HomeMy WebLinkAboutDecember 6, 2016 Agenda
December 6, 2016 Dublin City Council Agenda Page 1 of 5
SPECIAL MEETING
Tuesday, December 6, 2016
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.
SPECIAL MEETING 5:00 PM
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
3.1. Recognition of Bethany Zummo
The City Council will recognize Bethany Zummo, Rio 2016 Paralympic Games Gold
Medalist.
STAFF RECOMMENDATION:
Present the certificate of recognition.
3.2. Donation of Equipment and Software for an Electronic Plan Check Pilot Program
The City Council will consider accepting a donation of computer monitors, software, and
software licenses from Brookfield Residential, to be used by City Staff to in a pilot program
to perform plan checks electronically for The Boulevard (Dublin Crossing) project.
STAFF RECOMMENDATION:
Formally accept the donation and recognize Brookfield Residential, and provide direction to
Staff on the Electronic Plan Check Pilot Program.
3.3. 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 wit h
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
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 November 15, 2016 Regular City Council Meeting
The City Council will consider approval of the minutes of the November 15, 2016 Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the November 15, 2016 Regular City Council meeting.
December 6, 2016 Dublin City Council Agenda Page 2 of 5
4.2. Adoption of Uncodified Ordinance Authorizing the Implementation of a Community
Choice Aggregation Program (Second Reading)
The City Council will consider adopting an Uncodified Ordinance authorizing the
implementation of a Community Choice Aggregation Program in Dublin. The first reading of
this Uncodified Ordinance was held at the November 15, 2016 Regular City Council
Meeting.
STAFF RECOMMENDATION:
Waive the reading and adopt the Uncodified Ordinance Authorizing the Implementation of a
Community Choice Aggregation Program.
4.3. Authorization to Bid Sean Diamond Park, CIP Project PK0216
The Capital Improvement Program (CIP) includes funding to design and construct Sean
Diamond Park. The 5-acre park would provide a central gathering point with public art,
playgrounds for ages 2-to-5 and 5-to-12, a tennis court, picnic area, informal lawn area, grass
volleyball court, restroom building, and interior pathways for circulation and exercise. Staff
is requesting City Council authorization to bid Sean Diamond Park, CIP No. PK0216.
STAFF RECOMMENDATION:
Authorize Staff to advertise Sean Diamond Park, CIP No. PK0216, for bids, including
additive alternates for the shade structure at picnic area and additional lighting at the central
garden.
4.4. Acceptance of Work – Contract No. ST0815A Amador Plaza Road Bicycle and
Pedestrian Improvements - Phase 1
The City Council will consider accepting the work for Contract No. ST0815A, Amador Plaza
Road Bicycle and Pedestrian Improvements - Phase 1, which provided for the construction of
two mid-block crosswalks including curb extensions, median island refuge areas, and
Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices. The project also
included construction of a raised median island at the southern driveway in front of the
Safeway property. These improvements increased pedestrian safety and improved traffic
circulation in the Downtown area.
STAFF RECOMMENDATION:
Adopt the Resolution Accepting Improvements under Contract No. ST0815A for the
Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 Project and authorize
the City to release retention after 35 days if there are no subcontractor claims.
4.5. Agreement for Participation in the Alameda County Operational Area Emergency
Management Organization
The City Council will consider adopting a Resolution approving continued participation in
the Agreement for Participation in Alameda County Operational Area Emergency
Management Organization, as it was approved by the Alameda County Board of Supervisors
on May 10, 2016.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the Agreement for Participation in Alameda County
Operational Area Emergency Management Organization.
4.6. Agreement with West Corporation for the Emerald Glen Recreation and Aquatic
Complex (CIP No. PK0105)
The City Council will consider approval of an agreement with West Corporation for access
control and site security at the Emerald Glen Recreation and Aquatic Complex (CIP No.
PK0105).
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Consulting Services Agreement between the City of
Dublin and West Corporation for the Emerald Glen Recreation and Aquatic Complex Project
(CIP No. PK0105).
December 6, 2016 Dublin City Council Agenda Page 3 of 5
4.7. Task Order for the Metropolitan Planning Group
The City Council will consider approving a Task Order for the Metropolitan Planning Group
in the amount of $97,550. The Metropolitan Planning Group will assist the Planning Division
Staff with processing the entitlements for the Boulevard project, and plan check services
related to several approved development projects. The work will be performed in accordance
with the terms of the recently approved Consulting Services Agreement with the firm to
provide these types of services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Task Order #1 with the Metropolitan Planning Group to
provide contract planning services.
4.8. Fiscal Year 2016-17 1st Quarter Financial Review, and Resolution Amending the
Position Allocation Plan
The City Council will receive a financial report through the first quarter for Fiscal Year
2016-17 and consider amendments to the Fiscal Year 2016-17 Budget via a budget change.
The City Council will also consider approval of a resolution amending the City’s Position
Allocation Plan to account for an increase by 0.25 in the full-time equivalent (FTE) position
count.
STAFF RECOMMENDATION:
Approve the budget change and adopt the Resolution Amending the City of Dublin Position
Allocation Plan for Fiscal Year 2016-17.
4.9. Notice of Pending Decision on Final Maps for Tract 8306, Tract 8307, and Tract 8308
In accordance with Chapter 9.24.80 of the Dublin Municipal Code, the City Council is
hereby notified of the City Engineer’s pending approval of the Final Maps for Tract 8306,
Tract 8307, and Tract 8308, located at the Boulevard development on Camp Parks, within the
Dublin Crossing Specific Plan Area. The City Engineer shall approve the Final Map within
10 days following this notification.
STAFF RECOMMENDATION:
Receive the notification.
4.10. Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code
Pertaining to the City’s Conflict of Interest Code
The City Council will consider adoption of an ordinance amending the City of Dublin
Conflict of Interest Code. This is the second reading of this ordinance.
STAFF RECOMMENDATION:
Waive the reading, and adopt the Ordinance Amending Chapter 2.24 of the Dublin
Municipal Code Relating to the City’s Conflict of Interest Code.
4.11. City Council Chamber Renovations
The City Council will consider approving a budget change to the Civic Center Modification
Design & Construction Project (CIP No. GI4099) based on updated construction cost
estimates for the City Council chamber renovations, approve a related amendment to the
Swatt I Miers contract for design work, and authorize the City Manager to purchase
equipment.
STAFF RECOMMENDATION:
Approve a budget change for the Civic Center Modification Design & Construction Project
(CIP No. GI4099); adopt the Resolution Approving an Amendment to the Consulting
Services Agreement with Swatt I Miers Architects for Design Services for the Civic Center
Modification Design & Construction Project; and adopt the Resolution Authorizing the City
Manager to Purchase Furniture for the Civic Center Modification Design & Construction
Project.
December 6, 2016 Dublin City Council Agenda Page 4 of 5
5. WRITTEN COMMUNICATION
5.1. Downtown Development Pool Implementation
The City Council will consider options related to the implementation of the City's Downtown
Development Pool. This item is being brought back to the City Council at their request.
STAFF RECOMMENDATION:
Consider the options presented and provide direction to Staff.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS
7.1. Approval of Appointments the Fiscal Sustainability Task Force
The City Council will consider appointments, recommended by Staff, to the Fiscal
Sustainability Task Force. The purpose of the Task Force to educate the public on city
finance and the City of Dublin’s current and projected financial status and produce an
advisory document with options for the City Council to consider in future budget cycles.
Because the City received a significant response, Staff is recommending the appointment of
the seven members and four alternates.
STAFF RECOMMENDATION:
Appoint seven members and four alternates to the Fiscal Sustainability Task Force, as
recommended by Staff.
8. NEW BUSINESS
8.1. Certification of November 8, 2016 Election Results
The City has received and will certify the November 8, 2016 election results for the Office of
Mayor and two City Councilmembers from the Alameda County Registrar of Voters.
STAFF RECOMMENDATION:
Adopt the Resolution Reciting the Facts of the General Municipal Election held on
November 8, 2016, Declaring the Results Thereof, and Such Other Matters as are provided
by Law.
8.2. Presentation of Plaque to Outgoing Councilmembers Kevin Hart and Doreen
Wehrenberg
The City will present plaques to outgoing Councilmembers Kevin Hart and Doreen
Wehrenberg in appreciation of their dedicated service to the City.
STAFF RECOMMENDATION:
Present the plaques and receive comments from outgoing Councilmembers Hart and
Wehrenberg.
8.3. Administration of Oath of Office to Newly Elected Mayor and City Councilmembers
The Oath of Office will be administered to the re-elected Mayor and newly elected City
Councilmembers.
STAFF RECOMMENDATION:
Administer the Oath of Office to the re-elected Mayor and newly elected City
Councilmembers.
8.4. Selection of Vice Mayor
The City Council’s policy is to select, in December of each year, a member of the City
Council to serve as Vice Mayor for a period of one year. In the absence of the Mayor, the
Vice Mayor would become Mayor Pro Tempore and would assume the temporary
responsibilities of the Mayor.
STAFF RECOMMENDATION:
Determine who shall serve as Vice Mayor for a one-year period.
December 6, 2016 Dublin City Council Agenda Page 5 of 5
9. OTHER BUSINESS
Brief INFORMATION ONLY reports from Council and/or Staff, including Committee
Reports and Reports by 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 implementation thereof. To make
a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-
6650 at least 72 hours in advance of the meeting.
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 surroundings 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: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of Bethany Zummo
Prepared by: Taryn Gavagan Bozzo, Executive Aide
EXECUTIVE SUMMARY:
The City Council will recognize Bethany Zummo, Rio 2016 Paralympic Games Gold
Medalist.
STAFF RECOMMENDATION:
Present the certificate of recognition.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will recognize Bethany Zummo for her recent gold medal win at the Rio
2016 Paralympic Games, as part of the United Stated Women's Sitting Volleyball team.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None
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None
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Donation of Equipment and Software for an Electronic Plan Check Pilot
Program
Prepared by: Tim Eisler, Information Systems Manager
EXECUTIVE SUMMARY:
The City Council will consider accepting a donation of computer monitors, software, and
software licenses from Brookfield Residential, to be used by City Staff to in a pilot
program to perform plan checks electronically for The Boulevard (Dublin Crossing)
project.
STAFF RECOMMENDATION:
Formally accept the donation and recognize Brookfield Residential, and provide
direction to Staff on the Electronic Plan Check Pilot Program.
FINANCIAL IMPACT:
The total value of the donation of monitors and software licenses for electronic plan
review is estimated at $24,000. Should the pilot program prove successful, Staff would
work on creating protocols for offering a permanent electronic plan submission options,
which would include a fee structure for future applications, to cover the ongoing cost of
software licenses, maintenance, and equipment replacement.
DESCRIPTION:
Under the City’s current practice, development applicants submit numerous sets of
paper plans that City departments (Public Works and Community Development) review
and mark up during the plan check process. Large scale projects can generate a great
number of paper plan sets, which are typically transferred between Staff and applicants
with hand-written notes as necessary.
As the City continues to look for efficiencies in operations, and is always interested in
methods of reducing waste, Staff would like to evaluate the feasibility of offering an
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electronic plan review process, whereby applicants submit electronic files (Portable
Document Format, or pdf files) to the City instead of paper.
Brookfield Residential, the developer of The Boulevard project (Dublin Crossing), has
offered to make an initial donation of equipment and software that would enable the City
to perform electronic plan review. Staff proposes to initially use this donation as a pilot
program only for the plan review process related to The Boulevard project, during which
time Staff would evaluate the utility of offering this option to future applicants.
The proposed donation from Brookfield Residential includes:
- 30 30-inch computer monitors to be used in 15 work stations (two monitors per
station), estimated at $400 per monitor, for a total value of $12,000 .
- Plan review software and two years’ of related software licenses for 15 users,
estimated at $400 per user for a total value of $12,000.
If the pilot program is successful, Staff would work on a formal procedure for accepting
electronic plans from any applicant. Staff would also explore an ongoing fee structure
related to electronic plan submission, in order to cover future ongoing software licenses,
maintenance, and equipment replacement costs.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Minutes of the November 15, 2016 Regular City Council Meeting
Prepared by: Walfred Solorzano, Deputy City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the November 15, 2016
Regular City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the November 15, 2016 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the November 15, 2016
Regular City Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Draft Minutes of the November 15, 2016 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – NOVEMBER 15, 2016
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
NOVEMBER 15, 2016
A Regular Meeting of the Dublin City Council was held on Tuesday, November 15,
2016, in the City Council Chamber. The meeting was called to order at 6:30 PM., by
Mayor Pro Tempore Gupta.
Closed Session
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Space on city-owned light pole on the west side of 6900 block of
Regional Street
Agency Negotiator: Chris Foss, City Manager
Negotiating parties: Mobilite, LLC
Under negotiation: Price and terms of payment
1. Call to Order and Pledge of Allegiance
Attendee Name Title Status
David Haubert Mayor Absent
Abe Gupta Vice Mayor Present
Kevin Hart Councilmember Present
Don Biddle Councilmember Present
Doreen Wehrenberg Councilmember Present
2. Report on Closed Session
There was no reportable action.
3. Oral Communications
3.1. Recognition of 2016 Inside Dublin Participants
The City Council recognized the participants.
3.2. Community Spotlight: Certificate of Recognition for CityServe of the Tri-Valley
The City Council presented the certificate of recognition.
3.3. Valley Children's Museum Project Presentation
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
NOVEMBER 15, 2016
Mayor Pro Tem Gupta moved this item to after Item 8.1.
Dawn Benson, Valley Children's Museum Board Member, provided comment on
this item.
Patrick Constanza Jr., Valley Children's Museum Vice President, provided
comment on this item.
The item was recessed to discuss Item 8.2.
Marian Thatch, Valley Children's Museum Board Member, provided public
comment on this item.
John Thatch provided public comment on this item.
Georgean Vonheeder-Leopold, Dublin resident, provided public comment on this
item.
Donna Kerger, Board of Director Valley Children's Museum Board Member,
provided public comment on this item.
By consensus, the City Council received the report and directed Staff to work
with Valley Children's Museum to come up with a Memorandum of
Understanding between the City and the Valley Children’s Museum.
3.4. Employee Introductions: Laurie Sucgang
The City Council welcomed the new City of Dublin Staff member.
3.5. Public Comment
Ramoncito Firmeza, Dublin resident, provided public comment.
Susie Criscimagna, Eden Housing Project Developer, provided public comment.
Georgean Vonheeder-Leopold, City Historian, provided public comment.
4. Consent Calendar
Councilmember Wehrenberg pulled Item 4.11 for further discussion.
Mayor Pro Tem Gupta pulled Item 4.14 for further discussion.
Councilmember Hart pulled Item 4.15 for further discussion.
Councilmember Hart commented on Item 4.6.
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
NOVEMBER 15, 2016
Councilmember Wehrenberg commented on Item 4.11.
4.1. Approved the minutes of the November 1, 2016 Regular City Council meeting.
4.2. Waived the reading and adopted the Ordinance Amending Dublin Municipal Code
Section 2.08.020 and Providing for an Increase in the Salary for Members of the
City Council.
4.3. Received the Payment Issuance Report and Electronic Fund Transfers.
4.4. Received the City Treasurer’s Informational Report of Investments for the Quarter
Ending September 20, 2016
4.5. Waived the reading and adopted
ORDINANCE NO. 11- 16
APPROVING A REZONING FROM THE M ZONING DISTRICT TO THE M-P ZONING
DISTRICT FOR THE SIERRA BUSINESS CENTER
4.6. Authorized Staff to advertise the Public Safety Complex - Police Services Building,
CIP Project No. GI0116 for bids, including a bid alternate for Zero Net Energy,
Photovoltaic Power Generation.
4.7. Authorized the procurement as an exception to the requirement for competitive
bidding; and adopt the Resolution approving agreement with MCE Corporation,
Inc. for maintenance services.
4.8. Adopted
RESOLUTION NO. 163 - 16
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DUBLIN AND PARKS RESERVE FORCES TRAINING AREA REGARDING
JOINT OPERATIONS OF A HISTORY CENTER
4.9 Adopted
RESOLUTION NO. 164 – 16
SUPPORTING A RAIL CONNECTION BETWEEN THE BAY AREA RAPID
TRANSIT AND ALTAMONT CORRIDOR EXPRESS RAIL SYSTEMS IN THE
TRI-VALLEY
4.10 Authorized the expenditure for an annual partnership with the Dublin Chamber of
Commerce.
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
NOVEMBER 15, 2016
4.12. Waived the reading and INTRODUCED an Ordinance Amending Chapter 2.24 of
the Dublin Municipal Code, regarding the City's Conflict of Interest Code.
4.13. Approved the addition of the IT Infrastructure Improvements Project (CIP No.
GI0117) to the Five-Year Capital Improvement Program; and approved the budget
change.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Councilmember
SECONDER: Abe Gupta, Vice Mayor
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
4.11 On motion of Cm. Gupta, seconded by Cm. Hart and by unanimous vote, the City
Council received the report.
4.14 Marlene Massetti, Dublin resident, provided public comment on this item.
Jean Josey, Dublin resident, provided public comment on this item.
Ramoncito Firmeza, Dublin resident, provided public comment on this item.
Marie Marshall, Dublin resident, provided public comment on this item.
Mohammad Javanbakht, applicant with Avesta Development Group LLC., provided
public comment and responded to questions posed by the City Council.
On motion of Cm. Biddle, seconded by Cm. Wehrenberg and by majority vote (Cm.
Hart voting no, Mayor Haubert absent), the City Council adopted:
RESOLUTION NO. 165 – 16
APPROVING A COMMUNITY BENEFIT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND AVESTA DEVELOPMENT GROUP
4.15 On motion of Cm. Gupta, seconded by Cm. Biddle and by majority vote (Cm. Hart
voting no, Mayor Haubert absent) the City Council adopted:
RESOLUTION NO. 166 – 16
SUMMARILY VACATING AN UNUSED 10-FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED AT 7601 AMADOR VALLEY BOULEVARD
5. Written Communication - None.
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DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
NOVEMBER 15, 2016
6. Public Hearing
6.1. Updates to the City’s Construction and Fire Codes in Accordance with
Requirements of State Law
Mayor Pro Tem Gupta opened the public hearing.
No comments were made on this item.
Mayor Pro Tem Gupta closed the public hearing.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Doreen Wehrenberg, Councilmember
SECONDER: Don Biddle, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
RESOLUTION NO. 167 – 16
APPROVING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE AS
ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, TO BE ADOPTED BY REFERENCE IN THE DUBLIN
MUNICIPAL CODE
ORDINANCE NO. 12 – 16
REPEALING CHAPTERS 5.08 (FIRE CODE), 7.32 (BUILDING CODE), 7.34
(RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE),
CHAPTER 7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE)
OF THE DUBLIN MUNICIPAL CODE; ADDING CHAPTERS 5.08 (FIRE CODE),
7.32 (BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL
CODE), 7.40 (PLUMBING CODE), CHAPTER
7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE) OF THE
DUBLIN MUNICIPAL CODE; AND AMENDING CHAPTER 7.28 (BUILDING
REGULATION ADMINISTRATION) OF THE DUBLIN MUNICIPAL CODE IN
ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE
2016 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE
24, CALIFORNIA CODE OF REGULATIONS
4.1.a
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DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
NOVEMBER 15, 2016
7. Unfinished Business
7.1. Consideration of Community Choice Aggregation for the City of Dublin and
Authorization to Form the East Bay Community Energy Authority, a Joint
Powers Authority, and City of Dublin Membership in the Authority
Bruce Jensen, Alameda County CDA, provided public comment on this item and
responded to questions posed by the City Council.
Eloise Hamann, Dublin resident, provided public comment on this item.
Georgean Vonheeder-Leopold, Dublin resident, provided public comment on this
item.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Vice Mayor
SECONDER: Doreen Wehrenberg, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
RESOLUTION NO. 168 – 16
AP PROVING AN AGREEMENT TO PARTICIPATE IN A JOINT POWERS AGENCY
FOR COMMUNITY CHOICE AGGREGATION PROGRAM IN ALAMEDA COUNTY
ORDINANCE NO. 13 – 16
AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM
8. New Business
8.1. Consideration of Appointments to 2016 Citizens/Organization of the Year
Ad -Hoc Committee
Appointed Vice Mayor Gupta and Councilmember Biddle to the 2016
Citizens/Organization of the Year Ad-Hoc Committee.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Doreen Wehrenberg, Councilmember
SECONDER: Kevin Hart, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
4.1.a
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DUBLIN CITY COUNCIL MINUTES 7
REGULAR MEETING
NOVEMBER 15, 2016
8.2. Dublin Crossing Community Park Master Plan
Chris Hardy, SWA Group, provided comment.
Steve Minnear, Dublin resident, provided public comment on this item.
Approved the Dublin Crossing Community Park Master Plan.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Councilmember
SECONDER: Kevin Hart, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
8.3. City Operations of the Dublin Swim Center
Authorized the ceasing of City operations at the Dublin Swim Center at Dublin
High School, effective December 31, 2016 and direct Staff to amend the
Agreement with Dublin Unified School District.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Doreen Wehrenberg, Councilmember
SECONDER: Kevin Hart, Councilmember
AYES: Gupta, Hart, Biddle, Wehrenberg
ABSENT: Haubert
9. Other Business
Brief information only reports were provided by the City Council and/or Staff, including
Committee Reports and Reports by City Council related to meetings attended at City
expense (AB1234)..
10. Adjournment
The meeting was adjourned at 10:35 p.m. in honor of Staff Sgt. Sean Diamond, and all
of our fallen troops.
Mayor Pro Tempore
ATTEST:
___________________________
City Clerk
4.1.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Adoption of Uncodified Ordinance Authorizing the Implementation of a
Community Choice Aggregation Program (Second Reading)
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City Council will consider adopting an Uncodified Ordinance authorizing the
implementation of a Community Choice Aggregation Program in Dublin. The first
reading of this Uncodified Ordinance was held at the November 15, 2016 Regular City
Council Meeting.
STAFF RECOMMENDATION:
Waive the reading and adopt the Uncodified Ordinance Authorizing the Implementation
of a Community Choice Aggregation Program.
FINANCIAL IMPACT:
Member cities assume no obligations for the debts and liabilities of the Joint Powers
Authority, unless such liability is expressly assumed by its governing body. There is no
impact to the General Fund.
DESCRIPTION:
Authorized by California law in 2002, Community Choice Aggregation (CCA) enables
cities and county governments to pool the electricity demand within their jurisdictions in
order to procure or generate electrical power supplies on behalf of the residents and
businesses in their communities. CCAs work in partnership with the region’s existing
utility (in the case of Alameda County, Pacific Gas & Electric Company, or “PG&E”).
Under the partnership, the CCA procures and/or generates electricity on behalf of its
customers, while PG&E continues to deliver power to homes and businesses, handles
customer billing, and maintains the grid.
On October 4, 2016, the Alameda County Board of Supervisors approved a Joint
Powers Agreement for the East Bay Community Energy Authority, which will, upon
4.2
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Page 2 of 2
approval of at least three initial participating jurisdictions, establish a CCA for Alameda
County. The City Council, at their November 15, 2016 meeting, adopted a Resolution
approving an agreement to participate in the Joint Powers Agency for Community
Choice Aggregation Program in Alameda County and introduced an Uncodified
Ordinance authorizing the implementation of a Community Choice Aggregation
Program. Please refer to the City Council Staff Report dated November 15, 2016 for a
complete discussion of the program (Attachment 1).
Staff recommends that the City Council waive the second reading and adopt the
Uncodified Ordinance authorizing the implementation of a Community Choice
Aggregation Program. The Uncodified Ordinance is included as Attachment 2 of this
report.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
1. November 15, 2016 City Council Staff Report
2. Uncodified Ordinance Authorizing the Implementation of a Community Choice
Aggregation Program
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Page 1 of 5
STAFF REPORT
CITY COUNCIL
DATE: November 15, 2016
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, CityManager
SUBJECT: Consideration of Community Choice Aggregation for theCityof Dublin and
Authorization to FormtheEastBayCommunityEnergyAuthority, a Joint
PowersAuthority, andCity of Dublin Membership in theAuthority.
Prepared by: Shannan Young, EnvironmentalCoordinator
EXECUTIVE SUMMARY:
At theNovember 1, 2016meeting, theCityCouncilreceived a report from Alameda
Countystaff and consultants onthe technical findings for the Community Choice
Aggregation (CCA) Programand received an update onthe statusof the East Bay
CommunityEnergy AuthorityJoint Powers Agreement. CCAwould provide an
alternative to PG&E suppliedelectricpowerwithinCity of Dublin, as well asthe other
citiesin AlamedaCounty. TheCityCouncil will considerjoiningtheCCA, approvingof
the East Bay Community Choice Energy Joint Powers Agreement (“JPA”) and
introducing the relatedOrdinance.
STAFF RECOMMENDATION:
ApprovetheEastBayCommunityEnergyAuthority Joint Powers Agreement inorder to
participate in a CCAJPA for East Bay municipalities, adopt the Resolution Approving
anAgreementtoParticipate In a Joint PowersAgency for Community Choice
AggregationProgram in AlamedaCounty, and INTRODUCE an UncodifiedOrdinance
Authorizing the Implementation of a CommunityChoice Aggregation Program.
FINANCIALIMPACT:
There isno impacttothe General Fund. However, if the City were to laterwithdraw
fromthe JPA, the Citypotentially incur liability in unknownamounts.
DESCRIPTION:
Background
CommunityChoice Aggregation (“CCA”) enablescities and county governments to pool
theelectricitydemand within their jurisdictions in ordertoprocure or generateelectrical
powersupplies on behalf of the residents and businesses in their communities. Primary
4.2.a
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reasons for pursuing a CCAprogram include: 1) the abilityto achieve ClimateAction
Plangoalsthroughsignificant reductions in greenhouse gas emissions, 2) offering
customers an energy choiceand competitive electricalrates, and 3) local economic
developmentbenefitsincluding jobs creationassociatedwith the development of local
power andnew energyprograms in theregion.
The CCA procuresand/or generateselectricity on behalf of its customers while PG&E
continues to deliver powertohomesand businesses, handles customer billing, and
maintains thegrid. CCAs can enhance consumer choice by givingcustomers the right
to opt out. Customers may switchback to PG&E at any time, therefore theycan
choosebetweenelectricity providers and gain the ability to compare rates andenergy
sources.
In June2014, theAlamedaCountyBoard of Supervisors voted unanimously to allocate
1.3 million to explorethecreationof a CCA program, andformulated a Joint Powers
Agreement (“JPA”) forthe EastBayCommunityEnergyAuthority (“Authority”). On
October 4, 2016, theAlamedaCountyBoard of Supervisorsapproved the JPA, which
will, upon approval of at least threeinitial participating jurisdictions, establishthe
Authority. The JPAdocument is included in Attachment1.
At theNovember 1, 2016 City Councilmeeting, Supervisor Scott Haggerty alongwith
AlamedaCountystaff and consultantspresented to CityCouncilfindingsfromafinal
TechnicalFeasibility Study on theproposed CCAprogram. City Councilthendirected
Staff to prepare an ordinance and resolution for adoption of theJPA for CityCouncil
consideration.
Operation of the Joint PowersAuthority
The proposed Authoritywould be governed by a Board of Directors, comprisingone
elected representative from eachcityand countyparticipating in theprogram. Final
decisionsregardingthespecificlevelof renewable energy to be procured, prioritization
of local renewable energy and job development, andothergovernanceissueswill be
determined bythe Board of Directors, as specified in theJPA. Once the CCAProgram
is implemented, theAuthoritywillenter into agreements with electricpowersuppliers
andotherserviceprovidersand, baseduponthoseagreements, work to provide
electricalpower to residents andbusinesses at competitive rates.
TheAuthority will have the power to enterinto long term power purchaseagreements,
acquire property, build energy-generating facilities, and issue revenue bonds. The Joint
Powers Agreement provides that all AuthorityBoardvotesareinitially one -jurisdiction-
one-vote, but following an affirmative vote anythreerepresentatives may requesta
votingsharesvote” in whichcase a secondvote is taken weighted based on each
member's energyusage. Both must passfor a particularmotion to pass. (JPA, §
4.12.2.) During the first two years, the votingsharesarebased on total energyusage
within the jurisdiction, and theyareadjustedtoreflect CCA customerannualusage
thereafter.
4.2.a
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A proposed agreementtitled “EastBayCommunityEnergyAuthority - Joint Powers
Agreement” was prepared bythe OfficeoftheCountyCounsel and has been
extensivelyreviewed by cityattorneys in AlamedaCounty. Thedraft is based on similar
JPAAgreements for CCA programs in the BayArea, and it createsalegalandfinancial
separation oftheassets and liabilities of the JPA and its memberagencies.
TheDraft JPA Agreement includes a complete set ofoperatingprinciples for the
participatingmembers and the roles/responsibilitiesof each member. The following is a
summaryofthe key provisions in the Agreement:
a. Separate Legal Entity. TheJPA Agreementestablishes theEastBay
CommunityEnergyAuthority as a separate legal entity; theCounty and the
membercitiesassume no obligations (except in narrow circumstances
provided forinthe JPA Agreement) for thedebts and liabilities of the
Authority.
b. Board of Directors. The Board ofDirectors of the Authority shall be made up
of a representative fromeachmemberagency and an alternate directorfrom
eachmemberagency, bothofwhom must be membersof the Board of
Supervisors or respective city councils.
c. Community Advisory Committee. The JPA shall establish a community
advisory committee consisting of nine members to advise the JPA Board on
mattersrelating to the operation ofthe Authority. The chairperson of the
advisory committeeshall be a non-voting memberoftheBoard of Directors,
and the vice-chairperson of the advisory committeeshall be a non-voting
alternate on theBoardofDirectors.
d. Withdrawal. The JPA agreementprovides a processformemberentitiesto
withdraw and provides that, inthe event of a complete withdrawal of both
municipaland all constituentaccounts, the memberagencieswillreimburse
the JPA for any stranded costs incurred as a result of serving thewithdrawing
agency andall of its community’s customers.
Potential Liabilities for the City
Akeyconcern for theCity could be whether its GeneralFundcouldbecome responsible
for the Authority’s liabilities. The JPA eliminates this general concern by insulatingfrom
liability each memberparty, unless such liability is expresslyassumed by aParty’s
governing body (i.e., CityCouncil).
The Parties may be asked to expresslyassumetheAuthority’s debts or liabilities.
Such a requestmayoccur if the CCA issues debt for construction of generatingfacilities
or for favorablepricing in a long-termpowerpurchaseagreement. TheAuthority may
request that the Parties providesomeformof credit support, either in the form of a
guarantee or otherwise. This is becausetheAuthority onlyhas customer revenues to
pledge; it has no assets, nor (at the outset) anycredit. It may find that it canobtain
betterinterest rates when borrowing ifit requestsParties to lend their credit, or it may
4.2.a
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find that counter partiestopowerpurchaseagreements request creditenhancements
fromthememberagencies. While theCitywould not beobligatedby the JPA toprovide
such credit enhancement or guarantees or to accept any liability, theremay be a benefit
to the Authority if electricratescouldbelowered by member guarantees.
Withdrawal fromthe JPA
In the event theCitydecides to withdraw fromtheJPA, it could face liabilities, despite
the absence ofa writtenassumption of responsibility. Section 7.2 of the JPAprovides
that a withdrawing Partyremains liable for those matters incurred prior to its withdrawal
andthat the Authority “…may require the Party to deposit sufficientfunds with the
Authority as reasonablydetermined bythe Authority, tocover the Party’s liability for the
costsdescribedabove.” The withdrawing Partywillremain responsible for “paying its
fairshareof costs incurred bythe Authority resultingfrom the Party’s withdrawal,
including costsfrom the resaleofpower contracts bythe Authority to serve the Party’s
load andany similar costs directly attributable to the Party’s withdrawal.” However,
suchcostswould be “limited to thosecontractsexecutedwhile the withdrawing Party
was a member, and administrative costsassociated thereto.” Furthermore, those costs
would “notconstitute a debtof the withdrawing Party, accruing interest, or having a
maturity date.” (JPA, § 7.2.)
Benefits of JoiningNow
Although the City could opt to join the CCAat a laterdate, therearesomefinancial
benefitstoadoptingtheordinance bythe December 31, 2016deadlineandjoining as
anInitialParticipant. Parties seeking to join after this deadline may berequiredtomake
additionalmembershippayments.
Furthermore, the CCA is overseeingandcoveringcosts for community outreach,
marketing and customer notification. IftheCitywere to opt to join in at a laterdate, the
City may be requestedtocoverthecosts for and overseeing its owncommunity
outreachactivities.
Timeline
TheCounty and cities thatelect toparticipate inthe East Bay CommunityEnergy
Authority must dosoby approvingtheexecution of the Joint Powers Agreement and
adopting an ordinance electing to implement a CCA program. Citieselecting to join the
CCA must dosoby adoptingtheordinancebyDecember31, 2016. TheCounty is
expectedtoconduct its secondreadingandtake finalsteps to formalize the JPA
following consideration by the cities, in eitherDecember2016 or January 2017. Ifthe
Authority is formed, theplan is to provideelectricity to the first phaseof customers by
fall 2017.
NOTICINGREQUIREMENTS/PUBLIC OUTREACH:
Nonerequired.
4.2.a
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ATTACHMENTS:
1. EastBay Community EnergyJointPowers Authority Agreement
2. Resolution Approving anAgreement to Participate In aJoint Powers Agencyfor
Community Choice Aggregation Program in AlamedaCounty
3. An Uncodified Ordinance Authorizing the Implementation of a CommunityChoice
AggregationProgram
4.2.a
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October 4, 2016 County Approval Agreement
East Bay Community Energy Authority
Joint Powers Agreement –
Effective _____________
Among The Following Parties:
4.2.a
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October 4, 2016
County Approval
Agreement
1-
EAST BAY COMMUNITY ENERGY AUTHORITY
JOINT POWERS AGREEMENT
This Joint Powers Agreement (“Agreement”), effective as of _________, is made and
entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section6500
et seq.) of the California Government Code relating to the joint exercise of powersamongthe
parties set forth in Exhibit A (“Parties”). The term “Parties” shall also include an incorporated
municipality or county added to this Agreement in accordance with Section 3.1.
RECITALS
1. The Parties are either incorporated municipalities or countiessharing various powers
under California law, including butnot limited to the power to purchase, supply, and
aggregate electricity for themselves and their inhabitants.
2. In 2006, the State Legislature adopted AB 32, the GlobalWarming Solutions Act, which
mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California
Air Resources Board is promulgating regulations to implement AB 32 which will require
local government to develop programs to reduce greenhouse gas emissions.
3. The purposes for the Initial Participants (as such term is defined in Section 1.1.16 below)
entering into this Agreement include securing electrical energy supply for customers in
participating jurisdictions, addressing climate change by reducing energy related
greenhouse gas emissions, promoting electrical rate price stability, and fostering local
economic benefits such as jobs creation, community energy programs and local power
development. It is the intent of this Agreement to promote the development and use of a
wide range of renewableenergy sources and energy efficiency programs, including but
not limited to State, regional and local solar and wind energy production.
4. The Partiesdesire to establish a separate public agency, known as the East Bay
Community Energy Authority (“Authority”), under the provisions of the Joint Exercise of
Powers Act of the State of California (Government Code Section6500 et seq.) (“Act”) in
order to collectively study, promote, develop, conduct, operate, and manage energy
programs.
5. The Initial Participants have each adopted an ordinance electing to implement through the
Authority a Community Choice Aggregation program pursuant to California Public
Utilities Code Section366.2 (“CCA Program”). The first priority of the Authority will be
the consideration of those actions necessary to implement the CCA Program.
6. By establishing the Authority, the Parties seek to:
a) Provide electricity rates that are lower or competitive with those offered by PG&E for
similar products;
4.2.a
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b) Offer differentiated energy options (e.g. 33% or 50% qualified renewable) for default
service, and a 100% renewable content option in which customers may “opt-up” and
voluntarily participate;
c) Develop an electricsupply portfolio with a lower greenhouse gas (GHG) intensity
thanPG&E, andone that supports the achievement of the parties’ greenhouse gas
reduction goalsand thecomparable goals of all participatingjurisdictions;
d) Establish an energy portfolio that prioritizes the use and development of local
renewable resources and minimizes the use of unbundled renewable energycredits;
e) Promote an energy portfolio that incorporates energy efficiency and demand response
programs and has aggressivereduced consumption goals;
f) Demonstrate quantifiable economicbenefits to the region (e.g. union and prevailing
wage jobs, local workforce development, new energy programs, andincreased local
energyinvestments);
g) Recognizethe value of workers in existing jobsthat support the energy infrastructure
of Alameda County and Northern California. The Authority, as a leader in the shift to
a clean energy, commits to ensuring it will take steps to minimize any adverse
impacts to these workers to ensurea “just transition” to the new clean energy
economy;
h) Deliver clean energy programs and projects using a stable, skilled workforce through
such mechanisms as projectlabor agreements, or other workforce programs that are
cost effective, designed to avoid work stoppages, and ensure quality;
i) Promote personaland community ownership of renewable resources, spurring
equitable economic development andincreased resilience, especially inlow income
communities;
j) Provide and manage lower cost energy supplies in a manner that provides cost
savings to low-income households and promotes public health in areas impacted by
energy production; and
k) Create an administering agency that is financially sustainable, responsive to regional
priorities, well managed, and a leader in fair and equitable treatment of employees
through adoptingappropriate best practices employment policies, including, butnot
limited to, promoting efficient consideration of petitions to unionize, and providing
appropriate wages and benefits.
4.2.a
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Parties as follows:
ARTICLE 1
CONTRACT DOCUMENTS
1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings
specified below, unless the context requires otherwise.
1.1.1 “AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at
Public Utilities Code Section 366.2), which created CCA.
1.1.2 “Act” means the Joint Exercise of Powers Act of the State of California
Government Code Section6500 et seq.)
1.1.3 “Agreement” means this Joint Powers Agreement.
1.1.4 “Annual Energy Use” has the meaning given in Section 1.1.23.
1.1.5 “Authority” means the East BayCommunity Energy Authority established
pursuant to this Joint Powers Agreement.
1.1.6 “Authority Document(s)” means document(s) duly adopted by the Board
by resolution or motion implementing the powers, functions and activities
of the Authority, including butnot limited to the Operating Rules and
Regulations, the annualbudget, and plans and policies.
1.1.7 “Board” means the Board of Directors of the Authority.
1.1.8 “Community Choice Aggregation” or “CCA” means an electric service
option available tocities and counties pursuant to Public Utilities Code
Section 366.2.
1.1.9 “CCA Program” means the Authority’s program relating to CCA that is
principally described in Sections 2.4 and 5.1.
1.1.10 “Days” shall mean calendar days unless otherwisespecified by this
Agreement.
1.1.11 “Director” means a member of the Board of Directors representing a
Party, including an alternate Director.
1.1.12 “Effective Date” means the date on which this Agreement shall become
effective and the East BayCommunity Energy Authority shallexist as a
separate public agency, as further described in Section 2.1.
4.2.a
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1.1.13 “Ex Officio Board Member” means a non-voting member of the Board of
Directors as described in Section 4.2.2. The Ex Officio Board Member
maynot serve on the ExecutiveCommittee of the Board or participate in
closed session meetings of the Board.
1.1.14 “Implementation Plan” means the plangenerally described in Section
5.1.2 of this Agreement that is required under Public Utilities Code
Section 366.2 to be filed with the California Public Utilities Commission
for the purpose of describing a proposed CCA Program.
1.1.15 “Initial Costs” means all costs incurred by the Authority relating to the
establishment and initial operation of the Authority, such as the hiring of a
Chief Executive Officer and any administrative staff, anyrequired
accounting, administrative, technical and legal services in support of the
Authority’s initial formationactivities or in support of the negotiation,
preparation and approval of power purchaseagreements. The Boardshall
determine the termination date for Initial Costs.
1.1.16 “Initial Participants” means, for the purpose of this Agreement the County
of Alameda, the Cities of Albany, Berkeley, Emeryville, Oakland,
Piedmont, San Leandro, Hayward, Union City, Newark, Fremont, Dublin,
Pleasanton and Livermore.
1.1.17 “Operating Rules and Regulations” means the rules, regulations, policies,
bylaws andprocedures governing the operation of the Authority.
1.1.18 “Parties” means, collectively, the signatories to this Agreementthat have
satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a
member of the Authority.
1.1.19 “Party” means, singularly, a signatory to this Agreementthat has satisfied
the conditions in Sections 2.2 or 3.1 such that it is considered a member of
the Authority.
1.1.20 “Percentage Vote” means a vote taken by the Board pursuant to Section
4.12.1 that is based on each Party having one equal vote.
1.1.21 “TotalAnnual Energy” has the meaning given in Section 1.1.23.
1.1.22 “Voting Shares Vote” meansa vote taken by the Board pursuant to
Section 4.12.2 that is based on the voting shares of each Party described in
Section 1.1.23 and set forth in Exhibit C to this Agreement. A Voting
Shares vote cannottakeplace on a matter unless the matter first receives
an affirmativeor tie Percentage Vote in the manner required by Section
4.12.1 andthree or more Directors immediately thereafter requestsuch
vote.
4.2.a
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1.1.23 “Voting Shares Formula” means the weight applied to a Voting Shares
Vote and is determined by the following formula:
Annual Energy Use/Total Annual Energy) multiplied by 100, where (a)
Annual Energy Use” means (i) with respect to the first two years
following the Effective Date, the annual electricity usage, expressed in
kilowatt hours (“kWh”), within the Party’s respective jurisdiction and (ii)
with respect to the period after the second anniversary of the Effective
Date, theannual electricity usage, expressed in kWh, of accounts within a
Party’s respective jurisdiction that are served by the Authority and (b)
TotalAnnual Energy” means the sum of all Parties’ Annual Energy Use.
The initial values for Annual Energy useare designated in Exhibit B and
the initial voting shares are designated in Exhibit C. Both Exhibits B and
C shall be adjusted annually as soon as reasonably practicable after
January 1, but no later than March 1 of each year subject to the approval
of the Board.
1.2 Documents Included. This Agreement consists of this document and the
following exhibits, all of which are hereby incorporated into this Agreement.
Exhibit A: List of the Parties
Exhibit B: Annual Energy Use
Exhibit C: Voting Shares
1.3 Revision of Exhibits. The Parties agree that Exhibits A, B and C to this
Agreement describe certain administrative matters that may be revised upon the approval of the
Board, without such revision constituting an amendment to this Agreement, as described in
Section 8.4. The Authority shall provide written notice to the Parties of the revision of any such
exhibit.
ARTICLE 2
FORMATION OFEAST BAY COMMUNITY ENERGY AUTHORITY
2.1 Effective Date and Term. This Agreement shall become effective andEast Bay
Community Energy Authority shallexist as a separate public agency on December 1, 2016,
provided that this Agreement is executed on or prior to such date by at least three Initial
Participants after the adoption of theordinances required by Public Utilities Code Section
366.2(c)(12). The Authority shall provide notice to the Parties of the Effective Date. The
Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is
terminated in accordance with Section 7.3, subject to the rights of theParties towithdraw from
the Authority.
4.2.a
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2.2 Initial Participants. Until December 31, 2016, all other Initial Participants may
become a Party by executing this Agreement and delivering an executed copy of this Agreement
and a copy of the adopted ordinancerequired by Public Utilities Code Section 366.2(c)(12) to the
Authority. Additional conditions, described in Section 3.1, may apply (i) to either an
incorporated municipalityor countydesiring to become a Party that is not an Initial Participant
and (ii) to Initial Participants that have not executed and delivered this Agreement within the
time period describedabove.
2.3 Formation. There is formed as of the Effective Date a public agencynamed the
East BayCommunity Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the
Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the
Authority shall not bedebts, liabilities or obligations of the individual Parties unless the
governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations
of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation
shallnot be responsible in any way for such debt, liability or obligation even if a majority of the
Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding
Section 8.4 of this Agreement, this Section 2.3 may not be amendedunless such amendment is
approved by the governing boards of all Parties.
2.4 Purpose. The purpose of this Agreement is to establish an independent public
agency in order to exercise powers common to each Party and anyother powers granted to the
Authority under state law to participate as a group in the CCA Programpursuant to Public
Utilities Code Section366.2(c)(12); to study, promote, develop, conduct, operate, and manage
energy and energy-related climate change programs; and, to exercise all other powers necessary
and incidentalto accomplishing this purpose.
2.5Powers. The Authority shall have all powers common to the Partiesandsuch
additional powers accorded to it bylaw. The Authority is authorized, in itsown name, to
exercise all powers and do all acts necessary and proper to carry out the provisions of this
Agreement and fulfill its purposes, including, butnot limited to, each of the following:
2.5.1to make and enter into contracts, including those relating to the purchase
or sale of electrical energy or attributes thereof;
2.5.2to employ agents andemployees, including butnot limited to a Chief
Executive Officer and GeneralCounsel;
2.5.3to acquire, contract, manage, maintain, andoperate any buildings, works
or improvements, including electric generating facilities;
2.5.4to acquire property by eminent domain, or otherwise, except as limited
under Section6508 of the Act, and to hold or dispose of any property;
2.5.5to lease any property;
2.5.6to sue and besued in its own name;
4.2.a
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2.5.7to incur debts, liabilities, and obligations, including butnot limited to
loans from private lending sources pursuant toits temporary borrowing
powers such as Government Code Section53850 et seq. and authority
underthe Act;
2.5.8to form subsidiary or independent corporations or entities, if appropriate,
to carry out energy supply and energyconservation programs at the lowest
possible cost consistent with the Authority’s CCA Program
implementationplan, risk management policies, or to take advantage of
legislative or regulatory changes;
2.5.9to issue revenuebondsand other forms of indebtedness;
2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or other
assistance from any federal, state or local public agency;
2.5.11 tosubmit documentation and notices, register, and comply with orders,
tariffs and agreements for theestablishment and implementation of the
CCA Program and other energy programs;
2.5.12 to adopt rules, regulations, policies, bylaws andprocedures governing the
operation of the Authority (“Operating Rules and Regulations”);
2.5.13 to make and enter into service, energy and any other agreements necessary
to plan, implement, operate and administer the CCA Program and other
energyprograms, including the acquisition of electric power supply and
the provision of retail and regulatory support services; and
2.5.14 to negotiate projectlabor agreements, community benefits agreements and
collective bargaining agreements with the local building trades council
and other interestedparties.
2.6 Limitation on Powers. As required by Government Code Section6509, the
power of the Authority is subject to the restrictions upon the manner of exercisingpower
possessed by the City of Emeryville and anyother restrictions onexercising the powers of the
Authority that may be adopted by the Board.
2.7 Compliance with LocalZoning and Building Laws. Notwithstanding anyother
provisions of this Agreement or state law, any facilities, buildings or structures located,
constructed or caused to be constructed by the Authority within the territory of the Authority
shall comply with the GeneralPlan, zoning and building laws of the local jurisdiction within
which the facilities, buildingsor structures are constructed and comply with the California
Environmental Quality Act (“CEQA”).
4.2.a
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2.8 Compliance with the Brown Act. The Authority and its officers and employees
shall comply with the provisions of the Ralph M. Brown Act, Government Code Section 54950
et seq.
2.9 Compliance with the Political Reform Act and Government CodeSection
1090. The Authority and its officers and employees shall comply with the Political Reform Act
Government Code Section81000 et seq.) and Government Code Section1090 et seq, and shall
adopt a Conflict of InterestCode pursuant to Government Code Section87300. The Board of
Directorsmay adopt additional conflict of interest regulations in the Operating Rules and
Regulations.
ARTICLE 3
AUTHORITY PARTICIPATION
3.1 Addition of Parties. Subject to Section 2.2, relating to certain rights ofInitial
Participants, otherincorporated municipalities and counties may become Parties upon (a) the
adoption of a resolution by the governing body of such incorporated municipality or county
requesting that the incorporated municipalityor county, as the case may be, become a member of
the Authority, (b) the adoption by an affirmative vote of a majority ofall Directors of the entire
Board satisfying the requirements described in Section 4.12, of a resolution authorizing
membership of the additional incorporated municipality or county, specifying the membership
payment, if any, to be made by the additional incorporated municipalityor county to reflect its
pro rata share of organizational, planning and other pre-existing expenditures, and describing
additional conditions, if any, associated with membership, (c) the adoption of an ordinance
required by Public Utilities Code Section 366.2(c)(12) and execution of this Agreement and
other necessary program agreements by the incorporated municipality or county, (d) payment of
the membershipfee, if any, and (e) satisfaction of any conditions established by the Board.
3.2 Continuing Participation. The Parties acknowledge that membership in the
Authority may change by the addition and/or withdrawal or termination of Parties. The Parties
agree to participate with such other Parties as may later be added, as described in Section 3.1.
The Parties also agree that the withdrawal or termination of a Party shall notaffect this
Agreement or the remaining Parties’ continuing obligations under this Agreement.
ARTICLE 4
GOVERNANCE AND INTERNAL ORGANIZATION
4.1 Board of Directors. The governing body of the Authority shall be a Board of
Directors (“Board”) consisting of one director for each Party appointed in accordance with
Section 4.2.
4.2 Appointment of Directors. The Directors shall be appointed as follows:
4.2.1 The governing body of each Party shall appoint and designate in writing
one regular Director who shall be authorized to act for and on behalf of the
Party on matters within the powers of the Authority. The governing body
of each Party also shall appoint and designate in writing one alternate
Directorwho mayvote on matters when the regular Director is absent
4.2.a
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from a Board meeting. The person appointed anddesignated as the
regular Director shall be a member of the governing body of the Party.
The person appointed anddesignated as thealternate Director shall also be
a member of the governing body of the Party.
4.2.2 The Boardshall also include one non-voting ex officio member as defined
in Section 1.1.13 (“Ex Officio BoardMember”). The Chair of the
Community Advisory Committee, as described in Section 4.9 below, shall
serve as the Ex Officio Board Member. The Vice Chair of the Community
Advisory Committee shall serve as an alternate Ex Officio Board Member
when the regular Ex Officio Board Member is absent from a Board
meeting.
4.2.3 The Operating Rules and Regulations, to be developed and approved by
the Board in accordance with Section 2.5.12 may include rules regarding
Directors, such as meeting attendance requirements. No Party shall be
deprived of its right to seat a Director on the Board.
4.3 Terms of Office. Each regular and alternate Director shall serve at the pleasure
of the governing body of the Partythat the Director represents, and may be removed as Director
by such governing body at any time. If at any time a vacancyoccurs on the Board, a
replacement shall be appointed to fill the position of the previous Director in accordance with the
provisions of Section 4.2 within 90 days of the date that such position becomes vacant.
4.4 Quorum. A majority of the Directors of the entireBoardshall constitute a
quorum, except that less than a quorum may adjourn a meeting from time to time in accordance
with law.
4.5Powers and Function of the Board. The Boardshall conduct or authorize to be
conducted all business and activities of the Authority, consistent with this Agreement, the
Authority Documents, the Operating Rules and Regulations, and applicable law. Board approval
shall be required for any of the following actions, which are defined as “Essential Functions”:
4.5.1 The issuance of bonds or any other financing even if program revenues are
expected to pay for such financing.
4.5.2 The hiring of a Chief Executive Officer and GeneralCounsel.
4.5.3 The appointment or removal of an officer.
4.5.4 The adoption of the Annual Budget.
4.5.5 The adoption of an ordinance.
4.5.6 The initiation of resolution of claims and litigation where the Authority
will be thedefendant, plaintiff, petitioner, respondent, cross complainant
or cross petitioner, or intervenor; provided, however, that the Chief
Executive Officer or GeneralCounsel, on behalf of the Authority, may
4.2.a
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intervene in, become party to, or file comments with respect to any
proceeding pending at the California Public Utilities Commission, the
Federal EnergyRegulatoryCommission, or any other administrative
agency, without approval of the Board. The Boardshall adopt Operating
Rules and Regulations governing the Chief Executive Officer and General
Counsel’s exercise of authority under this Section 4.5.6.
4.5.7 Thesetting of rates for power sold by the Authority and the setting of
charges for anyother category of service provided by the Authority.
4.5.8 Termination of the CCA Program.
4.6 Executive Committee. The Boardshall establish an ExecutiveCommittee
consisting of a smaller number of Directors. The Board may delegate to the Executive
Committee such authority as the Board might otherwise exercise, subject to limitations placed on
the Board’s authorityto delegate certain Essential Functions, as described in Section 4.5 and the
Operating Rules and Regulations. The Board maynot delegate to the Executive Committee or
any other committee its authority under Section 2.5.12 to adopt andamend the Operating Rules
and Regulations or its Essential Functions listed in Section 4.5. After the ExecutiveCommittee
meets or otherwise takes action, it shall, as soon as practicable, make a report of its activities at a
meeting of the Board.
4.7 Director Compensation. Directors shall receive a stipend of $100 per meeting,
as adjusted to account for inflation, as provided forin the Authority’s Operating Rules and
Regulations.
4.8 Commissions, Boards and Committees. The Board may establish any advisory
commissions, boards and committees as the Board deems appropriate to assist the Board in
carrying out its functions and implementing the CCA Program, other energyprograms and the
provisions of this Agreement. The Boardmay establish rules, regulations, policies, bylaws or
procedures to govern any such commissions, boards, or committees and shall determine whether
members shall be compensated or entitled to reimbursement for expenses.
4.9 Community Advisory Committee. The Boardshall establish a Community
Advisory Committeeconsisting of nine members, none of whom may be voting members of the
Board. The function of the Community Advisory Committeeshall be to advise the Board of
Directors on all subjects related to the operation of the CCA Program as set forth in a work plan
adopted by the Board of Directors from time to time, with the exception of personnel and
litigation decisions. The Community Advisory Committee is advisory only, and shallnot have
decision-making authority, or receive any delegation of authority from the Board of Directors.
The Boardshall publicize the opportunity to serve on the Community Advisory Committee, and
shall appoint members of the Community Advisory Committee from those individuals
expressing interest in serving, and who represent a diverse cross-section of interests, skill sets
and geographic regions. Members of the Community Advisory Committee shall serve staggered
four-year terms (the first term of three of the members shall be two years, and four years
4.2.a
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thereafter), which may be renewed. A member of the Community Advisory Committee may be
removed by the Board of Directors bymajority vote. The Board of Directors shall determine
whether the Community Advisory Committee members will receive a stipend and/or be entitled
to reimbursement for expenses.
4.10 Chief Executive Officer. The Board of Directorsshall appoint a Chief Executive
Officer for the Authority, who shall be responsible for the day-to-dayoperation andmanagement
of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of
the Authority, including the power to hire, discipline and terminate employees as well as the
power to approve any agreement, if the expenditure is authorized in the Authority’s approved
budget, except the powers specifically set forth in Section 4.5 or those powers which by law
must be exercised by the Board of Directors. TheBoard of Directors shall provide procedures
and guidelines for the Chief Executive Officer exercising the powers of the Authority in the
Operating Rules and Regulations.
4.11 General Counsel. The Board of Directors shall appoint a GeneralCounsel for
the Authority, who shall be responsible for providing legal advice to the Board of Directors and
overseeing all legal work for the Authority.
4.12 Board Voting.
4.12.1 Percentage Vote. Except when a supermajorityvote is expressly required
by this Agreement or the Operating Rules and Regulations, action of the
Boardon all matters shall require an affirmative vote of a majority of all
Directors on the entire Board (a “Percentage Vote” as defined in Section
1.1.20). A supermajorityvote is required by this Agreement for the
matters addressed by Section 8.4. When a supermajorityvote is required
by this Agreement or the Operating Rules and Regulations, action of the
Board shall require an affirmative Percentage Vote of the specified
supermajority of all Directors on the entireBoard. No action can be taken
by the Board without an affirmative Percentage Vote. Notwithstanding
the foregoing, in the event of a tie in the Percentage Vote, an action may
be approved by an affirmative “Voting Shares Vote,” as defined in Section
1.1.22, if three or more Directors immediately requestsuch vote.
4.12.2 Voting Shares Vote. In addition to and immediately after an affirmative
percentage vote, three or more Directorsmay request that, a vote of the
voting shares shall be held (a “Voting Shares Vote” as defined in Section
1.1.22). To approve an action by a Voting Shares Vote, the corresponding
voting shares (as defined in Section 1.1.23 and Exhibit C) of all Directors
voting in the affirmative shall exceed 50% of the voting share of all
Directors on the entire Board, or such other higher voting shares
percentage expressly required by this Agreement or the Operating Rules
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and Regulations. In the event thatany one Director has a voting share that
equals or exceeds that which is necessary to disapprovethe matter being
votedon by the Board, at leastone other Director shall be required to vote
in thenegative in order to disapprove such matter. When a voting shares
vote is held, action by the Board requires both an affirmative Percentage
Vote and an affirmative Voting Shares Vote. Notwithstanding the
foregoing, in the event of a tie in the Percentage Vote, an action may be
approved on an affirmative Voting Shares Vote. When a supermajority
vote is required by this Agreement or the Operating Rules and
Regulations, the supermajority vote is subject to the Voting Share Vote
provisions of this Section 4.12.2, and the specified supermajority of all
Voting Shares is required for approval of the action, if the provision of this
Section 4.12.2 are triggered.
4.13 Meetings and Special Meetings of the Board. The Boardshall hold at least four
regular meetings per year, but the Board may provide for the holding of regular meetingsat more
frequent intervals. The date, hour and place of each regularmeeting shall be fixed by resolution
or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special
and Emergency meetings of the Board may be called in accordance with the provisions of
California Government Code Section54956 and 54956.5. Directorsmay participate in meetings
telephonically, with full voting rights, only to the extent permitted bylaw.
4.14 Officers.
4.14.1 Chair andVice Chair. At the first meeting held by the Board in each
calendaryear, the Directors shall elect, from among themselves, a Chair,
who shall be the presiding officer of all Board meetings, and a Vice Chair,
who shall serve in the absence of the Chair. The Chair and Vice Chair
shall hold office for one year andserve no more than two consecutive
terms, however, the total number of terms a Director may serve as Chair
or Vice Chairis not limited. The office of either the Chairor Vice Chair
shall be declaredvacant and the Boardshall make a new selection if: (a)
the person serving dies, resigns, or ceases to be a member of the governing
body of the Party that the person represents; (b) the Partythat the person
represents removesthe person as its representative on the Board, or (c) the
Party that he or she represents withdraws from the Authority pursuant to
the provisions of this Agreement.
4.14.2 Secretary. The Board shall appoint a Secretary, who need not be a
member of the Board, who shall be responsible for keeping the minutes of
all meetings of the Board and all other official records of the Authority.
4.14.3 Treasurer and Auditor. The Boardshallappoint a qualified person to
act as theTreasurer and a qualified person to act as the Auditor, neither of
whom needs to be a member of the Board. The same person maynot
simultaneously hold both the office of Treasurer and the office of the
Auditor of the Authority. Unless otherwise exempted from such
4.2.a
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requirement, the Authority shall causean independent audit to be made
annually by a certified public accountant, or public accountant, in
compliance with Section6505 of the Act. The Treasurer shall act as the
depositary of the Authority and have custody of all the money of the
Authority, from whatever source, and as such, shall have all of the duties
and responsibilities specified in Section6505.5 of the Act. TheBoard
may require the Treasurer and/or Auditor to file with the Authority an
official bond in an amount to be fixedby the Board, and if sorequested,
the Authority shall pay the cost of premiums associated with the bond.
The Treasurer shallreport directly to the Board and shall comply with the
requirements of treasurers of incorporated municipalities. The Board may
transferthe responsibilities of Treasurer to any person orentity as the law
may provide at the time.
4.15 Administrative Services Provider. The Boardmayappoint one or more
administrative services providers to serve as the Authority’s agent for planning, implementing,
operating and administering the CCA Program, and any otherprogram approved by the Board, in
accordance with the provisions of an Administrative Services Agreement. The appointed
administrative services provider may be one of the Parties. The Administrative Services
Agreement shall set forth theterms and conditions by which the appointed administrative
services provider shall performor cause to be performed all tasks necessary for planning,
implementing, operating and administering the CCA Program and other approvedprograms.
The Administrative Services Agreement shall set forth the term of the Agreement and the
circumstances under which the Administrative Services Agreement may be terminated by the
Authority. This section shall not in any way be construed to limit the discretion of the Authority
to hire its own employees to administer the CCA Program or any other program.
4.16 Operational Audit. The Authority shall commission an independent agent to
conduct and deliver at a public meeting of the Board an evaluation of the performance of the
CCA Program relative to goals for renewable energy and carbon reductions. The Authority shall
approve a budget for such evaluation and shall hire a firm or individual that has noother direct or
indirect business relationship with the Authority. Theevaluation shall be conducted at least once
every two years.
ARTICLE 5
IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS
5.1 Implementation of the CCA Program.
5.1.1 Enabling Ordinance. Priorto the execution of this Agreement, each
Party shall adopt an ordinance in accordance with Public Utilities Code
Section 366.2(c)(12) for the purpose of specifying that the Party intends to
implement a CCA Program by and through its participation in the
Authority.
4.2.a
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5.1.2 Implementation Plan. The Authority shall cause to beprepared an
Implementation Plan meeting the requirements of Public Utilities Code
Section 366.2 and anyapplicable Public Utilities Commission regulations
as soon after the Effective Date as reasonably practicable. The
Implementation Plan shall not be filed with the Public Utilities
Commission until it is approved by the Board in the manner provided by
Section 4.12.
5.1.3 Termination ofCCA Program. Nothing contained in this Article or this
Agreement shall be construed to limit the discretion of the Authority to
terminate the implementation or operation of the CCA Program at any
time in accordance with any applicable requirements of state law.
5.2 Other Authority Documents. The Parties acknowledge and agree that the
operations of the Authority will be implemented through various documents duly adopted by the
Board throughBoard resolution or minute action, including but not necessarily limited to the
Operating Rules and Regulations, the annualbudget, and specified plans and policies defined as
the Authority Documents by this Agreement. The Parties agree to abide by and comply with the
terms and conditions of all such Authority Documents that may be adopted by the Board, subject
to the Parties’ right towithdraw from the Authority as described in Article 7.
5.3 Integrated Resource Plan. The Authority shall cause to be prepared an
Integrated Resource Plan in accordance with CPUC regulationsthat will ensure the long-term
development and administration of a variety of energy programs thatpromote local renewable
resources, conservation, demand response, and energy efficiency, while maintaining compliance
with the State Renewable Portfolio standard and customer rate competitiveness. The Authority
shall prioritize thedevelopment of energy projects in Alameda and adjacent counties. Principal
aspects of its plannedoperations shall be in a Business Plan as outlined in Section 5.4 of this
Agreement.
5.4 Business Plan. The Authority shall cause to be prepared a Business Plan, which
will include a roadmap for thedevelopment, procurement, and integration of local renewable
energy resources as outlined in Section 5.3 of this Agreement. The Business Plan shall include a
description of how the CCA Program will contribute to fostering local economic benefits, such
as job creation and community energy programs. The Business Plan shall identify opportunities
for local power development and how the CCA Program can achieve thegoals outlined in
Recitals 3 and 6 of this Agreement. The Business Plan shall include specific language detailing
employment and labor standards that relate to the execution of the CCA Program as referenced
in this Agreement. The Business Plan shall identify clear andtransparent marketing practices to
be followed by the CCA Program, including the identification of the sources of itselectricity and
explanation of the various types of electricity procured by the Authority. The Business Plan
shall cover the first five (5) years of the operation of the CCA Program. The Business Plan shall
be completed by the Authority no later than eight (8) months after the seating of the Authority
Board of Directors. Progress on the implementation of the Business Plan shall be subject to
annual public review.
4.2.a
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5.5 Labor Organization Neutrality. The Authority shall remainneutral in the event
its employees, and the employees of its subcontractors, if any, wish to unionize.
5.6Renewable Portfolio Standards. The Authority shall provide its customers
renewable energy primarily from Category 1 eligible renewable resources, as defined underthe
California RPSand consistent with thegoals of the CCA Program. The Authority shallnot
procure energy from Category 3 eligible renewable resources (unbundled Renewable Energy
Credits or RECs) exceeding 50% of the State law requirements, to achieve its renewable
portfolio goals. However, for Category 3 RECs associated with generation facilities located
within its service jurisdiction, the limitation set forth in the preceding sentence shall not apply.
ARTICLE 6
FINANCIAL PROVISIONS
6.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing July 1
and ending June 30. The fiscal year may be changed by Board resolution.
6.2 Depository.
6.2.1 All funds of the Authority shall be held in separate accounts in the name
of the Authority and notcommingled with funds of any Party or anyother
person orentity.
6.2.2 All funds of the Authority shall be strictly and separatelyaccounted for,
and regular reports shall berendered of all receipts and disbursements, at
least quarterly during the fiscal year. The books andrecords of the
Authority shall be open to inspection by the Partiesat all reasonable times.
6.2.3 All expenditures shall be made in accordance with theapproved budget
and upon the approval of any officer so authorized by the Board in
accordance with its Operating Rules and Regulations. The Treasurer shall
draw checks or warrants or make payments by other means for claims or
disbursements not within an applicable budget only upon the prior
approval of the Board.
6.3 Budget and Recovery Costs.
6.3.1 Budget. The initial budget shall be approved by the Board. The Board
may revise the budget from time to time through an Authority Document
as may be reasonably necessary to address contingencies and unexpected
expenses. All subsequent budgets of the Authority shall bepreparedand
approved by the Board in accordance with the Operating Rules and
Regulations.
6.3.2 Funding of Initial Costs. The County shall fund the Initial Costs of
establishing and implementing the CCA Program. In theevent that the
4.2.a
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CCA Program becomes operational, these Initial Costs paid by the County
and any specified interest shall be included in thecustomer charges for
electric services to theextent permitted bylaw, and the County shall be
reimbursed from the payment of such charges by customers of the
Authority. The Authority may establish a reasonable time period over
which such costs are recovered. In the event that the CCA Program does
not become operational, the County shallnot be entitled to any
reimbursement of the Initial Costs.
6.3.4 Additional Contributions and Advances. Pursuant to Government Code
Section 6504, the Parties may in their sole discretion make financial
contributions, loans or advances to the Authority for the purposes of the
Authority set forth in this Agreement. The repayment of such
contributions, loans or advances will be on the written terms agreed to by
the Party making the contribution, loan or advanceand the Authority.
ARTICLE 7
WITHDRAWAL AND TERMINATION
7.1 Withdrawal.
7.1.1 General Right to Withdraw. A Party may withdraw its membership in
the Authority, effective as of the beginning of the Authority’s fiscal year,
by giving no less than 180 days advance written notice of its election to do
so, which noticeshall be given to the Authority and each Party.
Withdrawal of a Party shall require an affirmative vote of the Party’s
governing board.
7.1.2 Withdrawal Following Amendment. Notwithstanding Section 7.1.1, a
Party may withdrawits membership in the Authority following an
amendment to this Agreement provided that the requirements of this
Section 7.1.2 are strictly followed. A Party shall bedeemed to have
withdrawn its membership in the Authority effective 180 days after the
Board approves an amendment to this Agreement if the Director
representing such Party has provided notice to the other Directors
immediately precedingthe Board’s vote of the Party’s intention to
withdrawits membership in the Authority should the amendment be
approved by the Board.
7.1.3 The Right to Withdraw Prior toProgramLaunch. After receiving bids
from power suppliers for the CCA Program, the Authority must provide to
the Parties a report from the electrical utility consultant retained by the
Authority comparing the Authority’s total estimated electrical rates, the
estimated greenhouse gas emissions rate and the amount of estimated
renewable energy to beused with that of the incumbent utility. Within 30
days after receiving this report, through its City Manager or a person
expressly authorized by the Party, anyParty may immediately withdraw
4.2.a
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its membership in the Authorityby providing written notice of withdrawal
to the Authority if the report determines that any one of the following
conditions exists: (1) the Authority is unable to provide total electrical
rates, as part of its baseline offering to customers, that are equal to or
lower than the incumbent utility, (2) the Authority is unable to provide
electricity in a manner that has a lower greenhouse gas emissions rate than
the incumbent utility, or (3) the Authority will use less qualified renewable
energy than the incumbent utility. Any Party who withdraws from the
Authority pursuant to this Section 7.1.3shallnot be entitled to any refund
of the Initial Costs it has paid to the Authorityprior to the date of
withdrawal unless the Authority is later terminated pursuant to Section
7.3. In such event, any Initial Costs not expended by the Authority shall
be returned to all Parties, including anyPartythat has withdrawn pursuant
to this section, in proportion to the contribution that each made.
Notwithstanding anything to the contrary in this Agreement, anyParty
who withdraws pursuant to this section shall not be responsible for any
liabilities or obligations of the Authority after the date of withdrawal,
including without limitation any liability arising from power purchase
agreements entered into by the Authority.
7.2 Continuing Liability After Withdrawal; Further Assurances; Refund. A
Party that withdraws its membership in the Authority under eitherSection 7.1.1 or 7.1.2 shall be
responsible for paying its fair share of costs incurred by the Authority resulting from the Party’s
withdrawal, including costs from the resale of power contracts by the Authority to serve the
Party’s load and any similar costs directly attributable to the Party’s withdrawal, suchcosts being
limited to those contracts executed while the withdrawing Party was a member, and
administrative costs associated thereto. The Parties agree that such costs shall not constitute a
debt of the withdrawing Party, accruing interest, or having a maturity date. The Authority may
withhold fundsotherwise owing to the Party or may require the Party to deposit sufficient funds
with the Authority, as reasonably determined by the Authority, to cover the Party’s costs
described above. Any amount of the Party’s fundsheld by the Authority for the benefit of the
Party that are not required to pay the Party’s costs described above shall be returned to the Party.
The withdrawing party and the Authority shall executeand deliver all further instruments and
documents, and take any further action that may be reasonably necessary, as determined by the
Board, to effectuatethe orderlywithdrawal of such Party from membership in the Authority. A
withdrawing party has the right to continue to participate in Board discussions and decisions
affecting customers of the CCA Program that reside or do business within the jurisdiction of the
Party until the withdrawal’s effective date.
7.3 Mutual Termination. This Agreement may be terminated by mutual agreement
of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of
a Party to withdraw its membership in the Authority, and thus terminate this Agreement with
respect to such withdrawing Party, as described in Section 7.1.
7.4 Disposition of Property upon Termination of Authority. Upontermination of
this Agreement as to all Parties, any surplus money or assets in possession of the Authority for
use under this Agreement, after payment of allliabilities, costs, expenses, and charges incurred
4.2.a
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under this Agreement and under any Authority Documents, shall be returned to the then-existing
Parties in proportion to the contributions made by each.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 DisputeResolution. The Partiesand the Authority shall make reasonable efforts
to settle all disputes arisingout of or in connection with this Agreement. Before exercisingany
remedy provided by law, a Party or the Partiesand the Authority shall engage in nonbinding
mediation in the manner agreed upon by the Party or Partiesand the Authority. The Parties
agree that each Party may specifically enforce this section 8.1. In theevent that nonbinding
mediation is not initiated or does not result in thesettlement of a dispute within 120 days after
the demand for mediation is made, any Party and the Authority may pursue any remedies
provided by law.
8.2 Liability of Directors, Officers, and Employees. The Directors, officers, and
employees of the Authority shall use ordinary careand reasonable diligence in the exercise of
their powers and in the performance of their duties pursuant to this Agreement. No current or
former Director, officer, or employee will be responsible for any act or omission by another
Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the
individual current and former Directors, officers, and employees for any acts or omissions in the
scope of their employment or duties in themanner provided by Government Code Section995 et
seq. Nothing in this section shall be construed to limit the defenses available underthe law, to
the Parties, the Authority, or its Directors, officers, or employees.
8.3 Indemnification of Parties. The Authority shall acquire such insurancecoverage
as the Board deems necessary to protect theinterests of the Authority, the Parties and the public.
Suchinsurance coverage shall name the Parties and their respective Board or Council members,
officers, agents and employees as additional insureds. The Authority shall defend, indemnify
and hold harmless the Partiesand each of their respective Board or Council members, officers,
agents andemployees, from any and all claims, losses, damages, costs, injuries and liabilities of
every kind arising directly or indirectly from the conduct, activities, operations, acts, and
omissions of the Authority under this Agreement.
8.4 Amendment of this Agreement. This Agreement may be amended in writing by
a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section
4.12. Exceptthat, any amendment to the voting provisions in Section 4.12 may only bemade by
a three-quarters affirmative vote of the entireBoard. The Authority shall provide written notice
to the Parties at least 30 days in advance of any proposedamendment being considered by the
Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt
written notice to all Parties of the effective date of such amendment along with a copy of the
amendment.
8.5 Assignment. Except as otherwise expressly provided in this Agreement, the
rights and duties of the Parties may not beassigned or delegated without the advance written
consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in
contravention of this Section 8.5shall be null and void. This Agreement shall inure to the benefit
4.2.a
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October 4, 2016
County Approval
Agreement
19-
of, and be binding upon, the successors and assigns of the Parties. This Section 8.5 does not
prohibit a Party from entering into an independent agreement with anotheragency, person, or
entity regarding the financing of thatParty’s contributions to the Authority, or the disposition of
proceeds which that Party receives under this Agreement, so long as such independent agreement
does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this
Agreement.
8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this
Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the
Parties, that the remainder of the Agreement shallnot be affected thereby. Such clauses,
sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and
enforced to the maximum extent possible.
8.7 Further Assurances. Each Party agrees to execute and deliver all further
instruments anddocuments, and take any further action that may be reasonably necessary, to
effectuatethe purposes and intent of this Agreement.
8.8 Execution by Counterparts. This Agreement may be executed in any number of
counterparts, and upon execution by all Parties, each executed counterpart shall have the same
force and effect as an original instrument and as if all Partieshad signed the same instrument.
Any signature page of this Agreement may be detached from any counterpart of this Agreement
withoutimpairing the legal effect of any signaturesthereon, and may be attached to another
counterpart of this Agreement identical in form hereto buthaving attached to it one or more
signature pages.
8.9 Parties to be Served Notice. Any notice authorized or required to be given
pursuant to this Agreement shall be validly given if served in writing either personally, by
deposit in the United States mail, first class postage prepaid with return receipt requested, or by a
recognized courier service. Notices given (a) personally or by courier service shall be
conclusively deemed received at the time of delivery and receipt and (b) by mail shall be
conclusively deemed given 72 hours after the depositthereof (excluding Saturdays, Sundays and
holidays) if the sender receives the return receipt. All notices shall be addressed to the office of
the clerk or secretary of the Authority or Party, as the case may be, or such other person
designated in writing by the Authority or Party. In addition, a duplicate copy of all notices
provided pursuant to this section shall be provided to the Director and alternate Director for each
Party. Notices given to one Party shall be copied to all other Parties. Notices given to the
Authority shall be copied to all Parties. All notices required hereunder shall be delivered to:
The County of Alameda
Director, Community Development Agency
224West WintonAve.
Hayward, CA 94612
4.2.a
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October 4, 2016
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With a copy to:
Office of the County Counsel
1221 Oak Street, Suite450
Oakland, CA 94612
if to [PARTY No. ____]
Office of the City Clerk
Office of the City Manager/Administrator
Office of the City Attorney
if to [PARTY No._____ ]
Office of the City Clerk
Office of the City Manager/Administrator
Office of the City Attorney
4.2.a
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ARTICLE 9
SIGNATURE
IN WITNESSWHEREOF, the Parties hereto haveexecuted this Joint Powers Agreement
establishing the East BayCommunity Energy Authority.
By:
Name:
Title:
Date:
Party:
4.2.a
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9/26/2016 Draft
Exhibit A
Page 1
EXHIBITA
LIST OF THE PARTIES
This draft exhibit is based on theassumption that all of the Initial Participants will
become Parties. On the Effective Date, this exhibit will be revised toreflect the Parties to
this Agreement at that time.)-
4.2.a
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9/26/2016 Draft
Exhibit B
Page 1
DRAFT EXHIBIT B
ANNUAL ENERGY USE
This draft exhibit is based on theassumption that all of the Initial Participants will
become Parties. On the Effective Date, this exhibit will be revised toreflect the Parties to
this Agreement at that time.)
This Exhibit B is effective as of ________________.
Party kWh ([YEAR]*)
Data provided by PG&E
4.2.a
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DRAFT EXHIBIT C
VOTING SHARES
This draft exhibit is based onthe assumption that all of the Initial Participants will
become Parties. On the Effective Date, this exhibit will be revised toreflect the Parties to
this Agreement at that time.)
This Exhibit Ciseffective as of ___________________.
Party kWh ([YEAR]*) Voting Share
Section 4.11.2
Total
Data provided by PG&E
4.2.a
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RESOLUTIONNO. ____ - 16
A RESOLUTION OF THECITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENTTO PARTICIPATEIN A JOINT POWERS AGENCY FOR
COMMUNITY CHOICE AGGREGATIONPROGRAMIN ALAMEDA COUNTY
WHEREAS, the City of Dublin hasdemonstrated its commitment toan
environmentally sustainable future through its policy goalsandactions, includingenergy
reduction, cleanenergy programs, andthe expansion oflocal renewable powersupply; and
WHEREAS, theCity has adopted a ClimateAction Plan to reducegreenhousegas
emissions; and
WHEREAS, CommunityChoice Aggregation (CCA) is a mechanism by which local
governmentsassumeresponsibility for providing electricalpower for residential and
commercial customers in theirjurisdiction in partnership with local commercialenergy
purveyors and ownersof transmissionfacilities, which in thecase of theCityof Dublin is
Pacific Gas & Electric Co.; and
WHEREAS, CCA has the potential to reduce greenhousegasemissionsrelatedto
the use of powerin theCity of Dublin; provideelectricpowerand other formsofenergyto
customers at a competitive cost; carry out programs to reduceenergy consumption;
stimulateandsustain the localeconomy by developinglocal jobs in renewable energy; and
promote long-termelectricrate stability andenergysecurity and reliability for residents
through localcontrolofelectricgenerationresources; and
WHEREAS, Staff has examinedand identifiedCommunity Choice Aggregation as a
keystrategy to meet local clean energy goals and projectedgreenh ousegas reduction
targets; and
WHEREAS, theBoardof Supervisors of AlamedaCountydirectedtheAlameda
CountyCommunityDevelopment Agency (CDA) to determine if a Community Choice
Aggregation (CCA) program is feasible for cities in AlamedaCounty; and
WHEREAS, CDA staff prepared a “TechnicalStudy for Community Choice
Aggregation Program in AlamedaCounty” (TechnicalStudy, July2016); and
WHEREAS, takencomprehensively, the Technical Study suggests that an Alameda
CountyCCAwould be feasible, could operate economically, could provideratepayers
reductions on their electric bills, and could both increaserenewableenergy and reduc e
greenhousegasemissions if therightbalance is achieved by a joint powersagreement; and
4.2.a
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WHEREAS, ifa municipality isto form a CCAwith other municipalities, it must
become a partof a JointPowersAgency (JPA) as required by thelegislation that permits
CCAs; and
WHEREAS, a draft JPA Agreementhas been prepared bythe Office of the County
Counsel andhas been reviewed by CityAttorneys of AlamedaCountycitiesandthe
membership of the SteeringCommittee over the courseof several months.
NOW, THEREFORE, BE IT RESOLVED, that theCityCouncil of the City of Dublin
does herebyapprove the agreement titled “EastBayCommunityEnergyAuthority - Joint
Powers Agreement” in order to participatewith other prospectivesignatories in a Community
ChoiceAggregation JPA for AlamedaCountymunicipalities, and authorizes the City
Manager or his designee to execute the agreement.
PASSED, APPROVED AND ADOPTED this 15th day of November 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
4.2.a
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ORDINANCE NO. XX-2016
AN UNCODIFIED ORDINANCEOF THE CITY OF DUBLIN AUTHORIZING THE
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and declares:
A. The County of Alameda (“County”) has been actively investigating options to provide
electricity supply services to constituents within the County with the intent of achieving
greater localinvolvement over the provision of electricity supply services, competitive
electric rates, the development of local renewableenergy projects, reduced greenhouse
gas emissions, and the wider implementation of energyconservation and efficiency
projects and programs.
B. Assembly Bill 117, codified as Public Utilities Code Section 366.2 (the “Act”),
authorizes any California city or county whose governing body so elects, to combine the
electricity load of its residents and businesses in a communitywide electricity
aggregation program known as Community Choice Aggregation (“CCA”).
C. The Act allows a CCA program to be carried out under a joint powers agreement entered
into by entitiesthat each have capacity to implement a CCA program individually. The
joint power agreement structure reduces the risks of implementing a CCA program by
immunizing the financial assets of participants. To this end, since 2014, the County has
been evaluating a potential CCA program for the County and the cities within Alameda
County.
D. The County Board of Supervisors voted unanimously in June of 2014 to allocate funding
to explore the creation of a CCA Program and directed County staff to undertakethe
steps necessary to evaluate its feasibility. To assist in the evaluation of the CCA program
within Alameda County, the County established a Steering Committee in 2015, that has
met monthly, advising the Board of Supervisors on the possibility of creating a CCA
Program.
E. The Technical Feasibility Study completed in June of 2016 shows that implementing a
Community Choice Aggregation program would likely provide multiple benefits to the
citizens of Alameda County, including the following:
1. Providing customers a choice of powerproviders;
2. Increasing local control over energy rates and other energy-related matters;
3. Providing electric rates that are competitive with those provided by the incumbent
utility;
4. Reducing greenhouse gas emissions arising from electricity use;
5. Increasing local and regional renewablegeneration capacity;
4.2.a
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6. Increasingenergyconservation and efficiency projects and programs;
7. Increasing regional energy self-sufficiency; and
8. Encouraging local economic and employment benefits through energy conservation
and efficiency projects.
F. Representatives from the County and Alameda County cities have developedthe East
BayCommunity Energy Authority Joint Powers Agreement (“Joint Powers Agreement”).
The Joint Powers Agreement creates the East BayCommunity Energy Authority
Authority”), which will govern and operate the CCA program. The County and the
Alameda County cities that elect to participate in the CCA Program shall do so by
approving the execution of the Joint Powers Agreement and adopting an ordinance
electing to implement a CCA Program, as required by Public Utilities Code Section
366.2(c)(12).
G. The Authority will enter into agreements with electric power suppliers and other service
providers and, based upon those agreements, the Authority plans to provide electrical
power to residents and businesses at rates that are competitive with those of the
incumbent utility. Upon the California Public Utilities Commission approving the
implementationplan prepared by the Authority, the Authority can provide service to
customers within it member jurisdictions. Under Public Utilities CodeSection 366.2,
customershave the right to opt-out of a CCA program and continue to receive service
from the incumbent utility. Customers whowish to continue to receive service from the
incumbent utility will be able to do so at any time.
SECTION 2. Based uponthe findings set forth in Section 1, the City elects to implement a
Community Choice Aggregation program within Alameda County by and through the City’s
participation in the East BayCommunity Energy Authority.
SECTION 3. CEQA
The City Councilfinds, under Title 14 of the California Code of Regulations, Section
15061(b)(3), that this ordinance is exempt from therequirements of the California
Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing
a significant effect on the environment. The City Council thereforedirects that a Notice of
Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a
court of competent jurisdiction to be invalid, such a decision shallnotaffect the validityof the
remainingportions of this ordinance. The City Council of the City of Dublin hereby declares that
it would have passed this ordinance and each section or subsection, sentence, clause and phrase
thereof, irrespective of the fact thatany one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
4.2.a
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This Ordinance shall take effect and will be enforced thirty (30) days from and after the date of
the passage. The City Clerk of the City of Dublin shall cause this Ordinance to beposted in at
least three (3) public places in the City of Dublin in accordance with Section36933 of the
Government Code of the State of California.
The foregoing ordinance was introduced before the City Council of the City of Dublin at the
regularmeeting of the City Council, held on the ____ day of ___, ____, and finally adoptedat a
regularmeeting of the City Council held on the ___ day of ___, ____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
APPROVED AS TOFORM:
City Attorney
4.2.a
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ORDINANCE NO. XX-2016
AN UNCODIFIED ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and declares:
A. The County of Alameda (“County”) has been actively investigating options to provide
electricity supply services to constituents within the County with the intent of achieving
greater local involvement over the provision of electricity supply services, competitive
electric rates, the development of local renewable energy projects, reduced greenhouse
gas emissions, and the wider implementation of energy conservation and efficiency
projects and programs.
B. Assembly Bill 117, codified as Public Utilities Code Section 366.2 (the “Act”),
authorizes any California city or county whose governing body so elects, to combine the
electricity load of its residents and businesses in a community wide electricity
aggregation program known as Community Choice Aggregation (“CCA”).
C. The Act allows a CCA program to be carried out under a joint powers agreement entered
into by entities that each have capacity to implement a CCA program individually. The
joint power agreement structure reduces the risks of implementing a CCA program by
immunizing the financial assets of participants. To this end, since 2014, the County has
been evaluating a potential CCA program for the County and the cities within Alameda
County.
D. The County Board of Supervisors voted unanimously in June of 2014 to allocate funding
to explore the creation of a CCA Program and directed County staff to undertake the
steps necessary to evaluate its feasibility. To assist in the evaluation of the CCA program
within Alameda County, the County established a Steering Committee in 2015, that has
met monthly, advising the Board of Supervisors on the possibility of creating a CCA
Program.
E. The Technical Feasibility Study completed in June of 2016 shows that implementing a
Community Choice Aggregation program would likely provide multiple benefits to the
citizens of Alameda County, including the following:
1. Providing customers a choice of power providers;
2. Increasing local control over energy rates and other energy-related matters;
3. Providing electric rates that are competitive with those provided by the incumbent
utility;
4. Reducing greenhouse gas emissions arising from electricity use;
5. Increasing local and regional renewable generation capacity;
4.2.b
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6. Increasing energy conservation and efficiency projects and programs;
7. Increasing regional energy self-sufficiency; and
8. Encouraging local economic and employment benefits through energy conservation
and efficiency projects.
F. Representatives from the County and Alameda County cities have developed the East
Bay Community Energy Authority Joint Powers Agreement (“Joint Powers Agreement”).
The Joint Powers Agreement creates the East Bay Community Energy Authority
(“Authority”), which will govern and operate the CCA program. The County and the
Alameda County cities that elect to participate in the CCA Program shall do so by
approving the execution of the Joint Powers Agreement and adopting an ordinance
electing to implement a CCA Program, as required by Public Utilities Code Section
366.2(c)(12).
G. The Authority will enter into agreements with electric power suppliers and other service
providers and, based upon those agreements, the Authority plans to provide electrical
power to residents and businesses at rates that are competitive with those of the
incumbent utility. Upon the California Public Utilities Commission approving the
implementation plan prepared by the Authority, the Authority can provide service to
customers within it member jurisdictions. Under Public Utilities Code Section 366.2,
customers have the right to opt-out of a CCA program and continue to receive service
from the incumbent utility. Customers who wish to continue to receive service from the
incumbent utility will be able to do so at any time.
SECTION 2. Based upon the findings set forth in Section 1, the City elects to implement a
Community Choice Aggregation program within Alameda County by and through the City’s
participation in the East Bay Community Energy Authority.
SECTION 3. CEQA
The City Council finds, under Title 14 of the California Code of Regulations, Section
15061(b)(3), that this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing
a significant effect on the environment. The City Council therefore directs that a Notice of
Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a
court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Dublin hereby declares that
it would have passed this ordinance and each section or subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
4.2.b
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This Ordinance shall take effect and will be enforced thirty (30) days from and after the date of
the passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
* * *
The foregoing ordinance was introduced before the City Council of the City of Dublin at the
regular meeting of the City Council, held on the ____ day of ___, ____, and finally adopted at a
regular meeting of the City Council held on the ___ day of ___, ____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
4.2.b
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Authorization to Bid Sean Diamond Park, CIP Project PK0216
Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The Capital Improvement Program (CIP) includes funding to design and construct Sean
Diamond Park. The 5-acre park would provide a central gathering point with public art,
playgrounds for ages 2-to-5 and 5-to-12, a tennis court, picnic area, informal lawn area,
grass volleyball court, restroom building, and interior pathways for circulation and
exercise. Staff is requesting City Council authorization to bid Sean Diamond Park, CIP
No. PK0216.
STAFF RECOMMENDATION:
Authorize Staff to advertise Sean Diamond Park, CIP No. PK0216, for bids, including
additive alternates for the shade structure at picnic area and additional lighting at the
central garden.
FINANCIAL IMPACT:
The CIP budget for the project is $2.2 million and includes approximately $1.5 million for
construction. On September 20, 2016, the City Council amended the capital
improvement project and approved a budget change to accelerate the project design
and construction to Fiscal Year 2016-17. Funds have been allocated in project budget
to cover the construction contract. Based on the current cost estimate a budget change
may be required at the award of contract if the base bid exceeds the available budget.
The following summarizes the available budget, estimated construction costs and
potential additive alternates to the construction project.
Approved Construction Budget $1,568,226
Engineer’s Estimate for Base Bid $1,473,977
10% Construction Contingency $147,397
Subtotal, Potential Construction Cost for Base Bid $1,621,374
Potential Budget Shortfall for Base Bid ($53,148)
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Proposed Bid Alternates (including 10% contingency)
Add Alt 1: Shade Structure $19,800
Add Alt 2: Lighting at Rose Garden $16,500
Subtotal, Add Alts $36,300
Total Potential Construction Costs, incl. Alt. 1 & 2 $1,657,674
Total Potential Budget Shortfall, Base Bid & Alt. 1 & 2 ($89,448)
DESCRIPTION:
On February 2, 2016, the City Council approved the conceptual plan for the Sean
Diamond Neighborhood Park and authorized Staff to proceed with development of the
construction drawings which will be complete in December. On September 20, 2016,
the City Council approved amending the Capital Improvement Project for Sean
Diamond Park and accelerating the project from Fiscal Year 2017-18 to Fiscal Year
2016-17. The project will be ready to bid in December 2016.
The proposed base bid scope of work for the project includes the following elements:
Central gathering space with public art as focal point
Playgrounds for 2- to 5-year olds and 5- to 12-year olds
Tennis Court
Picnic Area
Grass Volleyball Court
Informal Lawn Area
Restroom Building
Interior Pathways for circulation and exercise
The following additive alternates are proposed to be included in the bid package:
Additive Alternate #1 will provide a shade structure at the picnic area.
Additive Alternate #2 will provide additional lighting around the rose garden area.
Schedule
The following is a summary of the key project milestones for the remainder of the
project:
Bid period Winter 2016
Award of contract & construction begins Spring 2017
Open to the public Spring 2018
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The project will be advertised in local newspapers, at plan holder rooms and posted on
the City’s website. A copy of this Staff Report was sent to the Parks and Community
Services Commission.
ATTACHMENTS:
1. Park Concept Plan
4.3
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Work – Contract No. ST0815A Amador Plaza Road Bicycle
and Pedestrian Improvements - Phase 1
Prepared by: William Lai, Assistant Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider accepting the work for Contract No. ST0815A, Amador
Plaza Road Bicycle and Pedestrian Improvements - Phase 1, which provided for the
construction of two mid-block crosswalks including curb extensions, median island
refuge areas, and Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning
devices. The project also included construction of a raised median island at the
southern driveway in front of the Safeway property. These improvements increased
pedestrian safety and improved traffic circulation in the Downtown area.
STAFF RECOMMENDATION:
Adopt the Resolution Accepting Improvements under Contract No. ST0815A for the
Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 Project and
authorize the City to release retention after 35 days if there are no subcontractor claims.
FINANCIAL IMPACT:
The Amador Plaza Road Bicycle and Pedestrian Improvements, Project No. ST0815 is
a multi-phase project with a total budget of $1,413,647.000. The budget for Phase 1 of
the project is $459,647.00. Total project costs for Phase 1, including design, inspection,
staff, and construction costs are $421,384.33. To date, Phase 2 expenditures total
$74,202.73, leaving a remaining project balance of $918,059.94.
DESCRIPTION:
On January 19, 2016, the City Council awarded a contract to FBD Vanguard
Construction, Inc. in the amount of $344,099.99 for Contract No. ST0815A, Amador
Plaza Road Bicycle and Pedestrian Improvements - Phase 1.
Work under this contract included the construction of the following key elements:
1. A raised median with left-turn pocket in the southbound direction at the southern
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driveway into Safeway.
2. Two new mid-block crosswalks, including bulb-out curb extensions and
pedestrian refuge islands, to improve visibility and to decrease the pedestrian
crossing distance.
3. Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices at each
mid-block crosswalk.
Photos of these improvements are included as Attachment 2.
In addition to the City contract for Phase 1, Amador Plaza Road has recently received a
pavement surface treatment. On July 19, 2016, the City Council approved an
agreement with the City of Livermore to include pavement maintenance work on
Amador Plaza Road as part of the City of Livermore Slurry Seal 2016 Project. Work
under that agreement included micro-surfacing of the street, a pavement surface
treatment, as well as restriping of roadway markings to remove parking on the east side
of the street, install parking stall markings on the west side of the street, and install bike
lanes on both sides of the street. The surface treatment and restriping was completed in
November of 2016, with project funding through the Annual Street Resurfacing CIP,
Project No. ST0117.
Phase 2 improvements of Project No. ST0815, are currently under design and are not in
the scope of this contract. The Phase two improvements will include:
1. Construction of the southbound exclusive right-turn lane at the intersection of
Amador Plaza Road and Dublin Boulevard (at the former Coco’s Restaurant
site).
Staff has reviewed the work under Contract No. ST0815A and determined that the work
is complete.
The project cost summary is as follows:
Amador Plaza Road Bicycle and Pedestrian Improvements
Expenditure Budget
Current Project Budget $1,413,647.00
Total Budget $1,413,647.00
Funding Sources
General Fund $459,647.00
Western Dublin Traffic Impact Fee $954,000.00
Total Funding Sources $1,413,647.00
Actual Expenditures (Phase 1)
Construction Contract $344,099.99
Change Order #1 $6,141.58
Contract Services, Design, Salary, & Testing $71,142.76
Total Expenditures $421,384.33
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Actual Expenditures (Phase 2)
Design $74,202.73
Total Expenditures $74,202.73
Remaining Project Balance $918,059.94
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Accepting Improvements Under Contract No. St0815a for the Amador
Plaza Road Bicycle and Pedestrian Improvements – Phase 1 Project
2. Project Photos
4.4
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RESOLUTION NO. - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
ACCEPTING IMPROVEMENTS UNDER CONTRACT NO. ST0815A FOR THE AMADOR
PLAZA ROAD BICYCLE AND PEDESTRIAN IMPROVEMENTS – PHASE 1 PROJECT
WHEREAS, on January 19, 2016, The City of Dublin entered a contract with FBD
Vanguard Inc. to perform Contract No. ST0815A, Amador Plaza Road Bicycle and Pedestrian
Improvements - Phase 1; and
WHEREAS, said improvements have been completed in accordance with plans and
specification, and any approved modifications thereof, to the satisfaction of the City Engineer of
the City of Dublin; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby accept the improvements, Contract No. ST0815A, Amador Plaza Road Bicycle and
Pedestrian Improvements - Phase 1 and authorize Staff to file a Notice of Completion with
Alameda County.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or 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 6th day of December, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.4.a
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Figure 1. Before Construction – Looking South near Sprouts Driveway
Figure 2. After Construction – Looking South near Sprouts Driveway
4.4.b
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Figure 3. Before Construction – Looking North near REI Driveway
Figure 4. After Construction – Looking North near REI Driveway
4.4.b
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Figure 5. Before Construction – Looking South near Safeway Driveway
Figure 6. After Construction – Looking South near Safeway Driveway
4.4.b
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement for Participation in the Alameda County Operational Area
Emergency Management Organization
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting a Resolution approving continued participation
in the Agreement for Participation in Alameda County Operational Area Emergency
Management Organization, as it was approved by the Alameda County Board of
Supervisors on May 10, 2016.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the Agreement for Participation in Alameda County
Operational Area Emergency Management Organization.
FINANCIAL IMPACT:
None.
DESCRIPTION:
As a result of the 1991 East Bay Hills firestorm, State Senator Nicholas Petris
sponsored legislation that establishes a standardized emergency management system,
or SEMS, in California. An important component of SEMS is the Operational Area,
defined as:
An intermediate level of the state emergency services organization consisting of
a county and all political subdivisions within the county area [California
Government Code, § 8559 (b)].
State regulations assigned responsibility for developing the Operational Area
Emergency Management Organization to the local board of supervisors. In January
1995, the Alameda County Board of Supervisors accepted the recommendation to form
a task force to implement an Operational Area in Alameda County, and adopted the
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Agreement for Participation in the Alameda County Operational Area Emergency
Management Organization. The City of Dublin adopted the initial Agreement in May
1995, and then again in June 2005, which expired on December 31, 2015.
The Alameda County Board of Supervisors recently adopted a new Agreement
consisting of substantially the same elements as the previous one. The key
components of the Agreement are as follows:
· A partnership for exchanging disaster intelligence, mutual aid requests, and
resource requests in emergencies;
· Allows for cooperative training and exercise;
· No monetary compensation is required of participants to be members of the
organization;
· The State’s SEMS regulations and guidelines guide the policies and procedures
of the organization;
· The Sheriff/Director of Emergency Services is the Operational Area Coordinator
responsible for assuring the representation of all affected jurisdictions in
decision-making before, during, and after a disaster occurs; and
· A representational Operational Area Council is established to review and
approve policies and procedures for the organization and serve as Alameda
County’s Civil Defense and Disaster Council.
Past disasters have shown that interagency coordination is crucial to the successful
response to disasters. The City of Dublin’s continued participation in the Operational
Area Emergency Management Organization is a key component in accomplishing that
goal.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution - Adopting the Agreement for Participation in Alameda County Operational
Area Emergency Management Organization
2. Exhibit A to the Resolution - Agreement for Participation in Alameda County
Operational Area Emergency Management Association
4.5
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RESOLUTION NO. XX-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ADOPTING THE AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY
OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION
WHEREAS, the potential for a major catastrophe due to natural or human-
caused disaster causes all government entities within Alameda County to be prepared
to share resources and information among themselves as well as with the State of
California in order to protect public welfare; and
WHEREAS, greater efficiency and disaster preparedness, response, recovery,
and mitigation can be achieved by joining the efforts of the County of Alameda, other
cities, special districts, and other public benefit non-profit corporations together in pre-
disaster agreements; and
WHEREAS, the California Emergency Services Act makes reference to the
“operational area” and defines it as “an intermediate level of the state emergency
services organization” created to perform extraordinary functions for local governments
within a county area such as strengthening mutual coordination, providing a focal point
and conduit for disaster information, and assisting in the efficient management of
resources.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby adopt the Agreement for Participation in Alameda County
Operational Area Emergency Management Organization attached hereto as Exhibit A,
as it was approved by the Alameda County Board of Supervisors on May 10, 2016; and
BE IT FURTHER RESOLVED, that the City Manager designate, in writing, the
following:
1) Individuals who will be provided training and orientation on the policies and
procedures so that they may represent the City in the Operational Area
Emergency Management Organization; and
2) A line of succession of officials who are empowered to represent the City in the
Operational Area Emergency Management Organization.
BE IT FURTHER RESOLVED, that the City Manager will provide these two lists
to the Alameda County Operational Area Emergency Management Organization within
thirty (30) days of adoption of this resolution.
4.5.a
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PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
4.5.a
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AGREEMENT FOR PARTICIPATION
IN ALAMEDA COUNTY
OPERATIONAL AREA
EMERGENCY MANAGEMENT ORGANIZATION
This Agreement is made this \Dl'hday of K.~ , 2Cl ~by and between the County
of Alameda and the cities , special districts, and othe; public benefit non-profit corporations that
are parties to this Agreement.
WHEREAS , the potential for a major catastrophe du e to natural or manrnade disaster requires
all government entities within Alameda County to be prepared to share resources and
information among themselves as well as with the State of California in order to protect public
welfare; and
WHEREAS , greater efficiency and disaster preparedness response , recovery , and mitigation can
be achieved by joining the efforts of the County of Alameda, the Cities, Special Districts , and
other public benefit non-profit corporations together in pre-disaster agreements ; and
WHEREAS, the California Emergency Services Act makes reference to the "operational area"
and defines it as "an intermediate level of the state emergency services organization" created to
perform extraordinary functions for local governments within a county area such as
strengthening mutual coordination, providing a focal point and conduit for disaster information,
and assisting in the efficient management of resources ;
THE COUNTY, CITIES, SPECIAL DISTRICTS, AND OTHER PUBLIC BENEFIT
NON-PROFIT CORPORA TIO NS AGREE AS :FdLLOWS:
1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL AREA
EMERGENCY MANAGEMENT ORGANIZATION
The parties to this Agreement recognize an Operational Area, as the term is defined in the
California Emergency Services Act (California Government Code §8550 et seq .) which
designates an intermediate level of organization , cooperation, and planning between public
entities within Alameda County boundaries .
The County of Alameda, cities , special districts, and other public benefit non-profit corporations
that are parties to this Agreement shall participate in this organizational structure, which is a
partnership for a systematic approach for exchanging disaster intelligence, mutual aid requests ,
and resource requests in emergencies and also to provide emergency preparedness on a day-to-
day basis through cooperative training and exercise activities .
' The Operational Area Emergency Management Organization will be the primary contact point
during an emergency in Alameda County for sharing disaster intelligence among local agencies
and between the Operational Area Emergency Management Organization and state and federal
agencies requesting information . '
Alameda County Operational Area Agreement Page 1
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The Operational Area Emergency Management Organization will assist parties to this agreement
to share resources before , during , and after an emergency, as well as to prepare, respond , and
recover from disasters that strike Alameda County. The Operational Area Emergency
Management Organization will prioritize competing needs according to the policies and
procedures approved by the Operational Area Council.
Each of the parties to this Agreement will designate individuals to be trained to represent their
agency in the Operational Area Emergency Management Organization. The training will be an
orientation on the policies and procedures of the Operational Area Emergency Management
Organization. E ach party to this Agreement will also designate , in writing, a line of succession of
officials who are empowered to represent the party to the Operational Area Emergency
Management Organization.
2. CONSIDERATION
The consideration under this Agreement is the mutual advantage of protection afforded to each
of the parties to this Agre ement. There shall not be any monetary compensation required from
any to another party as a condition of assistance provided under the agreement, except for
reimbursement of direct costs as designated in mutual aid agreements. Nothing in this agreement
shall be construed as altering any preexisting disaster response agreements between the parties.
3. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM
The Operational Area E mergency Management Organization and its policies and procedures will
be re gulated b y the Standardized Emergency Management Sy stem as stated in Californ ia
Gov ernment Code §8 60 7, and its implementing regulations , California Code of Regulations,
Titl e I 9, Divis ion 2, Offi ce of Em ergency Services, Standardiz ed Em ergency Management
Sy stem , and guidelines . The incident command system and a multi-agency coordination system,
as described in those regulations and guidelines , will be used for coordination and direction of
the parties to this agreement participating in emergency efforts. The Alameda County Emergency
Operations Plan shall be the primary method and criteria used to conduct Operational Area
Emergency Operations Center activities .
4. OPERATIONAL AREA COO RD INA TOR
The Sheriff/Director o f Emergency Services is the Operational Area Coordinator. It is the
responsibility of the Operational Area Coordinator to oversee the operation of the Operational
Area Emergency Management Organization and to reasonably interpret the terms of this
agreement.
It is the responsibility of the Operational Area Coordinator to encourage equal representation by
parties to the agreement on a day-to-day basis and to include representatives of affected parties
to this agreement and mutual aid coordinators in the operational decision making before, during ,
and after a disaster strikes Alameda County.
Alameda County Operational Area Agreement Page 2
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5. COUNCIL
An Operational Area Council is hereby established consisting of a representational membership
of the party jurisdictions to this Agreement. The Council shall include one voting representative
from each of the following:
a. The President of the Board of Supervisor , or his/her designee;
b. The Sheriff/Director of Emergency Services , or his/her designated alternate;
c. The Alameda County Administrator, or his/her designated alternate;
d. The County Agency Heads having primary functional responsibilities in a disaster, or
their designated alternates;
Including , but not limited to:
l. Auditor-Controller
2. Fire Department
3. General Services Agency
4 . Health Care Services
5 . Human Resource Services
6 . Public Works Agency
7. Sheriffs Office
8. Social Services Agency
e. The President of the Alameda County Emergency Managers' Association , or his/her
designated alternate;
f. The President of the Alameda County Fire Chiefs' Association, or his/her designated
alternate ;
g . The President of the Alameda County Chiefs of Police and Sheriff's Association, or
his/her designated alternate;
h. A City Manager of a North County City , or his/her designated alternate , chosen
annually by the cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont
to represent them in the Council;
1. A City Manager of a South County City , or his/her designated alternate, chosen
annually by the cities of Fremont, Hayward , Newark, San Leandro , and Union City to
represent them in the Council;
J. A City Manager of an East County City, or his/her designated alternate , chosen annually
by the cities of Dublin , Livermore, and Pleasanton to represent them in the Council ;
Alameda County Operational Area Agreement Page 3
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k. A General Manager of a Regional District based in Alameda County , or his/her
des ignated alternate, chosen annually by participating regional districts , defined as a
special district having service areas in more than one county , to represent them in the
Council ;
I. A General Manager of a Special District , or his /her designated alternate , chosen annually
by participating special districts having their entire service area within the boundaries of
Alameda County to represent them in the Council;
m. The Alameda County Superintendent of Schools , or his/her designated alternate, to
represent the school districts of Alameda County ;
n. A Director of a Public Benefit Non-profit Corporation, or his/her designated alternate,
chosen annually by the Alameda County Voluntary Organizations Active in Disaster
executive committee to represent them in the Council;
o. A Chief Executive Officer or President, or his/her designated alternate , of a private
sector company doing business in this county that is an active member of the Emergency
Managers' Association of Alameda County and is selected annually by the Operational
Area Coordinator ; and
p . Such representatives of other organizatio~s , either civic , business , labor, veterans,
professional or other organizations having ~ official group or organization having
disaster responsibility and may be appointed by the Operational Area Coordinator.
It is the responsibility of the Operational Area Council to set the policies and procedures for the
governing of the Operational Area Emergency Management Organization and to review and
approve recommendations for changes to these policies and procedures on an annual basis . The
Operational Area Council will also serve as the Alameda County Civil Defense and Disaster
Council , as described in the Alameda County A dmini strative Code , Chapter VI . The County of
Alameda will supply staff support for the Operational Area Council.
6. PROVISION OF FACILITIES AND SUPPORT
The County of Alameda shall pro v ide its emergenc y b perations center as the site for the
Operational Area Emergency Management Organization. The County of Alameda will provide
support staff for the emergency operations center and all reasonable supplies for tne Operational
Area Emergency Management Organization during actual activations , drills , and exercises. All
parties to this Agreement may pro v ide representatives for decision making and liaison to
operational elements of the Operational Area Emergency Management Organization when
activated .
The Operational Area Emergency Management Organization will facilitate the mutual aid
systems used by local a gencies to assist each other in a disaster with the resources necessary to
sav e lives , mitigate property loss , and meet the basic needs of the people .
Alameda County Operational Area Agreement Page 4
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7. TERM OF AGREEMENT
This Agreement shall be effective from the date executed by all parties until December 31, 2025.
This Agreement may be terminated prior to the conclusion of the term by mutual agreement of a
majority of the member parties.
8. WITHDRAW AL OF PARTY
Any party to this Agreement may withdraw as a party to this Agreement prior to the termination
of the term of this Agreement upon giving thirty (30) days prior written notice to all other
parties .
9. ADDITIONAL PARTIES
Additional parties , who are public entities within the geographical boundaries of Alameda
County, may join in this Agreement and become a member party upon execution of an Exhibit to
this Agreement in which the entity agrees to be subject to the conditions and terms of this
Agreement. The executed Exhibit shall become a part of this Agreement automatically after the
expiration of thirty (30) days following notification by the new party to all other parties to the
execution of the exhibit. Thereafter, the entity shall be considered to be a party of this Agreement
unless the entity withdraws as provided herein. Provided however, in the event any existing party
to the Agreement gives all other parties notice of its objection to the addition of the particular
entity becoming a member to this Agreement within the thirty (30) day notice period, the
addition of such party to this Agreement shall require the consent of a two-thirds majority to the
then member parties.
I 0. INDEMNIFICATION AND HOLD HARMLESS
Each of the parties agree to indemnify and hold the other parties harmless and waives all claims
for compensation for any loss, damage, personal injury , or death incurred in consequences of the
acts or omissions of the indemnifying parties' own employees and agents in the performance of
this Agreement.
It is the intent of the parties that, where negligence is determined to have been contributory ,
principles of comparative fault will be followed and each party shall bear the proportionate costs
of any loss , damage , expense , and liability attributable to the party's negligence.
11 . SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS
The salaries , employment and workers compensation benefits of each employee participating in
the Operational Area Emergency Management Organization shall be the responsibility of the
party employing the individual. It is understood that each party's employees have no rights ,
benefits , or special employment status conferred ~y reason of this Agreement.
Alameda County Operational Area Agreement Page 5
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I • r f
IN WITNESS WHEREOF THE PARTIES HERETO HA VE EXECUTED THIS
AGREEMENT AS FOLLOWS:
I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly
authorized to execute this document on behalf of the County of Alameda by a majority vote of
the Board on t1 ~ \O 2.0 \lo ; and that a copy has been delivered to the President as
pro v ided by Govemmen CodJ section 25163 .
ATTEST: ANIKA CAMPBELL-BELTON
Clerk, Board of Supervisors
Alameda County , California
APPROVED AS TO FORM AND CONTENT:
DONNA ZEIGLER
By V
L. David Nefouse
Deputy County Counsel
BARBARA LUBBEN
Alameda County Operational Area Agreement Page 6
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with West Corporation for the Emerald Glen Recreation and
Aquatic Complex (CIP No. PK0105)
Prepared by: Meghan Tiernan, Facilities Development Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of an agreement with West Corporation for
access control and site security at the Emerald Glen Recreation and Aquatic Complex
(CIP No. PK0105).
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Consulting Services Agreement between the City
of Dublin and West Corporation for the Emerald Glen Recreation and Aquatic Complex
Project (CIP No. PK0105).
FINANCIAL IMPACT:
As approved in the 2016-2021 Capital Improvement Program, the total budget for the
Emerald Glen Recreation and Aquatic Complex Project is $43,830,945. The cost of
professional services under the agreement is $124,850.00 including a 10% contingency.
Sufficient funding is available in the project budget to approve the Agreement with West
Corporation.
DESCRIPTION:
On February 3, 2015, the City Council approved award of the construction contract to C.
Overaa & Company Construction and construction is proceeding on schedule. The
proposed agreement with West Corporation is for consultant services required during
the construction phase to install access control, video and perimeter alarm systems that
are compatible with the existing system at Civic Center. West Corporation has
previously consulted with the City for the access control and security systems at Civic
Center and is uniquely qualified to design and install a compatible system that
integrates with the existing City system.
4.6
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The new Aquatic Center’s access control system will use Assa Abloy hardware and
components. Assa Abloy will only provide a warranty for its product if 1) it is installed by
an Assa Abloy certified “integrator”; and 2) the integrator will be responsible for system
maintenance. Dan Walsh of West Corporation is a certified Assa Abloy integrator. If the
System is installed by anyone other than West Corporation, the City will then be
required to maintain a separate maintenance contract for access control/security at the
Aquatic Complex with the integrator who installed the system.
Upon approval of the agreement, West Corporation is prepared to begin work at the
Emerald Glen Recreation and Aquatic Complex to install the new systems prior to
completion of construction.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the staff report was sent to West Corporation.
ATTACHMENTS:
1. Resolution Approving Consultant Services Agreement with West Corporation
2. Exhibit A to the Resolution - Agreement
4.6
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ATTACHMENT 1
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND WEST CORPORATION FOR THE EMERALD GLEN RECREATION AND
AQUATIC COMPLEX (CIP NO. PK0105)
WHEREAS, the City Council adopted Resolution 15-15 approving a contract with C. Overaa &
Company on February 3, 2015 for construction of the Emerald Glen Recreation and Aquatic
Complex; and
WHEREAS, construction of the Emerald Glen Recreation and Aquatic Complex is proceeding
toward completion; and
WHEREAS, the City requires access control, video, and perimeter alarm systems to operate
the facility; and
WHEREAS, the City solicited a proposal from West Corporation to design and install the
systems; and
WHEREAS, the West Corporation is uniquely qualified to provide a system compatible with
the City’s existing systems; and
WHEREAS, West Corporation is prepared to complete the work prior to construction
completion; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Consulting Services Agreement with West Corporation, attached hereto as Exhibit A,
for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement
and other minor amendments required to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
4.6.a
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ATTACHMENT 1
City Clerk
4.6.a
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1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
WEST CORPORATION
This Agreement is made and entered into between the City of Dublin ("City") and West Corporation (“Consultant”) as
of December 6, 2016 (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 December 30, 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 $124,850.00 (One
hundred and twenty-four thousand and eight hundred and fifty dollars, 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.
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
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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 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. Reimbursable expenses are specified below, and shall not exceed
$0.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not be
exceeded.
4.6.b
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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.
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
4.6.b
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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.
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.
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
4.6.b
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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 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 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.
4.6.b
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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 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;
4.6.b
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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.
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.
4.6.b
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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.
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 maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
4.6.b
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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, 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
4.6.b
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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.
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
4.6.b
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11
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 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:
West Corporation
Attn: Dan Walsh
PO Box 414
Cayucos, CA 93430
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.
4.6.b
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12
IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of December 2016.
CITY OF DUBLIN CONSULTANT
____________________________ ______________________________
Christopher L. Foss, City Manager Dan Walsh, West Corporation
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
____________________________
John Bakker, City Attorney
4.6.b
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EXHIBIT A
SCOPE OF SERVICES
.
4.6.b
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readers, and 3 personnel exterior gate readers to be determined and
1 on site client license.
2- The Amag client license will be installed on a customer supplied
CPU.
3-At room 110 it is assumed that all the hardwired readers will
terminate to an Amag 2150 access control panel and lock power
supply. The 2150 panel terminates to the LAN switch provided by
others.
4- At room 110, 2 Amag EN-LDBU panels will be installed to
communicate to Assa Abloy wireless hubs. The EN-LDBU’s will
terminate to the LAN switch provided by others. Reader locations
noted on sheets A2.2a and A2.2b terminate to room 110 it is
assumed required conduit and cable paths have been provided.
5- At room 127, 2 Amag EN-LDBU panels will be installed to
communicate to Assa Abloy wireless hubs. The EN-LDBU’s will
terminate to the LAN switch provided by others. Reader locations
noted on sheet A2.2c terminate to room 127 it is assumed required
conduit and cable paths have been provided.
6- A combination of Assa Abloy wireless hubs will be installed at
specific locations in the buildings. The actual locations will first be
confirmed with Assa Abloy tech support. Hubs will consist of 3 -AH-30
(8 readers) and 15-AH-13 (single reader).
7- There are 5 locations that require hard wired card readers these
locations also require that the access control system be interfaced to
the door operators, electric locks, and actuators. It is assumed that all
conduits, back bokes, and cable paths have been provided.
8- There are 3 exterior gate locations that will require card readers,
interface to the gate locks, gate position switch and REX device. It is
assumed that all conduit, back boxes, and cable paths have been
provided.
9- System cabling will be required from the 8 hardwired locations and
from the EN-LDBU wireless hubs.
4.6.b
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10- Provide programing, submittals, as build drawings and O&M
manuals.
11- Provide 1 year warranty on all materials provided and installed by
WEST Corp. personnel.
Installed cost; $65,776.67
Vicon Video System Scope of Work
There is an NVR (network video recorder) installed at the PD which
controls and records the cameras at City Center. A second NVR will
be installed at the park to record and program the cameras. All
cameras in the system can be programed to be viewed at either
location.
There are 4 interior camera locations and 4 exterior camera locations.
1-At a pre-determined location a Vicon NVR will be installed to
control, and record the installed cameras. The NVR will archive video
for 30 days. The NVR will terminate to the LAN switch provided by
others.
2- The Vicon client software will be installed on a customer supplied
CPU. The client will be used to program, monitor, and paly back
video. The CPU will terminate to the LAN switch provided by others.
3- There are 3 interior mini domes installed in the front lobby /
ticketing location and 1 mini dome installed in the safe room. An
exterior dome will be mounted to monitor people at the outside
ticketing area windows. Cameras will terminate to a LAN/POE switch
provided by others at room 110.
4- At the pool storage building 3 exterior cameras will be installed to
monitor the general gate areas. The cameras will terminate to a LAN /
POE switch provided by others inside the building. It is assumed that
all conduit, back boxes, and cable paths have been provided.
4.6.b
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5- Analytics will be provided for the lobby cameras monitoring the
entrances. The analytics will monitor direction (people entering) and
keep count of people entering. The data will be stored on the NVR.
6- Provide programing, submittals, as build drawings and O&M
manuals.
7- Provide 1 year warranty on all materials provided and installed by
WEST Corp. personnel
Estimated Cost; $21,979.26
Perimeter Alarm System Scope of Work - Revision 1
The newest Amag software has added several functions that have an
affect the Apireo Wireless Locks. The scope of work does not change
the components do change to accomplish the same results.
At the last onsite meeting I was told that all exterior doors need to be
alarmed this will also include rollup doors. The cashier will have panic
buttons to use in emergency situations. There will be 2 alarm key
pads for; arming, disarming, and system status. The system will be
monitored 24/7 by a UL certified alarm monitoring company.
There will be a combination of wireless and hardwired alarm points.
There are areas that are no longer assessable these areas will be
wireless. It is assumed that all conduit, back boxes, and cable paths
have been provided.
The areas of courage;
Main building Sheet A2.2a 11 doors 4 panic buttons
Covered pool Sheet A2.2b 5 doors
Lifeguard building 12 doors - 8 industrial contacts
Pool storage building 4 doors – industrial contacts
Estimated cost; $25,744.79
4.6.b
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Rev3 changes include;
Pool storage building we will run our pipe install back boxes and
terminate to a LAN switch in the building. I will need to finalize this
with the IT contractor.
Add Aperio wireless hubs, Amag EN-LDBU Aperio interface,
additional Aperio programing.
Additional wireless contacts, 12vdc power supplies, additional
cabling, and additional wireless receivers, additional remote Bosch
input modules.
Additional Labor as needed.
Please give me a call with any questions
Thanks
Dan Walsh
4.6.b
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EXHIBIT B
COMPENSATION SCHEDULE
4.6.b
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De
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Total
1
1
AM
A
G
PR
O
-
L
I
C
-
3
2
3
2
C
A
R
D
R
E
A
D
E
R
S
O
F
T
W
A
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$992.50$992.50
2
1
AM
A
G
PR
O
-
L
I
C
-
8
8
C
A
R
D
R
E
D
A
E
R
S
O
F
T
W
A
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E
$248.75$248.75
3
1
AM
A
G
PR
O
C
L
I
E
N
T
C
L
I
E
N
T
/
W
O
R
K
S
T
A
T
I
O
N
S
O
F
T
W
A
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E
$693.75$693.75
4
2
AM
A
G
LO
C
K
-
L
I
C
-
1
6
A
P
E
R
I
O
I
N
T
E
R
F
A
C
E
L
I
C
$1
,
8
1
0
.
0
0
$3,620.00
5 6
8
AM
A
G
83
0
B
K
CA
R
D
R
E
A
D
E
R
$175.00$1,400.00
7
1
AM
A
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G4
T
-
M
2
1
5
0
-
0
0
1
8
H
A
R
D
W
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A
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R
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T
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R
F
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P
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L
$2
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3
6
6
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2
5
$2,366.25
8
2
AL
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1
0
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3
2
/
2
4
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$406.25$812.50
9 10
4
AM
A
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$7,240.00
11
4
AM
A
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TR
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-
7
5
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$75.00$300.00
12 13 14
4
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$330.00$1,320.00
15
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$236.25$3,543.75
16
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$1
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$1,250.00
17
5
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$125.00$625.00
18
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$187.50$375.00
19 20
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$356.25$712.50
21
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22
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$356.25$1,068.75
23
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$187.50$562.50
24 25
1
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$125.00$125.00
26
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27
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$125.00$125.00
28 29 30 31 32 33 34 35 36 37 38 39 40
To
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$28,075.00
To
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Packet Pg. 101
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Total
41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80
To
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$2,596.94
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Packet Pg. 102
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1
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$5,445.00
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$446.25$1,785.00
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$648.75$2,595.00
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$101.25$405.00
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$437.50$437.50
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$2,125.00
8
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$187.50$187.50
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
To
t
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M
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$12,980.00
To
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$7,591.57
To
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$207.68
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$1,200.65
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$21,979.90
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1
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VIDEO REV2 CUST4.6.b
Packet Pg. 103
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Total
41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80
To
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$12,980.00
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$7,591.57
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$207.68
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$1,200.65
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$21,979.90
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11
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2
0
1
6
4
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4
3
P
M
Pa
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2
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3
VIDEO REV2 CUST4.6.b
Packet Pg. 104
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Task Order for the Metropolitan Planning Group
Prepared by: Jeff Baker, Assistant Community Development Director
EXECUTIVE SUMMARY:
The City Council will consider approving a Task Order for the Metropolitan Planning
Group in the amount of $97,550. The Metropolitan Planning Group will assist the
Planning Division Staff with processing the entitlements for the Boulevard project, and
plan check services related to several approved development projects. The work will be
performed in accordance with the terms of the recently approved Consulting Services
Agreement with the firm to provide these types of services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Task Order #1 with the Metropolitan Planning Group
to provide contract planning services.
FINANCIAL IMPACT:
All charges associated with this Task Order will be reimbursed with funds collected from
project applicants in conjunction with the processing of their projects.
DESCRIPTION:
The Community Development Department utilizes consultants on an as-needed basis to
assist staff with overflow work and to provide specific technical expertise. Typical
contract work utilized by the Planning Division include assisting Staff with processing
entitlements, plan check, landscape design review, and other technical expertise.
Following a competitive process, the City Council authorized entering into a Consulting
Services Agreement with the Metropolitan Planning Group on July 19, 2016. Staff is
currently requesting that the City Council approve a Task Order in the amount of
$97,550 for the Metropolitan Planning Group to assist Staff with processing th e
Planning entitlements (i.e. Site Development Review, subdivision maps, etc.) for the
4.7
Packet Pg. 107
Page 2 of 2
Boulevard project, as well as, provide plan check services for the Boulevard, Moller
Ranch/Tassajara Hills, and Kaiser Permanente projects. All work will be performed in
accordance with the existing Consulting Services Agreement.
A Resolution approving Task Order #1 with the Metropolitan Planning Group is included
as Attachment 1 to this Staff Report.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
This Staff Report was posted to the City’s website and provided to the Metropolitan
Planning Group.
ATTACHMENTS:
1. Resolution Approving Task Order #1 for the M-Group
1. Exhibit A - Task Order #1
4.7
Packet Pg. 108
C:\users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\1649.docx
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * *
APPROVING TASK ORDER #1 FOR THE METROPOLITAN PLANNING GROUP TO
PROVIDE CONTRACT PLANNING SERVICES
WHEREAS, the City Council has directed Staff to process development projects
expeditiously and to hire consultants when services are needed; and
WHEREAS, the City Council approved a Consulting Services Agreement with the
Metropolitan Planning Group on July 19, 2016 to provide contract planning services on an as
needed basis;
WHEREAS, the City desires to hire a qualified consultant to assist with processing
Planning entitlements for The Boulevard project and to provide plan check services;
WHEREAS, the Metropolitan Planning Group has provided a scope and a budget to
assist Staff with processing entitlements for The Boulevard project, and to provide plan check
services related to The Boulevard, Moller Ranch/Tassajara Hills, and Kaiser Permanente
projects;
WHEREAS, all charges associated with this Task Order will be reimbursed with funds
collected from project applicants in conjunction with the processing of their projects; and
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby
approve Task Order #1 in the amount of $97,550 for the Metropolitan Planning Group to provide
contract Planning Services, included as Exhibit A; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Task
Order and any minor amendments, attached hereto as Exhibit A, and related Purchase Orders.
PASSED, APPROVED AND ADOPTED this 6th day of December 2016 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Mayor
ATTEST:
4.7.a
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4.7.a
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CITY OF DUBLIN
ON-CALL SERVICES TASK ORDER
TASK ORDER No. 1
Resolution Number: ______
This Task Order is being issued against an on-call services agreement and shall serve as authorization by
the City of Dublin to proceed with work as described in the attached Scope of Work.
Project Name: Contract Planning Services Project Description: The Metropolitan Planning Group will assist the Planning Division Staff with processing the
entitlements for the Boulevard project, and plan check services for the Boulevard, Moller Ranch/Tassajara Hills, and
Kaiser on an as needed basis. All work will be performed in accordance with the existing Consulting Services
Agreement with an effective of June 20, 2016.
Vendor Name: Metropolitan Planning Group
Vendor Contact Name/Phone: Kristi Bascom 510-634-8443
Contract Term: June 30, 2019
Department: Community Development Department
Project Manager Name/Phone: Amy Million
City compensation to Consultant shall not exceed the total listed below for this Task Order, and shall be
made in accordance with the terms and conditions of the Agreement and the attached Project Budget.
Task Order Not-to-Exceed Amount
Authorized
Task Order #1 $97,550
Previously Authorized, to date (preceding task orders) $ 0
Subtotal of all Task Orders Authorized /Total Contract Not-to-Exceed $ 97,550
Authorized by: ____________________________________________ Date: ____________________
(Chris Foss, City Manager)
This Task Order hereby incorporates, by reference, the attached Scope of Work and Project Budget. In
addition, this Task Order hereby incorporates, by reference, all terms and conditions set forth in the
Agreement. Upon agreement by both City and Consultant, any substantive changes to the timeline, Project
Budget amount, or Scope of Work will need to be approved in writing and will result in a revised Task Order
issued.
4.7.b
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M-GROUP.us • 22561 Main Street, Suite 200 • Hayward, CA 94541 • 510.634.8443 • a new design on urban planning
METROPOLITAN PLANNING GROUP
November 22, 2016
Mr. Jeff Baker
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Jeff,
As requested, below is a summary and budget estimate for planning services that are expected
to be provided to the City of Dublin by M‐Group in accordance with our executed Consultant
Services Agreement.
The approximate number of hours are from today’s date forward through consideration of the
project by the decision‐making authority.
Project Planning services
provided
M‐Group staff
person
Approximate
number of
hours
Approximate
budget
Boulevard
SDR/VTM
(Phases 2/3)
Assist with project
management and
entitlement processing
Kristi Bascom
(Principal)
120 $22,800
Boulevard
SDR/VTM
(Phases 4/5)
Assist with project
management and
entitlement processing
Kristi Bascom
(Principal)
160 $30,400
Total project budget estimates 290 $53,200
Please let me know if any additional information or more detail is needed.
Sincerely,
Kristi Bascom
Principal
4.7.b
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M-GROUP.us • 22561 Main Street, Suite 200 • Hayward, CA 94541 • 510.634.8443 • a new design on urban planning
METROPOLITAN PLANNING GROUP
November 22, 2016
Mr. Jeff Baker
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Jeff,
As requested, below is a summary and budget estimate ‐ broken down by project ‐ for plan check and
project implementation services that can be provided to the City of Dublin by M‐Group in accordance
with our executed Consultant Services Agreement.
Project Planning services provided M‐Group staff
person
Approximate
number of
hours 11/1/16
to 6/30/17
Approximate
budget
Kaiser Dublin
Medical Center
(Phase 1A)
Plan check, MMRP compliance, and
project implementation.
Kristi Bascom
(Principal)
20 $3,800
Boulevard
(Phase 1)
Continued plan check, MMRP
compliance, and project
implementation
Kristi Bascom
(Principal) and
Sarah Filipe
(Assistant Planner)
30
30
$5,700
$2,700
Boulevard
(Phases 2/3)
Plan check, MMRP compliance, and
project implementation
Kristi Bascom
(Principal) and
Sarah Filipe
(Assistant Planner)
40
80
$7,600
$7,200
Boulevard
(Phases 4/5)
Plan check, MMRP compliance, and
project implementation
Kristi Bascom
(Principal) and
Sarah Filipe
(Assistant Planner)
40
80
$7,600
$7,200
Moller Ranch/
Tassajara
Highlands
Plan check for 3 neighborhoods and
recreation center
Sarah Filipe
(Assistant Planner)
30 $2,550
Total project budget estimates 350 $44,350
Please let me know if any additional information or more detail is needed.
Sincerely,
Kristi Bascom
Principal
4.7.b
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Fiscal Year 2016-17 1st Quarter Financial Review, and Resolution
Amending the Position Allocation Plan
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will receive a financial report through the first quarter for Fiscal Year
2016-17 and consider amendments to the Fiscal Year 2016-17 Budget via a budget
change. The City Council will also consider approval of a resolution amending the City’s
Position Allocation Plan to account for an increase by 0.25 in the full-time equivalent
(FTE) position count.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the City of Dublin Position Allocation Plan for Fiscal
Year 2016-17.
FINANCIAL IMPACT:
Approval of the budget change will result in the addition of $905,876 to the General
Fund property tax revenue budget, and will increase General Fund expenditures
$6,818. Total General Fund reserves are projected at $106,998,130 by June 30, 2017.
This report also contains various budget changes in other funds requiring City Council
approval, and confirms changes to the list of out-of-state business trips taken by Staff
through December 2016.
Approval of the amendment to the City’s position allocation plan will add 0.25 FTEs to
the position plan, to account for the net change of replacing the Finance Technician II
(0.75 FTE) with a Finance Technician I (1.0 FTE) position. There are sufficient funds in
the Fiscal Year 2016-17 Adopted Budget to cover the minimal increase in costs for the
remainder of the year. If approved, the additional cost of approximately $17,000 per
year will be incorporated into the ongoing budget process.
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DESCRIPTION:
The focus of this report is to update Council on the status of the Fiscal Year 2016-17
General Fund Amended Budget, including on overview on all proposed changes and
their impact on total reserves. As a reminder, the Amended Budget includes budget
amendments already approved by the City Council since July 1, as well as carry-over
budgets from Fiscal Year 2015-16. The Budget Change Form (Attachment 5) lists all
new amendments needing approval in the General Fund as well as in other funds.
FY 2016-17: Projected Results (Attachment 1)
General Fund revenues are projected to come in $905,876 higher than the Amended
Budget due primarily to an increase in property tax revenue, based on the most recent
information provided by Alameda County and the City’s property tax consultant. On the
expenditure side, the City’s contract with the County for Animal Control Services is
increasing $6,818 over the original estimate.
After incorporating those changes, total reserves are projected to decrease $2,166,897
from the prior year, as illustrated in the table below. The primary reason for the
decrease is the planned spending down of committed reserves, as shown in the
General Fund Reserves Summary (Attachment 2).
Total Reserves, Compared to FY 2015-16 and FY 2016-17 Amended Budget
Actual
2015-16
Amended
2016-17
1st Quarter
Changes
1st Quarter
Projection
2016-17
Revenue 82,916,416$ 77,406,273$ 905,876$ 78,312,149$
Expenditures (69,048,878)$ (71,691,291)$ 6,818$ (71,698,109)$
Transfers Out (2,409,006)$ (8,780,937)$ (8,780,937)$
Year End Reserves 109,165,026$ 106,099,071$ 106,998,130$
Change to Reserves from Prior Year (3,065,955)$ (2,166,897)$
Administrative Items (No Budget Impact)
a) Approve an amendment to the City’s Position Allocation Plan (Attachment 3) to
decrease the Finance Technician II position (0.75 FTE), and replace it with a
Finance Technician I position at 1.0 FTE, upon the backfilling of a vacancy
created by a retirement. The restoration of these hours will help balance
workloads in the Administrative Services Department and allow for an expansion
of duties in the Finance Division. It is anticipated that the position will be filled for
the last five months of the current fiscal year; therefore there are sufficient funds
in the existing operating budget to cover the increased cost. The estimated
annual impact beginning Fiscal Year 2017-18 is $17,000.
b) Out-of-State Travel Changes:
Replacement of the City Manager with the Assistant to the City Manager at
the International City/County Management Association Annual Conference in
Kansas City, MO in September 2016.
Director of Economic Development at the 3CMA Conference (City/County
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Communications and Marketing Association) in San Antonio, TX in
September 2016.
Non-General Fund Items
In addition to the changes to the General Fund, there are various budget amendments
in other funds that require City Council approval:
1. Budget adjustments, Non-General Fund:
a) Appropriate $5,300 in the Equipment Replacement Fund to purchase hand-held
radar units for police services.
b) Appropriate $20,000 in the Equipment Replacement Fund to purchase upgraded
network switches and a firewall in the information systems data center at the
Civic Center.
c) Appropriate $657.19 in Mitigation Funds for the St. Patrick Way Project
(ST0494).
d) Replace $3,617.02 in funding from the Traffic impact Fees Fund to Mitigation
Funds for the Dublin Blvd. - Sierra Court Project (ST1012).
10-Year Forecast
Staff has updated the General Fund 10-Year Forecast to reflect the numbers shown in
this report, and to include updated trends in the following other revenue categories:
Other Taxes (Transient Occupancy Taxes and Gas, Garbage, and Cable Franchise
fees); Other Licenses and Permits (business license fees, and revenue from ongoing
permit activity); and Interest Income. Staff has not made changes to development
assumptions and has not included a recessionary scenario. The potential expansion of
Police Services is also not included in the Forecast at this point.
The incorporation of the revenue growth into the Forecast results in a projected deficit of
$1.3 million by Fiscal Year 2021-22, which is one year later than was reflected in the
prior Forecast. The deficit is now projected to grow to $5.6 million by Fiscal Year 2024-
25 (see chart below).
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General Fund 10-Year Forecast (in thousands)
Staff will continue refining the Forecast to reflect the most current information.
Additionally, beginning in January 2017, Staff will be working with the newly formed
Fiscal Sustainability Task Force to identify potential solutions for the City Council to
consider in future budget cycles. Another updated Forecast will be provided to the City
Council as part of the Fiscal Year 2016-17 Quarter 2 Financial Review.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. General Fund Summary, Fiscal Year 2016-17 Quarter 1
2. General Fund Reserves, Fiscal Year 2016-17 Quarter 1
3. Resolution Amending the City of Dublin Position Allocation Plan
4. Exhibit A to the Resolution
5. Budget Change Form
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GENERAL FUND SUMMARY ATTACHMENT 1
FY 2016‐17 QUARTER 1
Actual
2015‐16
Adopted
2016‐17
Amended
2016‐17
Quarter 1
Changes
Proposed
Amended
2016‐17
Revenues
Property Taxes 33,598,601 35,182,061 35,182,061 905,876 36,087,937
Sales Taxes 20,938,826 20,666,260 20,666,260 20,666,260
Development Revenue 10,562,963 8,568,899 8,568,899 8,568,899
Other Taxes 6,606,016 5,465,000 5,465,000 5,465,000
Licenses & Permits 310,286 292,140 292,140 292,140
Fines & Penalties 116,016 109,932 109,932 109,932
Interest 2,937,978 465,880 465,880 465,880
Rentals and Leases 1,114,747 1,033,488 1,033,488 1,033,488
Intergovernmental 324,075 198,618 198,618 198,618
Charges for Services 5,396,964 4,838,466 4,838,466 4,838,466
Community Benefit Payments 424,000 100,000 100,000 100,000
Other Revenue 585,944 256,344 485,529 485,529
Total Revenues 82,916,416 77,177,088 77,406,273 905,876 78,312,149
Expenditures
Salaries & Wages 9,437,426 11,100,241 11,100,241 11,100,241
Benefits 4,172,485 5,707,982 5,957,982 5,957,982
Services & Supplies 1,875,458 2,946,394 2,926,297 2,926,297
Internal Service Fund Charges 2,637,354 3,065,342 3,040,284 3,040,284
Utilities 1,723,204 2,248,261 2,248,261 2,248,261
Contracted Services 39,869,473 43,297,583 44,380,226 6,818 44,387,044
Capital Outlay 133,477 719,801 1,070,238 1,070,238
Interest & Other ‐ 989,112 967,762 967,762
Contribution to OPEB/PERS 9,200,000 ‐ ‐ ‐
Total Expenditures 69,048,878 70,074,716 71,691,291 6,818 71,698,109
Operating Impact 13,867,538 7,102,372 5,714,982 899,058 6,614,040
Transfers Out (2,409,006) (759,510) (8,780,937) (8,780,937)
Impact on Total Reserves 11,458,531 6,342,862 (3,065,955) 899,058 (2,166,897)
4.8.a
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GENERAL FUND RESERVES ATTACHMENT 2
FY 2016‐17 QUARTER 1
Reserve Balances
Actual
2015‐16
Increase
2016‐17
Decrease
2016‐17
NET
CHANGE
Actual
2016‐17
Non‐Spendable 717,698 ‐ (389,265) (389,265) 328,433
Prepaid Expenses 27,080 ‐ 27,080
Cemetery Endowment 60,000 ‐ 60,000
Advance to Public Facility Fees ‐ ‐ ‐
Advance to Fire Impact Fee 80,672 ‐ 80,672
Advance to PERS Side Fund 549,946 (389,265) (389,265) 160,681
Restricted 579,000 ‐ ‐ ‐ 579,000
Heritage Park Maintenance 500,000 ‐ 500,000
Developer Contr ‐ Nature Pk 60,000 ‐ 60,000
Developer Contr ‐ Heritage Pk 19,000 ‐ 19,000
Committed38,928,756 ‐ (6,577,163) (6,577,163) 32,351,593
Economic Stability 8,000,000 ‐ 8,000,000
Downtown Public Impr 1,000,000 ‐ 1,000,000
Economic Development 1,000,000 ‐ 1,000,000
Emergency Communications 741,000 ‐ 741,000
Fire Svcs OPEB 3,004,000 ‐ 3,004,000
Innovations & New Opport 2,122,785 ‐ 2,122,785
One‐Time Initiative 1,341,408 ‐ 1,341,408
Specific Committed Reserves
Emerald Glen Aquatic Complex 3,000,000 (3,000,000) (3,000,000) ‐
Maintenance Facility 215,101 (215,101) (215,101) ‐
Cemetery Expansion 5,272,210 ‐ 5,272,210
Fallon Sports Park 2,000,000 (1,800,000) (1,800,000) 200,000
Civic Ctr Expansion 27,773 (27,773) (27,773) ‐
Storm Drain Capture 546,878 (546,878) (546,878) ‐
Shannon Center Parking Lot 987,410 (987,410) (987,410) ‐
Utility Undergrounding 1,170,190 ‐ 1,170,190
Advance to Public Facility Fee 6,000,000 ‐ 6,000,000
Dublin Sports Ground 2,500,000 ‐ 2,500,000
Assigned39,053,695 ‐ (2,840,487) (2,840,487) 36,213,208
Accrued Leave 988,708 ‐ 988,708
Operating Carryovers 1,612,658 (1,612,658) (1,612,658) ‐
CIP Carryovers 1,227,829 (1,227,829) (1,227,829) ‐
Non‐Streets CIP Commitments 3,879,516 ‐ 3,879,516
Catastrophic Loss 11,368,531 ‐ 11,368,531
Service Continuity 3,000,000 ‐ 3,000,000
Pension & OPEB 10,614,353 ‐ 10,614,353
Fiscally Responsible Adj 325,000 ‐ 325,000
Municipal Regional Permit 2,225,000 ‐ 2,225,000
HVAC Replacement 1,000,000 ‐ 1,000,000
Relocate Parks Dept 250,000 ‐ 250,000
Specific Assigned Reserves
Civic Ctr Renovation‐Police 1,962,100 ‐ 1,962,100
Contribution to ISF ‐ ‐ ‐
Fire Equipment Replacement 600,000 ‐ 600,000
Unassigned29,885,877 9,806,915 (2,166,897) 7,640,019 37,525,896
Unassigned‐Unrealized Gains (2,197,354) ‐ (2,197,354)
Unassigned (Available)32,083,231 39,723,250
TOTAL RESERVES 109,165,026 9,806,915 (11,973,811) (2,166,896) 106,998,130
4.8.b
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RESOLUTION NO. - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING THE CITY OF DUBLIN POSITION ALLOCATION PLAN
FOR FISCAL YEAR 2016-2017
WHEREAS, at the Budget Hearing on June 7, 2016, the City Council adopted the
position allocation plan for Fiscal Year 2016-2017; and
WHEREAS, it is necessary to periodically amend and update the Position Allocation
Plan; and
WHEREAS, an updated Position Allocation Plan for Fiscal Year 2016-2017 (Exhibit A) is
attached reflecting the following changes:
DEPARTMENT CHANGE
Administrative Services
Finance Technician II Decrease 0.75
Finance Technician I Increase 1.00
NOW, THEREFORE, BE IT RESOLVED that the City Council approved the updated
Position Allocation Plan for Fiscal Year 2016-2017 as attached.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
4.8.c
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FY 16-17 POSITION ALLOCATION PLAN UPDATE EXHIBIT A
CITY POSITIONS
Department / Classification
Adopted
2016-17
Update
2016-17 Change
City Manager
City Manager 1.00 1.00
Assistant City Manager 1.00 1.00
Assistant to the City Manager 0.34 0.34
Executive Aide 1.00 1.00
Senior Office Assistant 1.00 1.00
Total 4.34 4.34
City Clerk
City Clerk/Records Manager 1.00 1.00
Deputy City Clerk 1.00 1.00
Office Assistant I (2Yr Limited Term)1.00 1.00
Total 3.00 3.00
Human Resources
Human Resources Director 1.00 1.00
Management Analyst II 1.00 1.00
Senior Office Assistant 0.50 0.50
Total 2.50 2.50
Administrative Services
Administrative Services Director 1.00 1.00
Accountant 1.00 1.00
Administrative Technician 1.00 1.00
Asst. Admin. Services Dir./Budget 1.00 1.00
Finance Technician I 1.00 1.00
Finance Technician II 1.75 1.00 (0.75)
Financial Analyst 1.00 1.00
GIS Coordinator 1.00 1.00
Information Systems Manager 1.00 1.00
Information Systems Technician I/II 2.00 2.00
Senior Account 1.00 1.00
Total 11.75 12.00 0.25
Non-Departmental
Assistant to the City Manager 0.66 0.66
Total 0.66 0.66
Economic Development
Economic Dev Dir/PIO 1.00 1.00
Management Analyst I 1.00 1.00
Management Analyst II 1.00 1.00
Senior Office Assistant 0.50 0.50
Total 3.50 3.50
4.8.d
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FY 16-17 POSITION ALLOCATION PLAN UPDATE EXHIBIT A
CITY POSITIONS
Department / Classification
Adopted
2016-17
Update
2016-17 Change
Community Development
Community Development Director 1.00 1.00
Administrative Aide 1.00 1.00
Administrative Technician 1.00 1.00
Assistant Planner 1.00 1.00
Associate Planner 1.00 1.00
Asst. Director of Community Dev.1.00 1.00
Chief Building Official 1.00 1.00
Housing Specialist 1.00 1.00
Office Assistant II 2.45 2.45
Permit Technician 2.00 2.00
Plan Check Engineer 1.00 1.00
Principal Planner 1.00 1.00
Secretary 1.00 1.00
Senior Code Enforcement Officer 1.00 1.00
Senior Planner 1.00 1.00
Senior Planner (4 Yr Limited Term)1.00 1.00
Total 18.45 18.45
Fire Department
Office Assistant II 1.00 1.00
Total 1.00 1.00
Police Department
Administrative Aide 2.00 2.00
Office Assistant II 2.00 2.00
Total 4.00 4.00
Parks & Community Services
Parks & Community Svcs Director 1.00 1.00
Administrative Technician 1.00 1.00
Asst. Parks & Comm Services Dir.1.00 1.00
Graphic Design & Comm Coordinator 1.00 1.00
Heritage & Cultural Arts Manager 1.00 1.00
Heritage Center Director 1.00 1.00
Management Analyst I 1.00 1.00
Office Assistant I/II 2.10 2.10
Parks & Comm Svcs Business Manager 1.00 1.00
Recreation Coordinator 6.00 6.00
Recreation Supervisor 5.00 5.00
Recreation Technician 2.00 2.00
Senior Office Assistant 2.00 2.00
Total 25.10 25.10
4.8.d
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FY 16-17 POSITION ALLOCATION PLAN UPDATE EXHIBIT A
CITY POSITIONS
Department / Classification
Adopted
2016-17
Update
2016-17 Change
Public Works
Public Works Director 1.00 1.00
Administrative Aide 1.00 1.00
Assistant Civil Engineer 1.00 1.00
Assistant Public Works Dir/City Engineer 1.00 1.00
Associate Civil Engineer 1.00 1.00
Environmental Coordinator 1.00 1.00
Environmental Technician 1.00 1.00
Facilities Development Manager 1.00 1.00
Management Analyst II 1.00 1.00
Office Assistant II 1.45 1.45
Parks & Facilities Dev. Coordinator 1.00 1.00
Parks & Facilities Dev. Coordinator
(Limited Term)1.00 1.00
Public Works Inspector 2.00 2.00
Public Works Manager (Maint)1.00 1.00
Public Works Trans/Ops Manager 1.00 1.00
Senior Civil Engineer 2.00 2.00
Senior Management Analyst
Senior Office Assistant 1.00 1.00
Total 19.45 19.45
GRAND TOTAL - ALL CITY POSITIONS 93.75 94.00 0.25
4.8.d
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount
6305.1901.72102 $5,300.00
6305.1901.72102 $20,000.00
ST0494.9100.9101 (St.Patrick Way)$657.19
ST0494.4309 (4309.9601.89101)-
Transfers Out
$657.19
3600.9601.49999 - Transfers In $657.19
ST1012.4309 (4309.9601.89101)
Transfers Out
$3,617.02
ST1012.4302 (4302.9601.89101)
Transfers Out
($3,617.02)
1001.2701.64014 $6,818.00
1001.0000.41101 $905,876.00
12/6/2016
Posted By:Date:
Utilization of mitigation funds collected for specific CIPs
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
ISF Equipment Fund - Non-Dept - Equipment-ISF
Mitigation Fund -Street CIPs
General Fund - Property Taxes - Current SecuredHigher than estimated property taxes
City Council's Approval Required
Replacement of police handheld radar units ($5,300) and
network switches and firewall at the Civic Center ($20,000).
Final animal control contract cost is higher than the
preliminary submitted by the County
General Fund - Animal Control - Animal Shelter Contract
Services
ATTACHMENT 4
G:\Budget Changes\9_2016-17\CC Approval\10_Q1 Budget Adj_120616 10_Q1 Budget Adj_120616
4.8.e
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Notice of Pending Decision on Final Maps for Tract 8306, Tract 8307, and
Tract 8308
Prepared by: Andrew Russell, City Engineer
EXECUTIVE SUMMARY:
In accordance with Chapter 9.24.80 of the Dublin Municipal Code, the City Council is
hereby notified of the City Engineer’s pending approval of the Final Maps for Tract
8306, Tract 8307, and Tract 8308, located at the Boulevard development on Camp
Parks, within the Dublin Crossing Specific Plan Area. The City Engineer shall approve
the Final Map within 10 days following this notification.
STAFF RECOMMENDATION:
Receive the notification.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice
of the following:
☐ City Engineer’s receipt of the following Final Map(s) for review:
☒ City Engineer’s pending decision on the following Final Map(s):
Tract Location Developer Number of
Units/Lots
Type Proposed
Decision
8306 Boulevard (Dublin
Crossing)
CalAtlantic Group
Inc.
169 Units on
22 Lots
Condominium Approve
8307 Boulevard (Dublin
Crossing)
Brookfield Wilshire,
LLC
75 Units on 10
Lots
Condominium Approve
8308 Boulevard (Dublin
Crossing)
Brookfield Bay
Area Holdings, LLC
45 Units on 45
Lots
Single-Family
Detached
Approve
4.9
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Page 2 of 2
The developer, via communication dated November 30, 2016 to the City Engineer, has
agreed to continue to pursue the formation of a Community Facilities District (CFD) for
services for the entire Dublin Crossing Specific Plan area, including the areas within the
final maps listed above. The CFD for services will fund the City of Dublin ownership
and maintenance of public street lights and public street median landscaping.
ATTACHMENTS:
1. Copy of Final Map for Tract 8306
2. Copy of Final Map for Tract 8307
3. Copy of Final Map for Tract 8308
4.9
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal
Code Pertaining to the City’s Conflict of Interest Code
Prepared by: John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
The City Council will consider adoption of an ordinance amending the City of Dublin
Conflict of Interest Code. This is the second reading of this ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin
Municipal Code Relating to the City’s Conflict of Interest Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act prohibits certain public officials from being involved in decision-
making that will have an impact on their private financial interests. In addition, it
requires certain public officials to file a Statement of Economic Interests publicly
disclosing their private financial interests. The Act also makes the City responsible for
adopting a Conflict of Interest Code identifying those positions that must file Statements
of Economic Interest.
The Act requires the City to review its Conflict of Interest Code biennially to determine
whether amendments to the Code are required. (See Gov. Code, § 87306.5). The City’s
Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The City’s
Code identifies all positions within the City that participate in the making of
governmental decisions. These designated positions are required to disclose certain
financial interests under state law. The last amendments to the City’s Code were
adopted on December 2, 2014.
The City Council is the code reviewing body for City agencies. Pursuant to Government
Code Section 87306.5, City departments must determine whether amendments to the
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Code are necessary and notify the City Council whether or not such amendments are
required. (See Gov. Code, §§ 82011(c), 87306.5.)
On November 15, 2016, Staff presented, and the City Council introduced an ordinance
that would make the following changes to Chapter 2.24:
1. Replace Chapter 2.24 of the Dublin Municipal Code in its entirety with a new
Chapter 2.24 that incorporates by reference the terms and provisions of the Fair
Political Practices Commission’s model Conflict of Interest Code (FPPC Reg., §
18730).
2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated
Positions,” to add twelve City positions that have been determined by Staff to
“make or participate in the making of governmental decisions.” These positions
(and the associated disclosure categories) are:
a. Administrative Services Director/Director of Finance (disclosure category
3)
b. Associate Civil Engineer (disclosure category 1)
c. Code Enforcement Officer (disclosure category 1)
d. Environmental Coordinator (disclosure category 1)
e. Housing Specialist (disclosure category 1)
f. Recreation Supervisor (disclosure category 2, 3)
g. Senior Management Analyst (disclosure category 3)
h. Senior Civil Engineer (disclosure category 1)
i. Senior Code Enforcement Officer (disclosure category 1)
j. Senior Plan Checker (disclosure category 1)
k. Senior Planner (disclosure category 1)
3. Remove from the “Designated Positions” list the City positions that have been
determined by Staff to not “make or participate in the making of governmental
decisions.” These positions are:
a. Budget Manager
b. Finance Manager
c. Parks and Community Services Manager
d. Special Projects Manager
4. Amend the Disclosure Category assigned to the position, Assistant
Administrative Services Director/Budget, from 1 to 3. This position does not
participate in decisions affecting real property and therefore should not be
required to disclose interests in real property under Disclosure Category 1.
5. Amend Section 2.24.030 entitled, Disclosure statements, by deleting Disclosure
Categories 4, 5, and 6. No designated positions are assigned to any of these
three Disclosure Categories.
The City’s amended code will not be effective until it has been adopted by the City
Council. (See Gov. Code § 87303.)
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Staff recommends that the City Council waive the reading and adopt the ordinance
amending the Conflict of Interest Code consistent with the changes described above.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not required.
ATTACHMENTS:
1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the
City’s Conflict of Interest Code
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE CITY’S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act located at Government Code Section 81000
et seq., requires every local government agency to review its Conflict of Interest Code
biennially to determine whether amendments to the Code are required; and
WHEREAS, following review of the code, it was determined that the
amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
Section 1. Chapter 2.24 of the Dublin Municipal Code is hereby deleted in its entirety
and replaced with a new Chapter 2.24 to read as follows:
2.24.010 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the following
provisions constitute the Conflict of Interest Code for the City of Dublin. Nothing
contained herein is intended to modify or abridge the provisions of the Political Reform
Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of
this Code are additional to Government Code Section 87100 et seq., and other laws
pertaining to conflicts of interest.
2.24.015 Incorporation of Model Code.
The terms and provisions of 2 California Code of Regulations Section 18730 and any
amendments to it, duly adopted by the Fair Political Practices Commission, are hereby
incorporated herein by reference.
2.24.020 Designated Positions.
The positions listed in this Section 2.24.020 are designated positions, and this section is
hereby deemed the Appendix referenced in the provisions incorporated section
2.24.015. Officers and employees holding those positions are designated public
officials, and are deemed to make, or participate in the making of, decisions which may
foreseeably have a material financial effect on a financial interest of the designated
public official. Each designated public official shall file an annual statement disclosing
that public official’s interests as required by the disclosure category applicable to that
public official.
Designated Position Disclosure Category
Administrative Services
Director/Director of Finance
3
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Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Assistant Director of
Administrative Services/Budget
3
Assistant Director of Community
Development
1
Assistant Director of Parks &
Community Services
2,3
Associate Civil Engineer 1
Chief Building Official 1
City Clerk/Records Manager 3
City Engineer 1
Code Enforcement Officer 1
Community Development Director 1
“Consultant”* as defined in FPPC
Reg. sect. 18700.3
1
Economic Development
Director/Public Information Officer
1
Environmental Coordinator 1
Heritage and Cultural Arts
Manager
1
Housing Specialist 1
Human Resources Director 3
Information Services Manager 3
Parks & Community Services
Director
1
Plan Check Engineer 1
Planning Manager 1
Principal Planner 1
Public Works Director/Assistant
City Engineer
1
Public Works Manager 1
Public Works Transportation and
Operations Manager
1
Recreation Supervisor 2,3
Senior Management Analyst 3
Senior Building Inspector 1
Senior Civil Engineer 1
Senior Code Enforcement Officer 1
Senior Management Analyst 3
Senior Plan Checker 1
Senior Planner 1
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*Consultants/New Positions shall be included in the list of designated employees and
shall disclose pursuant to the terms of the Disclosure Category 1, subject to the
following limitation:
The City Manager may determine in writing that a particular consultant or new position,
although a “designated position,” is hired to perform a range of duties that is limited in
scope and thus is not required to fully comply with the disclosure requirements in this
chapter. Such a written determination shall include a description of the consultant’s or
new position’s duties and, based upon that description, a statement of the extent of the
disclosure requirements. The City Manager’s determination is a public record and shall
be retained for public inspection in the same manner and location as this conflict of
interest code. (Gov. Code Section 81008.)
2.24.030 Disclosure statements.
Designated positions shall be assigned to one (1) or more disclosure categories set
forth in this section. The disclosure categories shall be specifically described as set forth
in this section. Each employee or officer holding a designated position shall file
statements disclosing that employee’s or officer’s interests in investments, real property,
income and positions of management designated as reportable under the category to
which the employee’s or officer’s position is assigned at the time, place and in the
manner as hereinafter provided.
A. Disclosure Category 1. Interests in real property located within the city or within two
(2) miles of the boundaries of the city or within two (2) miles of any land owned or used
by the city; and investments and business positions in business entities, and income,
including loans, gifts, and travel payments.
B. Disclosure Category 2. Interests in real property located within the city or within two
(2) miles of the boundaries of the city or within two (2) miles of any land owned or used
by the city.
C. Disclosure Category 3. Investments and business positions in business entities,
and income, including loans, gifts, and travel payments, from sources that provide
services, supplies, materials, machinery, or equipment of the type utilized by the city.
Section 2. Severability. 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 3. Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
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Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
Caroline Soto, City Clerk
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
City Council Chamber Renovations
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a budget change to the Civic Center
Modification Design & Construction Project (CIP No. GI4099) based on updated
construction cost estimates for the City Council chamber renovations, approve a related
amendment to the Swatt I Miers contract for design work, and authorize the City
Manager to purchase furniture.
STAFF RECOMMENDATION:
1) Approve a budget change for the Civic Center Modification Design & Construction
Project (CIP No. GI4099); 2) Adopt the Resolution Approving an Amendment to the
Consulting Services Agreement with Swatt I Miers Architects for Design Services for the
Civic Center Modification Design & Construction Project; and 3) Adopt a Resolution
Authorizing the City Manager to Purchase Furniture for the Civic Center Modification
Design & Construction Project.
FINANCIAL IMPACT:
Cost estimates for the project have been refined and exceed the current project budget.
For the design work, the existing Agreement with Swatt I Miers Architects is for a not-to-
exceed amount of $69,940. This Amendment and related budget change will increase
the Agreement by $16,000 for a not-to-exceed amount of $85,940. The construction
costs are estimated to be $122,000 more than what was budgeted in 2014, for a total
construction budget of approximately $377,000. In addition, Staff is recommending
other improvements to the Chamber in the amount of $150,000. A budget change will
be required and sufficient funds are available in the Cable TV Facilities Fund to cover
the adjustments to the project budget.
DESCRIPTION:
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On November 4, 2014, the City Council appropriated $325,000 in funding to the Civic
Center Modification Design & Construction Project (CIP No. GI4099) for the City Council
Chamber renovation work. Following that appropriation, the City conducted an RFP
process and selected Swatt I Miers Architects for the design services on October 6,
2015. Swatt’s design services were for a not-to-exceed amount of $69,940. The
Agreement with Swatt was subsequently extended by the City Council on September
20, 2016 through the end of this fiscal year.
Swatt has refined the scope of work for the project and has included upgrades to the
audio/visual and lighting, changes to the dais, replacement of the public podium and
modifications to the staff podium. Additionally, the scope includes changes to the wall
and ceiling finishes for acoustical and aesthetic needs.
In light of the other improvements being made, Staff determined that it would be an
appropriate time to also make other updates to the City Council Chamber to improve its
visual appeal for televised City Council meetings. Staff is recommending an increase to
the project budget to purchase new auditorium seating, replace the carpeting and
related carpentry work. The purchases would be made in compliance with the City
Municipal Code, including the requirements for competitive bidding. Staff is
recommending that the City Council give the City Manager the authority, up to
$100,000, to make the auditorium seating purchase via a cooperative purchasing
agreement (such as that offered through the National Joint Powers Alliance).
In summary, Staff is seeking to amend the project budget by $288,000 to cover the
construction estimate ($122,000), new proposed improvements to the Chamber by Staff
($150,000), as well as additional design work ($16,000) by Swatt for the refined scope
and proposed new improvements.
Should the City Council approve the requested amendments and authorization to the
City Manager, it is expected that new proposed improvements would be complete prior
to the summer break. The upgrades to the audio/visual and lighting, changes to the
dais, replacement of the public podium and modifications to the staff podium, as well as
wall and ceiling finishes would occur most likely during the summer break period.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
ATTACHMENTS:
1. Resolution Approving an Amendment to the Consulting Services Agreement with
Swatt I Miers Architects
2. Exhibit A to the Resolution - Second Amendment to the Consulting Services
Agreement with Swatt I Miers Architects
3. Resolution Authorizing the City Manager to Purchase Furniture for the Civic Center
Modification Design & Construction Project
4. Budget Change Form
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RESOLUTION NO. XX-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH SWATT I MIERS ARCHITECTS
FOR DESIGN SERVICES FOR THE CIVIC CENTER MODIFICATION DESIGN &
CONSTRUCTION PROJECT
WHEREAS, on October 6, 2015, the City entered into a Consulting Services Agreement
with Swatt I Miers Architects to provide design services for the Civic Center Modification Design
& Construction Project (GI4099); and
WHEREAS, on September 20, 2016, the City Council approved a First Amendment with
Swatt I Miers Architects to extend the term of the Agreement to June 30, 2017; and
WHEREAS, the existing Agreement with Swatt I Miers Architects is $69,940, and Staff is
seeking City Council approval to increase the existing Agreement by $16,000 to cover
reconfiguration of the project and additional design work for a total not to exceed amount of
$85,940.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Second Amendment to the Consulting Services Agreement between the
City of Dublin and Swatt I Miers Architects for design services for the Civic Center Modification
Design & Construction Project (GI4099); and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment, attached hereto as Exhibit A to this Resolution, in substantially the form attached
with such changes as are deemed appropriate by the City Manager.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
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SECOND AMENDMENT TO
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
SWATTǀMIERS ARCHITECTS
WHEREAS, on October 6, 2015, the City of Dublin (“CITY”) and SwattIMiers Architects
(“Consultant”) entered into a Consultant Services Agreement (“Agreement”); and
WHEREAS, on September 20, 2016, the City entered into a First Amendment to extend
the Term of Services until June 30, 2017; and
WHEREAS, the City and Consultant mutually desire to increase Compensation to a sum
not to exceed Eight-five Thousand Nine Hundred Forty dollars ($85,940), which is an increase
of Sixteen Thousand dollars ($16,000) from the initial Agreement dated October 6, 2015.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Agreement is amended as follows:
1) Section 2. Compensation shall be rescinded in its entirety and replaced with the
following:
2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
Eight-five Thousand Nine Hundred Forty dollars ($85,940), 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.
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) Except to the extent inconsistent with this Second Amendment, City and Consultant
ratify and confirm all of the terms and conditions of the Agreement and its First Amendment.
3) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for the
amended term, as described above.
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RESOLUTION NO. XX-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
AUTHORIZING THE CITY MANAGER TO PURCHASE FURNITURE FOR THE CIVIC
CENTER MODIFICATION DESIGN & CONSTRUCTION PROJECT
WHEREAS, the Civic Center Modification Design & Construction Project (GI4099)
includes the purchase of new furniture; and
WHEREAS, the City seeks to procure furniture outside of construction contracts where it
makes financial and operational sense to do so; and
WHEREAS, the City Manager’s purchasing authority for general services, supplies, and
equipment is limited to less than $45,000; and
WHEREAS, the purchase of auditorium seating for the Project will exceed the City
Manager’s purchasing authority.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager to purchase furniture for the Civic Center Modification
Design & Construction Project (GI4099) up to $100,000.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
GI4099.9200.9201 - Contract Services General $16,000
GI4099.9400.9401 - Improvements - Not Bldg $272,000
3300.9301.49999 (Transfers In)$288,000
GI4099.2811 (2811.9301.89101) - Transfers
Out $288,000
12/6/2016
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Increase in Swatt I Miers Architects consulting services cost due to change in scope of services and additional renovation work
to the Council Chamber
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: Cable TV Facilities Fund - General Improve. - Civic Center
ModificationFund - Program - Account Description
City Council's Approval Required
G:\Budget Changes\9_2016-17\CC Approval\08_gi4099 CC Chamber Mod_120616 08_gi4099 CC Chamber Mod_120616
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Downtown Development Pool Implementation
Prepared by: Linda Smith, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will consider options related to the implementation of the City's
Downtown Development Pool. This item is being brought back to the City Council at
their request.
STAFF RECOMMENDATION:
Consider the options presented and provide direction to Staff.
FINANCIAL IMPACT:
None
DESCRIPTION:
The City of Dublin, as part of the Downtown Dublin Specific Plan, holds a Development
Pool of units and square footage to allocate within the Plan area. Currently, Staff
presents a letter request to the City Council from the applicant to make a reservation of
residential units or square footage from the Development Pool. The report would
typically include an initial offer related to the Community Benefit for the project. The
City Council is then asked to “reserve” units or square footage from the Development
Pool for that project for a period of time in order to give the applicant some certainty that
the units or square footage will be there when their project is formally presented to the
Planning Commission for review. This is a practice and not an adopted policy of the
City Council.
The practice has been in place now for five years and Staff has found that there are
some challenges. First, the City Council, in its review of past potential projects, has
found that there is very little information to help guide their decision in the reservation of
units or commercial square footage. Two, the reservation of units or square footage
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was designed for a time when the City Council would be challenged to allocate a limited
number of units/sf left in the Pool. At this time, that is not an issue.
Staff is seeking direction on the practice and offers up the following options and Staff
recommendations for the City Council’s consideration:
1. Keep the current practice
Staff does not recommend maintaining the existing practice at this time. Certainly, as
the Plan area builds out, Staff would recommend a more deliberate process to evaluate
requests for units/sf.
2. Modify the reservation process
Staff recommends a modification to the existing practice. Staff would like an opportunity
to further refine the requests in order to present a more detailed proposal for the City
Council’s consideration. Staff would recommend the use of the Study Session process
once Staff believes that an applicant’s proposal is appropriate to seek feedback (ie.
Initial design and site plan as a basic requirement). This would typically take between
three to six months from initial preliminary application. This Study Session will also
include the options for Community Benefit for the City Council’s consideration. The City
Council can, at that time, direct Staff to continue or discontinue work on the project. All
costs associated with the preliminary review will be borne by the applicant.
3. Eliminate the reservation process entirely
Because this is a practice and not a policy, the City Council could eliminate the
reservation process entirely. Staff believes that this option is less desirable than Option
2, as it would be challenging to a prospective applicant to invest the time and resources
into full-blown project plans.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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None.
Page 1
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STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of Appointments the Fiscal Sustainability Task Force
Prepared by: Jay Baksa, Financial Analyst
EXECUTIVE SUMMARY:
The City Council will consider appointments, recommended by Staff, to the Fiscal
Sustainability Task Force. The purpose of the Task Force to educate the public on city
finance and the City of Dublin’s current and projected financial status and produce an
advisory document with options for the City Council to consider in future budget cycles.
Because the City received a significant response, Staff is recommending the
appointment of the seven members and four alternates.
STAFF RECOMMENDATION:
Appoint seven members and four alternates to the Fiscal Sustainability Task Force, as
recommended by Staff.
FINANCIAL IMPACT:
The cost to administer the Ad Hoc Fiscal Sustainability Task Force (Task Force) can be
accommodated within the Fiscal Year 2016-17 Adopted Budget.
DESCRIPTION:
At its November 1, 2016 meeting, the City Council approved the formation of an Ad Hoc
Fiscal Sustainability Task Force and directed Staff to solicit applications from interested
Dublin citizens and business owners, and to recommend seven members and two
alternates for appointment to the Task Force by the Mayor at the December 6 City
Council Meeting.
On November 2, 2016, Staff posted information about the Task Force on the City’s
website, which included an online application process, and placed a news flash on the
City of Dublin home page. On November 3, an e-mail was sent out to the City’s email
subscribers. In addition to offering the online application, Staff made paper applications
available at the Dublin Library, Senior Center and Civic Center.
Page 1 of 2
Applications were accepted from November 2 through November 18. A total of 27
applications were received within the filing deadline (Attachment 1). Applications were
reviewed by Staff and given the quality and experience of the applicants, Staff is
recommending a total of 11 persons to serve, seven as members and four as
alternates, rather than the two alternates originally stated.
Members will not be allowed to miss more than two meetings during the one year
review. Alternates will also not be allowed to miss more than two meetings and will
participate in the discussions. Alternates will become members in the order listed in this
Staff Report, if the City Council concurs with the Staff recommendation. The objective
of the member and alternate model is to ensure that the City Council receives a report
and recommendations that is consistent and supported by a seven member panel.
The selection of seven members and alternates to be recommended for appointment to
the Task Force are as follows:
Members
1. Chih chi Chu
2. Jean Josey
3. George Zika
4. Dan Mendoza
5. Jason Canapp
6. Mike Grant
7. Kristian Reyes
Alternates
1. Matthew Lopez
2. Ravi Banda
3. Joe Washington
4. Rebecca Mammen
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
All applicants received notice and the availability to the Staff Report.
ATTACHMENTS:
1. Applications
Page 2 of 2
James Ketner
Engineer
Why are you interested in serving on the Fiscal Sustainability Task Force?
I have a deep devotion for our city and the progressive development of a balanced community.
Please list any affiliations or memberships with community organizations and/or business.
AT&T Supplier Diversity
Woman of AT&T
AT&T Pioneers
Dublin PD Community Officer
What knowledge do you have of finance and/or governmental finance?
I have dealt in both personal business and governmental financial agreements for multiple counties with
the restrictions and or addendum tied to the contracts
What do you believe are the key challenges facing the City of Dublin?
Community is the biggest challenge. Ensuring that Dublin is not just seen as a transitional city but one
that families want to raise their children in, or ones that want to retire in
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I understand it while not agree with it. I believe our city council and mayor will have to address, but
very familiar with our fisical state
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Chih chi Chu
County Investment Staff
Why are you interested in serving on the Fiscal Sustainability Task Force?
This is an exciting great opportunity to learn the intricacy of balancing the long term fiscal budgets of the
great city of Dublin. My background in local municipality, finance, accounting, and communications will
enable me to contribute to this great cause. I am very impressed that the city is thinking about this now.
To sum up, I view this opportunity not only to contribute but also to learn.
Please list any affiliations or memberships with community organizations and/or business.
Clerk and Executive Secretary, Dublin 2nd [Chinese Branch], The Church of Jesus Christ of Latter Day
Saints
Board Member (past), Community Advisory Board, San Ramon Regional Hospital
Committee Member (past), Measure C Oversight Committee, San Ramo
What knowledge do you have of finance and/or governmental finance?
Currently I am in the investment staff at Contra Costa County Employees' Retirement Association,
administering county's $7.6 billion pension for county's civil servants. During my 8+ years working here
I've seen the plan's cash flows turn negative from positive. We presented a new investment structure to
the board to address this problem and got approved to implement the plan.
Prior to my current job I worked in the financial industry and corporate finance field for over 10 years. I
graduated with Beta Gamma Sigma distinction from Columbia University's MBA program. I am also a
CFA. I was in the JD program of John F Kennedy School of Law for one year and received Witkin Award
(#1 in class) in the subject of Contracts.
What do you believe are the key challenges facing the City of Dublin?
Residents demanding high level of services which they are not willing to pay for is an universal challenge
facing cities all over America. The anti-growth sentiment in any community also handcuff city's hands
on getting the revenues it needs. Community outreach therefore is critical in that educating the public
is as important as crunching the numbers to get the support the city needs to implement the necessary
plans.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I've seen tremendous growth in East Dublin with new immigrants and revitalization of Dublin downtown
in Village Pwk and Amador. Dublin has transformed from a sleepy bedroom community to a destination
center for jobs and commerce. BART has played an important role but so is the availability of land.
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From the city website I learned the current budget is fine but over the long term is not sustainable. I
would be interested in learning more on what line items can be improved as well as other revenue
options that can have meaningful help on the long term.
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Jean Josey
Tutor at Dublin High School
Why are you interested in serving on the Fiscal Sustainability Task Force?
I have felt for a long time that there should be a Fiscall Sustainability Commission in Dublin. I believe
this should be a standing commission similar to our other advisory commissions. With the turbulent
financial times ahead, it is crucial that the City Council and city staff have input from city stakeholders
concerning budgetary decisions. Not only does this bring in fresh perspective, but it also adds an
element of transparency that we have been accused of lacking in Dublin.
I feel that I am uniquely qualified to be on this committee, as I have a history of attending City Council
meetings and have a firm grasp on the financial issues currently facing Dublin. In addition, I have a
strong background in and understanding of budgetary issues, both at the state level and at the local
level.
Please list any affiliations or memberships with community organizations and/or business.
I am on the Dublin Unified School District's (DUSD) Fiscal Advisory Committee, the DUSD Local Contral
Advisory Committee, and several other committees for the school district. I was a volunteer for the
DUSD for 12 years before I became an employee. As part of my volunteer efforts, I ran large fundraising
events (such as chairing the Wells Crab Feed for 2 years) where I had to balance budgets.
My current job is tutoring high school students in math, physics, and English.
What knowledge do you have of finance and/or governmental finance?
Having served on the Dublin Unified School District's Fiscal Advisory Committee for a number of years
(not sure how many - 8?), and the Local Control Advisory Committee, I have a very good understanding
of the State of California's budgetary process. In addition, I was campaign chairperson for a local Parcel
Tax Measure (School Parel tax in Dublin) and more recently on the Bond Campaign Committee for
Measure B (school construction bond in Dublin).
Previously, I have been the treasurer for both Dublin Elementary School PFC and Wells Middle School
PFC.
What do you believe are the key challenges facing the City of Dublin?
We are projected to have a budget shortfall within the next 10 years. We are still growing rapidly,
particularly on the East Side, and yet developer revenue is starting to flatten. We need to figure out
how to continue to provide services to our growing number of residents with shrinking per/capita
revenues.
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Infrastructure is a key issue (traffic, parking, transportation for students, fire and police services), along
with attracting businesses that will thrive in Dublin.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
By understanding is that currently we have a positive ending fund balance, but that within the next 10
years, we will be at deficit spending. Our financial picture is a little better than was projected, mostly
due to the fact that we had so many personnel vacancies during this fiscal year, but that only kicked the
can down the road slightly. We must figure out a way to increase revenues and decrease spending in
order to remain fiscally sound in the next few years and weather any future economic down-turns.
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Steve Kau
Accountant
Why are you interested in serving on the Fiscal Sustainability Task Force?
To serve the local community.
Please list any affiliations or memberships with community organizations and/or business.
Dublin Chamber of Commerce.
What knowledge do you have of finance and/or governmental finance?
I work with business in budgeting, forecasting, reviewing historical data and being proactive in coming
up with solutions for anticipated issues.
What do you believe are the key challenges facing the City of Dublin?
The growing population, the maintenance of the quality of services and the impending shortfall of the
city budget.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
The city has weathered the storm in the bad economic times and is currently is a good place. However,
there is an anticipated fiscal shortage coming up that needs a solution or solutions.
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GEORGE ZIKA
RETIRED
Why are you interested in serving on the Fiscal Sustainability Task Force?
I believe I have the knowledge, skills and ability to fulfil the purpose of this task force, educate the public
about the City's current and projected financial status. I also have several suggestions that may produce
additional revenue that may reduce the projected deficit. The City has historically never had a deficit
and I do not believe we should start building a deficit. I believe we should produce cross benefit studies
for each major program and suggest where programs can be modified or cancelled based on these cost
benefit studies. I believe my 33years with GAO, eight years on the City Council make me uniquely
qualified to serve on this Task Force.
Please list any affiliations or memberships with community organizations and/or business.
Dublin Senior Foundation Treasurer
Dublin Lions CLub
Chamber of Commerce Ambassador
What knowledge do you have of finance and/or governmental finance?
I have spent most of my life working in the finance of Federal, State, and local Government. I am
familiar with the various sources of funds at the federal and state level as well as the fact that many of
these funds have restrictions. I spent 33 years working for GAO (General Accounting Office) reviewing
the sources and uses of funds. Eight years on the Dublin City Council and we had a surplus every year. I
have a reputation for being careful with my and other peoples money.
What do you believe are the key challenges facing the City of Dublin?
As it relates to the task force, the city needs make every effort to increase the sales tax revenue and
reduce its dependence on Property Taxes. This means the city must reduce the jobs housing balance
from more housing to more jobs. The City should also make every effort to attract sales tax producing
businesses with minimal effect on traffic.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I believe the city has to encourage revenue producing businesses coming to the city. Property taxes can
only increase at the rate of 2 percent a year while the cities expenses appear to increase at a much
greater rate. Therefore, the Task Force should explore sources of revenue that can cover the expected
increases in expenses. The Task Force should also explore possible service reductions as alternatives.
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Eric Wan
Business Systems Analyst at Salesforce.com
Why are you interested in serving on the Fiscal Sustainability Task Force?
I am passionate about enriching this community and elevating the standard of living and way of life in
Dublin/Tri-Valley. With Fiscal responsibility comes the opportunity to enrich the community in other
ways, environmentally, culturally, arts, education, entertainment, etc. I am a firm believer in building a
local economy here in Dublin, so that they can be self-sustaining and not rely on other areas of the bay
area to provide jobs. Dublin is currently too residential and requires most of it's residents to commute
elsewhere for work. Most residents are having to commute to job/economic hubs like San Francisco
and Mountain View. Instead, we need to be generating more high income jobs in Dublin, especially with
the growth and development opportunity available to us. Unfortunately, I've seen Dublin primarily grow
into a residential and local retail economy. It doesn't bring in external revenue or sales tax from other
regions nor countries. Instead, the economy is being driven by it's residents having to commute and
bring in income revenue from other cities that provide jobs. There are not too many high income jobs in
Dublin, nor is there an incubator for entrepreneurs and high skilled labor here. We cannot just rely off
property tax and retail sales tax revenue. This model has proven to fail in Orange County. We need to
be bringing in revenue from external sources. The world should be coming to us and spending money.
Not our residents finding sources of revenue elsewhere and bringing it back home.
I work for the Finance department for Salesforce under the office of the CFO, for the past 5+ years as a
Business Analyst. Through my entire career, I've learned the art of increasing revenue and managing
expenses.
Please list any affiliations or memberships with community organizations and/or business.
I am bi-partisan and do not have any special interests driving my desire to assist with Dublin's financial
sustainability. My motivation is to improve the community I live in, give back to my community,
influence the community, and also learn and be involved along the process for my own self and career
growth.
What knowledge do you have of finance and/or governmental finance?
I have worked under the office of the CFO for various private and non-profit companies for 15+ years,
primarily focused on Purchasing, Expense, AP, AR, Payroll, Financial Planning and Budgeting, and
reporting.
What do you believe are the key challenges facing the City of Dublin?
See my comments in the first question.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
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I am aware that the largest sales tax revenue is currently coming primarily from the auto dealerships
and that we have some savy financial planners in the past to keep the city's budget in the green.
However, we can be learning from our more successful neighboring cities.
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Dan Mendoza
Fire sprinkler contractor
Why are you interested in serving on the Fiscal Sustainability Task Force?
Have lived in city for 19 years and heavily involved in youth sports. Interested in assisting in evaluating
and discussing what needs to be down to keep our city fiscally sound.
Please list any affiliations or memberships with community organizations and/or business.
President of Dublin United Soccer, current term through December 2017.
What knowledge do you have of finance and/or governmental finance?
Have owned small business or ran small business for 20 years and have been in charge of all financial
decisions. Have extensive background in fire department budget discussions as well as city permit fee
evaluation and budgeting.
Have participated in city ordinance implimantation for several cities fire departments.
What do you believe are the key challenges facing the City of Dublin?
Budget deficit
Balance between growth and revenue
Political climate due to recent growth and growing pains associated with that.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
Currently stable but potential deficit in 2020
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Kimberley Flickner
Director of Operations
Why are you interested in serving on the Fiscal Sustainability Task Force?
I grew up in Dublin and returned to Dublin to raise my family. I see such potential in Dublin, and want to
work to see that fully realized. I want there to see sustained growth, with fiscally responsible decisions.
I would like to educate owners on the future vision of the city, as well as provide an understanding what
that means and how that needs to happen.
Please list any affiliations or memberships with community organizations and/or business.
I have been a community association manager for 10 years. I am finishing up obtaining my master's
certification from the California Association of Community Managers.
What knowledge do you have of finance and/or governmental finance?
I am responsible for overseeing the finances for 10 community association's, doing monthly analysis and
preparing the operating budget monthly.
What do you believe are the key challenges facing the City of Dublin?
Standing out in the Tri Valley. Being the City that people want to move to, not move to because "its
cheaper than San Ramon". Promote a strong sense of Community is important. The more people are
happy with the City, the more they embrace the City, the bigger draw there is to not only move here,
but to participate and promote activities that provide a revenue source for the City.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I am often on the City site reading whatever is available. I paid particular attention to the financial
information in this posting which made me want to step forward.
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Karina Abreckov
Accounting
Why are you interested in serving on the Fiscal Sustainability Task Force?
I feel that that's an area that I can volunteer and contribute in.
Please list any affiliations or memberships with community organizations and/or business.
I don't think I have any
What knowledge do you have of finance and/or governmental finance?
I have a business degree that required finance/accounting and government accounting classes. I have
passed all the parts to the CPA exam and am on the way to officially become one. I have extensive and
progressive experience in the accounting field.
What do you believe are the key challenges facing the City of Dublin?
I would say our growth rate. We are growing rapidly, which is great, but by the same token, we have to
make sure we can keep up and we can continue to provide the necessary support and services to our
community.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I don't have much knowledge about the town's current financial position, but I am willing to learn about
it and to try to help in evaluating it and coming up with ideas for improvements.
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Chetan Patel
Self Employed
Why are you interested in serving on the Fiscal Sustainability Task Force?
To really give input on what residents of Dublin think and want. I have small Handyman Business and i
visit many homes and the talk always centers around How will City pay for the all services with this
Uncontrollable Growth.
Please list any affiliations or memberships with community organizations and/or business.
CEO Of Surya Solar in Dublin(bought out by Solar Works)
Partner in Greenleaf Solar In Dublin( bought out by EGG)
Partner in Luminox
What knowledge do you have of finance and/or governmental finance?
I have run successful companies and sold for a higher Value. I have a BS in Finance and have worked as
Financial Analyst for many years. I have no Knowledge of Government Finance, but I feel with my
experience I can be a asset to the Board.
What do you believe are the key challenges facing the City of Dublin?
How to pay for the services with all the growth and Unfunded Pensions
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
It is doing a a very good job and it is very progressive in making sure it does not fall into a trap of
spending over its means, and a formation of board will help in not falling into the trap.
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Ryan Lee
Business Strategy and Analysis
Why are you interested in serving on the Fiscal Sustainability Task Force?
My family moved to Dublin a little over a year ago and we plan on living here for many years. I have
vested interest in seeing my home city continue to a beautiful city that brought us here in the first place.
I believe with my background in financial and business analysis can be of help.
Please list any affiliations or memberships with community organizations and/or business.
School of Imagination (Wife works there)
What knowledge do you have of finance and/or governmental finance?
I have 5+ years of Wall Street experience, specifically on analyzing financial strength of companies. After
my time at Wall Street, I work as business analyst helping companies make the right planning and
investment decisions.
What do you believe are the key challenges facing the City of Dublin?
Dublin has been receiving a huge influx of new residents over the past several years and this growth in
city population will continue for a foreseeable future. Growing the infrastructure and communities to
accommodate this population growth is one of the key challenges facing the City of Dublin.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
As a new resident, I do not have much knowledge about the Dublin's current fiscal status. I will quickly
learn the current landscape of revenues and expenses to better assist in putting the city in a strong
financial position.
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Joseph Washington
Coordinating Producer for CSN Bay Area
Why are you interested in serving on the Fiscal Sustainability Task Force?
I love living in this city and I'm interested in learning more about keeping it solvent and want to help any
way I can.
Please list any affiliations or memberships with community organizations and/or business.
I have volunteered as a board member with the Dublin United Soccer League, I am an active volunteer
and merit badge counselor for Dublin Boy Scout Troop 905. I am and have been a volunteer coach for
the Jr. Warriors program for almost a decade. I don't have any affiliations with local businesses, except
as a patron.
What knowledge do you have of finance and/or governmental finance?
I manage multi million dollar productions at work, deal with labor unions, league governing bodies on a
regular basis. I have very little exposure to governmental finance but am very interested to learn more.
What do you believe are the key challenges facing the City of Dublin?
Managing growth, expenses, and generating enough income to keep services at levels that make this a
great place to live. I think the city has done a terrific job in my 13 years of residence.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
Projections from June 2016 showed a General Fund deficit by Fiscal Year 2020-21 of $0.9 million,
growing to $7.4 million by Fiscal Year 2024-25. At our current service levels, and with future facilities
and community services, future expenditures will outpace future revenues.
I have been to a few city council meetings including the one in June when they discussed this. There
was also a group of people there who wanted more police officers. It was interesting to see just how
much it costs to add a single officer to the cost formula.
That is the extent of my knowledge but I hope to expand it greatly in service to our city.
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Jason Canapp
CEO
Why are you interested in serving on the Fiscal Sustainability Task Force?
Financial sustainability is crucial for one of the fastest growing cities in the country. Balancing the
interests of residents, commercial entities, and NGOs is a difficult task in any jurisdiction. Doing so in
Dublin will be especially difficult given the increased infrastructure demands, state resource constraints,
and political willingness of a dynamic residential demographic.
Crafting a 10-Year Financial Forecast and accompanying plans that remain flexible to shifting needs will
be critical and will require the participation of individuals committed to both the short- and long-term
financial health of the City while remaining attractive to residents, business, and other organizations. I
am excited about the possibility of helping in this regard and being able to give back to the community
that I have been honored to call home for the past two years. My family and I have grown to love this
city and look forward to many more years here. Dublin is a fantastic place to live, work, play, and raise a
family. I would very much like to see it remain so and only improve.
Please list any affiliations or memberships with community organizations and/or business.
Prior to moving to California, I had extensive experience working with local, state, and federal entities
on community revitalization efforts. As the President of a volunteer-based community organization that
encompassed more than 30,000 residents in Baltimore, I coordinated the efforts of government,
universities, neighborhoods, business associations, and private developers in creating a 10-year
community development strategy. The resulting plan, which was officially adopted by the City,
addressed Housing and Neighborhood Revitalization, Commercial Revitalization, Open Space and
Recreation, Transportation, Streetscapes, and Gateways, Public Safety, Public Services and
Infrastructure, and Community Building. The plan was later amended and extended to include
Education and Youth Development.
I also served as a an appointed member of the Governor's Community Legacy Advisory Board
(Maryland), Baltimore City Task Force on Supportive Group Homes, and on the Board of Directors of the
Govans Economic Management Senate (Baltimore, MD) and the Northeast Development Alliance
(Baltimore, MD).
What knowledge do you have of finance and/or governmental finance?
In the private sector, I have held positions as CEO, COO, Director, and business consultant. All of these
roles have necessitated a significant amount of finance and budgeting effort and expertise. Prior to my
work in the private sector, I served for more than a decade in government service at both the state and
federal level (Maryland Governor's Office and U.S. Senate) working on issues related to strategic
planning, government budgeting, capital planning, community development and crime control.
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What do you believe are the key challenges facing the City of Dublin?
I believe the key challenge facing Dublin is to extract maximum benefit from growth opportunities while
mitigating the negative effects associated with rapid growth. Identifying methods to encourage the
development of mixed building types and uses, diverse housing and transportation options, further
development (where possible) within existing neighborhoods, and community engagement will be an
important part of the effort. Bridging the physical and increasingly cultural and socioeconomic divides
will also be critical, as will working with all stakeholders (public and private) to emerge from the process
in an improved position. All efforts will put a high demand on scarce resources and the community buy-
in to resource allocation will be an important part of any fiscal sustainability effort, especially as existing
sources of some revenues dissipate.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
In brief, the City has experienced strong growth in revenue, especially from development and associated
funds. However, these revenues will not continue at the same rate and, as development plateaus,
associated one-time revenues will cease to exist, placing a much larger burden on all other sustainable
revenue sources. This will happen at the same time the enlarged community is demanding more from
City resources. In the interest of maintaining a high-standard of living for social and economically
beneficial effect, the City will need to be creative in readying itself financially and in finding solutions
that will not erode the benefits the current leadership has worked so hard to secure. The good news is
that it's achievable.
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Lamar Mills
Advertising Manager
Why are you interested in serving on the Fiscal Sustainability Task Force?
By serving on the Planning Commission, I aspire to build a stronger relationship with our elected officials
and educate them on best planning practices as a resident, not a bureaucrat, and help planners “see
things from the other side of the tableâ€. Ultimately, being a voice for all communities within the City
of Dublin, and helping them live a better quality of life will always be at the forefront of every decision.
Please list any affiliations or memberships with community organizations and/or business.
Not applicable.
What knowledge do you have of finance and/or governmental finance?
Finance has played a significant role in my professional career from planning multi-million dollar budgets
to managing profit and loss statements. It has been my responsibility to seek new opportunities for
revenue and identify areas of optimization to improve bottom-line net income.
What do you believe are the key challenges facing the City of Dublin?
The construction of excellent amenities in our community was a result of high growth in recent years.
But as this growth flattens, we need to ensure these projects and services are sufficiently maintained so
they do not become financial burden in the long-term. Sites such as the Aquatic Center at Emerald Glen
Park and the new Sports Complex are among these projects.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
The 2015-16 Fiscal Year indicated an operating budget surplus; however, a General Fund deficit is
anticipated by Fiscal Year 2020-21 and will continue to grow significantly in years thereafter. Strategic
thought leadership and planning will be necessary to prepare for this phenomenon.
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Rebecca Mammen
Sr. Customer Success Manager, Demandforce, Inc.
Why are you interested in serving on the Fiscal Sustainability Task Force?
Participating in Inside Dublin has been an enlightening and educational opportunity that has driven me
fulfill my civic responsibility.
Please list any affiliations or memberships with community organizations and/or business.
Inside Dublin participant
What knowledge do you have of finance and/or governmental finance?
My knowledge of finance is limited to the economic classes I took in University. My interest has peaked
from the information provided through the Inside Dublin program.
What do you believe are the key challenges facing the City of Dublin?
The key challenges facing the City of Dublin are the uncertainty of the cost of contracted resources
(safety), the decrease in developer funds and potential changes in economy. Citizens of the community
have a high level of expectations of quality of life and opportunities provided by the city. It is important
they are fully informed about potential changes and have the ability to help shape the community by
providing feedback as to what is important to them.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
The City of Dublin is a booming community with a high standard of living. The City of Dublin has a lean
staff responsible for a large number of projects to keep up with the needs of residents with diverse
demographics.
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Sapna Mittal
Software Engineer
Why are you interested in serving on the Fiscal Sustainability Task Force?
To provide my skills and input for better dublin future.monitor and see through the process of applying
the tax payers money into right projects and deliverables.
Please list any affiliations or memberships with community organizations and/or business.
Working for Berkshire Hathaway Homestate Companies
What knowledge do you have of finance and/or governmental finance?
Worked with wells fargo and designed many financial software
What do you believe are the key challenges facing the City of Dublin?
Many projects and diversified interests
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I have lived in dublin over 15 years and seen dunbin go through many phases and chalanges
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Mike Grant
Equipment Maintenance Asset Manager, Schnitzer Steel Industries and Owner, Guns Unlimited
Why are you interested in serving on the Fiscal Sustainability Task Force?
I am encouraged to learn that the City of Dublin has invited community members to participate in the
Fiscal Sustainability Task Force. The economic sustainability of Dublin is essential as Dublin has seen
substantial economic and population growth in the last decade. As such, I believe the the Fiscal
Sustainability Task Force needs to be composed of a diverse membership. As a business owner in Dublin
and a resident (for more than 25 years), I can provide a unique perspective that is needed on the Task
Force. I have more than 30 years of experience managing budgets at Republic Services, Schnitzer Steel
Industries, and Peterson Tractor. These experiences have shown me the important of financial reviews
and benefits of fiscal planning to ensure company needs are meant and operations are completed. This
can be directly translated to the work conducted by this Task Force.
Please list any affiliations or memberships with community organizations and/or business.
Guns Unlimited (owner)
Dublin Chamber of Commerce (member)
Urban Shield (sponsor)
St. Raymond Catholic Church
What knowledge do you have of finance and/or governmental finance?
I have significant professional experience in roles dealing with finance. Below is a list of my experience
along with details on duties related to finance.
Schnitzer Steel Industries: Manage over $125 million of equipment. Manage 78 personnel.
Allied Waste: Republic Services: Managed $100 million worth of equipment. Reduced equipment
operation costs by $4 million.
Mission Valley Rock: Managed fleet of $48 million worth of equipment. Reduced equipment costs
through evaluation of warranties and related expenses.
Peterson Tractor: Responsible for $15 million per year in gross revenues.
What do you believe are the key challenges facing the City of Dublin?
I believe there are many challenges and opportunities facing the City of Dublin. As a resident of Dublin
for more than 25 years, I have seen the dramatic expansion in our community, including residents and
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development. However, with more people and visitors in our community the demand on our city
services also grows. And the budget shortfall facing the city can have dramatic impact on our core
services. As such, I believe the Task Force needs to look at the budget shortfall and ensure we retain of
our core services (Fire and Police). In addition, we must invite smart growth development that is
revenue generating, as well as fully evaluate the transportation needs in our community (from roads to
traffic expansion and mitigation). This Task force has significant work to do and I would welcome the
opportunity to help drive this Task Force and Dublin forward.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
As a longtime resident and business owner, I am fully aware of the budget shortfall facing our City and
ultimately our community. We need to take an honest look at how we reached this point and develop a
comprehensive recommendation to ensure Dublin continues to invite economic growth while providing
services to its constituents.
It is important to note that the fiscal issues facing the City of Dublin are not unique to our city; these are
issues facing communities throughout California and the United States. However, it is our responsibility
to address the future fiscal status in a way that takes into account Dublin and its needs for today and
tomorrow.
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Edward Rimshaw
retired mainframe systems programmer
Why are you interested in serving on the Fiscal Sustainability Task Force?
I recently completed 'Inside Dublin' and learned of this program. I have lived in Dublin since 1965
(except for 10 years when I lived in Pleasanton). I am interested in seeing the city operate in a fiscally
sustainable manner.
Please list any affiliations or memberships with community organizations and/or business.
Just a citizen who grew up here - I went to Fredericksen elementary school, Wells middle and Dublin
High school.
I worked in Dublin from 1976-2010 at the Lucky corporate headquarters on Clark Ave.
What knowledge do you have of finance and/or governmental finance?
Only what was presented in Inside Dublin. However, I do own a house in Dublin, and I have no personal
debt - so I think I am doing better than most businesses or government offices.
What do you believe are the key challenges facing the City of Dublin?
Attracting new retail, generating revenue, and controlling spending.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
The city can't sustain its current budget, likely due to its commitment to contracted services.
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Robert Spicer
Retired Former Director of IT
Why are you interested in serving on the Fiscal Sustainability Task Force?
I am an 8 year resident of Dublin and retired for the 3rd time in July of this year. My wife and I selected
Dublin for our retirement home; buying our last residence here with that in mind. Two of our 3 children
live here and we have 2 grand children attending Dublin High as freshmen.
Having made a strong commitment to Dublin, I want to do what I can to help this City continue to be as
attractive and desirable, now and into the future, as it was for us 8 years ago. Now that I am retired, I
have both the time and the desire to contribute my skills, in some small way, to help preserve and
advance what Dublin has come to mean to us.
Please list any affiliations or memberships with community organizations and/or business.
Most recently I was a member of Dublin's Public Art Selection/Recommendation Committee for the
Emerald Green Park's Aquatic Center.
Before I moved into senior management positions, and then into "startups", and had more free time, I
served on the curriculum committee when Evergreen Community Collage was expanding into the
Computer Science area, and I was on a number of advisory boards for the DPMA (Data Processing
Management Association) now called the (ICCP) Institute for Certification of Computer Professionals.
I have been on the BOD for my HOA for the past 7 years, and I have been the Board President for the
last 5 years.
What knowledge do you have of finance and/or governmental finance?
I hold a BS Degree in Business and Industrial Management, and an MBA.
My knowledge of finance is focused on manufacturing and retail businesses - large and small. In
addition to undergraduate and post graduate accounting and finance course work, early in my work
career I designed, programmed, installed and maintained computer based financial systems primarily for
large and medium sized manufacturing and retail businesses. Later in my career, I selected and
installed fully integrated financial business systems for manufacturing and software businesses. I have
some "awareness" of the differences in government accounting practices - but no hands on experience.
What do you believe are the key challenges facing the City of Dublin?
Keeping up with the need to build-out infrastructure to meet City growth.
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Maintaining this growing infrastructure base, and then finding funding for future replacements of the
aging potions of the infrastructure.
Managing the problems that come with growth and larger populations which result in more traffic, more
education requirements, more safety and emergency services, and more waste.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
From the Dublin 101 Seminar I took several years ago, I gained the understanding that the near future
was planned for and well covered, but I was always curious as to what happens when growth stops or
slows down.
Since the Council is putting together a Sustainability Task Force, it seems that they are also wanting to
ask and answer the same question - what happens when new development is a smaller percentage of
the of the future economic activity in Dublin.
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Mathew Lopez
Retired
Why are you interested in serving on the Fiscal Sustainability Task Force?
I have been a resident of Dublin for nearly 40 years. I have watched our city grow from a
unincorporated community to a city and watched the school districts evolve into a self contained
district.
During this period we have experienced dramatic population and business growth, but there is limit to
this growth because of geographical limitations. So the challenge the City faces is maintaining the
current level of standards and growing costs within limited opportunities for revenue sources. This
requires fiscal planning far different than massive growth and what seems unrestricted revenue growth.
As a result, I am concerned the City could become overly tax burdened driving out business. It also
could have difficulty maintaining City services at the current levels. None of us would like less fire,
police, maintenance, or other city services.
We must maintain the vibrancy so far achieved.
Please list any affiliations or memberships with community organizations and/or business.
None. I have not felt the need to involve myself in City or community groups.
This task force offers an excellent vehicle for me to use my experience and knowledge within a concise
framework and schedule with like minded individuals who are concerned about the future of Dublin.
What knowledge do you have of finance and/or governmental finance?
I have BS in Accounting and Masters in Public Administration.
I worked 5 plus years in the General Accounting Office performing fiscal and management audits and
reviews of federal programs.
I worked 28 years at Lawrence Livermore National Laboratory. My responsibilities included budgeting
and forecasting, program operations and ultimately I became the Finance Officer for the Lab. I also was
the CFO at Los Alamos National Laboretory responsible for all business operations of this 2 billion $
laboratory.
No direct city employment, but significant business and financial experience.
What do you believe are the key challenges facing the City of Dublin?
Limited physical growth opportunities and thus, potential revenue restrictions.
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Maintaining high level city services, including fire, police, maintenance, etc.
Maintaining the City's infrastructure, such as, parks, streets, buildings, etc.
Dealing with future employee liabilities and benefits.
Building a reserve to meet future economic downturns and emergencies.
Providing enhancements to city facilities and services.
Creating a downtown the City and it's residents would be proud to use.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
The City has managed the growth reasonably well, although at times, it felt too much too soon. Having
the said this, it appears the the current fiscal status is adequate to meet current requirements.
But I suspect that City leadership has concerns or there would be no need for this type of task force. I
share those concerns. The economy is humming along, but we all know it goes through cycles and is the
City ready for a downturn.
Is the City prepared to maintain services within constrained revenue. Is the City prepared to meet
future employee liabilities or a major emergency.
So, my perception is that looks fine at this time, but this will not last.
The City must be prepared and begin planning and se plans as soon as possible.
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Kristian Reyes
Manager, Lighting and PowerSmart Business - Graybar Electric
Why are you interested in serving on the Fiscal Sustainability Task Force?
I moved to Dublin with my family from Oakland 2-1/2 years ago. Not only were we attracted to the safe
neighborhoods, the abundance of great parks, the quality of the youth sports leagues, and the
availability of shopping with the city - but also due to the proximity to my office in West Dublin. We
purchased a new home in Schaefer Ranch and have been watching the growth of the city, especially in
the east side. Since we moved to Dublin and gotten acquainted with the city I have become more and
more interested in the effects this has had on the city from a fiscal perspective; when I found about the
task force I thought this would be an excellent opportunity for me to use my experience to help the city,
as well as to stay aware of the city's progress as we grow.
Please list any affiliations or memberships with community organizations and/or business.
My son plays in several youth sports organizations in Dublin; I have managed his DLL teams for the past
2 years.
What knowledge do you have of finance and/or governmental finance?
I have a Bachelor's Degree in Business Administration from UC Berkeley, with an emphasis in Finance, as
well as an MBA from UC Irvine. I have financial experience over the past 20+ years in several areas:
Various management roles with P&L an financial responsibilities at 2 Fortune 500 companies
Ownership and primary financial decision-maker of a lighting manfacturers' representative agency with
revenues exceeding $50 million
Managing all accounting, finance, and HR functions for my wife's speech pathology practice
Serve as Vice President of my HOA for our vacation home in South Lake Tahoe and help manage a
~$100K budget
In my current role at Graybar, I work with city governments all over the country as I consult with them
on several areas that my firm can help them with their finances through energy conservation measures.
I have worked with over 50 cities over the past 10 years, executing city-wide street light changeouts and
more recently, implementing electricity generation and storage solutions using solar and battery
solutions. In this role I have become more and more aware of the finance processes at various cities,
specifically in the areas of bond issues, municipal leases, and the uses of city fund and expenditure
categories.
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What do you believe are the key challenges facing the City of Dublin?
I think the city has a lot to consider in the fact that as major developments start to wrap up, the
revenues generated from those projects will start to decline. As a result, the city will have to consider
the balance between the encouragement to attract more businesses to Dublin to increase sales tax
revenue, and the infrastructure needed to support that growth. Considerations with regards to
declining infrastructure, traffic, and maintenance issues will be key.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
Upon learning of this task force, I have done some review of the documents on the city's website. I was
pleased to see the quality in which the budgets have been done and applaud the city on its policies to
ensure a sound financial position and address goals laid out in the city's operational plan. It is
commendable that Dublin is looking forward and taking strategic steps to address potential deficits in
the future. I look forward to participating in that process and learn more to be able to contribute.
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Rajani Arepalli
IT Proessional
Why are you interested in serving on the Fiscal Sustainability Task Force?
As a resident of Dublin city I am deeply interested in its fiscal situation. Dublin is a growing city with
plenty of opportunities. There are many young families making Dublin their home to provide good
environment to their kids. As father of two young kids I like to see Dublin city to thrive not just today but
over many decades. The immense growth that is happening in Dublin brings great opportunities along
with immense new challenges. It is my wish to see Dublin city sustain and emerge stronger with each
new challenges that come its way. Over a period of many years there are up and downs in the economy
cycles. The events of 2007 / 2008 thought me to prepare for the worse in good times to withstand the
unfavorable economic conditions that might come our way. As the projected budget deficit for year
2020/2021 is negligible, next 3-4 years gives great opportunity to plan for the surplus budget moving
forward. Keeping good financial order is continuous effort with due diligence at every step of way. With
my interest in the financial well being of the city I currently reside, I like to participate and contribute in
any way possible to help Dublin to be a stronger and vital community.
Please list any affiliations or memberships with community organizations and/or business.
None. This is first step for me to involve deeply with the community.
What knowledge do you have of finance and/or governmental finance?
As mentioned before, 2007-2008 thought me great deal about being fiscally prudent to avoid any
surprises that we may not be able to control. I will bring the same discipline to enhance Dublin's
financial position. Completed level 1 certification of Alternative investments (CAIA) which introduced me
to the world of alternative financial world. As part of my job, always adhere to SOX controls and believe
in strong processes to be in place to achieve financial success.
I lived in Singapore for couple of years and impressed the way government was run always keeping
interest of the country at first. Both are small in size (Dublin is at 5% of Singapore size), few of the fiscal
activities can be easily implemented in Dublin.
What do you believe are the key challenges facing the City of Dublin?
Infrastructure (Roads) is the biggest concern that needs to cater to the growing population.
Schools are another area that needs big impetus to produce future successful citizens.
Bringing businesses to the city helps to build the eco system that can withstand any surprises in silicon
valley
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Compete with other world class cities and be better in providing opportunities to its citizens
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
With robust growth in new population, buildings Dublin is at unique position to take advantage of all the
opportunities. Proximity to silicon valley and San Francisco city propels Dublin city to provide key role in
Northern California / bay area region
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Laurie Martellacci
Retired Clerical Manager
Why are you interested in serving on the Fiscal Sustainability Task Force?
I am interested in serving on the task force because I plan to live in Dublin for a long time to come and I
am concerned with anything that affects our city financially. When I read that we will soon have a deficit
in our General Fund, that concerns me and I would like to help be a part of the solution. I believe Dublin
is a thriving city, and to be sure it continues that way, certain financial issues should be addressed and
solved.
Please list any affiliations or memberships with community organizations and/or business.
I do not have affiliations with organizations or businesses, but when I moved here over 6 years ago, I did
fall in love with this city and I would like it continue to be the great city that it is. I do attend classes and
events at the Senior Center and find it to be a very well run facility. I enjoy our parks, I have participated
in the 5K walk during the St. Patrick's Day celebration, and of course I am a customer and consumer at
many local businesses in Dublin, both large and small.
What knowledge do you have of finance and/or governmental finance?
Although my knowledge of governmental finance is limited, I worked for Alameda County for 42 years. I
worked all of those years at the library, both behind the scenes and in the public library in various
positions throughout my career. I was a manager for most of my career. I do know what it takes to run
an operation efficiently, while working within the constraints of the budget. We faced several hard times
during my career, so creative solutions were always a part of my job tasks. I had to get the work done
and make sure the public received excellent customer service, while being under staffed. I was aware of
the Library's budget each year, and am familiar with where our money came from, etc.
What do you believe are the key challenges facing the City of Dublin?
I believe the key challenges facing the City of Dublin are growth, traffic, and economic stability. We are
still growing, but are we growing too fast? We need more schools. And can our infrastructure handle the
growth? If we are still growing with new businesses and housing, why will we face a deficit?
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
My current perception would have been that since we are growing, we are thriving. Now that I know
that we may have a financial deficit, my perception has changed. I wonder why and question how could
this happen. It is something that needs to be resolved to keep our community great.
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Marut Patel
HW Manager
Why are you interested in serving on the Fiscal Sustainability Task Force?
Keenly interested in understanding and becoming part of solution.
Understanding
-------------------
1) Why do we believe we will have fiscal challenge in near future with given revenue?
2) What is the value every dollar spent brings for the city of Dublin and its future?
3) How are the priorities determined?
4) How are the key decisions made?
Think tank for solution
-----------------------------
1) Join the team to find the solution.
2) Provide the recommendation and may have alternate or innovative way to achieve the same.
Please list any affiliations or memberships with community organizations and/or business.
Working on it.
What knowledge do you have of finance and/or governmental finance?
Mostly have the finance knowledge of running initiatives and programs in private sector.
What do you believe are the key challenges facing the City of Dublin?
At our current service levels, and with future facilities and community services, future expenditures will
outpace future revenues.
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Projections from June 2016 showed a General Fund deficit by Fiscal Year 2020-21 of $0.9 million,
growing to $7.4 million by Fiscal Year 2024-25.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
Have read and understand the financials of 2015 from CFAR report. Also the details of the revenue and
expenses. Have to understand more about the forecast that could create deficit.
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MARILYN MA
Finance
Why are you interested in serving on the Fiscal Sustainability Task Force?
My family moved to Dublin in 2013 and we very much enjoy the family-oriented city that offers good
schools and diversity. It's our goal to become a long term Dublin resident (both my husband and I work
close by) and the success of the city plays a big role and has major impact to our every day lives.
I have 18+ years of finance background and I believe my experience in the field is a good fit to this task
force. This also will give me an opportunity to learn something new and meet other residents in Dublin.
Sincerely,
Marilyn Ma
Please list any affiliations or memberships with community organizations and/or business.
I own my own financial consulting business.
What knowledge do you have of finance and/or governmental finance?
I am in charge of the my company's annual budgeting and quarterly forecasting processes. These
processes require in-depth knowledge of the company's operations, team work, collaboration, and
attention to details. I also oversee the company's capital spend to ensure a good rate of return in
investment.
What do you believe are the key challenges facing the City of Dublin?
Traffic due to over populated housing, particularly on the East side.
No real down town feel on either side of the city. West is older and quieter and East is new but over
populated.
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
Current status is stable and could bring in more diversity in the meals & entertaining areas
(restaurants/night entertainment) in order to attract residents from other cities.
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ROMONCITO FIRMEZA
Retired
Why are you interested in serving on the Fiscal Sustainability Task Force?
Concerned about projected 2020 budget deficit
Please list any affiliations or memberships with community organizations and/or business.
Former Member:
• Housing Committee
• Green Task Force
What knowledge do you have of finance and/or governmental finance?
8 years – Senior Accountant – State of California
25 years – IT Engineer – Director
10 years – Accountant – Private Corp.
BS Degree – Business Administration – Major Accounting
What do you believe are the key challenges facing the City of Dublin?
Balance growth in housing and commercial
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
Floating above water
Future is not good
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Ravi Banda
Information Technology
Why are you interested in serving on the Fiscal Sustainability Task Force?
Our family moved to Dublin to be part of a growing and vibrant community. The people. schools,
facilities, commute accessibility and recreational avenues are one of the best in Bay Area and in Tri-
valley. Even when faced with a choice of going to Pleasanton or San Ramon we chose Dublin to be the
place where our kids will flourish and grow and the place where we can retire.
I have been closely following the rapid development of Dublin and the choices being made for
investment into infra-structure, businesses, community facilities and there are two things that come to
my mind -
1) Economy is cyclical and I have seen the boom and bust of Bay Area. Things look great now but there
will be a down-turn and we need to be prepared at that point to minimize the impact on the residents of
the Dublin. It's important to have a sound financial strategy that builds a cushion for us to deal with any
eventuality.
2) As Dublin gets closer to its full growth - we need to find new revenue paths. We need to leverage the
strategic geographic location of Dublin to make it a hub for business, entertainment, shopping and a
place. We need to tap and partner with technology companies to make Dublin a smart city and create
ways to reduce the cost of running the city as well as develop new ways of generating revenue.
I am excited about the potential for Dublin and motivated to solve the challenges hence my interest to
serve on the task force and work with fellow members to create a long-term sustainable financial
strategy for the city of Dublin.
Please list any affiliations or memberships with community organizations and/or business.
Own a S-Corp - Nalanda Education Services
What knowledge do you have of finance and/or governmental finance?
I have a MS in Computer Science and an MBA from UC Berkeley. My MBA has helped me to understand
the accounting aspects of a business and balance it with a business strategy for the growth and
sustainability of a business.
What do you believe are the key challenges facing the City of Dublin?
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There are three challenges facing the city
1) Tackle the projected fiscal deficit in the next 8-10 years and at the same time prepare for increasing
inflation and interest rates.
2) Identify new revenue opportunities that cater to a responsible and sustainable city growth
3) Most importantly build community support around the plan for tackling these challenges
What is your perception/knowledge of the City of Dublin's current and future fiscal status?
I have reviewed the financial reports on the City of Dublin website and have a fair understanding of the
current budget, projected revenues and the possible deficit situation in 2024-25.
We need to build community support around the fiscal initiatives and this first step of setting up a task
force is in the right direction and I will be honored to provide my inputs into this process.
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Certification of November 8, 2016 Election Results
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City has received and will certify the November 8, 2016 election results for the
Office of Mayor and two City Councilmembers from the Alameda County Registrar of
Voters.
STAFF RECOMMENDATION:
Adopt the Resolution Reciting the Facts of the General Municipal Election held on
November 8, 2016, Declaring the Results Thereof, and Such Other Matters as are
provided by Law.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City has received the Certification of Election results from Tim Dupuis, the Alameda
County Registrar of Voters.
Dublin’s voter turnout was 79.76%. Of 26,975 registered voters, a total of 21,516
ballots were cast in the City of Dublin.
The November 8, 2016 election results were as follows:
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Page 2 of 2
MAYOR (one elected)
David G. Haubert 15,607 Votes
Shawn Costello 2,553 Votes
COUNCILMEMBER (two elected)
Arun Goel 8,928 Votes
Melissa Hernandez Strah 7,950 Votes
Doreen Wehrenberg 6,323 Votes
Mona Lisa Ballesteros 6,016 Votes
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Reciting the Facts of the General Municipal Election held on November 8,
2016, Declaring the Results Thereof, and Such Other Matters as are provided by Law
2. Exhibit A to Resolution, Alameda County Registrar of Voters Certified Results of
November 8, 2016 Election
8.1
Packet Pg. 203
Reso No. XX-16, Adopted XX-XX-16, Item No. X.X Page 1 of 2
RESOLUTION NO. XX – 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * *
RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 8, 2016, DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a consolidated general municipal election was held and conducted in the
City of Dublin, County of Alameda, State of California, on Tuesday, November 8, 2016 as
required by law; and
WHEREAS, the City Council requested that the Alameda County Board of Supervisors
order the consolidation of said election; and
WHEREAS, the Alameda County Registrar of Voters has canvassed the returns of said
election and has certified the results, attached and made a part hereof as Exhibit A.
NOW, THEREFORE, the City Council of the City of Dublin does hereby resolve as
follows:
Section 1. That there were 22 voting precincts established in the City of Dublin for the
purpose of holding said consolidated general municipal election.
Section 2: That said consolidated municipal election was held for the purpose of
electing the following City of Dublin officers:
One (1) Mayor of the City of Dublin to serve for a term of (2) years.
Two (2) Members of the Dublin City Council to serve for terms of four (4) years.
Section 3: That the whole number of votes cast in the City of Dublin was 21,516.
Section 4: That the names of persons voted for at said election for Mayor and City
Councilmembers of the City of Dublin are as follows:
Mayor
David G. Haubert
Shawn Costello
Councilmember
Arun Goel
Melissa Hernandez Strah
Doreen Wehrenberg
Mona Lisa Ballesteros
8.1.a
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Reso No. XX-16, Adopted XX-XX-16, Item No. X.X Page 2 of 2
Section 5: That the number of votes cast at each precinct and the total number of
votes cast for each person named above are listed in Exhibit A (attached).
Section 6: The City Council does declare and determine that:
David G. Haubert was elected Mayor of the City of Dublin for the full term of two (2)
years; and
Arun Goel and Melissa Hernandez Strah were elected as Members of the Dublin City
Council for full terms of four (4) years each.
Section 7: That the City Clerk shall enter into the records of the City Council of said
City, in accordance with Elections Code Section 10264, a statement of the results of said
election, showing:
(a) The whole number of votes cast in the City.
(b) The names of the persons voted for.
(c) For what office each person was voted for.
(d) The number of votes given at each precinct to each person.
(e) The total number of votes given in the City to each person.
(f) The measures to be voted on and the votes cast for and against.
PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
8.1.a
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Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Presentation of Plaque to Outgoing Councilmembers Kevin Hart and
Doreen Wehrenberg
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City will present plaques to outgoing Councilmembers Kevin Hart and Doreen
Wehrenberg in appreciation of their dedicated service to the City.
STAFF RECOMMENDATION:
Present the plaques and receive comments from outgoing Councilmembers Hart and
Wehrenberg.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City will present plaques to outgoing Councilmembers Kevin Hart and Doreen
Wehrenberg in appreciation of their dedicated service to the City.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
None.
8.2
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1643
None.
Page 1
8.2.a
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Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Administration of Oath of Office to Newly Elected Mayor and City
Councilmembers
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The Oath of Office will be administered to the re-elected Mayor and newly elected City
Councilmembers.
STAFF RECOMMENDATION:
Administer the Oath of Office to the re-elected Mayor and newly elected City
Councilmembers.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Oath of Office will be administered to re-elected Mayor David G. Haubert, and
newly elected Councilmember Arun Goel and Councilmember Melissa Hernandez.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
None.
8.3
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1660
None.
Page 1
8.3.a
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Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: December 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Selection of Vice Mayor
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council’s policy is to select, in December of each year, a member of the City
Council to serve as Vice Mayor for a period of one year. In the absence of the Mayor,
the Vice Mayor would become Mayor Pro Tempore and would assume the temporary
responsibilities of the Mayor.
STAFF RECOMMENDATION:
Determine who shall serve as Vice Mayor for a one-year period.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Since 1996, the City Council's policy has been to select, in December of each year, a
member of the City Council to serve as Vice Mayor for a period of one year
(Attachment 1). In the absence of the Mayor, the Vice Mayor would become Mayor Pro
Tempore and would assume the temporary responsibilities of the Mayor.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Noticing not required.
ATTACHMENTS:
1. Resolution No. 5-96 Establishing Rules for the Selection of Vice Mayor and
Repealing Resolution No. 5-87
8.4
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8.4.a
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