% Communications
Fee
Total Task
Budget
1 - Kickoff Meeting and Prep $1,872 $56 $1,928
2 - GI Analyses Memo and Data Needs $8,914 $267 $9,181
3 - Identify Impervious Area Targets $7,924 $238 $8,162
4 - Identify Public Projects $11,154 $335 $11,489
5 - Cost Analysis and Memo $6,950 $209 $7,159
6 - GI Details $7,626 $229 $7,855
7 - Final Documentation $9,278 $278 $9,556
8 - Identify Additional Needs for SWRP $4,398 $132 $4,530
9 - Analysis of Stormwater Capture Project
Feasibility $18,012 $540 $18,552
10 - Project Management $6,372 $191 $6,563
Total Project Budget $82,500 $2,475 $84,975
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Exhibit B December 28, 2016
Budget Detail Table
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Exhibit B December 28, 2016
Position/ Rate Senior
Principa
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$278
Principa
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$248
Senior
Enginee
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$222
Project
Enginee
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$195
Enginee
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$172
Sr. Staff
Enginee
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$149
Admin
$76
Total
Hours
Total
Cost Task
1 - Kickoff Meeting and Prep
2
4
4
10 $1,872
2 - GI Analyses Memo and Data
Needs 1 4 2 8 12 24
51 $8,914
3 - Identify Impervious Area Targets
2
4 4 40
50 $7,924
4 - Identify Public Projects 1 2 4 8 8 44
67 $11,15
4
5 - Cost Analysis and Memo 1 2 2 4 8 24
41 $6,950
6 - GI Details
2
6
40
48 $7,626
7 - Final Documentation 1 4 4 8 8 24 8 57 $9,278
8 - Identify Additional Needs for SWRP 1 2
8 12
23 $4,398
9 - Analysis of Stormwater Capture
Project Feasibility 1 4
8 12 86 4 115 $18,01
2
10 - Project Management
28
12 40 $6,372
Total Labor Hours 6 24 12 86 64 286 24 502
Labor Subtotal $1,668 $5,952 $2,664 $16,770 $11,008 $42,614 $1,824
$82,50
0
Communication Fee (3% of Labor
Total) $50 $179 $80 $503 $330 $1,278 $55
$2,475
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Exhibit B December 28, 2016
Total $1,718 $6,131 $2,744 $17,273 $11,338 $43,892 $1,879
$84,97
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Exhibit B December 28, 2016
GEOSYNTEC CONSULTANTS
RATE SCHEDULE
Rate/Hour
Staff Professional $128
Senior Staff Professional $149
Professional $172
Project Professional $195
Senior Professional $222
Principal
Senior Principal
$248
$278
Engineering Technician I $ 80
Engineering Technician II $ 85
Senior Engineering Technician I $ 95
Senior Engineering Technician II $100
Site Manager I $105
Site Manager II $115
Construction Manager I $125
Construction Manager II $135
Designer $139
Senior Drafter/Senior CADD Operator $125
Drafter/CADD Operator/Artist $109
Project Administrator $ 76
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Exhibit B December 28, 2016
Clerical $ 54
Direct Expenses Cost plus 12%
Subcontract Services Cost plus 15%
Technology/Communications Fee 3% of Professional
Fees
Specialized Computer Applications (per hour) $ 24
Personal Automobile (per mile) Current Gov’t Rate
Photocopies (per page) $ .10
Rates are provided on a confidential basis and are client and project specific.
Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer
Price Index for Engineering Services.
Rates for field equipment, health and safety equipment, and graphical supplies presented upon
request.
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Participation in the California Statewide Communities Development
Authority (CSCDA) Open Property Assessed Clean Energy (PACE)
Program
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The California Statewide Communities Development Authority (CSCDA) is
implementing Property Assessed Clean Energy (PACE) under the provisio ns of Chapter
29 of Division 7 of the Streets & Highways Code (commonly referred to as AB 811) on
behalf of its member counties and cities. AB811 authorizes a legislative body to
designate an area within which authorized public officials (including a JPA like CSCDA)
and free and willing property owners may enter into voluntary contractual assessments
to finance the installation of renewable energy, energy efficiency, water efficiency,
seismic strengthening improvements; and electric vehicle charging infras tructure affixed
to real property. CSCDA’s Commissioners pre-qualified and appointed several PACE
Administrators to manage the CSCDA Open PACE program in order to offer members
turn-key PACE solutions that provide residential and commercial property owners
choice among prequalified PACE financing providers. The City Council will consider
authorizing Open PACE Programs in Dublin.
STAFF RECOMMENDATION:
Adopt the Resolution Consenting to the Inclusion of Properties within the Territory of
the City of Dublin in the CSCDA Open PACE Programs; Authorizing the California
Statewide Communities Development Authority to Accept Applications from Property
Owners, Conduct Contractual Assessment Proceedings and Levy Contractual
Assessments within the Territory of the City of Dublin; and Authorizing Related Actions.
FINANCIAL IMPACT:
There is no negative fiscal impact to the General Fund by consenting to the inclusion of
properties within the City limits in CSCDA Open PACE. All CSCDA Open PACE
administrative costs are covered through an initial administrative fee included in the
property owner’s voluntary contractual assessment and an annual administrative fee,
which is also collected on the property owner’s tax bill.
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DESCRIPTION:
Under the Improvement Act of 1911 (California Streets and Highways Code Division 7),
cities, counties, and special districts may create or join special tax districts through
which property owners agree to special assessments. Under amendments included in
AB 811 (2008), a residential or commercial property owner can access special financing
(up to 15% of their property’s value) through a special tax district for permanent
renewable energy, energy efficiency, and water efficiency improvements to existing
structures. The property owner voluntarily enters into a contractual agreement with the
special tax district in which they reside to access financing that is secured by a lien on
their property and repaid as a special assessment on their property tax bill. This means
that the property owner pays th e special tax at the same time and in the same manner
as other property taxes and assessments. This financing approach is referred to as
Property Assessed Clean Energy (PACE), and programs that facilitate this form of
financing are referred to as PACE programs.
CSCDA Open PACE is being offered to allow property owners in participating cities
and counties to finance renewable energy, energy water efficiency improvements,
seismic improvements and electric vehicle charging infrastructure on their property.
Participation in the assessment is 100% voluntary by the property owner. The
improvements installed on the owner’s property are financed by the issuance of bonds
by CSCDA. The bonds are secured by a voluntary contractual assessment levied on
the owner’s property. Property owners who wish to participate in PACE agree to repay
the money through the voluntary contractual assessment collected with property taxes.
The voluntary contractual assessments will be levied by CSCDA and collected in
annual installments through the applicable county secured property tax bill.
PACE offers an advantage to some property owners over other financing options,
including the following:
• Some homeowners that would like to implement energy efficiency and water
conservation improvements might not be eligible for a Home Equity Line of
Credit (HELOC) due to their credit rating or debt-to-income ratio;
• Some homeowners who are eligible for or already have a HELOC might want
to reserve their HELOC for an emergency or other expenses, an d therefore
might not want to use it for energy efficiency or water conservation
improvements;
• HELOC interest rates are typically variable, whereas PACE assessment
interest rates are fixed for the entire term of the assessment;
• A HELOC’s term might be limited to one shorter than the useful life of the
improvement, and therefore shorter than the term of PACE financing, which
might result in un-affordable payments for the property owner;
• Whereas most private loans are due upon the sale of the benefited property,
the PACE obligation transfers with the property upon sale; and
• For commercial property owners, PACE financing is available to some
borrowers that might not meet traditional lending requirements, such as a
minimum number of years in operation or years of audited financial
statements.
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Besides the financial advantages that PACE might provide to some property owners,
PACE programs that operate under the CSCDA Open PACE initiative also offer control
advantages for the improvements. Most PACE program s have some built in protections
safeguarding property owners working with contractors on PACE-related projects.
CSCDA launched the most stringent consumer protection policies in the nation in
December 2015. For example, Open PACE programs only allow property owners to work
with contractors that have met the program’s screening criteria, which usually includes
that the contractors are licensed, bonded, and insured and in good standing with the
California Contractors State License Board. In addition, PACE pr ograms usually restrict
contractors to installing eligible products, provide a fair pricing guarantee, require that
contractors obtain all required permits, provide a dispute resolution mechanism, and only
pay contractors for work once it has been completed to the satisfaction of the property
owner.
Currently the CSCDA Open PACE initiative encompasses California First (already
authorized to finance PACE projects in Dublin by earlier Resolution), PACE Funding
Group LLC, Alliance NRG, Spruce Finance and Clea nFund Commercial PACE Capital.
In order for Dublin property owners to be eligible to access PACE financing through
CSCDA Open PACE, the City would need to authorize the special tax district to serve as
a provider of PACE financing to its property owners. Participating jurisdictions can
withdraw from the special tax districts or PACE programs at any time by passing a
resolution rescinding the authorization.
Launched by CSCDA in 2015, by November 1, 2016 the initiative had been adopted by
146 municipalities in 34 of the California Counties. The following Alameda County
municipalities currently participate in CSCDA Open PACE: Albany, Berkeley, Piedmont,
Hayward, Oakland, Union City, Newark, San Leandro, Fremont and Alameda County.
A Resolution to authorize an Open PACE program in Dublin is provided in Attachment 1.
The City is already a member of the California Statewide Communities Development
Authority (CSCDA), and has been since August 5, 2003. CSCDA (and not the City)
would be responsible for entering into voluntary contractual assessment agreements with
participating property owners, levying the voluntary contractual assessments, issuing
bonds to finance the Improvements and taking remedial actions in the event of
delinquent assessment payments.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
1. Resolution Consenting to the Inclusion of Properties within the Territory of the City of
Dublin in the CSCDA Open PACE Programs
4.3
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RESOLUTION NO. xx-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY
OF THE CITY OF DUBLIN IN THE CSCDA OPEN PACE PROGRAMS;
AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS,
CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF
DUBLIN; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the
Authority) is a joint exercise of powers authority, the members of which include numerous cities
and counties in the State of California, including the City of Dublin (the City); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE)
programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE
programs each administered by a separate program administrator (collectively with any
successors, assigns, replacements or additions, the “Programs”), to allow the financing or
refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening
improvements, electric vehicle charging infrastructure and such other improvements,
infrastructure or other work as may be authorized by law from time to time (collectively, the
“Improvements”) through the levy of contractual assessments pursuant to Chapter 29 of Division
7 of the Streets & Highways Code (Chapter 29) within counties and cities throughout the State of
California that consent to the inclusion of properties within their respective territories in the
Programs and the issuance of bonds from time to time; and
WHEREAS, the program administrators currently active in administering Programs are
the AllianceNRG Program (presently consisting of CounterPointe Energy Solutions LLC and
Leidos Engineering, LLC), PACE Funding LLC, Renewable Funding LLC, CleanFund
Commercial PACE Capital and Spruce Finance; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner or owners of each lot or parcel on which an
assessment is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property (Participating Property
Owners) within its territory to participate in the Programs and to allow the Authority to conduct
assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or
refinance Improvements; and
4.3.a
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WHEREAS, the territory within which assessments may be levied for the Programs shall
include all of the territory within the City’s official boundaries; and
WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for
the Programs and issue any bonds issued in connection with the Programs; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of delinquencies
in such assessment payments; or the issuance, sale or administration of any bonds issued in
connection with the Programs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin
as follows:
Section 1. This City Council hereby finds and declares that properties in the territory
of the City will benefit from the availability of the Programs within the territory of the City and,
pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to
Chapter 29 and the issuance of bonds to finance or refinance Improvements.
Section 2. In connection with the Programs, the City hereby consents to the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 on any property
within the territory of the City and the issuance of bonds to finance or refinance Improvements;
provided, that
(1) The Participating Property Owners, who shall be the legal owners of such
property, execute a contract pursuant to Chapter 29 and comply with other applicable
provisions of California law in order to accomplish the valid levy of assessments; and
(2) The City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of any
bonds issued in connection with the Programs.
Section 3. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the Programs available to all property owners who wish to
finance or refinance Improvements; provided, that the Authority shall be responsible for
providing such applications and related materials at its own expense. The following staff
persons, together with any other staff persons chosen by the City Manager of the City from time
to time, are hereby designated as the contact persons for the Authority in connection with the
Programs: Environmental Coordinator.
Section 4. The appropriate officials and staff of the City are hereby authorized and
directed to execute and deliver such certificates, requisitions, agreements and related documents
as are reasonably required by the Authority to implement the Programs.
4.3.a
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Section 5. The City Council hereby finds that adoption of this Resolution is not a
“project” under the California Environmental Quality Act, because the Resolution does not
involve any commitment to a specific project which may result in a potentially significant
physical impact on the environment, as contemplated by Title 14, California Code of
Regulations, Section 15378(b)(4).
Section 6. This Resolution shall take effect immediately upon its adoption. The City
Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the
Secretary of the Authority at: Secretary of the Board, California Statewide Communities
Development Authority, 1400 K Street, Sacramento, CA 95814.
PASSED AND ADOPTED this 10th day of January, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.3.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Joint Community Facilities Agreement Among the City of Dublin, Dublin
San Ramon Services District and Dublin Crossing LLC.
Prepared by: Jay Baksa, Financial Analyst
EXECUTIVE SUMMARY:
The City Council will consider approval of a Joint Community Facilities Agreement
among the City of Dublin, Dublin San Ramon Services District (DSRSD), and Dublin
Crossing LLC, in order to authorize the City of Dublin Community Facilities District
2015-1 (Dublin Crossing) to finance the improvements to be owned, maintained and
operated by DSRSD.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing Execution of a Joint Community Facilities Agreement
Among the City of Dublin, Dublin San Ramon Services District, and Dublin Crossing
LLC, for the City of Dublin Community Facilities District 2015-1 (Dublin Crossing).
FINANCIAL IMPACT:
Approval of the Joint Community Facilities Agreement has no fiscal impact, but is part of
the larger action relating to the formation of the City of Dublin Community Facilities
District No. 2015-1 (Dublin Crossing) and the financing of certain public facilities therein.
DESCRIPTION:
On June 2, 2015, the City Council approved the formation of the City of Dublin
Community Facilities District (CFD) No. 2015-1 (Dublin Crossing) to finance certain
public facilities in the Dublin Crossing project area, and formalized the City’s intent to
issue debt on behalf of the CFD for such improvements. Debt service will be paid via a
levy of special taxes on the properties within the CFD boundaries.
Among the items to be financed are facilities that will be owned and operated by Dublin
San Ramon Services District (DSRSD), as well as certain DSRSD fees owed by the
developer. These include backbone sewer, potable water, and recycled water
improvements, as well as water capacity reserves fees, water meter assembly fees, and
4.4
Packet Pg. 64
Page 2 of 2
wastewater capacity reserve fees. A Joint Community Facilities Agreement (JCFA) is
the instrument that will allow the CFD to finance these items. Staff anticipates bringing
another, similar JCFA to the City Council for approval at a future meeting to allow for
CFD financing of facilities to be owned and operated by Zone 7.
Approval of the Resolution (Attachment 1) will allow the City Manager to execute the
JCFA (Exhibit A to the Resolution). The JCFA has been signed by the developer, and
was approved by the DSRSD Board of Directors on October 4, 2016 via Resolution 63-
16 (Attachment 3).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Authorizing Execution of a Joint Community Facilities Agreement Among
the City of Dublin, Dublin San Ramon Services District and Dublin Crossing LLC
2. Exhibit A to the Resolution: Joint Community Facilities Agreement Between the City
of Dublin, DSRSD, and Dublin Crossing LLC
3. DSRSD Resolution 63-16
4.4
Packet Pg. 65
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
******************
AUTHORIZING EXECUTION OF A JOINT COMMUNITY FACILITIES AGREEMENT
AMONG THE CITY OF DUBLIN, DUBLIN SAN RAMON SERVICES DISTRICT, AND
DUBLIN CROSSING, LLC
WHEREAS, the City of Dublin ("City") has conducted proceedings under the
Mello-Roos Community Facilities Act of 1982 to form the City of Dublin Community
Facilities District No. 2015-1 (Dublin Crossing) and will be conducting proceedings to
issue taxable or tax-exempt debt to finance certain public facilities and certain capital
fees; and
WHEREAS, the public facilities to be financed includes certain facilities to be
owned and operated by Dublin San Ramon Services District (“District”), and the capital
fees to be financed include certain District fees as described in the Joint Community
Facilities Agreement with the City and Dublin Crossing, LLC (“Developer”); and
WHEREAS, the District authorized, via Resolution 63 -16, the Joint Community
Facilities Agreement between the City, District, and Developer, and declared its
willingness to cooperate with the City in accomplishing the financing of certain of its
facilities and District fees through the City of Dublin Community Facilities District No.
2015-1 (Dublin Crossing; and
WHEREAS, the agreement cites that the District, the Developer and the City
wish to provide that the funds generated through the CFD proceeding are solely for the
purpose of payment for certain District facilities, certain District fees, and other facilities
and fees, that each local agency shall be solely and separately responsible for all other
aspects of planning, acquiring, constructing, reconstructing, furnishing, equipping, and
owning its own facilities.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Dublin hereby finds, determines and resolves as follows:
1. The Joint Community Facilities Agreement (attached hereto as Exhibit A) by
and among the City of Dublin, Dublin San Ramon Services, District, and
Dublin Crossing LLC is hereby determined to be beneficial to future
residents/customers within the CFD and is therefore approved.
2. The City Manager is hereby authorized to make non -substantive changes
thereto, as approved by the City Attorney, and the City Manager is hereby
authorized and directed to execute said agreement on behalf of the City of
Dublin.
4.4.a
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PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the
following vote:
AYES: Council Members
________________________________________
NOES: Council Members
________________________________________
ABSENT: Council Members
________________________________________
ABSTAIN: Council Members
________________________________________
____________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.4.a
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Utility Box Art Pilot Program Design Selection
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
The City Council will consider a recommendation from the Heritage and Cultural Arts
Commission for artwork to be painted on six utility boxes along Village Parkway, under
the Utility Box Art Pilot Program.
STAFF RECOMMENDATION:
Approve the Heritage and Cultural Arts Commission's selections for the Utility Box Art
Pilot Program.
FINANCIAL IMPACT:
Staff estimates the cost of the Utility Box Art Pilot Program, including artist payments
and Staff time, to be approximately $7,700. Per the Public Art Ordinance, this project is
eligible for funding with Public Art Fund monies, and the City Council previously
approved $8,000 for the purpose of this program.
DESCRIPTION:
At the March 1, 2016 meeting, the City Council approved and funded a Utility Box Art
Pilot Program to paint six boxes in the Village Parkway District and Dublin High School
neighborhood. The Commission recommended the three boxes nearest Dublin High
School (A, B, and C) be reserved for student artists working under the supervision of an
adult artist or art teacher, and the three boxes in the Village Parkway District (D, E, and
F) be awarded to professional artists or student artists.
The City Council directed Heritage and Cultural Arts Commission to choose a theme,
and the theme chosen was “Variations on a Shamrock.”
Staff issued a Call for Artists on October 24, publicizing the opportunity through normal
City channels (website, etc.), as well as via email to local public school art teachers,
private art studios, registrants in the Cultural Arts Database, nearby cities with
4.5
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Page 2 of 3
successful utility box art programs, and the California Cultural Arts Council website. The
deadline to apply was November 21.
No student applications were received for boxes A, B, and C, although Staff is aware
that teachers did promote the opportunity numerous times to students. Five professional
artists applied, submitting a total of nine designs for consideration for boxes D, E, and F.
In light of the absence of any student submissions for boxes A, B, and C, Staff
recommended, and the Commission agreed, to relax the Call for Artists specifications
that six different artists be chosen and that only students be considered for the boxes
near the high school. The three boxes in the high school neighborhood are frequent
targets of graffiti vandals. The desire to use public art to deter graffiti on specific
“problem” boxes was a significant factor in establishing this pilot program.
The Commission recommended the following assignments, and Staff has confirmed
with all artists that they would be willing to modify their designs, if needed, should City
Council approve the Commission’s recommendation.
Box A - Southbound Village Parkway at Davona Drive (near DHS)
The Commission recommended a design by Kimberly Overton of Castro Valley, titled
“Reaching for a Shamrock,” which features hands of various skin tones reaching for
shamrocks against a light green background and was inspired by a poem written by the
artist. The Commission felt this design’s theme of diversity was well-suited for a box
near the high school, and the fact that it had no large solid colored areas made it less
appealing as a tagging target.
Box B - Southbound Village Parkway at Brighton Drive (directly opposite DHS)
The Commission recommended a design by Suzanne Gayle of Hayward, titled
“Electric Shamrock,” which uses bright neon colors to emphasize a happy, cheerful
community. It is also a nod to Dublin’s growing technology sector. The Commission felt
this colorful design would appeal to teens and busy design would make it less appealing
as a tagging target.
Box C - Southbound Village Parkway at Tamarack Drive (near DHS)
The Commission recommended a second design by Suzanne Gayle, “Shamrock
Community,” which depicts an orange cat and golden dog playing in shamrocks. The
Commission felt that this design would be especially appealing to younger children, and
thus was a good choice for this corner near Fredericksen Elementary.
Box D - Southbound Village Parkway at Amador Valley Blvd. (in front of Oil Changer)
The Commission recommended an abstract design by Kalani Ware of Fairfield who
uses color and texture to portray “connection, diversity and social interaction.” The
colors - green, orange, white and black -- represent the Irish community. The
Commission felt the unconventional choice of a black shamrock was well-suited to an
auto service facility.
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Box E - Northbound Village Parkway at Lewis Avenue (in front of retail complex)
The Commission recommended a design by John Osgood of Danville, which depicts
an abstract shamrock on the Village Parkway side of the box and a blue bird
“representing nature found right here on your own backyard” on the Lewis side of the
box. The artist uses layers of color to add texture and dimens ionality. The artist had
applied for this location, and Commission agreed it was the best location for a box
meant to be viewed from either side.
Box F - Northbound Village Parkway at Dublin Boulevard (in front of Wendy's)
Commission recommended one of three designs submitted by Lisa Long of Dublin.
The bold, graphic design in blue, green and black, depicts shamrock -covered hills with
silhouettes from Dublin history including a rancher leading a horse, a barn, Old St.
Raymond church and the Kolb House. The Commission felt placing the reference to
Dublin’s history in a prominent location was important. The box is near to the
Crossroads mural, and Dublin Boulevard leads to Heritage Park and Museums. The box
can be viewed from both directions, so patrons at t he Wendy’s drive-through will be
exposed to this image Dublin’s past. The design does feature some larger, solid colored
areas, but on this busy corner, they felt the tagging risk was minimal.
The artists’ resumes, designs, and statements are attached.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy notice of this item was sent to businesses and residents within 300 feet of
the proposed boxes and to administrators and teachers at Dublin High School.
ATTACHMENTS:
1. Kimberly Overton
2. Suzanne Gayle
3. Kalani Ware
4. John Osgood
5. Lisa Long
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of Calendar for Development of Fiscal Year 2017 -18 Budget
Update
Prepared by: Lisa Hisatomi, Ass't Admin Services Director/Budget
EXECUTIVE SUMMARY:
The City Council will consider approval of a calendar of key dates to guide the
development of the City’s Fiscal Year 2017-18 Budget Update.
STAFF RECOMMENDATION:
Approve the budget calendar to guide the development of the City’s FY 2017-18 Budget
Update.
FINANCIAL IMPACT:
Approval of the budget calendar does not result in any direct fiscal impact.
DESCRIPTION:
The City Council is required to adopt an annual budget and accompanying doc uments
before the July 1 start of the new fiscal year. As Fiscal Year 2017-18 is the second year
of a two-year budget cycle, the budget document will supplement the original Fiscal
Year 2016-17 and Fiscal Year 2017-18 Budget, which was adopted by the City Council
on June 7, 2016.
There are several key dates leading to the budget adoption that require input from the
City Council. With that in mind, Staff proposes the following schedule:
Budget Study Session - April 4, 2017
Staff will provide the City Council with an overview of, and seek the City Council’s
direction in preparing the preliminary Fiscal Year 2017-18 Budget Update and an
update of the City’s 10-Year General Fund forecast.
Budget Adoption - May 16, 2017
4.6
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Page 2 of 2
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
4.6
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1763
None.
Page 1
4.6.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of City Debt Management Policy
Prepared by: Jay Baksa, Financial Analyst
EXECUTIVE SUMMARY:
The City Council will consider approval of a Debt Management Policy, in compliance
with SB 1029, which requires state and local agencies to adopt comprehensive debt
management policies before any new debt can be issued, starting in January 2017.
While the City currently does not anticipate going to the debt markets in the foreseeable
future, it does anticipate issuing debt on behalf of the City of Dublin Community
Facilities District No. 2015-1 (Dublin Crossing), and is therefore required to comply with
the mandate of SB 1029.
STAFF RECOMMENDATION:
Adopt the Resolution Establishing the City of Dublin Debt Management Policy.
FINANCIAL IMPACT:
There is no fiscal impact associated with the adoption of the Debt Management Policy.
DESCRIPTION:
In September 2016, the Governor signed SB 1029 (California Debt and Investment
Advisory Commission: Accountability Reports) into law. The intent of this bill was to
facilitate improved financial transparency and accessibility to information about public
debt.
SB 1029 requires state and local agencies to adopt comprehensive debt management
policies, reflecting local, state and federal laws and regulations, before any new debt
can be issued starting in January 2017. Historically, the City has primarily utilized a pay-
as-you-go approach to funding capital projects, in which currently available funding
sources are used for projects. As such the City currently does not have any direct debt
and does not anticipate going to the debt markets in the foreseeable future.
4.7
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Page 2 of 2
SB 1029 also applies to issuing debt on behalf of a Community Facilities District (CFD).
On June 2, 2015, Council approved the formation of the City of Dublin Community
Facilities District No. 2015-1 (Dublin Crossing) and adopted a Resolution Deeming it
Necessary to Incur Indebtedness. The issuance of debt on behalf of Dublin Crossing will
occur after January 2017, requiring the City to adopt a Debt Issuance Policy to comply
with the mandate of SB 1029.
The proposed Debt Management Policy (Attachment 1) is consistent with the
requirements of SB 1029 and reflects the following objectives for the issuance and
administration of City debt:
· Minimize debt service and issuance costs
· Maintain access to cost-effective borrowing
· Achieve and maintain highest credit rating
· Full and timely repayment of debt
· Maintain full and complete financial disclosure and reporting
· Ensure compliance with state and federal laws and regulations
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Establishing the City of Dublin Debt Management Policy
2. Exhibit A to the Resolution: City of Dublin Debt Management Policy
4.7
Packet Pg. 116
Attachment 1
RESOLUTION NO. xx - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
ESTABLISHING THE CITY OF DUBLIN DEBT MANAGEMENT POLICY
WHEREAS, State Senate Bill (SB) 1029 was signed into law in September of 2016 ; and
WHEREAS, SB 1029 requires state and local agencies to adopt comprehensive debt
management policies before any new debt can be issued starting in January 2017 ; and
WHEREAS, the proposed City of Dublin Debt Management Policy (attached hereto as
Exhibit A) was reviewed by the City Council at its meeting of January 10, 2017.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby establish the City of Dublin Debt Management Policy, as attached hereto as Exhibit
A.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
4.7.a
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City of Dublin Debt Management Policy
INTRODUCTION
The City of Dublin (City) establishes this Debt Management Policy (Policy) to provide clear and
comprehensive guidelines for the issuance and financial management of the City’s debt portfolio, which
includes debt issued on behalf of financing districts established by the City. This policy supports the
City’s conservative financial policies to assure strong financial health in the short and long term.
SCOPE OF POLICY
This Policy sets forth the criteria for the City’s issuance, repayment, and management of debt. The
primary objective of the Policy is to establish criteria that will protect the City’s financial integrity while
providing a funding mechanism to meet the City’s (or financing district’s) capital needs. The City will not
rely on any form of debt to finance current operations unless there is a cash flow shortage requiring
short-term debt instruments. All debt issued will be in compliance with the Policy along with all other
applicable City, State, and Federal laws, rules and regulations.
OBJECTIVES
The purpose of the Policy is to assist the City in the pursuit of the following objectives, while providing
full and complete disclosure and ensuring compliance with applicable state and federal laws
Minimize debt services and issuance costs;
Maintain access to cost-effective borrowing;
Achieve the highest possible credit rating;
Achieve full and timely repayment of debt.
FINANCING PRIORITIES
The Administrative Services Director shall be responsible for analyzing a financing proposal to determine
if it is beneficial to the City and conforms to the City’s long-term financial planning objectives. The
Administrative Services Director may recommend the use of third party consultants to help in the
analysis.
An analysis of proposed debt may include:
Confirmation that the capital project is eligible for bond financing;
Review of all available financing instruments for the project and determination of the most cost
effective option;
Total cost of the capital project including its design, construction cost, cost of furnishings,
fixtures and equipment:
Source of revenue to fund the annual debt service;
4.7.b
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Analysis of the municipal bond market, including economic and interest rate trends;
Alternative bond structures;
Cost analysis on bond insurance;
Timing of when the City should enter the bond market.
TYPES AND PURPOSES OF DEBT
As outlined by the California Debt and Investment Advisory Commission (CDIAC), there are numerous
debt instruments to fund projects. The list below represents the most typically-used debt vehicles.
Assessment Bonds - Proceeds from Assessment Bonds may be used to finance local public
improvements, provided that said improvements benefit the parcels of land to be assessed.
Local streets, street lights, landscaping, sidewalks and sanitary sewers are some examples of
local improvements commonly financed by assessment bonds.
General Obligation Bonds - General Obligation (GO) Bonds may only be issued with two-thirds
approval of a popular vote. The California State Constitution (Article XVI, Section 18) limits the
use of the proceeds from GO Bonds to “the acquisition or improvement of real property”.
Libraries, parks and public safety facilities are all types of facilities that could be financed with
GO Bonds. The sum of all GO Bond debt outstanding is governed by a statutory legal debt limit
that is disclosed in the City’s annual Comprehensive Annual Financial Report.
Certificates of Participation - Certificates of Participation (COPs) are a form of lease obligation in
which the City enters into an agreement to pay a fixed amount annually to a third party, usually
a private leasing company or trust structure. These leases are issued for land acquisition and
capital improvements. In addition, the purchase of moveable equipment is permitted. It is
typical for the asset being acquired or improved to act as the credit for the financing, but the
City’s General Fund is ultimately liable for all annual debt service limits.
Financing Leases - The City may finance a capital asset by leasing it directly from the vendor or
leasing company, with the lessor receiving a portion of each rental payment as tax-exempt
interest.
Mello-Roos Bonds - The City may issue bonds through a Community Facilities District (CFD).
These bonds must be approved by a two-third vote of the registered voters with the district
(unless there are fewer than 12 registered voters, in which case the vote is by the landowners),
and are secured by a special tax on the real property within the district. The bonds may be
issued to finance facilities or provide services, although the facilities do not need to be physically
located within the district.
Tax and Revenue Participation Notes - Tax and Revenue Participation Notes (TRANs) are
routinely issued by government agencies to fund cash flow deficits in a fiscal year. TRAN
proceeds may be used and expended for any purpose, including operating expenses, capital
expenditures, repayment of indebtedness and investment and reinvestment.
FINANCING TEAM DEFINITIONS AND ROLES
4.7.b
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The Financing Team is the working group of City Staff and outside consultants necessary to complete a
debt issuance including but not limited to bond counsel, disclosure counsel, underwriter, financial
advisor, trustee, pricing consultant and/or arbitrage analyst.
The City will consider the professional qualifications and experiences of consultants as it relates to the
particular bond issue or other financing mechanism under consideration. In certain instances, the City
will conduct a request for proposal/qualification process to select such consultants. Professional service
consultants will be selected by the Administrative Services Director on an as-needed basis, in
conformance with the City’s Municipal Code provisions.
STRUCTURE AND TERM
Debt Limit
California Government Code, Section 43605 sets the debt limit at 15% of the assessed value of all real
and personal property of the City. Due to this Code section being enacted when assessed value was 25%
of market value, the limit is calculated at one-fourth of that amount or 3.75% of assessed value. Current
General Fund debt service levels as percent of budget can be found in the City’s Comprehensive Annual
Financial Reports (CAFR).
Term of Debt
Debt will be structured for the shortest period possible, consistent with a fair allocation of costs to
current and future users. The standard term of long-term debt borrowing is typically 15-30 years.
Generally, no debt will be issued for periods exceeding the useful life or average useful lives of projects
to be financed.
Debt Repayment
In structuring a bond issue, the City will manage the amortization of the debt and, to the extent
possible, match its cash flow to the anticipated debt service payments. In addition, the City will seek to
structure debt with aggregate level debt service payments over the life of the debt. Structures with
unlevel debt service will be considered when one or more of the following exist:
Natural disasters or extraordinary unanticipated external factors make payments on debt in the
early years prohibitive;
Such structuring is beneficial to the City’s aggregate overall debt payment schedule;
Such structuring will allow debt service to more closely match project revenues during the early
years of the project’s operation.
Bond Maturity Options
For each issuance, the City will select serial bonds or term bonds or both. On the occasions where
circumstances warrant, capital appreciation bonds (“CABs”) may be used. The decision to use, term,
serial or CABs is typically driven by market conditions.
4.7.b
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Interest Rate Structure
Conservative practice is to issue fixed rate debt. Such debt provides absolute certainty, at the time of a
bond sale, as to the level of principal and interest owed annually. Variable interest rate debt is debt that
resets on a periodic basis (e.g. daily, weekly, monthly). Variable debt should only be used when it best
supports the City’s long-term financial condition and such debt should be capped at a level not
exceeding 20-25% of debt outstanding and must be carefully analyzed and monitored.
Credit Enhancement
Credit enhancement may be used to improve or establish a credit rating on a City debt obligation. Types
of credit enhancement include letters of credit, bond insurance and surety policies. The Administrative
Services Director will recommend the use of a credit enhancement if it reduces the overall cost of the
proposed financing or if the use of such credit enhancement furthers the City’s overall financial
objectives.
Debt Service Reserve Fund
Debt service reserve funds are held by the Trustee to make principal and interest payments to
bondholders in the event that pledged revenues are insufficient to do so. The City will fund debt service
reserve funds when it is in the City’s overall best financial interest.
The size of the reserve fund is general the lessor of:
1. 10% of par;
2. 125% of average annual debt service;
3. 100% of maximum annual debt service.
In lieu of holding a cash funded reserve, the City may substitute a surety bond or other credit instrument
in its place. The decision to cash fund a reserve fund rather than to use a credit facility is dependent
upon the cost of the credit instrument and the investment opportunities. Additionally, the City may
decide not to utilize a reserve fund if the Administrative Services Director in consultation with the
underwriter and financial advisor, determines there would be no adverse impact to the City’s credit
rating or interest rates.
Call Options/Redemption Provisions
A call option or optional redemption provision gives the City the right to prepay or retire debt prior to its
stated maturity date. This option may permit the City to achieve interest savings in the future through
the refunding of the bonds. Often the City will pay a higher interest rate as compensation to the buyer
for the risk of having the bind called in the future. In addition, if a bond is called, the holder may be
entitled to a premium payment (“call premium”). Because the cost of call options can vary depending on
market conditions, an evaluation of factors will be conducted in connection with ach issuance. The
Administrative Services Director shall evaluate and recommend the use of a call option on a case by case
basis.
4.7.b
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Derivatives
Derivative products may have application to certain City borrowing programs. In certain circumstances
these products can reduce borrowing costs and assist in managing interest rate risk. However, these
products carry with them certain risks not faced in standard debt instruments. The Administrative
Services Director shall evaluate the use of derivative products on a case-by-case basis to determine
whether the potential benefits are sufficient to offset any potential costs.
Refundings
The City shall refinance debt to achieve savings as market opportunities arise. The Administrative
Services Director shall remain cognizant of fluctuations in interest rates for the purpose of identifying
refunding opportunities and prepare a present value analysis identifying the economic effects of a
refunding to determine the value of refunding.
Refunding may be undertaken in order to:
Take advantage of lower interest rates and achieve debt service costs savings;
Eliminate restrictive or burdensome bond covenants;
Restructure debt to either lengthen the duration of debt or free up reserve funds.
METHOD OF ISSUANCE AND SALE
Method of Sale
Debt issues are sold to a single underwriter or to an underwriting syndicate, either through a
competitive sale or a negotiated sale. A negotiated sale may involve the sale of securities to investors
through an underwriter or the private placement of the securities with a financial institution or other
investor. The selected method of sale will be that which is most beneficial to the City in terms or lowest
net interest rate, most favorable terms in financial structure, and market conditions.
The City will use competitive sales as the primary means of selling bonds. The City, however, reserves
the option of pursuing a negotiated sale if there is evidence of volatile market conditions, complex
security features, or other overriding factors. If the negotiated sale option is utilized, the Administrative
Services Director, with the approval of City Council, will negotiate the best possible interest rates for the
City. The overall objective is to obtain the lowest possible interest cost and provide pricing transparency.
Initial Disclosure Requirements
The City acknowledges its disclosure responsibilities. Under the guidance of Disclosure Counsel, the City
will distribute or cause an underwriter to distribute its Preliminary Official Statement and final Official
Statement (neither is typically required in a private placement, although in some cases a “private
placement memorandum” may be required by the investor).
The Financing Team shall be responsible for soliciting “material information” (as defined in Securities
and Exchange Commission Rule 10b-5) from City departments and identifying contributor who may have
4.7.b
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information necessary to prepare portions of the Official Statement or who should review portions of
the Official Statement. In doing so, the Financing Team shall confirm that the Official Statement
accurately states all “material” information relating to the decision to buy or sell the subject bonds and
that all information in the Official Statement has been critically reviewed by an appropriate person.
In connection with an initial offering of securities, the City and other members of the Financing Team
will:
Identify material information that should be disclosed in the Official Statement;
Identify other persons that may have material information (contributors);
Review and approve the Official Statement;
Ensure the City’s compliance, and that of its related entities, with federal and state securities
laws.
Contributors shall assist in reviewing and preparing the Official Statement using his or her knowledge of
the City and if appropriate, by discussing the Official Statement with other members of the contributor’s
department to ensure accuracy.
The Administrative Services Director shall review the Official Statement, identify any material
differences in the presentation of financial information from the financial statements and ensure there
are no misstatements or omissions of material information in any sections that contain information
prepared by the Finance Department or of relevance to the finances of the City.
The City Attorney (or designee) shall review the official Statement descriptions of (i) any material
current, pending or threatened litigation, (ii) any material settlements or court orders and (iii) any other
legal issues that are material information for purposes of the Official Statement.
The approval of an Official Statement shall be placed on the Written Communication portion of the City
Council agenda and shall not be considered as a Consent Calendar Item. The staff report will summarize
the City Council’s responsibilities with respect to the Official Statement and provide the City Council the
opportunity to review the Official Statement.
CREDITWORTHINESS OBJECTIVES
Ratings are a reflection of the general fiscal soundness of the City and the capabilities of its
management. Typically, the higher the credit ratings are, the lower the interest cost is on the City’s debt
issues. To enhance creditworthiness, the City is committed to prudent financial management, systematic
capital planning, and long-term financial planning.
Bond Ratings
The Financing Team will assess whether a credit rating should be obtained for an issuance. The City will
seek a rating from at least one nationally recognized rating agency on new and refunded issues being
sold in the public market.
4.7.b
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Rating Agency Communications
The Administrative Services Director is responsible for maintaining relationships with the rating agencies
that assign ratings to the City’s debt obligations. This effort shall include providing the rating agencies
with the City’s financial statements, if applicable, as well as any additional information requested.
POST ISSUANCE ADMINISTRATION
Investment of Proceeds
The Administrative Services Director shall invest bond proceeds and reserve funds in accordance with
each issue’s indenture or trust agreement, utilizing competitive bidding when possible. All investments
will be made in compliance with the City’s Investment Policy objectives of safety, liquidity and then
yield.
Unexpended bond proceeds shall be held by the bank trustee. The trustee will be responsible for
recording all investments and transactions relating to the proceeds and providing monthly statements
regarding the investments and transactions.
Use of Bond Proceeds
The Administrative Services Director is responsible for ensuring bond proceeds are spent for the
intended purposed identified in the bond documents and that the proceeds are spent in the time
frames identified in the tax certificate prepared by the City’s bond counsel.
Arbitrage Compliance
The City shall follow a policy of full compliance with all the arbitrage and rebate requirements of the
federal tax code and Internal Revenue Service regulations. The City shall engage qualified third parties
for the preparation of arbitrage and rebate calculations. All necessary rebates will be filed and paid
when due.
Ongoing Disclosure
The City shall comply with the requirements of the Continuing Disclosure Certificate (s) entered into at
the time of each bond issue. The Administrative Services Director shall be responsible for providing
ingoing disclosure information to the Municipal Securities Rulemaking Board’s (MSRB’s) Electronic
Municipal Market Access (EMMA) system, the central depository designated by the Securities and
Exchange Commission for ongoing disclosure by municipal issuers.
Compliance with Other Bond Covenants
The City shall comply with all covenants and conditions contained in governing law and any legal
documents entered into at the time of the bond offering.
Retention
4.7.b
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A copy of all relevant documents and records will be maintained by the Administrative Services
Department for the term of the bonds (including refunding bonds, if any) plus ten years. Relevant
documents and records will include sufficient documentation to support the requirements relating to
the tax-exempt status.
Investor Relations
While the City shall post its annual financial report as well as other financial reports on the City’s
website, this information is intended for the citizens of Dublin. Information with the intention of
reaching the investing public, including bondholders, rating analysts, investment advisors, or any other
members of the investment community shall be filled on the EMMA system.
4.7.b
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APPENDIX A – GLOSSARY AND MUNICIPAL SECURITIES TERMINOLGY
Ad Valorem Tax: A tax calculated “according to the value” of property. Such a tax is based on the
assessed valuation of real property and a valuation of tangible personal property.
Advance Refunding: Refunding bonds that are issued more than 90 days prior to the date upon which
the refunded bonds will be redeemed. Proceeds of the advance refunding bonds are placed into an
escrow account with a fiduciary and used to pay interest and principal on the refunded bonds and then
used to redeem the refunded bonds at their maturity or call date.
Arbitrage: The gain that may be obtained by borrowing funds at a lower (often tax-exempt) rate and
investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax exempt
securities has been severely curtailed by the Tax Reform Act of 1986, as amended.
Assessed Valuation: The appraised worth of property as set by a taxing authority through assessments
for purposes of ad valorem taxation.
Assessment District Bonds: Bonds issued for public improvements benefiting property within
assessment districts created pursuant to the Improvement Act of 1911 and the Municipal Improvement
Act of 1913.
Bond: A security that represents an obligation to pay a specified amount of money on a specific date in
the future, typically with periodic interest payments.
Bond Anticipation Notes (BANS): Short-term notes issued usually for capital projects and paid from
proceeds of the issuance of long-term bonds. Provide interim financing in anticipation of bond issuance.
Bond Counsel: An attorney retained by the issuer to give a legal opinion concerning the validity of
securities. The bond counsel’s opinion usually addresses the subject of tax exemption. Bond counsel
may prepare or review and advise the issuer regarding authorizing resolutions, trust indentures and
litigation.
Bond Insurance: A type of credit enhancement whereby an insurance company indemnifies an investor
against default by the issuer. In the event of failure by the issuer to pay principal and interest in full and
on time, investors may call upon the insurance company to do so. Once issued, the municipal bond
insurance policy is generally irrevocable. The insurance company receives its premium when the policy is
issued.
Bond Resolution: Resolution adopted by the City Council authorizing the issuance of bonds, approving
the Notice of Sale and the Official Statement.
Book-Entry: Bonds that are issued in fully registered form but without certificates of ownership.
Call Option: The right to redeem a bond prior to its stated maturity, either on a given date or
continuously. The call option is also referred to as the optional redemption provision. Often a “call
premium” is added to the call option as compensation to the holders or the earliest bonds called.
4.7.b
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Capital Appreciation Bond: A municipal security on which the investment return on an initial principal
amount is reinvested at a stated compounded rate until maturity, at which time the investor receives a
single payment representing both the initial principal amount and the total investment return.
CAFR: The City’s Comprehensive Annual Financial Report.
Certificates of Participation: A financial instrument representing a proportionate interest in payments
such as lease payments by one party (Such as a city acting as a lessee) to another party (often a trustee).
Commercial Paper: Short-term debt instrument. The debt is usually issued at a discount, reflecting
prevailing market interest rates.
Competitive Sale: A sale of bonds in which an underwriter or syndicate of underwriters submit sealed
bids to purchase the bonds. Bids are awarded on a true interest cost basis (‘TIC”), providing that other
bidding requirements are satisfied. Competitive sales are recommended for simple financings with a
strong underlying credit rating. This type of sale is in contrast to a Negotiated Sale.
Conduit Financing: The issuance of securities by a governmental entity to finance a project that will
primarily benefit a third party. The security for this type of financing is the credit of the third party.
Usually such securities do not constitute general obligations of the issuer since the private entity is liable
for generating the pledged revenues for repayment. Industrial development bonds are a common type
of conduit refinancing.
Continuing Disclosure: The requirement by the Securities and Exchange Commission for most issuers of
municipal debt to provide current financial information to the Municipal Securities Rulemaking Board
for access by the general marketplace.
Coupon Rate: The interest rate on specific maturities of a bond issue. While the term “coupon” is
derived from the days when virtually all municipal bonds were in bearer form with coupons attached,
the term is still frequently used to refer to the interest rate on different maturities of bonds in registered
form.
Credit Rating Agency: A company that rates the relative credit quality of a bond issue and assigns a
letter rating, These rating agencies include Moody’s Investor Services, Standard & Poor’s, and Fitch
Ratings.
Current Refunding: Refunding bonds are issued 90 days or less before the date upon which the
refunded bonds will be redeemed.
CUSIP Number: The Term CUSIP is an acronym for the Committee on Uniform Securities Identification
Procedures. An identification number is assigned to each maturity of an issue. The CUSIP numbers are
intended to help facilitate the identification and clearance of municipal securities.
Debt Limit: The maximum amount of debt that is legally permitted by a jurisdiction’s charter,
constitution, or statutes.
4.7.b
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Debt Service: The amount necessary to pay principal and interest requirements on outstanding bonds
for a given year or series of years.
Default: The failure to pay principal or interest in full or on time and, in some cases, the failure to
comply with non-payment obligations after notice and opportunity to cure.
Defeasance: Providing for the payment of principal, premium (if any) and interest on debt through the
call date or scheduled principal maturity in accordance with the terms of the debt. A legal defeasance
usually involves establishing an irrevocable escrow funded with only cash and U.S. Government
obligations.
Depository Trust Company (DTC): A limited purpose trust company organized under the New York
Banking Law. The DTC facilitates the settlement of transactions in municipal securities.
Derivative: A financial instrument which derives its own value from the value of another instrument,
usually an underlying asset such as a stock, bond, or an underlying reference such as an interest rate
index.
Disclosure Counsel: An attorney retained to provide advice on issuer disclosure obligations, to prepare
the official statement and to prepare the continuing disclosure undertaking.
Discount: The difference between a bond’s par value and the price for which it is sold when the latter is
less than par.
Enterprise Activity: A revenue generating project or business. The project often provides funds
necessary to pay debt service on securities issued to finance the facility. Common examples include
water and sewer treatment facilities and utility facilities.
Financial Advisor: A consultant who provides the issuer with advice on the structure of the bond issue,
timing, terms and related matters for a new bond issue.
Financing Team: The working group of City staff and outside consultants necessary to complete a debt
issuance.
General Obligation Bond: A bond secured by an unlimited property tax pledge. Requires a two-thirds
vote by the Electorate. GO bonds usually achieve lower rates of interest than other financing
instruments since they are considered to be a lower risk.
Indenture: A contract between the issuer and the trustee stipulating the characteristics of the financial
instrument, the issuer’s obligation to pay debt service, and the remedies available to the trustee in the
event of a default.
Industrial Development Bonds: Securities issued to finance the construction or purchase of industrial,
commercial or manufacturing facilities to be purchased by or leased to a private user. These securities
are backed by the credit of the private user and generally are not considered liabilities of the
governmental issuer.
4.7.b
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Issuance Costs: The costs incurred by the bond issuer during the planning and sale of securities. These
costs include but are not limited to financial advisory, bond counsel, disclosure counsel, printing,
advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue
Lease: An obligation wherein a lessee agrees to make payments to a lesser in exchange for the use of
certain property. The term may refer to a capital lease or to an operating lease.
Lease Revenue Bonds: Bonds that are secured by an obligation of one party to make annual lease
payments to another
Letter of Credit: An unconditional pledge of the bank’s credit which is used to guarantee payment of
principal and interest on debt in the event insufficient funds are available to meet a debt service
obligation. Letters of credit are most often employed when the stated interest on the City’s securities is
variable.
Line of Credit: A contract with a financial institution, usually a bank, that establishes a maximum loan
balance that the bank will permit the borrower to maintain. The borrower can draw down on the line at
any time, as long as the maximum set in the agreement is not exceeded.
Mortgage Revenue Bonds: Bonds issued for the purpose of proving single-family mortgage financing or
acquisition and construction funds for multi-family housing projects. The bonds are secured by the
mortgage repayments and project revenue.
Municipal Securities Rulemaking Board (MSRB): A self-regulating organization established on
September 5, 1975 upon the appointment of a 15-member board by the Securities and Exchange
Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank
representatives and public representatives, is entrusted with the responsibility of writing rules of
conduct for the municipal securities market.
Negotiated Sale: A sale of securities in which the terms of the sale are determined through negotiation
between the issuer and the purchaser, typically an underwriter, without competitive bidding. The
negotiated sales process provides control over the financing structure and issuance timing. Negotiated
sales are recommended for unusual financing terms, periods of market volatility and weaker credit
quality. A thorough evaluation of market conditions will be performed to ensure reasonable final pricing
and underwriting spread.
Net Interest Cost (NIC): A method of computing the interest expenses to the issuer of bonds, which may
serve as the basis of award in a competitive sale of a new issue of municipal securities. NIC takes into
account any premium or discount applicable to the issue, as well as the dollar amount of coupon
interest payable over the life of the issue. NIC does not take into account the time value of money (as
would be done in other calculation methods, such as the “true interest cost” (TIC) method). The term
“net interest cost” refers to the overall rate of interest to be paid by the issuer over the life of the
bonds.
4.7.b
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Official Statement (Prospectus): A document published by the issuer in connection with a primary
offering of securities that discloses material information on a new security issue including the purposes
of the issue, how the securities will be repaid, and the financial, economic and social characteristics of
the security for the bonds. Investors may use this information to evaluate.
Original Issue Discount Bonds: Bonds sold at a substantial discount from their par value at the time of
the original sale.
Par Value: The face value or principal amount of a security.
Pension Obligation Bonds (POBs): Financing instruments used to pay some or all of the unfunded
pension liability of a pension plan. POBs are issued as taxable instruments over a 30-40 year term or by
matching the term with the amortization period of the outstanding unfunded actuarial accrued liability.
Preliminary Official Statement: A version of the Official Statement prepared by or for an issuer of
municipal securities for potential customers prior to the availability of the final Official Statement. Under
SEC Rule 15c2-12, the difference between a Preliminary Official Statement and a final Official Statement
is that the final Official Statement includes “pricing information,” i.e., offering price(s), interest rate(s),
selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, any
other terms or provisions required by an issuer of such securities to be specified in a competitive bid,
ratings, other terms of the securities depending on such matters, and the identity of the underwriter(s).
Premium: The excess of the price at which a bond is sold over its face value.
Present Value: The value of a future amount or stream of revenues or expenditures.
Pricing Consultant: The Pricing Consultant provides a fairness letter to the City or its agent regarding
the pricing of a new issue of municipal securities.
Private Activity Bonds: A bond where bond proceeds are used for private purposes. If deemed a private
activity bond, the interest is not tax exempt unless the use of the proceeds meets certain requirements
of the Internal Revenue Code.
Private Placement: A bond issue that is structured specifically for one purchaser. Private placements
are typically carried out when extraneous circumstances preclude public offerings. A private placement
is considered to be a negotiated sale.
Refunding: A procedure whereby an issuer refinances an outstanding debt issue by issuing a new debt
issue.
Related Entities: Those independent agencies, joint power authorities, special districts, component
units, or other entities created by the City Council or by State law for which the City Council serves as
the governing or legislative body in his or her official capacity, or for which the City has agreed to
provide initial or continuing disclosure in connections with the issuance of securities.
4.7.b
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Rule 10b5: Rule adopted by the Securities and Exchange Commission that requires the disclosure of all
material facts and prohibits the omission of facts necessary to make statements not misleading.
Rule 15c2-12: Rule adopted by the Securities and Exchange Commission setting forth certain obligations
if (i) underwriters to receive, review and disseminate official statements prepared by issuers of most
primary offerings of municipal securities, (ii) underwriters to obtain continuing disclosure agreements
from issuers and other obligated persons to provide ongoing annual financial information on a
continuing basis, and (iii) broker-dealers to have access to such continuing disclosure in order to make
recommendations of municipal securities in the secondary market.
Reserve Fund: A fund established by the indenture of a bond issue into which money is deposited for
payment debt service in case of a shortfall in current revenues.
Revenue Bond: A bond which is payable from a specific source of revenue and to which the full faith and
credit of an issuer is not pledged. Revenue bonds are payable from identified sources or revenue and do
not permit the bondholders to compel a jurisdiction to pay debt services from any other source. Pledged
revenues often are derived from the operation of an enterprise.
Secondary Market: The market in which bonds are sold after their initial sale in the new issue market.
Serial Bonds: Bonds of an issue that mature in consecutive years or other intervals and are not subject
to mandatory sinking funds provisions.
Special Tax Bonds: Bonds issued to fund eligible public improvements and paid with special taxes levied
in a community facilities district formed under the Mello-Roos Community Facilities Act of 1982, as
amended.
State Revolving Funds: The State Revolving Fund (“SRF”) loan is a low interest loan program for the
construction of water and wastewater infrastructure projects.
Tax Allocation Bonds (TABs): Bonds issued to fund eligible capital facilities located within a
Redevelopment Project Area. Bonds are secured by a portion of the property taxes collected within the
project area.
Tax and Revenue Anticipation Notes (TRANs): Short-term notes issued in anticipation of receiving tax
receipts and revenues at a future date. Proceeds allow the municipality to manage the periods of cash
shortfalls resulting from a mismatch between timing of revenues and timing of expenditures.
Term Bonds: Bonds that come due in a single maturity whereby the issuer may agree to make periodic
payments into a sinking fund for mandatory redemption of term bonds before maturity or for payment
at maturity.
True Interest Cost (TIC): Under this method of computing the interest expense to the issuer of bonds,
true interest cost is defined as the rate necessary to discount the amounts payable on the respective
principal and interest payment dates to the purchase price received for the new issue of bonds. Interest
4.7.b
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is assumed to be compounded semi-annually. TIC computations produce a figure slightly different from
the “net interest cost” (NIC) method because TIC considers the time value of money while NIC does not.
Trustee: A bank retained by the issuer as custodian of bond proceeds and official representative of
bondholders. The trustee ensures compliance with the indenture. In many cases, the trustee also acts as
paying agent and is responsible for transmitting payments of interest and principal to the bondholders.
Underwriter: A broker-dealer that purchases a new issue of municipal securities from the issuer for
resale in a primary offering. The bonds may be purchased either through a negotiated sale with the
issuer or through a competitive sale.
4.7.b
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Dublin Library Tenant Improvements and Related Actions
Prepared by: Rosemary Alex, Parks & Facilities Development Coordinator
EXECUTIVE SUMMARY:
On June 7, 2016 the City Council awarded a construction contract for the Dublin Library
Tenant Improvements (CIP Project No. PK0315). The work is now complete and ready
for City Council acceptance. Staff is also seeking City Council approval of a contract
amendment for architectural services, a change order for construction costs, and a
budget change to cover the increased costs to close out the project.
STAFF RECOMMENDATION:
Adopt the Resolution Accepting the Dublin Library Tenant Improvements (CIP No.
PK0315); adopt the Resolution Approving Amendment #2 to the Consulting Services
Agreement between the City of Dublin and Bull Stockwell Allen Architects; authorize the
City Manager to execute Contract Change Order #4 with A & E Emaar Company; and
approve the budget change.
FINANCIAL IMPACT:
A Budget Change is necessary to cover additional design fees related to mechanical
and electrical upgrades during construction and a final construct ion change order which
exceeds the 10% construction contingency.
Existing Project Budget: $267,456.00
Budget Change (Needs Approval): $9,502.00
Total Project Budget: $276,958.00
Bull Stockwell Allen Architects
Original Contract Amount: $25,900.00
Amendment #1: $16,900.00
Amendment #2 (Needs Approval): $6,800.00
Total BSA Contract: $49,600.00
Construction Contract
Original Contract Amount: $176,200.00
4.8
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Page 2 of 3
Changes Orders #1, 2 & 3 $17,620.00
Change Order #4 (needs approval): $2,612.25
Total Construction Contract: $196,432.25
Total Other Project Soft Costs: $30,925.75
DESCRIPTION:
On June 7, 2016, the City Council approved a construction contract with A&E Emaar for
the Dublin Library Tenant Improvement project , CIP No. PK0315. The scope of work
included installation of new storefront doors, HVAC and fire sprinkler modifications
along with lighting and electrical work to improve 1,400 square feet of Library expansion
area for the Center for the 21st Century Skills. Occupancy was granted by the City’s
Building Department on December 27th, 2016 and the Library intends to program the
space as soon as feasible. With the work complete, Staff is seeking formal City
Council acceptance of the project.
During construction there were additional modifications necessary to properly execute
the project including modifications to the HVAC system, additional electrical
requirements for A/V equipment to be provided by the Library, and the installation of
new door hardware. Amendment #2 to the Agreement between the City of Dublin and
Bull Stockwell Allen Architects is for the additional architectural, mechanical and
electrical design fees to make the necessary modifications during construction.
Additionally, those design changes resulted in change orders to the construction
contract with A&E Emaar. Changes Orders 1, 2 and 3 were within the 10% contingency
authorized to be approved by the City Manager, but Change Order 4, for additional door
modifications and hardware and installation of a code compliant exit sign, exceeded the
available construction budget and City Manager approval authority. A Budget Change
in the amount of $9,500.00 is required to cover both the additional design fees and
construction change orders.
The City presently holds a performance bond in the amount of $176,200 to provide the
necessary security for the performance of the work involved. Since the work is now
complete and ready for acceptance, the performance security requirement can be
reduced in accordance with authority contained in Section 66499.7 of the Government
Code, to an amount necessary to guarantee warranty of the work for a one -year period
following acceptance of the work. The Contractor will provide a new maintenance bond
in the amount of $19,638, which is 10% of the final contract amount, and is sufficient to
cover the one-year guarantee period.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Notice of Completion will be filed with Alameda County upon City Council action.
A copy of the Staff Report was sent to Bull Stockwell Allen Architects, A&E Emaar and
the Alameda County Library.
ATTACHMENTS:
1. Resolution Accepting the Dublin Library Tenant Improvements (CIP No. PK0315)
4.8
Packet Pg. 134
Page 3 of 3
2. Resolution Amending Agreement with Bull Stockwell Allen
3. Exhibit A to Resolution - Amendment #2 to Agreement with BSA Architects
4. Contract Change Order No. 4 with A & E Emaar Company
5. Budget Change Form
4.8
Packet Pg. 135
ATTACHMENT #1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
ACCEPTING THE DUBLIN LIBRARY TENANT IMPROVEMENTS (CIP NO. PK0315)
WHEREAS, on June 7, 2016, the City of Dublin entered into a contract with A & E Emaar to
perform Contract No. PK0315, Dublin Library Tenant Improvements; and
WHEREAS, the improvements have been completed in accordance with the plans and
specifications, and any approved modifications thereof, to the satisfaction o f the City Engineer of the City
of Dublin; and
WHEREAS, as a condition of the contract, A & E Emaar is required to warranty the improvements
for a period of one year following acceptance of the work by the City of Dublin ; and
WHEREAS, the improvements are now completed, and the original performance bond security
requirement can be reduced, in accordance with the authority contained in Section 66499.7 of the
Government Code of the State of California, to an amount found necessary to guarantee maintenance of
the completed work for a one-year period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby:
Approve and accept the improvements completed for the Dublin Library and authorize Staff to
file a Notice of Completion with Alameda County, subject to the one-year warranty period; and
Release the original performance security bond in the amount of $176,200 and accept a
maintenance bond as security for the one -year maintenance period in the amount of $19,638;
and
Authorize the City Manager or his designee to release the retention, if after 35 days of filing the
Notice of Completion there are no subcontractor claims.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.8.a
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ATTACHMENT 1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN
AND BULL STOCKWELL ALLEN FOR ADDITIONAL SERVICES FOR THE LIBRARY
TENANT IMPROVEMENT PROJECT (CIP NO. PK0315)
WHEREAS, the City Manager approving an agreement with Bull Stockwell Allen on August
11, 2014 for Design Services for the Library Tenant Improvement project; and
WHEREAS, the City Council on October 6, 2015 adopted Resolution 163-15 rejecting all bids
and directed Staff to re-bid the project with modifications at a later date; and
WHEREAS, the City Manager approved Amendment #1 to the Agreement with Bull Stockwell
Allen to make the modifications; and
WHEREAS, the project was re-bid with modifications; and
WHEREAS, the City Council on June 7, 2016, approved the award of a construction contract;
and
WHEREAS, during construction additional design services were required to complete the
project; and
WHEREAS, Bull Stockwell Allen performed the additional design services;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Amendment to the Agreement with Bull Stockwell Allen, attached hereto as Exhibit A,
for the Library Tenant Improvement project (CIP No. PK0315).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
4.8.b
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ATTACHMENT 1
_________________________________
City Clerk
4.8.b
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CITY OF DUBLIN 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 (925) 833-6630 (925) 829-9248 FAX
Page 1 of 2
CONTRACT CHANGE ORDER
Date: December 21, 2016
To: A & E Emaar Company AGREEMENT DATED: June 7, 2016
918-B Ramona Avenue
Albany, CA 94706
Attn: Usama El-Saied
Project Name: Dublin Library Tenant Improvements Project No. PK0315
Contract Change Order No. 4 Council Approved: Yes
PO No. 17-00031 ASI #1 and Punchlist RFQ No. N/A
Contractor’s CP No. NA OPR/CCD No. N/A
You are hereby authorized to proceed with the following work in connection with the subject project to
furnish all labor and material to complete work described by cost items listed on this Change Order. This
change order is not effective until approved by the City.
PCO
No.
Description Amount
7
Materials only for door frame at entry, door closing hardware at entry,
locking hardware for closets, additional signage and vent panels.
Materials and labor for hardwired lighted exit sign.
$2,561.39
Total Amount of this Change Order: $2,561.39
Original Contract Amount: $176,200.00
Change by Previous Change Order(s): $ 17,620.00
Contract Price Prior to this Change Order: $193,820.00
Current Change Order Amount: $ 2,561.39
New Contract Amount including This Change Order: $196,381.39
INCREASE IN CONTRACT TIME: 0 days
4.8.d
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Budget adj Reversed.Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account AmountAccountAmount
PK0315.9100.9101 -Salaries$5,375
PK0315.9200.9202 - Contract Services$2,750
PK0315.9500.9503 - Printing$321
PK0315.9400.9401 - Improvements$1,056
3500.9501.49999 (Transfers In)$9,502
PK0315.4106 (4106.9501.89101) - Public
Facilities Fee - Library Transfers Out $9,502
1/10/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Budget adjustment for staff salaries and contract services due to the extended length of the project and mechanical changes
during construction
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNTINCREASE BUDGET AMOUNT
EXP: General Fund - Parks CIP - Library Tenant Improvement
City Council's Approval Required
4.8.e
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to Agreement with Triple HS, Inc. dba HT Harvey &
Associates for the Dougherty Road Improvements, Project No. ST0911
Prepared by: Michael Boitnott, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approval of an amendment to the agreement with Triple
HS, Inc. dba HT Harvey & Associates to provide additional wildl ife monitoring in
conformance with the various regulatory permits required for the Dougherty Road
Improvements (CIP No. ST0911).
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment No. 1 to the Agreement with Triple HS,
Inc. dba HT Harvey & Associates to Provide Consulting Services for the Dougherty
Road Improvements, Project No. ST0911.
FINANCIAL IMPACT:
The existing agreement with Triple HS, Inc. dba HT Harvey & Associates is set at a not -
to-exceed amount of $44,699. The proposed amendment would increase the agreement
by $50,000 for a total not-to-exceed amount of $94,699. Sufficient funds are available in
the budget for the Dougherty Road Improvement Project (CIP No. ST0911).
DESCRIPTION:
On August 2, 2016, the City of Dublin entered into an Agreement with Triple HS, Inc.
dba HT Harvey & Associates to perform biological resources mitigation monitoring for
the Dougherty Road Improvements (CIP No. ST0911). The project is currently under
way to widen Dougherty Road from four lanes to six lanes between Sierra Lane and the
Northern City limits. The original agreement included a scope that relied on limited
information on how the project contractor would perform work, but provided enough
hours to get monitoring and compliance reporting in line with the start of that work.
The project is located in a potential habitat area where some environmentally sensitive
or protected species might be encountered. The City obtained permits from the U.S.
4.9
Packet Pg. 168
Page 2 of 2
Fish and Wildlife Services and the California Department of Fish and Wildlife to cover
construction activities. These permits require that an approved biologist observe the
initial ground disturbing activities and provide periodic observation of the work to ensure
that the project is complying with the permit requirements.
Since that time, Staff has a better understanding of how the contractor is performing the
work which has allowed the HT Harvey & Associates to refine their monitoring and
compliance reporting hours. Based on this refined information, it is anticipated that the
Agreement will need to be amended, for a new not -to-exceed amount of $94,699. The
amendment will allow for additional contract hours for biological monitoring and for
preparing reports in compliance with the regulatory agency permits.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Copy of the Staff Report was sent to HT Harvey & Associates.
ATTACHMENTS:
1. Resolution Approving Amendment No. 1 to the Agreement with Triple HS, Inc. dba
HT Harvey & Associates
2. Exhibit A to the Resolution - Amendment No. 1 to Agreement
3. Consulting Services Agreement with Triple HS, Inc. dba HT Harvey & Associates
4.9
Packet Pg. 169
RESOLUTION NO. - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIPLE HS, INC. dba HT
HARVEY & ASSOCIATES, TO PROVIDE CONSULTING SERVICES FOR THE DOUGHERTY
ROAD IMPROVEMENTS – CIP NO. ST0911
WHEREAS, on August 2, 2016, the City of Dublin entered into an Agreement with Triple
HS, Inc. to perform wildlife monitoring and reporting for the Dougherty Road Improvement
project under CIP No. ST0911; and
WHEREAS, the City desires to amend Triple HS’ existing Agreement to complete the
above mentioned tasks;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the Amendment No.1 to the Agreement with Triple HS, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
Amendment No. 1 to the Agreement, attached hereto as Exhibit “A.”
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.9.a
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Amendment #1 To Consultant Services Agreement between
City of Dublin and Triple HS, Inc. dba HT Harvey & Associates
EXHIBIT A
AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND TRIPLE HS, INC. dba HT HARVEY & ASSOCIATES
FOR THE DOUGHERTY ROAD IMPROVEMENTS – CIP NO. ST0911
WHEREAS, on August 2, 2016, the City of Dublin (hereinafter referred to
as "CITY") and Triple HS INC. (hereinafter referred to as "CONSULTANT") entered into
a Consulting Services Agreement to perform wildlife monitoring and reporting for the
Dougherty Road Improvements project (hereinafter referred to as the “AGREEMENT”)
for a not-to-exceed amount of $44,699.00; and
WHEREAS, on January 10, 2017 the CITY and CONSULTANT now wish
to amend the Agreement to provide additional wildlife monitoring and reporting services
for the project, and the not-to-exceed contract amount is proposed to be increased by
an additional $50,000;
NOW THEREFORE, the parties hereto agree as follows:
Not-To-Exceed
The total cost for the time-and-materials work under this amendment shall not exceed
an additional $50,000.00 based on the attached cost breakdown shown on Attachment
B-1.
4.9.b
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Amendment #1 To Consultant Services Agreement between
City of Dublin and Triple HS, Inc. dba HT Harvey & Associates
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
CONSULTANT
Triple HS, Inc. dba HT Harvey & Associates
Dated: By: _____________________________
Ronald R Duke, President
4.9.b
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Amendment #1 To Consultant Services Agreement between
City of Dublin and Triple HS, Inc. dba HT Harvey & Associates
Attachment B-1
Fee for Amendment No.1 to the Agreement between City of Dublin and Triple HS
Inc. dba HT Harvey & Associates
4.9.b
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment No. 1 to Consulting Services Agreement with Contract
Sweeping Services
Prepared by: Dan Stevenson, Public Works Manager
EXECUTIVE SUMMARY:
The City Council will consider an amendment to the consulting services agreement with
Contract Sweeping Services for street sweeping services to include term expiration
clarification, a Consumer Price Index (CPI) compensation increase, and amend
invoicing terms and conflict of interest language.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment No. 1 to the Consulting Services
Agreement with Contract Sweeping Services.
FINANCIAL IMPACT:
The 3.2% CPI increase proposed in the amendment for Contract Sweeping Services will
result in a contract increase of $2,218 for the remainder of the Agreement.
DESCRIPTION:
On June 6, 2012, the City of Dublin entered into an agreement with Contract Sweeping
Services to provide street sweeping services for residential and commercial streets, as
well as parking lots at City parks and facilities. The current Agreement did not specify a
termination date for the agreement other than to indicate that the a greement
commenced on June 6, 2012, and that the duration was to be for five years. The
Amendment proposes to establish the Agreement termination date as June 30, 2017,
which would be consistent with other agreements in terms of fiscal year renewal and
current budget cycle.
Contract Sweeping Services has also requested the City consider a CPI increase as
their operating costs have escalated since the commencement of the Agreement. The
current CPI index of 3.2% appears reasonable considering loaded labor co sts, vehicle
4.10
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Page 2 of 2
acquisition and maintenance costs, and sweeping refuse disposal costs have all
increased significantly since 2012. The current contract Agreement did not specify any
adjustments, which is customary and should have been included in the Agreemen t.
The proposed Amendment also addresses updating language that is now standard for
agreements that the City is currently using. Specifically, the language updates includes
that of invoicing and conflict of interest language terms.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution To Approve Amendment No. 1 to Contract Sweeping Services Agreement
2. Exhibit A to the Resolution - Amendment #1 to the Agreement
3. Contract Sweeping Services Original Agreement
4.10
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RESOLUTION NO. - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CONTRACT SWEEPING SERVICES
WHEREAS, on June 6, 2012, the City of Dublin and Contract Sweeping Services
entered into a Consulting Services Agreement for street sweeping services; and
WHEREAS, the existing Agreement has a five-year term, with no specified expiration
date; and
WHEREAS, the parties now wish to amend the Agreement to change term of service;
increase compensation by an estimated amount of $2,218; amend invoicing terms and conflict
of interest language; and to supplement Exhibit A with A-1 and Exhibit B with B-1; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the Amendment No.1 to the Agreement with Contract Sweeping Services.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
Amendment No. 1 to the Agreement, attached hereto as Exhibit “A.”
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.10.a
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Contract Sweeping Services ("Consultant") as of June 6, 2012.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on [Insert Date], the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
ONE HUNDRED TWENTY-SIX THOUSAND SEVENTY DOLLARS AND TWENTY CENTS ($126,070.20)
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City
for duplicate services performed by more than one person.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services Page 1 of 13
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services Page 2 of 13
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, 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 Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services Page 3 of 13
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those 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
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
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. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
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.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88)or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services Page 4 of 13
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ATTACHMENT 3 — CITY OF DUBLIN STANDARD AGREEMENT
a.City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b.The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c.An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d.Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e.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. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services Page 5 of 13
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
a.The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b.Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c.If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d.A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with 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, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 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.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the 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.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services Page 6 of 13
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 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,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
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apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
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7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, 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 Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty(30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
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obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City,for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Gary Huisingh,
Public Works Director("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Joe Vella, President
Contract Sweeping Services
760 E. Capital Avenue
Milpitas CA 95035
Any written notice to City shall be sent to: Gary Huisingh
Public Works Director
City of Dublin
100 Civic Plaza
Dublin CA 94568
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10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the reporUdesign preparation. The stamp/seal shall be in a block entitled
Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN /
j
CONTRACT SWE •ING SERVICES
7Ma ft
Jo i L. Pattillo, City Manager Joe Ve a, President
Attest:
eci--
City Clerk
Approved as to Form:
ttorney
G:IMAINTENANCEIStreet Sweeping12012 Street Sweeping RFPlagreement with contract sweeping services.doc
Consulting Services Agreement between June 6, 2012
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
EXHIBIT A
SCOPE OF SERVICES
STREET SWEEPING SERVICES
Consultant shall use and furnish at his own expense all labor, equipment, and materials necessary
for the satisfactory performance of the street sweeping and parking lot sweeping work set forth
herein. After sweeping, curbs and gutters shall be left in a clean condition. A clean condition is
defined as the absence of residue in the streets and gutters upon the completion of the sweeping
operation. The sweeping shall include as many passes as necessary to leave the street in a clean
condition. Consultant shall maintain a log which indicates dates, times, streets, and miles swept.
The log shall be available for inspection by the Public Works Director or his or her designee.
Residential Street Sweeping: Performed twice monthly September through July. It is swept once
in the month of August. The City is divided into six residential sweeping zones. It is recognized
that some zones are large and will be increasing in area. The City is willing to modify the
sweeping zones given the following restrictions: Sweeping cannot occur on the same day as
garbage pickup in any given area. It is preferred that sweeping occur on the day following
garbage pickup. Route changes will not be allowed years without written authorization from the
Public Works Director. Should a route change be approved, Consultant shall be responsible for
notifying individual households that are affected in writing at least two weeks prior to beginning
the new schedule.
The following generally commercial streets shall be treated as residential streets (swept twice per
month) for the purpose of this Agreement: Dublin Court, Sierra Lane, Sierra Court, Civic Plaza,
Trinity Court, Houston Place. These commercial streets shall be swept early enough in the
morning to avoid cars being parked along the street.
Commercial Street Sweeping: Performed twice monthly from January through October and
four times monthly during November and December. The following streets are defined as
commercial streets:
Altamirano Avenue (Arnold Road to BART parking lot)
Amador Plaza Road (Amador Valley Boulevard to southerly end)
Amador Valley Boulevard (Village Parkway to westerly end)
Arnold Road (Altamirano Avenue to Gleason Drive)
Campbell Lane (Dublin Boulevard to Demarcus Boulevard)
Clark Avenue (Village Parkway to Dublin Boulevard)
Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard)
Dougherty Road (1-580 to Northerly City Limit, including a pass through the painted median
areas)
Dublin Boulevard. (Schaefer Ranch Road to Fallon Road)
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services--Exhibit A Page 1 of 4
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Fallon Road (Tassajara Road to I-580)
Gleason Drive (Arnold Road to Fallon Road)
Golden Gate Drive (Dublin Boulevard to southerly end)
Hacienda Drive (I-580 to Gleason Drive)
Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard)
John Monego Court (Dublin Boulevard to southerly end)
Lewis Avenue (Village Parkway to Portage Road)
Martinelli Way (Hacienda Drive to Iron Horse Parkway)
Regional Street(Amador Valley Boulevard to southerly end)
Saint Patrick Way (Amador Plaza Road to Golden Gate Drive)
San Ramon Road (I-580 to Alcosta Boulevard)
Scarlett Court (Dublin Boulevard to easterly end)
Scarlett Drive (Dublin Boulevard to Scarlett Court)
Tassajara Road (I-580 to Cydonia Court)
Village Parkway (Clark Avenue to Amador Valley Boulevard)
The center medians within the limits specified shall also be swept twice monthly. Any portions
of the above streets which are not within the limits above shall be defined as a residential street
and shall be swept in accordance with Paragraph 1 above.
Intersections: Performed twice monthly for the entire year. The intersections to be swept are
listed below.
Dublin Boulevard/San Ramon Road Dublin Boulevard/Regional Street
Dublin Boulevard/Golden Gate Drive Dublin Boulevard/Amador Plaza Road
Dublin Boulevard/Village Parkway Dublin Boulevard/Dublin Court
Dublin Boulevard/Sierra Court Dublin Boulevard/Dougherty Road
Dublin Boulevard/Demarcus Boulevard Dublin Boulevard/Iron Horse Parkway
Dublin Boulevard/Arnold Road Dublin Boulevard/Hacienda Drive
Dublin Boulevard/Tassajara Road Dublin Boulevard/Fallon Road
Amador Valley Blvd./San Ramon Road Amador Valley Blvd./Regional Street
Amador Valley Blvd./Village Pkwy. Amador Valley Blvd./Amador Plaza Rd.
Amador Valley Blvd./Dougherty Road Dougherty Road./Sierra Lane
Gleason Drive/Hacienda Drive Gleason Drive/Tassajara Road
Gleason Drive/Fallon Road Central Parkway/Hacienda Drive
Central Parkway/Tassajara Road Central Parkway/Fallon Road
Hacienda Drive/Martinelli Way
Emergency Callouts: Consultant shall provide a 24-hour telephone number and/or a list of
employees, including telephone numbers and pager numbers, who are available for 24-hour
emergency callout service. Fall leaf clean-up shall be billed on an emergency callout basis.
Compensation for emergency callouts shall be on an hourly basis.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services--Exhibit A Page 2 of 4
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
Parking Lot Sweeping: Performed twice monthly during the same weeks as the residential
sweeping. Sweeping shall be done after the normal operating hours of the facility so that no
vehicles remain in the parking lot at the time sweeping is done. In the case of parks in residential
neighborhoods (e.g., Alamo Creek Park and Shannon Park), sweeping shall be done at such time
as to avoid noise complaints from adjacent residents. Sweeping days and times for all parking
lots shall be approved by the Public Works Director or his or her designee.
Civic Center - 100 Civic Plaza
Shannon Park/Community Center - 11600 Shannon Avenue
Alamo Creek Park - Dougherty Road and Willow Creek Drive
Dublin Sports Grounds - Dublin Boulevard. next to Civic Center Plaza
Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason
Drive and two on Central Parkway)
Senior Center, 7600 Amador Valley Boulevard
Dublin Heritage Park 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one
at bank parking lot on Dublin Boulevard
Dougherty Hills Dog Park—Amador Valley Boulevard east of Stagecoach Road
Fallon sports park—Palermo Way east of Lockhart Street
Calculation of Curb Miles: Curb mileage shall be calculated according to actual street curb
miles and not machine odometer readings. If Consultant and the City disagree on the number of
curb miles in a given area, mileage may be measured and recalculated but the final determination
shall be the City's.
In the event that it becomes necessary to increase the frequency of sweeping during the heavy
leaf fall season and thus increase the total number of miles swept or to increase callout hours,
Consultant shall submit a proposal for City's approval prior to performing the additional service.
Any streets added to the City during the term of this Agreement, either by new construction or
annexation, shall be swept according to the appropriate schedule beginning as soon as said
streets are accepted officially by the City. The additional cost for sweeping these streets shall be
based on the per mile cost set forth in Attachment 2 Proposed Cost of Services. Consultant shall
be capable of providing any additional equipment and personnel needed to sweep potential
development or annexation areas for the term of this Agreement.
The City additionally reserves the right to reduce the number of curb miles to be swept within a
given year without incurring an increase in the agreed per-curb-mile cost for that year.
Holidays: If sweeping is not to be performed on certain holidays, Consultant must provide a
schedule for sweeping the missed streets. City shall be advised in advance of holidays to be
observed by Consultant and shall be provided with a makeup schedule that is no more than one
week later. Once the makeup schedule is established, it shall not be changed without prior
approval of the City.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services--Exhibit A Page 3 of 4
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ATTACHMENT 3 — CITY OF DUBLIN STANDARD AGREEMENT
Disposal of Sweepings: Consultant shall dispose of all refuse collected by hauling same to
legally established refuse disposal sites or other site approved by the Public Works Director.
Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed
containers, which shall be approved by the Public Works Director. If containers are used, they
shall be dumped upon completion of the sweeping cycle. At this time, the City does not have a
storage site available for debris boxes.
Water: Consultant shall provide, at his own expense, sufficient water for the street sweeping
equipment necessary to comply with this Agreement and to assure that the curb and gutter are
left in a clean condition and the amount of dust during sweeping is kept to a minimum. Water
meters shall be obtained from the Dublin San Ramon Services District. The cost of water shall
be paid by Consultant and included in the unit costs for various sweeping services.
Equipment Operation: The sweeper shall be operated at a safe speed which will allow for
maximum debris pick-up.
National Pollution Discharge Elimination System (NPDES) Requirements: Consultant shall
comply with the requirements of the Alameda County Urban Runoff Program and the
requirements of the NPDES Permit, including preparation and submittal to the City of the
monthly report which includes information regarding quantity of material picked up during the
sweeping process. Reporting procedures and forms are subject to change by the enforcing
agency.
Delays in Sweeping Schedule: In the event that delays in the sweeping schedule occur,
Consultant shall notify the City as soon as possible and provide a makeup schedule satisfactory
to the City.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services--Exhibit A Page 4 of 4
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ATTACHMENT 3 —CITY OF DUBLIN STANDARD AGREEMENT
EXHIBIT B
COMPENSATION SCHEDULE
Per Proposal dated May 14, 2012:
Street Sweeping Services
Annual Street Sweeping Quantities
Estimated
Item description Unit Quantity Unit Price Total Price
Residential Street Sweeping (2x monthly) Curb mile 4000 $ 18.46 73,840.00
Commercial Street Sweeping (2x monthly except
for Nov and Dec which are 4x monthly)Curb mile 1850 $ 18.46 34,151.00
Intersections Each 648 $ 4.15 2,689.20
Callouts(Includes Special Events and additional
fall leaf season cleanup) Hours 150 $ 69.00 10,350.00
Parking Lots Each 144 $ 35.00 5,040.00
Note if there are any proposed increases to costs for the length of the contract.
Note that quantities shown are projected amounts for 2012-2013 and are not necessarily the exact
amount to be swept. Street Sweeping services will be paid for based on the unit of measure of the
associated bid item.
If callout rate assumes a minimum number of hours, please indicate the minimum. If no
minimum is listed, a one hour minimum will be assumed.
Consulting Services Agreement between June 6, 2012
City of Dublin and Contract Sweeping Services--Exhibit B Page 1 of 1
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory
Structures and Uses Regulations) and Chapter 8.80 (Second Units
Regulations) PLPA 2016-00062
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 broadens the State’s affordable
housing efforts by relaxing the standards for second units (aka “accessory dwelling
units”). Among other things, the enactment of SB 1069 and AB 2099 requires that local
agencies provide for a ministerial review of proposed accessory dwelling units, and
limits the regulations that local agencies can impose on such units. Additionally, the bills
prohibit the imposition of parking standards under specified circumstances. The
proposed Zoning Ordinance amendments reflect these changes to the law as they
relate to setbacks, allowable unit size and the parkin g requirement based on specified
parameters. Additionally, other minor amendments are proposed to clarify the review of
second dwelling units.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Approving Amendments to Dublin Zoning Ordinance Chapters 8.40 (Accessory
Structures and Uses Regulations) and 8.80 (Second Units Regulations) Effective City-
Wide PLPA-2016-00062.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The State Legislature has found that California f aces a severe housing crisis and
determined that second units or “accessory dwelling units” are a valuable form of
housing in California which provide housing for family members, students, the elderly,
in-home health care providers, the disabled, and other s, at below market prices within
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existing neighborhoods. It is the intent of the Legislature that local ordinances do not
unreasonably restrict the ability of homeowners to create second units through
regulation of matters such as unit size, parking, fees, and other requirements or a
discretionary review process.
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 will amend Section 65852.2 of the
California Government Code. The enactment of SB 1069 and AB 2099 require that local
agencies continue to provide a ministerial review of second dwelling units, and further
limits the regulations that local agencies can impose on such units. The new law will
become effective January 1, 2017 and require amendments to the City’s regulation of
second units.
Therefore, Staff is proposing Zoning Ordinance amendments to the Accessory
Structures and Uses Regulations (Chapter 8.40) and Second Units Regulations
(Chapter 8.80) in order to comply with State law and to ensure that the Zoning
Ordinance remains internally consistent.
ANALYSIS:
The Dublin Zoning Ordinance currently allows for the establishment of a second unit on
a lot with an existing, detached, single-family dwelling unit in the Single-Family
Residential (R-1) zoning district and in some Planned Development zoning districts.
Further, the Second Unit Regulations (Chapter 8.80 of the Dublin Zoning Ordinance)
allow any application for a second unit that meets the Development Standards and
Regulations to be approved ministerially without discretionary review or a public hearing
as required by current State law.
With the passage of SB 1069 and AB 2099, State law requires the City to relax certain
development standards for second units including, setbacks, parking standards and unit
size. Staff is proposing an amendment to Chapter 8.80 (Second Units Regulations) to
comply with the changes in State law and Chapter 8.40 (Accessory Structures and Uses
Regulations) for clarification. An overview of the proposed amendments is provided
below. For the complete Zoning Ordinance amendments, refer to the proposed
Ordinance, Attachment 1.
Chapter 8.80 (Second Units Regulations)
Unit Size. The City’s existing second unit regulations require the total floor area
of a second unit to be at least 275 square feet and no more than 1,000 square
feet. Further, in no case shall a second unit exceed 35% of the total floor area of
the existing single-family residence. State law increased the maximum unit size
to 1,200 square feet for detached and attached second units, but in no case
greater than 50% of the existing floor area of the single-family residence for
attached second units. The law continues to allow the local jurisdictions to
determine the minimum size.
Setbacks. The City’s existing second unit regulations use the development
standards for the R-1 Zoning District with a few exceptions. The new law requires
additional exception for setbacks when the second dwelling unit is constructed
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above a garage or when an existing garage is converted to a second dwelling
unit.
Parking. The City’s existing second unit regulations require one off-street
parking space to be provided in addition to the two off -street parking spaces
required for the single-family residence. In order to comply with State law, the
proposed ordinance will not require parking for the second unit in any of the five
following instances:
(1) The accessory dwelling unit is located within one -half mile radius of a
public transit stop.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is within the existing primary residence or an
existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
Deed Restriction. The City’s existing second unit regulations require a deed
restriction to be recorded stating the City’s occupancy requirements, i.e. one of
the units on the property must be owner-occupied, either unit may be vacant,
second unit may not be sold separately, etc. The proposed amendments delete
this requirement as it is not necessary for enforcement of the Second Unit
Ordinance and its application is legally questionable.
Chapter 8.40 (Accessory Structures and Uses Regulations)
Staff is also proposing associated amendments to Chapter 8.40 (Accessory Structures
and Use Regulations) to clarify that the implementation of the Second Units Regul ations
is independent from the regulations for accessory structures and accessory uses. The
following discussion summarizes the proposed amendments to this chapter.
A second unit, while considered an accessory use to a single -family residence, is not
subject to the regulations of Chapter 8.40 (Accessory Structures and Uses
Regulations). As such, an amendment to Section 8.40.020 D (Requirements for Specific
Accessory Structures that Apply City-wide) and Section 8.80.030 C (Requirements for
Specific Accessory Uses that Apply City-wide) is proposed to clearly separate the
regulations for accessory structures and accessory uses from the regulations for second
units. This is consistent with the current implementation of the Zoning Ordinance and
simply provides clarification.
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CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General
Plan, including the Housing Element, all applicable Specific Plans and the Zoning
Ordinance in that the Amendments are consistent with applicable land use designations
and general development policies. The amendments include minor revisions for internal
consistency within the Zoning Ordinance.
PLANNING COMMISSION REVIEW:
On December 13, 2016, the Planning Commission reviewed the draft ordinance and
adopted Resolution No. 16-25, by a 3-0 vote, recommending the City Council adopt the
Ordinance approving amendments to Dublin Zoning Ordinance Chapters 8.40
(Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations)
effective citywide. The Planning Commission draft minutes from the December 13, 2016
meeting and Resolution 16-25 are included as Attachments 2 and 3 respectively.
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. The Public Notice was provided to all
persons who have expressed an interest in being notified of meetings. The Staff Report
for this public hearing was also made available on the City’s website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to the
CEQA, Staff is recommending that the project be found exempt in accordance with
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the
amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a
significant effect on the environment. The adoption of the proposed Ordinance does not,
in itself, allow the establishment of any use or the construction of any building or
structure, but sets forth the regulations that shall be followed if and when a use is
proposed to be established, or a building or structure is proposed to be constructed, or a
site is proposed to be developed. This Ordinance of itself, therefore, has no potenti al for
resulting in significant physical change in the environment, directly or ultimately.
ATTACHMENTS:
1. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.40
(Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulati ons)
Effective City-Wide PLPA-2016-00062
2. DRAFT Planning Commission Minutes 12.13.16
3. Planning Commission Resolution 16-25
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ORDINANCE NO. xx – 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.40
(ACCESSORY STRUCTURES AND USES REGULATIONS) AND 8.80 (SECOND UNITS
REGULATIONS) EFFECTIVE CITY-WIDE
PLPA-2016-00062
WHEREAS, Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 become effective on
January 1, 2017 and modify the State law and the requirements for second units or “accessory
dwelling units” related to unit size, setbacks, parking, and fees; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.80 (Second Units Regulations) allows
for the establishment of a second unit on a lot with an existing, detached, single-family dwelling
unit in the Single Family Residential (R-1) zoning district and in a Planned Development zoning
district (if not specifically prohibited by the PD regulations) subject to certain standards ; and
WHEREAS, Zoning Ordinance amendments to Chapter 8.40 are necessary to comply
with State law and clarify the regulations for second units; and
WHEREAS, The proposed Zoning Ordinance Amendments: 1) increase the maximum
unit size, modify setbacks and reduce the parking standards in specific instances consistent with
State law; and 2) clarify that the land use and development regulations for accessory structures
and accessory uses are independent from the regulations for second units; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
13, 2016, during which all interested persons were heard, and adopted Resolution 16-25
recommending City Council adoption of the proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on January 10, 2017, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds
that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all
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applicable Specific Plans in that the Amendments are necessary to comply with State law and
are consistent with applicable land use regulations and development policies.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby
finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) b ecause it
can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) will not have a significant effect on the environment. The adoption of the proposed
Ordinance does not, in itself, allow the establishment of any use or the construction of any
building or structure, but sets forth the regulations that shall be followed if and when a use is
proposed to be established, or a building or structure is proposed to be constructed, or a site is
proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
SECTION 3:
Section 8.40.020 D (Requirements for Specific Accessory Structures that Apply City -wide) of
Title 8 of the Dublin Municipal Code is hereby amended to add the following:
“3. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations.”
SECTION 4:
Section 8.40.030 C (Requirements for Specific Accessory Uses that Apply City-wide) of Title 8
of the Dublin Municipal Code is hereby amended to add the following:
“4. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations.”
SECTION 5:
Section 8.80.040 (Development Standards and Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to read as follows (with text in strikeout format indicating deletion and
underlined text indicating addition):
“A building permit for a second unit will only be issued if it complies with the following
development standards:
A. Permitted in the R-1 district and certain Planned Development districts. A second unit
may only be permitted in the R-1 zoning district and in a Planned Development zoning district
which specifically allows second units or in a Planned Development zoning district (if not
specifically prohibited by the PD regulations) which is subject to underlying R-1 standards where
second units are not specifically prohibited by the PD regulations.
B. Existing detached single-family dwelling unit. The lot on which a second unit is located
shall contain a legal existing, detached, single-family dwelling unit.
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C. Maximum of one second unit per lot. There shall be a maximum of one second unit per
lot.
D. Unit size. The total floor area of an attached or detached second unit shall be not less than
275 square feet, nor more than 1,2001,000 square feet. Further, in no case shall an attached
second unit exceed 35%50% of the existing living total floor area of the existing single-family
residence. For the purposes of this section “living area” shall mean the interior habitable area of
a dwelling unit including basements and attics but does not include a garage or any accessory
structure.
E. R-1 development standards. The second unit shall conform to the development standards
of the R-1 zoning district except as follows: including, but not limited to, setbacks and height but
excluding density standards.
1. No setback shall be required for an existing garage that is converted to a second
dwelling unit.
2. A setback of no more than five feet from the side and rear lot lines shall be required for
an accessory dwelling unit that is constructed above a garage.
3. As specified in this Chapter or by state law.
F. Parking. The second unit shall be provided with one additional off -street parking space in
accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading, except that
the space may be compact, may be uncovered, and may be in tandem with the required parking
of the principal dwelling unit. A curb cut shall be provided to City Standards. The second unit
parking shall be in addition to parking required for the dwelling unit. The additional off-street
parking space is not required in any of the following instances:
1. The second unit is located within one-half mile radius of a public transit stop.
2. The second unit is located within an architecturally and historically significant historic
district.
3. The second unit is within the existing primary residence or an existing accessory
structure.
4. When on-street parking permits are required but not offered to the occupant of the
second unit.
5. When there is a car share vehicle located within one block of the second unit.
G. Public utilities and services. Second units shall be served by public water and sewer and
shall have access to an improved public street.
H. Design Compatibility. The second unit shall incorporate the same or similar design
features, building materials, colors, and landscaping as the existing residence to give the
appearance of a single-family residence.
I. Entrance visibility. The entrance of a second unit shall not be visible from the street.
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J. Coverage. The principal residence and second unit combined shall not cover more than
60% of the lot.
K. Occupancy.
1. Applications shall be limited to owner-occupants.
2. No more than one dwelling unit on the parcel shall be rented or leased. The
rental or lease period shall be longer than 30 days.
3. The owner of the lot may occupy either the principal residence or the second
unit.
4. Either of the units may remain vacant.
5. The second unit shall not be sold separately.
6. A deed restriction shall be recorded setting forth the occupancy requirements.
76. No subdivision shall be allowed unless the division meets the applicable
requirements of Title 8 and Title 9 of the Municipal Code.
L. Building setbacks. If the second unit is detached, from the principal residence on the site,
the distance between the structures shall be determined by Chapter 7.34 Dublin Residential
Code the Uniform building Code, but no more than 100 feet from the principal residence on the
site.
SECTION 6:
Section 8.80.050 (Submittal Procedures of Title 8 of the Dublin Municipal Code is hereby
amended to delete Section 8.80.050 F (Deed Restriction) and to renum ber Section 8.80.050 G
(Building Permit Issuance) as Section 8.80.050 F.
SECTION 7:
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or
impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of
the ordinance or their applicability to other persons or circumstances.
SECTION 8: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this O rdinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
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PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 2017, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
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DRAFT DRAFT
Planning Commission December 13, 2016
Regular Meeting Page | 112
Planning Commission Minutes
Tuesday, December 13, 2016
1. CALL TO ORDER & PLEDGE OF ALLEGIENCE TO THE FLAG
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, December
13, 2016, in the City Council Chambers located at 100 Civic Plaza. Chair Kohli called the
meeting to order at 7:00 p.m.
Present: Chair Kohli; Vice Chair Mittan; Commissioner Bhuthimethee; Jeff Baker, Assistant
Community Development Director; Kit Faubion, Assistant City Attorney; Amy
Million, Principal Planner; and Debra LeClair, Recording Secretary.
Absent: Cm. Do
2. ORAL COMMUNICATIONS – NONE
3. CONSENT CALENDAR –
3.1 Minutes of the October 11, 2016 Planning Commission Meeting. On a motion
by Cm. Bhuthimethee and seconded by Cm. Mittan, on a vote of 3-0-1, with Cm.
Do being absent, the Planning Commission approved the minutes of the October
11, 2016 meeting.
4. WRITTEN COMMUNICATIONS – NONE
5. PUBLIC HEARINGS –
5.1 Zoning Ordinance Amendments to the Accessory Structures and Uses
Regulations (Chapter 8.40) and Second Units Regulations (Chapter 8.80) PLPA
2016-00062
Amy Million, Principal Planner, presented the project as outlined in the Staff Report.
Cm. Mittan asked if there are any areas within Dublin that are outside the one half mile radius of
a public transit stop.
Ms. Million answered yes; she stated that it applies to any existing bus stop as well as the BART
stations.
Cm. Mittan asked, if the City did not approve the ordinance, would the state law still be in effect.
Ms. Million answered yes.
Cm. Mittan felt that this ordinance was similar to the marijuana use ordinance in that the City is
taking steps to adjust the City’s ordinance to comply with the State’s statutes.
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DRAFT DRAFT
Planning Commission December 13, 2016
Regular Meeting Page | 113
Jeff Baker, Assistant Community Development Director, agreed and stated that the Ordinance
will ensure that the City’s rules do not conflict with the State statutes and also to help with
implementation.
Cm. Mittan asked if the City receives many requests for garage conversions or second units.
Mr. Baker answered that the City does not receive many requests for either. He went on to say
what the City more typically sees are second units included in some of the new developments
but not many in the existing neighborhoods.
Cm. Mittan stated that he lived in Castro Valley where it was common to subdivide a lot to build
a second unit.
Cm. Bhuthimethee felt that the fees to construct a second unit are cost prohibitive.
Cm. Mittan asked if the fee structure for second units will change.
Kit Faubion, Assistant City Attorney, responded that the legislature is contemplating the
regulation of fees on 2nd units because that has been a major obstacle. She stated that there is
a provision that applies to limiting utility connection fees, but that is only a small number. She
stated that there has been a discussion at the State level regarding various clean-up measures
to deal with the issue of fees.
Cm. Mittan asked if sewer fees are one of the ma in fees that are an issue.
Cm. Bhuthimethee felt that the State bill waives the sewer connection fee.
Ms. Faubion answered that would apply to cities and counties but not for districts; such as the
Dublin San Ramon Services District. She stated that the bill defines the provider as a city
and/or county which is part of the clean-up measure at the state level.
Cm. Bhuthimethee asked if the state law restricted an increase to square footage to 50% for
attached units.
Ms. Million answered yes; the State is separating the requirements, and stated that the
restriction is for a flat square footage amount of 1,200sf and that applies to both attached and
detached units. She added that the threshold percentage only applies to attached units.
Cm. Bhuthimethee stated that the ordinance mentions the parking in “historically significant
districts” and asked where those districts would be located in Dublin.
Mr. Baker answered that the Heritage Park project is located within the Dublin Village Historic
Area Specific Plan area.
Cm. Bhuthimethee asked if the Heritage Park lots would be too small.
Mr. Baker answered yes, but a second unit could possibly be incorporated inside the footprint of
the home.
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DRAFT DRAFT
Planning Commission December 13, 2016
Regular Meeting Page | 114
Cm. Bhuthimethee asked if the 5 foot setback would only apply to a second unit located above
the garage.
Ms. Million answered that the changes in the setbacks were specific to new construction above
the garage and a garage conversion. She felt that the reason the State specified it is because,
if there was an existing garage that wouldn’t meet the setbacks for a second unit, it would be
allowed to be grandfathered in for that conversion.
Cm. Bhuthimethee felt that the setback for a garage conversion would be applicable to older
properties.
Cm. Mittan asked what the City’s requirements would be regarding garage conversions, east
side vs west side.
Mr. Baker answered that the property owner would need a CUP for a garage conversion which
would require Planning Commission approval.
Cm. Mittan asked if the property owner could eliminate the garage and felt that a lot of
homeowners are already doing this.
Mr. Baker stated that they would need a permit, and also they would need to meet parking
requirements and the setbacks.
Cm. Mittan asked if they could convert the existing garage and then build a new garage.
Mr. Baker answered that the property owner could do that if the setbacks could be met.
Chair Kohli opened the public hearing and seeing no persons to speak closed t he public
hearing.
On a motion by Chair Kohli and seconded by Cm. Bhuthimethee, on a vote of 3-0-1, with Cm.
Do being absent, the Planning Commission adopted:
RESOLUTION NO. 16 - 25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING
ORDINANCE CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS)
AND CHAPTER 8.80 (SECOND UNITS REGULATIONS) EFFECTIVE CITY-WIDE
6. UNFINISHED BUSINESS – NONE
7. NEW BUSINESS - NONE
8. OTHER BUSINESS -
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DRAFT DRAFT
Planning Commission December 13, 2016
Regular Meeting Page | 115
8.1 Mr. Baker recognized Chair Kohli, Cm. Do and Councilmember Goel, who were
leaving the Commission and Kit Faubion, Assistant City Attorney, who is retiring.
He spoke regarding their many accomplishments during the last four years. He
thanked Chair Kohli and City Councilmember Goel for their many
accomplishments during their tenure with the Planning Commission. He also
commended Ms. Faubion for the invaluable service she has provided to the City of
Dublin.
9. ADJOURNMENT – The meeting was adjourned at 7:32:28 PM
Respectfully submitted,
Planning Commission Chair
ATTEST:
Jeff Baker
Assistant Community Development Director
G:\MINUTES\2016\PLANNING COMMISSION\12.13.16 DRAFT PC MINUTES.docx
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RESOLUTION NO. 16-25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING
ORDINANCE CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS)
AND CHAPTER 8.80 (SECOND UNITS REGULATIONS) EFFECTIVE CITY-WIDE
PLPA-2016-00062
WHEREAS, Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 will become effective on
January 1, 2017 and modify the State law and the requirements for second units or “accessory
dwelling units” related to unit size, setbacks, parking, and fees; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.80 (Second Units Regulations) allows
for the establishment of a second unit on a lot with an existing, detached, single-family dwelling
unit in the Single Family Residential (R-1) Zoning District and in a Planned Development zoning
district (if not specifically prohibited by the PD regulations) subject to certain standards ; and
WHEREAS, Zoning Ordinance amendments to Chapter 8.40 are necessary to comply
with State law and clarify the regulations for second units; and
WHEREAS, the proposed Zoning Ordinance amendments: 1) increase the maximum unit
size, modify setbacks and reduce the parking standards in specific instances consistent with
State law; and 2) clarify that the land use and development regulations for accessory structures
and accessory uses are independent from the regulations for second units; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission
recommend that the City Council find this project exempt in accordance with CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the
Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment ;
and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission held a public hearing on the proposed Zoning
Ordinance Amendments on December 13, 2016; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
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NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 13th day of December 2016 by the following
vote:
AYES: Mittan, Kohli, Bhuthimethee
NOES:
ABSENT: Do
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Dublin Boulevard Improvements - Sierra Court to Dublin Court: Project
Update, Approval of Plans and Specifications and Authorization to Bid a
Project Phase
Prepared by: Michael Boitnott, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will receive an update on the Dublin Boulevard Improvements Project
(CIP No. ST1012). Additionally, Staff is requesting City Council approve the plans and
specifications, as well as authorize the bidding of the first phase of the project. The
undergrounding of utilities is the first phase of construction and provides for the
undergrounding of electric, cable TV, and communication lines, and the removal of
overhead poles, along Dublin Boulevard from Sierra Court to Dublin Court.
STAFF RECOMMENDATION:
Receive the Project update and adopt the Resolution Approving the Plans and
Specifications and Authorizing Bidding for the Undergrounding of Utilities in the City Of
Dublin Underground Utility District 2013-1 as Part of the Dublin Boulevard
Improvements – Sierra Court to Dublin Court Project (CIP No. St1012).
FINANCIAL IMPACT:
The Capital Improvement Program (CIP) budget for the Dublin Boulevard Improvements
Project is $6.9 million, and includes $1 million in PG&E Rule 20A funds for the
undergrounding of utilities. The construction estimate for the undergrounding work is
approximately $1.3 million. It is anticipated, based on the construction estimate, that
additional funds may be needed for the undergrounding work. Upon receipt and
evaluation of bids, if the lowest bid exceeds the existing budget, Staff will develop
funding options, such as other existing street improvement funds, or other non-General
Fund sources, to bring to City Council with the consideration of the construction
contract.
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DESCRIPTION:
Project Update
The Dublin Boulevard Improvements Project (CIP No. ST1012) provides for the
widening of Dublin Boulevard from Sierra Court to Dublin Court and for the
undergrounding of existing overhead utilities within the project limits. Completion of this
project will widen Dublin Boulevard from four to six lanes and install bike lanes, modify
two traffic signals, install pedestrian-scaled lights, and enhance the existing
landscaping. In addition to addressing traffic congestion and improving multi -modal
circulation on Dublin Boulevard, including improved access to the Dublin BART stations,
these improvements are necessary to conform to the General Plan.
The segment of Dublin Boulevard from Sierra Court to Dublin Court is a critical
east/west arterial that carries, on average, over 32,000 vehicle trips a day, with most
trips occurring during the daytime. The utility undergrounding, related Dublin San
Ramon Services District (DSRSD) sewer work, and road widening phases will require
temporary lane closures during construction. In an effort to minimize traffic congestion,
impacts to business, and impacts to the overall community, Staff is proposing to
construct the improvements at night between the hours of 8:00 pm and 6:00 am,
Sunday through Friday, with weekend work by special request requiring Staff approval.
Utility Undergrounding
On July 16, 2013, the City Council held a Public Hearing establishing Underground
Utility District 2013-1 on Dublin Boulevard - Civic Plaza/Sierra Court to Dublin Court, to
underground existing overhead utilities along Dublin Boulevard, in conjunction with the
widening of Dublin Boulevard from two lanes to three lanes in the westbound direction,
and the addition of a bike lanes in both directions. The undergrounding portion of the
project will be funded with California Public Utilities Commission Rule 20A funds.
The undergrounding work, which applies to Pacific Gas & Electric (PG&E), Comcast,
AT&T and Sprint utilities, is the first phase of the widening of Dublin Boulevard. The
project plans and specifications have been completed, and will include eliminating
overhead utility lines on wooden poles on both sides of Dublin Boulevard between
Sierra Court and Dublin Court, installing the utilities underground, and reconnecting
overhead services to utility customers with new underground service connections. As
part of this project, the surface improvements will be temporarily restored until the
ultimate improvements are installed during the second phase widening project.
This first phase of the project will be primarily funded with Rule 20A funds. Rule 20A is
an electrical tariff program lead by the California Public Utilities Commission which
requires a portion of new services to contribute towards the undergrounding of existing
overhead utility lines. In our area, PG&E holds agencies’ Rule 20A allotments and local
agencies can also borrow up to five years of future credits to be used to construct a
Rule 20A project. This Project budget includes $1 million of Rule 20A funds out of a
total allotment of $1.14 million (including the future five-year credits). Staff will update
the Project budget to include the full allotment once the bid results are presented to the
City Council at a future meeting.
In addition, the program allows for agencies to borrow or purchase credits with other
agencies for use on utility undergrounding projects. The purchase of credits is
8.1
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Page 3 of 3
dependent upon the market, but usually available credits can be purchased at less than
face value. The current Engineer’s Estimate for the project is $1.3 million. The City
may consider the acquisition of credits should the actual construction work exceed the
current credit amount and would look to fund the credit purchase with funding sources
other than the General Fund. Once the construction bids are opened and evaluated,
Staff would bring back any options needed to bridge any remaining funding gaps for the
first phase of the project.
In addition to the utility undergrounding work, DSRSD will relocate a sanitary sewer lift
station that is located within the current roadway pavement. The DSRSD lift station will
be relocated behind the future sidewalk to clear the way for the road widening portion of
the project. The lift station work will be funded, constructed, and managed by DSRSD
and will be implemented concurrently with the undergrounding work to minimize impacts
to the community.
This work is exempt under Section 15302 (Replacement or Reconstruction) of the
California Environmental Quality Act (CEQA) Guidelines.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Staff has started the process of reaching out to business and residential groups in the
vicinity of the project to inform them of the future improvements and night construction.
ATTACHMENTS:
1. Resolution Approving the Plans and Specifications and Authorizing Bidding for the
Undergrounding of Utilities in the City of Dublin Underground Utility District 2013-1
2. Draft Dublin Boulevard Preliminary Construction Schedule and Phasing Exhibit
8.1
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RESOLUTION NO. - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING BIDDING FOR THE
UNDERGROUNDING OF UTILITIES IN THE CITY OF DUBLIN DUBLIN BOULEVARD RULE
20A UNDERGROUNDING UNDERGROUND UTILITY DISTRICT 2013-1 – “SIERRA COURT
TO DUBLIN COURT” –AS PART OF THE DUBLIN BOULEVARD IMPROVEMENTS –
SIERRA COURT TO DUBLIN COURT PROJECT ( CIP NO. ST1012)
WHEREAS, the City of Dublin Capital Improvement Program includes the Dublin
Boulevard Improvements – Sierra Court to Dublin Court Project (CIP No. ST1012); and
WHEREAS, CIP No. ST1012 includes the undergrounding and relocation of overhead
utilities, funded by Rule 20A monies; and
WHEREAS, on July 126, 2013, the City Council held a Public Hearing establishing the
City of Dublin Underground Utility District 2013-1 (District 2013-1) onfor Dublin Boulevard –
Sierra Court to Dublin Court to underground existing overhead utilities along Dublin Boulevard;
and
WHEREAS, this workproject is exempt under Section 15302 (Replacement or
Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, the design team has completed the plans and specifications and the utility
companies have approved the project plans for the undergrounding of existing overhead utilities
Dublin Boulevard Rule 20Ain Undergrounding Utility District 2013-1 and the project work is
ready for public bidding; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the plans and specifications for the undergrounding of existing overhead
utilities in District 2013-1, as part of the Dublin Boulevard Improvements Dublin Boulevard Rule
20A Undergrounding Utility District 2013-1 – Sierra Court to Dublin Court – Sierra Court to
Dublin Boulevard Project (CIPProject No. ST1012) and authorizes public bidding;
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby
authorizes the project to be constructed at night between the hours of 8:00 pm and 6:00 am
Sunday through Friday and work on the weekends would be at a special request and require
staff approval, in an effort to minimize impacts to the community.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Indent: First line: 0.5"
8.1.a
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ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
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Phase 1A DSRSD Lift Station Relocation Phase 1B Utility Undergrounding Phase 2 Street Improvements
DSRSD
Lift Station Relocation
Utility
Undergrounding
Street
Improvements
April 2017 through August 2017
Maintain 1 lane in both directions at all times
Hours Sun-Fri 9 PM to 6 AM
Late March 2017 through September 2017
Maintain 1 lane in both directions at all times
Hours Sun-Fri 8 PM to 6 AM
September 2017 through December 2018
Maintain 1 lane in both directions at all times
Hours Sun-Fri 8 PM to 6 AM
DRAFT DUBLIN BOULEVARD PRELIMINARY CONSTRUCTION SCHEDULE & PHASING
December 2016City of Dublin Public Works Department www.dublin.ca.gov (925) 833-6630
8.1.b
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Fire Prevention, Planning and Building Code Enforcement Overview
Prepared by: Gregory Shreeve Sr., Chief Building Official
EXECUTIVE SUMMARY:
The City Council will receive a report on code enforcement activities within the City of
Dublin.
STAFF RECOMMENDATION:
Receive the report and provide feedback to Staff as appropriate.
FINANCIAL IMPACT:
No financial impact. The current fiscal year budget allocates funds for staffing to
address code enforcement activities.
DESCRIPTION:
Background
Code enforcement activities are handled in a comprehensive manner within the City of
Dublin. Code enforcement cases result from proactive measures or from concerns
brought to the City from the public. Depending upon the concern, enforcement may
involve Staff from the Planning Division, Building & Safety Division, Fire Prevention,
Police Department or the City Attorney’s Office.
Each department enforces those regulations for which they are the Authority having
jurisdiction as determined by the Dublin Municipal Code (DMC). The Planning Division
enforces regulations related to land use, development, and general pr ivate property
maintenance. These topics are regulated by the DMC primarily through the Zoning
Ordinance (Title 8), the Public Welfare Ordinance (Title 5) which includes the following
chapters: Property Maintenance (Chapter 5.64); Weeds and Refuse (Chapte r 5.7); and
Rodent and Fly Control (Chapter 5.72). The Building & Safety Division addresses
building safety by way of the California Building Standards Code as addressed in the
DMC Title 7. These activities can run from working without a permit to houses with
mold problems. The Fire Prevention Bureau handles the Fire Codes and National Fire
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Protection Association (NFPA) standards as addressed in DMC Title 5. The Bureau’s
code enforcement activity runs from business license inspections to fire investigat ions.
Dublin Police Services code enforcement activities general involve the criminal and
vehicle codes. They also provide Staff with assistance relative to issuance of citations
and security or access to sites. The City Attorney’s Office assists Staff with obtaining
an inspection warrants or getting violations abated.
Currently, the City has one (1) Planning Code Enforcement Officer, a half -time (.5) time
Contract Building Code Enforcement Officer, and two (2) full time Contract Fire
Prevention Staff whose primary duties include enforcement activities. Additional Staff
members from each division can be assigned to supplement enforcement activities as
necessary. The time spent on code enforcement can be modified at a moment’s notice
to handle code enforcement activities as they arise.
In code enforcement cases that may have violations covered by different divisions or
departments, the City utilizes a Community Action Team (CAT) approach to code
enforcement activities. The team consists of representati ves from Crime Prevention,
Fire Prevention, Planning and Building & Safety Divisions. Other departments are
brought in as necessary for their expertise in the case. Example of other departments
may include Public Works or the City Attorney’s Office. Thi s method allows for a
coordinated approach to the situation, better customer service and quicker resolution to
all violations on the property. The CAT team meets on a regular basis to ongoing
coordination, compare cases and discuss where joint action is needed.
Code Compliance
Code violations are identified by way of proactive and reactive enforcement (i.e.
complaint based). Proactive enforcement typically includes observations made by
enforcement staff while regularly “patrolling” the City, observations made by a Contract
Building Inspector during a scheduled building permit inspection or by the Fire Code
Compliance Officer during a routine Business License Inspection or Annual / Tri -Annual
Fire Inspection. Reactive enforcement is complaint based and rep orted to the City
through multiple platforms which include a phone call, e-mail, letter and on-line via the
City’s website. Complaint can be made anonymously. All proactive and reactive cases
are investigated, as per City Resolution # 150-09, this includes anonymous complaints.
Staff utilizes procedures that attempt to obtain code compliance voluntarily; this is done
through site visits, letters, warning notices and pre-citation letters. When Staff is unable
able to obtain code compliance voluntarily, c itations will be issued. Depending on the
life safety risk, Staff may seek a court order for correction of the violations.
Code Enforcement
As stated earlier proactive code enforcement is performed utilizing a few different
methods. These methods are as follows:
Contract Building Inspectors drive throughout the City on the way to their
scheduled inspections. Inspectors, by nature of their job, are observant
individuals. During their ride from one inspection or job site to the next, it is not
uncommon for an inspector to notice something out of the ordinary. When this
occurs the inspectors will investigate and if a possible violation is observed, it is
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turned over to the Contract Building Code Enforcement Inspector for follow up.
Contract Building Inspector notices a violation while performing an inspection of
permitted work. (It is important to note the inspectors are accompanied by the
permit holder’s representative and only go from the entrance to the inspection
area. The Inspector is not going throughout the property or building looking for
violations and does not go into areas that they are not invited).
Upon the submittal of a Business License Application, the Fire Code Compliance
Officer performs an inspection of the premise of the business , to verify
compliance with the Building & Fire Codes and that unpermitted work has not
been performed. The exception to this rule is that Home Occupation Business
License Applications and Businesses outside the City of Dublin are not inspected
by the Fire Code Compliance Officer.
Fire staff conducts inspections of buildings as required by the State Fire
Marshals Offices and the Fire Code. As well as conducting inspections of sites
with operational fire permits and those under the City of Dublin’s Self -Inspection
program.
Proactive code enforcement represents the majority of the Planning Division and Fire
Prevention Bureau’s cases. Reactive code enforcement represents the majority of
Building & Safety Code Enforcement cases. The reactive code enforceme nt complaint
cases involve graffiti abatement, property maintenance complaints, possible work being
done without City permits, Housing Code violations.
Code Enforcement Process
Upon receiving a complaint (proactive or reactive are treated the same), the information
on the potential code violation is forwarded to the Division / Department responsible for
the type of complaint. Staff visits the site and request permission to perform an
inspection. If entry is granted the inspection is performed for the buil ding or premises.
The results of the inspection are compared to City records and Codes to determine if a
violation(s) exists. If it is determined that no violation exists, the owner and complaint
are notified of the results of the inspection. If it is determined that a violation does exist,
the owner of the building or premise is sent a letter explaining what the violation(s) is
(are) and how to correct the violation(s). The Code Enforcement Officer will continue to
work with the owner to obtain voluntary compliance. If they are unsuccessful in
obtaining voluntary compliance further action will be taken, up to and including the
issuance of citations (similar to a traffic ticket) and / or a court order to abate the
violation. Few of the cases reach the need for the issuance of a citation and even
fewer, the need for abatement by the City or a Court Order.
If entry is refused and the Building Official or Fire Code Official has a reasonable cause
to believe that a violation of the Codes exist in any buildi ng or premises, the Building
Official or Fire Code Official has the ability to obtain an inspection warrant to perform
the inspection. Additional information on the Building Official’s Right -of-Entry can be
found in section 7.28.120 of the Dublin Municipa l Code. The information on the Fire
Code Official's Right-of-Entry is found in section 104.3 of the Dublin Fire Code.
The exception to the above process is when the complaint is anonymous. Per City
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Council Resolution 150-09, all anonymous complaints will be investigated. However, no
action will be taken on anonymous complaints where the City Manager, Community
Development Director, Public Works Director or Building Official determines that the
matter does not warrant further action.
Conclusion
As you can see from above, the City’s has a robust and cooperative code enforcement
program. While no program can ensure 100% safety, the City's actions on code
enforcement results in an extremely high level of safety throughout the community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
None.
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None.
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Mayor’s Appointments of Planning Commissioners and Potential Changes
to Appointment Process
Prepared by: John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
At the December 20, 2016 meeting, the City Council considered the Mayor’s
appointments to various commissions, including the Planning Commission. After
approving the balance of the appointments, the City Council asked that the City
Attorney provide the City Council with information regarding the City Council’s options
for changing the process for making appointments to the Planning Commission. This
item includes the requested information and in addition gives the City Council the
opportunity to act on the Mayor’s appointments to the Planning Commission.
STAFF RECOMMENDATION:
Receive the report, and consider the Mayor’s appointments to the Planning Commission
or provide other appropriate direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At the December 20, 2016 meeting, the City Council considered the Mayor’s
appointments to various City Commissions and Committees. The City Council approved
all of the appointments except those to the Plannin g Commission. The City Council
asked for additional information concerning the options the City Council has to change
the process for appointments to the Planning Commission. As indicated in the Staff
Report at the December 20, 2016 meeting (Attachment 1 ), the Mayor is recommending
the appointment of Mona Lisa Ballesteros, Amit Kothari, and Stephen Wright.
Background on Planning Commission Appointments
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State law provides that each city must have a planning agency that is responsible for
carrying out certain planning related functions. The City Council may act as the planning
agency, or the City Council may create a separate planning commission to act as the
planning agency. If the city council establishes a separate planning commission, the city
council “shall specify the membership of the commission.” (Gov. Code § 65101(a).) In
general law cities where the office of mayor is an elective office, “the mayor, with the
approval of the city council, shall make all appointments to boards, commission, and
committees unless specifically provided by statute.” (Gov. Code § 40605.)
The Attorney General has issued an opinion advising that these statutes provide a
directly elected mayor of a general law city (as is the case in Dublin) with the sole
authority to make appointments to the city’s planning commission, subject to the
approval of the city council. (89 Ops. Cal. Atty. Gen 178 (2006).) The city council’s
power to “specify the membership of the commission” gives a city council the authority
to establish “the number and status of the various members, whether regular members,
alternate members, ex officio members, or the like,” but does not diminish the mayor’s
appointment authority in any manner. (Id.)
Given the Mayor’s sole authority to make appointments to the Dublin Planning
Commission, the City Council may not adopt an appointment process that transfers the
Mayor’s appointment authority to the City Council at large, or to any other individual. For
example, at the December 20 City Council meeting, there was some discussion about
creating a process whereby the City Manager would review all applications, and select a
limited number from the pool of applicants to be interviewed by the full City Council,
prior to the Mayor making the final appointments. State law prohibits this type of
process, since it restricts the Mayor to appointing applicants pre-selected by the City
Manager.
City Council Options
The City Council has three options for the Planning Commissioner appointment
process.
1. Approve or Reject the Mayor’s Appointments.
State law and the Municipal Code provide that the Mayor’s appointments are subject to
the approval of the City Council. Accordingly, the City Council may reject an
appointment made by the Mayor. If the City Council rejects an appoi ntment, the Mayor
may make another appointment, until an appointment is approved by the City Council.
The City Council does not need to vote on the Mayor’s appointments as a group and
may vote to approve or reject each one of the appointments individually. Additionally,
the City Council may choose to approve one or more of the Mayor’s pending
appointments but subject future appointments to the processes described below.
2. Interview the Mayor’s Appointments.
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Prior to deciding whether to approve or reject the Mayor’s appointments, the City
Council may interview the selected individuals. The interviews can occur at a regular or
special meeting of the City Council. Performing these interviews is consistent with
California law, since it does not diminish the Mayor’s appointment authority. It would
simply be part of the City Council’s consideration of approving or disapproving the
appointments.
3. Establish Specific Qualifications for Planning Commissioners.
As referenced above, California law allows the City Council to “specify the membership
of the commission.” While the relevant sections of state law do not define precisely what
“specify the membership” means, it is reasonable to conclude that the City Council has
the authority to establish criteria or qualifications for serving on the Planning
Commission. For example, the City Council may establish a requirement that all
applicants have previously attended a meeting of the Planning Commission. The City
Council may also choose to establish criteria f or the Planning Commission as a whole,
for example, by requiring at least one member of the Commission to be a licensed
architect. If the City Council desires to establish criteria for service on the Commission,
the City Council must adopt an ordinance ame nding the Municipal Code to incorporate
the selected criteria. If criteria are adopted, the Mayor would be required to appoint
individuals that meet the qualifications. Note, certain specific criteria, such as a
requirement that applicants must have lived in the City for an extended period of time
prior to appointment, may be prohibited by state or federal law.
Appointment Processes in Other Communities
As a general law city with a directly elected mayor, Dublin is in a different situation t han
most other neighboring cities. In general law cities without a directly elected mayor,
state law does not require that the Mayor make all appointments; the appointments are
made by the City Council directly. Similarly, charter cities, such as San Ramon and
Hayward, are not governed by the provisions of state law and can adopt their own
processes for appointing commissioners. We were unable to find any general law cities
with directly elected mayors in either Alameda or Contra Costa Counties that have
adopted criteria for service on the city’s planning commission or that require applicants
to undergo interviews.
Please note, that while the terms of certain planning commissioners ended at the end of
December 2016, the Dublin Municipal Code provides that c ommissioners with expiring
terms shall serve until their successors are appointed. (DMC § 2.12.020(A).)
Accordingly, those commissioners whose terms expired in December 2016, and who
have not otherwise resigned or forfeited the office, may continue to serve until the City
Council approves the Mayor’s new appointments.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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None.
ATTACHMENTS:
1. December 20, 2016 Staff Report on Mayor’s Appointments to City Commissions and
Committees
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